Terms & Conditions

Welcome to www.droommusic.com, the official website for Droommusic Pvt Ltd., a Digital Music Distribution service.
The following Terms and Conditions (the “Terms”) apply to all users of www.droommusic.com (collectively, the “droommusic Site”), which owned and operated by Droommusic Pvt Ltd.(“ Droommusic is collectively referred to as “us” or “we”), including the use of any content, information, products and/or services therein. These Terms represent a legally binding agreement between you, an individual user or a single entity (collectively or individually “Users”), we regarding your use of the droommusic Site, Users are each referred to herein individually as a “Party” or collectively as the “Parties”. When using the DROOMMUSIC Site, you will be subject to any additional posted supplemental terms or rules applicable to specific services and features which may be posted from time to time on the applicable site (the “Supplemental Terms”). All Supplemental Terms are hereby incorporated by reference into these Terms.

BEFORE USING THE DROMMSUIC SITE, PLEASE READ THE FOLLOWING TERMS CAREFULLY. BY REGISTERING FOR AND/OR ACCESSING, BROWSING, OR USING THE DROMMSUIC SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS, INCLUDING THE SUPPLEMENTAL TERMS, AND ANY FUTURE MODIFICATIONS (COLLECTIVELY, THE “TERMS”). IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY TERMINATE YOUR USE OF THE DROMMSUIC SITE.

Eligibility

In order to use the Droommusic Site, you must either be at least eighteen (18) years of age or older (or be at least
thirteen (13) years of age and possess the consent of your parent(s) and/or legal guardian), and fully able and
competent to (i) enter into the terms, conditions, obligations, affirmations, representations and warranties set forth
in these Terms; and (ii) abide by and comply with these Terms. You hereby represent that you meet the eligibility
requirements in this Section.

Privacy Notice

Your  privacy  is  important  to  us.  Please  read  the  Droommusic  Site’  Privacy  Policy  at  [insert  link]  carefully  for information relating to collection, use, and disclosure of your personal information.Modification of the Terms. We reserve the right, at our discretion, to change, modify, add, or remove portions of these  Terms,  including  the  Supplemental  Terms,  at  any  time  for  any  reason,  and  we  may  notify  you  of  such changes through any of a variety of means, including a change to the “Last Updated” date set forth above and other reasonable means to be determined in our discretion. All changes shall be effective immediately. In the event of a material change that may directly affect your account, we will use reasonable efforts to notify you via the most  recent  email  address  that  you  have  provided  to  us  in  conjunction  with  your  account.  Please  check  these Terms periodically for changes. Your continued use of the Droommusic Site after the posting of changes constitutes your binding acceptance of such changes.

Droommusic Site Access and Linking

We grants you permission to use the Droommusic Site as set forth in these Terms, provided that and for so long as (i) you use the Droommusic Site solely for your personal use; (ii) except as expressly permitted in these Terms, you do not download, reproduce, redistribute, retransmit, publish, resell, distribute, publicly display or otherwise exploit any portion of the Droommusic Site in any medium without our prior written authorization; (iii) you do not alter or modify any part of the Droommusic Site other than as may be reasonably necessary to use the Droommusic Site for their intended purposes; (iv) you do not engage in any of the prohibited uses; and (v) you otherwise fully comply with these Terms. The DROOMMUSIC Site is controlled and offered by Droommusic Pvt Ltd from its facilities in India. If you are accessing or using the Droommusic Site from other jurisdictions, you are responsible for compliance with local laws and, to the extent allowed in the jurisdiction where you are located, you waive your right to assert claims or avail yourself of protections afforded you in that jurisdiction which are not available in India as applicable.

Ownership; Proprietary Rights. General

The Droommusic Site including the content, visual interfaces, interactive features, audio, video, audio-visual material, information, graphics, design, compilation, computer code, products, software, services, proprietary information, service marks, trademarks, trade names, distinctive information (such as logos), the selection, sequence, “look and feel” and arrangement of items, and all other elements of the Droommusic Site that are owned by us, and are legally protected, without limitation, under the Indian law and regulations.  You shall not acquire any right, title, or interest to our Materials. Apps and Other Downloadable Software. If any of our Materials that we make available to you is software capable of being downloaded, then the software and all files, images and data relating to the software will be licensed to you by us. This license is a personal, limited, non-transferable, non-sublicensable, revocable license, and we reserve the right to alter or revoke the license at any time by providing notice to you. Upon receiving notice of revocation, you must destroy all copies of the software in your possession and/or residing on systems under your control. You do not own the downloaded software, and we do not transfer ownership of the software to you. We retain full ownership of, and title to, the downloaded software and all intellectual property rights related thereto. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the software to a human-perceivable form (except to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation). Software that is downloaded from the droommusic Site is subject to Indian laws.

General

The Droommusic Site may now or in the future permit you and other Users to post or link media, text, audio and video recordings, photos, graphics, commentary or other information or content ("User Content"), and to host and/or share such User Content. we make no representations that your User Content will remain available via the Droommusic Site in any way. We may remove your User Content at our sole discretion. You understand that any User Content that you post on the Droommusic Site is made publicly available to users of the Droommusic Site, and we do not guarantee any confidentiality with respect to any such User Content, nor does it guarantee that your intellectual or proprietary rights in such User Content will not be infringed or misappropriated.
Grant of Rights. You hereby grant us a worldwide, non-exclusive, fully paid-up, royalty-free, transferable license, with the right to grant and authorize sublicenses, to use, reproduce, digitize, encode, store, transmit, distribute, modify, adapt, translate, prepare derivative works of, display, perform, communicate to the public and otherwise exploit such User Content in connection with the Droommusic Site. You grant us transferees and sublicensees  the right to use the name that you submit in connection with such User Content if they choose to do so. You also hereby grant to each User of the Droommusic Site a non-exclusive license to access your User Content through the Droommusic Site, and to use, reproduce, distribute, modify, adapt, translate, prepare derivative works of, display, and perform such User Content as permitted by the functionality of the Droommusic Site and these Terms. The above licenses granted by you in User Content you submit to the Droommusic Site shall be perpetual and irrevocable, except that with respect to any User Content that you have removed or deleted while maintaining your Droommusic Site user account, or any User Content following any deactivation or deletion of your Droommusic Site user account, you may specifically notify us regarding the termination of the foregoing license from you, specifically identifying the item(s) of User Content to which such termination applies.

Your Representations and Warranties

You warrant and represent that: (i) you are eighteen (18) years of age or older, and you have your parent’s and/or legal guardian’s written consent to enter into these Terms. In connection with User Content, you affirm, represent, and/or warrant that: 
i.    you own, or have the necessary licenses, rights, consents, and permissions to use, all patent, trademark, copyright, or other proprietary rights in and to any and all User Content to enable inclusion and use of User Content in the manner contemplated by us  and these Terms, and to grant the rights and license set forth in this Section, and 
ii.    infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; 
iii.    slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or 
iv.     violate any applicable law or regulation.

Prohibited Uses of User Content

Except as otherwise permitted by these Terms, in connection with your User Content, you further agree that you will not publish, post, submit, transmit through or otherwise make available to the Droommusic Site : (i) any falsehoods or misrepresentations that could damage us or any third party; (ii) any material which is unlawful, defamatory, libellous, slanderous, pornographic, obscene, abusive, profane, vulgar, sexually explicit, threatening, harassing, harmful, hateful, racially or ethnically offensive or otherwise objectionable, or which encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or any right of privacy or publicity, or is otherwise inappropriate; (iii) advertisements and/or or solicitations of business for any products and/or services; or (iv) any material that would be harmful to minors in any manner.

Third Party Content Disclaimer

Except with respect to “Compositions” and “Recordings” (each as defined in the Supplemental Terms – Publishing Administration), the terms of service of which are governed by the Supplemental Terms – Publishing Administration, you understand that when using the Droommusic Site you will be exposed to User Content, advertising and other third party content (together, the “Third Party Content”) from a variety of sources, and that you may be exposed to Third Party Content that is inaccurate, offensive, indecent, or otherwise objectionable. We does not endorse any Third Party Content or any opinion, recommendation, or advice expressed therein. Under no circumstances will we be liable in any way for or in connection with the Third Party Content, including, but not limited to, for any inaccuracies, errors or omissions in any Third Party Content, any intellectual property infringement or misappropriation with regard to any Third Party Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise displayed or transmitted through the Droommusic Site.

Non-Monitoring of Users and Third Party Content

Except with respect to “Compositions” and “Recordings” (each as defined in the Supplemental Terms – Publishing Administration), the terms of service of which are governed by the Supplemental Terms – Publishing Administration, you understand that you, and not we, are entirely responsible for all User Content that you upload, post, email, transmit or otherwise make available through the Droommusic Site. We does not control Third Party Content posted by Users or otherwise made available by other persons or entities and does not have any obligation to monitor such Third Party Content for any purpose. You agree that you must evaluate, and bear all risks associated with, the use of any User Content or other Third Party Content, including any reliance on the accuracy, completeness, usefulness, non-infringement or legality of such User Content or other Third Party Content.

Removal of Content

Except with respect to “Compositions” and “Recordings” (each as defined in the Supplemental Terms – Publishing Administration), the terms of service of which are governed by the Supplemental Terms – Publishing Administration, we  shall have the right (but not the obligation), in their sole discretion, to refuse to post or to remove any User Content or Third Party Content that is available on the Droommusic Site, in whole or in part, at any time for any reason or no reason, with or without notice and with no liability of any kind.

Prohibited Uses of the Droommusic Site

As a condition of your use of the Droommusic Site, you hereby represent and warrant that you will not use the Droommusic Site for any purpose that is unlawful or prohibited (including, without limitation, by these Terms.
1.    Any use by you of any of the our Materials other than for your personal use is strictly prohibited. You agree not to reproduce, duplicate, copy, sell, trade, resell, distribute, or exploit any portion of the Droommusic Site, use of the Droommusic Site, access to the Droommusic Site, or Third Party Content obtained through the Droommusic Site, for any purpose other than for your personal use.
You agree not to use the Droommusic Site if you do not meet the eligibility requirements described in above.
2.    You agree not to defame, harass, abuse, threaten, stalk or defraud Users of the Droommusic Site, or collect, or attempt to collect personal information about Users or third parties without their consent.
You agree not to intentionally interfere with or damage, impair or disable the operation of the Droommusic Site or any User's enjoyment of it by any means, including but not limited to uploading or otherwise disseminating viruses, worms, spyware, adware, or other malicious code, or placing a disproportionate load on the Droommusic Site with the intended result of denying service to other Users.
3.    You agree not to remove, circumvent, disable, damage or otherwise interfere with, any security- related features of the Droommusic Site, any features that prevent or restrict the use or copying of any part of the Droommusic Site, or any features that enforce limitations on the use of the Droommusic Site.
4.    You agree not to attempt to gain unauthorized access to the Droommusic Site or any part of it, other accounts, computer systems or networks connected to the Droommusic Site or any part of it, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Droommusic Site or any activities conducted through the Droommusic Site.
5.    You agree not to obtain or attempt to obtain any materials or information through any means not intentionally made available through the Droommusic Site. You agree neither to modify the Droommusic Site in any manner or form (other than contributing User Content as enabled by the Droommusic Site functionality and in accordance with these Terms), nor to use modified versions of the Droommusic Site, including (without limitation) for the purpose of obtaining unauthorized access to the Droommusic Site.
6.    You agree that you will not use any robot, spider, scraper, or other automated means to access the Droommusic Site for any purpose without our express prior written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Droommusic Site.
7.    You agree not to utilize framing techniques to enclose any trademark, logo, or other our Materials without our express prior written consent. 
8.    You agree not to make unsolicited offers, advertisements, proposals, or send junk mail or spam to other users of the Droommusic Site. This includes, but is not limited to, unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures.
9.    You agree not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Droommusic Site or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
10.    You agree not to modify, adapt, translate, or create derivative works based upon the Droommusic Site or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
11.    You agree not to impersonate another person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
12.    Unauthorized or prohibited use of the Droommusic Site or our Materials may subject you to civil liability, criminal prosecution, or both under the Indian laws.

Account Information

In order to subscribe to services rendered hereunder and access some features of the Droommusic Site, you will have to create an account. You acknowledge, consent, and agree that we  may access, preserve, and disclose your account information and your User Content if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary to (a) comply with legal process; (b) enforce the Terms; (c) respond to any claim that your User Content violate the rights of third parties; or (d) protect the rights, property, or personal safety. You may cancel your account with us at any time by Contact-Us. We reserve the right to reject or immediately terminate your account in our sole discretion, and without prior notice to you.

Purchase of Products

When you order products, you would like to purchase from the Droommusic Site, you are making an offer to buy the ordered products on terms specified in the applicable order. Once your order has been placed, we will send you an email indicating receipt of your order. This email is only confirmation of our receipt of your order and does not constitute acceptance of your offer to buy. We reserve the right to reject any order for any reason or no reason, subject always to our compliance with applicable law. With regards to orders for physical products, your order and offer to buy is accepted when we have packaged your order and delivered it to the carrier and you will receive an email confirming that your order has been accepted when it has been delivered to the carrier. Title to the products you order, and risk of loss of those physical products, passes to you when the physical product has been delivered to the carrier.
1.    By submitting an order, you authorize us or our third party payment processor to process a charge using the credit card and other payment information you provide for purposes of authenticating your identity, validating your payment card, obtaining payment authorization and otherwise authorizing the relevant transaction. You consent to our use of any information provided by you, including personally identifiable information, to conduct anti-fraud checks at our sole discretion, and this authorization applies to use by our third party payment processor. In conducting such checks, we or our third party payment processor may disclose, and you authorize us and our third party payment processor to disclose, your information to credit reference and fraud prevention service providers, who may keep a record of the information disclosed.
2.    We does not guarantee a particular product’s immediate or continued availability. If we are unable to fulfil an order, you will be entitled to a full refund. You are responsible for inspecting your order upon receipt. Any damage to physical products occurring during shipment is the responsibility of the carrier, subject to tariff and other limitations on the carrier’s liability, if any. The carrier will not be required to obtain a signature at delivery unless you specify otherwise when placing your order.
3.    All requests for returns must be made in writing not later than fourteen (14) days after the carrier delivers your order. If your purchase is defective, we will either (a) replace the defective product with the same product or its equivalent, or (b) refund your purchase price, at our sole discretion. We may, but are not required, to accept returns for other reasons, in which case we will provide you with a replacement product or credit at our sole discretion. In order to request a return, you must submit your request to Us. If we authorize your return request, you will be provided with a return authorization code. We will not process any return without a return authorization code. Physical products must be returned in their original packaging.
4.    Prices shown on the Droommusic Site are in INR, exclusive of shipping, taxes (including CGST or SGST if any), insurance, duties and other charges imposed by third parties. All such charges will be reflected in a final summary of an order before the order is accepted.
5.    In addition to product purchases, some other aspects of the Droommusic Site may require you to pay a fee, the details of which are available in various areas of the Droommusic Site that feature the ability to purchase products, features or services. You agree to pay all fees and applicable taxes incurred by you or anyone using your account. We may revise the pricing for products, services or features offered through the Droommusic Site at any time. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable. If there is a dispute regarding payment of fees to, or products or services provided by, us, your account may be closed without warning or notice at our sole discretion. Except as otherwise set forth in any return policy or cancellation policy expressly applicable to our products, services or features, you acknowledge and agree that any applicable fees and other charges for products, services or features are not refundable in whole or in part. You are fully liable for all charges to your account, including any unauthorized charges.

Password

If you register you will be asked to provide a password. As you will be responsible for all activities that occur under your password, you should keep your password confidential. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft, or unauthorized disclosure or use of your account ID or password), you shall immediately notify us.  You are solely liable for losses incurred by you, due to any unauthorized use of your account.

Dealings with Advertisers and other Users

Your correspondence or business dealings with, or participation in promotions of advertisers and other Users found on or through the Droommusic Site is solely between you and such advertiser or User. You agree that we will not be responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such advertisers or Users on the Droommusic Site.

Service Availability

We may make changes to or discontinue any of the media, web communities, products, or services available within the Droommusic Site at any time, and without notice.

Feedback

You agree that any feedback, analysis, suggestions and comments to us provided by you (collectively, “Feedback”) will become the property of ours.

Other Agreements

You acknowledge that in providing the Services and payments hereunder, we will be required to enter into certain agreements with various third parties including, but not limited to, digital service providers and/or payment processors. The selection of these Consumer Stores shall be within the sole discretion of ours.  
We will, upon your written request, provide you with the current specifics of such requirements.
Bar Codes and Universal Product Codes. We will provide you with free bar codes and universal product codes CUPCs). These are for your use only and may not be transferred or resold. If transferred or resold.

Terms and Conditions Violations Termination

You agree that we may terminate any account (or any part thereof) you may have through the Droommusic Site or your use of the Droommusic Site, and remove and discard all or any part of your account, at any time for any reason (including without limitation your violation of these Terms), or no reason, in our sole discretion. You agree that your access to the Droommusic Site  or any account you may have, or any portion thereof, may be terminated without prior notice, and you agree that we shall not be liable to you or any third-party for any such termination.

Indemnification

Hold Harmless. You agree to indemnify and hold harmless us  and our subsidiaries, affiliates or any related companies (including those which share substantially common ownership) and the officers, directors, employees, agents and representatives of any of them from any and all claims, losses, obligations, damages, liabilities, costs debt, and expenses  arising out of (a) your use or misuse of the Droommusic Site

Accuracy

We does not warrant or make any representations regarding the use, or the results of the use of, the Droommusic Site or any reference site in terms of correctness, accuracy, reliability, or otherwise.
Harm to your Computer. You understand and agree that your using, accessing, downloading, or otherwise obtaining information, materials, or data through the Droommusic Site or any reference site is at your own discretion and risk and that you will be solely responsible for any damage to your property (including your computer system) or loss of data that results from the use or download of, or other access to, such material or data.

Limitation of Liability and Damages

Limitation of Liability. under no circumstances, and under no legal theory, including, but not limited to, negligence, shall we or our third party partners, licensors or suppliers, be liable for any special, indirect, incidental, consequential, or exemplary damages (including, without limitation, loss of profits, data, or use or cost of cover) arising out of or relating to these Terms or that result from your use of, or the inability to use, User Content on the Droommusic Site itself.

Limitation of Damages

In no event shall we or our third party partners, licensors or suppliers’ total liability to you for all damages, losses, and causes of action arising out of or relating to these terms or your use of the Droommusic Site.

Copyright Compliance

Infringement Claims. If you are a copyright owner or an agent thereof, and or other Third Party Content infringes upon your copyrights or intellectual property rights, you may submit a notification pursuant to us.

Notice And Takedown

If we receive proper notification of claimed copyright infringement, we will respond expeditiously by removing, or disabling access to, the material that is claimed to be infringing, as described below, or to be the subject of infringing activity.

Disclaimer

We are not your attorneys, and the information we present here is not legal advice. We present this information for informational purposes only. 

Miscellaneous Notice

We may provide you with notices, including those regarding changes to these Terms, by email, regular mail, or postings on the Droommusic Site. If notice is by email or mail, it will be provided to the email or regular mailing address provided by you with your account information and it is your responsibility to update such account information for any changes.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of India without giving effect to any principles of conflicts of law.

Jurisdiction

You agree that any action at law or in equity arising out of or relating to these Terms or the Droommusic Site shall be filed only in Jaipur, India

Claims

You agree that any cause of action brought by you arising out of or related to the Droommusic Site must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

Waiver

A provision of these Terms may be waived only by a written instrument executed by the Party entitled to the benefit of such provision. The failure of either Party to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
Severability. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

Assignment

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you. These Terms, and any rights and licenses granted hereunder, may be transferred or assigned by us to an affiliate of ours or to any third party, without restrictions. Any assignment attempted to be made in violation of these Terms shall be void.

No Relationship

You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or use of the Droommusic Site. You further acknowledge that by submitting User Content or other Third Party Content, no confidential, fiduciary, contractually implied or other relationship is created between you and us other than pursuant to these Terms.

Headings

The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and shall not be deemed to limit or affect any of the provisions hereof.

Entire Agreement

This is the entire agreement between you and us  relating to the subject matter herein and supersedes all previous communications, representations, understandings and agreements, either oral or written, between the parties with respect to said subject matter, excluding any Services Agreement that you may have entered into with us. These Terms shall not be modified except in writing, signed by both parties, or by a change to these Terms made by us  as set forth above.

Copyright © 2021 [DROOMUSIC ] All Rights Reserved.