Terms of Use

 

This document is an electronic record as defined under the Information Technology Act, 2000 (India) and any amendments thereto. This electronic record is generated by computer and does not require any physical or digital signatures.

 

Kosmik Global Media Private Limited hereinafter referred to as “KOSMIK” also “WE”, “US” or “OUR”), a company incorporated in India under the Companies Act, 1956, owns the domain name www.kosmikmusic.com (“website” or “site”).

 

The Terms of Use (Terms of Use) and any other policies, rules, or guidelines posted by KOSMIK on this website govern your use of this website, and is a legal and binding agreement between you (“YOU” & “YOUR”) and KOSMIK. By accessing/using and/or shopping at this website, you agree to these Terms of Use and enter into a legally binding contract with KOSMIK. If you do not agree to or unable to be bound by these Terms of Use, please do not use/access this website.

 

Changes

 

We reserve the right, at our discretion and without prior notice, to add, update or revise these Terms of Use. Any revisions shall be posted on this website and it is your responsibility to read this Terms of Use carefully and periodically before using this website or purchasing any of the products or using any of the services available on or through it. Your continued use of this website, after such modifications/revisions, shall be deemed as your acceptance of the revised Terms of Use.

 

Eligibility And Registration

 

Your use of this website confirms that you are above of the age of 18 years and you are competent to enter into legally binding contracts under Indian laws. KOSMIK reserves the right to terminate your membership and refuse to provide you with access to this website for any conduct that KOSMIK considers to be inappropriate and/or for your breach of terms of this Terms of Use.

 

Your Use of this Website

 

KOSMIK grants you a limited, revocable, non-exclusive license to access and make personal non-commercial use of this website. You shall not use the website and its contents for commercial gain or modify any portion, collect and use any product listings/prices, download or copy account information for third party/ies or use any data mining robots or similar or any data gathering and extraction tools, reproduce or sell or exploit the website and its contents, without the express written consent of KOSMIK.

 

You shall not make any copies of any downloads other than for personal use. The streaming and digital media downloads provided by KOSMIK under this website are for your personal non-commercial use.

 

KOSMIK, at no cost and on a promotional basis, may provide “previews” or “samples” and streaming of complete songs/part(s) thereof or videos, which can be played/viewed directly. You are allowed to play/stream such preview/sample and complete song streams, but you shall not capture, copy or download such preview/sample or complete song stream.

 

Proprietary Rights

 

The intellectual property rights in all content included on this website, including but not limiting to music, videos, ringtones, text, graphics, copyright, trademarks and logos, button icons, images, data compilations, and software (“Content”), is the property of KOSMIK and/or its affiliates, suppliers, sponsors, licensors and is protected by national and international intellectual property law including copyright law, trademark law, and trade secret law. Unless expressly provided in this Terms of Use, KOSMIK grants no rights to you under any patents, copyrights, trademarks or trade secret information.

 

You understand that by using this website, you may be exposed to content which may be offensive or objectionable according to your individual judgment. Under no circumstances, KOSMIK and/or its affiliates, suppliers, sponsors, licensors shall be liable in any way for any such content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content made available through this website. You agree that you shall evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

 

Account Maintenance and Responsibility

 

You may purchase any products or use the services on this website, upon subscribing to the services provided under this website. You may subscribe to the services by registering with us.

 

Upon registering on this website, you represent and warrant that:

  1. You are using your actual identity;
  2. The information provided by you is true, accurate, current and complete;
  3. You will maintain and promptly update the information from time to time to keep it true, accurate, current and complete;
  4. You are responsible for maintaining the confidentiality of your account and its password, as well as for all activities that occur under your password or account; and
  5. You shall intimate KOSMIK immediately for any cancellation of a username or password due to any reason of loss, theft or unauthorised use.

 

You agree to hold and indemnify KOSMIK and/or its affiliates, suppliers, licensors and sponsors for any losses incurred/suffered due to your non-compliance with aforementioned obligations.

 

You agree and acknowledge that KOSMIK shall not be liable for any loss or damage arising out of or resulting from your failure to comply with the aforementioned obligations.

 

Non-subscribers may browse the free access pages only. However, the Terms of Use is applicable to both subscribers and non-subscribers.

 

Product Orders

 

Prices and availability of products, offers, promotions and services listed on this website are subject to change without notice. We reserve the right to alter product prices on the website to reflect any increase in the cost of the products for reasons beyond our reasonable control, this may include (but is not limited to) pricing mistakes, tax or other duty increases.

Whilst we make every effort to ensure that all prices on our website are accurate and up to date sometimes errors do occur and the prices stated are incorrect. Where the correct price is lower than the one on our website we will only charge you the lower amount. If the correct price is in fact higher than the price on our website we will either: contact you and discuss the pricing error before we proceed with your order, or notify you of the error and cancel your order. Prices online may differ from those in other stores.

The listing, description of, or reference to, a product or service on this website does not imply that the product or service is presently available or that we endorse that product or service.

 

Pricing

 

All prices for products and services on the website are exclusive of any applicable taxes in India or other jurisdictions including shipping and handling charges, if any.

KOSMIK shall not be responsible for credit card companies/banks’ charges such as service charges etc. You should enquire with your credit card company/bank for details regarding international transactions.

KOSMIK may offer discounts and promotional offers/services from time to time to subscribers and non-subscribers as may be specified. All such discounts, offers and service cannot be combined for any given transaction unless expressly specified by KOSMIK for any such transaction.

 

Restrictions

 

Some products and services listed on this website may be available for listening or purchase in selected countries. All orders for products or services are subject to prevailing law, including, as appropriate, export and import regulations and other restrictions, if any, imposed by governing bodies having jurisdiction over such orders, products or services worldwide.

 

User/Third Party Generated Content

 

All third party information, data, text, software, music, sound, photographs, graphics, video, messages or other content whether publicly or privately transmitted and/or posted are owned by such third party and is the sole responsibility of such third party. KOSMIK does not accept any responsibility for the content posted by users and/or third party.

 

Your posting or submission of any content and/or images represent that you have the requisite rights and title, or have the permission of the copyright owner to submit the same and grant licenses and sub-licenses as described in these Terms of Use. You further represent that such posting or submission does not constitute an infringement of national and/or international copyright, intellectual property, patent or trademark, trade secrets or other proprietary rights of any third party.

 

You shall indemnify, and keep KOSMIK and its affiliates indemnified, with respect to any and all claims of infringement or otherwise arising from such third party content. However, you understand and accept that any material and/or content posted or submitted by you becomes the property of KOSMIK, and that by such submission/posting, you grant KOSMIK and its affiliates a non-exclusive, free, irrevocable and perpetual right/license to use, publish, reproduce, modify, adapt, translate, distribute, transmit, synchronise, display, perform, sub-license or otherwise utilise such content and/or materials by incorporating it in any media, format or platform, whether now known or later developed.

 

All the contents of this website are only for general information or use and does not constitute any advice and should not be relied upon in making (or refraining from making) any decisions. Any specific advice or replies to queries in any part of the website is/are the personal opinion of such experts/consultants/persons, and are not subscribed to by KOSMIK.

 

User Conduct

 

You agree and acknowledge that KOSMIK does not control, edit or filter the content posted in chats, forums, bulletin boards, discussion groups or other community and publicly accessible services. KOSMIK has the right but not the obligation, to refuse or remove any content that is available on the website without any notice and/or if it violates this Terms of Use.

 

You agree not to use this website to:

  1. Upload, post, email, transmit or otherwise make available any user content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, religiously, ethnically or otherwise objectionable;
  2. Impersonate any person or entity, including, but not limited to KOSMIK’s representative agent or employee, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  3. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through this website;
  4. Pursue any activity that causes/may cause/or is likely to cause harm to minors;
  5. Upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);
  6. Upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
  7. Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, “multi-level marketing” or any other form of solicitation;
  8. Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  9. Carry out any denial of service or similar harmful attacks on any application or service;
  10. Interfere with or disrupt the website or servers or networks connected to the website, or disobey any requirements, procedures, policies or regulations of networks connected to the website;
  11. Intentionally or unintentionally violate any applicable local, state, national or international law;
  12. Collect or store personal data about other users.

 

Content Usage

 

You are authorised to use the Content only for personal, non-commercial use. Redistribution, transfer, assignment, sub-licensing or use the Content in any other manner whatsoever is not permitted.

 

Some of the Content provided through this website may be protected using security frameworks that limit your usage of the Content. You agree that you shall not violate any security components related to this website. You agree not, including to aid and/or support any third party, to reverse-engineer, circumvent, ‘hack’, disassemble or otherwise alter or interfere with any of the security components related to this website or any Content provided through it. Any such security component is an essential part of the Content and may not be removed without copyright infringement of such Content.

 

Content may also be provided in formats without any digital rights management or security component. Such Content may be used in ways reasonably necessary for personal and non-commercial use.

 

Advertisements

 

KOSMIK, at its sole discretion, may post advertisements or other materials of third parties on this website. Your correspondence or any other transaction with advertisers found on this website is solely between you and such advertisers. You agree that KOSMIK shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as a result of the presence of such advertisements on this site. Moreover, KOSMIK shall not be responsible or liable for the statements or conduct of any such advertisers on this site.

 

KOSMIK makes no claims or representations regarding the quality, content, nature or reliability of sites accessible by hyperlink from this website, or sites linking to this website and shall not be held responsible in connection therewith. Any linked sites are provided only for convenience and does not imply affiliation, endorsement or adoption by KOSMIK of the linked site or any information contained therein.

 

Termination

 

Your account or your use of this website at any time, may be terminated by you or us at anytime, without notice and for any reason whatsoever. You are personally liable for any orders that you place or charges that you incur prior to termination.

 

We may also at any time, at our sole discretion, change, suspend or discontinue the website or any services provided thereunder or any part thereof without prior notice and you agree that we shall not be liable to you or any third party for any termination of your access to the website or such services.

 

Intellectual Property Infringement

 

Except expressly provided in the website, the Content including all music, text, graphics, pictures, information, data, software, sound files are owned by KOSMIK and/or has been displayed either with the permission from their respective owners or KOSMIK believes the same to be in public domain. KOSMIK shall not liable for any infringement of intellectual property right including any copyright arising out of materials posted on or transmitted through the website, or items advertised on the website, by end users or any other third party/ies.

 

KOSMIK’s policy is to comply with all intellectual property laws and to act expeditiously upon receiving any notice of claimed infringement. If you believe that your intellectual property has been infringed upon, please provide us with the following information:

  1. a description of the intellectual property that you claim has been infringed, as well as, an explanation as to why you believe, in good faith, that the disputed use is not authorised by the intellectual property owner, its agent, or the law; and
  2. the exact location on the website of the material that you claim is infringing; and
  3. your address, telephone number, and email address; and
  4. a declaration signed by you that the above information in your notice is accurate and that you are the intellectual property owner or authorised to act on the intellectual property owner’s behalf.

 

The above-mentioned information must be sent to:

 

KOSMIK GLOBAL MEDIA PVT. LTD.

ATTN: Copyright Administration

Rutland Towers (2nd floor)

33 Shafee Mohammed Road

Chennai – 600 006

India

 

Acceptance of Privacy Policy

 

By using KOSMIK’s website and services, you signify your acceptance of the Privacy Policy. If you do not agree or are not comfortable with any policy described in the Privacy Policy, your only remedy is to discontinue the use of KOSMIK’s website. We reserve the right, to modify the Privacy Policy at any time without any prior notice to you. The Privacy Policy forms an integral part of this Terms of Use.

 

Disclaimers

 

YOU EXPRESSLY AGREE THAT USE OF THIS WEBSITE IS AT YOUR SOLE RISK. THIS WEBSITE, AND ANY CONTENT AVAILABLE ON THIS WEBSITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

 

KOSMIK AND ITS AFFILIATES DO NOT REPRESENT OR WARRANT THAT THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR THAT THIS WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; NOR DOES KOSMIK MAKES ANY REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, CURRENCY, QUALITY, PERFORMANCE OR SUITABILITY OF THIS WEBSITE OR ANY CONTENT AVAILABLE ON THIS WEBSITE.

 

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, KOSMIK AND ITS AFFILITES DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, WITH RESPECT TO THIS WEBSITE OR ANY CONTENT AVAILABLE ON THIS WEBSITE OR TO PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THIS WEBSITE.

 

ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS WEBSITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THE RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND SUPPLIERS. KOSMIK AND ITS AFFILIYES DISCLAIM ANY AND ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPLICATION.

 

THE VIEWS EXPRESSED IN ANY ARTICLE, PROPOSITION, OPINION ETC. ON THE SITE ARE VIEWS OF THE INDIVIDUAL AUTHORS AND KOSMIK DISCLAIMS ANY AND ALL LIABILITY IN THIS RESPECT, INCLUDING ANY LOSS, DAMAGE AND OFFENCE TO OR HURTING THE SENTIMENT OF ANY PERSON, ORGANISATION AND/OR THE SOCIETY IN GENERAL. THE DEPENDABILITY ON ARTICLES, PROPOSITIONS, OPINIONS ETC. BY VARIOUS AUTHORS ON THIS WEBSITE SHALL BE AT THE USERS OWN DISCRETION/RISK.

 

Limitation of Liability

 

Under no circumstances, KOSMIK or any of its affiliates, or any of its officers, directors, shareholders, employees, agents or representatives, or any other party involved in creating, producing, transmitting or distributing this website or any part thereof, shall be liable:

 

  1. For loss, injury, claim, liability or damages of any kind resulting from the use of or the inability to use the materials in the website, even if KOSMIK had been advised of the possibility of such damages and regardless of the form of action, whether in contract, tort or otherwise;
  2. For any punitive, exemplary, consequential, incidental, indirect or special damages arising from or in connection with this website or any Content, products or services made available or listed on it, whether under a theory of breach of contract, negligence, strict liability or otherwise, even if such party has been advised of the possibility of such damages;
  3. For claim attributable to errors, omission or inaccuracies in or destructive properties of any information; and
  4. For any loss or damage arising from your failure to comply with the obligations as stated in ‘Account Maintenance and Responsibility’. Any cancellation of a username or password due to any reason of loss, theft or unauthorised use should be intimated to KOSMIK immediately.

 

In the event of any product defect, your sole remedy shall be to return, at your cost, the defective product for investigation to KOSMIK. Subject to the outcome of such investigation, KOSMIK may deliver the replacement of the product to you.

 

In the event, you are not happy with content and services provided under this website, your sole and exclusive remedy is to cease the usage of this website.

 

Indemnification

 

You agree to indemnify and hold us harmless from any claim, action, demand, loss or damages (including attorneys' fees) arising out of or related to your use of this site, any purchases you make on or through this site, Content you post or transmit on this site, any violation of the terms set out in this Agreement by you, or any violation of any rights of any person or entity by you.

 

Miscellaneous

 

This Agreement and any other policies, rules or guidelines posted by KOSMIK on this website and incorporated herein by reference constitute the sole agreement between you and us relating to your use of this website and the subject matter hereof, and no representations, statements or inducements, oral or written, not contained in this Agreement shall bind either of us.

 

Any of these Terms and Conditions which are determined to be invalid or unenforceable in any jurisdiction shall be ineffective to the extent of such invalidity or unenforceability in such jurisdiction, without rendering invalid or unenforceable any of the remaining Terms and Conditions or affecting the validity or enforceability of these Terms and Conditions in any other jurisdiction. No waiver by us of any right under these Terms and Conditions will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.

 

You may not assign, transfer or delegate your rights or obligations hereunder, in whole or in part, without our prior written consent. These Terms and Conditions shall be binding upon and inure to the benefit of each of us and our respective successors and permitted assigns.

 

Any action or claim against us must be brought within one year following the date on which the claim first accrued or shall be deemed forever waived. We reserve all rights not expressly granted herein.

 

A printed version of these Terms and Conditions and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

 

Governing Law

 

This Agreement for goods/services and/or the use of services provided through www.kosmikmusic.com shall be governed by the laws of India and no other nation. The User agrees to submit to the exclusive jurisdiction of the Courts located in Chennai, India as regards any claims or matters arising under these terms & conditions.

 

Arbitration

 

Any dispute or difference between the parties hereto shall be settled by arbitration that will be subject to/governed by The Arbitration & Conciliation Act, 1996 of India, and all the provisions of that Act so far as applicable, or of any act of legislature for the time being in force and passed any modification thereof or any substitution thereof shall apply to every reference hereunder. The Arbitrator shall be appointed or nominated by KOSMIK. The language of the arbitration shall be English and the venue of arbitration shall be Chennai.

 

The Arbitrator shall have power to give interim directions and orders and also publish interim awards and award interest and costs. The courts at Chennai shall have exclusive jurisdiction in respect of any matter concerning arbitration of disputes under this agreement.

 

Contact Information

 

If you have any questions regarding this website or any requests for additional information concerning KOSMIK, please send us an email at: feedback@kosmikmusic.com

 

Or contact us at:

KOSMIK GLOBAL MEDIA PVT. LTD.

ATTN: General Manager - Operations

Rutland Towers (2nd floor)

33 Shafee Mohammed Road

Chennai – 600 006

India

 

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