Terms & Conditions
Terms & Conditions
ACCESS TO THE WEBSITE
Access and use of the Website constitutes your agreement and acceptance of all the terms and conditions stated herein.
The Company may at any time revise these terms and conditions by updating the Website. You are bound by any such revisions and should therefore periodically visit this page to review the then current terms and conditions for use of the Website to which you are bound.
The Company reserves the right to discontinue or make changes or updates with respect to the Website or the content of the Website at any time without notice. The Company reserves the right to restrict, refuse or terminate access of any person to the Website or any part thereof effective immediately without notice at any time and for any reason whatsoever at its sole discretion.
If the Company provides you with a user ID and password to enable you to access certain restricted areas of the Website or other content or services, you must ensure that that user ID and password is kept confidential. The Company may disable your user ID and password, without any prior notice at its sole discretion.
The Company may modify the Website at any time with or without notice to you, and will incur no liability for doing so.
USE OF THE SITE
In order to avail our services, you must be 18 years of age, or the age of majority in your territory or country. Our Website may be used by a minor only under the strict supervision, guidance and control of an adult who agrees to be bound by these terms and conditions. You have the option to restrict access of the Service to children below the age of 18 years which you may exercise at your discretion.
This Website is hosted in India. If you are a customer/client accessing this Website from any other region with laws or regulations governing personal data collection, use and disclosure that differ from the laws as applicable in India, then please note that you are transferring your personal data in a country having different data protection laws.
This Website is controlled and operated by the Company from its offices within the province of India. The Company makes no representation that materials in the Website are available for use in other locations and other countries.
You shall be solely responsible for all the Content uploaded by you and the consequences of submitting the Content to our Company or availing our music distribution services. You agree that the Company shall not be liable to you and/or any third party for any claims, losses, proceedings, damages and expenses arising due to exploitation and use of the said Content by the Company and/or any third party music distribution platform. For sake of clarity “Content” shall mean and include without limitation text, images, artworks, audio songs, materials, sound recordings, video material and any other audio-visual material) that you submit to our Website or provide for availing our Services or provide for any other purpose whatsoever.
You grant to us a worldwide, irrevocable, non-exclusive, sub-licensable, transferable, royalty-free licence to use, reproduce, adapt, publish, translate, transpose, download, sell, exhibit, exploit and distribute your Content in any existing or future media. You also grant to us the right to bring an action for infringement of these rights.
The represent and warrant that the Content provided by you is not illegal or unlawful, obscene, vulgar, defamatory, harms any religious sentiments, infringes any third party’s intellectual property rights including copyrights and/or any use or exploitation of the said Content is capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).
You represent and warrant that i) you shall comply with all applicable laws, rules and regulations; (ii) you have obtained all permissions and licenses and the Company and/or its third party music distribution platforms will not need to obtain or pay for any permissions or licenses for use, distribution and exploitation of the Content; (iii) the Content is original and will not infringe any third party rights; (iv) there are no claims, demands or any form of litigation pending or, to the best of your knowledge, threatened with respect to any of your Content; and (v) the Content does not contain viruses or any other programs or technology designed to disrupt or damage any software or hardware.
Notwithstanding our rights under these terms and conditions in relation to the Content provided by you, we do not undertake to monitor the submission of such Content, or the publication and exploitation of such Content.
All content (including without limitation, text, images, graphics, links and other materials) on the website is provided “as is” and “as available” without warranty of any kind, either express or implied. The Company and its partners, licensors, distributors and suppliers hereby expressly disclaim any representations and warranties of merchantability, fitness for any particular purpose, or as to the operation of this Website, the content. Neither the Company nor its partners, licensors, distributors and suppliers warrant or makes any representations that the Website will meet your requirements, the Website will be uninterrupted, timely, secure or error free or virus free or the results may be obtained from the use of the Website, including any information and materials on this Website will be correct, complete, accurate, reliable, or otherwise meet your requirements. The Company disclaims all express and implied warranties, including warranties of non-infringement.
LIMITATION OF LIABILITY & EXCLUSIONS OF LIABILITY
Your use of and browsing in the Website are at your risk. Neither the Company, nor any other party involved in creating, producing, or delivering the Website is liable for any direct, incidental, consequential, indirect, or punitive damages including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill arising out of your access to, or use of the Website. The Company also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Website or your downloading of any materials, data, text, images, video, or audio from the Website. To the extent that the Website and the services on the Website are provided free of charge, the Company shall not be liable for any loss or damage of any nature.
The limitations and exclusions of liability set out in this Section and elsewhere in these terms and conditions: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the terms and conditions or in relation to the subject matter of the terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
Notwithstanding what is stated herein, in no case shall the Company be liable to you in respect of any losses arising out of any event or events beyond the Company’s reasonable control.
The Company shall not be liable to you in respect of any loss or corruption of any data, database or software.
Due to the high data volume received from the stores and our partners, our servers are limited to storing data for the last six months only at any given time. By accepting the Terms & Conditions you acknowledge that ST Digital shall not be held responsible for data requested by you or your partners which are beyond six months at any given time.
If you live in a country or state that does not allow any of the foregoing exclusions or limitations of liability or any of the disclaimers or warranties as mentioned hereinabove, such exceptions or limitations will not apply to you but only to the extent such exclusions or limitations are not allowed. In such case, such exclusions or limitations shall be limited to the extent required by applicable law.
Nothing in these terms and conditions will: (a) limit or exclude your liability for fraud or fraudulent misrepresentation; (b) limit any of your liabilities in any way that is not permitted under applicable law; or (c) exclude any of your liabilities that may not be excluded under applicable law.
THIRD PARTY SERVICES
COPYRIGHTS AND TRADEMARKS
The trademarks, logos, and service marks (collectively the "Trademarks") displayed on the Website are registered and unregistered Trademarks of the Company and others. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Website without the written permission of the Company or such third party that may own the Trademarks displayed on the Website. Your misuse of the Trademarks displayed on the Website, or any other content on the Website, is strictly prohibited. You are also advised that the Company will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
You agree to indemnify and hold harmless the Company, the music distribution platforms and their partners, directors, officers, employees, successors in interest, subsidiaries and affiliates, harmless from and against, any and all demands, loss, liability, claims, expenses and proceedings (including attorney’s fees), including but not limited to, arising out of or in connection with your use of the website, breach or alleged breach of any of the terms and conditions stated herein and the agreement for music distribution services and/or claims arising due to infringement of any third party rights. Further, you hereby agree to withdraw at its own costs and expenses any and all complaints, petitions, suits, notices, claims and cases initiated against the us and/or the music distribution platforms, due to use and exploitation of the Content.
The Company reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with the Company’s defence of such claim. Without prejudice to all other rights and contentions available to the Company in law and equity, the Company may seek additional damages from you for breach of any of the terms and conditions stated herein.
The Company may suspend or terminate your use of the Website at its sole discretion, without providing any notice, if it believes that you have breached any terms and conditions stated herein.
The terms and conditions stated herein shall survive indefinitely unless and until the Company chooses to terminate them.
On termination, the Company may delete any Content or other materials relating to your use of the Website, on the servers of the Company or otherwise in its possession.
Notwithstanding what is stated herein, the Company may at anytime without notice remove material that the Company believes in good faith or upon notice from any intellectual property right owner, infringes the right of any third party.
CLAIMS FOR INTELLECTUAL PROPERTY RIGHT
If you believe that any Content made available on or through our Website or services infringes your intellectual property rights (“Infringing Content”) then kindly sent a notification with respect to the same addressed to ST Digital LLP at email :email@example.com along with your details, the details of the Content and substantial documents to prove your claim.
Notwithstanding what is stated herein, at no time the Company shall be liable or obligated, to provide/submit to you, reports received from any music distribution platforms with respect to any Infringing Content and/or revenue earned from use or exploitation of the same.
These terms and conditions are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms and conditions is not subject to the consent of any third party.
We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions. Any act by you in contravention to this clause shall be considered as null and void.
The terms and conditions stated herein shall be governed by, construed and enforced in accordance with the laws of India. Any action you, any third party or the Company brings to enforce these terms or in connection with any matters related to this Website or any Content provided by you, the same shall be subject to the exclusive jurisdiction of the courts of Mumbai, and you expressly consent to the jurisdiction of said courts.
By submitting our webform, you agree to receive promotional calls on the number shared, and such calls and SMS would be coming from a third party platform.