indotune

1. Acceptance of Terms

By accessing or using our Services, you represent and warrant that you have the legal capacity to enter into these Terms and agree to be bound by them. If you are using our Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

2. Account Registration

To access certain features of our Services, you may be required to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for safeguarding your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized access to or use of your account.

3. Use of Services

Subject to these Terms, Indotune grants you a limited, non-exclusive, non-transferable, and revocable license to access and use our Services for the purpose of distributing your music and related content. You agree to use our Services in compliance with all applicable laws, rules, and regulations.

You agree not to:

• Use our Services for any illegal or unauthorized purpose.
• Infringe upon the intellectual property rights of others.
• Upload or distribute any content that is unlawful, defamatory, libelous, harassing, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable.
• Interfere with or disrupt the operation of our Services or the servers and networks connected to our Services.
• Attempt to gain unauthorized access to any part of our Services or any other user's account.
• Use any robot, spider, scraper, or other automated means to access our Services without our express written permission.
• Engage in any fraudulent activities, including manipulating streaming numbers or payment information.

4. Intellectual Property Rights

Your Content: You retain all rights, title, and interest in and to the music, artwork, metadata, and other content you upload or distribute through our Services ("Your Content"). By using our Services, you grant Indotune a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, modify, adapt, publicly perform, and publicly display Your Content as necessary to provide our Services, including distributing your music to digital service providers.

Indotune Content: All content and materials included on our Services, other than Your Content, including but not limited to text, graphics, logos, designs, images, audio clips, video clips, data compilations, and software (the "Indotune Content"), are owned by or licensed to Indotune and are protected by copyright, trademark, and other intellectual property laws. You may not use, reproduce, modify, distribute, or create derivative works of the Indotune Content without our express written permission.

5. Payment and Royalties

Details regarding payment terms, royalties, and payout schedules are outlined in our separate Payment Terms and Royalty Agreement, which is incorporated into these Terms by reference. You agree to review and comply with the terms of the Payment Terms and Royalty Agreement.

6. Termination

We may suspend or terminate your access to our Services at any time, with or without cause, and without prior notice or liability. Reasons for termination may include, but are not limited to, your breach of these Terms, fraudulent activity, or violation of applicable laws. You may also terminate your account at any time.

Upon termination, your right to use our Services will immediately cease. Any provisions of these Terms that by their nature should survive termination shall survive, including but not limited to Sections 4 (Intellectual Property Rights), 7 (Disclaimer of Warranties), 8 (Limitation of Liability), 9 (Indemnification), and 11 (Governing Law and Dispute Resolution).

7. Disclaimer of Warranties

OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

8. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL INDOTUNE, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, OUR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO US, IF ANY, IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.

9. Indemnification

You agree to indemnify, defend, and hold harmless Indotune, its affiliates, officers, directors, employees, agents, suppliers, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your use of or access to our Services.
• Your violation of these Terms.
• Your violation of any third-party rights, including intellectual property rights or privacy rights.
• Your Content.
• Your negligence, willful misconduct, or fraud.

10. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the Republic of India, without regard to its conflict of law principles. Any dispute arising out of or relating to these Terms or our Services shall be subject to the exclusive jurisdiction of the courts located in [Specify the city and state/union territory in India].