Terms & Use

Enrollment in the Service:

To avail the Service as a validly registered user, you may need to register on our website and/or on the Software.

Registration may involve setting up a profile, connecting with your social networking accounts (such as Facebook), and providing your Mobile Subscriber Integrated Services Digital Network-Number (MSISDN), username, password, name, and other personally identifiable information.

You are responsible for ensuring that all provided information is correct and accurate.

You must ensure the protection and confidentiality of your username, passwords, or account/profile.

MU PLAY's privacy policy governs the use, storage, and protection of any sensitive information provided by you.

You must be of the required age under applicable law, guideline, or policy to use/register for the Service.

MU PLAY will not be responsible for any unauthorized, unlawful, or illegal use of the Service, Software, or Content by any user or other person who is not a valid user.

Service Access and Usage:

The Service allows Users to sample, download, and/or stream certain media and content (Content) provided by MU PLAY.

Content may be offered on a subscription basis and/or as payment per download, subject to limitations provided herein.

Subscription and/or download ability may be restricted by territory at MU PLAY's discretion.

The method of providing Content and the terms for registration, access, and use of the Services are subject to change at MU PLAY's discretion without advance notice.

Access to and use of the Service may be internet-based. Users are responsible for obtaining Internet connectivity and paying associated fees.

Users must procure all necessary equipment to access the Internet and use the Service, including compatible devices and internet access services.

MU PLAY may access your MSISDN through the operator or request you to enter your details along with the mobile number.

Users may access Services from Social Networking Sites (SNS) such as Facebook, subject to certain permissions and settings.

Users are responsible for maintaining the privacy and security of SNS accounts, as MU PLAY does not control such accounts.

Users agree to provide correct and accurate credit/debit card details for availing Services, and MU PLAY will not be liable for any fraudulent card use.

All information collected by MU PLAY is governed by its Privacy Policy.

MU PLAY will not be responsible for any transactions made using the Service, and all claims/complaints for failed or incorrect transactions must be directed to payment processing partners and/or banks.

Data Processing and Sharing:

MU PLAY may conduct internal auditing, data analysis, and research to improve products and services.

Personal data may be shared with MU PLAY's affiliates and group companies for the aforementioned purposes, with affiliates having the right to combine such data with other information.

Music Content:

Technological and Use Limitation:

MU PLAY will make reasonable efforts to keep the Software and Service operational. However, certain technical difficulties, routine maintenance/upgrades, and any other event outside the control of MU PLAY may, from time to time, result in temporary service interruptions. MU PLAY also reserves the right at any time and from any time to modify or discontinue, temporarily or permanently, functions of the Software/Service with or without notice. You agree that MU PLAY shall not be liable to you or any third party for any direct or indirect consequences of any modification, suspension, discontinuance of or interruption to the Service.

By enrolling in and/or using the Service, you acknowledge and agree that you have no right to provide the Content and any materials obtained through the Service to any other party through any means. You may only retain one copy of the downloaded Content and any materials obtained through the download portion of the Service for your personal use. You understand and agree that any material obtained through the streaming portion of the Service to your device is solely intended for real-time listening and viewing and not intended for copy, storage, or permanent download even for your personal use.

Automated Systems and Misuse:

You will not try to download or make copies of any streaming Content through any means on any device for any reason. The Service is designed for personal sampling and use. You are not allowed to use any automated system for the selection, downloading, or streaming of any portion of the Content. You may not use any method or technology to record, capture, or otherwise copy and/or reproduce any file obtained through the streaming portion of the Service. You may not use any script or other mechanism to collect, scrape, or gather any information or data from the Service.

Conduct and Compliance:

In the event MU PLAY determines, in its sole discretion, that you are in breach of this clause, it may terminate your access to the Services and take such measures available in contract, law, and equity that it may deem appropriate. You agree that you are not allowed to gain access to or use the account, MSISDN, or device of any other person for using the Content in any manner. You will also not gather information and data on any other person's use of the Service for any reason.

Legal Compliance and Security:

You agree to comply with all local, state, federal laws, statutes, rules, and regulations, as well as any international treaties, which are applicable to your use of the Service. You are prohibited from violating or attempting to violate the security of the Service, including, without limitation, accessing data not intended for you or logging onto a processor, communications or access device or account which you are not authorized to access, attempting to probe, scan, or test the vulnerability of the Service/Software, attempting to interfere with or disrupt the Service or service to any user, processor, host, or network, sending unsolicited e-mails or other information, including promotions or advertising.

Rights and Restrictions:

MU PLAY reserves the right to remove any content from the Service and/or put in place any number and manner of restrictions on the access or use of such content. You will have no claims whatsoever against MU PLAY for placing such restrictions or removing any Content with or without notice.

Agreement Compliance and Termination:

You agree to abide by the rules and policies established from time to time by MU PLAY. MU PLAY reserves the right to immediately and permanently terminate your access to the Service if MU PLAY believes that you are violating any of the limitations listed in this section.

Pre-download Music Service:

The Service includes the ability for you to purchase music downloads independently from any music subscription Service. By registering for such Pre-download Music Service, you agree that you will pay all fees and charges accrued by or in connection with your MSISDN/device for the music Service (including any applicable purchase price, taxes, and late fees) at the rates in effect when the charges were incurred, and that MU PLAY may charge the method of payment designated during the registration process. All fees and charges are nonrefundable. All sales are final. If you want to designate a different credit card or there is a change in credit card validity or expiration date, or if you believe someone has accessed the Pre-download Music Service using your MSISDN/device without your authorization, you must contact MU PLAY immediately at contact@muplay.com.

Payment Responsibility and Changes:

YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING MU PLAY WITH A VALID METHOD OF PAYMENT FOR PAYMENT OF ALL FEES. MU PLAY RESERVES THE RIGHT, AT ANY TIME, TO CHANGE PURCHASE PRICES ON ITS PRE-DOWNLOAD MUSIC SERVICE. MU PLAY DOES NOT PROVIDE PRICE PROTECTION OR REFUNDS IN THE EVENT OF A PRICE REDUCTION OR PROMOTIONAL OFFERING.

Download Errors and Customer Support:

In the event you purchased a track or album on the Pre-download Music Service but it fails to download completely, MU PLAY may allow you to retry the download by clicking the 'retry download' button on the album page. In any other event of technical errors when downloading a track or album, please contact Customer Service by sending an email to muplayentertainment@gmail.com.

Billing & Payments:

All billing and payment for your use of the Service (whether subscription and/or per download), Software, and/or Content shall be as per the existing policies of MU PLAY, subject to change from time to time. You acknowledge and understand that MU PLAY may use third-party partners and gateways for processing any payments from you. MU PLAY does not control such partners and gateways, and any transactions through them will be subject to separate terms and conditions of such third parties/gateways. Any personal or sensitive information that you provide in relation to such billing and payment shall be subject to MU PLAY's Privacy Notice and/or the policies of such third-party partners/gateways, as the case may be. MU PLAY will not be responsible for the protection and privacy of your information if the payments are processed directly by such third-party partners/gateways without any involvement of MU PLAY in the processing of the payment other than providing necessary access.

Advertising:

The Service or MU PLAY's website may contain advertising content from MU PLAY or any other third party. MU PLAY does not take any responsibility for any such third-party advertising materials and will not be liable for any of your actions, purchases, or losses that you may suffer in relation to or as a result of any such advertising.

Termination/Cancellation:

We may terminate this Agreement, restrict, suspend, or terminate your use of the Service immediately and without notice or liability if you violate, breach, or fail to comply with this Agreement in any way, and it will not limit any other rights or remedies which are available to us. Termination of this Agreement by MU PLAY shall not relieve you of any obligations to pay accrued charges, including any prorated charges accrued for the billing cycle in which this Agreement is terminated, or any other outstanding amounts for your use of the Service, Software, or Content. Without limitation to any other provisions hereof regarding termination, we reserve the right to terminate your use of the Service for any or no reason upon reasonable notice.

Intellectual Property Rights:

You will not violate the copyright and any other intellectual property rights in the Content, Software, and Service by any means for any purpose. The Service, Software, or Content may contain third-party materials, software, code, script, or other materials licensed by MU PLAY from such third parties. You acknowledge that such third parties retain ownership and all rights in such materials, and you will not infringe the rights of any such third parties in any manner, including without limitation, reverse engineering, decompiling, disassembling, or otherwise tampering with such materials.

The Content, Software, and the Service are protected by copyright, trade dress, patent, trademark, and other laws, international conventions, and proprietary rights, and all ownership rights to them remain with (as the case may be) the relevant third parties or MU PLAY, or their licensors or suppliers. Only you may access the Service using your MSISDN/device. The content available through the Service is the property of MU PLAY or its licensors and is protected by copyright and other intellectual property laws. Content received through the Service may be viewed, used, and played for your personal, non-commercial use only. You agree not to reproduce, retransmit, distribute, disseminate, sell, broadcast, perform, make available to third parties, or circulate the content received through the Service to anyone or to exploit any such content for commercial or noncommercial purposes without the express prior written consent of MU PLAY.

You further agree not to make use of the Content in a manner that would infringe the copyright therein. You acknowledge that MU PLAY retains exclusive ownership of the Service and all intellectual property rights associated therewith. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trade secrets, or trademarks with respect to the Service or the Content, and MU PLAY reserves all rights not expressly granted hereunder.

You shall promptly notify MU PLAY in writing upon your discovery of any unauthorized use or infringement of the Service (or the Content) or MU PLAY's patent, copyright, trade secret, trademarks, or other intellectual property rights. The Service contains proprietary and confidential information that is protected by copyright laws and international treaty provisions. You will not create any derivative works of whatever kind or nature of the Software or any Content without the prior written consent of the relevant third party and/or MU PLAY (as applicable), even if such derivative works are not meant for commercial use.

By posting messages, submitting reviews, inputting data, suggesting playlists, suggesting ideas, or engaging in any other form of communication through the Service (collectively referred to herein as 'User Material'), you are not forfeiting any ownership rights in such User Material, and you continue to retain all of the same ownership rights.

By submitting or posting User Material, you irrevocably grant MU PLAY a perpetual, fully-paid, royalty-free, sublicensable, transferable license to use, display, reproduce, distribute, modify, delete from, add to, prepare derivative works of, publish any such content and all intellectual property rights associated therewith, through the world in any media formats and any media channel now known or hereinafter devised for any promotional or commercial purposes, during the full term of copyright and all renewals and extensions thereof, without any obligation to make any payment to you or others or to give you credit. In the event MU PLAY decides to give you credit, at MU PLAY's sole discretion, you further grant MU PLAY the right to use your name and likeness under the license contained in this paragraph in association with your User Material and the promotion and advertising thereof. You also waive any right to inspect or approve any final product.

By submitting or posting the User Material, you represent and warrant that you own the User Material. You also represent and warrant that the posting of your User Material does not violate any right of any party, including privacy rights, publicity rights, and intellectual property rights. By submitting or posting the User Material, you agree that your submission of the User Material does not in any way implicate you as an employee, agent, or partner of MU PLAY.

You also agree to comply with MU PLAY's community rules. By submitting or posting the User Material, you further forever release and discharge MU PLAY, its affiliates, advertising agency, successors, assigns and their respective officers, employees, agents from any and all claims, actions, and demands arising out of, or in connection with, the use of your User Materials, your name and biographical data, including, without limitation, any and all claims for invasion of privacy and libel.

This release shall inure to the benefit of the assigns, licensees, and legal representatives of MU PLAY. You warrant that any User Materials will not contain any material that is obscene, defamatory/libelous to any party (including MU PLAY or its Affiliates and any of the Content providers), or in violation of any applicable public interest, privacy, and other codes, guidelines, and laws.

Third Party Sites and Information:

Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties, and which may contain references to information, software, materials, products, and/or services provided by the third party. These third-party sites may contain information which some people consider inappropriate or offensive. You acknowledge that these third-party sites are beyond our control, and we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is undertaken at your own risk and is subject to the terms of use and privacy policies of each site.

We include third-party links or references merely as a convenience to our users, and we do not endorse nor assume any liability for the third-party websites, services, or products. Our website may include User Material which may be objectionable, unlawful, inaccurate, or inappropriate. MU PLAY does not endorse any User Material, and User Material does not reflect the opinions or policies of MU PLAY. We reserve the right, but have no obligation, to monitor User Material and to restrict or remove User Material that we determine, in our sole discretion, is inappropriate or for any other reason. In no event does MU PLAY assume any responsibility or liability whatsoever for any User Material, and you agree to waive any legal or equitable rights or remedies you may have against MU PLAY with respect to such User Material. Please report inappropriate User Material by emailing us at muplayentertainment@gmail.com.

Disclaimer of Warranties:

You agree that using and accessing the Service is solely at your own risk. The Service is provided on an 'as is' and 'as available' basis. We do not make any representations or warranties regarding the Service, the Software, or the services offered through the Software, whether express, implied, or statutory. This includes implied warranties of merchantability, fitness for a particular purpose, title, noninfringement of third party rights, or any warranties arising by course of dealing or custom of trade. We do not guarantee that any material, content, software, or services displayed on or offered through the Service are accurate, complete, appropriate, reliable, or timely. Additionally, we do not assure that the Service will meet your requirements or that your access to and use of the Service will be uninterrupted, error-free, secure, or free of viruses, malicious code, or other harmful components.

Limitation of Liability:

To the maximum extent permitted by applicable law, MU PLAY, its licensors, suppliers, partners, affiliates, or third-party service providers shall not be liable to you or any third party for any direct, indirect, incidental, special, exemplary, punitive, or consequential damages. This includes damages for loss of profits, revenues, data, or business, or for any other form of damages arising out of or in connection with this Agreement or your use of the Service. Regardless of the form of action or the basis of the claim (including negligence), MU PLAY shall not be liable for any damages, even if we have been advised of the possibility of such damages.

Indemnity:

You agree to defend, indemnify and hold us harmless against any losses, expenses, costs or damages (including our reasonable attorneys' fees, expert fees' and other reasonable costs of litigation or proceedings) arising from, incurred as a result of, or in any manner related to any claim or action based upon (a) your breach of, or failure to comply with, the terms and conditions of this Agreement, and including infringement of the copyright or any intellectual property right in the Content, Software or Services, (b) your use of the Service, and/or (c) the use of the Service by any other person using your MSISDN and/or device. We may, in our discretion, participate in the defense of any such claim or action and any negotiations for its settlement or compromise. No settlement which may adversely affect our rights or obligations shall be made without our prior written approval. We reserve the right, at our own expense and on notice to you, to assume exclusive defense and control of any such claim or action and then your corresponding indemnification obligation will end.

Choice Of Law and Consent To Jurisdiction:

This Agreement is governed by the laws of India, without regard to its conflicts of law provisions; and you hereby consent to the exclusive jurisdiction of courts in Uttarakhand Dehradun, India with respect to all disputes arising out of or relating to the Service. In addition, you hereby consent to the exclusive jurisdiction of and venue in such courts for any action commenced by you against us (or our affiliates).

Other Important Provisions:

Use of the Service is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this Section. You shall not use the Service in any manner contrary to local, state or national law. MU PLAY expressly disclaims any and all responsibility or liability for any action by you that is contrary to such law(s) by you and reserves the right to terminate your Service immediately upon notice of your failure to comply with any such local, state or national law.

Our performance of this Agreement is subject to existing laws and legal process and the policies and business decisions of MU PLAY, and nothing contained in this Agreement is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by us with respect to such use.

If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.

No failure or delay in enforcing any provision, exercising any option or requiring performance, shall be construed to be a waiver of that or any other right in connection with this Agreement. You may not assign your rights under this Agreement without our prior written permission and any attempt by you to do so shall be void from inception.

This Agreement, together with our Privacy Policy and any other rules, regulations, procedures and policies which we refer to and which are hereby incorporated herein by this reference, constitutes the entire agreement between you and us with respect to the Service and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the Service.

Any provision which must survive in order to allow us to enforce its meaning shall survive the termination of this Agreement.

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

Please visit these terms of use regularly to stay updated on the currently applicable terms for your use of the Service, Software and Content.

MUPLAY ENTERTAINMENT (OPC) PRIVATE LIMITED

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This disclaimer/terms of service notification is subject to change without notice.