FutureSounds Terms of Service (“Agreement”)
This stuff is pretty important so we recommend you read it thoroughly and don’t skip any parts as it may effect you later on.
Welcome to FutureSounds.in. FutureSounds.in and its affiliates provide access to the FutureSounds.in website (the “website”) and sell our products to you subject to the conditions set out on this page.
THIS FUTURESOUNDS.IN MUSIC SERVICE AGREEMENT (“AGREEMENT”) IS AN AGREEMENT BETWEEN YOU (“YOU,” “YOUR” OR “YOURSELF”), AS THE END USER, AND FUTURESOUNDS.IN (“OUR,” “US,” “WE” OR “FUTURESOUNDS.IN”), WHICH GOVERNS YOUR USE OF THE OUR INTERNET-BASED MUSIC SERVICE (“SERVICE”) TOGETHER WITH ALL INFORMATION, CONTENT, PRODUCTS, MATERIALS AND SERVICES MADE AVAILABLE TO YOU THROUGH THE SAME BY US AND/OR THIRD PARTIES (COLLECTIVELY, “THE SERVICE”). PLEASE READ THIS AGREEMENT CAREFULLY PRIOR TO USING THE SERVICE. BY REGISTERING FOR, USING OR OTHERWISE ACCESSING THE SERVICE, OR ANY COMPONENT THEREOF, IN ANY MANNER WHATSOEVER, YOU ARE CONSENTING TO BECOME A PARTY TO THIS AGREEMENT AND AGREEING TO BE BOUND BY AND COMPLY WITH THE TERMS AND CONDITIONS HEREIN. THE SERVICE IS OFFERED AND MADE AVAILABLE ONLY TO USERS 18 YEARS OF AGE OR OLDER. IF YOU ARE NOT YET 18 YEARS OLD, PLEASE DISCONTINUE USING THE SERVICE IMMEDIATELY, OR IF, FOR ANY REASON, YOU DO NOT ACCEPT AND AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE DISCONTINUE THE REGISTRATION PROCESS AND DO NOT ACCESS OR USE THE SERVICE IN ANY MANNER.
1. Conditions Relating to Your Use of FutureSounds.in
1.1 HOW THESE TERMS APPLY TO THE SALE OF PRODUCTS
- Digital downloads of audio products to your computer or mobile;
- Digital downloads of video products to your computer or mobile;
- Streaming of video or audio products via this site
(the “Digital Products”)
These terms do not apply to the sale of:
- Merchandise (i.e. T-shirts, books, posters);
- Gift vouchers; and/or
- Event tickets
2. Your Account
If you use the website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering. You can access and update much of the information you provided us with in the Your Account area of the website.
FutureSounds.in reserves the right to refuse access to the website, terminate accounts, remove or edit content, or cancel orders at our discretion. If we cancel an order, it will be without charge to you.
Please review our Privacy Notice, which also governs your visit to FutureSounds.in, to understand our practices.
4. Access to FutureSounds.in
We will do our utmost to ensure that availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.
5. Licence for website access
FutureSounds.in grants you a limited licence to access and make personal use of this website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of FutureSounds.in. This licence does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.
You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of FutureSounds.in and its affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilising FutureSounds.in’s or its affiliates’ names or trademarks without the express written consent of FutureSounds.in. Any unauthorised use terminates the permission or license granted by FutureSounds.in.
You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the Welcome page of FutureSounds.in as long as the link does not portray FutureSounds.in, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any FutureSounds.in logo or other proprietary graphic or trademark as part of the link without our express written consent.
6. Your conduct
You must not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way.
You understand that you, and not FutureSounds.in, are responsible for all electronic communications and content sent from your computer to us and you must use the website for lawful purposes only.
You must not use the website for any of the following:
- for fraudulent purposes, or in connection with a criminal offence or other unlawful activity
- to send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties; or objectionable; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any “spam”
- to cause annoyance, inconvenience or needless anxiety
7. Reviews, comments, communications and other content
Users of this website may post reviews, comments and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content. FutureSounds.in reserves the right (but not the obligation) to remove or edit any content.
If you do post content or submit material, and unless we indicate otherwise, you
(a) grant FutureSounds.in and its affiliates a non-exclusive, royalty-free and fully sublicensable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; and
(b) FutureSounds.in and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose.
You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to FutureSounds.in, including the execution of deeds and documents, at the request of FutureSounds.in.
You represent and warrant that you own or otherwise control all of the rights to the content that you post; that, as at the date that the content or material is submitted to FutureSounds.in: (i) the content and material is accurate; (ii) use of the content and material you supply does not breach any applicable FutureSounds.in policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory). You agree to indemnify FutureSounds.in and its affiliates for all claims brought by a third party against FutureSounds.in or its affiliates arising out of or in connection with a breach of any of these warranties.
8. Defamation claims
Because FutureSounds.in lists many products for sale on the website and hosts many thousands of comments, it is not possible for us to be aware of the contents of each product listed for sale, or each comment or review that is displayed. Accordingly, FutureSounds.in operates on a “notice and takedown” basis. If you believe that any content on, or advertised for sale on, the website contains a defamatory statement, please notify us immediately.
Once this procedure has been followed, FutureSounds.in will make all reasonable endeavours to remove the defamatory content complained about within a reasonable time.
9. Copyright, authors’ rights and database rights
All content included on the website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of FutureSounds.in, its affiliates or its content suppliers and is protected by Indian and international copyright, author’s rights and database right laws. The compilation of all content on this website is the exclusive property of FutureSounds.in and its affiliates and is protected by Indian and international copyright and database right laws. All software used on this website is the property of FutureSounds.in, our affiliates or our software suppliers and is protected by Indian and international copyright and author’s rights laws.
You may not systematically extract and/or re-utilise parts of the contents of the website without FutureSounds.in’s express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this website, without FutureSounds.in’s express written consent. You also may not create and/or publish your own database that features substantial (e.g. our prices and product listings) parts of this website without FutureSounds.in’s express written consent.
10. Copyright claims
FutureSounds.in and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify us immediately.
FUTURESOUNDS.IN, FUTURESOUNDS.IN MUSIC and other marks indicated on our website are trademarks or registered trademarks of FUTURESOUNDS.IN or its subsidiaries (collectively “FUTURESOUNDS.IN”), in all jurisdictions. FutureSounds.in’s graphics, logos, page headers, button icons, scripts and service names are the trademarks or trade dress of FUTURESOUNDS.IN. FUTURESOUNDS.IN’s trademarks and trade dress may not be used in connection with any product or service that is not FUTURESOUNDS.IN’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits FUTURESOUNDS.IN.
All other trademarks not owned by FUTURESOUNDS.IN that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by FUTURESOUNDS.IN.
Conditions Relating to the Sale of Products to You
This section deals with conditions relating to the sale of products by FutureSounds.in to you.
12. Our contract
When you place an order to purchase a product from FutureSounds.in, we will send you an e-mail confirming receipt of your order and containing the details of your order. Your order represents an offer to us to purchase a product which is accepted by us when we send e-mail confirmation to you that order is confirmed. That acceptance will be complete at the time we send the Order Complete Confirmation E-mail to you. Any products on the same order which we have not confirmed in an Order Complete Confirmation E-mail do not form part of that contract.
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. You may terminate this Agreement by providing us with written notice of your termination and ceasing to use Service. Termination is your sole right and exclusive remedy if you are not satisfied with the Service. Upon the effective date of any such termination, your right to use the Service shall immediately cease.
FutureSounds.in does not offer any refund if for any reason the transaction fails or there is a technical problem due to which the download could not be completed. FutureSounds.in will endeavour to resolve the issue by all means to ensure a 100% customer satisfaction.
Conditions Relating to Both Your Use of FutureSounds.in and Sales to You
15. DIGITAL PRODUCTS
- 15.1 – We provide the digital service on this site which allows you to access, stream or purchase permanent downloads of Digital Products (including information related to these products and associated artwork). In order to download the Digital Products we recommend you use a download manager for uninterrupted transfer.
- 15.2 – All Digital Products available through this site are owned or controlled by us, our group companies or our licensors and are protected by intellectual property rights.
- 15.3 – Any streaming or use of Digital Products purchased through this site are for your own personal, non-commercial use only. Upon payment of the price of the Digital Product we grant you a non exclusive, non-transferable licence to use the Digital Product for your own personal, non-commercial use in accordance with these terms of sale.
- 15.4 – You agree that you will not redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, sub-license or transfer any Digital Products available through this site (whether the same are available as streams and/or permanent downloads). Nothing in these terms of sale grants to you any rights other than those expressly set out herein. These terms do not grant to you any rights in relation to the synchronisation, public performance, promotional use, commercial sale, resale, reproduction, distribution or commercial exploitation of any Digital Product.
- 15.5 – We will be entitled to obtain injunctive relief against you, in addition to all other remedies that we may have, to enforce these terms of sale and to prevent your unauthorised use of this site, and/or Digital Products.
- 15.6 – You are responsible for ensuring that you do not lose, destroy, or damage any Digital Product you purchase through this site. We shall not be obliged to replace any Digital Product in the event of any loss, destruction, or damage not caused by our negligence.
- 15.7 – You are able to download the same track or album up to 3 times over a 1 month period, should you exceed this limit please email [email protected] and we will be able to assist you further.
- 15.8 – We reserve the right to introduce and/or change usage rules limiting the number of times any permanent download of a Digital Product may be burned to disc or transferred to any other media including to portable players. We may do this in relation to any and/or all of the Digital Products available as permanent downloads from time to time via this site.
- 15.9 – In any event if you burn any permanent download of a Digital Product to disc or transfer it to a portable device you agree not to further copy, distribute or transfer the permanent download from that disc or portable device.
- 15.10 – Watermarking To prevent unauthorised use, Digital Products may carry a digital watermark that allows us to identify the origin of the Digital Product and track any subsequent unauthorised transfer. You agree to not attempt to remove the watermark or circumvent the security technology in any way. Streaming
- 15.11 – We grant to you a non-exclusive, non-transferable right to access streams of Digital Products made available by us on this site solely for your personal, non-commercial use. Such use shall be subject always to these terms of sale.
- 15.12 – You may not in relation to any Digital Products available as streams through this site:
- store, copy, “rip”, reproduce, transfer or burn to disc or attempt or employ any technology with a view to attempting to do the same;
- circumvent, attempt to circumvent or employ any technology with a view to attempting to circumvent any technology used by us to protect Digital Products available as streams through this site.
16. PLACING AN ORDER AND HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
- 16.1 – After placing an order for a Digital Product via our site, you will receive an on screen message and e-mail from us setting out the details of your order and acknowledging that we have received your order.
- 16.2 – The contract for the purchase of any Digital Product will be between you and us and will only be formed when we make the Digital Product available for download and we have received payment in full for the Digital Product. Until we make the Digital Product available for download and receive payment in full there is no contract between you and us for the Digital Products. We reserve the right, in our sole discretion to reject any order we receive.
17. PRICE AND PAYMENT
- 17.1 – We shall determine in our discretion from time to time whether and which Digital Products are to be made available free of charge, on payment by you of the relevant price or in return for some other consideration (for example by signing up to an artist mailing list).
- 17.2 – For the most part you will not have to pay to access Digital Products available by way of streaming on the site. Where Digital Products are made available by way of free of charge streaming we may place advertising, sponsorship or other endorsements in and around the streaming player. By accessing any stream you agree that advertising may be featured in and around such stream in any manner which we determine in our discretion.
- 17.3 – We use our best efforts to ensure the prices of Digital Products displayed on our site are correct. However, our site contains a number of Digital Products and it is always possible that, despite our best efforts, some of the Digital Products listed on our site may be incorrectly priced. If a Digital Product’s correct price is higher than the price stated on our site at the time you placed your order and we have not yet taken payment and made the Digital Product available for download we will normally, at our discretion, either contact you for instructions before making the Digital Product available for download (ie to confirm your order and that you wish to proceed at the correct price), or reject your order and notify you of such rejection.
- 17.4 – We are under no obligation to provide the Digital Product to you at the incorrect (lower) price if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a pricing mistake. We reserve the right to withdraw from any contract for Digital Products in the case of obvious and unmistakable pricing errors.
- 17.5 – Prices for Digital Products are liable to change at any time, but changes will not affect orders in respect of which we have already taken payment and made the download available.
- 17.6 – NOTE THAT IF YOU ARE DOWNLOADING THE DIGITAL PRODUCTS TO A MOBILE/COMPUTER SOME NETWORK/SERVICE PROVIDERS MAY CHARGE YOU AN ADDITIONAL AMOUNT FOR THIS SERVICE. WE RECOMMEND YOU CONTACT YOUR NETWORK/SERVICE PROVIDER TO UNDERSTAND THE NATURE AND EXTENT OF ANY ADDITIONAL CHARGES BEFORE SELECTING THE DOWNLOAD TO MOBILE OPTION.
FutureSounds.in does not sell products for purchase by children. We sell children’s products for purchase by adults. If you are under 18, you may use FutureSounds.in only with the involvement of a parent or guardian.
19. Electronic Communications
When you visit FutureSounds.in or send e-mails to us, you are communicating with us electronically. We communicate with you by e-mail or by posting notices on the website. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
20. Third Party Web Sites
You may be able to link from the Web Site to third party web sites and third party web sites may link to the Web Site (“Linked Sites”). You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites, even if they are owned or run by affiliates of ours. Links to Linked Sites do not constitute an endorsement or sponsorship by us of such web sites or the information, content, products, services, advertising, code or other materials presented on or through such web sites. The inclusion of any link to such sites on our Site does not imply FutureSounds.in’s endorsement, sponsorship, or recommendation of that site. FutureSounds.in disclaims any liability for links (1) from another web site to this Web Site and (2) to another web site from this Web Site. FutureSounds.in cannot guarantee the standards of any web site to which links are provided on this Web Site nor shall FutureSounds.in be held responsible for the contents of such sites, or any subsequent links. FutureSounds.in does not represent or warrant that the contents of any third party web site are accurate or compliant with copyright or other intellectual property laws. Also, FutureSounds.in is not responsible for or any form of transmission received from any linked web site. Any reliance on the contents of a third party web site is done at your own risk and you assume all responsibilities and consequences resulting from such reliance.
21. Advertising Material
Part of the Site will contain advertising and other material submitted to FutureSounds.in by third parties. Advertisers are responsible for ensuring that material submitted for inclusion on the Site complies with applicable International and National law. FutureSounds.in will not be responsible for any advertiser’s claim, error, omission or inaccuracy in advertising material, and reserves the right to omit, suspend or change the position of any advertising material submitted for insertion. Acceptance of advertisements on the site will be subject to FutureSounds.in terms and conditions which are available on request.
We neither represent nor endorse the accuracy or reliability of any advertisement on our website, or the quality of any products, information, or other materials displayed, purchased, or obtained by you as a result of an offer in connection with any of these advertisements.
We strongly encourage you to do your own due diligence before responding to any offer.
22. Alteration of Service or Amendments to the Conditions
We reserve the right to make changes to our website, service policies, and these Conditions of Use & Sale at any time. You will be subject to the policies and Conditions of Conditions of Use & Sale in force at the time that you use the website or that you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
If any modification is unacceptable to you, you must stop using the Service. Unless otherwise specifically set forth in our notice, all changes be effective upon the date we notify you of the same (“effective date”) Your continued use of the Service following the effective date will constitute your binding acceptance of and agreement to be bound by the changes specified therein. You should check back frequently and review the terms and conditions of this agreement regularly so you are aware of the most current rights and obligations that apply to you and the terms and conditions of your agreement with us. If any new products or services become available, they will be considered a part of the Service and your use of them will be governed by the terms and conditions of this Agreement unless we notify you that different terms and conditions apply. You must also comply with any additional terms that apply to third-party content, material, information, software or other services.
23. Events beyond our reasonable control
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
24. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF AND ACCESS TO THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND AN “AS AVAILABLE” BASIS. WE DO NOT MAKE, AND HEREBY DISCLAIM, ANY REPRESENTATIONS OR WARRANTIES REGARDING THE SERVICE, THE FUTURESOUNDS.IN MUSIC SITE AND THE PRODUCTS AND SERVICES OFFERED THROUGH THE FUTURESOUNDS.IN MUSIC SITE OR ANY PORTION THEREOF, EXPRESS, IMPLIED OR STATUTORY, INCLUDING (WITHOUT LIMITATION) 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 MAKE NO REPRESENTATION OR WARRANTY THAT ANY MATERIAL, CONTENT, PRODUCTS OR SERVICES DISPLAYED ON OR OFFERED THROUGH THE SERVICE ARE ACCURATE, COMPLETE, APPROPRIATE, RELIABLE, OR TIMELY. WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICE WILL MEET YOUR REQUIREMENTS AND/OR YOUR ACCESS TO AND USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, FREE OF VIRUSES, MALICIOUS CODE, OR OTHER HARMFUL COMPONENTS, OR OTHERWISE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
25. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER FUTURESOUNDS.IN MUSIC, IT’S LICENSORS, SUPPLIERS, PARTNERS, AFFILIATES OR THIRD-PARTY SERVICE PROVIDERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER FORM OF DAMAGES IN ANY MANNER 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 OR WHETHER OR NOT EMUSIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
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) arising from, incurred as a result of, or in any manner related to any claim or action based upon (a) your breach of the terms and conditions of this Agreement, (b) your use of the Service, and/or (c) the use of the Service by any other person using your IDs.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
28. Governing law and jurisdiction
This agreement is governed by the Laws of India. You hereby irrevocably consent to the exclusive jurisdiction and venue of Courts of law in Delhi, India in all disputes arising out of or relating to the use of the FutureSounds.in and its affiliate. Use of the FutureSounds.in and its services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.