Terms and Conditions

Welcome to Autodhun Digital !

These terms and conditions outline the rules and regulations for the use of Autodhun Digital Website, located at https://www.autodhundigital.in/

By accessing this website we assume you accept these terms and conditions. Do not continue to Autodhun Digital if you do not agree to take all of the terms and conditions stated on this page. The Website is owned and provided to you by Autodhun Digital which expression shall hereinafter include, unless repugnant to the context thereof, members, representatives, affiliates, subsidiaries, successors and permitted assigns), having its registered office at kishanpur bazzar 852138

By using or accessing the Website in any way, including registering on the Website or using any of the Services provided therein, you expressly agree to be bound by the Terms of Service set forth herein. By accepting these Terms of Service, you also accept and agree to be bound by various ADD policies, including but not limited to the ADD Privacy Policy and the ADD Refund/Cancellation Policy.

If you do not understand the present Terms of Service or do not agree with/accept any part thereof, you should immediately discontinue using or accessing the Website. Your use and/or continued use of the Website, as the case may be, amounts to an express consent by you to the terms of this Terms of Service as well as other ADD Policies.

Definition:

For the purposes of this Terms of Service –

“Label Member(s)” shall include any music label, producer, company, association, society, trust, or other person or entity that owns and/or controls copyright in sound recordings of songs and that is or becomes a member of ADD by virtue of having executed a membership agreement with ADD. ‘Payment Account’ shall mean a financial account issued by the Payment Processor to the user who intends to acquire a license from ADD ,that authorizes the Payment Processor to collect and remit payments on behalf of ADD for the license granted to the user as made available on the platform. ‘Payment Gateway’ means the payment facility provided by the Payment Processor for purchasing the license as provided by ADD, on the Website. Payment Processor(s)’ means the entity authorized by ADD to provide online payment related services for the users of the Website which enables them to make payments to ADD for accessing the Services and/or obtaining a license in the ADD Content on the Website. “ADDContent(s)” shall mean the sound recording(s) of songs that are owned and/or controlled by the Label Members of ADD and which have been exclusively authorized by such Label Members to ADD for exploitation and use in accordance with the membership agreements with such labels. “Services” shall mean the Website and any license in relation to the AAD Content offered on the Website, together with any and all materials, data, software’s or other content whether available in the form of images, sound, text, audio-visuals or otherwise along with any features or enhancements that are made available or uploaded thereon by ADD for access by the users of the Website. ‘Side Loading’ refers to the act of physically loading and/or storing of the ADD Content to any device capable of communicating or exhibiting audio and/or audio-visual content, using any direct modes of data transfer to such a device including by way of a USB drive, flash drive, pen drive, data cards such as Micro SD card, Micro HD card, Bluetooth, Near Field Communication (NFC) or by writing to a memory card for insertion into the device or other similar forms of direct data transfer. ‘User’ shall refer to any user that accesses the Website and/or uses the Services. Any term or expression not expressly defined under the Terms of Service shall have the same meaning as may be ascribed to it under the Copyright Act, 1957 2. Conditions of the License:

Conditions of the License:

• License granted herein in respect of the Content shall include for the purposes of promotion of Content or the Albums or for being able to effect the exploitation of the rights granted herein:
• The right to use and exploit the Content or any part thereof, in synchronized or timed relation with any, music and other promotional and ancillary material or any other audio-visual work necessary in the opinion of the Licensee to give effect to its rights;
• The right to use the Content either singly or in combination with other similar Content and to manufacture, sell, distribute and advertise the same in any format and in any configurations now known or hereafter devised on Mobile Devices and release the same under any trademarks, trade names or label.
• The Licensee shall enter into agreements with those entities or individuals, on terms it deems fit, and collect royalties, commission, profit share, minimum guarantees, monetary compensation and/or compensation of any nature towards the exploitation of the Rights of the Content offered through Content Dealers within the Territory and Term;

Your Account:

1. In order to access some of the features and Services provided on the Website, including availing of a license in respect of the ADD Content, you may be required to create an online account with us and become a registered user of the Website. You can become a registered user of the Website by setting up a password protected account with us. In order to set up such an account, you will be required to set up a user name and password, enter details of your registered email id, or you may be asked to login using the account details of any partner Website. You may also be required to set up a Payment Account with one of our Payment Processor affiliates and make payments to us through them for acquiring a license on the Website using one of the various modes of payment made available.
2. By setting up the account, you agree to accept any and all responsibility for any and all activities that occur under your account. By setting up the account, you further expressly agree to the contents of the Privacy Policy and to strictly abide by the terms and conditions set out in the terms of service.
3. 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 unauthorized access to your account. 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 unauthorized 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.
4. You agree and acknowledge that you will use your account on the Website solely for the purpose of obtaining a Side Loading license in and to the ADD Content for the territory of India and not outside. You also agree to use the ADD Content strictly in accordance with the terms of the license so granted to you hereunder. ADD reserves the right to refuse access to the Website, terminate accounts, remove or edit content at any time without notice to you.

Content Liability:

Under the CCPA, among other rights, California consumers have the right to:

We shall not be hold responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

Privacy:

Please review our Privacy Policy [Click Here], which is incorporated into this Terms of Service by reference and which also governs your visit to the Website, to understand our practices. The personal information/data provided to us by you or otherwise collected or stored by us pertaining to your use of our Website and the Services will be treated as strictly confidential and be used in accordance with the Privacy Policy and applicable laws and regulations. If you object to your information being stored, collected, transferred or used in accordance with the Privacy Policy, please do not use the Website.

Payment Gateway:

The payment gateway made available on the Website is through a third-party service provider acting as the Payment Processor. You agree and acknowledge that the facility of payments and the payment transactions through the said Payment Gateway is the sole responsibility of the Payment Processor. Therefore, you further agree and acknowledge that ADD shall not be responsible in any manner whatsoever for any transactions on or in connection with the Payment Gateway on the Website. It shall be your sole responsibility to ensure the accuracy and completeness of the details provided by you at the time of making payment for our Services. You expressly agree that ADD shall not be responsible for any errors, mistakes or misinformation provided by its users in this regard.

Cancellation and Refund Policies:

Cancellations: Please take note of our Cancellations and Refund Policy. As a general rule, all purchases of license made on the Website are final and you shall not be entitled to cancel your order once you have received confirmation of the same ADD reserves the sole right to cancel any order as per its discretion in case (i) it is unable to deliver the order in a satisfactory manner and/or (ii) the user tries to take advantage of the system which violates the Terms of Service. ADD will ensure that any communication of cancellation of an order or any applicable refund will be made within a reasonable period of time.

Refunds: Please take note of our Cancellations and Refund Policy.You shall be entitled to a refund only if ADD is unable to deliver your order/license in an adequate manner. All refunds will be processed on a pro-rated basis, depending on the service already delivered by ADD. Refunds will be done directly to the original payment mode within seven days of finalization of claim

Takedown:

For deletion of a product while the contract is valid(“Takedown”). The user hereby acknowledges that Autodhun music will forward the Take-Down request to the respective online portals, yet that Autodhun music has no influence on the length or the correct execution of the Take-Down by online portals.

Renewal:

Unless otherwise stated in writing 30 days prior to the expiry of the term, the agreement will be deemed automatically renewed on its expiry for similar term as this agreement and on same terms and condition as defined in this agreement.

Disclaimer:

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:

• Limit or exclude our or your liability for death or personal injury;
• Limit or exclude our or your liability for fraud or fraudulent misrepresentation;
• limit any of our or your liabilities in any way that is not permitted under applicable law; or
• Exclude any of our or your liabilities that may not be excluded under applicable law. The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty. As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

Jurisdiction and Applicable Law:

This Agreement shall be governed and construed in accordance with the laws of India whose courts shall have exclusive jurisdiction. Terms and conditions, which are not specified in this Agreement, but relate to its subject, shall be governed in accordance with applicable laws of India.