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Terms of Use


INDIEARTH - TERMS OF USE

Please be aware that this is a legally binding agreement. Please read it carefully. If you do not agree to its terms, please do not use IndiEarth.

1.      Your access to the IndiEarth Website ("IndiEarth”), located at http://www.IndiEarth.com, constitutes an agreement between you and the owner of IndiEarth, EarthSync India Private Limited of No. 8, 8th Street, Nandanam Extension Chennai 600 035 (hereafter: "EarthSync"/"We"/"Us"/"Our") to the Terms of Use contained herein ("Terms of Use”/”Agreement”).

2.      Definitions: For the definitions of terms contained in these Terms of Use please see below.

3.      The date of these Terms of Use is November 2012. Please be aware that We may from time to time add and/or change the Terms of Use and that it is Your responsibility to check them from time to time.

4.      The purpose of IndiEarth is to be a meeting place in which independent Music and Film Content is introduced to media.

5.      IndiEarth is intended for IndiEarth Users. You may be a casual visitor to IndiEarth ("Visitor”/”You”/”Your”/”Me”). Even so, these Terms of Use also apply to You.

6.      In order to become a IndiEarth User and to thus receive IndiEarth Services, You must first register and set up a IndiEarth account.

7.      IndiEarth Users are ("IndiEarth Users”/”You”/”Me”/”My”):

a.      IndiEarth Artists:

                                                            1.       Musicians: Those independent and unrepresented entities interested (be it musicians, record labels, publicists and other entities) in exposing their Music Tracks and/or Music Video Clips to media.

                                                            2.      Film Makers: Those independent and unrepresented entities interested (be it filmmakers, producers and other entities) in exposing their Film Content to media.

b.      IndiEarth Media:

                                                            1.      Media Platforms: Media entities/platforms, such as TV stations, Radio Stations, Print Media, Online Platforms (including websites, radio, blog, TV, news etc.), Cellular/Wireless Platforms, interested in being exposed to Music Content and Film Content.

                                                            2.      DJ’s/VJ’s: Those DJ’s/VJ’s, resident at venues, interested in being exposed to Music Content.

8.      IndiEarth Services ("IndiEarth Services”) include:

a.       Content Submission Services which allow IndiEarth Artists through personalized areas to submit Music Content and Film Content to IndiEarth thereby exposing it to IndiEarth Media and other IndiEarth Artists.

b.      Content Access Services which allow IndiEarth Media to access Music Content and Film Content through dedicated Music Content and Film Content pages or what are referred to in IndiEarth as View Track pages ("View Track pages”). DJ’s/VJ’s View Track pages are limited to Music Content.

9.      If You wish to receive IndiEarth Services You will be required to register and create a IndiEarth account ("the Account”). In registering with IndiEarth You declare that:

a.       You are over the age of 18.

b.      You are a either a IndiEarth Artist or fall under the definition of IndiEarth Media (please refer to clause 7 above).

c.       The information You provide Us with is true and accurate.

d.      You bear the sole responsible for any activity that occurs on Your Account. You must therefore keep Your details secure including any password assigned to You. Please be aware that information provided by You may be used by Us to enforce this agreement.

10.  When registering for IndiEarth Services You will be able to opt for Content Submission Services (for IndiEarth Artists) or Content Use Services (for IndiEarth Media) (Registration to both services is possible but does require separate registration for each service and a separate e-mail account to be given for registration and communication purposes) and you will be required to confirm Your agreement to these Terms of Use:

a.       As per Content Submission Services (for IndiEarth Artists):

                                                            1.      Prior to creation of your account you will be required to declare the following:

1.      I have all required rights and permissions in any Music and Film content submitted by me.

2.      I understand that IndiEarth is a platform where Music and Film meets Media and I therefore agree that IndiEarth may allow IndiEarth's Media users to stream or download any Music and Film content submitted by me for appraisal and reviewing purposes.

3.      I am solely responsible for any Music and Film content submitted by me and for any royalties that may be due to any entity as a result of IndiEarth allowing IndiEarth's Media users to stream or download such Music and Film content submitted by me for appraisal and reviewing purposes.

4.      I have read and I agree to the Terms of Use of IndiEarth and to the IndiEarth Content Submission Declaration.

                                                            2.      Once your account is created, you will be able to view Your personalized area.

                                                            3.      Personalized areas for IndiEarth Artists:

1.      Allow submission of Music Content/Film Content, Cover Art/Thumbnails, Music Content/Film Content details, credits, PR materials, bio and press materials.

2.      Give access to Your Music Content/Film Content, Account details, IndiEarth reports, Orders.

3.      Allow purchase of Cash Points.

                                                            4.      Submission of Music Content and/or Film Content requires Cash Points:

1.      Cash Point prices are set out in the "Buy Cash Points” page within IndiEarth.

2.      Cash points may be purchased "as you go” or can be purchased in advance for later use.

3.      Payment for Cash Points by Credit Card will be transacted by a third party payment gateway called CCAvenue ("CCAvenue”). In addition to the terms of this agreement, You will be required to agree to the terms and conditions of CC Avenue.

4.      Payment for Cash Points may also be made by Cheque or Demand Draft payable to EarthSync India Private Limited and should be sent to: EarthSync India Private Limited, No. 8, 8th Street, Nandanam Extension Chennai.

5.      IndiEarth Artists personalized pages will not be available for IndiEarth Media viewing and perusal until such time as payments for Cash points are realized.

6.      Once You complete the payment process, You will be able to utilize Your Cash Points and to Submit Music Content and/or Film Content onto Your personalized area. 

b.      As per Content Use Services (for IndiEarth Media):

                                                            1.      Personalized areas for IndiEarth Media:

1.      Allow perusal of Music Content/Film Content, Cover Art/Thumbnails, Music Content/Film Content details, credits, PR materials, bio and press materials.

2.      Allow streaming or downloading of Music and Film content for appraisal and reviewing purposes only (and in any event, should IndiEarth Media wish to play such Music Content and/or Film Content on platforms/venues available to them, then they will be required to contact the relevant IndiEarth Artist or any entity designated by such IndiEarth Artist for the relevant license required). DJ’s/VJ’s View Track pages are limited to Music Content.

                                                            2.      Content Use Services are free and do not require Cash Points.

                                                            3.      EarthSync may use the names, trademarks, pictures and other material relating to IndiEarth Media registered as IndiEarth Media Users, in any promotional and/or marketing materials for IndiEarth and its services and/or for exposure on IndiEarth.

11.  Content Submission Services:

a.       IndiEarth’s Content Submission Services entitle You, a IndiEarth Artist, to a personalized area onto to which You will be able to submit Music Content and/or Film Content as against Cash Points used by You.

b.      Music Content and/or Film Content submitted by You will be accessible to IndiEarth Media who shall be able to stream them on personalized IndiEarth pages and/or to download them for their appraisal and reviewing purposes only. DJ’s/VJ’s View Track pages are limited to Music Content. In any event, should IndiEarth Media wish to play such Music Content and/or Film Content on their platforms/venues, they will be required to contact You or any entity designated by You for the relevant license. Music Content and/or Film Content submitted by You, will also be accessible to IndiEarth Artists. Use by IndiEarth Artists of Music Content and/or Film Content will be limited to streaming only.

c.       Music Content and/or Film Content submitted by You must be in the format and in the size as specified in IndiEarth, it must be in "broadcast quality” and must include all artwork, relevant information including relevant Music Content and/or Film Content title, metadata and a credit list as follows:

                                                            1.      Music Tracks

1.         Authors, composers and music publishers of musical compositions.

2.         Performers in all recordings.

3.         Content owners of content contained in recordings (such as samples).

                                                            2.       Music Video Clips

1.         Music Tracks contained in any Music Video Clips: as per clause 11 c. 1. above.

2.         Visuals: Scriptwriters, Directors, Performers, Artwork etc.

                                                            3.      Film Content

1.         Music Tracks and Visuals contained in any Film: as per clause 11 c. 2. above.

d.      You are entitled at any time to notify Us that You wish to withdraw any Music Content and/or Film Content submitted by You. Upon receipt of such notice from You, We shall promptly remove any such Music Content and/or Film Content from IndiEarth.

e.       Music Content and/or Film Content submitted by you via Cash Points shall remain accessible to IndiEarth Media (DJ’s/VJ’s View Track pages are limited to Music Content) for a period of one year from the date of submission or a longer period as We shall in our sole discretion decide. Thereafter, You may be required to renew submission of Music Content and/or Film Content and this will require further use of Cash Points. If within a period of one year from the date of submission of Music Content and/or Film Content, their submission is not renewed, then such Music Content and/or Film Content not renewed shall become inaccessible to IndiEarth Media upon the expiry of one year from the date of submission and that, until such time as their submission is renewed.

f.       You are entitled at any time to notify Us that You wish to withdraw any Music Content and/or Film Content submitted by You. Upon receipt of such notice from You, We shall promptly remove any such Music Content and/or Film Content from IndiEarth.

g.       In accordance with our IP Policy, We reserve, amongst other things, the right at any time to ask You questions about any Music Content and/or Film Content submitted by You, including queries relating to rights aspects of such Music Content and/or Film Content. We also reserve the right, at any time and at our sole discretion to remove from IndiEarth any Music Content and/or Film Content.

h.      Prior to any submission of Music Content and/or Film Content to IndiEarth, You will be required to confirm Your agreement (by clicking "I agree”) to the following declaration ("Content Submission Declaration”):

                                                           i.         I am about to submit to IndiEarth Music Content and/or Film Content and I therefore hereby declare in respect of such Music Content and/or Film Content that:

1.             I am over the age of 18.

2.             I agree to be bound by the Terms of Use of IndiEarth to the fullest extent permissible by law and agree that they shall apply to My use of IndiEarth including receipt of IndiEarth Services and the submission of Music Content and/or Film Content to IndiEarth.

3.             Any information given by Me is true and accurate.

4.             I have the full right and authority to enter into this agreement.

5.             All Music Content and/or Film Content submitted by Me to IndiEarth and any use thereof granted by Me does not and will not infringe the rights of any third party and/or any copyrights and/or other intellectual property rights including (but not limited to) any trademark, patent, trade secret, or other privacy rights, rights of publicity, moral rights, performers rights of any entity.

6.             I own and/or have received from the rightful owners all required permissions in all copyrights and/or other intellectual property rights in all Music Content and/or Film Content submitted by Me to IndiEarth, including any entities (including, but not only, any Collecting Society that may have any rights in Music Content and/or Film Content submitted by Me) that may have been granted rights in sound recordings and/or musical compositions and/or any other type of content contained in Music Content and/or Film Content submitted by me to IndiEarth, thus enabling Me to grant EarthSync the rights as herein described.

7.             I am fully aware that if I or any other entity have previously granted to any entity including (but not only) any Collecting Society (including Collecting Societies representing rights in musical compositions and/or Collecting Societies representing rights in sound recordings) ("Collecting Society”), any rights in sound recordings and/or musical compositions and/or any other type of content included in Music Content and/or Film Content submitted by me to IndiEarth which may conflict with the rights granted herein, then I my agreeing to these Terms of Use comes only after I have received written permission from such entity and/or Collecting Society to enter this agreement. Such permission shall hold EarthSync harmless from any claim whatsoever from any entity or Collecting Society and for the avoidance of doubt, I shall be solely responsible for any payments and/or royalties due to any entity and/or Collecting Society for any uses made at IndiEarth in Music and Film Content submitted by me under this Content Submission Declaration.

8.             All moral rights in all Music Content and/or Film Content submitted by Me to IndiEarth have been waived by those entitled to them to the fullest extent permissible by law.

9.             EarthSync may use the names, pictures, biographical material of any persons and/or entities whose performances, images, creations are contained in Music Content and Film Content submitted by Me to IndiEarth in any promotional and/or marketing materials for IndiEarth and its services and for the exposure of such Music Content and Film Content.

10.         Music Content and/or Film Content submitted by Me will not be defamatory, libelous, racially or religiously offensive or contain obscene, pornographic, violent, or harmful material.

11.         I understand that I and/or other rights owners retain ownership rights in Music Content and/or Film Content. However, by submitting Music Content and/or Film Content to IndiEarth, EarthSync is hereby granted, to the fullest extent permissible by law, a non-exclusive, worldwide, sub licensable, transferable, royalty free, perpetual license to use, copy, display, publically perform, upload, download and play previews of Music Content and/or Film Content in connection with IndiEarth, any IndiEarth Service in general and IndiEarth’s Content Use Services in particular. By royalty free, I mean that EarthSync shall not be responsible in any way for any payment and/or royalty which may be due to any publisher, Collecting Society and/or any third party as a result of any uses made in Music Content and/or Film Content submitted by Me to IndiEarth whether on IndiEarth or elsewhere and I shall hold EarthSync fully harmless from any claims in this respect.

12.         For the purpose of IndiEarth’s Content Use Services, IndiEarth’s Media Users, are granted by Me, to the fullest extent permissible by law, the following limited rights of usage in all Music Content and/or Film Content submitted by Me to IndiEarth (enabling them to be introduced and review such Music Content and/or Film Content):

a.  Media Platforms: a non-exclusive license to download and/or stream Music Content and/or Film Content whether via IndiEarth or via a personal device enabling personal use for appraisal and reviewing purposes. In any event, should IndiEarth Media wish to play such Music Content and/or Film Content on their platforms/venues they will be required to contact Me for the relevant license.

b.  DJ’s/VJ’s: a non-exclusive license to download and stream  Music Content and/or Film Content whether via IndiEarth or via a personal device enabling personal use for introduction and reviewing purposes. In any event, should IndiEarth DJ’s/VJ’s wish to play such Music Content and/or Film Content on their platforms/venues they will be required to contact Me for the relevant license.

13.         There are no outstanding fees, royalties, claims or obligations in respect of Music Content and/or Film Content submitted by Me to IndiEarth including as a result of any uses allowed under this Content Submission Declaration.

14.         Music Content and/or Film Content submitted by Me to IndiEarth shall not contain viruses which may be harmful to computers.

15.         Use by EarthSync and/or IndiEarth Media of the Music Content and/or Film Content submitted by Me to IndiEarth shall not infringe the rights of any third party and shall not contravene any law.

16.         EarthSync and IndiEarth Media are hereby released from any and all claims and demands arising out of or in connection with Music Content and/or Film Content submitted by Me to IndiEarth and any uses therein as per these Terms of Use.

17.         I understand that the purpose of IndiEarth is to be a meeting place in which independent Music and Film Content is introduced to media and that as such:

1.               IndiEarth cannot guarantee any level of exposure for any Music Content and/or Film Content submitted by Me and EarthSync is hereby released from any and all claims and demands in this respect.

2.               IndiEarth does not place any responsibility whatsoever on EarthSync for any matter emanating from interactions between Music Content, Film Content, IndiEarth Artists and IndiEarth Media. I am solely responsible for any such interactions and their outcomes. 

12.  Content Use Services:

a.       IndiEarth’s Content Use Services entitle IndiEarth Media to access IndiEarth’s Media area which allows perusal of Music and Film Content (DJ’s/VJ’s View Track pages are limited to Music Content).

b.      IndiEarth’s Media area allows IndiEarth Media to stream and/or to download such Music and Film Content for appraisal and reviewing purposes (DJ’s/VJ’s View Track pages are limited to Music Content). In any event, should IndiEarth Media wish to play such Music Content and/or Film Content on their platforms/venues they will be required to contact the relevant IndiEarth Artist for the relevant license.

c.       Content Use Services are free and do not require Cash Points.

d.      Music Content and/or Film Content is not  accessible to IndiEarth Artists aside from Music Content and/or Film Content submitted by them. Use by IndiEarth Artists of Music Content and/or Film Content is limited to streaming only.

e.       IndiEarth Media are granted by IndiEarth Artists, to the fullest extent permissible by law, the following rights of use in Music Content and/or Film Content contained in IndiEarth’s Media area ("Rights of Use”):

                                                              i.      Media Platforms: a non-exclusive license to download and/or stream Music Content and/or Film Content, whether via IndiEarth or via a personal device enabling such use and that, for personal reviewing purposes only. In any event, should IndiEarth Media wish to play such Music Content and/or Film Content on their platforms/venues they will be required to contact the relevant IndiEarth Artist for the relevant license. View Track pages within IndiEarth Media area enable sending messages to IndiEarth Artists.

                                                            ii.      DJ’s/VJ’s: a non-exclusive license to download and/or stream Music Content, whether via IndiEarth or via a personal device enabling such use and that, for personal reviewing purposes only. In any event, should IndiEarth DJ’s/VJ’s wish to play such Music Content on their platforms/venues they will be required to contact the relevant IndiEarth Artist for the relevant license. View Track pages within IndiEarth Media area enable sending messages to IndiEarth Artists.

f.       Prior to Your access of Music Content and/or Film Content, You will be required to confirm Your agreement (by clicking "I agree”) to the following declaration ("Content Use Declaration”):

                                                           i.         I am about to access IndiEarth’s Media area which will allow Me to browse Music Content and/or Film Content (DJ’s/VJ’s access is limited to Music Content) submitted to IndiEarth by IndiEarth Artists and I therefore hereby declare in respect of such Music Content and/or Film Content that:

1.         I am over the age of 18.

2.         I agree to be bound by the Terms of Use of IndiEarth and agree that they shall apply to My use of IndiEarth including receipt of IndiEarth Services in general and Content Use Services in particular.

3.         Any information given by Me is true and accurate.

4.         I have the full right and authority to enter into this agreement.

5.         I acknowledge and agree that all rights in Music Content and/or Film Content are the property of the relevant IndiEarth Artist’s or persons or entities on behalf of which they are operating.

6.         My use of Music Content and/or Film Content shall be in accordance with the Rights of Use as set out in IndiEarth’s Terms of Use.

7.         I understand that the rights granted to me in Music Content and/or Film Content contained in IndiEarth’s Media area, are limited to a non-exclusive license to download and/or stream  such Music Content and/or Film Content, whether via IndiEarth or via a personal device enabling such use and that, for personal appraisal and reviewing purposes only. In any event, should I wish to play such Music Content and/or Film Content I am required to contact the relevant IndiEarth Artist for the relevant license. I am aware that View Track pages within IndiEarth Media area enable sending messages to IndiEarth Artists. In any event, DJ’s/VJ’s access is limited to Music Content.

8.         I agree not to modify, create derivative works from, or otherwise use any Music Content and Film Content other than as allowed herein.

9.         I agree that EarthSync may use the names, trademarks, pictures and other material relating to me and/or the media entity registered by me as a IndiEarth Media User, in any promotional and/or marketing materials for IndiEarth and its services and/or for exposure on IndiEarth.

10.     I understand that the purpose of IndiEarth is to be a meeting place in which independent Music and Film Content is introduced to media and that as such, IndiEarth does not place any responsibility whatsoever on EarthSync for any matter emanating from interactions between Music Content, Film Content, IndiEarth Artists and IndiEarth Media. I am solely responsible for any such interactions and their outcomes. I am aware that any rights other than those specifically granted herein granted to IndiEarth Media may be subject to payment of public performance royalties to copyright collecting societies for public performance/copying of such Music Content and Film Content. It is my responsibly as a IndiEarth Media member to contact the relevant IndiEarth Artists for the relevant license.

13.  Ownership:

a.       Subject to any rights granted to EarthSync and IndiEarth Media herein, IndiEarth Artists retain rights to Music Content and Film Content submitted by them to IndiEarth. 

b.      Unless stated specifically otherwise, EarthSync is the owner of all intellectual property and other rights in and to the IndiEarth Website, its graphics, music content (musical compositions and sound recordings), pictures, visuals, audio-visual content, information and trademarks ("IndiEarth Content”).
 

14.  IP Policy:

a.       We respect the rights of others and We expect IndiEarth Users to do the same. We require IndiEarth Users to submit Music Content and Film Content that does not infringe the rights of others. Notwithstanding, it is impossible for Us to verify whether all Music Content and Film Content submitted to IndiEarth has been fully cleared for copyright or other intellectual property law purposes. We cannot therefore assume responsibility for any Music Content and Film Content submitted to IndiEarth by IndiEarth Artists. All Music Content and Film Content submitted to IndiEarth by IndiEarth Artists are the sole responsibility of the IndiEarth Artists who originally submitted them. Any recourse for any damage that any entity may suffer shall be to such IndiEarth Artists.

b.      We have implemented a 3 pronged filtering process to ensure as much as We possibly can that any Music Content and Film Content is not infringing the rights of others:

1.               Declaration: IndiEarth Artists are required to declare through the Content Submission Declaration that amongst other matters they have obtained the prior written consent of the rightful rights owners of all copyrights and other intellectual property rights in all Music Content and Film Content submitted by them to IndiEarth.

2.               Checkpoint: We may, at any time,  ask IndiEarth Artists questions about Music and/or Film Content submitted by them, including queries relating to rights aspects of the said Music Content and/or Film Content.

3.               Notice, Takedown and Counter Notice: IndiEarth has procedures for receiving written notification of claimed intellectual property infringements and counter notices for improperly submitted claims of intellectual property infringements. The structure of these procedures is based on those set out in the Digital Millennium Copyright Act "Safe Harbour” provisions. When We refer to intellectual property rights, We mean not only copyrights but also trademarks, publicity rights, patents, confidential information etc. For any matters concerning intellectual property infringements, counter notices for improperly submitted claims of intellectual property infringements etc. pleases send an e-mail to our IP hotline ("IP Hotline”): support@IndiEarth.com. 

c.      If Your intellectual property has been infringed, You may send our IP Hotline a written communication which contains the following:

1.               Identification of the right claimed to have been infringed.

2.               Identification of the material that is claimed to be infringing.

3.               Information reasonably sufficient to enable Us to contact You.

4.               A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the rights owner.

5.               A statement that the information in the notification is accurate, and that You are either the owner or are authorized to act on behalf of the owner of the rights allegedly infringed.

6.                Your physical or electronic signature.

 

d.      If a notice of intellectual property infringement has been submitted improperly against You, a IndiEarth Artist, You may send our IP Hotline a written communication containing a counter notice which contains the following:

1.                Your physical or electronic signature.

2.               Identification of the relevant material.

3.               A statement that a notice of intellectual property infringement has been submitted improperly against You and that that removal or disablement of such material is a mistake.

4.               Your name and telephone number, and a statement that You consent to the jurisdiction of the courts of Chennai, India.

5.                Your physical or electronic signature.

e.       If We receive a notice of claimed intellectual property infringement, We may, at our sole discretion, suspend, remove or disable the specific Music Content and/or Film Content to which the notice refers. Whether We do this or not, and if so, at which stage of the notice and counter notice process, We shall try to forward the claim together with the complainant’s contact information to the IndiEarth User who submitted the allegedly infringing Music Content and/or Film Content. If the IndiEarth User makes a counter notice, We shall try to forward this counter notice to the complainant together with the IndiEarth User’s contact information.

f.       In any event, We reserve the right, at our sole discretion, with or without the need for giving You notice, and at any time to:

1.               Refuse service.

2.               Suspend, remove or disable any Music Content and Film Content submitted to IndiEarth.

3.               Terminate the Accounts of IndiEarth Users.

4.               Block use of the IndiEarth Website.

15.  You may also terminate Your Account, at any time, upon giving Us appropriate notice. Your notice will enable Us to start the process of termination of Your Account.

16.  In the event of termination of Your Account, You will no longer be able to access Your Account. Refunds, if any, are at our sole discretion.

17.  The information and/or materials on the Website are provided "as is" without warranties of any kind. Any use of IndiEarth is at Your sole risk.

18.  Any links to third party websites are provided solely for Your convenience only and this does not imply any connection and/or approval and/or endorsement by Us. We have no control over these third party sites and We do not therefore accept any responsibility in respect of them. It is Your responsibility to evaluate whether You want to access or use a third party website.

19.  Any use of IndiEarth, IndiEarth Content and Music Content and Film Content shall be:

a.       At Your sole responsibility.

b.      Will not infer on Us any liability whatsoever including that to You and/or any third party.

c.       You agree not use IndiEarth to perform any activities that violate any law, to solicit or harass or to impersonate any entity or person.


20.  All rights not specifically granted herein in IndiEarth Content and Music Content and Film Content shall be are reserved. For the avoidance of doubt, You may not copy, upload, download, post, transmit, reproduce, distribute, modify or publicly display IndiEarth Content, Music Content and Film Content or produce derivative works thereof unless otherwise expressly permitted to do so as per these Terms of Use.
 

21.  We do not warrant that IndiEarth will be uninterrupted or virus or error free.

22.  We do not warrant that any Music Content and/or Film Content on IndiEarth will be complete and/or accurate.

23.  We will not be responsible for any loss or damage caused to You in any way and You hereby declare that You will refrain from making any such claims against Us.

24.  We will not be responsible if the IndiEarth Services do not fit Your purpose.

25.  We reserve the right at any time to change, modify or discontinue IndiEarth and/or any part thereof.

26.  The term "EarthSync"/"We"/"Us" also includes EarthSync's Directors, Managers, Employees and Shareholders.

27.  You shall at all times indemnify, defend and hold harmless EarthSync, its licensee and assigns, immediately upon written demand from Us, from and against any and all claims, damages, liabilities, costs and expenses, including lawyer’s fees, arising out of or related to Your use or inability to use IndiEarth or Your breach of any of the terms of these Terms of Use.

28.  You possess full power and authority to enter into and perform these Terms of Use.

29.  We shall be entitled, in Our sole discretion, to assign and/or license the whole or part of these Terms of Use to any entity without the need for obtaining Your approval.

30.  You shall not be entitled to assign the whole or part of these Terms of Use. Any attempted assignment by You shall be deemed null and void.

31.  These Terms of Use contain the entire agreement between You and Us relating to the matters set forth herein and shall not be modified except in a writing signed on behalf of EarthSync.

32.  No failure or delay by Us in exercising Our rights hereunder will operate as a waiver thereof or preclude from doing so in the future.

33.  The invalidity of any provisions of these Terms of Use shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force.

34.  You are not entitled to seek rescission, injunctive or other equitable relief, or to restrain the operation of the IndiEarth Website and/or IndiEarth Content and/or Music Content and/or Film Content on IndiEarth.

35.  These Terms of Use do not create an agency, partnership, or joint venture.


36.  There are no other third party beneficiaries to these Terms of Use.


37.  Regardless of Your country of origin, of where You have accessed IndiEarth and despite any conflict of law principles, this agreement shall be governed by the laws of the Republic of India, the courts of which in Chennai, shall have exclusive jurisdiction thereon. Any legal action concerning this agreement or IndiEarth must be brought within one (1) year after the claim or cause of action arises.

38.  We respect Your privacy. Please read Our Privacy Policy which is incorporated into this agreement. Our Privacy Policy does not cover Music Content and/or Film Content submitted to IndiEarth. By agreeing to the terms of this agreement you hereby expressly agree that we may from time to time use the contact information provided by you to inform you by e-mail about our products, special promotions and updates. In any event, we will always enable you to remove your e-mail address if you don't wish to receive e-mail notifications from us.

39.  You agree that we may use any information submitted by You if required to do so by law or if it is necessary to apply and/or to enforce this agreement and any terms thereof.

40.  Definitions: In these Terms of Use:

a.       Music Tracks: shall mean Music Tracks submitted to IndiEarth by IndiEarth Users including musical compositions, recordings and performances and all rights contained therein.

b.      Music Video Clips: shall mean Music Video Clips submitted to IndiEarth by IndiEarth Users including Music Track elements (musical compositions, recordings and performances and all rights contained therein) and visual elements (audio-visual recordings, performances and scripts and all rights contained therein).

c.       Additional Music Content: shall mean any other material submitted to IndiEarth by IndiEarth Users in connection with Music Tracks and Music Video Clips such as information, album covers, pictures, images, trademarks, written materials etc. and all rights contained therein.

d.      Music Content: shall mean Music Tracks, Music Video Clips and Additional Music Content.

e.       Film Content: shall mean Film Content submitted to IndiEarth by IndiEarth Users including Visual elements such as a Film Trailer (and audio-visual recordings, performances and scripts and all rights contained therein), Music Soundtrack elements (musical compositions, recordings and performances and all rights contained therein) and Additional Film Content.

f.       Additional Film Content: shall mean any other material submitted to IndiEarth by IndiEarth Users in connection with Film Content such as information, packaging graphics, pictures, images, trademarks, written materials etc. and all rights contained therein.

41.  Please refer any IndiEarth queries to: support@IndiEarth.com.

 

 

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