Welcome to SHEMAROOMUSIC.COM, owned and operated by Shemaroo Entertainment Ltd. and/or its subsidiary(IES) and/or affiliate(s) (collectively referred to as the "company").
"User" or "You" means any person who accesses or avails this site of the Company for the purpose of hosting, publishing, sharing, transacting, displaying or uploading information or views and includes other persons jointly participating in using the site of the Company.
By accessing the Site or Service and/or by clicking "I agree", you agree to be bound by these Terms. You hereby represent and warrant to the Company that you are at least eighteen (18) years of age or above and are capable of entering, performing and adhering to these Terms and that you agree to be bound by the following terms and conditions. While individuals under the age of 18 may utilize the Service of the site, they shall do so only with the involvement & guidance of their parents and / or legal guardians. You agree to register prior to uploading any content and / or comment and any other use or services of this site and provide your details including but not limited to complete name, age, email address, residential address, contact number.
The Company reserves the right, at its discretion, to change, modify, add, or remove portions of these Terms at any time by posting the amended Terms. Please check these Terms periodically for changes. Your continued use of the Shemaroo Service after the posting of changes constitutes your binding acceptance of such changes. In addition, when using any particular services, you may be subject to any posted guidelines or rules applicable to such services. All such guidelines or rules are hereby incorporated by reference into the Terms.
If you do not agree with the Terms, please do not use this Site or the Shemaroo Service.
SHEMAROO SERVICE, REGISTRATION AND ACCESS TO USE
The Shemaroo Service provides its members with access to music over the Internet to the Shemaroo Service ready devices.
Registration: To register for the Shemaroo Service you may be required to open an account by completing the registration process (i.e. by providing us with current, complete and accurate information as prompted by the applicable registration form). You are entirely responsible for maintaining confidentiality of your password and account. You expressly agree to absolve the Company and/or the Shemaroo Service of any responsibility / liability in this regard.
By registering, you agree to the Terms stated herein and in addition to any other specific terms which shall be posted at an appropriate location of the Site. Each registration is for a single individual user only.
Subscription (If applicable): Your subscription to the Shemaroo Service in a particular geographical territory shall be valid for that territory only and shall not automatically entitle you to access your account from a different geographical territory, unless specifically permitted by the Company. The content downloaded during subscription period is only allowed to be accessed from the Shemaroo Service and is accessible only till subscription is active and in good standing.
Access to use: To access the Shemaroo Service, you will be asked to enter your individual user name and password, as chosen by you during your registration.
If the Company reasonably believes that an account and password is being used / misused in any manner, the Company shall reserve the right to cancel access rights immediately without notice, and block access to all users from that IP address. Furthermore, you shall be entirely responsible for any and all activities that occur under your account. You agree to notify the Company immediately of any unauthorized use of your account or any other breach of security. The Company will not be liable for any loss that you may incur as a result of someone else using your password or account, however, you could be held liable for losses incurred by the Company or another party due to someone else using your account or password.
Availability: The availability of content through Shemaroo Services will change from time to time. The quality of the music of the streaming may vary from computer to computer, and device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges.
Geographic Limitation: You may listen music through the Shemaroo Service only in geographic locations where the Company offers the Shemaroo Service. The content that may be available to listen will vary by geographic location. The Company may use technologies to verify your geographic location.
INTELLECTUAL PROPERTY RIGHTS AND LIMITED LICENSE
Limited License: Subject to your compliance with the Terms herein, the Company hereby grants you a personal, limited, non-exclusive, non-transferable, freely revocable license to use the Shemaroo Service for the personal and non-commercial listening of songs only. Except for the foregoing limited license, no right, title or interest shall be transferred to you. Content on the Site and/or Shemaroo Service is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. We reserve all rights not expressly granted in and to the Site and/or Shemaroo Service and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein. Any unauthorized use of the Contents or Shemaroo Service will result in termination of the limited license granted by the Company and cancellation of your membership. Use of Site or Shemaroo Service for any other purpose may result in severe civil and criminal penalties. The Company does not promote, foster or condone the copying of Content, or any other infringing activity.
The Content: The content on the Shemaroo Service including, without limitation, videos, software, text, graphics, interactive features, logos, photos, music and all other audible and visual materials, as well as the selection, organization, coordination, compilation and overall look and feel of the Site (collectively, the "Content") are the intellectual property of the Company, its licensors, its suppliers, and as available in public domain. The Content is protected by copyright, trade dress, patent, trademark and other laws, international conventions and proprietary rights and all ownership rights to the Content remain with the Company, its licensors or its suppliers, as the case may be. All trademarks, service marks, and trade names are proprietary to the Company or its affiliates and/or third party licensors.
You hereby agree and assure the Company that the Site and/or Shemaroo Service shall be used for lawful purposes only and that you will not violate laws, regulations, ordinances or other such requirements of any applicable Central, State or local government or any other international laws. You further concur that you shall not:
circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Site or Shemaroo Service.
either directly or through the use of any device, software, internet site, web-based service, or other means copy, download, stream capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the Content unless expressly permitted by the Company in writing;
either directly or through the use of any device, software, internet site, web-based service, or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content including geo-filtering mechanisms
incorporate the Content into, or stream or retransmit the Content via, any hardware or software application or make it available via frames or in-line links unless expressly permitted by the Company in writing;
create, recreate, distribute or advertise an index of any significant portion of the Content unless authorized by the Company;
In addition, you are strictly prohibited from creating derivative works or materials that otherwise are derived from or based, on the Content in any way, including montages, mash-ups and similar videos/audios, wallpaper, desktop themes, greeting cards, and merchandise, unless it is expressly permitted by the Company in writing. This prohibition applies even if you intend to give away the derivative materials free of charge. The Site may permit you to post user submissions including but not limited to reviews of Content available through the Shemaroo Service, comments on such Content, etc (User Submissions). You understand that these User Submissions, once posted by you, are visible to all members since it is a public forum.
You agree not to host, display, upload, modify, publish, transmit, update or share any information or User Submissions which
belongs to another person and to which you do not have any right to;
is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
harm minors in any way;
infringes any patent, trademark, copyright or other proprietary rights;
violates any law for the time being in force;
deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
impersonate another person;
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation;
contain misleading information regarding the origin of the Content;
or otherwise contains objectionable content.
LINKS TO OTHER SITES
The Site may contain the links or pointers to other websites but you should not infer or assume that the Company operates, controls, or is otherwise connected with these other websites. When you click on a link within the Site, the Company may not warn you that you have left the Site and are subject to the terms and conditions (including privacy policies) of another website.
Part of the Site or the Shemaroo Service may contain advertising information or promotion material or other material submitted to the Company by third parties. Responsibility for ensuring that material submitted for inclusion on the Site complies with applicable international and national law is exclusively on the party providing the information/material. Your correspondence or business dealings with, or participation in promotions of advertisers including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. Before relying on any advertising material, you should independently verify its relevance for your purpose, and should obtain appropriate professional advice. The Company shall not be responsible nor liable for any loss or claim that you may have against an advertiser or any consequential damages arising on account of your relying on the contents of the advertisement.
COLLECTION AND USE OF PERSONAL INFORMATION
DISCLAIMER OF WARRANTIES AND LIABILITY
You understand and agree that the Company provides the Shemaroo Service on an 'as-is' 'with all faults' and 'as available' basis. You agree that use of the Site or the Shemaroo Service is at your risk. All warranties including without limitation, the implied warranties of merchantability, fitness for a particular purpose, for the title and non-infringement are disclaimed and excluded.
No representations, warranties or guarantees whatsoever are made by the Company as to the (a) accuracy, adequacy, reliability, completeness, suitability or applicability of the information to a particular situation; (b) that the service will be uninterrupted, timely, secure, or error-free; (c) the quality of any services, content, information, or other material on the website will meet your expectations or requirements; (d) any errors in the Site will be corrected; (e) warranties against infringement of any third party intellectual property or proprietary rights; or (f) other warranties relating to performance, non-performance, or other acts or omissions of the Company, its officers, directors, employees, affiliates, agents, licensors, or suppliers.
You agree to indemnify, defend and hold harmless, the Company, its affiliates, successors, and assigns, and each of their respective investors, directors, officers, employees, agents, and suppliers (including distributors and content licensors) from and against any losses, claims, damages, liabilities, including legal fees and expenses, arising out of:
any claim due to or arising out of your violation of these Terms, including but not limited to a claim arising out of a breach of your representations or warranties made hereunder;
your use or misuse of or access to the Site or the Shemaroo Service;
your violation of any law, regulation or third party right, including without limitation any copyright, property, or privacy right; or
any claim that you have caused damage to a third party.
The Company reserves the right, at its own expense, to employ separate counsel and assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and you agree to cooperate with the Company´s defence of these claims.
TERMINATION OF ACCOUNT, SUSPENSION OR DISCONTINUATION OF SHEMAROO SERVICE
The Company reserves the right to change, suspend, or discontinue temporarily or permanently, some or all of the Shemaroo Service (including the Content and the devices through which the Shemaroo Service are accessed), with respect to any or all users, at any time without notice. You acknowledge that the Company may do so in its sole discretion. You also agree that the Company will not be liable to you for any modification, suspension, or discontinuance of the Shemaroo Service, although if you are a Shemaroo Services paid subscriber and the Company suspends or discontinues the Shemaroo Service, the Company may, in its sole discretion, provide you with a credit, refund, discount or other form of consideration (for example, the Company may credit additional days of service to your account). However, if the Company terminates your account or suspends or discontinues your access to the Shemaroo Service due to your violation of these Terms, then you will not be eligible for any such credit, refund, discount or other consideration.
Redressal Mechanism: Any complaints, abuse or concerns with regards to content and or comment or breach of these terms shall be immediately informed to us in writing or through email.
of Copyright Infringement:
Our policy is to comply with all Intellectual Property Laws and to act expeditiously upon receiving any notice of claimed infringement. If you believe that any work has been reproduced on this website in a manner that constitutes copyright infringement, please provide a notice of copyright infringement.
None of the provisions of the Terms shall be deemed to constitute a partnership or agency between you and the Company and you shall have no authority to bind the Company in any manner, whatsoever. This agreement is solely for your and the Company’s benefit and not for the benefit of any other person, except for permitted successors and assigns under this Agreement.
You may not transfer to anyone else, either temporarily or permanently, any rights to use the Shemaroo Service or any part of the Shemaroo Service. Any attempt by you to do so is void. the Company may assign, transfer, delegate and/or grant all or any part of its rights, privileges and properties hereunder to any person or entity.
Neither Party shall have any liability for any interruption or delay, to access the Site due to Force Majeure Event. For the purposes of this clause, ´Force Majeure Event´ means any event or circumstance or combination of events and circumstances which is reasonably beyond the control of the party affected thereby and which causes or results in default or delay in performance by such affected party of any of its obligations under this agreement and includes an act of God, war, hostilities, civil commotion, strikes, lockouts and other industrial disputes.
These Terms are governed by and construed in accordance with, the laws of India without giving effect to principles of conflict of law. In the event of any dispute or claim by you against the Company, you agree to submit to the exclusive jurisdiction of courts at Mumbai.
Time To Bring Your Claim
You and the Company agree that any cause of action arising out of or related to use of the Site or the Shemaroo Service must commence within one (1) year after the cause of action accrues otherwise, such cause of action will be permanently barred.
Rights and obligations under the Terms which by their nature should survive will remain in full effect after termination or expiration of the subscription.
Any express waiver or failure to exercise promptly any right under this agreement will not create a continuing waiver or any expectation of non-enforcement.
These Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.