TERMS OF USE
1. DEFINITIONS
This Terms of Use Agreement governs the relationship between Phonographic Aggregation Private Limited (hereinafter referred to as “Company”) and Users of the Service. “Company” refers to Phonographic Aggregation Private Limited, a registered entity under the Ministry of Corporate Affairs, Government of India. “User” refers to any individual or legal entity accessing and using the Company’s digital music distribution platform. “Platform” denotes the digital infrastructure, including all software, tools, and services, that facilitate music distribution and related activities. “Service” comprises the entire range of functionalities provided by the Company for music distribution, promotion, licensing, and royalty management. “Agreement” refers to this legally binding document detailing the terms under which Users access and utilize the Service.
2. GENERAL PROVISIONS
This Agreement establishes the legal framework within which Users engage with the Platform. By accessing or using the Service, the User acknowledges and agrees to be bound by these Terms of Use. The Company reserves the right to modify the Agreement at any time, with such modifications taking effect upon their publication on the Company’s website. Users must review these Terms regularly and discontinue usage if they do not agree with any modifications. Continued use of the Service following modifications indicates the User’s acceptance of the revised terms.
3. JOINING THE AGREEMENT
Users must accept this Agreement in full before accessing the Service. Registering on the Platform, uploading music, or engaging in any related activities signifies the User’s consent to abide by the Agreement. The Agreement is legally binding and remains effective indefinitely unless terminated by the Company or the User in accordance with its provisions. Users who disagree with any part of the Agreement must refrain from using the Service. Any transactions or agreements executed through the Platform are deemed to be in written form and carry full legal weight.
4. RIGHTS AND OBLIGATIONS OF THE COMPANY
The Company oversees the Service, ensuring its integrity, security, and compliance with industry standards. It has the right to alter the Platform’s design, functionality, and available services at any time. The Company may also impose usage restrictions, suspend or terminate User access for non-compliance, and take necessary legal action against violations. Additionally, the Company ensures the confidentiality of User data in accordance with applicable laws and privacy policies. It is committed to providing support services, facilitating smooth User interactions, and maintaining transparent financial transactions related to royalties and earnings.
5. RIGHTS AND OBLIGATIONS OF THE USER
Users are entitled to utilize the Service in accordance with their designated access levels. They have the right to distribute their music, access analytics, manage royalties, and engage with promotional tools provided by the Platform. However, Users must adhere to the Agreement’s stipulations, ensuring their activities comply with applicable laws, copyright regulations, and ethical standards. Users must not engage in unauthorized data extraction, malicious activities, or actions that compromise the integrity of the Service. Violation of these terms may result in penalties, including suspension or permanent account termination.
6. CONFIDENTIALITY AND DATA PRIVACY
The Company guarantees the secure processing, storage, and handling of personal and proprietary User data. It adheres to all relevant data protection laws, ensuring that User information is not disclosed to third parties without consent, except as required by law. The Company may collect and analyze data to enhance Service performance, improve user experience, and ensure compliance with legal obligations. Users are responsible for safeguarding their login credentials and maintaining the confidentiality of their accounts.
7. LIABILITY AND DISCLAIMERS
The Service functions as an intermediary facilitating digital music distribution. The Company does not guarantee uninterrupted or error-free operation and is not responsible for technical issues arising from third-party services. Users acknowledge that they use the Service at their own risk and agree that the Company is not liable for any losses, including lost revenue, data corruption, or unauthorized access. The Company is also not responsible for disputes between Users and third parties, including disputes related to copyright claims, earnings distribution, or licensing issues.
8. DISPUTE RESOLUTION
Disputes arising from this Agreement shall first be attempted to be resolved through good-faith negotiations between the parties. If negotiations fail, disputes shall be referred to the jurisdiction of competent courts in India. The governing law for this Agreement shall be the laws of India, without regard to conflict of law principles. Users waive any rights to class-action lawsuits and agree to pursue claims on an individual basis.
9. FORCE MAJEURE
The Company shall not be held liable for any failure to perform obligations under this Agreement due to unforeseen circumstances beyond its reasonable control. Such events include but are not limited to natural disasters, legal restrictions, cyberattacks, and disruptions in telecommunications or financial networks. In such cases, obligations under this Agreement shall be suspended until normal operations resume.
10. FINAL PROVISIONS
This Agreement constitutes the entire agreement between the User and the Company regarding the use of the Service. Any amendments to this Agreement shall be published on the Company’s website and shall take effect immediately upon publication. Users must direct all inquiries related to this Agreement to the Company’s official support email. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full effect.
For any concerns or queries, Users may contact Phonographic Aggregation Private Limited at support@phonographic.org.