This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
1. Acceptance of Agreement.
2. Age restriction
You are aware that Users must be at least Eigheen (18) years of age to use the Site. You hereby represent and warrant that you are at least Eighteen (18) years of age.
a. Product Quality
You agree that you shall have no claims against the Publisher regarding the quality of any products purchased by you from the Purchaser so long as the product in question is an accurate depiction of the image selected by you, on the medium selected by you.
b. Delivery of Order
Dispatch of the products (not applicable for digital products/services as mp3 files, albums or products available for digital downloads) will be made within seven days from the date of receipt of full payment. We are not responsible for any delay in delivery of the consignment due to any factor beyond our control. The products will be dispatched to the address mentioned in the order form. In case the products are to be dispatched to any other address, the same should be specified in the order form.
No order shall be considered confirmed until such confirmation is communicated to you in writing by the Publisher. You agree to render payment for any goods or services purchased from the Publisher on the Site in accordance with the terms hereof.
4. You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content and Materials contained in the Site, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content and Materials, to obtain or attempt to obtain any information through any means not purposely made available by the Publisher through the Site.
The Content and Materials, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyright, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site is strictly prohibited. You do not acquire ownership rights to any Content and Materials, document or other materials viewed through the Site except where the ownership rights to such Content and Materials already vested with you prior to upload to the Site. You acknowledge that some of the Content and Materials on the Site is the copyrighted work of third parties.
6. Limited License; Permitted Uses.
You are granted a non-exclusive, non-transferable, revocable license (a) to access and use the Site strictly in accordance with this Agreement; (b) to use the Site solely for internal, personal, non-commercial purposes; and (c) to print out discrete Content and Materials from the Site as permitted by the Publisher, solely for internal, personal, non-commercial purposes and provided that you maintain all copyright and other policies contained in such Content and Materials. No print-out or electronic version of any part of the Site or its Content and Materials may be used by you in any litigation or arbitration matter whatsoever under any circumstances.
7. Restrictions and Prohibitions on Use.
The Site may require you to register as a User by creating an Account. You agree to provide the Publisher with accurate, complete registration information. Each Account is for your personal use only and shall not be created on behalf of any other person or entity. You agree that any Account registered by you shall not involve (a) any person other than you making use of such Account; or (b) access through a single Account being made available to multiple users on a network. You hereby agree that you shall be liable for any failure to prevent such unauthorized use of your Account. Publisher may suspend any account suspected of unauthorized use at any time
Creating multiple Accounts for a single User with the purpose of abusing Publisher’s special offers is strictly prohibited and considered abuse of the Site. You agree that you will not take part in abuse of Publisher’s Special Offers through the creation of multiple accounts. Publisher may suspend, and not reinstate, any and all accounts belonging to a User suspected of such abuse.
9. Errors, Corrections and Changes.
The Publisher does not represent or warrant that the Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. The Publisher does not represent or warrant that the information available on or through the Site will be correct, accurate, timely or otherwise reliable. The Publisher reserves the absolute right to make changes to the features, functionality or Content and Materials of the Site at any time. The Publisher reserves the absolute right, in its sole discretion, to edit or delete any documents, information or other Content and Materials appearing on the Site and you agree that you shall have no recourse to the Publisher as regards any such editing or deletion.
10. Third Party Content.
Third party Content and Materials may appear on the Site or may be accessible via hyperlinks from the Site. The Publisher is not responsible for and assumes no liability whatsoever for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of Content and Materials appearing on the Site or accessible via hyperlinks from the Site.
11. Unlawful Activity.
You agree to indemnify, defend and hold the Publisher and its partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense, including reasonable attorneys’ fees, related to your violation of this Agreement or use of the Site.
Your right to use the Site is not transferable or assignable. Any password or right given to you to obtain information or documents or any other access to the Site is not transferable or assignable.
The content and material from or through the site are provided “as-is,” “as available,” with “all faults”, and all warranties, express or implied, are disclaimed (including but not limited to the disclaimer of any implied warranties of merchantability, non-infringement, freedom from error, and fitness for a particular purpose). The information and services may contain bugs, errors, problems or other limitations. The publisher and its affiliated parties have no liability whatsoever for your use of any information or service, except as provided in section 19(b). In particular, but not as a limitation thereof, the publisher and its affiliated parties are not liable for any indirect, special, incidental or consequential damages (including damages for loss of business, loss of profits, litigation, or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages. The negation and limitation of damages set forth above are fundamental elements of the basis of the agreement between the publisher and you. This site and the products, services, documents, content and materials and information presented would not be provided without such limitations. No advice or information, whether oral or written, obtained by you from us through the site or otherwise shall create any warranty, representation or guarantee not expressly stated in this agreement. All responsibility or liability for any damages caused by viruses contained within the electronic file containing a form or document is disclaimed.
15. Limitation of Liability
a. The Publisher and any Affiliated Party shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from the Site or any services or products obtainable there from; (b) the unavailability or interruption of the Site or any features thereof; (c) your use of the Site; (d) the Content and Materials contained on the Site; or (e) any delay or failure in performance beyond the control the Publisher or any Affiliated Party.
b. The aggregate liability of the publisher and the affiliated parties in connection with any claim arising out of or relating to the site and/or the products, information, documents and services provided herein or hereby shall not exceed one hundred rupees (Rs. 100) and that amount shall be in lieu of all other remedies which you may have against the publisher and any affiliated party.
16. Use of Information.
17. Third-Party Services.
a. The Publisher may allow access to or advertise certain third-party product or service providers (“Merchants”) from which you may purchase certain goods or services. You understand that the Publisher do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfilment, billing and customer service. The Publisher is not a party to the transactions entered into between you and Merchants. You agree that use of or purchase from such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY THE PUBLISHER, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANT-ABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES SHALL THE PUBLISHER BE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE HYPERLINKED TO OUR SITE.
b. All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on any Merchant sites. The Publisher shall not be responsible for information provided by you to Merchants. The Publisher and the Merchants are independent contractors and neither has authority to make any representations or commitments on behalf of the other.
You represent and warrant that if you are purchasing something from the Publisher or from Merchants that (i) any credit information you supply is true and complete; (ii) charges incurred by you will be honored by your credit card company; and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes.
20. Reliance on Information.
The Site may include statements concerning the Publisher’s operations, prospects, strategies, financial condition, future economic performance and demand for the Publisher’s products or services, as well as the Publisher’s intentions, plans and objectives (particularly with respect to product and service offerings), that are forward-looking statements. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are beyond the Publisher’s control. You acknowledge that such information is not intended to be a substitute for representations expressly made to you by the Publisher, if and when made, and that you rely upon such information at your sole risk and liability.
21. Links to other Web Sites.
The Site contains hyperlinks to other web sites. The Publisher disclaims all liability for the content, accuracy or opinions express in such web sites, and such web sites are not investigated, monitored or checked for accuracy, completeness or compliance with law by the Publisher. Inclusion of any hyperlinked web site on the Site does not imply approval or endorsement of the hyperlinked web site or any content thereof by the Publisher. If you decide to leave the Site and access these third-party sites, you acknowledge that you do so at your own risk.
22. Information and Press Releases.
The Site contains information and press releases about the Publisher. The Publisher disclaims any duty or obligation to update this information or any press releases. Information about companies other than the Publisher contained in any press release or otherwise, should not be relied upon as being provided or endorsed by the Publisher.
23. Legal Compliance.
You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and the Content and Materials provided therein.
This Agreement shall be treated as though it were executed and performed in Delhi, India, [and shall be governed by and construed in accordance with the laws of the Republic of India (without regard to conflict of law principles). All actions shall be subject to the limitations set forth in Section 18 and Section 19. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. This Agreement and all incorporated agreements and your information may be automatically assigned by the Publisher in its sole discretion to a third party in the event of an acquisition, sale or merger. Should any part of this Agreement be held invalid or unenforceable, that portion shall be severed and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. The Publisher’s failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The Publisher’s rights under this Agreement shall survive any termination or modification of this Agreement.
The Publisher may terminate your membership/Account or delete any Content and Materials uploaded by you to the Site at any time without notice for any reason including contravention of this Agreement or any applicable law.
Notwithstanding anything to the contrary contained herein, any legal controversy or legal claim arising out of or relating to this Agreement, excluding legal action taken by the Publisher to collect or recover damages for, or obtain any injunction relating to, Site operations, intellectual property, and our services, shall be settled solely by binding arbitration in accordance with the [Indian] Arbitration and Conciliation Act, 1996. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Chennai, India, and judgment on the arbitration award may be entered into any court having jurisdiction. Either you or the Publisher may seek any interim or preliminary relief from a court of competent jurisdiction in Chennai, India necessary to protect the rights or property of you and the Publisher pending the completion of arbitration. Subject to the foregoing, the courts of Delhi, India shall have jurisdiction over any dispute arising hereunder.
“We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time”
Music (MP3 format):
Only certain short listed Seller (at the sole discretion of Guitarmonk Records) shall be entitled to sell Music (MP3 format) on the Website. You may be able to purchase DRM-free digital music in MP3 file format on the Website from the respective Sellers. Such MP3 music files shall be provided to you as provided by Seller, subject to certain limitations as described by the Seller. You shall be granted specified download rights of DRM-free MP3 music files from the catalogue of MP3 music displayed on the Website. The MP3 music may include full-length MP3 audio tracks at best available bit rate and certain other premium features, as may be provided on the Website by respective Sellers from time to time.
You agree that we shall have no liability to you for MP3 music file downloaded by you on the Website if you find the same to be offensive, indecent or objectionable and expressions through the audio files are not subscribed by us.
Intellectual Property Rights:
Your request to download a MP3 music file is personal to you, and the track may not be used, sold, rented, transferred, licensed or otherwise provided to any other User. The license to downloaded tracks includes only those rights explicitly stated herein (typically, the right to play back for your own personal use from your personal computer, CD player, digital player, or other personal consumer electronic device), and, for the avoidance of doubt, does not include the right to create a derivative work, to make copies other than for your own personal use, or to use the track in any commercial manner. You shall promptly notify us in writing upon your discovery of any unauthorized use or infringement.