Terms Of Sale for Businesses

Effective from July 1st, 2018

1. Introduction

Thanks for choosing Musicwhim. By registering for, or using the Musicwhim Service (as defined below), the company, organization, person or entity that you represent (“Entity”) is entering into a binding contract with One Musicwhim Entertainment Private Limited (“Musicwhim”, “company”, “we”, “us”, “our”). Entity’s agreement with the company includes these terms and conditions of use together with the mobile terms, and our privacy policy, as applicable (together the “Agreement”). This Agreement shall prevail over and overrule any additional company’s terms and conditions that Entity may need to accept in the course of registering for the company’s Service.

The “Musicwhim Service” as used in this Agreement means Musicwhim’s subscription-fee based monthly desktop and portable music streaming for commercial use.

By registering for the Musicwhim Service you warrant and represent that you are authorized to bind the Entity to this Agreement.

The Entity further warrants and represents that:

  1. It is registered in India and will only access the Musicwhim for business Service there;
  2. It complies with and will comply with the Musicwhim subscription requirements set out in section 3 below;
  3. Any registration information that it submits to Musicwhim is true, accurate and complete, and Entity agrees to keep it that way at all times;
  4. It is authorized to grant all permissions and licenses provided in this Agreement
  5. It shall comply with any laws and regulations that apply to its use of the Musicwhim Service; and
  6. It shall not use the Musicwhim Service for personal use and shall not allow any third party to do so.

2. Changes to the Agreement

Occasionally we may, in our discretion, make changes to the Musicwhim Service and the Agreement. When we make changes to the Agreement that we consider material, we’ll notify the Entity through the Musicwhim Service. By continuing to use the Musicwhim Service after those changes are made, Entity is expressing and acknowledging its acceptance of the changes.

3. Licence and assignment

The Musicwhim Service and the content provided through it are the property of Musicwhim or Musicwhim’s licensors, and we grant Entity a limited, non-exclusive, revocable licence to make commercial, use of the Musicwhim Service and to receive the media content made available through the Musicwhim Service in India only (the “Licence”). Entity agrees not to transmit or use the Musicwhim Service outside of the premises identified in the relevant Musicwhim Subscription. The Musicwhim software applications are licensed, not sold, to Entity, and Musicwhim retains ownership of all copies of the Musicwhim software applications even after installation on Entity Devices. Musicwhim may assign this Agreement or any part of them without restrictions. Entity may not assign this Agreement or any part of them, nor transfer or sub-licence Entity rights under this Licence, to any third party. All Musicwhim trademarks, service marks, trade names, logos, domain names, and any other features of the Musicwhim brand are the sole property of Musicwhim. This Licence does not grant Entity any rights to use the Musicwhim trademarks, service marks, trade names, logos, domain names, or any other features of the Musicwhim brand, whether for commercial or non-commercial use. You agree to abide by our User Guidelines in section 7 below, and not to use the Musicwhim Service (including but not limited to its content) in any manner not expressly permitted by the Agreement. Third party software libraries included in the Musicwhim Service are licensed to Entity either under this Agreement, or under the relevant third party software library’s licence terms.

4. Third Party Applications

The Musicwhim Service provides a platform for third party applications, websites and services to make available products and services to Entity (“Third Party Applications”), and Entity’s use of these Third Party Applications is subject to their terms of use. You understand and agree that Musicwhim is not responsible or liable for the behavior, features, or content of any Third Party Application.

5. Consideration

In consideration for the rights granted to Entity under this Agreement, Entity grants Musicwhim the right to allow the Musicwhim Service and our business partners to use the bandwidth on Entity’s Device in order to facilitate the operation of the Musicwhim Service.

So long as Entity subscribes to the Service, Musicwhim may use the name of the Entity and/or logo to identify Entity as a customer of the Service.

This Agreement is not intended to grant rights to anyone except Entity and Musicwhim, and in no event shall this Agreement create any third party beneficiary rights. Any failure by Musicwhim to enforce this Agreement or any provision thereof shall not waive Musicwhim’s right to do so.

6. User Guidelines

Entity may not use the Musicwhim Service in any manner that implies an endorsement, affiliation, cooperation or relationship between Entity and any artist, band, label, or entity unless Entity separately has obtained prior approval from such artist, band, label, or entity for the relevant use.

Musicwhim reserves the right, at any time, to remove or disable access to playlist compilations created and/or used by Entity in the Musicwhim Service, for any or no reason, including but not limited to playlist compilations that in Musicwhim’s sole discretion, violates this Agreement. Musicwhim may take these actions without prior notification to Entity.

In addition to the terms and guidelines set out in this Agreement, Entity agrees to comply with any additional terms or guidelines that may apply from time to time to use of the Spotify for business Service under a brand account/branded profile. Each Spotify for business Subscription is protected by a password and the Entity is solely responsible for keeping its password confidential and secure. Entity is responsible for all use of its username and password on the Spotify for business Service. If its username or password is lost or stolen, or if a suspected unauthorized access of the Entity’s Spotify for business Subscription occurs, please notify us immediately and change password as soon as possible.

All customer support matters shall be addressed to Musicwhim at http://www.musicwhim.com/help.

7. Copyright infringement

Musicwhim respects the rights of intellectual property owners. For details on Musicwhim’s copyright policy, please click here.

8. Technology limitations and modifications

Musicwhim will make reasonable efforts to keep the Musicwhim Service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. Musicwhim reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Musicwhim Service, with or without notice, all without liability to Entity for any interruption, modification, or discontinuation of the Musicwhim Service or any function or feature thereof. Entity understands and agrees that Musicwhim has no obligation to maintain, support, upgrade, or update the Musicwhim Service, or to provide all or any specific content through the Musicwhim Service.

9. Term and termination

This Agreement will continue to apply until terminated by either Entity or Musicwhim. Musicwhim may terminate the Agreement or suspend Entity’s access to the Musicwhim Service at any time, including in the event of Entity’s actual or suspected unauthorized use of the Musicwhim Service or non-compliance with this Agreement. If Entity or Musicwhim terminate this Agreement, or if Musicwhim suspends Entity’s access to the Musicwhim Service, Entity agrees that Musicwhim shall have no liability or responsibility to Entity. To learn how to terminate Entity’s Musicwhim Service, please contact Customer Service at http://musicwhim.com/help.

10. Warranty

We endeavor to provide the best service we can, but Entity understands and agrees that THE COMPANY SERVICE IS PROVIDED “AS IS”, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. USE OF THE MUSICWHIM SERVICE IS AT ENTITY’S OWN RISK. MUSICWHIM DISCLAIMS ANY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. In addition, Musicwhim does not warrant, endorse, guarantee or assume responsibility for any Third Party Applications, Third Party Application content, Posted Content, or any other product or service advertised or offered by a third party on or through the Musicwhim Service or any hyperlinked website, or featured in any banner or other advertising. Entity understands and agrees that Musicwhim is not responsible or liable for any transaction between Entity and third-party providers of Third Party Applications or products or services advertised on or through the Musicwhim Service. As with any purchase of a product or service through any medium or in any environment, Entity should use Entity’s judgment and exercise caution where appropriate. No advice or information whether oral or in writing obtained by Entity from Musicwhim shall create any warranty on behalf of Musicwhim in this regard.

11. Limitation

Entity agrees that, to the extent permitted by applicable law, Entity’s sole and exclusive remedy for any problems or dissatisfaction with the Musicwhim Service, the Third Party Applications or the Third Party Application content is to uninstall any Musicwhim software and to stop using the Musicwhim Service, the Third Party Applications or the Third Party Application content.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL ONE MUSICWHIM ENTERTAINMENT PRIVATE LIMITED, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS OR LICENSORS BE LIABLE FOR (i) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THEMUSICWHIM SERVICE, THIRD PARTY APPLICATIONS OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER MUSICWHIM HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (ii) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE MUSICWHIM SERVICE, THIRD PARTY APPLICATIONS OR THIRD PARTY APPLICATION CONTENT

Nothing in this Agreement removes or limits Musicwhim’s liability for fraud, fraudulent misrepresentation, death or personal injury caused by its negligence. Some aspects of this section may not apply in some jurisdictions.

12. Entire agreement

This Agreement constitutes all the terms and conditions agreed upon between Entity and the company and supersedes any prior agreements in relation to the subject matter of this Agreement, whether written or oral. Any additional or different terms or conditions in relation to the subject matter of the Agreements in any written or oral communication from Entity to Musicwhim are void. Entity represents that it has not accepted the Agreement in reliance on any oral or written representations made by Musicwhim that are not contained in the Agreement.

13. Notices

Musicwhim may send Entity notice with respect to the Musicwhim Service by sending an email message to the email address listed in the Entity’s Musicwhim Subscription information, by sending a letter via postal mail to the mailing address listed in Entity’s Musicwhim Subscription information, or by posting updates to the Agreement on Musicwhim.com. Notices shall become effective immediately.

14. Severability

Should any provision of this Agreement be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of this Agreement, and the application of that provision shall be enforced to the extent permitted by law.

15. Choice of law and venue

This Agreement is subject to the laws of India, without regard to choice or conflicts of law principles. Further, Entity and Musicwhim agree to the exclusive jurisdiction of the courts of India to resolve any dispute, claim or controversy that arises in connection with this Agreement.

Thank you for reading our Agreement. We hope you enjoy Musicwhim. One Musicwhim Entertainment Private Limited, No 2, 4th Main, Behind Regency School, A M S Layout Vidyaranyapura, North Bangalore Bangalore , Karnataka.