- Studio & Recording
- Live Sound
- Room Acoustics
- Software & Plug-ins
- Guitars
- Bass
- Keyboards & Synthesizers
- Microphones
- Drums & Percussion
- DJ Equipment
- Accessories
Terms & Conditions
Please
read the following terms and conditions very carefully as your use of
service is subject to your acceptance of and compliance with the
following terms and conditions ("Terms").
Privacy
Please
review our Privacy Policy, which also governs your visit to
ProMusical’s Website, to understand our practices. The personal
information /data provided to us by you during the course of usage of
ProMusicals Website will be treated as strictly confidential and in
accordance with the Privacy Policy and applicable laws and regulations.
If you object to your information being transferred or used, please do
not use the website.
Your User Account
Certain sections
of, or offerings from, the Site may require you to register. If
registration is requested, you agree to provide us with accurate,
complete registration information. Your registration must be done using
your real name and accurate information. Each registration is for your
personal use only and not on behalf of any other person or entity. We do
not permit (a) any other person using the registered sections under
your name; or (b) access through a single name being made available to
multiple users on a network. You are responsible for preventing such
unauthorized use.
Communications
When You use the Website or
send emails or other data, information or communication to us, You agree
and understand that You are communicating with Us through electronic
records and You consent to receive communications via electronic records
from Us periodically and as and when required. We may communicate with
you by email or by such other mode of communication, electronic or
otherwise.
Access to ProMusicals Website
We will do our
utmost to ensure that availability of the website will be uninterrupted
and that transmissions will be error-free. However, due to the nature
of the Internet, this cannot be guaranteed. Also, your access to the
website may also be occasionally suspended or restricted to allow for
repairs, maintenance, or the introduction of new facilities or services
at any time without prior notice. We will attempt to limit the frequency
and duration of any such suspension or restriction.
Limited User
The
User agrees and undertakes not to reverse engineer, modify, copy,
distribute, transmit, display, perform, reproduce, publish, license,
create derivative works from, transfer, or sell any information or
software obtained from the Website. Limited reproduction and copying of
the content of the Website is permitted provided that ProMusical's name
is stated as the source and prior written permission of ProMusical is
sought. For the removal of doubt, it is clarified that unlimited or
wholesale reproduction, copying of the content for commercial or
non-commercial purposes and unwarranted modification of data and
information within the content of the Website is not permitted.
User Conduct and Rules:
You agree and undertake that when using a Service, you will not:
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
Publish, post, upload, distribute or disseminate any inappropriate,
profane, defamatory, infringing, obscene, indecent or unlawful topic,
name, material or information;
Conduct or forward surveys, contests, pyramid schemes or chain letters;
Falsify or delete any author attributions, legal or other proper
notices or proprietary designations or labels of the origin or source of
software or other material contained in a file that is uploaded;
Any information provided by you on this site shall not be misleading in any way.
User Warranty and Representation:
The
user guarantees, warrants, and certifies that you are the owner of the
content which you submit or otherwise authorized to use the content and
that the content does not infringe upon the property rights,
intellectual property rights or other rights of others.
Promotions, Discounts and Coupons:
ProMusicals
reserves the right to offer the discounts/promotional offers to any
ProMusicals customer of its own choice and shall not be held liable to
any customer for not offering the same. The discounts/offers have been
made available at the sole discretion of ProMusicals and are subject to
change / amendment / modification from time to time. ProMusicals at its
sole discretion, may at any time discontinue the discounts/offers
without assigning any reasons or without any prior intimation
whatsoever.
The participation in discounts/offers is entirely
voluntary and it is understood that the participation by the customer
shall be deemed to have been made on a voluntary basis. All disputes are
subject to the exclusive jurisdiction of the competent courts/tribunals
of Chennai, Tamil Nadu, India.
Intellectual Property Rights:
Unless
otherwise indicated or anything contained to the contrary or any
proprietary material owned by a third party and so expressly mentioned,
Promusicals owns all Intellectual Property Rights to and into the
Website, including, without limitation, any and all rights, title and
interest in and to copyright, related rights, patents, utility models,
trademarks, trade names, service marks, designs, know-how, trade secrets
and inventions (whether patentable or not), goodwill, source code, meta
tags, databases, text, content, graphics, icons, and hyperlinks. You
acknowledge and agree that you shall not use, reproduce or distribute
any content from the Website belonging to ProMusicals’ Website without
obtaining authorization from ProMusicals
Notwithstanding the
foregoing, it is expressly clarified that you will retain ownership and
shall solely be responsible for any content that you provide or upload
when using any Service, including any text, data, information, images,
photographs, music, sound, video or any other material which you may
upload, transmit or store when making use of our various Service.
However, with regard to the product customization Service (as against
other Services like blogs and forums) you expressly agree that by
uploading and posting content on to the Website for public viewing and
reproduction/use of your content by third party users, you accept the
User whereby you grant a non-exclusive license for the use of the same.
Links To Third Party Sites:
The
Website may contain links to other websites ("Linked Sites").The Linked
Sites are not under the control of ProMusicals or the Website and
ProMusicals’ is not responsible for the contents of any Linked Site,
including without limitation any link contained in a Linked Site, or any
changes or updates to a Linked Site. ProMusical is not responsible for
any form of transmission, whatsoever, received by you from any Linked
Site. ProMusicals is providing these links to you only as a convenience,
and the inclusion of any link does not imply endorsement by ProMusicals
or the Website of the Linked Sites or any association with its
operators or owners including the legal heirs or assigns thereof. The
users are requested to verify the accuracy of all information on their
own before undertaking any reliance on such information.
Disclaimer Of Warranties/Limitation Of Liability:
We
have endeavoured to ensure that all the information on the Website is
correct, but We neither warrants nor make any representations regarding
the quality, accuracy or completeness of any data, information, product
or Service. In no event shall We be liable for any direct, indirect,
punitive, incidental, special, consequential damages or any other
damages resulting from: (a) the use or the inability to use the
Services; (b) unauthorized access to or alteration of the user's
transmissions or data; (c) any other matter relating to the services;
including, without limitation, damages for loss of use, data or profits,
arising out of or in any way connected with the use or performance of
the Website or Service. Neither shall We be responsible for the delay or
inability to use the Website or related services, the provision of or
failure to provide Services, or for any information, software, products,
services and related graphics obtained through the Website, or
otherwise arising out of the use of the website, whether based on
contract, tort, negligence, strict liability or otherwise. Further, We
shall not be held responsible for non-availability of the Website during
periodic maintenance operations or any unplanned suspension of access
to the website that may occur due to technical reasons or for any reason
beyond our control. The user understands and agrees that any material
and/or data downloaded or otherwise obtained through the Website is done
entirely at their own discretion and risk and they will be solely
responsible for any damage to their computer systems or loss of data
that results from the download of such material and/or data.
Indemnification:
You
agree to indemnify, defend and hold harmless ProMusicals from and
against any and all losses, liabilities, claims, damages, costs and
expenses (including legal fees and disbursements in connection therewith
and interest chargeable thereon) asserted against or incurred by
ProMusicals that arise out of, result from, or may be payable by virtue
of, any breach or non-performance of any representation, warranty,
covenant or agreement made or obligation to be performed by you pursuant
to these Terms.
Pricing:
Prices for products are
described on our Website and are incorporated into these Terms by
reference. All prices are in Indian Rupees. Prices, products and
Services may change at ProMusicals' discretion.
Refunds for payments made online:
Due
to limitations imposed by the payment gateways, any order for which
payment was made via online payment gateways can be processed for direct
credit of any refund only once in its lifetime. As such, once an order
has received a refund via direct credit through its banking partner,
ProMusicals will process any subsequent refunds (if any) only via
ProMusicals.
Termination:
We may suspend or terminate
your use of the Website or any Service if it believes, in its sole and
absolute discretion that you have breached a term of these Terms.
If
you or ProMusicals terminates your use of the Website or any Service,
ProMusicals may delete any content or other materials relating to your
use of the Service and ProMusicals will have no liability to you or any
third party for doing so.
You shall be liable to pay for any Service
or product that you have already ordered till the time of Termination by
either party whatsoever. Further, you shall be entitled to your royalty
payments as per the User License Agreement that has or is legally
deemed accrued to you
Governing Law:
These terms shall
be governed by and constructed in accordance with the laws of India
without reference to conflict of laws principles and disputes arising in
relation hereto shall be subject to the exclusive jurisdiction of the
courts at Chennai, Tamil Nadu, India.
Severability:
If
any provision of the Terms is determined to be invalid or unenforceable
in whole or in part, such invalidity or unenforceability shall attach
only to such provision or part of such provision and the remaining part
of such provision and all other provisions of these Terms shall continue
to be in full force and effect.
General Conditions
We reserve the right to modify or terminate the service for any reason, without notice at any time.
We reserve the right to alter these Terms of Use at any time. If the
alterations constitute a material change to the Terms of Use, we will
notify you via internet mail or call. What constitutes a "material
change" will be determined at our sole discretion, in good faith and
using common sense and reasonable judgement.
We reserve the right to refuse service to anyone for any reason at any time.
We reserve the right to force forfeiture of any username that becomes
inactive, violates trademark, or may mislead other users.
We may,
but have no obligation to, remove Content and accounts containing
Content that we determine in our sole discretion are unlawful,
offensive, threatening, libelous, defamatory, obscene or otherwise
objectionable or violates any party's intellectual property or these
Terms of Use.
We reserve the right to reclaim usernames on behalf
of businesses or individuals that hold legal claim or trademark on
those usernames.
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