Terms - JIOSaavn.Co
This Agreement applies to all users of the Site, including individuals who register with the Site and Christian ministries that register with the Site. The term "user" refers to Registered Individual Users, Registered Ministry Users and anyone else who accesses or uses the Site. JioSaavn.co may modify this Agreement from time to time without notice, and such modification shall be effective upon posting to the Site. You agree to be bound by any modifications to this Agreement when you access or use the Site after any such modification is posted to the Site. It is therefore important that you review this Agreement regularly.
Rights to Content:
You represent and warrant that: (a) you have all rights in and to your User Submissions (whether through ownership or licenses, consents, and permissions from the owner) required for (i) you to lawfully submit your User Submissions to the Site and grant the rights to your User Submissions provided in this Agreement, and (ii) your User Submissions to be posted and transmitted to and through the Site for the purposes contemplated by the Site and this Agreement; (b) you have all required licenses, consents, releases and/or permissions to use the name and/or likeness of each identifiable individual person in your User Submissions in the manner contemplated by the Site and this Agreement, and (c) the posting and transmission of your User Submissions on and through the Site for the purposes contemplated by the Site and this Agreement does not violate the privacy rights, publicity rights, copyrights, patents, trademarks, contract rights or any other rights of any person or entity.
JioSaavn.co prohibits the submission of any copyrighted material without the user first obtaining the prior written consent of the copyright owner. If you are a copyright owner or an agent thereof and believe any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act by providing our Copyright Agent with the following information in writing (see 17 U.S.C. 512(c)(3) for further details):
(a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
(d) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
(e) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(f) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You agree not to submit or post any User Submission to the Site, or transmit any User Submission through the Site, that (a) is contrary to the Word of God and of Jesus Christ and His teachings, or constitutes blasphemy, or is otherwise offensive to our online Christian community, (b) violates any patents, copyrights, trademarks or other intellectual property rights, (c) is illegal, obscene, pornographic, defamatory, or libelous, (d) is abusive, hateful, harassing, or threatening, (e) promotes bigotry, racism, or hatred against any group or individual, (f) is false, misleading or constitutes a misrepresentation, (g) encourages conduct that could be illegal or give rise to civil liability or is otherwise inappropriate, or (h) promotes the exploitation of, or solicits information from, any person under the age of eighteen. You understand and agree that JioSaavn.co reserves the right to review, edit, block, and delete any of your User Submissions for any reason at any time without notice, including without limitation, if JioSaavn.co determines in its sole discretion that a User Submission is prohibited as provided above or otherwise violates this Agreement.
Use of Web Site; Non-Commercial Use:
The JioSaavn.co Web Site is meant for ministry and personal use only and may not be used in connection with any commercial activities or endeavors or the sale of any services or products without our express prior written approval.
You agree not to: (a) initiate or operate any sweepstakes, contests, advertising barter or pyramid schemes on or through the Site; (b) solicit personal identifying information for commercial or unlawful purposes from other users; (c) transmit any form of chain letters or junk email to other users; (d) use any information obtained from or through the Site (i) to abuse, harass, or harm another person, (ii) for any illegal activity, or (iii) without our prior written approval, to advertise to, contact for commercial purposes, solicit, or sell to any other user; (e) use the Site for, or conduct on or through the Site, any illegal and/or unauthorized activities; or (f) establish any unauthorized framing of or linking to the Site.
JioSaavn.co reserves the right to restrict the number of emails which a user may send to other users in any twenty four (24) hour period to a number which JioSaavn.co deems appropriate in its sole discretion. If you send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the Site you acknowledge that you will have caused substantial harm to JioSaavn.co that will be difficult, if not impossible, to ascertain. As liquidated damages for such harm, you agree to pay JioSaavn.co twenty-five dollars ($25.00) for each such unsolicited email or other unsolicited communication you sent through the Site. Such liquidated damages shall be in addition to any and all other rights, remedies and damages to which JioSaavn.co may be entitled to under this Agreement, at law or in equity.
While JioSaavn.co assumes no responsibility for monitoring the Site, it will, when it deems it appropriate, investigate activity in connection with the Site that JioSaavn.co believes may be illegal, unauthorized or a breach of the terms of this Agreement. If deemed appropriate by JioSaavn.co, it will initiate appropriate legal action with respect to such activities, including without limitation, criminal, civil and injunctive redress. JioSaavn.co reserves the right to restrict your activity on, and/or block your access to, the Site any time for any reason without notice to you.
Disputes between Users:
The resolution of disputes that may arise between users is the sole responsibility of the users and JioSaavn.co has no liability or obligation with respect to any such disputes.
LIMITATION OF LIABILITY:
IN NO EVENT SHALL JioSaavn.co OR THEIR RESPECTIVE AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND ASSIGNS (THE "JioSaavn.co GROUP") BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, WHETHER BASED ON AN ACTION OR CLAIM IN CONTRACT, EQUITY, NEGLIGENCE, TORT OR OTHERWISE, ARISING FROM YOUR ACCESS OR USE OF THE SITE, CONTENT OR USER SUBMISSIONS OR YOUR INTERACTION WITH OTHER USERS, EVEN IF JioSaavn.co HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, THE LIABILITY OF ANY MEMBER OF THE JioSaavn.co GROUP TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO JioSaavn.co FOR YOUR REGISTRATION WITH THE SITE AND YOUR USE OF THE JioSaavn.co SERVICES DURING THE TERM OF YOUR USE. NO CAUSE OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE SITE, CONTENT OR USER SUBMISSIONS MAY BE BROUGHT BY ONE PARTY AGAINST THE OTHER PARTY MORE THAN TWO (2) YEARS AFTER THE CAUSE OF ACTION ACCRUED. THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS, "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR".
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS JioSaavn.co AND THEIR RESPECTIVE AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSEES AND ASSIGNS, AND ALL OTHER USERS FROM AND AGAINST ANY AND ALL ROYALTIES, FEES, DAMAGES, PENALTIES, CLAIMS, COSTS AND LOSSES ARISING IN CONNECTION WITH ANY OF YOUR USER SUBMISSIONS OR YOUR BREACH OF ANY OF THE TERMS OF THIS AGREEMENT.
YOU AGREE TO THE EXCLUSIVE PERSONAL JURISDICTION AND VENUE OF THE FEDERAL AND STATE COURTS IN AUSTIN COUNTY, TEXAS TO ADJUDICATE ALL CLAIMS, CONTROVERSIES AND DISPUTES THAT MAY ARISE BETWEEN YOU AND ANY MEMBER OF THE JioSaavn.co GROUP; PROVIDED THAT EITHER YOU OR JioSaavn.co MAY DEMAND THAT SUCH DISPUTES BE SUBJECT TO BINDING ARBITRATION HELD IN DALLAS, TEXAS BEFORE ONE ARBITRATOR IN ACCORDANCE WITH THE ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION, SUBJECT TO EACH PARTY? RIGHT TO SEEK INJUNCTIVE RELIEF IN A COURT OF COMPETENT JURISDICTION.
This Agreement will be governed by the substantive laws of the United States of America and the State of Texas (without giving effect to any choice-of-law rules that may require the application of the laws of another jurisdiction). This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof, superseding any previous or contemporaneous representations, understandings or agreements with respect thereto. There is no partnership, employee-employer, agency, franchisor-franchisee or joint venture relationship between JioSaavn.co and any user. If any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall continue in full force and effect. The failure of JioSaavn.co to enforce any of the terms of this Agreement or exercise any of its rights under this Agreement shall not constitute a waiver of such terms or rights. No waiver of any of the terms or rights in this Agreement shall be deemed a further or continuing waiver of such terms or rights.