ARTISTONE TERMS OF USE

PLEASE READ THESE ARTISTONE TERMS OF USE (“TERMS”) CAREFULLY BEFORE USING ARTISTONE WHICH IS WHOLLY OWNED AND OPERATED BY SAAVN MEDIA LIMITED, HAVING ITS REGISTERED ADDRESS AT 9TH FLOOR, MAKER CHAMBERS IV, 222, NARIMAN POINT, MUMBAI, MAHARASHTRA-400021, INDIA (“SML”). BY USING ARTISTONE IN ANY MANNER, YOU OR YOUR REPRESENTATIVES (COLLECTIVELY, “YOU”) AGREE TO HAVE READ AND FULLY UNDERSTAND THE TERMS AND CONDITIONS HEREIN. IF YOU ARE AN AGENT ACTING ON BEHALF OF A PRINCIPAL, YOU AGREE THAT YOU ARE ACCEPTING THESE TERMS ON BEHALF OF SUCH PRINCIPAL AND THAT YOU HAVE THE AUTHORITY TO BIND SUCH PRINCIPAL TO THESE TERMS. IF YOU DO NOT UNCONDITIONALLY AGREE TO ALL THE TERMS AND CONDITIONS HEREIN, THEN YOU HAVE NO RIGHT TO USE ARTISTONE. USE OF ARTISTONE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL TERMS AND CONDITIONS OF THESE TERMS. YOUR USE OF ARTISTONE IS SUBJECT TO SML’S AND SML’S , THE TERMS OF WHICH ARE INCORPORATED HEREIN. IN THE EVENT OF ANY CONFLICT BETWEEN A PROVISION OF SML’S TERMS OF USE OR PRIVACY POLICY AND THE PROVISIONS THESE TERMS, THE PROVISIONS OF THESE TERMS WILL CONTROL TO THE EXTENT OF SUCH CONFLICT.

1. ACCESS TO ARTISTONE. ArtistOne is a service offered by SML that enables you to better understand and engage your audience and presence on the JIOSAAVN-branded apps and website (collectively, “JioSaavn”). The dashboard and any other features, content, or application services (including without limitation any mobile application services) offered by SML in connection therewith (collectively, “ArtistOne”) are wholly owned and operated by SML. Subject to the terms and conditions of these Terms, SML may provide certain content, data, and services to you (together with ArtistOne, the “Services”), solely for your own use and benefit, and not for the use or benefit of any other party. The term “Services” includes, without limitation, use of ArtistOne, any service SML performs for you and the Content (as defined below) offered by SML on ArtistOne. SML may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or Content. SML may also impose limits on certain features and services, or restrict your access to parts of or to ArtistOne in its entirety without any liability or notice to you. SML reserves the right, in its sole discretion, to modify these Terms at any time by posting a notice on ArtistOne, or by sending you a notice via email or postal mail. You shall be responsible for reviewing and becoming familiar with any such modifications. Your use of the Services following such notification constitutes your acceptance of the terms and conditions of these Terms as modified.

   You represent and warrant to SML that: (i) if you are an individual (i.e., not a corporation), you are of legal age to form a binding contract or have your parent’s permission to do so, and you are at least 13 years of age or older; (ii) all registration information you submit is accurate and truthful; and (iii) you will maintain the accuracy of such information. You also certify that you are legally permitted to use and access the Services and take full responsibility for the selection and use of and access to the Services. These Terms are void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.

2. ARTISTONE, SERVICES, AND CONTENT.
   1. ArtistOne provides data and information to help you manage your content, grow your audience, and better understand your listeners. ArtistOne is provided to you free-of-charge. You acknowledge that we provide the data and information to you for free in exchange for your use and contribution of content to the Services.
   2. ArtistOne, the Services, and the Content are the property of SML or its licensors. SML grants you a limited, non-exclusive, revocable license to use ArtistOne, and a limited, non-exclusive, revocable license to make personal, non-commercial use of the Content and to use ArtistOne for commercial use to promote your content and personal brand. You agree that you will use the Content solely for your own personal, non-commercial use or commercial use solely as permitted by these Terms, and that you will not redistribute or transfer any of the Content. SML and its licensors retain ownership of all Content. For example, you may use ArtistOne for the following permitted uses, including, but not limited to: (i) to inform and influence programming and performance decisions; and (ii) to gain brand sponsorships with third parties.
   3. ArtistOne, the Services, and their contents are intended solely for the use of registered users of the Services and may only be used in accordance with the terms of these Terms. All materials displayed or performed on the Services (including, but not limited to text, graphics, images, illustrations, videos, messages, information, playlist information (collectively, the “Content,”) are protected by copyright. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Services, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content or third party submissions or other proprietary rights not owned by you: (i) without the express prior written consent of the respective owners, and (ii) in any way that violates the rights of any third party.
   4. ArtistOne and the Services are protected by copyright as collective works and/or compilations, pursuant to Indian Copyright Act (as amended from time to time), U.S. copyright laws, international conventions, and all other applicable copyright law. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section 2), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part.
   5. You shall not store any significant portion of any Content in any form. Downloading, copying or storing of any Content other than as expressly permitted by SML is prohibited without prior written permission from SML.
   6. Under no circumstances will SML be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via the Services. You acknowledge that all Content accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.
   7. User Content. You may post, upload, and/or contribute content to the Services (which may include, for example, videos, text, messages, information, playlist information, and/or other types of content. (“User Content”). You agree and represent that with respect to any User Content you post on the Services, (1) you have all rights to such User Content (2) such User Content, does not violate any agreements, applicable law, or the intellectual property of any other artist, label, entity or any individual (3) no royalties or other fees will be payable by SML to any third party for the distribution or exploitation of such User Content, and (4) all User Content you submit to the Services is correct, accurate, and does not contain Objectionable Content.
   8. Restrictions on User Content. You agree not to use, store, upload, modify, publish, transmit, update or share any information, including User Content, that:
      1. belongs to another person and to which you do not have any right;
      2. is grossly insulting, harmful, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy including bodily privacy, hateful, harassing on the basis of gender, racially or ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or an online game that causes user harm, hurts the religious sentiments of any community or promotes enmity between different groups on the grounds of religion or caste with the intent to incite violence, spreads misinformation pertaining to established facts or otherwise inconsistent with or contrary to the laws in force;
      3. harms minors in any way;
      4. infringes any patent, trademark, copyright, or other proprietary rights;
      5. violates any law for the time being in force;
      6. deceives or misleads the addressee about the origin of such Content or communicates any Content which is grossly offensive or menacing in nature, or, in respect of any business of the Central Government, is identified as fake or false or misleading by such fact-check unit of the Central Government as the Ministry may, by notification published in the Official Gazette, specify;
      7. impersonates another person;
      8. contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer resource;
      9. is in the nature of an online game that is not verified as a permissible online game;
      10. is in the nature of advertisement or surrogate advertisement or promotion of an online game that is not a permissible online game, or of any online gaming intermediary offering such an online game;
      11. threatens the unity, integrity, defence, security, or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence, or prevents investigation of any offence or is insulting any other nation;
      12. contains and/or spreads misleading information regarding the origin of the content;
      13. is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity, or agency for financial gain or to cause any injury to any person, or otherwise contains any objectionable content.
   All content listed in Section 2(h) above is “Objectionable Content” and shall be subject to applicable laws and regulations and may be disabled, taken down, or may be subject to an investigation under appropriate laws. Furthermore, if you are found to be in non-compliance with the applicable laws and regulations, these Terms of Use and/or the Privacy Policy, SML, shall at its sole discretion, have the right to terminate your account and/or block your feed or access to the Services and/or ArtistOne.

3. RESTRICTIONS You warrant, represent and agree that you will not use the Services or ArtistOne or otherwise use the Content in a manner that (i) infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; (ii) violates any law, statute, ordinance or regulation; (iii) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, or otherwise objectionable; (iv) involves commercial activities and/or sales without SML’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; (v) impersonates any person or entity, including without limitation any employee or representative of Company; (vi) exposes confidential or proprietary information of a third party, (vii) contains a virus, trojan horse, worm, time bomb, or other harmful computer code, file, or program, or (viii) competes in any way with SML’s business as presently conducted or proposed to be conducted in the future. These restrictions as set forth herein apply to both you, your Invitee(s) (as defined below), and any other person or entity that accesses or uses your account. SML reserves the right to remove any Content from the Services at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Company is concerned that you may have breached the immediately preceding sentence), or for no reason at all. You are responsible for all of your activity in connection with the Services. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to access or use the Services. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other user of the Services. Use of the Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material (including material that may be considered threatening or obscene), or engage in any kind of illegal activity is expressly prohibited. You will not decompile, reverse engineer, or otherwise attempt to obtain the source code of the Services. You will be responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments associated with your activity in connection with the Services.

   All of SML’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features (the “SML Marks”) are the sole property of SML. These Terms do not grant you any rights to use any SML Marks whether for commercial or non-commercial use, and all goodwill generated from the use of any SML Marks will inure solely to SML.

4. WARRANTY DISCLAIMER. SML has no special relationship with or fiduciary duty to you. You acknowledge that SML has no control over, and no duty to take any action regarding: which users gain access to the Services; what Content you access via the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release SML from all liability for you having acquired or not acquired Content through the Services. The Services may contain information that some people may find offensive or inappropriate. SML makes no representations concerning any content contained in or accessed through the Services, and SML will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services. SML makes no representations or warranties regarding suggestions or recommendations offered through the Services. THE SERVICES, ARTISTONE, AND ALL CONTENT, ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.

   You acknowledge that ArtistOne is a free service that we provide to you for use at our sole discretion. We do not guarantee that ArtistOne or the data we collect and provide to you will be error-free or that mistakes, including mistakes in the insights that we provide to you, will not occur from time to time. We will take all reasonable efforts to address or correct any mistakes in the Services. You agree that you will hold us harmless against any damage, liability, or costs that you incur as a result of an error, mistake, or glitch in the Services or arising from your use of the data. All data is provided to you on an “as is” basis. You use all such data provided by us at your sole risk and discretion.

   SML will make reasonable efforts to provide ArtistOne to you. Technical difficulties or maintenance may result in temporary interruptions. SML makes no assurances that ArtistOne will be available on a continuous basis. SML reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of ArtistOne, with or without notice, all without liability to you, except where prohibited by law.

5. PRIVACY POLICY. For information regarding SML’s treatment of personally identifiable information, please review SML’s Privacy Policy, which is hereby incorporated by reference. Your acceptance of these Terms constitutes your acceptance and agreement to be bound by JioSaavn’s Privacy Policy.

6. REGISTRATION AND SECURITY. As a condition to using the Services, you will be required to create and register a username and password (together your “Company User ID”). You shall provide JioSaavn with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of these Terms, which may result in the immediate termination of your account. You may not (i) select or use as a Company User ID a name of another person with the intent to impersonate that person; or (ii) use as a Company User ID a name subject to any rights of a person other than you without appropriate authorization. SML reserves the right to refuse registration of or cancel a Company User ID at its discretion. You are solely responsible for maintaining the confidentiality of your password and for all use of your user name and password. If your username or password is lost or stolen, or if you believe there has been unauthorized access to your account, please notify us immediately and change your password as soon as possible. You will also be required to register with SML a verifiable Twitter account and/or Facebook account and/or YouTube Channel, for which you agree to provide the necessary page name(s), @username(s), URL(s), etc.

   You may invite designated representatives such as managers or other team members (“Invitee(s)”) to access your ArtistOne account. SML shall have no obligation or responsibility to verify the identity or monitor the use of any Invitee, and you are solely responsible for the activities of your Invitee(s) and their strict compliance with these Terms while using and accessing your ArtistOne account.

7. INDEMNITY. You shall indemnify and hold SML, its parents, subsidiaries, affiliates, officers, suppliers, licensors, and employees harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) from any claim or demand made by any third party due to or arising out of your access to the Services, use of the Services, your violation of these Terms, any User Content or the infringement by you or any third party using your account of any intellectual property or other right of any person or entity.

8. LIMITATION OF LIABILITY. IN NO EVENT SHALL SML OR ITS SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE ARTISTONE OR THE SERVICES OR THE SUBJECT MATTER OF THESE TERMS UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF $100; (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (III) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR (IV) FOR ANY MATTER BEYOND SML’S REASONABLE CONTROL.

9. TERMINATION. These Terms shall remain in full force and effect while you use the Services. You may terminate your use of the Services at any time. SML may terminate or suspend your access to the Services at any time, for any reason, and without warning, which may result in the forfeiture and destruction of all information associated with your account. SML may also terminate or suspend any and all Services and access to the ArtistOne immediately, without prior notice or liability, if you breach any of the terms or conditions of these Terms. Upon termination of your account, your right to use the Services, access the ArtistOne, and any Content will immediately cease. All provisions of these Terms which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

10. MISCELLANEOUS. The failure of either party to exercise, in any respect, any right provided for herein shall not be deemed a waiver of any further rights hereunder. SML shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond SML’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable. These Terms are not assignable, transferable or sublicensable by you (in whole or in part) except with SML’s prior written consent. SML may transfer, assign or delegate these Terms and its rights and obligations without consent. The parties agree that these Terms are the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms (provided that if a separate written agreement with respect to SML’s products or services exists between you and SML, the terms and conditions of that written agreement shall take precedence over these Terms in the event of any conflict), and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of these Terms and you do not have any authority of any kind to bind SML in any respect whatsoever. Headings for each section have been included above for your convenience, but such headings do not have any legal meaning, and may not accurately reflect the content of the provisions they precede.

11. ARBITRATION; GOVERNING LAW. These Terms shall be governed by and construed in accordance with the laws of India without regard to the conflict of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by courts in Mumbai, India using the English language.

12. CONTACT. If you have any questions, complaints, or claims with respect to the Services, please contact us at:
    Mailing Address:
    8th Floor, lnnov8 by OYO, S11 Unit 1181, 1182,
    Solitaire Corporate Park, Chakala, Andheri (East),
    Mumbai Suburban, Mumbai, Maharashtra - 400093
    India
    
    Email Address:feedback@saavn.com

Last Updated: June 3rd, 2021