terms

TERMS OF USE

This document is an electronic record published in accordance with the Information Technology Act, 2000 and Rules made thereunder for access or usage of www.isracopyright.com (“Website”). This Website (ie www.isracopyright.com) is owned and registered by Indian Singers' And Musicians' Rights Association (ISAMRA), formerly Indian Singers' Rights Association (ISRA), a company duly existing and incorporated under the provisions of the Indian Companies Act, 1956, and having its registered office at 2208, Lantana, Nahar Amrit Shakti, Chandivali, Andheri (E), Mumbai 400 072, Maharashtra, INDIA (Company Identification Number: U91100MH2013NPL242907).

All Users agree to adhere to the terms and conditions ("Terms of Use") relating to the use of this Website (ie www.isracopyright.com) ("Website"). These Terms of Use (“Terms and Conditions”) apply to (a) all visitors and (b) registered users of the Website. By accessing, using and/or downloading materials from this Website you agree on your own behalf and on behalf of each entity and person on whose behalf you act to abide by these terms and conditions. IPRS reserves the right to change these Terms and Conditions at any time by posting changes online and it is your responsibility to refer to and comply with them on accessing the Website. Your continued use of this Website after changes are posted constitutes your acceptance of these Terms and Conditions as modified and that if you do not wish to be bound by the terms and conditions you should close the Website and cease to use/access/browse the Website and its services. These terms and conditions are separate from and do not alter or supersede in anyway the terms or conditions of any other agreement You may have with Us, or Our subsidiaries or affiliates, for other Services or otherwise. This Website may also offer specific services which will have separate or additional terms of use applicable to them, and You agree to comply with any such additional terms of use where these are provided in relation to any service. ISRA does not guarantee that the information and facilities available on the Website will be provided without any interruptions or errors or the server making the Website available is free from viruses or other dangerous element.

Please read these TERMS AND CONDITIONS carefully before using the Website:

1. Interpretation :

a.  References to “You, “Your”, “End User” shall mean the user of the Website, and “ISRA”, “We”, “Us” and “Our” shall mean ISRA, our members, our affiliates, licensees, agents, officers, employees, technicians and partners.

b.  “Parties” shall mean You and Us, and “Party” shall mean a reference to either You or Us.

2. Website Information 

All information available on the Website is provided without any liability whatsoever to ISRA. The information on this Website is merely to provide information on the present services offered by “ISAMRA” and the rules and regulations prescribed for use of the services made available therein. The User is bound and responsible for use of any services provided on the Website, including reviews, and is subject to the rules, guidelines, policies, terms, and conditions applicable to such services, which form an integral part of these Terms of Use. Certain information on the Website, at times, may be incorrect and ISAMRA does not provide any express or implicit guarantee as to its correctness. ISAMRA reserve the right, in its sole discretion, to generally add, remove, amend or modify the content/information at any time and in particular when up-dating or for maintenance purposes of the Website or modify or terminate any or all of the services offered on this Website at any given time in the future without notice. IPRS shall not be liable to you or any third party for any modification to or withdrawal of the Website.

The User shall be responsible to check these Terms of Use periodically for changes. Continued use of the Website following the posting of changes will mean that the User expressly accepts and agrees to the changes. ISAMRA grants such User a personal, non-exclusive, non-transferable and limited right to use the Website.

ISAMRA does not guarantee that the information on the Website complies with your local legislation if the User has chosen to access the Website from a different location other than India. 

3. Membership Eligibility 

The User represents he is a person who can form legally binding contracts under Indian Contract Act, 1872, and is not incompetent to contract, and neither a minor, nor an un-discharged insolvent, etc. If a minor, i.e., below 18 years of age, the User must not register himself with us and must not transact or use the Website. ISAMRA retains the right, in its sole discretion, to terminate the User’s membership and / or repudiate access to the Website, at any time, if it notices or discovers that the User is incompetent to contract as provided under the Indian Contract Act, 1872. Especially for minors, ISAMRA encourage parents and guardians to spend time online to participate in the interactive activities offered on our Website. 

4. User Responsibility 

The User shall alone and entirely be responsible to maintain the confidentiality and not reveal his/ her User ID and Password and all activities that occur under his/ her User ID and password and also transaction ID. The User agrees to provide any information required by ISAMRA, to be correct, accurate, current or complete and in accordance with the Terms of Use of this Website. In the event ISAMRA have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the Terms of Use, ISAMRA reserves the right to indefinitely suspend or terminate or block access to the Website to such User/s.  

5. Electronic Communications 

The User agrees and understands that he is communicating with ISAMRA through electronic mode / medium and consents to receive communications via electronic mode / medium from ISAMRA periodically and as and when required. ISAMRA may communicate with the User by e-mail or by such other modes of communication, electronic or otherwise as it deems fit. 

6. Use of Website 

a. End Users undertake not to use the Website or its Service either improperly or contrary to the provisions of applicable laws, regulations, rules, and good conduct. You may use this Website and its services, in a manner which does not infringe the rights of or restrict or inhibit the use and enjoyment of this Website by any third party.

b. Users in particular, undertake not to transmit through the Website or its services, material of obscene, offensive and libellous nature, discriminatory, harassing, defamatory, pornographic, paedophilic, vulgar, blasphemous or which is some way contrary to the principles of public order and good morals. Users shall not, through this website or its services, engage in unlawful conduct, including but not limited to, conduct which is defamatory, or which may harass, cause distress or inconvenience to any person.

c. You may not use the Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website.

d. You may not obtain or attempt to scrape data/information or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Website. You shall also not involve Yourself in the transmission of "junk mail," "chain letters," or unsolicited mass mailing, "phishing" or "spamming";

e. Where you are given secure access details, such as a username, password, etc. in order to access or use any services offered by ISAMRA or any part of this Website, you will keep such information secure at all times and treat it as strictly confidential. In the event that such information is leaked, revealed to or accessed by anyone else or where you become aware of a breach of confidentiality or any unauthorised use of this Website, you must notify us/ISAMRA. ISAMRA will not be liable for any misuse of any individual’s login credentials.

f. Users provided secure access to the ISAMRA Website and electronic resources may not introduce any computer contaminants, virus, malware, trojans or other contaminants which may degrade or adversely affect the Website, its functioning or the integrity and security of ISAMRA information/data. User shall not at any time try to gain unauthorized access or exceed the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;

g. Users shall not create a link to any web page of this Website without ISAMRA’s prior written consent or authorisation

h. In cases where ISAMRA has reason to believe there has been a breach of these terms and conditions, or that our intellectual property rights have been infringed, your access to this Website may be suspended or terminated by ISAMRA at any time with or without notice. 

7. Links to Third-Party /Linked Websites 

a.  The Website may contain links to other Websites (“Linked Sites”). The Linked Sites are not under the control of ISAMRA and ISAMRA is not responsible for the contents of any Linked Site(s), including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site.

b.  ISAMRA is not responsible for webcasting, or any other form of transmission received from any Linked Site. ISAMRA is providing access to these Linked Sites to you only as a convenience, and the inclusion of any link does not imply the endorsement/ association/control by ISAMRA of the said Website or any association with its operators.

c.  ISAMRA does not monitor or review the content of Linked Sites and the opinions expressed or material appearing on such Linked Sites are not shared or endorsed by ISAMRA. ISAMRA is not the publisher of such opinions or material.

8. Intellectual Property Rights 

1. You acknowledge and agree that all copyright and all information containing trademarks, including text, graphics, interface, logos, design, frames, sounds music, drawings, expression, etc, in all material or content contained within this Website shall remain at all times owned by ISAMRA or its licensors. You are permitted to use this material only as expressly authorised by ISAMRA. In no event the disclosures/information so made available in the Website can be interpreted as granting the User a license or right to use any of it. In the event of any such use the same shall be constituted as an infringement under the applicable laws.

b.  The names of actual companies mentioned in the Website may be the trademarks of their respective owners. ISAMRA does not grant any license in respect of such Intellectual Property.

c.  Any rights not expressly granted herein are reserved. Except, as expressly provided in the Terms of Use, no part of the Website and none of its content must be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without our express prior written consent.

d. The Website has multiple pages and content links which are periodically updated. Users should get in touch with ISAMRA in order to confirm accuracy and updating of content available on the Website.

e.  You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of any material or content on this Website.

f. The User may use information on the services available on the Website for downloading, provided that he (1) does not remove any proprietary notices on such documents; (2) uses such information only for personal, non-commercial informational purpose and does not copy or post such information on any networked computer or broadcast it in any media; (3) makes no modifications to any such information, and (4) does not make any additional representations or warranties relating to such documents.

g. ISAMRA value others’ intellectual property. In case the User finds that his/ her work has been copied in a way that constitutes copyright infringement, he may please write to ISAMRA admin@isracopyright.com.

9. Privacy 

1. Please see our separate Privacy Policy for information. Our current Privacy Policy is available at www.isracopyright.com/privacy-policy. Should the User object to such Information being transferred or used in this way, he is advised not to use this Website.

2. ISAMRA understands privacy concerns of the User and protection of his/ her personal information is of utmost priority and significance. ISAMRA stores and secures all personal information so collected as defined under the Information Technology Act, 2000, on computers that may be protected by physical and reasonable technological security measures and procedures in accordance with Information Technology Act, 2000 and Rules made there under.

10. Services and Payment 

While utilising any of the payment methods available on the Website, ISAMRA does not assume responsibility or liability whatsoever, in respect of any loss or damage that may arise directly or indirectly to the User due to:

• Lack of authorization for any transaction/s, or

• Exceeding the preset limit mutually agreed by the User and his/ her "Bank/s", or

• Any payment issues arising out of the transaction, or

• Decline of transaction for any other reason/s.

All payments made against the services on Website by the User shall only be accepted in Indian Rupees only.

While placing an order / accepting delivery of an order, the User must provide supporting valid photo ID document to establish the ownership of the order as also identity of the person making the payment, if any, for safe online shopping environment to Users. 

11. Cancellations / Refunds 

Cancellations of fees paid are permitted only up to 48 hours from the time fees is paid and 5% cancellation charges shall be levied on the total amount paid. No refunds are permitted if cancellations are not made within 48 hours of the payment made. Partial cancellations or modifications are not permitted.

12. Breach 

In case of breach of the Terms of Use or Privacy Policy or other rules and regulations, ISRA may limit activity of the User, immediately remove his/ her information, warn other Users of his/ her actions, temporarily / indefinitely suspend or terminate or block his/ her membership, and / or refuse the User access to the Website, in addition to the other remedies available to ISAMRA under the law, or ISAMRA failure to verify or authenticate any information provided by the User; or if it is believed that actions of the User may cause legal liability for him, other users or ISAMRA. ISAMRA may, at any time, in its sole discretion reinstate access to suspended User/s. A User who has been suspended or blocked may not register or attempt to re-register or use this Website in any manner whatsoever until such time that such user’s access is reinstated by ISAMRA. Notwithstanding the foregoing, ISAMRA reserves the right to recover any amounts due and unsettled by the User, if any, and take strict legal action including referring such matter to the appropriate police or other authorities for initiating criminal or other proceedings against the User. 

13. Indemnity 

The User shall indemnify and keep indemnified and hold harmless ISAMRA, its owner, licensees, affiliates, subsidiaries, and their respective officers, directors, agents, and employees, from any claim or demand or actions, including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of breach of these Terms of Use and Privacy Policy by him, or violation of any law, rules or regulations or the rights of a third party or any other User and/or arising in any manner from your entry to and use of the Website other than in accordance with these Terms and Conditions and any terms of use that apply in relation to specific services offered on the Website.

14. Limitation of Liability

1. Use of this website is entirely at the user’s own risk.

2. ISAMRA has provided this website and any information and content herein, strictly on "AS IS" basis without any express warranties. Further, to the fullest extent permitted by applicable law, ISAMRA excludes all liability for any direct, indirect, incidental, special or consequential damages, including damages for loss of profits, goodwill, use, data or other intangible losses resulting from (1) the use or the inability to use this website; or (2) the unauthorized access or alteration of the users transmissions or data, even if ISAMRA has been advised of the possibility of such damages. The User further agrees that ISAMRA is not responsible or liable to user for any threatening, defamatory, obscene, offensive or illegal conduct of other users or any infringement of others’ rights, including intellectual property rights, occurring on or through this website. If the user is dissatisfied with the use of this website or the materials available on it or with the terms of use, the user’s sole and exclusive remedy is to discontinue using the website. Without limiting any other provision of the terms of use, to the extent that any warranty of liability cannot be excluded, ISAMRA total liability is limited: to (1) the supply of the services / products provided herein and / or (2) payment of the cost towards services / products supplied.

3. The information, content and services included in or available through Website may include inaccuracies or typographical errors. ISAMRA cannot guarantee uninterrupted and totally reliable access to this Website, and therefore cannot guarantee that the information will always be completely up to date and free of mistakes/typographical errors and other errors. Furthermore, we cannot guarantee that this Website or the server that makes it available are free of viruses or bugs. To the extent permitted by applicable law, IPRS disclaims all warranties; express or implied, as to the accuracy, full functionality or reliability of the information/content/services contained in any of the materials on this Website and IPRS does not accept liability for any loss or damage arising as a result of problems with access.

4. ISAMRA may be informed of any errors/difficulties on this website by sending an email to : admin@isracopyright.com

5. To the maximum extent permissible by applicable law, in no event shall the ISAMRA be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever 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 Website.

15. Applicable Law, Dispute Resolution and Jurisdiction

1. This Agreement will be governed by the Laws of India and the Parties agree to submit to the exclusive jurisdiction of the Courts at Mumbai.

2. The Parties hereto agree and undertake to make reasonable efforts to settle any Dispute in an amicable manner. Additionally, a Party of the Dispute may deliver a notice of the Dispute to the other Party mentioning the particulars of the Dispute and any proposed or accepted reasonable course of action to amicably settle the Dispute. The Notice to the Service Agreement may be served on admin@isracopyright.com. To the extent practicable, the Parties shall continue to work together in respect of performance of these terms and conditions, pending the final outcome of any Dispute.

3. End User agrees that if ISAMRA does not exercise or enforce any legal right or remedy which is contained in this Agreement (or which ISRA has the benefit of under any applicable law), this will not be taken to be/constitute a formal waiver of the ISAMRA’s rights and that those rights or remedies will still be available to ISAMRA.

4. If any of these terms and conditions is deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above) then the invalid or unenforceable provision will be severed from these terms and conditions and the remaining provisions will continue to apply.

16. Grievance Officer 

In accordance with Information Technology Act, 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:

Mr. Tarun Joshi

Indian Singers' And Musicians' Rights Association (ISAMRA)

Formerly Indian Singers' Rights Association (ISRA)

Bunglow No. 36, Mhada Layout,

SVP Nagar, Four Bunglows,

Andheri (West), Mumbai 400 053

Telephone nos. +91 22 40104666, 40123666

E-mail: admin@isracopyright.com

Timing: (Monday – Friday) 1000 to 1800 hours

Please direct any questions or queries about these Terms and Conditions to: admin@isracopyright.com