Terms of Service
Welcome to GAANAP.COM
"User" or "You" means any person who access or use the Site, the WAP Site, the Mobile Site, the Gaanap Applications or Gaanap Services for the purpose of hosting, listening, publishing, sharing, transacting, displaying or uploading information or views.
By accessing the Site, Gaanap Application or Gaanap Service and/or by clicking "I agree", you agree to be bound by these Terms. You hereby represent and warrant to the Company that you are at least eighteen (18) years of age or above and are capable of entering, performing and adhering to these Terms and that you agree to be bound by the following terms and conditions. You agree to register prior to uploading any content and / or comment and any other use or services of this site and provide your details including, but not limited to email address, contact number.
The Company reserves the right, at its discretion, to change, modify, add, or remove portions of these Terms at any time by posting the amended Terms. Please check these Terms periodically for changes. Your continued use of the Gaanap Service after the posting of changes constitutes your binding acceptance of such changes. In addition, when using any particular services, you may be subject to any posted guidelines or rules applicable to such services. All such guidelines or rules are hereby incorporated by reference into the Terms.
- GAANAP SERVICE, REGISTRATION AND ACCESS TO USE
The Gaanap Service provides its members with access to music over the Internet to the Gaanap Service ready devices.
- Registration:To register for the Gaanap Service you will be required to open an account by completing the registration process (i.e. by providing us with current, complete and accurate information as prompted by the applicable registration form). If you register using your email address, You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. In particular, as a parent or legal guardian, you acknowledge and assume sole responsibility to ensure that content which is meant for mature audiences (i.e, above the age of majority) is not accessed by children. Hence, you may not share your login credentials with your children. You expressly agree to absolve the Company and/or the Gaanap Service of any responsibility / liability in this regard.
- Facebook Connect: You may also register for the Gaanap Service by using your Facebook username and password. Using Facebook Connect allows us to personalize and enhance your experience while using the Gaanap Service, based on your personal information, profile, likes, and other relevant information. When you use this feature, you expressly consent to information about your activity on the Gaanap Service (i.e. what you have listened, what you have liked, ratings given by you, etc.).
By registering, you agree to the Terms stated herein and in addition to any other specific terms which shall be posted at an appropriate location of the Site, Gaanap Application. Each registration is for a single individual user only.
- Subscription: Your subscription to the Gaanap Service in a particular geographical territory shall be valid for that territory only and shall not automatically entitle you to access your account from a different geographical territory, unless specifically permitted by the Company. The content downloaded during subscription period is only allowed to be accessed from the Gaanap Service and is accessible only till subscription is active and in good standing.
- Access to use: To access the Gaanap Service, you will be asked to enter your individual user name and password, as chosen by you during your registration. Therefore, the Company does not permit any of the following:-
- Any other person sharing your account and Password;
- Any part of the Site being cached in proxy servers and accessed by individuals who have not registered with the Company as users of the Site; or
- Access through a single account and Password being made available to multiple users on a network.
If the Company reasonably believes that an account and password is being used / misused in any manner, the Company shall reserve the right to cancel access rights immediately without notice, and block access to all users from that IP address. Furthermore, you shall be entirely responsible for any and all activities that occur under your account. You agree to notify the Company immediately of any unauthorized use of your account or any other breach of security. The Company will not be liable for any loss that you may incur as a result of someone else using your password or account, however, you could be held liable for losses incurred by the Company or another party due to someone else using your account or password.
The availability of content through Gaanap Services will change from time to time. The quality of the music of the streaming may vary from computer to computer, and device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges.
- Geographic Limitation:
You may listen music through the Gaanap Service only in geographic locations where the Company offers the Gaanap Service. The content that may be available to listen will vary by geographic location. The Company may use technologies to verify your geographic location.
- Gaanap Service streaming software:
The Gaanap Service streaming software is developed and designed to enable streaming of content from the Gaanap Service through the Gaanap Service ready devices. This software may vary by device and medium, and functionalities may also differ between devices. This software is licensed to you pursuant to these Terms and solely for the purpose of using the Gaanap Service and for no other purpose whatsoever. The Company does not warrant the performance of the software, including its continuing compatibility with the Gaanap service. Any unauthorized use of the software is strictly prohibited and Gaanap Service reserves the right to not provide the software (including updates) to you at any time and to discontinue the ability to access the Gaanap Service through such software at any time, without prior or any notice.When you use a Gaana ready device, you expressly represent that you have the express authority to use such device and be liable for any transaction conducted through such device on the Site/Gaana Application.
- BILLING (If Applicable)
By signing up for the Gaanap Service, you are expressly agreeing that the Company is authorized to charge you subscription fee as per your selected plan, any other fees for additional services you may purchase, and any applicable taxes in connection with your use of the Gaanap Service through the credit card or other payment method accepted by the Company ("Payment Method") that you provided during registration. If you want to use a different Payment Method than the one you signed up for during registration, or if there is a change in your credit card validity or expiration date, you may edit your Payment Method information by clicking on your account. If your Payment Method expires and you do not edit your Payment Method information or cancel your account, you authorize us to continue billing, and you will remain responsible for any uncollected amounts.
As used in these Terms, "billing" shall indicate either a charge or debit, as applicable, against your Payment Method. The subscription fee will be billed at the beginning of your subscription and on each subsequent renewal (as per plan chosen by you) thereafter unless and until you cancel your subscription or the account or service is otherwise suspended or discontinued pursuant to these Terms. To see the commencement date for your next renewal period, go to the billing information section on your account page.
In order to sustain the Gaanap Service, it is important that you honor the payment obligations to which you have agreed. Accordingly, the Company reserves the right to pursue any amounts you fail to pay in connection with the Gaanap Service. You will remain liable to the Company for all such amounts and all costs incurred by the Company in connection with the collection of these amounts, including, without limitation, collection agency fees, reasonable attorneys´ fees, and arbitration or court costs.
You also understand and acknowledge that the Company only facilitates the third party payment gateway for processing of payment. This facility is managed by the third party payment gateway provider and you are required to follow all the terms and conditions of such third party payment gateway provider. You are responsible for the accuracy and authenticity of the information provided by you, including the bank account number/credit card details and the like. You agree and acknowledge that the Company shall not be liable and in no way be held responsible for any losses whatsoever, whether direct, indirect, incidental or consequential, including without limitation any losses due to delay in processing of payment instruction or any credit card fraud.
You can file any complain related to payment transfer at Site and the same forwarded to the concerned third party payment gateway provider for redressal.
- INTELLECTUAL PROPERTY RIGHTS AND LIMITED LICENSE
- Limited License: Subject to your compliance with the Terms herein, the Company hereby grants you a personal, limited, non-exclusive, non-transferable, freely revocable license to use the Gaanap Service for the personal and non-commercial viewing of videos only. Except for the foregoing limited license, no right, title or interest shall be transferred to you. Content on the Site/Gaanap Application and/or Gaanap Service is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of the respective owners. We reserve all rights not expressly granted in and to the Site/ Gaanap Application and/or Gaanap Service and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein. Any unauthorized use of the Contents or Gaanap Service will result in termination of the limited license granted by the Company and cancellation of your membership. Use of Site or Gaanap Service for any other purpose may result in severe civil and criminal penalties. The Company does not promote, foster or condone the copying of Content, or any other infringing activity. Violators will be prosecuted to the maximum extent possible.
- The Content: The content on the Gaanap Service including, without limitation, videos, software, text, graphics, interactive features, logos, photos, music and all other audible and visual materials, as well as the selection, organization, coordination, compilation and overall look and feel of the Site / Gaanap Application (collectively, the "Content") are the intellectual property of the Company, its licensors and its suppliers. The Content is protected by copyright, trade dress, patent, trademark and other laws, international conventions and proprietary rights and all ownership rights to the Content remain with the Company, its licensors or its suppliers, as the case may be. All trademarks, service marks, and trade names are proprietary to the Company or its affiliates and/or third party licensors.
- YOUR OBLIGATIONS
You hereby agree and assure the Company that the Site, Gaanap Application and/or Gaanap Service shall be used for lawful purposes only and that you will not violate laws, regulations, ordinances or other such requirements of any applicable Central, State or local government or any other international laws. You further concur that you shall not:
- circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Site / Gaanap Application or Gaanap Service.
- either directly or through the use of any device, software, internet site, web-based service, or other means copy, download, stream capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the Content unless expressly permitted by the Company in writing;
- either directly or through the use of any device, software, internet site, web-based service, or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content including geo-filtering mechanisms
- use the Site/ Gaanap Application or Gaanap Service in any manner that could damage, disable, overburden, or impair and not to undertake any action which is harmful or potentially harmful to any the Company´s servers, or the network(s), computer systems / resource connected to any the Company server, or interfere with any other party´s use and enjoyment of the Site/ Gaana Application or Gaana Service;
- obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site /Gaanap Application /Gaanap Service;
- perform any activity which is likely to cause such harm;
- carry out any "denial of service" (DoS, DDoS) or any other harmful attacks on application or internet service or;
- use the Site/ Gaanap Application or Gaanap Service for illegal purposes;
- disrupt, place unreasonable burdens or excessive loads on, interfere with or attempt to make or attempt any unauthorized access to any the Company website or the website of any the Company´s customer;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Site/ Gaanap Application or Gaanap Service
- attempt to gain unauthorized access to Gaanap Service, other accounts and computer systems through hacking, password mining or any other means. You shall not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site/ Gaanap Application or Gaanap Service;
- incorporate the Content into, or stream or retransmit the Content via, any hardware or software application or make it available via frames or in-line links unless expressly permitted by the Company in writing;
- create, recreate, distribute or advertise an index of any significant portion of the Content unless authorized by the Company;
- use or launch any "robots", "spiders", "offline readers" etc. or any other automated system, that accesses the Site/ Gaanap Application and / or Gaanap Service in a manner that sends numerous automated requests to Gaana Application /the Site´s servers in a given period of time, which a human cannot reasonably send in the same period by using conventional web browsing application or tool(s) for similar purposes.
- In addition, you are strictly prohibited from creating derivative works or materials that otherwise are derived from or based ,on the Content in any way, including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, unless it is expressly permitted by the Company in writing. This prohibition applies even if you intend to give away the derivative materials free of charge.
The Site may permit you to post user submissions including but not limited to reviews of Content available through the Gaanap Service, comments on such Content, etc (User Submissions). You understand that these User Submissions, once posted by you, are visible to all members since it is a public forum.
- PROHIBITED ACTIVITIES
You agree not to host, display, upload, modify, publish, transmit, update or share any information or User Submissions which
- belongs to another person and to which you do not have any right to;
- is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
- harm minors in any way;
- infringes any patent, trademark, copyright or other proprietary rights;
- violates any law for the time being in force;
- deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- impersonate another person;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
- 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;
- contain misleading information regarding the origin of the Content;
- or otherwise contains objectionable content.
- COLLECTION AND USE OF PERSONAL INFORMATION
- DISCLAIMER OF WARRANTIES AND LIABILITY
You understand and agree that the Company provides the Gaanap Service on an 'as-is' 'with all faults' and 'as available' basis. You agree that use of the Site/Gaanap Application or the Gaanap Service is at your risk. All warranties including without limitation, the implied warranties of merchantability, fitness for a particular purpose, for the title and non-infringement are disclaimed and excluded.
No representations, warranties or guarantees whatsoever are made by the Company as to the (a) accuracy, adequacy, reliability, completeness, suitability or applicability of the information to a particular situation; (b) that the service will be uninterrupted, timely, secure, or error-free; (c) the quality of any services, content, information, or other material on the website will meet your expectations or requirements; (d) any errors in the Site/Gaana Application will be corrected; (e) warranties against infringement of any third party intellectual property or proprietary rights; or (f) other warranties relating to performance, non-performance, or other acts or omissions of the Company, its officers, directors, employees, affiliates, agents, licensors, or suppliers.
The Company does not warrant that any of the software used and or licensed in connection with the Gaanap Service will be compatible with other third party software or devices nor does it warrant that operation of the Gaanap Service and the associated software will not damage or disrupt other software or hardware.