This agreement was published on 8 April, 2018
Welcome to the Studio Violina’s Digital Platform, which is at www.studioviolina.com. The following Terms and Conditions (T&C) contain the terms and conditions that govern your use of the website and Studio Violina Website Service (as below). Purchase of any product or service on the website constitutes your agreement to and acceptance of all the T&C.
Studio Violina Website reserves the right to revise this T&C in its sole discretion at any time and without prior notice to you other than by posting the revised T&C on the Site. Any revisions to the T&C are effective upon posting. The T&C will be identified as of the most recent date of revision. It is serving upon you to this page periodically to ensure your continued acceptance of this T&C. Your continued use of the Site after a revised version of this T&C has been posted by Studio Violina Website to the Site constitutes your binding acceptance of such revision and the revised T&C.
Notwithstanding the preceding sentences of this paragraph, no revisions to this T&C will apply to any dispute between you and Studio Violina Website that arose prior to the date of such revision.
1. The Studio Violina Website Service. Studio Violina Website provides Internet-based services and products through the Site. Studio Violina Website users may create and purchase individual Products for their own use or sell Products through the Site. Users who are artists or product owners and who would like to sell Products through Studio Violina Website must enter in to an Agreement with the Website.
2. Use of the Site and Studio Violina Website Service.
(a) Eligibility. Studio Violina Website will only knowingly provide the Studio Violina Website Service to parties that can lawfully enter into and form contracts under law. The artist or the product owner must provide the following data for their Songs, Music, Drama, Poem or Story – Wave Session Music, Lyrics, and Notation paper of the songs, Script. If you are under the age of 18, but at least 13 years of age, you may use the Studio Violina Website Service only under the supervision of a parent or legal guardian who agrees to be bound by these T&C. The Studio Violina Website Service is not intended for children under the age of 13.
(b) Compliance With T&C and Applicable Law. You must comply with all of the terms and conditions of these T&C, the applicable agreements and policies referred to below, and all applicable, regulations and rules when you use the Studio Violina Website Service and the Site.
(c) Your permission to Use the Site and the Studio Violina e-commerce site Service.
(i) Studio Violina Website is not liable to any rights of the products sold in the website. The artist or the product owner will contain all the legal rights, titles & interests. Also the artist or product owner in agreement with the T&C of Studio Violina Website will not have any legal rights of the Website. The legal rights & decision, titles & interests of the website lies in the hand of the Studio Violina Website owner himself (themselves).
(ii) An individual web page of the artist or product owner will be designed and launched under Studio Violina Website. The artist or product owner shall have no interference regarding the matter and must accept the designed web page.
(iii) The advertisements published in Studio Violina Website and the individual web page of the artist will be totally controlled by the Website. The artist or product owner will not have any authorization regarding the matter of advertisements in the Website and their opinion or objections will not be mandatory for the website to follow .
(iv) The Studio Violina Website Agreement of T&C is to be renewed annually for access and use of the site for the artists and product owners. If a product owner tempers with the product of any Studio Violina Website’s third party’s product, the legal action will be directed towards the person itself and Studio Violina Website will not be liable to take any responsibility of any such matter, further the Agreement of the artist or the product owner might be terminated for such conduct.
(v) If an artist or a product owner remakes a product of another legal authority and tries to sell it through Studio Violina Website then the Website will not take legal responsibility of such products. The artist will claim all the rights and legal actions of the product. Studio Violina Website’s sole responsibility is to sell the products.
(vi) The total charges of your product (excluding Government duties) will be transferred to the bank provided by you in the Agreement in 1-3 months.
(vii) If any product is copied or pirated and or used by any other website, Studio Violina is not responsible for such incident.
(viii) The audio of the artist will be played & directly from the Studio Violina Website for which the product owner or artist should not have any objections.
(ix) This Section 2(c) does not pertain to your intellectual property rights. Any rights relating to materials that you upload to the Site are covered by the Studio Violina Website Agreement.
3. Rules For Use Of the Site.
(a) Prohibited Use. Except as may be expressly permitted by Studio Violina Website, you may not: (i) use any device or process to monitor the activity on or copy pages from the Site, except in the operation or use of an internet “engine”, hit counters or similar technology (ii) pretend to be another person or entity; (iii) use any meta tags, search terms, key terms, or the like that contain Studio Violina Website ‘s name or trademarks; (iv) modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the Studio Violina Website Service (v) collect electronic mail addresses or other information from third parties by using the Studio Violina Website Service; (vi) engage in any activity that interferes with another user’s ability to use or enjoy the Studio Violina Website Service; (vii) interfere with the Studio Violina Website Service by using viruses or any other programs or technology designed to disrupt or damage any or hardware or (viii) assist or encourage any third party in engaging in any activity prohibited by these T&C.
(d) Controlling. Studio Violina Website reserves the right, but does not assume the obligation, to monitor transactions and communications that occur through the Site. If Studio Violina Website determines, in its sole and absolute discretion, that you or another Studio Violina Website user will breach a term or condition of these T&C or that such transaction or communication is inappropriate, Studio Violina Website may cancel such transaction or take any other action to restrict access to or the availability of any material that may be considered objectionable, without any liability to you or any arbitrator.
(e) Modification of the Service. Studio Violina Website may modify the Studio Violina Website Service at any time with or without notice to you, and will incur no liability for doing so.
4. Submissions. When you submit questions, comments, suggestions, ideas, message board postings, material submitted via web forms, contest entries, communications or any other information , you grant Studio Violina Website permission to use such submissions for marketing and other promotional purposes. You agree that Studio Violina Website will have no obligation to keep any Submissions confidential and you will not bring a claim against Studio Violina Website based on “moral rights” or the like arising from Studio Violina Website’s use of a Submission.
5. Representations and Warranties.
(a) Mutual Representations and Warranties. You represent and warrant to Studio Violina Website and Studio Violina Website represents and warrants to you: (i) that you or it has the full power and authority to enter into and perform under these T&C, (ii) the execution and performance of your or its obligations under these T&C do not constitute a breach of or conflict with any other agreement or arrangement by which you or it is bound, and (iii) these T&C are a legal, valid and binding obligation of the party entering into these T&C, enforceable in accordance with their terms and conditions.
(b) By You. You represent and warrant to Studio Violina Website that, in your use of the Studio Violina Website Service, you: (i) will not infringe the copyright, trademark, patent, trade secret, right of privacy, right of publicity or other legal right of any third party and (ii) will comply with all applicable laws, rules, and regulations. You further represent and warrant to Studio Violina Website that: (i) there are no claims, demands or any form of litigation pending or, to the best of your knowledge, threatened with respect to any of your Submissions; (ii) Studio Violina Website will not be required to make any payments to any third party in connection with its use of your Submissions, except for the expenses that Studio Violina Website incurs in providing the Studio Violina Website Service; (iii) the use of any instructions, formulas, recommendations, or the like contained in your Submissions will not cause injury to any third party; and (iv) your Submissions does not contain viruses or any other programs or technology designed to disrupt or damage any software or hardware.
6. Disclaimers, Exclusions, and Limitations.
(a) DISCLAIMER OF WARRANTIES. STUDIO VIOLINA WEBSITE PROVIDES THE SITE AND STUDIO VIOLINA WEBSITE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS. STUDIO VIOLINA WEBSITE DOES NOT REPRESENT OR WARRANT THAT THE SITE, STUDIO VIOLINA WEBSITE SERVICE OR ITS USE: (i) WILL BE UNINTERRUPTED, (ii) WILL BE FREE OF INACCURACIES OR ERRORS, (iii) WILL MEET YOUR REQUIREMENTS, OR (iv) WILL OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. STUDIO VIOLINA WEBSITE MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE T&C, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.
(b) EXCLUSION OF DAMAGES. STUDIO VIOLINA WEBSITE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE STUDIO VIOLINA WEBSITE SERVICE, BASED ON ANY CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(c) LIMITATION OF LIABILITY. THE ONLY LIABILITY OF STUDIO VIOLINA WEBSITE IS TO FURNISH YOU WITH THE DOWNLOAD AMOUNT OF YOUR PRODUCT IN YOUR BANK ACCOUNT. APART FROM THAT STUDIO VIOLINA WEBSITE DOES NOT HAVE ANY OTHER LIABILITY.
7. Dispute Resolution.
(a) Mandatory Arbitration (b) Commencing Arbitration (c) Arbitration Proceeding (d) No Class Actions (e) Decision of the Arbitrator (f) Applicable Law.
(g) Equitable Relief (h) Claims (i) Improperly Filed Claims
8. Miscellaneous. These T&C will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of the State of West Bengal without reference to conflict of law principles. These T&C will not be assignable or transferable by you without the prior written consent of Studio Violina Website. These T&C (including all of the policies and other Agreements described in this T&C, which are hereby incorporated herein by this reference) contain the entire understanding of the parties regarding its subject matter, and replace all prior and coexisting agreements and understandings between the parties regarding its subject matter. You and Studio Violina Website are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by these T&C. The invalidity or unenforceable of any provision of these T&C will not affect the validity or enforceable of any other provision of these T&C, all of which will remain in full force and effect. The headings used in this T&C are for convenience only, do not constitute a part of this T&C, and shall not be deemed to limit or affect any of the provisions hereof.
If there are any questions regarding this Terms and Conditions (T&C), you may contact us using the information below.
Violina Web Services Pvt. Ltd.
51, Regent Place. Ranikuthi, Tollygunge.
Kolkata, West Bengal 700040.