THIS IS A LEGAL AGREEMENT BETWEEN YOU AND MERAGANA.COM (A DIVISION OF INNOVATIVE
INTERACTIVE INFOTAINMENT PRIVATE LIMITED ("MERAGANA") STATING THE TERMS THAT GOVERN
YOUR USE OF MERAGANA’S ONLINE KARAOKE SERVICE. THIS AGREEMENT - TOGETHER WITH ALL
UPDATES, ADDITIONAL TERMS, SOFTWARE LICENSES, AND ALL OF MERAGANA'S RULES AND POLICIES
- COLLECTIVELY CONSTITUTE THE "AGREEMENT" BETWEEN YOU AND MERAGANA. TO AGREE TO
THESE TERMS, CLICK "AGREE." IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK "AGREE,"
AND DO NOT USE THE SERVICE. YOU MUST ACCEPT AND ABIDE BY THESE TERMS AS PRESENTED
TO YOU: CHANGES, ADDITIONS, OR DELETIONS ARE NOT ACCEPTABLE, AND MERAGANA MAY REFUSE
ACCESS TO THE ONLINE KARAOKE SERVICE FOR NONCOMPLIANCE WITH ANY PART OF THIS AGREEMENT.
1. Definition of the Service. Meragana is the provider of the Online Karaoke Service
(the "Service") that permits you to listen to music and see the synchronized lyrics
enabling you to sing along - under certain terms and conditions as set forth in
this Agreement.
2. Age requirements for use of the Service. This Service is available for individuals
aged 13 years or older. If you are 13 or older but under the age of 18, you should
review these terms and conditions with your parent or guardian to make sure that
you and your parent or guardian understand these terms and conditions.
3. Objectionable Material. You understand that by using the Service, you may encounter
content that may be deemed offensive, indecent, or objectionable, which content
may or may not be identified as having explicit language. Nevertheless, you agree
to use the Service at your sole risk and that Meragana shall have no liability to
you for content that may be found to be offensive, indecent, or objectionable. Content
types (including genres, sub-genres and sub-categories and the like) and descriptions
are provided for convenience, and you acknowledge and agree that Meragana does not
guarantee their accuracy.
4. System Requirements. Use of the Service requires a compatible computer and/or
devices, computer accessories, Operating System software, Internet access (fees
may apply), and certain software (fees may apply), and may require obtaining updates
or upgrades from time to time. Because use of the Service involves hardware, software,
and Internet access, your ability to use the Service may be affected by the performance
of these factors. High speed Internet access is strongly recommended. You acknowledge
and agree that such system requirements, which may be changed from time to time,
are your responsibility. The Service is not part of any other product or offering,
and no purchase or obtaining of any other product shall be construed to represent
or guarantee you access to the Service.
5. Policies and Rules. Your use of the Service and purchases made through it are
subject to Meragana's Terms of Sale which can be readily viewed on the Service,
and any end-user agreements or other terms and conditions required for use of the
Service, all of which are hereby made a part of this Agreement. If you have not
already read Meragana's Terms of Sale, you should do so now.
6. Meragana's Privacy Policy. Except as otherwise expressly provided for in this
Agreement, the Service is subject to Meragana's Privacy Policy and Legal Disclaimers
which is expressly made a part of this Agreement. If you have not already read Meragana's
Privacy Policy, you should do so now.
7. Your Information. You agree to provide accurate, current, and complete information
required to register with the Service and at other points as may be required in
the course of using the Service ("Registration Data"). You further agree to maintain
and update your Registration Data as required to keep it accurate, current, and
complete. Meragana may terminate your rights to any or all of the Service if any
information you provide is false, inaccurate or incomplete. You agree that Meragana
may store and use the Registration Data you provide (including credit card and PayPal
account information) for use in maintaining your accounts and billing fees to your
credit card or PayPal account.
8. User Account and Security.
a. Account and Password. As a registered user of the Service, you may receive or
establish an account ("Account"). You are solely responsible for maintaining the
confidentiality and security of your Account. You should not reveal your Account
information to anyone else or use anyone else's Account. You are entirely responsible
for all activities that occur on or through your Account, and you agree to immediately
notify Meragana of any unauthorized use of your Account or any other breach of security.
Meragana shall not be responsible for any losses arising out of the unauthorized
use of your Account.
b. Security. You understand that the Service, and products purchased through the
Service, such as sound recordings, videos and related artwork ("Products and Service"),
include a security framework using technology that protects digital information
and limits your usage of Products to certain usage rules established by Meragana
and its licensors ("Usage Rules"). You agree to comply with such Usage Rules, as
further outlined below, and you agree not to violate or attempt to violate any security
components. You agree not to attempt to, or assist another person to, circumvent,
reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security
components related to such Usage Rules for any reason whatsoever. Usage Rules may
be controlled and monitored by Meragana for compliance purposes, and Meragana reserves
the right to enforce the Usage Rules with or without notice to you. You will not
access the Service by any means other than through software that is provided by
Meragana for accessing the Service. You shall not access or attempt to access an
Account that you are not authorized to access. You agree not to modify the software
in any manner or form, or to use modified versions of the software, for any purposes
including obtaining unauthorized access to the Service. Violations of system or
network security may result in civil or criminal liability.
9. Purchase of Meragana Content
a. Products and Service Requirements. You acknowledge that use of Products and the
Service may require the use of other hardware and software products and that such
hardware and software is your responsibility.
b. Use of Products and Service. You acknowledge that Products and Service contain
security technology that limits your usage of Products and service to the following
Usage Rules, and you agree to use Products and service in compliance with such Usage
Rules.
Usage Rules
Your use of the Products and service is conditioned upon your prior acceptance of
the terms of this Agreement.
You shall be authorized to use the Products and service only for personal, non-commercial
use. Unauthorised Public Performance is Prohibited
You agree that you will not attempt to, or encourage or assist any other person
to, circumvent or modify any security technology or software that is part of the
Service or used to administer the Usage Rules.
The delivery or use of Products and service does not transfer to you any commercial
or promotional use rights in the Products or service.
c. You agree that your purchase of Products and service constitutes your acceptance
of and agreement to use such Products and service solely in accordance with the
Usage Rules, and that any other use of the Products and service may constitute a
copyright infringement. The security technology is an inseparable part of the Products
and Service. The Usage Rules shall govern your rights with respect to the Products
and Service, in addition to any other terms or rules that may have been established
between you and another party. Meragana reserves the right to modify the Usage Rules
at any time.
d. You acknowledge that some aspects of the Service, Products, and administering
of the Usage Rules entails the ongoing involvement of Meragana. Accordingly, in
the event that Meragana changes any part of the Service or discontinues the Service,
which Meragana may do at its election, you acknowledge that you may no longer be
able to use Products and Service to the same extent as prior to such change or discontinuation,
and that Meragana shall have no liability to you in such case
e. The Service may offer interactive features that allow you to, among other things,
submit or post information, materials or links to third party content on areas of
the Service accessible and viewable by other users of the Service and the public.
You represent and agree that any use by you of such features, including any information,
materials or links submitted or posted by you, shall be your sole responsibility,
shall not infringe or violate the rights of any other party or violate any laws,
contribute to or encourage infringing or otherwise unlawful conduct, or otherwise
be obscene, objectionable or in poor taste, and that you have obtained all necessary
rights, licenses or clearances. You further agree to provide accurate and complete
information in connection with your submission or posting of any information or
materials on the Service. Moreover, you hereby grant Meragana a worldwide, royalty-free,
non-exclusive license to use such materials as part of the Service, and in relation
to Products and Service, without any compensation or obligation to you.
Meragana reserves the right not to post or publish any materials, and to delete,
remove or edit any material, at any time in its sole discretion without notice or
liability.
Meragana has the right, but not the obligation, to monitor any information and materials
submitted or posted by you or otherwise available on the Service, to investigate
any reported or apparent violation of this Agreement, and to take any action that
Meragana in its sole discretion deems appropriate, including, without limitation.
10. Agreement to Pay.
a. Payment for Products and Service. You agree to pay for all Products and Service
you purchase through the Service, and that Meragana may charge your credit card
or PayPal account for any Products and Service purchased, and for any additional
amounts (including any taxes and late fees, as applicable) as may be accrued by
or in connection with your Account. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF
ALL FEES AND FOR PROVIDING MERAGANA WITH A VALID CREDIT CARD OR PAYPAL ACCOUNT DETAILS
FOR PAYMENT OF ALL FEES. All fees will be billed to the credit card, or the PayPal
account, you designate during the registration process. If you want to designate
a different credit card or if there is a change in your credit card or PayPal account
status, you must change your credit card or PayPal account information online at
the Account Info section of the Service of Meragana or the Service of the payment
gateway. (There may be a temporary disruption of your access to the Service until
Meragana can verify the validity of the new credit card or PayPal account information.)
b. Right to Change Prices and Availability of Products and Service. Prices and availability
of any Products and Service are subject to change at any time.
c. Electronic Signatures and Contracts. Your use of the Service includes the ability
to enter into agreements and/or to make purchases electronically. YOU ACKNOWLEDGE
THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND
BY AND TO PAY FOR SUCH AGREEMENTS AND PURCHASES. YOUR AGREEMENT AND INTENT TO BE
BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS
YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS,
AND APPLICATIONS.
d. In order to access and retain your electronic records, you may be required to
have certain hardware and software, which are your sole responsibility.
11. Delivery or use of Products and Service. On occasion, technical problems may
delay or prevent delivery or use of the Product. Your exclusive and sole remedy
with respect to Product that is not delivered within a reasonable period will be
either replacement of such Product, or refund of the purchase price paid for such
Product, as determined by Meragana.
12. Intellectual Property.
a. Acknowledgement of Ownership. You agree that the Service, including but not limited
to graphics, audio clips, and editorial content, contains proprietary information
and material that is owned by Meragana and/or its licensors, and is protected by
applicable intellectual property and other laws, including but not limited to copyright,
and that you will not use such proprietary information or materials in any way whatsoever
except for use of the Service in compliance with the terms of this Agreement. No
portion of the Service may be reproduced in any form or by any means. You agree
not to modify, rent, lease, loan, sell, distribute, or create derivative works based
on the Service, in any manner, and you shall not exploit the Service in any unauthorized
way whatsoever, including but not limited to, by trespass or burdening network capacity.
b. Removal of Meragana Content or Other Materials. Notwithstanding any other provision
of this Agreement, Meragana and its licensors reserve the right to change, suspend,
remove, or disable access to any Products and Service, content, or other materials
comprising a part of the Service at any time without notice. In no event will Meragana
be liable for the removal of or disabling of access to any such Products and Service,
content or materials under this Agreement. Meragana may also impose limits on the
use of or access to certain features or portions of the Service, in any case and
without notice or liability.
c. Copyrights. All copyrights in and to the Service, including but not limited to,
the online Karaoke Service (including the compilation of content, postings, links
to other Internet resources, and descriptions of those resources), and software,
are owned by Meragana and/or its licensors. THE USE OF THE SOFTWARE OR ANY PART
OF THE SERVICE, EXCEPT FOR USE OF THE SERVICE AS PERMITTED IN THESE TERMS OF SERVICE,
IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS
AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY
DAMAGES, FOR COPYRIGHT INFRINGEMENT.
d. Trademarks. Meragana, Meragana.com, the Meragana logo and other Meragana trademarks,
service marks, graphics, and logos used in connection with the Service are trademarks
or registered trademarks of Meragana. Other trademarks, service marks, graphics,
and logos used in connection with the Service may be the trademarks of their respective
owners. You are granted no right or license with respect to any of the aforesaid
trademarks and any use of such trademarks.
13. Termination.
a. Termination by Meragana. If you fail, or Meragana suspects that you have failed,
to comply with any of the provisions of this Agreement, including but not limited
to failure to make payment of fees due, failure to provide Meragana with a valid
credit card or with accurate and complete Registration Data, failure to safeguard
your Account information, violation of the Usage Rules or any license to the software,
or infringement or other violation of third parties' rights, Meragana, at its sole
discretion, without notice to you may: (i) terminate this Agreement and/or your
Account, and you will remain liable for all amounts due under your Account up to
and including the date of termination; and/or (ii) terminate the license to the
software; and/or (iii) preclude access to the Service (or any part thereof).
b. Termination of the Service. Meragana reserves the right to modify, suspend, or
discontinue the Service (or any part or content thereof) at any time with or without
notice to you, and Meragana will not be liable to you or to any third party should
it exercise such rights.
14. General Compliance with Laws. The Service is controlled and operated by Meragana
from its offices in the India. You agree to comply with all local, state, federal,
and national laws, statutes, ordinances, and regulations that apply to your use
of the Service.
15. Enforcement of These Terms. Meragana reserves the right to takes steps Meragana
believes are reasonably necessary or appropriate to enforce and/or verify compliance
with any part of this Agreement (including but not limited to Meragana's right to
cooperate with any legal process relating to your use of the Service and/or Products
and Service, and/or a third party claim that your use of the Service and/or Products
and Service is unlawful and/or infringes such third party's rights). You agree that
Meragana has the right, without liability to you, to disclose any Registration Data
and/or Account information to law enforcement authorities, government officials,
and/or a third party, as Meragana believes is reasonably necessary or appropriate
to enforce and/or verify compliance with any part of this Agreement (including but
not limited to Meragana's right to cooperate with any legal process relating to
your use of the Service and/or Products and Service, and/or a third party claim
that your use of the Service and/or Products and Service is unlawful and/or infringes
such third party's rights).
16. No Responsibility for Third-Party Materials or Web sites. Certain content, Products
and Service, and services available via the Service may include materials from third
parties. In addition, Meragana may provide links to certain third party Web sites.
You acknowledge and agree that Meragana is not responsible for examining or evaluating
the content or accuracy of any such third-party material or Web sites. Meragana
does not warrant or endorse and does not assume and will not have any liability
or responsibility for any third-party materials or Web sites, or for any other materials,
Products and Service, or services of third parties. Links to other Web sites are
provided solely as a convenience to you. You agree that you will not use any third-party
materials in a manner that would infringe or violate the rights of any other party,
and that Meragana is not in any way responsible for any such use by you.
17. Disclaimer of Warranties; Liability Limitations.
a. MERAGANA DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE
WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME MERAGANA
MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT
ANY TIME, WITHOUT NOTICE TO YOU.
b. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT
YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH
THE SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY MERAGANA) PROVIDED "AS IS" AND "AS
AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO
YOU.
c. IN NO CASE SHALL MERAGANA, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS,
CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE,
SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE SERVICES OR
FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES, INCLUDING, BUT
NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF
ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED,
OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS,
MERAGANA'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
d. MERAGANA SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU
IN CONNECTION WITH THE SERVICES, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION
OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND MERAGANA HEREBY DISCLAIMS ANY AND
ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY
WAY.
e. MERAGANA DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS,
CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION,
AND MERAGANA DISCLAIMS ANY LIABILITY RELATING THERETO. YOU SHALL BE RESPONSIBLE
FOR BACKING UP YOUR OWN SYSTEM.
18. Waiver and Indemnity. BY USING THE SERVICE, YOU AGREE TO INDEMNIFY AND HOLD
MERAGANA, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND
LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS
AGREEMENT, YOUR USE OF THE SERVICE, OR ANY ACTION TAKEN BY MERAGANA AS PART OF ITS
INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING
OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU
CANNOT SUE OR RECOVER ANY DAMAGES FROM MERAGANA, ITS DIRECTORS, OFFICERS, EMPLOYEES,
AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE
OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE
YOUR ACCESS TO THE SERVICE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION
OF A SUSPECTED VIOLATION OR AS A RESULT OF MERAGANA'S CONCLUSION THAT A VIOLATION
OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL
VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
19. Changes. Meragana reserves the right, at any time and from time to time, to
update, revise, supplement, and otherwise modify this Agreement and to impose new
or additional rules, policies, terms, or conditions on your use of the Service.
Such updates, revisions, supplements, modifications, and additional rules, policies,
terms, and conditions (collectively referred to in this Agreement as "Additional
Terms") will be effective immediately and incorporated into this Agreement. Your
continued use of the online karaoke service will be deemed to constitute your acceptance
of any and all such Additional Terms. All Additional Terms are hereby incorporated
into this Agreement by this reference.
20. Notices. Meragana may send you notice with respect to the Service by sending
an email message to the email address listed in your Meragana Account contact information,
by sending a letter via postal mail to the contact address listed in your Meragana
Account contact information, or by a posting on the Meragana’s online karaoke service.
Notices shall become effective immediately.
21. Governing Law. The laws of The Republic of India govern these Terms and your
use of the Service. Your use of the Service may also be subject to other local,
state, national, or international laws. You expressly agree that exclusive jurisdiction
for any claim or dispute with Meragana or relating in any way to your use of the
Service resides in the courts in New Delhi, India.
22. Miscellaneous. These Terms of Service constitute the entire agreement between
you and Meragana and govern your use of the Service, superseding any prior agreements
between you and Meragana. You also may be subject to additional terms and conditions
that may apply when you use affiliate services, third-party content, or third-party
software. If any part of these Terms of Service is held invalid or unenforceable,
that portion shall be construed in a manner consistent with applicable law to reflect,
as nearly as possible, the original intentions of the parties, and the remaining
portions shall remain in full force and effect. Meragana's failure to enforce any
right or provisions in these Terms of Service will not constitute a waiver of such
provision, or any other provision of these Terms of Service. If any provision of
this Agreement is found by a court of competent jurisdiction to be invalid, the
other provisions will remain in full force and effect. Meragana will not be responsible
for failures to fulfill any obligations due to causes beyond its control.