TERMS AND CONDITIONS FOR SPOTDIALE (TAC)

TERMS AND CONDITIONS FOR SPOTDIALE (“TAC) PLEASE READ. YOUR USE OF THIS SITE IS SUBJECT TO THESE TERMS AND CONDITIONS This Document sets forth the terms and conditions that apply to the access and use of the Website www.spotdiale.com and its Mobile Application SpotdialE, which is managed and operated by 9X Media Private Limited, a company within the meaning of the Companies Act, 1956 (CIN: U74300MH2006PTC163657) having Registered Office at C/o, My Branch, B, Ground Floor, Abel Estate, Saki Vihar Rd, Behind Finch Restaurant, Ganesh Nagar, Marol, Andheri – East Mumbai - 400 072. This document is an electronic record in terms of Information Technology Act, 2000 and generated by a computer system and does not require any physical or digital signatures. This document is published in accordance with the provisions of Rule 3 of the Information Technology (Intermediaries guidelines) 2011, that provides for the due diligence to be exercised for the access or usage of Platform. These TAC as provided herein, shall be legally binding on the User visiting this Platform. ACCEPTANCE OF TERMS These TAC apply to and govern your use, as well as your use of this Site and the Services (as defined below). Your use of the Site and/or any Service(s) signifies your agreement to be bound by these TAC. For purposes of the TAC, the following defined terms shall have these meanings: (A) “Service(s)” shall mean any and all services on, or provided by, 9X Media whether or not such services are also provided and/ or delivered by other means or media such as including but not limited to software or wireless devices; (B) “Site” shall mean this www.spotdialE.com website; (C) “Site Content” shall mean any and all human readable patent audio and/or visual elements of this Site, created and/ or owned by 9X Media and/ or third parties, including without limitation to any text, graphics, images, illustrations, photographs, animations, designs, logos, information, and other content made available through the Site; (D) “Site Code” means any and all underlying elements of the Site, including without limitation to source code, script, object code, software, computer programs, and other sets of statements and instructions contained in the underlying Site. Use of this website is offered to the User conditioned on acceptance without modification of all the terms, conditions and notices contained and as may be posted on this website from time to time. For removal of doubts, it is clarified that use of website by the User constitutes an acknowledgement and acceptance by the User of this Site and its Terms of Use. If the User does not agree with any part of these terms, conditions and notices, the User must not use the website. Additionally, the musical band artists may provide terms and guidelines that govern particular features, offers or operating rules and policies applicable to each services i.e. booking advance, combo offers, arrangement of band at venue etc. wherein the User shall be responsible for ensuring compliance with operating rules and policies/ terms and guidelines with whom the User elects to deal. If you violate the TAC, 9X Media may, at its sole discretion, permanently ban you from using any current or future Services. CHANGES TO SITE AND/OR TERMS AND CONDITIONS 9X Media reserves the right, in whole or in part, at its sole discretion, to change and/ or modify and/ or add and/ or remove any portion or to impose new conditions, including but not limited to, adding fees and/or charges for use of the of the Site, the Site Content, and the terms, conditions and notices under the services offered through the website. Changes to the TAC will be effective when the same is posted. You agree to review the TAC periodically to become aware of the changes, if any. Your use of the Site after any changes to the TAC are posted will be considered deemed acceptance of those changes and will constitute your agreement to be bound thereby, whether retrospectively or otherwise. TERMINATION/ACCESS RESTRICTION 9X Media reserves the right in its sole discretion, to terminate the access to the website and the related services or any portion thereof at any time, without notice or explanation. CHANGES IN SITE OWNERSHIP You will be deemed to have consented to the disclosure to, and use by, a subsequent owner or operator of the Site, of any information about you contained in the applicable 9X Media database, to the extent 9X Media assigns its rights and obligations regarding such information in connection with a merger, acquisition, or sale of all or substantially all of 9X Media’s assets, or in connection with a merger, acquisition or sale of all or substantially all of the assets related to this particular Site to a subsequent owner or operator. In the event of such a merger, acquisition, or sale, your continued use of the Site signifies your agreement to be bound by the Terms and Conditions of the Site’s subsequent owner or operator. PRIVACY POLICY The User hereby consents, expresses and agrees that he has read and fully understands the Privacy Policy of SpotDialE in respect of the website. The User further consents that the terms and conditions of the said Privacy Policy are acceptable to him. Your use of the Section of this Site is subject to Privacy Policy. Any customer grievances can be reported to the Grievance Officer specifically dedicated to address all customer concerns. You may contact the Grievance Officer at info@spotdiale.com FEES PAYMENT 9x Media reserves the right to charge subscription fees as well as transaction fees, criteria for which shall be determined based on usage, transactions or such other component on the website. 9X Media reserves the right to alter all or any fees from time to time, without notice or explanation The User shall be liable to pay applicable charges, fees, duties, taxes, levies, assessments for availing 9X Media services. LICENSE TO USE THE SITE 9X Media grants you a non-exclusive, non-transferable, limited right and license to access, use and privately display the Site and the Site Content as described herein for your personal and non- commercial use only, by way of one (1) computer connected to the Site over the internet, provided that you comply fully with these TAC. You may “cache” pages of the Site for the sole purpose of increasing the speed and efficiency at which you access the Site. Any other copy or use of whole and/ or portion of the Site is not authorized and the same will be a violation of these TAC and will constitute a copyright violation. You shall not interfere, or attempt to interfere, with the operation of the Site in any manner whatsoever through any means or device, including but not limited to, spamming, hacking, uploading computer viruses or time bombs, or any other means expressly prohibited by any provision of these TAC or by law. OWNERSHIP OF TRADEMARKS, COPYRIGHTS, INTELLECTUAL PROPERTY The Site, Site Content, Site Code, and any and all copyrights, trademarks, service marks, trade names and all other intellectual property or property rights therein are proprietary to 9X Media and are owned by 9X Media and/or its licensors and content providers, and are protected by applicable domestic and international intellectual property laws. The design and information contained in this Site is the valuable and exclusive property of 9X Media and nothing in this agreement shall be construed as transferring and/or assigning any such ownership rights to you or any other person or entity. Unless expressly permitted in writing by 9X Media, you shall not copy, capture, reproduce, perform, transfer, sell, license, modify, manipulate, create derivative works from or based upon, republish, upload, edit, post, transmit, publicly display, frame, link, distribute, or exploit in whole or in part the Site, the Site Content or Site Code, or otherwise use the Site, Site Content or Site Code on any other web site or in any other manner, other networked computer environment, or in any medium now known or hereafter developed (each and/ or collectively an “Unauthorized Use”). Any Unauthorized Use constitutes an infringement of the intellectual property laws including infringement of copyright laws and other proprietary rights of 9X Media and/or its licensors and content providers and constitutes a violation of these TAC. Any violation of intellectual property laws may be subject to severe civil and criminal penalties and the same be without prejudice. PROPRIETARY INFORMATION 9X Media Sites contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music or sound, and the entire contents of 9X Media Sites are copyrighted as a collective or severable work under applicable copyright laws. The Company and/or its affiliates own or have acquired a license and copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. LIMITATION OF LIABILITY UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL 9X MEDIA BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, INCLDUING BUT NOT LIMITED TO THE SITE, SITE CONTENT, SITE CODE, USER SERVICES OR THE SOFTWARE, EVEN IF 9X MEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WHILE 9X MEDIA TAKES PRECAUTIONS AGAINST SECURITY BREACHES, NO WEBSITE OR INTERNET TRANSMISSION IS COMPLETELY SECURE, AND AS SUCH, 9X MEDIA SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM UNAUTHORIZED ACCESS, HACKING, DATA LOSS, OR OTHER BREACHES THAT MAY OCCUR. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL 9X MEDIA’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU TO 9X MEDIA, IF ANY, FOR ACCESSING THIS SITE. DISCLAIMER 9X Media Pvt. Ltd will not be liable for any losses sustained and arising out of or in connection with use of this website including, without limitation, indirect or consequential losses, loss of profit, loss of goodwill, loss of data or special loss. 9X Media Pvt. Ltd assumes no liability for the contents of any other website you may access from our website. LINKED SITES 9X Media sites may frame and/or contain links to or advertisements about, non-9X Media Web sites. Other sites may also reference, advertise, or link to 9X Media sites. 9X Media does not endorse and/ or sponsor other websites and is not responsible under any circumstance whatsoever for the content of such websites. 9X Media expressly disclaims any Content, statements or assertions made on non-9X Media Web sites, and denies all liability associated with your use of, and the content on, such other sites and advertisements. RESPONSIBILITY FOR USE OF THE SERVICES You are entirely responsible and liable for all activities conducted by you, and/or any of the Services. JURISDICTIONAL ISSUES The Site is controlled and operated by 9X Media from its offices within India. Use of this Site constitutes your consent and submission to service of process under applicable laws of India for the purposes of any legal action or claim pertaining to these TAC and/or any 9X Media Site or Service. GOVERNING LAW/DISPUTE RESOLUTION The rights and obligations of the Parties under the Agreement shall be governed by the laws of India. All disputes between the Parties relating to issues arising under this Agreement or the Service shall be resolved solely through proceedings instituted before the Court in Mumbai, India. SEVERABILITY If any provision of the TAC shall be held unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and conditions and shall not affect the validity and enforceability of any remaining provisions. GENERAL TERMS Technical failure: Neither 9X Media Pvt. Ltd is responsible for network, telephone line or communication failures, malfunctions, errors, delays or any other problem in any telephone network, recording, broadcast, or internet broadband transmission of any kind or any other circumstances beyond 9X Media Pvt. Ltd’s reasonable control. 9X Media Pvt. Ltd is also not responsible for traffic congestion or other capacity issues which may result in a message being lost or not properly recorded. Statutory rights: Nothing contained in these Terms and Conditions shall affect the entrant’s statutory rights. Right to amend these terms: You are advised to print and keep safe these Terms and Conditions. 9X Media Pvt. Ltd reserves the right to amend these terms at any time without prior notice. Any changes will be posted on this website and will be effective as of the date of posting. Governing law and jurisdiction: These Terms and Conditions shall be governed by and construed in accordance with the laws of India. You irrevocably submit to the exclusive jurisdiction of the courts of Mumbai. Copyrights: The content on this website is protected by copyright and may not be reproduced or appropriated in any manner without the written permission of 9X Media Pvt. Ltd. Trademarks: The images, logos and names on this website which identify 9X Media Pvt. Ltd or any member of the 9X network are proprietary marks of 9X Media Pvt. Ltd, or one of the other members. All rights are reserved. Investor Relations Disclaimer: The information contained on this website does not constitute advice or an offer to sell or deal in any securities and must not be relied upon in connection with any investment decision. Server Ability: If any part of these terms and conditions is found to be unenforceable it will not affect the enforceability of the remainder of the terms and conditions. Use of your name/image in marketing. 9X Media Pvt. Ltd (or any third party nominated by 9X Media Pvt. Ltd) may use your name, image, county of residence, and your comments relating to the service experience for future promotional, marketing and publicity purposes in any media worldwide without notice or without any fee being paid. Third Parties. Your personal data may also be passed to your telephony provider or to any relevant regulatory bodies, the police or other authorities in the course of the investigation of any complaints or suspected unlawful activity or where requested by the telephony provider in connection with the billing arrangements. Market research: Aggregate non personal data may also be used for the purpose of undertaking market research or in facilitating reviews, developments and improvements to relevant services. Personal data: Save as set out in these Terms and Conditions, any information and data (“personal data”) which is provided by you, will be held and used by 9X Media Pvt. Ltd and their suppliers and contractors. Data controller: 9X Media Pvt. Ltd is the data controller of any personal data you provide when you enter use the website. Data Protection: Personal data which is provided by you as a sender when you submit your photograph/video will be held and used by 9X Media Pvt. Ltd, and the 9X Network group of companies, its employees, its suppliers and contractors in order to administer the use of the picture and contact you if necessary. Your personal data may also be passed to your mobile phone provider or to relevant regulatory bodies, the police or other authorities in the course of the investigation of any complaints or suspected unlawful activity or where requested by the phone provider in connection with the billing arrangements for submitting your photograph/video. Aggregate, non personal data may also be used for the purpose of undertaking market research or in facilitating reviews, developments and improvements to relevant services. Circumstances beyond control: 9X Media Pvt. Ltd does not accept any responsibility whatsoever for any technical failure or malfunction or any other problem with any telephone network or line, system, server, provider or otherwise which may result in any vote, entry or message being lost or not properly registered or recorded. 9X MEDIA SERVICES AND RULES FOR USE As a convenience to its visitors/ Registered User (defined below)/ You (defined below), as the case may be, 9X Media may provide, from time to time and at its sole discretion, one or more Services. These Services are provided by 9X Media to you and others subject to the TAC and other rules that may be published from time to time ( the “Rules”) by 9X Media. 9X Media currently provides the Services, free of charge to visitors/ Registered User (defined below)/ You (defined below), as the case may be, who agree to be bound and abide by the Rules. 9X Media reserves the right to change the nature of this relationship at any time and at its sole discretion. It is hereby expressly stated that you, you herein means any person who has registered himself/ herself on this Site (‘You/ Registered User’) may receive services from 9X Media, at its sole discretion and at any time relating to including but not limited to updates including updates relating to promotions and/ or advertisement and/ or special offers (whether or not related to 9X Media), 9X Media may also interact with You for research purposes; through various modes i.e. via including but not limited to newsletters, SMS, telephone call, emails and such other modes as 9X Media may deem appropriate from time to time, at its sole discretion (‘User Services’), as per the following terms and conditions– By registering on the Site You agree to receive User Services and undertake to agree and accept with these Terms and Conditions and other relevant terms and conditions, privacy policy and disclaimer of this Site. 9X Media does not guarantee that User Services will be delivered and/ or discharged on time and also does not guarantee that the User Services will be delivered at all. While 9X Media seeks to ensure the accuracy and timeliness of the information available in the User Services, 9X Media cannot and does not guarantee the accuracy, reliability, timeliness, or completeness of that information at any given time. 9X Media will not be responsible for any inconvenience and/ or damage (whether monetary or otherwise) and/ or mental trauma that may be caused and/or otherwise in any way as a result of any modification and/ or suspension and/ or interruption in availability of the User Services. Unless otherwise explicitly stated by 9X Media, all proprietary content in User Services is owned or licensed by 9X Media. You may not copy, reproduce, modify, frame, publish, republish, download, upload, modify, decode, transmit or otherwise distribute, via any media, partially or completely, any aspect or element of User Services or its content, whether or not visible, without 9X Media’s advanced written authorization. 9X Media does not suggest, warrant and/ or make any representation regarding the use, interpretations and/ or results of use of User Services. It is hereby clarified that 9X Media has a right to stop sending/ rendering of User Services to You and/ or to any other Registered User of this Site at any time and/or without assigning any reason. Content and advertisements provided as part of User Service: Where we provide promotions/ advertisements/ special offers on/ via our Site we do not under any circumstance whatsoever: i. warrant and/ or represent that the promotions/ advertisements are suitable, accurate, correct, complete, reliable, appropriate, or lawful; or ii. endorse such promotions/ advertisements; and iii. advice You. You may obtain independent professional advice at your own cost before you take any action based upon promotions/ advertisements. iv. Your correspondence and/ or dealings with, or participation in promotions or advertisements, and any other terms, conditions, warranties or representations associated arising there from; strictly lie between You and the advertisers and/ or promoters, as the case may be. You agree that 9X Media shall not be liable for any loss or damage of any nature incurred as the result of any such interactions, or as the result of the presence of such promoters/ advertisers on User Services. v. The User Services which may be provided by 9X Media, at its sole discretion are solely promotional/ interactive in nature, as the case may be and You shall use it voluntarily at your own risks and consequences. 9X Media is under no circumstance whatsoever responsible for any loss/damage/disclosure etc. to be caused to by the use of User Services. vi. If You wish to unsubscribe, You can do that at any time by clicking on the unsubscribe link of the Site. It is hereby clarified that we have a right to stop User Services to You and/ or to any other Registered User of this Site at any time and/or without assigning any reason. Content: 9X Media provides this Section for the expression of the views and opinions of Registered User and assumes no responsibility for the views and/ or opinions expressed. If You submit Submission to us for publication on the Site You may do so on the following terms and conditions and warrant as follows: (i) Publication of any Submission: You submit on this Site including but not limited to on this Section will be at 9X Media’s sole discretion. 9X Media reserves the right to make additions or deletions to the text or graphics prior to publication, to refuse publication or to close down any topics of discussion. Any Submission deemed inappropriate or offensive will be removed without notice. You agree and accept that 9X Media has no responsibility to review the Submission to (or which are part of) the Section, all of which are made available on the basis that 9X Media shall not be required to exercise any control or judgement of the Submission posted or contained therein. (ii) You warrant to 9X Media that any Submission You submit on this Site including but not limited to on this Section is your own original work and that you own the copyright and any other relevant rights; (iii) You agree not to post Submission which either promotes or advertises any commercial products or services; (iv) You warrant that the Submission you submit is not obscene, offensive, defamatory of any person or otherwise illegal; (v) You agree not to post Submission which is threatening or intended to upset other Registered Users; (vi) You agree that 9X Media gives no warranty and/ or makes no representation as to the accuracy; currency or validity of the information and material contained within the Section and shall not be responsible for any loss or damage caused as a result of any use of such material. (vii) You agree not to post any Submission that is technically harmful such as computer viruses, worms, logic bombs or other malicious software or harmful data; (viii) 9X Media does not endorse any Registered User’s submission or any opinion, recommendation, or advice expressed therein; (ix) All Submission posted to this Site is the sole responsibility of the individual who originally posted the content. 9X Media will not be liable, under any circumstances whatsoever and in any way, for any errors or omissions, loss or damage of any kind incurred as a result of use of any Submission posted on this Site. You must evaluate and bear all risks associated with the use of any Submission, including any reliance on its accuracy or completeness. (x) You agree that personal attacks will not be allowed. Comments or threads that 9X Media deem to be bigoted, hateful, or racially offensive will be moderated or deleted and the Registered User’s posting privileges may be suspended, at 9X Media’s sole discretion. (xi) You acknowledge that any breach of these warranties may cause 9X Media damage or loss and you agree to indemnify and keep indemnified and hold 9X Media harmless in full and permanently against any liabilities, claims, costs, loss or damage 9X Media may incur as a result of publishing material You submit on this Site including but not limited to on this Section, including consequential losses; (xii) when quoting from other sources You must keep the quote brief and, where possible, include a link; (xiii) you are expected to treat other Registered User of the forum in a courteous and respectful manner; and (xiv) 9X Media reserves the right to limit or terminate access to any Registered User, at its sole discretion. RIGHTS IN THE CONTENT YOU SUBMIT All Submission posted by You to the Site including but not limited to the Section (“Works”) are submitted under the following licenses: (i) Anyone, including but not limited to 9X Media, may copy, distribute, display and perform your Works, royalty-free, on the condition that they credit your authorship each time they do so. (ii) RSS aggregators may copy, distribute, display and perform any Works on your blog that you syndicate using RSS. All Works on your blog are syndicated for RSS aggregation unless you change your settings to indicate otherwise. (iii) By posting your Works using the Services, you are granting 9X Media a non-exclusive, royalty-free, perpetual, and worldwide license to use your Works in connection with the operation of the Services, including, without limitation, the license rights to copy, distribute, redistribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Works, and/or to incorporate them into a collective work. MISCELLANEOUS These TAC constitute the entire agreement between you and 9X Media and govern your use of the Service, superseding any prior agreements between you and 9X Media. 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 TAC 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. 9X Media’s failure to enforce any right or provisions in these TAC will not constitute a waiver of such provision, or any other provision of these TAC. 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. 9X Media will not be responsible for failures to fulfill any obligations due to causes By accessing, browsing and/or using our website you agree to the following terms and you agree to use the site in accordance with all applicable laws. If you do not agree you must cease to use our website.