Terms Of Service and Use

Acceptance of Terms and Conditions

Please read these Terms of Use and our privacy policy very carefully. If you do not agree with any of the provisions set out in those documents, you should not use the Website, Apps or any of the Services. By accessing or using the Platform, registering an account, or by viewing, accessing, streaming, uploading or downloading any information or content from or to the Platform, you represent and warrant that you have read and understood the Terms of Use and Privacy policy will abide by them, and that you are either 18 years of age or more, or you are 13 years of age or more and have your parent(s)’ or legal guardian(s)’ permission to use the Platform.

Description of the Platform

The Platform is a hosting service. Registered users of the Platform may submit, upload and post audio, text, photos, pictures, graphics, comments, and other content, data or information (“Content”), which will be stored by FireMud FM at the direction of such registered users, and may be shared and distributed by such registered users, and other users of the Platform, using the tools and features provided as part of the Platform and accessible via the Website, Apps and elsewhere. The Platform also enables registered users to interact with one another and to contribute to discussions, and enables any user of the Website, Apps or certain Services (who may or may not be registered users of the Platform) to view, listen to and share Content uploaded and made available by registered users. We may, from time to time, release new tools and resources on the Website, release new versions of our Apps, or introduce other services and/or features for the Platform. Any new services and features will be subject to these Terms of Use as well as any additional terms of use that we may release for those specific services or features.

Your use of the Platform

Subject to your strict compliance with these Terms of Use grants you a limited, personal, non-exclusive, revocable, non-assignable and non-transferable right and licence to use the Platform in order to view Content uploaded and posted to the Website, to listen to audio Content streamed from the Platform and to share audio Content using the features of the Platform. In addition, if you register to use the Platform, and subject to your strict compliance with these Terms of Use FireMud FM grants you a limited, personal, non-exclusive, revocable, non-assignable and non- transferable right and licence to:
(i) submit or upload to the Platform strictly as permitted in accordance with these Terms of Use and any other applicable terms posted on the Website from time to time;
(ii) Use or Apps and other Services provided as part of the Platform strictly as permitted in accordance with these Terms of Use and any other terms applicable to those Apps or Services from time to time. The above licences are conditional upon your strict compliance with these Terms of Use including, without limitation, the following:
(i) You must not copy, rip or capture, or attempt to copy, rip or capture, any audio Content from the Platform or any part of the Platform.
(ii) You must not adapt, copy, republish, make available or otherwise communicate to the public, display, perform, transfer, share, distribute or otherwise use or exploit any Content on or from the Platform, except where such Content is Your Content,
(iii) You must not use any Content (other than Your Content) in any way that is designed to create a separate content service or that replicates any part of the Platform offering.
(iv) You must not employ scraping or similar techniques to aggregate, repurpose, republish or otherwise make use of any Content.
(v) You must not alter or remove, attempt to alter or remove, any trademark, copyright or other proprietary or legal notices contained in, or appearing on, the Platform or any Content appearing on the Platform (other than Your Content).
(vi) You must not, and must not permit any third party to, copy or adapt the object code of the Website or any of the Apps or Services, or reverse engineer, reverse assemble, decompile, modify or attempt to discover any source or object code of any part of the Platform, or circumvent or attempt to circumvent or copy any copy protection mechanism or access any rights management information pertaining to Content other than Your Content.
(vii) You must not use the Platform to upload, post, store, transmit, display, copy, distribute, promote, make available or otherwise communicate to the public: any Content that is offensive, abusive, rebellious, defamatory, obscene, racist, sexually explicit, ethnically or culturally offensive, indecent, that promotes violence, terrorism, or illegal acts, incites hatred on grounds of race, gender, religion or sexual orientation, or is otherwise objectionable in FireMud FM’s reasonable discretion; any information, Content or other material that violates, plagiarizes, misappropriates or infringes the rights of third parties including, without limitation, copyright, trademark rights, rights of privacy or publicity, confidential information or any other right; or any Content that violates, breaches or is contrary to any law, rule, regulation, court order or is otherwise is illegal or unlawful in FireMud FM’s reasonable opinion; any material of any kind that contains any virus, Trojan horse, spyware, adware, malware, bot, time bomb, worm, or other harmful or malicious component, which or might overburden, impair or disrupt the Platform or servers or networks forming part of, or connected to, the Platform, or which does or might restrict or inhibit any other user’s use and enjoyment of the Platform; or any unsolicited or unauthorized advertising, promotional messages, spam or any other form of solicitation.
(viii) You must not commit or engage in, or encourage, induce, solicit or promote, any conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law or regulation.
(ix) You must not rent, sell or lease access to the Platform, or any Content on the Platform, although this shall not prevent you from including links from Your Content to any legitimate online download store from where any item of Your Content may be purchased.
(x) You must not download music in any sort of bad practices.
(xi) You must not deliberately impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity, for example, by registering an account in the name of another person or company, or sending messages or making comments using the name of another person. (xii) You must not stalk, exploit, threaten, abuse or otherwise harass another user, or any FireMud FM employee.
(xiii) You must not use or attempt to use another person’s account, password, or other information, unless you have express permission from that other person.
(xiv) You must not sell or transfer, or offer to sell or transfer, any FireMud FM account to any third party without the prior written approval of FireMud FM.
(xv) You must not collect or attempt to collect personal data, or any other kind of information about other users, including without limitation, through spidering/crawling or any form of scraping.
(xvi) You must not violate, circumvent or attempt to violate or circumvent any data security measures employed by FireMud FM or any Uploader; access or attempt to access data or materials which are not intended for your use; log into, or attempt to log into, a server or account which you are not authorized to access; attempt to scan or test the vulnerability of FireMud FM’s servers, system or network or attempt to breach FireMud FM’s data security or authentication procedures; attempt to interfere with the Website or the Services by any means including, without limitation, hacking FireMud FM’s servers or systems, submitting a virus, overloading, mail-bombing or crashing. Without limitation to any other rights or remedies of FireMud FM under these Terms of Use, FireMud FM reserves the right to investigate any situation that appears to involve any of the above, and may report such matters to, and co-operate with, appropriate law enforcement authorities in prosecuting any users who have participated in any such violations. You agree to comply with the above conditions, and acknowledge and agree that FireMud FM has the right, in its sole discretion, to terminate your account or take such other action as we see fit if you breach any of the above conditions or any of the other terms of these Terms of Use. This may include taking court action and/or reporting offending users to the relevant authorities.

Liability of Content

You hereby acknowledge and agree that FireMud FM-
(i) stores content and other information at the direction, request and with the authorization of its users,
(ii) acts merely as a passive conduit and/or host for the storage and stream of such Content, and (iii) plays no active role and gives no assistance in the presentation or use of the Content. You are solely responsible for all of Your Content that you provide for the upload, post or distribute to, on or through the Platform, and to the extent permissible by law, FireMud FM excludes all liability with respect to all Content (including Your Content) and the activities of its users with respect thereto. FireMud FM and its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders hereby exclude, to the fullest extent permitted by law, any and all liability which may arise from any Content provided to the Platform by users, including, but not limited to, any claims for infringement of intellectual property rights, rights of privacy or publicity rights, any claims relating to publication of defamatory, pornographic, obscene or offensive material, or any claims relating to the completeness, accuracy, currency or reliability of any information provided by users of the Platform. By using the Platform, you irrevocably waive the right to assert any claim with respect to any of the foregoing against FireMud FM or any of its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders.

Reporting Infringements

If you discover any Content on the Platform that you believe infringes your copyright, please report this to us using any of the methods: If you would prefer to send us your own written notification, please make sure that you include the following information: a statement that you have identified Content on FireMud FM that infringes your copyright or the copyright of a third party on whose behalf you are entitled to act; a description of the copyright work(s) that you claim have been infringed; a description of the Content that you claim is infringing and the FireMud FM URL(s) where such Content can be located; your full name, address and telephone number, a valid email address on which you can be contacted, and your FireMud FM user name if you have one; a statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law; and a statement by you that the information in your notice is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; Your notice should be sent to us by email to admin[at]firemudfm.com and/or by mail to the following address: FireMud FM, 233/B2,2nd floor Spaze IT Park, Sohna Road, Gurgaon, Haryana – 122007

Blocking or Removal of Content

Notwithstanding the fact that FireMud FM has a little legal obligation to monitor the Content on the Platform, FireMud FM reserves the right to block, remove or delete any Content at any time, and to limit or restrict access to any Content, for any reason and without liability, including without limitation, if we have reason to believe that such Content does or might infringe the rights of any third party, has been uploaded or posted in breach of these Terms of Use, our privacy policy and terms of use will be applicable by the law.

Repeat Infringers

FireMud FM will suspend or terminate your access to the Platform if FireMud FM determines, in its reasonable discretion, that you have repeatedly breached these Terms of Use. If we receive a valid notification from a third party in accordance with our reporting processes or applicable law that any of Your Content infringes the copyright or other rights of such third party, or if we believe that your behaviour is inappropriate we will send you a written warning to this effect. Any user that receives more than two of these warnings is liable to have their access to the Platform terminated forthwith. We will also suspend or terminate your account without warning if ordered to do so by a court, and/or in other appropriate circumstances, as determined by FireMud FM at its discretion.

Changes to Platform, Accounts, Pricing

FireMud FM reserves the right at any time and for any reason to suspend, discontinue, terminate or cease providing access to the Platform or any part thereof, temporarily or permanently, and whether in its entirety or with respect to individual territories only. In the case of any temporary or permanent suspension, discontinuation, termination or cessation of access, FireMud FM shall use its reasonable endeavours to notify registered users of such decision in advance. You hereby agree that FireMud FM and its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders shall not be liable to you or to any third party for any changes or modifications to the Website, Apps and/or any Services that FireMud FM may wish to make from time to time, or for any decision to suspend, discontinue or terminate the Website, the Services or any part or parts thereof, or your possibility to use or access the same from or within any territory or territories. FireMud FM may change the features of any type of account, may withdraw or, or introduce new features, products or types of account at any time and for any reason, and may change the prices charged for any of its Pro Accounts from time to time. In the event of any increase in the price or material reduction in the features of any Pro Account to which you have subscribed, such change(s) will be communicated to you and will only take effect with respect to any subsequent renewal of your subscription. In all other cases, where FireMud FM proposes to make changes to any type of account to which you subscribe (Pro Account or otherwise), and these changes are material and to your disadvantage, FireMud FM will notify you of the proposed changes by sending a message to your FireMud FM® account and/or an email to the then current email address that we have for your account, at least six (6) weeks in advance. You will have no obligation to continue using the Platform following any such notification.

Assignment to third party

FireMud FM may assign its rights and (where permissible by law) its obligations under this Agreement, in whole or in part, to any third party at any time without notice, including without limitation, to any person or entity acquiring all or substantially all of the assets or business of FireMud FM. You may not assign this Agreement or the rights and duties hereunder, in whole or in part, to any third party without the prior written consent of FireMud FM.

Applicable law and Jurisdiction

Except where otherwise required by the mandatory law of the United States or any member state of the European Union,

(i) this Agreement is subject to the laws of the Delhi Jurisdiction
(ii) you hereby agree, and FireMud FM agrees, to submit to the exclusive jurisdiction of the courts in Delhi for resolution of any dispute, action or proceeding arising in connection with this Agreement. The foregoing provisions of this Applicable Law and Jurisdiction section do not apply to any claim in which FireMud FM seeks equitable relief of any kind. You acknowledge that, in the event of a breach of this Agreement by FireMud FM or any third party, the damage or harm, if any, caused to you will not entitle you to seek injunctive or other equitable relief against FireMud FM, including with respect to Your Content, and your only remedy shall be for monetary damages, subject to the limitations of liability set forth in these Terms of Use.

Disclosures

The services hereunder are offered by FireMud FM, a company incorporated under the laws of Delhi jurisdiction. You may contact us by sending correspondence to the foregoing address or by emailing us at admin[at]firemudfm.com

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