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THIS IS A LEGAL AGREEMENT BETWEEN YOU AND MERAGANA.COM (A DIVISION OF
CLA INVESTMENT AND TRADING COMPANY 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.
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