Last Updated: June 06, 2019

These Terms of Use (“Agreement”) for the HCL Music Application (“Application”) are a legal and Binding Agreement between You (“You”, “Your” or “Yourself”) and HCL Corporation Private Limited (“Our”, “Us”, “We” or “HCL”) which governs Your use of the Application, together with all information, content, applications, software, products, materials and services made available to You with the Application by HCL (“Services”). Please read this Agreement carefully prior to using the Services.

By registering for or otherwise accessing or using the Application in any manner whatsoever, you acknowledge that You have read and understood this Agreement, consent to become a party of this Agreement and agree to be bound by and comply with the Term and Conditions herein. These Terms and Conditions of use may be changed in the future without prior notice to you and your continued usage of this Application shall be deemed as acceptance of such change in terms and conditions. You may choose not to agree changes in terms and conditions by stopping use of this Application.

1. Enrollment in the Service

  • 1.1 In order to access certain Services as a validly registered user in accordance with the terms of this Agreement (“User”), You may need to register on the Application through means, which may involve (without limitation), setting up profile, connecting with your social networking accounts (such as Facebook or Google), providing your mobile number (and access to it to HCL), username, password, your name and other personally identifiable information. You are responsible to ensure that all information you provide in connection with the foregoing is correct and accurate, complete, and updated. You may not select as your user name a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission. You will be responsible to ensure protection and confidentiality of all your username and password or account or profile, if any. You hold HCL harmless in connection with all claims relating to the foregoing and to the Service.
  • 1.2 In the event you access our Services through social networking accounts, You agree to (a) provide us access to personally identifiable information such as username, phone number, home location, work location, current location, email address, interest etc; (b) access your friend list and other activities; (c) post on social networking account certain notifications/events. If you register using any social networking account(s), you will be entirely responsible for maintaining the privacy and security of such account. Further you understand that HCL does not control such accounts in any way and HCL in no way will ne responsible for the safety and security of such accounts.
  • 1.3 You represent and warrant that you are an individual of legal age as may be required under applicable laws to form a binding contract. If you are not of such age, please discontinue use of and registration to the Service or please ensure that, you’ve received your parent’s or guardian’s permission to use the Services and your access is supervised by your legal guardian and who must agree to these terms and condition here.
  • 1.4 You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation, or generally accepted practices or guidelines in the relevant jurisdictions. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law. HCL will not be responsible for any unauthorized, unlawful use of the Service, Application or Content by any user or any other person who is not a valid user.
  • 1.5 The Service currently allows Users to sample, download, and/or stream certain media and content (“Content”) that may be provided through the Service in any format, media or device whatsoever in HCL’s sole discretion.
  • 1.6 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services). You agree that you will not reproduce, duplicate, copy, sell, trade, or resell the Services for any purpose.
  • 1.7 You agree that you are solely responsible for (and that HCL has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which HCL may suffer) of any such breach

2. Content Usage

  • 2.1 HCL grant you a non-exclusive, non-transferable, restricted, revocable and limited right to use the Content only for personal use, for non-commercial purposes and always subject to the terms of this Agreement.
  • 2.2 You must comply will all applicable copyright and other laws in connection with your access to the Services and use of Content. You may not redistribute, transfer, assign, sublicense, sell broadcast, rent, share lend, modify, adapt, edit or otherwise transfer or use the Content in any other manner whatsoever unless otherwise allowed under this Agreement. We do not grant you any synchronization, public performance, promotional use, commercial sale, resale, reproduction, rental or distribution rights in the Service or the Content.
  • 2.3 Some of the content provided through this Application may be protected using security frameworks that limit your usage of the content. You agree that you shall not violate or attempt to violate any security components related to this Application. You agree not to attempt to or aid / support another person to reverse-engineer, circumvent, 'hack', disassemble or otherwise alter or interfere with any of the security components related to this Application or any Content provided through it. Any such security component is an essential part of the Content and may not be removed without copyright infringement of such Content. Content may also be provided in formats without any digital rights management or security component. Such content may be used in manners reasonably necessary for personal and non-commercial use.

3.Technological and Use Limitation

  • 3.1 HCL will make reasonable efforts to keep the Application and Service operational. However, certain technical difficulties, routine maintenance/upgrades and any other event outside the control of HCL may, from time to time, result in temporary service interruptions. HCL also reserves the right at any time and from any time to modify or discontinue, temporarily or permanently, functions of the Application/ Service with or without notice. You agree that HCL shall not be liable to you or any third party for any direct or indirect consequences of any modification, suspension, discontinuance of or interruption to the Service.
  • 3.2 By enrolling in and/or using the Service, you acknowledge and agree that you have no right to provide the Content and any materials obtained through the Service to any other party through any means. You may only retain one copy of the downloaded Content and any materials obtained through the download portion of the Service for your personal use. You understand and agree that any material obtained through the streaming portion of the Service to your device is solely intended for real time listening and viewing and not intended for copy, storage or permanent download even for your personal use. You will not try to download or make copies of any streaming Content through any means on any device for any reason.
  • 3.3 You understand that your use of and access to the Services at all times may be allowed / restricted on certain devices only in HCL’s sole discretion. You may not use the Services on any devices, platforms or format that HCL has restricted.
  • 3.4 Misuse of the Services (or use in a manner not in accordance with the intended purpose for which the Service, Content or Software is provided to Users) in any manner is strictly prohibited. You will not use the Service in a way that (a) is not for personal use, (b) is meant to circumvent the use restrictions on the Service and Content as specified under this Agreement or directly from HCL from time to time, (c) adversely affects or is meant to distort any data, information or other metrics collected or that may be collected by HCL in relation to the provision of and Users’ of the Services, Content, Software and other materials. Any violation by you of this provision may be a fraud against HCL
  • 3.5 You are prohibited from violating or attempting to violate the security of the Service, including, without limitation: (a) accessing data not intended for you or logging onto a processor, communications or access device or account which you are not authorized to access, including without limitation, those of any other Users; (b) attempting to probe, scan or test the vulnerability of the Service/ Software or to breach security or authentication measures, regardless of your motives or intent; (c) attempting to interfere with or disrupt the Service or service to any user, processor, host or network, including, without limitation, by submitting a virus, worm, malware, backdoor code or Trojan horse; or (d) sending unsolicited e-mails or other information, including promotions or advertising. Violations of system or network security of HCL or any of the Users, or violating this Agreement may result in civil or criminal liability. We have the right to investigate occurrences, which may involve such violations and we may involve, provide information to and cooperate with, law enforcement authorities in prosecuting Users and any other persons who are involved in such violations
  • 3.6. You acknowledge that HCL derives its rights to use the Content and other materials offered on the Service from artists, record labels, publishers and other third parties, which rights may be available to HCL for fixed periods of time sand/or for limited methods of distribution and/or or for limited territories. In addition, HCL may be required to pull certain media, Content or other materials off the Service (or otherwise restrict access to them) for legal or commercial reasons. Therefore, HCL reserves the right to remove any such content from the Service and/or put in place any number and manner of restrictions on the access or use of such content. For example, certain Content, media or materials offered or advertised by HCL may no longer be available or may not be available at certain times, or may be limited to download or streaming only, or the manner and means of distribution, storing and access of the same may be restricted in any manner, including without limitation, restrictions on territory. You will have no claims whatsoever against HCL placing such restrictions or removing any Content with or without notice.
  • 3.7. You agree that you will not, and you will not encourage, assist or authorize any other person to, for any reason whatsoever, reverse engineer, decompile, disassemble, or otherwise tamper with any security components, usage rules or other protection measures applicable to the Service, Software or the Content available on the Service. You further agree that you will not, and will not enable others to, copy (except as expressly permitted hereunder), decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, create derivative works of the Software or any software that is a part of the Software/Service, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by licensing terms governing use of open-sourced components included with the Software or Service). Any attempt to do so is a violation of the rights of HCL. You agree to abide by the rules and policies established from time to time by HCL. Such rules and policies may include, for example, required or automated updates, modifications, and/or reinstallations of the Software or Service and obtaining available patches to address security, interoperability, and/or performance issues
  • 3.8. You will not use the Service, Software or Content for any unlawful means.
  • 3.9 HCL reserves the right to immediately and permanently terminate your access to the Service if HCL believes that you are violating any of the limitations listed in this section.

4. Proprietary Rights

  • 4.1 You will not violate the copyright and any other intellectual property rights in the Content, Application and Service by any means for any purpose. Service, Application or Content may contain third party materials, software, code, script or other materials licensed by HCL from such third parties. You acknowledge that such third parties retain ownership and all rights in such materials and You will not infringe the rights of any such third parties in any manner, including without limitation, reverse engineering, decompiling, disassembling or otherwise tampering with such materials. The Content, Software and the Service is protected by copyright, trade dress, patent, trademark and other laws, international conventions and proprietary rights and all ownership rights to them remain with (as the case may be) the relevant third parties or HCL, or their licensors or its suppliers.
  • 4.2 The content available through the Service is the property of HCL or its licensors and is protected by copyright and other intellectual property laws. Content received through the Service may be viewed, used and played for your personal, non-commercial use only. You agree not to reproduce, retransmit, distribute, disseminate, sell, broadcast, perform, make available to third parties or circulate the content received through the Service to anyone or to exploit any such content for commercial or noncommercial purposes without the express prior written consent of HCL. You further agree not to make use of the Content in a manner that would infringe the copyright therein.
  • 4.3 You acknowledge that HCL retains exclusive ownership of the Service and all intellectual property rights associated therewith. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trade secrets or trademarks with respect to the Service or the Content, and HCL reserves all rights not expressly granted hereunder. You shall promptly notify HCL in writing upon your discovery of any unauthorized use or infringement of the Service (or the Content) or HCL’s patent, copyright, trade secret, trademarks or other intellectual property rights. The Service contains proprietary and confidential information that is protected by copyright laws and international treaty provisions.
  • 4.4 You will not create any derivative works of whatever kind or nature of the Software or any Content without the prior written consent of the relevant third party and/or HCL (as applicable), even if such derivative works are not meant for commercial use.

5. Termination

  • 5.1 We may terminate this Agreement, restrict, suspend or terminate your use of the Service immediately and without notice or liability, if you violate, breach or fail to comply with this Agreement in any way, and it will not limit any other rights or remedies which are available to us.
  • 5.2 Without limitation to any other provisions hereof regarding termination, we reserve the right to terminate your use of the Service for any or no reason without notice.

6. Third Party Sites and Information

Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties, and which may contain references to information, software, materials, products, and/or services provided by the third party. These third party sites may contain information which some people consider inappropriate or offensive. You acknowledge that these third party sites are beyond our control, and we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is undertaken at your own risk, and is subject to the terms of use and privacy policies of each site. We include third party links or references merely as a convenience to our users, and we do not endorse nor assume any liability for the third party websites, services, or products.

7.Advertisements

We, in our sole discretion, may post the advertisements or other materials of third parties on this Application. Your correspondence or any other transaction with advertisers found on this Application is solely between you and such advertisers. You agree that we shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as a result of the presence of such advertisements on this Application. Moreover, we shall not be responsible or liable for the statements or conduct of any such advertisers on this Application.

8.Exclusion of Warranties

You expressly agree that use of and access to the service is at your sole risk. the service is provided on an “as is” and an “as available” basis. we do not make, and hereby disclaim, any representations or warranties regarding the service, the application and the services offered through the application or any portion thereof, express, implied or statutory, including (without limitation) implied warranties of merchantability, fitness for a particular purpose, title, noninfringement of third party rights, or any warranties arising by course of dealing or custom of trade. we make no representation or warranty that any material, content, application, software or services displayed on or offered through the service are accurate, complete, appropriate, reliable, or timely. we also make no representations or warranties that the service will meet your requirements and/or your access to and use of the service will be uninterrupted or error-free, free of viruses, malicious code, or other harmful components, or otherwise secure.

9. Limitation of Liability

To the maximum extent permitted by applicable law, hcl, its licensors, suppliers, partners, affiliates or third-party service providers shall not be liable to you or any third party for any direct, indirect, incidental, special, exemplary, punitive or consequential damages, and/or for loss of profits/ revenues/ data/ business, or for any other form of damages in any manner arising out of or in connection with this agreement or for your use of the service, regardless of the form of action or the basis of the claim (including negligence) or whether or not hcl has been advised of the possibility of such damages.

10. Indemnity

You agree to defend, indemnify and hold us harmless against any losses, expenses, costs or damages (including our reasonable attorneys’ fees, expert fees’ and other reasonable costs of litigation or proceedings) arising from, incurred as a result of, or in any manner related to any claim or action based upon (a) your breach of, or failure to comply with, the terms and conditions of this Agreement, and including infringement of the copyright or any intellectual property right in the Content, Software or Services, (b) your use of the Service, and/or (c) the use of the Service by any other person using your device. We may, in our discretion, participate in the defense of any such claim or action and any negotiations for its settlement or compromise. No settlement which may adversely affect our rights or obligations shall be made without our prior written approval. We reserve the right, at our own expense and on notice to you, to assume exclusive defense and control of any such claim or action and then your corresponding indemnification obligation will end

11.Governing Law

This Agreement is governed by the laws of India, without regard to its conflicts of law provisions; and you hereby consent to the exclusive jurisdiction of courts in New Delhi, India with respect to all disputes arising out of or relating to the Service. In addition, you hereby consent to the exclusive jurisdiction of and venue in such courts for any action commenced by you against us (or our affiliates).

12.Acceptance of Privacy Policy

By using HCL’s Music Application and services, you signify your acceptance of the Privacy Policy related to the same. If you do not agree or are not comfortable with any policy described in the Privacy Policy, your only remedy is to discontinue use of HCL Music Application. We reserve the right, to modify the Privacy Policy at any time.

13.Disclaimer

hcl expressly discalims any responsibility or liability for any third party provided services for access, including without limitation any social media accounts, ad networks or any other third party who is integrated with this application

hcl makes no representations or warranties of any kind whatsoever, express or implied, in connection with this application and/or any products/content and/or services provided through this application. without limiting the foregoing, hcl disclaims any warranty that the application and/or any content/product or services will be error free or uninterrupted or that any or all errors will be corrected.

hcl further disclaims any and all warranties with respect to the application and/or any content/product or services as to merchantability, satisfactory quality, accuracy of any information provided, fitness for a particular purpose, or non-infringement.

hcl further disclaims any and all warranties arising from course of dealing or usage of trade.

14. Other Important Provisions

  • 14.1  Use of the Service is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this Section. You shall not use the Service in any manner contrary to local, state or national law. HCL expressly disclaims any and all responsibility or liability for any action by you that is contrary to such law(s) by you and reserves the right to terminate your Service immediately upon notice of your failure to comply with any such local, state or national law.
  • 14.2 Our performance of this Agreement is subject to existing laws and legal process and the policies and business decisions of HCL, and nothing contained in this Agreement is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by us with respect to such use.
  • 14.3 If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.
  • 14.4 No failure or delay in enforcing any provision, exercising any option or requiring performance, shall be construed to be a waiver of that or any other right in connection with this Agreement.
  • 14.5 You may not assign your rights under this Agreement without our prior written permission and any attempt by you to do so shall be void from inception.
  • 14.6 This Agreement, together with our Privacy Policy and any other rules, regulations, procedures and policies which we refer to and which are hereby incorporated herein by this reference, constitutes the entire agreement between you and us with respect to the Service and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the Service.
  • 14.7 Any provision which must survive in order to allow us to enforce its meaning shall survive the termination of this Agreement.
  • 14.8  A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

15. Contact Information

If you have any questions regarding this Application or any requests for additional information concerning HCL, please send us an email at: info@hclmusic.com.