TERMS & CONDITIONS
iPaadal Technologies Private Limited is a private limited company, incorporated and existing under the Companies Act, 2013 having its registered office at Pondicherry, India (“Company”, “iPaadal” “We”, “Us”, “Our” and terms of similar meaning). The Company is engaged in the business of publishing, marketing and distributing musical work through various distribution methods on their own or through its sub-licensees. Pursuant to the foregoing, one such distribution method adopted by the Company is the publication of musical work through its programmed platform, which may be web or mobile based marketed under the brand name ‘Doopaadoo’ (“Platform”) subject to these terms and conditions of use as set out herein and as may be amended from time to time in the manner as set forth herein below ('Terms'). Please read these Terms carefully before using the Platform. The terms “User” or “You” shall mean any person who accesses the Platform of the Company for the purpose of viewing and accessing the Content (As defined hereunder).
We retain the right to deny access to anyone who We believe has violated any of these Terms or for any reason whatsoever at Our sole discretion.
- By using the Platform, You represent and warrant that:
- You are at least 18 years old;
- You have the lawful authority and capacity to contract and be bound by these Terms;
- If You are accepting these Terms on behalf of a company, limited liability partnership or other legal entity, You have the authority to bind such entity to these Terms and, in such event, “You” and “Your” as used in these Terms shall refer to such entity; and
- You will comply with all applicable laws and regulations.
If you do not agree with the Terms, please do not use this Platform.
The term “Content” shall mean and include all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, songs, sound recordings, videos, trailers, teasers, images, artwork and computer code, the design, structure, selection, coordination, expression, intellectual property, “look and feel” and arrangement of such Content, contained on the Platform.
Use of the Content by the User
No part of the Platform and the Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, web site or other medium for publication or distribution or for any purpose whatsoever, without the Company’s express prior written consent.
You shall not use any “deep-link”, “page-scrape”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any Content, to obtain or attempt to obtain any materials, documents or information or Content through any means not purposely made available through the Platform. We reserve the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to the Company server, or to any of the services offered on or through the Platform, by hacking, password “mining” or any other illegitimate means.
You shall not probe, scan or test the vulnerability of the Platform or any network connected to the Platform, nor breach the security or authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace or seek to trace any information of any other user of or visitor to the Platform, including any iPaadal account not owned by You, to its source, or exploit the Platform or any Content or information made available or offered by or through the Platform, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Platform.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person’s use of the Platform. You shall not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.
You shall not use the Platform or any Content for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of the Company or the others users or the creators of the Content.
In addition, You are strictly prohibited from creating derivative works or materials that otherwise are derived from or based ,on the Content in any way, including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, unless it is expressly permitted by the Company in writing. This prohibition applies even if You intend to give away the derivative materials free of charge.
Registration and Access to use
In order to access the Platform, You will be required to register with Us on the Platform. To register with Us, You will be required to open an account by completing the registration process (i.e. by providing Us with current, complete and accurate information as prompted by the applicable registration form). You also will choose a password and a user name. Upon registeration you will be allotted an iPaadal ID and password (“iPaadal ID”). You are entirely responsible for maintaining the confidentiality of Your iPaadal ID and password.
You may not use anyone else’s iPaadal ID, password or account at any time without the express permission and consent of the holder of that iPaadal ID, password or account. We cannot and will not be liable for any loss or damage arising from Your failure to comply with these obligations.
In particular, as a parent or legal guardian, You acknowledge and assume sole responsibility to ensure that Content which is meant for mature audiences (i.e, above the age of majority) is not accessed by children. Hence, You shall not share your log in credentials with Your children. You expressly agree to absolve the Company of any responsibility / liability in this regard.
Facebook and/or Twitter and/ or Google Connect : You may also register on the Platform by using Your Facebook and/or Google and/ or Twitter username and password. Using Facebook and/or Twitter and/or or Google connect allows Us to personalize and enhance Your experience while using and accessing the Platform, based on Your personal information, profile, likes, and other relevant information. When You use this feature, You expressly consent to information about Your activity on the Platform (i.e. what You have listened, what You have liked, ratings given by You, etc.) being continuously released and automatically posted on Your Facebook and/or Twitter and/or or Google account (which has been used to log in) and made available to Your friends on Facebook and/or Twitter and/or or Google. You may control the information being shared through Facebook and/or Twitter and/or or Google by changing Your account / privacy settings.
By registering, You agree to the Terms stated herein and each registration is for a single individual user only.
Access to use : To access the Platform, You will be asked to enter Your individual user name and password, as chosen by You during your registration. Therefore, the Company does not permit any of the following:-
- Any other person sharing Your account and password;
- Any part of the Platform being cached in proxy servers and accessed by individuals who have not registered with the Company as users of the Platform; or
- Access through a single account and Password being made available to multiple users on a network.
If We believe that an account and password is being used / misused in any manner, We shall reserve the right to cancel access rights immediately without notice, and block access to all users from that IP address. Furthermore, You shall be entirely responsible for any and all activities that occur under Your account. We will not be liable for any loss that You may incur as a result of someone else using Your password or account, however, You could be held liable for losses incurred by Us or another party due to someone else using Your account or password.
The availability of the Content through the Platform will change from time to time. The quality of the Content may vary from computer to computer, and device to device, medium to medium and may be affected by a variety of factors, such as Your location, the bandwidth available through and/or speed of Your Internet connection. You are responsible for all internet access charges. Please check with Your internet provider for information on possible internet data usage charges.
You may access the Content on the Platform only in geographic locations where the Company offers the same. The Company may not offer access to the Platform in certain geographic locations on account of the applicable law or any order, rule imposed by a concerned statutory authority. The Content that may be available to listen will vary by geographic location. The Company may use technologies to verify Your geographic location.
Payment Schedule and Mechanism
For and in consideration for viewing a specific Content in its entirety (“Accessed Content”), in the manner as set forth in the Terms, the Company hereby agrees to grant a share (subject to a maximum of 10%) of the Revenue (As defined herein below) (“Consideration”) to the User. The term “Revenue” shall mean the earnings generated by the Company from the distribution of the Accessed Content less the sum of (a) third party expenses incurred by the Company in the course of exercise of the distribution of the Accessed Content and (b) all taxes (excluding taxes on income earned by the Company) incurred by the Company in respect of such Assessed Content.
The Consideration shall be payable by the Company to the User in accordance with these Terms on a quarterly basis subject to the receipt of the Revenue by the Company in respect of the Assessed Content from such counter-party with whom the Company has entered into a commercial arrangement.
The Company shall be entitled to deduct withholding tax on the payment of the Consideration in accordance with applicable laws prior to payment to the User.
The payment of the Consideration shall be done through payment gateways, PayTM wallets, and registered bank accounts of the User and/or any other manner at the sole discretion of the Company. You also understand and acknowledge that the Company only facilitates the third party payment gateway for processing of payment. This facility is managed by the third party payment gateway providers and You are required to follow all the terms and conditions of such third party payment gateway providers. You are responsible for the accuracy and authenticity of the information provided by You, including the bank account number/credit card details and the like. You agree and acknowledge that the Company shall not be liable and in no way be held responsible for any losses whatsoever, whether direct, indirect, incidental or consequential, including without limitation any losses due to delay in processing of payment instruction or any credit card fraud
The User represents and warrants that (i) any credit information her/she or it supplies is true, accurate and complete in all respects and (ii) such User shall be responsible to be in compliance of applicable law including but not limited to payment of applicable taxes.
If You want to use a different method to receive the Consideration than the one You signed up for during registration, or if there is a change in Your banking information, You may edit such banking information by clicking on Your account. If the method for receipt of Consideration expires and You do not edit Your banking information or cancel Your account, You agree and acknowledge that the Company will not be responsible for any uncollected or outstanding amounts.
You can file any complaint related to payment transfer at the Platform and the same forwarded to the concerned third party payment gateway provider for redressal.
You expressly agree and acknowledge that the Company shall have no liability in respect of the payment of the Consideration and the manner and time of credit thereof.
Intellectual Property Rights and Limited License
Limited License : Subject to Your compliance with the Terms herein, the Company hereby grants You a personal, limited, non-exclusive, non-transferable, freely revocable license to use the Platform for the personal and non-commercial viewing of the Content only.
Any unauthorized use of the Content on the Platform will result in termination of the limited license granted by the Company and cancellation of Your registration on the Platform. Use of Platform or the Content for any other purpose may result in severe civil and criminal penalties. The Company does not promote, foster or condone the copying of Content, or any other infringing activity. Violators will be prosecuted to the maximum extent possible.
The Content: The Content is controlled or licensed to the Company, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws and all ownership rights to the Content remain with the licensors of the Company. All trademarks, service marks, and trade names are proprietary to the Company or its affiliates and/or third party licensors.
Review Comments of Feedback of the Users:
When You review / rate any Content available on the Platform, You give the Company express rights and consent to display Your rating / review in relation to the relevant Content on the Platform, including making it available to other members for viewing. If You do not want Your reviews / ratings to be shared in a public forum, do not use these features.
These features may change without notice to You and the degrees of associated information sharing and functionality may also change without notice.
The Company is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication You may send to us (“User Feedback”), including responses to questionnaires or through postings to the Platform and User Feedback, without further compensation, acknowledgement or payment to You for any purpose whatsoever. By posting / submitting any User Feedback on the Platform, You grant the Company a perpetual, worldwide, non-exclusive, royalty-free irrevocable, sub-licensable license and right in such User Feedback to the Company, including the right to display, use, reproduce or modify the User Feedback in any media, software or technology of any kind.
You shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the Platform, including, without limitation, modems, hardware, software, and long distance or local telephone service. You shall be responsible for ensuring that such equipment or ancillary services are compatible with the Platform.
Links to other Sites
The Company is not responsible for the content or practices of any other website or platforms even if it links to the Platform and even if the website is operated by a company affiliated or otherwise connected with the Company. You acknowledge and agree that the Company is not responsible or liable to You for any content or other materials hosted and served from any website other than the Platform.
Part of the Platform or the Content may contain advertising information or promotion material or other material submitted to the Company by third parties. Responsibility for ensuring that material submitted for inclusion on the Platform complies with applicable international and national law is exclusively on the party providing the information/material. Your correspondence or business dealings with, or participation in promotions of advertisers including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. Before relying on any advertising material, You should independently verify its relevance for Your purpose, and should obtain appropriate professional advice. The Company shall not be responsible nor liable for any loss or claim that You may have against an advertiser or any consequential damages arising on account of Your relying on the contents of the advertisement.
Collection and use of Personal Information
Disclaimer of Warranties and Liability
You understand and agree that the Company provides the Content and the Platform on an 'as-is' 'with all faults' and 'as available' basis. You agree that use of the Platform is at Your risk. All warranties including without limitation, the implied warranties of merchantability, fitness for a particular purpose, for the title and non-infringement are disclaimed and excluded.
No representations, warranties or guarantees whatsoever are made by the Company as to the (a) accuracy, adequacy, reliability, completeness, suitability or applicability of the information to a particular situation; (b) that the service will be uninterrupted, timely, secure, or error-free; (c) the quality of any services, content, information, or other material on the Platform will meet Your expectations or requirements; (d) any errors in the Platform will be corrected; (e) warranties against infringement of any third party intellectual property or proprietary rights; or (f) other warranties relating to performance, non-performance, or other acts or omissions of the Company, its officers, directors, employees, affiliates, agents, licensors, or suppliers.
The Company does not warrant that any of the software used and or licensed in connection with the Platform will be compatible with other third party software or devices nor does it warrant that operation of the Platform and the associated software will not damage or disrupt other software or hardware.
The Company, its affiliates, successors, and assigns, and each of their respective investors, directors, officers, employees, agents, and suppliers (including distributors and content licensors) shall not be liable, at any time for any, direct, indirect, punitive, incidental, special, consequential, damages arising out of or in any way connected with the use of Platform or the Content, whether based in contract, tort, strict liability, or other theory, even if the Company have been advised of the possibility of damages.
In the event any exclusion contained herein be held to be invalid for any reason and the Company or any of its affiliate entities, officers, directors or employees become liable for loss or damage, then, any such liability of the Company or any of its affiliate entities, officers, directors or employees shall be limited to not exceeding Consideration paid to you in the month preceding the date of Your claim for the particular subscription in question chosen by You.
You and the Company agree that any cause of action arising out of or related to use of the Platform or the Content must commence within one (1) year after the cause of action accrues otherwise, such cause of action will be permanently barred.
You agree to indemnify, defend and hold harmless, the Company, its affiliates, successors, and assigns, and each of their respective investors, directors, officers, employees, agents, and suppliers (including distributors and content licensors) from and against any losses, claims, damages, liabilities, including legal fees and expenses, arising out of:
- any claim due to or arising out of Your violation of these Terms, including but not limited to a claim arising out of a breach of Your representations or warranties made hereunder;
- Your use or misuse of or access to the Platform or the Content;
- Your violation of any law, regulation or third party right, including without limitation any copyright, property, or privacy right; or
- any claim that You have caused damage to a third party.
The Company reserves the right, at its own expense, to employ separate counsel and assume the exclusive defence and control of any matter otherwise subject to indemnification by You, and You agree to cooperate with the Company’s defence of these claims.
If the Company does take any legal action against You as a result of Your violation of these Terms, the Company will be entitled to recover from You, and You agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to the Company. You agree that the Company will not be liable to You or to any third party for termination of your access to the Platform as a result of any violation of these Terms. All indemnification claims shall be payable net of taxes.
Termination of Account or Suspension of Account
The Company reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Platform, or any portion of the Platform, for any reason; (2) to modify or change the Platform, or any portion of the Platform, and any applicable policies or terms; and (3) to interrupt the operation of the Platform, or any portion of the Platform, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Disclosure of Information
The Company may disclose any information it may have about You (including your identity) if the Company determines that such disclosure is necessary in connection with any investigation or complaint regarding Your use of the Platform, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) the Company’s rights or property, or the rights or property of visitors to or users of the Platform.
The Company reserves the right at all times to disclose any information that the Company deems necessary to comply with any applicable law, regulation, legal process or governmental request. The Company also may disclose Your information when the Company determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that the Company may preserve any transmittal or communication by You with the Company through the Platform or any service offered on or through the Platform, and may also disclose such data if required to do so by law or the Company determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of the Company, its licensors, its employees, users of or visitors to the Platform, and the public.
Redressal Mechanism : Any complaints, abuse or concerns with regards to content and or comment or breach of these terms shall be immediately informed to the designated Grievance Officer as mentioned below via in writing or through email signed with the electronic signature to [Grievance@doopaadoo.com] “Grievance Officer”
iPaadal technologies private limited
No.388, Third Floor
Vazhuthavur Main Road, Shanmugapuram
Notice of Copyright Infringement:
Our policy is to comply with all intellectual property laws as applicable and to act expeditiously upon receiving any notice of claimed infringement. If You believe that any Content has been reproduced on this Platform in a manner that constitutes copyright infringement, please provide a notice of copyright infringement containing all of the following information:
- A physical or electronic signature of a person authorized to act on behalf of the copyright owner for the purposes of the complaint.
- Identification of the copyrighted work claimed to have been infringed.
- Identification of the material on our website that is claimed to be infringing or to be the subject of infringing activity.
- The address, telephone number or e-mail address of the complaining party.
- A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.
- A statement, under penalty of perjury, that the information in the notice of copyright infringement is accurate, and that the complaining party is authorized to act on behalf of the owner of the right that is allegedly infringed.
All notices of copyright infringement should be sent to [Legal@doopaadoo.com ] and mail to:-
iPaadal technologies private limited
No.388, Third Floor
Vazhuthavur Main Road, Shanmugapuram
None of the provisions of the Terms shall be deemed to constitute a partnership or agency between You and the Company and You shall have no authority to bind the Company in any manner, whatsoever. These Terms are solely for Your and the Company’s benefit and not for the benefit of any other person, except for permitted successors and assigns under these Terms.
You may not transfer to anyone else, either temporarily or permanently, any rights to use the Platform or any part of the Platform. Any attempt by You to do so is void. The Company may assign, transfer, delegate and/or grant all or any part of its rights, privileges and properties hereunder to any person or entity.
Neither Party shall have any liability for any interruption or delay, to access the Platform due to Force Majeure Event. For the purposes of this clause, ´Force Majeure Event´ means any event or circumstance or combination of events and circumstances which is reasonably beyond the control of the party affected thereby and which causes or results in default or delay in performance by such affected party of any of its obligations under this agreement and includes an act of God, war, hostilities, civil commotion, strikes, lockouts and other industrial disputes.
These Terms are governed by and construed in accordance with, the laws of India without giving effect to principles of conflict of law. In the event of any dispute or claim by You against the Company, You agree to submit to the exclusive jurisdiction of courts at Chennai, Tamil Nadu.
Rights and obligations under the Terms which by their nature should survive will remain in full effect after termination or expiration of the registration to the account on the Platform.
Any express waiver or failure to exercise promptly any right under this agreement will not create a continuing waiver or any expectation of non-enforcement.
© iPaadal Technologies Private Limited 2017. All Rights reserved.
This disclaimer/terms of service notification is subject to change without notice.