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Terms of UseHummaa Infotainment Pvt Ltd, (EFFECTIVE AS OF JANUARY 1, 2007) PLEASE READ CAREFULLY. We may from time to time modify these terms of use and will post a copy of the amended Agreement at Terms and Privacy. If you do not agree to, or cannot comply with, the Agreement as amended, you must stop using the Hummaa services. You will be deemed to have accepted the Agreement as amended if you continue to use any of the Hummaa Services after any amendments are posted on the Site. PARENTAL ADVISORY. THIS AGREEMENT CONTAINS WARRANTY AND LIABILITY DISCLAIMERS. BY USING OR SUBSCRIBING TO THE HUMMAA SERVICES. YOU ACCEPT AND AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. IN ORDER FOR YOU TO HAVE ACCESS TO THE HUMMAA SERVICES, THIS AGREEMENT MUST BE ACCEPTED BY YOU WITHOUT ANY MODIFICATIONS, ADDITIONS, OR DELETIONS. IF YOU DO NOT AGREE TO THE TERMS OF USE CONTAINED IN THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO USE THE HUMMAA SERVICES. YOU MAY BE DENIED ACCESS TO THE HUMMAA SERVICES, WITH OR WITHOUT PRIOR NOTICE TO YOU, FOR NONCOMPLIANCE WITH ANY PROVISION OF THIS AGREEMENT. 1. AUTHORIZED USERS 1.1 Registration.To use any aspect of the Hummaa Services, you may be required to register and provide certain information, including a member or user name, a password and a valid email address (the "Account Information"). You agree to provide accurate Account Information and to update your Account Information as necessary to keep it accurate. Hummaa will use your Account Information in accordance with its privacy policy, as described in Section 7 of this Agreement. You agree that you will not allow others to use any aspect of your Account Information. You are solely responsible for maintaining the confidentiality and security of your account. You agree to notify us immediately of any unauthorized use of your password and/or account. Hummaa will not be responsible for any losses arising out of the unauthorized use of your member name, password and/or account and you agree to indemnify and hold harmless Hummaa, its partners, parents, subsidiaries, agents, affiliates and/or licensors, as applicable, for any improper, unauthorized or illegal uses of the same. 2.RESTRICTIONS You agree that you will not: 2.1 use the Hummaa Services to reproduce copyrighted materials; 2.2 copy, store, edit, change, prepare any derivative work of or alter in any way any of the tracks streamed through the Hummaa Services; 2.3 make the Hummaa Services available over a network (other than Hummaa's network) where it could be used by others 2.4 provide your password to any other person; 2.5 translate, reverse engineer, decompile, disassemble, modify or create derivative works based on the Hummaa Services or any portion of them; 2.6 circumvent any technology used by Hummaa or its licensors to protect content accessible via the Hummaa Services; 2.7 rent, lease or sublicense any of the Hummaa Services; or 2.8 use the Hummaa Services in any way that violates the terms of this Agreement. 3. COPYRIGHTS As between you and Hummaa, you acknowledge that Hummaa owns or has a license to all title and copyrights in and to the Hummaa Services. All title and intellectual property rights in and to the licensed content in the Hummaa Services is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties and subject to use restrictions under such laws or treaties. 4. HUMMAA TRADEMARKS AND THIRD-PARTY TRADEMARKS The following are registered trademarks or trademarks of Hummaa: Hummaa, and its design logo, as well as certain other Hummaa trademarks, service marks, graphics, and logos (collectively, the "Hummaa Trademarks") used in connection with the Hummaa Services. The Hummaa Services may contain third-party trademarks, service marks, graphics, and logos. You are not granted any right or license with respect to Hummaa Trademarks or the trademarks of any third party. 5. SECURITY The Hummaa Services utilize technology to protect transmitted digital information. Your use of the Hummaa Services may be limited by such technology. You acknowledge that, from time to time, Hummaa may modify or discontinue using such technology. Security modifications made by Hummaa may from time to time include required or automated updates, modifications, patches, and/or reinstallations of software. IF YOU ATTEMPT TO VIOLATE OR CIRCUMVENT ANY SYSTEM OR NETWORK SECURITY COMPONENTS OR TECHNOLOGY, YOU MAY BE SUBJECT TO CIVIL OR CRIMINAL LIABILITY. 6. PRIVACY POLICY Unless otherwise addressed in this Agreement, the Hummaa Services are subject to Hummaa's Privacy Policy, that can be found at and that by reference is made a part of this Agreement. It is important that you read and understand the terms of Hummaa's Privacy Policy. Hummaa may cooperate with and disclose information (including your Account Information) to any authority, government official or third-party, without giving any notice to you, in connection with any investigation, proceeding or claim arising from an asserted illegal action or infringement due to your use of the Hummaa Services. 7. TERM This Agreement will remain effective until terminated by you or terminated by us. 8. DISCLAIMERS 8.1 THE HUMMAA SERVICES (INCLUDING ANY SOFTWARE CONTAINED THEREIN) AND ANY UPGRADES OR PLUG-INS AND ANY LICENSED CONTENT ARE LICENSED TO YOU "AS IS." ANY USE OF THE HUMMAA SERVICES WILL BE AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HUMMAA DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. HUMMAA MAKES NO REPRESENTATIONS OR GUARANTEES THAT THE HUMMAA SERVICES WILL BE FREE FROM LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND HUMMAA DISCLAIMS ANY LIABILITY RELATING THERETO. 8.2 HUMMAA MAKES NO GUARANTEES, REPRESENTATIONS, OR WARRANTIES THAT USE OR RESULTS OF THE USE OF THE HUMMAA SERVICES WILL BE ACCURATE, RELIABLE, CURRENT, UNINTERRUPTED OR WITHOUT ERRORS. WITHOUT PRIOR NOTICE, HUMMAA MAY MODIFY, SUSPEND, OR DISCONTINUE THE HUMMAA SERVICES (INCLUDING ANY CONTENT) OR YOUR USE OF THEM. WHENEVER HUMMAA ELECTS TO MODIFY, SUSPEND, OR DISCONTINUE THE HUMMAA SERVICES, IT WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY. 8.3 YOU ACKNOWLEDGE THAT YOUR SUBMISSION OF ANY INFORMATION TO US IS AT YOUR OWN RISK. HUMMAA DOES NOT ASSUME ANY LIABILITY TO YOU WITH REGARD TO ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY. 8.4 YOU UNDERSTAND THAT YOU MAY ENCOUNTER OFFENSIVE, INDECENT OR OTHER OBJECTIONABLE CONTENT WHEN USING THE HUMMAA SERVICES. HUMMAA WILL HAVE NO LIABILITY TO YOU FOR ANY SUCH CONTENT. 8.5 SOME OF THE CONTENT, PRODUCTS, AND SERVICES AVAILABLE THROUGH THE HUMMAA SERVICES MAY INCLUDE MATERIALS THAT BELONG TO THIRD PARTIES. YOU ACKNOWLEDGE THAT HUMMAA ASSUMES NO RESPONSIBILITY FOR SUCH CONTENT, PRODUCTS OR SERVICES. 9. LIMITATION OF LIABILITY 9.1 IN NO EVENT WILL HUMMAA BE LIABLE TO YOU FOR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, CORRUPTION OF FILES, LOSS OF BUSINESS INFORMATION OR ANY OTHER PECUNIARY LOSS) EVEN IF HUMMAA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY HUMMAA OR OTHERS WILL CREATE A WARRANTY AND NEITHER YOU NOR ANY THIRD PARTY MAY RELY ON ANY SUCH INFORMATION OR ADVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY OR MAY NOT APPLY TO YOU. 10. INDEMNITY YOU WILL INDEMNIFY AND HOLD HUMMAA ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY SUITS OR CLAIMS ARISING OUT OF (I) YOUR BREACH OF THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, ANY INFRINGEMENT BY YOU OF THE COPYRIGHT OR INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY; OR (II) YOUR USE OF THE HUMMAA SERVICES. 11.1 You will be responsible for providing the DSL, cable modem and any other hardware and software necessary to use the Hummaa Services. 11.2 Hummaa or its business partners may present advertisements or promotional materials on or through the Site and the Hummaa Services. Your dealings with, or participation in promotions of, any third-party advertisers on or through the Site are solely between you and such third party and your participation is subject to the terms and conditions associated with that advertisement or promotion. You agree that Hummaa is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties on the Site. 11.3 The Site and the Hummaa Services may present links to third-party Web sites not owned or operated by us. We are not responsible for the availability of these third-party sites or their contents. You agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with your use of or reliance on any content of any such third-party site or goods or services available through any such third-party site. 11.4 The Hummaa Services are owned or licensed by Hummaa and are protected by Indian copyright laws and international treaty provisions. You will not sublicense, assign, or transfer the license granted to you under this Agreement. Any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations in violation of the provisions of this Agreement is void. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND WILL BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THIS AGREEMENT REPRESENTS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT. |