Through the Platform, Bigtree and its affiliate companies shall provide the User with access to digital content in the form of sound recordings and audio-visual content by allowing the User to download such content and/or other similar and/or related services in connection with the Content ("Music Service").
By accessing or using the Platform and/or by downloading any Content from or to the Platform, you represent that you have read this Agreement and agree to be bound by the same and all terms incorporated by reference. You further represent and warrant that you are either 18 years of age or more, or the applicable age of majority in your jurisdiction, or if you are under 18 years of age or the age of majority in your jurisdiction, you are 13 years of age or more and have your parent(s)' or legal guardian(s)' permission to use the Platform. If you do not agree with all of the use requirements and restrictions described herein, do not use and/or access the Platform or our Music Service.
This Agreement does not alter in any way the terms or conditions of any other agreement you may have with Bigtree in so far as the same are not inconsistent with the terms and conditions of this Agreement. In the event of a conflict, the terms and conditions of this Agreement shall supersede any other agreement you may have with Bigtree.
The Company reserves the right to change or modify any of the terms and conditions contained in this Agreement including any other policy incorporated herein by reference, at any time and in its sole discretion. Any changes or modification will be effective immediately and you waive any right you may have to receive specific notice of such changes or modifications. You are free to decide whether or not to accept the changed/modified version of this Agreement, but accepting such a changed/modified Agreement is essential and required for you to continue using the Platform. You may have to click "accept" or "agree" to show your acceptance of any changes/modifications made to this Agreement. In the event that you are not required to expressly click any such "accept" or "agree" option, your continued use of this Platform following the posting of changes or modifications will confirm your acceptance of such changes or modifications. Therefore, you agree that you will periodically review this Agreement from time-to- time to understand the terms and conditions that apply to your use of the Platform. If you do not agree to the terms of this Agreement or to any changed/amended/modified version of this Agreement, your sole recourse is to terminate your use of the Platform, in which case you will no longer have access to the Platform, including any account you might have opened to access the Platform. Except as otherwise expressly stated, any use of the Platform, is subject to the version of this Agreement in effect at the time of use. This Agreement does not alter in any way the terms or conditions of any other agreement you may have with Bigtree in so far as the same are not inconsistent with the terms and conditions of this Agreement. In the event of a conflict, the terms and conditions of this Agreement shall supersede any other agreement you may have with Bigtree.
Through its "BookMyShow" mobile application and website ("BMS Platform"), Bigtree provides a User with the ability to, inter alia, purchase and/or reserve tickets for cinemas, plats, concerts, sports events, etc throughout India. You may use the Music Service only if you are a registered user of the BMS Platform in accordance with Bigtree's terms and conditions in that regard ("User Account").
The Music Service allows Users to download certain media and content ("Content") that may be provided through the Music Service in any format, media or device whatsoever at Bigtree's sole discretion.
A User may elect to download/purchase Content through the Music Service by using the Credits (defined below) earned by the User. You will have the right to retain a copy of such purchased/downloaded Content for your own/personal use as the owner of that copy of the Content, subject to the underlying rights (including copyrights and other intellectual property rights of the authors, composers, performers, artists, publishers and record labels). Your use of such downloaded Content may be restricted as per existing laws and rights of such third parties. You will be entirely responsible for your use in any manner of any purchased Content.
The availability of Content through the Music Service will change from time to time. The quality of the music may vary from device to device, 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 and/or use the Music Service only in geographic locations where Bigtree offers the Music Service. The Content that may be available to download will vary by geographic location. Bigtree may use technologies to verify your geographic location.
Subject to your adherence of all the terms and conditions stated herein, Bigtree grants you a non-exclusive, non-transferrable, restricted, revocable and limited right to use the Content only for your personal, non-commercial use and such use shall, at all times, be subject to the terms of this Agreement.
We do not, under any circumstances, accept returns of any Content downloaded through the Platform. We have no liability for Content you find to be offensive, indecent or objectionable. You understand that Bigtree is not the author of the Content and has no control or right over the creation or the substance of the Content. Bigtree does not screen the Content in any manner before making it available to the Users through the Music Service. All Content is provided as-is.
Unique Identifiers: Bigtree may, in its sole discretion, elect to insert identifiers in the metadata that accompanies the Content and that uniquely identify it as Content you have purchased from us ("Unique Identifiers"). These Unique Identifiers may include a random number we assign to your order or copy, purchase date and time, an indicator that the music was downloaded from the Platform using the Music Service, codes that identify the album and song and the origin of the Content, and other such information. Content that includes Unique Identifiers may be marked in the relevant place from where you download the Content. These Unique Identifiers do not affect the playback experience in any way. You may not, and you will not encourage, assist or authorize any other person to, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the Unique Identifiers, whether in whole or in part.
You acknowledge that Bigtree will not censor or edit any portion of the Content before providing access to You. By using the Music Service, you expressly acknowledge and agree that Bigtree shall not be responsible for any damages, claims or other liability arising from or related to your access to, use or download of any Content, or from the use of the Music Service in any manner.
You further acknowledge that Bigtree at all times will have the unrestricted right to track all your activity on the Music Service, Platform and access to and download of the Content. Bigtree reserves the right to use such information for marketing, business, development, evaluation and service-enhancement purposes.
Notwithstanding anything else in this Agreement, the method in which Bigtree provides the Content and/or the terms and conditions on which Bigtree allows registration and access to, and use of, the Music Service, shall be subject to change at any time at Bigtree's sole discretion, without any advance notice to you.
You must comply with all applicable copyright and other laws in connection with your access to the Music Service and use of the Content. You may not redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, sublicense or otherwise transfer or use the Content, 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 Music Service or the Content. As part of the Music Service, Bigtree may allow you to create custom playlists of the Content available on the Platform and to share such playlists and other Music Service-related activity(ies) through the Platform and/or through your social media pages. You will be solely responsible for any activity, playlists or other materials that you share and further agree and acknowledge that Bigtree shall have the right to re-post, re-share and otherwise use such materials that you share.
You may use the Music Services and the Content thereon only for personal, non-commercial purposes. Bigtree's delivery of Content does not transfer any promotional use rights to you and does not constitute a grant or waiver of any rights of the copyright owners.
It is your responsibility not to lose, destroy or damage any downloaded Content. We encourage you to back up your Content regularly.
You may not tamper with or circumvent any security technology included with the Music Services.
You may access our Music Services only using Bigtree's Platform, and may not modify or use modified versions of such Platform.
You can use Digital Rights Management (DRM)-free downloaded Content, if applicable, on upto 5 (five) compatible devices that you own or control for your personal and non-commercial use.
The User can earn and accrue points/credits by using the ticketing service provided by Bigree for the purchase of tickets paid for by any means of payments accepted by the BMS Platform ("Credits").
The Credits earned and/or the value of such Credits to use the Music Service may vary per transaction at the sole discretion of Bigtree and such Credits shall not, at any time, be construed as legal currency. Such Credits can only be utilized by a User to access the Music Service. The method to earn such Credits is subject to change from time to time and the User shall be responsible for regularly reviewing these terms and conditions. At no time can the Credits be credited to or issued to, purchased by, sold to and/or otherwise transferred to any person other than the User who has earned such Credits.
The Credits earned by a User can be used to access the Music Service offered by Bigtree through the Platform.
All Content available on the Platform that is redeemable with Credits shall at all times be subject to availability and the warranties and conditions at the time of redeeming such Content.
On using the Credits to download any Content, the Credits accruing to a User Account shall automatically be deducted from the accumulated Credits of such User.
The use of such Credits have no monetary refund value and Credits are not exchangeable for any other benefits and are not refundable.
You agree that the Music Service, including but not limited to Content, graphics, user interface, audio clips, video clips, editorial content, and the scripts and software used to implement the Music Services including the Platform, contain proprietary information and material that is owned by Bigtree and/or its assignors/licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Music Services for personal, noncommercial uses in compliance with this Agreement. No portion of the Music Service may be reproduced in any form or by any means, except as expressly permitted by this Agreement. You agree not to modify, rent, loan, sell, or distribute the Music Service or Content in any manner, and you shall not exploit the Music Service in any manner not expressly authorized.
Unless you have agreed otherwise in writing with Bigtree, nothing in this Agreement gives you the right to use any of Bigtree's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices), which may be affixed to or contained within the Music Services. Unless you have been expressly authorized to do so in writing by Bigtree, you agree that in using the Music Service, you will not use any trade mark, service mark, trade name, or logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
Your request to download a particular track forming a part of the Content is personal to you, and the track may not be used, sold, rented, transferred, licensed or otherwise provided to any other user. The license to the downloaded tracks include only those rights explicitly stated in the Music Service (typically, the right to play back for your own personal use from your personal electronic device), and, for the avoidance of doubt, do not include the right to create a derivative work, to make copies other than for your own personal use, or to use the track in any commercial manner.
Bigtree may, at any time, and at its sole discretion, terminate its legal agreement with you, including termination of your User Account, if you breach any provision of this Agreement. Bigtree holds the right to deny you access to the Music Service without any express reason. Bigtree may also terminate the relationship with you if Bigtree is legally required to do so (e.g., when provision of the Music Service provided by Bigtree is, or becomes, unlawful); or if the partner(s) with whom Bigtree offered the Music Services to you has terminated its relationship with Bigtree or ceased to offer the Music Services to you; or the provision of the Music Services to you by Bigtree is, in Bigtree's sole discretion, no longer commercially viable.
Some of the Music Services may be supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Music Services, queries made through the Music Services, and/or any other information.
The manner, mode and extent of advertising by Bigtree on the Music Services are subject to change without specific notice to you. In consideration for Bigtree granting you access to and use of the Music Service, you agree that Bigtree may place such advertising on the Music Service.
Disclaimer Of Warranties; Liability Limitation
Bigtree does not guarantee, represent, or warrant that your use of the Music Services will be uninterrupted or error-free, and you agree that from time to time Bigtree may remove the Music Services and/or part(s) thereof for indefinite periods of time, cancel the Music Services at any time, or otherwise limit or disable your access to the Music Services without notice to you.
You expressly agree that your use of, or inability to use, the Music Services is at your sole risk. The Music Services and all Content delivered to you through the Platform are (except as expressly stated by Bigtree) 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 non-infringement.
In particular, Bigtree and its subsidiaries and affiliates, and its assignors/licensors do not represent or warrant to you that:
Your use of the Music Services will meet your requirements,
Your use of the Music Services will be uninterrupted, timely, secure, or free from error,
Any information obtained by you as a result of your use of the Music Services will be accurate or reliable, and
Defects in the operation or functionality of any software/the Platform provided to you as part of the Music Services will be corrected.
Any material downloaded or otherwise obtained through the use of the Music Services is done at your own discretion and risk, and you will be solely responsible for any damage to your computer system or other device, or loss of data that results from the download of any such material.
In no case shall Bigtree, 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 Music Services or for any other claim related in any way to your use of the Music Services and/or the Content, 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 posted, transmitted, or otherwise made available via the Platform, even if advised of their possibility.
Bigtree shall use reasonable efforts to protect information submitted by you in connection with the Music Services, but you agree that your submission of such information is at your sole risk, and you hereby release Bigtree from any and all liability to you for any loss or liability relating to such information in any way.
Bigtree does not represent or guarantee that the Music Services will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion, and you hereby release Bigtree from any liability relating thereto. You shall be responsible for backing up your own system, including any Content acquired through the Music Services.
Bigtree is not responsible for data charges you may incur for downloading Content through the Platform over a data connection.
Bigtree is never liable for any direct, indirect, incidental, special, consequential, or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but not be limited to:
Any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss;
Any loss or damage which may be incurred by you, including but not limited to loss or damage as a result of:
Any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Music Services;
Any changes which Bigtree may make to the Music Services, or for any permanent or temporary cessation in the provision of the Music Services (or any features within the Music Services);
The deletion of, corruption of, or failure to store any Content and other communications data maintained or transmitted by or through your use of the Music Services.
Your failure to provide Bigtree with accurate account information;
Your failure to keep your password or account details secure and confidential.
The limitations on Bigtree's liability to you above shall apply whether or not Bigtree has been advised of or should have been aware of the possibility of any such losses arising.
Waiver And Indemnity
By using the Music Services, you agree, to the extent permitted by law, to indemnify and hold Bigtree, 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 Music Services, or any action taken by Bigtree 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. You agree that you shall not sue or recover any damages from Bigtree, 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 Music Services, or to take any other action during the investigation of a suspected violation or as a result of Bigtree'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.
This Agreement shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts of Mumbai.
None of the provisions of this Agreement, terms and conditions, notices or the right to use the Platform and/or the Music Services by the User contained herein or any other section or pages of the Platform, shall be deemed to constitute a partnership between the User and Bigtree and no party shall have any authority to bind or shall be deemed to be the agent of the other in any way. It may be noted, however, that if by using the Platform, the User authorizes Bigtree and its agents to access third party sites designated by them or on their behalf for retrieving requested information, the User shall be deemed to have appointed Bigtree and its agents as their agent for this purpose.
The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of this Agreement, or the right to use the Platform by the User contained herein.
If any provision of this Agreement is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of this Agreement shall continue to be in full force and effect.
We reserve the right to change or amend the terms of this Agreement at any time. It is your responsibility to check this Agreement on a regular basis, including, without limitation, prior to using the Platform. Your continued use of the Platform constitutes your acceptance of the revised terms.
All notices and communications (including those related to changes in the Agreement, the Music Service, termination of the Music Service, etc.,) shall be in writing, in English and shall deemed given if delivered personally or by commercial messenger or courier service, or mailed by registered or certified mail (return receipt requested) or sent via email/facsimile (with acknowledgment of complete transmission) to the following address: If to Bigtree, at [email protected]
or at the address posted on the Platform. Notice shall be deemed to have been served 48 hours after it has been sent, dispatched, displayed, as the case may be, unless, where notice has been sent by email, it comes to the knowledge of the sending party, that the email address is invalid.
Assignment and Delegation :
You must not transfer your User Account or assign any of your rights or delegate any of your duties under this Agreement without our prior written approval. We may freely transfer, assign or delegate this Agreement or its rights and duties under this Agreement. Subject to the foregoing, this Agreement will be binding upon and will inure to the benefit of the parties and their respective representatives, heirs, administrators, successors and permitted assigns.
You must keep any information you obtain relating to our Platform confidential and will not use such information for any purpose that is not specifically provided for in this Agreement or authorized by us in writing.
No Waiver :
Our failure or delay to exercise or enforce any right or claim does not constitute a waiver of such right or claim and shall in no way affect our right to later enforce or exercise it.
Prevailing Language :
The English language version of this Agreement shall be controlling in all respects and shall prevail in case of any inconsistencies with translated versions, if any.