The Terms and Conditions of use set forth herein apply to the website/ application www.Koksongs.com/ Koksongs Music/ Koksongs Play which is owned, operated, licensed, and controlled by Koksongs (hereinafter referred to as “Koksongs.com”, “we” and/or “us”) and is covered and protected by all laws including but not limited to copyright and trademark laws of India. This website/application is for the purpose of providing digital content including sound recordings, video recordings, mobile wallpapers, and other entertainment applications. Users are not permitted to reproduce, distribute, modify, display or make use of the contents of this website/application, except download material in temporary storage on one computer/mobile solely for their personal and non-commercial use. Any unauthorized use of the services and content of the website/application may violate copyright laws, trademark laws, as well as the laws of privacy, and Koksongs is not responsible for the same. ‘Unauthorized use’ shall mean and include any usage of the digital content provided on this website/application, not in conformity with the rights granted with respect to the same. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or right under any copyright or other intellectual property right.
You agree
Before you begin to explore and/or use the website/application, you (“you”, “your”, “yourself”, and/or “user”) will need to review these terms and conditions of use of the same. These terms and conditions will constitute a binding contract between you and Koksongs (“Agreement”). These terms explain your obligation towards Koksongs when you use the services of the website/application. By using this website/application, you agree that these terms of use are acceptable to you and you agree to be bound by them. If you do not agree to these terms of use, please do not use this website/application and it is hereby stated by Koksongs that using this website/application without accepting the terms and conditions is tantamount to unauthorized usage, punishable by law. Koksongs reserves the right, at its discretion, to change, modify, add, alter, delete or remove portions of these terms. This Agreement shall continue to be in full force and effect for so long as you are using the services of the website/application. Your continued use of this website/application following the posting of any change or modification of these terms will mean you accept those changes or modifications. Koksongs reserves the right to withdraw access to this website/application and to change, modify, revise the materials, products and pricing listed or offered through this website/application at any time without notice. It is your responsibility to check these terms and conditions periodically for changes.
Registation
Details to avail the services being provided on the website/application, you will be required to submit the information/data as required at the time of registering with the website/application or as may be required by Koksongs from time to time. You agree to provide Koksongs with accurate, complete, and updated registration information. If you do not provide Koksongs with accurate, complete, and updated registration information, you are not authorized to use the services of the website/application and Koksongs has the right to indefinitely suspend or terminate your account/subscription and refuse to provide you with access to. You further agree that, in providing such registration information, you will not knowingly or otherwise omit or misrepresent any material facts or information and that you will promptly enter correct and/or updated registration data/information, or otherwise advise us promptly in writing of any such changes or updates. You further consent and authorize Koksongs to verify your registration data as may be required for your use of and access to the services of the website/application, as applicable. You agree and understand that the services are advertising supported and you grant Koksongs the right to disclose the registration data to third parties for the marketing of its services. Further, you agree and grant Koksongs the right to use your individual registration data to provide targeting of advertisements and other service offers. The use of this website/application is also subject to Koksongs’s Privacy Policy.
Definitions
Content: All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sound recordings, video recordings, artwork, and computer code (collectively, “Source Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Source Content, contained on the website/application is owned, controlled or licensed by or to Koksongs or its licensors, and is protected by copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. Content on the website/application such as the synopsis, cast, crew, reviews, previews, themes, wallpapers, photographs, animation, data, information, database, album art design, interactive content, trailers, making, images, and any text, images, messages, newsletters, music, audio, video or its derivative, with or without sound, audio clips from sound recordings, created or collated by Koksongs from the public Source Content, that may be from different social media platform and may be granted by Koksongs to you for personal and non-commercial use under this Agreement strictly in accordance with these terms and conditions and the end-user license agreement. The contents under this website/application may be different from the original and koksongs are requested to buy those original from the main authors/artist/publisher. If you are not agreeing to these terms, you are kindly requested to leave this website/application of your own. If any authors/artist/publisher or copy write owner have any queries, complaints, or copy write claims, please mail us at koksongsinfo@gmail.com. We will take necessary action within seven days of your complaint.
Subscriber/Non Subscribers
Refers to any user who subscribes/Non Subscribes to the Services of koksongs on the website/application.
Service
Refers to the services provided by koksongs on the website/ application, including but not limited to making available the content on the website/ application for streaming/ download purposes, etc.
Intellectual Property Rights
It is hereby specifically recorded that the Source Content and the content available as part of the services is the sole and exclusive property of Koksongs and/or its licensors and is protected by copyright and other intellectual property laws. Intellectual Property Rights for the purpose of this Agreement shall always mean and include copyrights whether registered or not, patents including rights of filing patents, trademarks, trade names, trade dresses, house marks, collective marks, associate marks, and the right to register them, designs both industrial and layout, geographical indicators, moral rights, broadcasting rights, displaying rights, distribution rights, selling rights, abridged rights, translating rights, reproducing rights, performing rights, communicating rights, adapting rights, circulating rights, protected rights, joint rights, reciprocating rights, infringement rights and all those special rights conferred as a result of the Berne Convention, 1979 individually as a result of prospective local laws in accordance with the Convention and the Trade-Related Aspects of Intellectual Property Rights Agreement of the World Trade Organization. All those intellectual property rights arising as a result of domain names, Internet, or any other form of an electronic/technological law shall also vest in the domain of Koksongs. The Parties hereto agree and confirm that no part of any intellectual property rights mentioned hereinabove is transferred in the name of User and any intellectual property rights arising as a result of these presents shall also be in the absolute ownership, possession, and control of Koksongs. Your request to license a track by downloading is personal to you, and the track shall not be used, sold, rented, transferred, licensed, or otherwise provided to any other person/user by you. License to downloaded tracks includes only those rights explicitly stated in the services (typically, the right to playback for your own personal use from your personal computer, CD player, digital player, or other personal consumer electronic devices including a Mobile Device), and, for the avoidance of doubt, does 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. Please note that your Mobile Service Provider may charge you for downloading and/or using the services of the website/application on your Mobile Device, Koksongs takes no responsibility for any such charges levied by any Mobile Service Provider. You shall promptly notify Koksongs in writing upon your discovery of any unauthorized use or infringement of the services (or its contents) or Koksongs’s patent, copyright, trade secret, trademarks or other intellectual property rights. The services provided contain proprietary and confidential information that is protected by copyright laws and international treaty provisions.
Reviews, Comments, Communications, and Other Content
You may post reviews, comments, and other content; send other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, offensive to any caste, class, community or individual, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam”. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Koksongs reserves the right (but not the obligation) to remove or edit such content If you do post content or submit material, and unless we indicate otherwise, you grant Koksongs a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Koksongs and/or its sub-licensees the right to use the name that you submit in connection with such content if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy; that the content you supply does not violate any law in force in India and will not cause injury to any person or entity; and that you will indemnify Koksongs for all claims resulting from the content you supply. Koksongs takes no responsibility and assumes no liability for any content posted by you or any third party. You are solely responsible for the content including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like that you post on the website, and any material or information that you transmit to other users and for your interactions with other users. Koksongs does not endorse and has no control over such content that you post. Koksongs makes no warranties, express or implied, as to the content posted/submitted by you or to the accuracy and reliability of such content or any material or information that you transmit to other users. Koksongs may delete any such content posted or submitted by you, for any or no reason, including postings that in our sole judgment violate these terms and conditions of use or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. Koksongs assumes no responsibility for inappropriate postings/content posted by you/users or the conduct of the users on this website. Koksongs nonetheless assumes no responsibility for the postings and no responsibility for the conduct of the User submitting any such postings/content.
KINDLY NOTE THAT KOKSONGS PROHIBITS PORNOGRAPHY ON ITS WEBSITE. Please choose carefully the information you post on the website/application and that you provide to other users. Your profile must not include any photographs containing nudity, or obscene, lewd, excessively violent, harassing sexually explicit or otherwise objectionable subject matter. STRINGENT PENAL AND CRIMINAL ACTIONS WILL BE INITIATED AGAINST THOSE FOUND INDULGING IN THE ABOVE REFERRED ACTIVITIES. Any user or member who publishes or transmits or causes to be published in the electronic form, any material which is lascivious or appeals to the prurient interest or if its effect is such as to tend to deprave and corrupt people who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it shall be strictly treated under the provision of Section 67 of the Information Technology Act 2000 and as per the provisions of Indian Penal Code and other appropriate statutes applicable in that scenario. Despite this prohibition, the information provided by other users (for instance, in their Profile) may contain inaccurate, inappropriate, offensive, or sexually explicit material, products, or services, and Koksongs assumes no responsibility or liability for this material. If you become aware of misuse of the services provided by Koksongs by any person, please contact the Privacy Coordinator.
Disclaimer
AS PROVIDED ABOVE, ALL INFORMATION, TECHNOLOGY, AND SERVICE PROVIDED SHALL, AT ALL TIMES, BE ON A “AS IS” AND “AS AVAILABLE” BASIS AND KOKSONGS HEREBY STATES THAT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE APPLICATION OR ITS OPERATION IS NOT UNDERTAKEN BY KOKSONGS. ALL THE MATERIALS, SONGS, PHOTOS, ALBUM ART, WALLPAPERS, ETC., PROVIDED IN THE KOKOSONGS IS TO PROMOTE AND ENTERTAIN TO THE PUBLIC (USERS OF KOKSONGS.COM) AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KOKSONGS AND ITS LICENSORS, AND ITS DISTRIBUTION AND SYNDICATION PARTNERS, DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. KOKSONGS MAKES NO WARRANTY THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, OR THAT THE APPLICATION SHALL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; NOR DOES KOKSONGS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE APPLICATION OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE APPLICATION. KOKSONGS MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE APPLICATION OR ANY TRANSACTIONS ENTERED INTO THROUGH THE APPLICATION.
Limitation of Liability
KOKSONGS HAS MADE THIS SERVICE AVAILABLE TO USERS AS A MATTER OF CONVENIENCE. KOKSONGS EXPRESSLY DISCLAIMS ANY CLAIM OR LIABILITY ARISING OUT OF UPLOADING OF ANY OBSCENE, VULGAR OR PORNOGRAPHIC CONTENT OR ALTERING OR DISTORTING THE CONTENT AVAILABLE UNDER THE SERVICE IN AN OBSCENE, VULGAR OR PORNOGRAPHIC MANNER. YOU AGREE AND ACKNOWLEDGE THAT YOU SHALL BE SOLELY RESPONSIBLE FOR YOUR CONDUCT AND THE KOKSONGS RESERVES THE RIGHT TO TERMINATE YOUR RIGHTS TO USE THE SERVICE IMMEDIATELY, NOTWITHSTANDING PENAL PROVISIONS UNDER THE APPLICABLE LAWS. IN NO EVENT SHALL KOKSONGS OR ITS LICENSORS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE ANY SERVICE FOR INTERRUPTED COMMUNICATIONS, DELAY, LOST DATA OR LOST PROFITS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, EVEN IF KOKSONGS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU, BUT THEY SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN NO EVENT SHALL WE OR ANY OF OUR LICENSORS BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT PAID FOR THE APPLICATION OR THE SPECIFIC ITEM OF CONTENT GIVING RISE TO THE APPLICABLE CLAIM FOR DIRECT DAMAGES.
