Terms of Use
Introduction
Please read these Terms of Use (these "Terms of Use") carefully as they govern the use of the Khamaaj website and any products, software applications or services that incorporate or link to these Terms of Use (collectively the "Khamaaj Service") and any music, videos, podcasts, text, graphics, photos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Khamaaj Service (the "Content").
Access to the Khamaaj Service may be subject to additional terms and conditions presented by Khamaaj, including the Privacy Policy which are hereby incorporated herein by reference.
By signing up for, or otherwise accessing, the Khamaaj Service, you agree to these Terms of Use. If you do not agree to these Terms of Use, then you must not access the Khamaaj Service.
These Terms of Use apply to all users of the Khamaaj Service, including users who are also contributors of Content on the Khamaaj Service.
Khamaaj may, in its sole discretion, modify or revise these Terms of Use, and you agree to be bound by such modifications or revisions. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.
The Service is provided by Khamaaj Foundation, which, along with its products and services, is referred to as “Khamaaj” in these Terms of Use.
2. Age and Eligiblity Requirements
In order to access the Khamaaj Service, you need to (1) be 18 years of age or older, or (2) have parent or guardian consent if you are a minor, and (3) have the ability and competency to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. If you are under 18 years of age, then please do not use the Khamaaj Service and Khamaaj will be unable to register you as a user.
3. Khamaaj Accounts
4. Khamaaj’s Brand Features
The Khamaaj Service is the property of Khamaaj. The Content is the property of Khamaaj or Khamaaj's licensors. All Khamaaj trademarks, service marks, trade names, logos, domain names, and any other features of the Khamaaj brand (“Khamaaj Brand Features”) are the sole property of Khamaaj or its licensors. These Terms of Use do not grant you any rights to use any Khamaaj Brand Features whether for commercial or non-commercial use.
5. Third Party Content
You understand that when using the Khamaaj Service, you will be exposed to Content from a variety of sources, and that Khamaaj is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. The Khamaaj Service may contain links to third party websites or software applications that are not owned or controlled by Khamaaj. Khamaaj has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or software applications.
6. General Use of the Service - Permissions and Restrictions
Khamaaj hereby grants you permission to access and use the Khamaaj Service as set forth in these Terms of Use, provided that:
You agree not to distribute in any medium any part of the Khamaaj Service or the Content without Khamaaj’s prior written authorization.
You agree not to alter or modify any part of the Service.
You agree not to access Content through any technology or means other than the website or software applications of the Khamaaj Service itself, or other explicitly authorized means Khamaaj may designate.
You agree not to use the Service for any of the following commercial uses unless you obtain Khamaaj’s prior written approval:
the sale of access to the Khamaaj Service;
the sale of advertising, sponsorships, or promotions placed on or within the Khamaaj Service or Content; or
the sale of advertising, sponsorships, or promotions on any page of an ad-enabled blog or website containing Content delivered via the Khamaaj Service.
The following is not permitted for any reason whatsoever in relation to the Khamaaj Service and the material or content made available through the Service, or any part thereof:
reverse-engineering, decompiling, disassembling, modifying, or creating derivative works;
copying, reproducing, redistributing, "ripping," recording, transferring, performing, framing, linking to or displaying to the public, broadcasting, or making available to the public, or any other use which is not expressly permitted by Khamaaj or applicable law, or which otherwise infringes intellectual property rights;
importing or copying any local files that you do not have the legal right to import or copy in this way, unless specifically allowed by using a download feature provided by Khamaaj;
"crawling" or "scraping", whether manually or by automated means, or otherwise using any automated means (including bots, scrapers, and spiders), to view, access or collect information, or using any part of the Khamaaj Service or Content to train a machine learning or AI model or otherwise ingesting Content into a machine learning or AI model;
selling, renting, sublicensing, leasing or other monetization;
selling a user account or playlist, or otherwise accepting or offering to accept any compensation, financial or otherwise, to influence the name of an account or playlist or the content included on an account or playlist; or
circumventing or blocking advertisements or creating or distributing tools designed to block advertisements;
removing or altering any copyright, trademark, or other intellectual property notices (including for the purpose of disguising or changing any indications of ownership or source);
deleting or altering any part of the Khamaaj Service or Content except as expressly permitted by Khamaaj; or
providing your password to any other person or using any other person's username and password.
Khamaaj reserves the right to discontinue any aspect of the Khamaaj Service at any time.
7. Your Use of Content
You may access Content for your information and personal use solely as intended through the provided functionality of the Khamaaj Service and as permitted under these Terms of Use.
Please respect Khamaaj, the owners of the material and content on the Khamaaj Service, and other users of the Khamaaj Service. Do not engage in any activity, post any user content, or register or use a username, which is or includes material that:
is illegal, or intended to promote or commit an illegal act of any kind, including violations of intellectual property rights, privacy rights, publicity rights, or proprietary rights of Khamaaj or a third party, or would violate any agreement to which you are a party, such as, by way of example and not limitation, an exclusive recording agreement or publishing agreement;
includes your password or purposely includes any other user's password or purposely includes personal data of third parties or is intended to solicit such personal data;
exposes confidential or proprietary information of a third party or personal information about yourself that is not intended to be broadcast to people around the world;
includes malicious content such as malware, Trojan horses, or viruses, or otherwise interferes with any user's access to the Khamaaj Service;
impersonates or misrepresents your affiliation with Khamaaj (including, for instance, by using Khamaaj's copyrighted content or using the Khamaaj logo without permission), another user, person, or entity, or is otherwise fraudulent, false, deceptive, or misleading;
involves the transmission of unsolicited mass mailings or other forms of spam, junk mail, chain letters, or similar;
unauthorized commercial or sales activities, such as advertising, promotions, contests, sweepstakes, gambling, bookmaking, or pyramid schemes;
unauthorized linking to, referencing, or otherwise promoting commercial products or services, except as expressly authorized by Khamaaj;
interferes with or in any way disrupts the Khamaaj Service, tampers with, breaches, or attempts to probe, scan, or test for vulnerabilities in the Khamaaj Service or Khamaaj's computer systems, network, usage rules, or any of Khamaaj's security components, authentication measures or any other protection measures applicable to the Khamaaj Service, the Content or any part thereof;
conflicts with the Khamaaj’s Terms of Use or any other terms or policies applicable to your use of any of the Khamaaj Service, or with applicable laws.
8. Your Content and Conduct
As a Khamaaj user, you may submit Content to the Khamaaj Service. You understand that Khamaaj does not guarantee any confidentiality with respect to any Content you submit.
You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Khamaaj Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to Khamaaj all patent, trademarks, trade secret, copyright or other proprietary rights in and to such Content for publication on the Khamaaj Service pursuant to these Terms of Use.
For clarity, you retain all of your ownership rights in your Content. However, by submitting Content to Khamaaj, you hereby grant Khamaaj a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, publish, adapt, make available online or electronically transmit, and perform the Content in connection with the Khamaaj Service and Khamaaj's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Khamaaj Service (and derivative works thereof) in any media formats and through any media channels. You understand and agree, that Khamaaj may retain, but not display, distribute, or perform, server copies of Content that have been removed or deleted.
You further agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Khamaaj all of the license rights granted herein.
You further agree that you will not submit to the Khamaaj Service any Content or other material that is contrary to applicable local, national, and international laws and regulations.
Khamaaj does not endorse any Content submitted to the Khamaaj Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and Khamaaj expressly disclaims any and all liability in connection with Content. Khamaaj does not permit copyright infringing activities and infringement of intellectual property rights on the Khamaaj Service, and Khamaaj will remove all Content if properly notified that such Content infringes on another's intellectual property rights. Khamaaj reserves the right to remove Content without prior notice.
9. Account Termination Policy
Khamaaj will terminate a user's access to the Khamaaj Service if the user is determined to be an infringer of these Terms of Use.
Khamaaj reserves the right to decide whether Content violates these Terms of Use for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity etc. Khamaaj may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a user's account for submitting such material in violation of these Terms of Use.
10. Warranty Disclaimer
You agree that your use of the Khamaaj Services shall be at your sole risk. To the fullest extent permitted by law, Khamaaj, its officers, trustees, employees, and agents exclude all warranties, express or implied, in connection with the Khamaaj Service and your use thereof. To the fullest extent permitted by law, Khamaaj excludes all warranties, conditions, terms or representations about the accuracy or completeness of this site's content or the content of any sites linked to this site and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our services, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our services, (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through our services by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Khamaaj Service. Khamaaj does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Khamaaj Service or any hyperlinked services or featured in any banner or other advertising, and Khamaaj will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
11. Limitation of Liability
To the fullest extent permitted by law, in no event shall Khamaaj, its officers, trustees, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, losses or expenses or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Khamaaj Service, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our services, (iv) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our services by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the services, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages.
We understand that, in some jurisdictions, warranties, disclaimers and conditions may apply that cannot be legally excluded, if that is true in your jurisdiction, then to the extent permitted by law, Khamaaj limits its liability for any claims under those warranties or conditions to either supplying you the Khamaaj Service again (or the cost of supplying you the services again).
You specifically acknowledge that Khamaaj shall not be liable for content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
The Khamaaj Service is controlled and offered by Khamaaj from its facilities in India. Khamaaj makes no representations that the Khamaaj Service is appropriate or available for use in other locations. Those who access or use the Khammaj Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
12. Indemnity
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Khamaaj, its officers, trustees, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Khamaaj Service; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Khamaaj Service.
13. Assignment
These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Khamaaj without restriction.
14. General
You agree that: (i) the Khamaaj Service shall be deemed solely based in India; and (ii) the Khamaaj Service shall be deemed a passive website that does not give rise to personal jurisdiction over Khamaaj, either specific or general, in jurisdictions other than India. You agree that the laws of India, excluding India’s choice of law rules, will apply to these Terms of Use. In addition, for any dispute arising out of or related to the Khamaaj Service, the parties consent to personal jurisdiction in, and exclusive venue of, the courts in Mumbai, India. These Terms of Use, together with Khamaaj’s Privacy Policy and any other legal notices published by Khamaaj on the Khamaaj Service shall constitute the entire agreement between you and Khamaaj concerning the Khamaaj Service. If it turns out that a particular term is not enforceable, this will not affect any other terms. No waiver of any term of this Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Khamaaj's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. You and Khamaaj agree that any cause of action arising out of or related to the Khamaaj Service must commence within one (1) year after the cause of action accrues. otherwise, such cause of action is permanently barred.
