Terms & Conditions

Introduction

Please read these End User Terms of Use ("Terms") carefully as they govern your use of (which includes access to) Our (Popil Tunes) Popil Tunes Application (“App”) for streaming/ downloading music and other content, including all the music, videos, podcasts, or other material that is made available through the App to any individual.

Use of the Popil Tunes Application may be subject to additional terms and conditions presented by us, which are hereby incorporated by this reference into these Terms.

By signing up for, or otherwise using, the Popil Tunes Application, you agree to these Terms. If you do not agree to these Terms, then you must not use the Popil Tunes Application or access any Content.

Service Provider

Details of ownership of the App

Age and eligibility requirements

By using the Popil Tunes Application, you affirm that you are 18 years or older to enter into these terms, or, if you are not, that you are 13 years or older and have obtained parental or guardian consent to enter into these terms. Additionally, in order to use the Popil Tunes Application and access any Content, you represent that any registration and account information that you submit to us is true, accurate, and complete, and you agree to keep it that way at all times.

Service Provided by Us

The Popil Tunes Application allows one to discover, stream and download content as well as to provides a forum for people to connect, inform, and inspire others across the globe, and also act as a distribution platform for Artists at large.

The Service includes also the ability for you to purchase music downloads independently from the Popil Tunes Application. By registering for such Per-Download Music Service, you agree that you will pay all fees and charges accrued by or in connection with including any applicable purchase price, taxes and late fees at the rates in effect when the charges were incurred, and that we may charge the method of payment designated during the registration process. All fees and charges are non-refundable. All sales are final. If you want to designate a different credit card or there is a change in credit card validity or expiration date, or if you believe someone has accessed the Per-Download Music Service using your device without your authorization, you must contact us immediately at.

In the event you purchased on the Per-Download Music Service a track or album but it fails to download completely, we may allow you to retry the download by clicking the 'retry download' button on the album page. In any other event of technical errors when downloading a track or album, please contact Customer Service by sending an email to.

Use of Third-Party applications, devices and open source software

The Popil Tunes Application may be integrated with, or may otherwise interact with, third-party applications, websites, and services ("Third-Party Applications") and third-party personal computers, mobile handsets, tablets, wearable devices, speakers, and other devices ("Devices"). Your use of such Third-Party Applications and Devices may be subject to additional terms, conditions, and policies provided to you by the applicable third party. We do not guarantee that Third-Party Applications and Devices will be compatible with our Terms.

Service limitations and modifications

We use reasonable efforts to keep the Popil Tunes Application operational and to provide you with a personalized, immersive audio experience. However, our service offerings and their availability may change from time to time, without liability to you;

We aim to evolve and improve the Popil Tunes Application constantly, and we may modify, suspend, or stop (permanently or temporarily) providing all of part of the App. We have no obligation to provide any specific content through the Popil Tunes Application, and we may remove particular songs, videos, podcasts, and other Content without notice.

In case of payments made for use of the features of the Popil Tunes Application, we have no liability to you, nor any obligation to provide a refund to you, in connection with internet or other service outages or failures that are caused by the actions of government authorities, other third parties, or events beyond our control.

Your Use of the App

Creating an account

You may create a User account on the Popil Tunes Application to use all or part of the App. Your username and password are for your personal use only and should be kept confidential. You understand that you are responsible for all use (including any unauthorized use) of your username and password. Notify our team immediately if your username or password is lost or stolen, or if you believe there has been unauthorized access to your account.

We may at any time reclaim, or require you to change, your username for any reason.

Your rights to use the Popil Tunes Application

Subject to your compliance with these Terms (including any other applicable terms and conditions), we grant to you limited, non-exclusive, revocable permission to make personal, non-commercial use of the Popil Tunes Application and the Content (collectively, "Access"). This Access shall remain in effect unless and until terminated by you or by us. You agree that you will not redistribute or transfer the Content accessed from the Popil Tunes Application.

The Popil Tunes Mobile software applications and the Content are licensed, not sold or transferred to you, and we retain ownership of all copies of the Popil Tunes Mobile software applications and Content even after installation on your Devices.

Proprietary Rights

The Popil Tunes Application’s Service and the Content are the sole property of Popil Tunes. All the trademarks, service marks, trade names, logos, domain names, and any other features of the Popil Tunes brand are the sole property of Popil Tunes or its licensors. These Terms do not grant you any rights to use any brand whether for commercial or non-commercial use.

You agree to abide by the Terms and not to use the Popil Tunes Application, its Content, or any part thereof in any manner not expressly permitted by these Terms.

Payments and cancellation

You may purchase/ download Content from the Popil Tunes Application by making the one time download fees. The price of the Content may vary from time to time make changes and the same will be reflected under the content on the Popil Tunes Application and will be exclusive of applicable taxes.

Tax rates are based on the rates applicable. These amounts can change over time with local tax requirements in your country, state, territory, county, or city. Any change in tax rate will be automatically applied based on the account information you provide.

You acknowledge and understand that we may use third party partners and gateways for processing any payments from you. We do not control such partners and gateways and any transactions through them will be subject to separate terms and conditions of such third parties / gateways. Any personal or sensitive information that you provide in relation to such billing and payment shall be subject to Our Privacy Notice and/or the policies of such third party partners / gateways, as the case may be. We will not be responsible for the protection and privacy of your information if the payments are processed directly by such third party partners / gateways without any involvement of our in the processing of the payment other than providing necessary access.

Monitoring user content

We may, but have no obligation to, monitor or review Content on the Popil Tunes Application. However, we reserve the right to remove or disable access to any Content for any or no reason. We may take these actions without prior notification.

Infringement claims

We respect the rights of intellectual property owners. If you believe that any Content infringes your copyright rights, please contact us at and we will based on the proof adduced take down the content from the Popil Tunes Application.

Suspension & Termination

Termination

You may stop using the Popil Tunes Application at any time and may delete your account and removing your data. You also have the option to download a copy of your data first.

Terminations and Suspensions by us:

We reserve the right to suspend or terminate your access to all or part of the App if:

i) you materially or repeatedly breach this Agreement;

ii) we are required to do so to comply with a legal requirement or a court order; or

iii) we believe there has been conduct that creates (or could create) liability or harm to any user, other third party, etc.

C. Notice for Termination or Suspension

We will notify you with the reason for termination or suspension by us unless we reasonably believe that to do so:

i) would violate the law or the direction of a legal enforcement authority;

ii) would compromise an investigation;

iii) would compromise the integrity, operation or security of the Service; or

would cause harm to any user, other third party, etc.

Warranty Disclaimer

The services provided by us vide the Popil Tunes Application are on "As Is" and "As Available," without any warranties of any kind, whether express, implied, or statutory. Further, we and all other owners of the content on the Popil Tunes Application disclaim any express, implied, and statutory warranties regarding the Popil Tunes Application content, including warranties of satisfactory quality, merchantability, fitness for a particular purpose, or non-infringement. Neither we nor any owner of content warrants that the Popil Tunes Application or the content is free of malware or other harmful components. In addition, we make no representation regarding, nor do we warrant or assume any responsibility for, any third-party applications, user content, devices or any product or service advertised, promoted or offered by a third party on or through the App or any hyperlinked website by the internet service provider, and we are not responsible for any transactions between you and any third-party providers of the foregoing. No advice or information whether oral or in writing obtained by you from us shall create any warranty on behalf of us. This section applies to the fullest extent permitted by applicable law.

Limitation of liability and time for filing a claim

You agree that your sole and exclusive remedy for any problems or dissatisfaction with the services provided by the Popil Tunes Application is to uninstall the Popil Tunes Application and to stop using the same. You agree that we have no obligation or liability arising from or related to third-party applications or the content thereof made available through or in connection with the App, and while your relationship with such third-party applications may be governed by separate agreements with such third parties, your sole and exclusive remedy, as with respect to us, for any problems or dissatisfaction with any third-party applications or the content thereof, is to uninstall or stop using such third-party applications.

In no event will we or our officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors be liable for:

(1) any indirect, special, incidental, punitive, exemplary, or consequential damages;

(2) any loss of use, data, business, or profits (whether direct or indirect), in all cases arising out of the use of or inability to use Popil Tunes Application, devices, third-party applications, or third-party application content, regardless of legal theory, without regard to whether we had been warned of the possibility of those damages, and even if a remedy fails of its essential purpose; or

(3) aggregate liability for all claims relating to Popil Tunes Application, third-party applications, or third-party application content more than Rs 1,000/-

Indemnity

You agree to defend, indemnify and hold us harmless against any losses, expenses, costs or damages (including our reasonable attorneys' fees, expert fees' and other reasonable costs of litigation or proceedings) arising from, incurred as a result of, or in any manner related to any claim or action based upon

1) your breach of, or failure to comply with, the terms and conditions of this Agreement, and including infringement of the copyright or any intellectual property right in the Content, Software or Services,

2) your use of the Popil Tunes Application, and/or

3) the use of the Popil Tunes Application by any other person using your device.

We may, in our discretion, participate in the defense of any such claim or action and any negotiations for its settlement or compromise. No settlement which may adversely affect our rights or obligations shall be made without our prior written approval. We reserve the right, at our own expense and on notice to you, to assume exclusive defense and control of any such claim or action and then your corresponding indemnification obligation will end.

Severance and Waiver

Unless as otherwise stated in these Terms, should any provision of these Terms be held invalid or unenforceable for any reason or to any extent, the remaining provisions of these Terms will not be affected, and the application of that provision shall be enforced to the extent permitted by law.

Any failure by us to enforce these Terms or any provision thereof shall not waive their right to do so.

Interpretation

In these terms, “include” or “including” means “including but not limited to,” and any examples we give are for illustrative purposes.

Governing Law

This Agreement shall be subject to the Laws of India. In the event of any dispute the courts at Pasighat, Arunachal Pradesh shall have exclusive jurisdiction.

Dispute Resolution

If any dispute, difference, claim or controversy arises between the Parties about the validity, interpretation, implementation or alleged breach of any provision of this Agreement, or anything connected or related to or incidental to this Agreement then the Parties shall negotiate in good faith to endeavour to resolve the matter. However, if the dispute has not been resolved by the Parties within seven (7) days after the date of receipt of written notice of the dispute by either Party from the Party raising the Dispute, then either Party may submit the dispute to arbitration to be conducted in accordance with the provisions of the Indian Arbitration and Conciliation Act, 1996. The seat of Arbitration shall be at Pasighat, Arunachal Pradesh. The arbitration proceedings shall be conducted and the award shall be rendered in the English language. The award rendered by the Arbitrator shall be final, conclusive and binding on all Parties to this Agreement and shall be subject to enforcement in any court of competent jurisdiction. The cost of arbitration, including cost of preparing and presenting its case and the fees and expenses of the Arbitrator shall be shared equally by the Parties, unless the award otherwise provides.

Changes to Terms

We reserve the absolute right to make changes to these Terms, and will post any revisions on this page.

Feedback and Concerns

If you have any feedback or concerns with respect to any content available on the App, please contact us by filing the grievance redressal form.

Contact Us

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Vist Us

Pane Hotel, Lower Banskota, Pasighat, East Siang District, Pin – 791102, Arunachal Pradesh

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Call Us

+919362977177

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Write Us

popiltunes2022@gmail.com