These Terms of Use (the “Terms” or “Agreement”) govern your use of the platform “Magentaestore.com” (“Application”) that was created by Magenta Enterprises Pvt Ltd., (“Company”).  Provided you agree to, and comply with, these Terms, Company grants you a license to use the Application on a computer or mobile device for the purpose of accessing music and related historical and musicological information, including biographies of composers.  If you do not agree with or are not willing to comply with any portion of these Terms, do not download or use the Application.
 
Acceptance of Terms
The terms and conditions outlined in these Terms govern all matters related to your installation and use of the Application and supersede all other agreements, representations, warranties and understandings with respect to the Application.  By entering into these Terms electronically, you agree that these Terms have the same force and effect as an agreement made in writing and that Company may provide you with any notices and terms about the Application electronically by posting such notice on the Site.
 
You agree that Company is not obligated to create or provide any support, corrections, updates, upgrades, bug fixes, and /or enhancements of the Application (each an “Update”).  However, in the event Company decides to offer an Update, you agree that Company may amend these Terms in connection with such Update without specific notice to you and that your installation and use of the Update is conditioned upon your acceptance of any revised Terms.  The current version of these Terms will be posted at  musci.com (the “Site”) and you are responsible for reviewing the version of the Terms available at the Site before installing an Update.  By installing an Update, you are representing that you have reviewed the then-current version of the Terms at the Site and agree to be bound by such version.  You may not install any Updates unless you agree to the then-current version of the Terms.
 
Ownership Rights and License
As between you and Company, the Application, and all content (except for Third Party Content as described below) contained within the Application, is and shall remain the sole property of Company and is subject to protection under copyright laws.  All third-party information (such as, audio files, music files, or other sounds) that you may have access to by using the Application (“Third-Party Content”) may be protected by intellectual property rights that are owned by the individual or entity from which such Third Party Content originated.  Company reserves the right (but has no obligation) to filter or refuse to transmit any Third-Party Content via the Application.  You agree that your use of the Application to communicate with any third parties is at your own risk.
User Conduct and Compliance with Laws

No Warranty
You expressly acknowledge and agree that your use of the Application is at your sole risk and that, to the maximum extent permitted by applicable law, the Application and any content or information provided by the Application are provided “as is” and “as available”, with all faults and without warranty of any kind, and Company hereby disclaims all warranties and conditions with respect to the Application and any content or information provided by the Application, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third party rights. Company does not warrant that the Application or any content provided by the Application, will meet your requirements that the operation of the Application will be uninterrupted or error-free, or that defects in the Application will be corrected. No oral or written information or advice is given by the Company or its authorized representatives shall create a warranty.
Your Content and Conduct
1.    As a Magentaestore account holder you may submit Content to the Service, including user comments. You understand that Magentaestore does not guarantee any confidentiality with respect to any Content you submit.
2.    You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the 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 Magentaestore all patent, trademark, trade secret, copyright, or other proprietary rights in and to such Content for publication on the Service pursuant to these Terms of Service.
3.    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 Magentaestore all of the license rights granted herein.
4.    You further agree that you will not submit to the Service any Content or other material that is contrary to the Magentaestore Community Guidelines, as updated from time to time, or contrary to applicable local, national, and international laws and regulations.
5.    Magentaestore does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and Magentaestore expressly disclaims any and all liability in connection with Content. Magentaestore does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and Magentaestore will remove all Content if properly notified that such Content infringes on another's intellectual property rights. Magentaestore reserves the right to remove Content without prior notice.
 
Account Termination Policy
1.    Magentaestore will terminate a user's access to the Service if, under appropriate circumstances, the user is determined to be a repeat infringer.
2.    Magentaestore reserves the right to decide whether Content violates these Terms of Service for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length. Magentaestore 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 Service.
Copyright Policy
1.    Magentaestore operates a clear copyright policy in relation to any Content alleged to infringe the copyright of a third party..
2.    As part of Magentaestore copyright policy, Magentaestore will terminate user access to the Website if a user has been determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice.

 
Limitation of Liability
To the extent not prohibited by applicable law, in no event shall Company, its officers, directors, employees or agents be liable for personal injury, or any incidental, special, punitive, exemplary, direct, indirect or consequential damages whatsoever, including, without limitation, property damage or injury to another person, damages for loss of profits, corruption or loss of data, business interruption or any other commercial damages or losses, arising out of or related to your use of or inability to use the Application, however, caused, regardless of the theory of liability (contract, tort or otherwise) and even if Company has been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion of limitation of personal injury, or of incidental or consequential damages, so this limitation may not apply to you.  In no event shall Company’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the aMagentaestore of rupees one thousand only (Rs1000.00). The foregoing limitations will apply even if the above-stated remedy fails of its essential purpose.

Arbitration; Applicable Law
This agreement requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions and also limits the remedies available to you in the event of a dispute.  Please read this carefully.  It affects your rights.
 
Except for a claim by Company of infringement or misappropriation of Company’s patent, copyright, trademark, or trade secret, any and all disputes between you and Company arising under or related in any way to these Terms must be resolved through binding arbitration as described in this section.  This agreement to arbitrate is intended to be interpreted broadly.  It includes, but is not limited to, all claims and disputes relating to your use of the Application.
 
You agree that by entering into this agreement, you and Company are each waiving the right to trial by court or to participate in a class action.  You and Company agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding.  Any arbitration will take place on an individual basis; class arbitrations and class actions are not permitted.
 
The arbitration will be governed by the Indian Arbitration Act and Rules framed thereunder, the Company shall have right to appoint sole arbitrator, you and Company must abide by the following rules:  (a) the arbitration shall be conducted solely based on written submissions; and (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties.  The arbitrator’s ruling is binding and may be entered as a judgment in any court of competent jurisdiction in Courts in Mumbai. 
 
This Agreement constitutes the entire agreement between you and Company and supersedes all prior or contemporaneous understandings and agreements, oral or written, relating to the subject matter hereof.
 
If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this Agreement shall continue in full force and effect.
 

 

The company’s contact information for any end-user questions, complaints, or claims with respect to Application is estoreMagenta@gmail.com
 
Assignment
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by Magentaestore without restriction.

You acknowledge and agree that Magentaestore, and their subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Magentaestore, as applicable will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof.
 
Indemnification
You agree to indemnify, defend, release, and hold harmless the Company, its partners, licensors, affiliates, contractors, officers, directors, employees, and agents from all damages, losses, and expenses arising directly or indirectly from (a) any negligent acts, omissions or willful misconduct by you, (b) your use of the Application or any Conferencing Service, (c) any breach of these Terms by you, and/or (d) your violation of any law or of any rights of any third party.
 
You hereby agree that if the terms of this Agreement are not specifically enforced, Company will be irreparably damaged, and therefore you agree that Company shall be entitled, without bond, other security, proof of damages, to appropriate equitable remedies with respect any of this Agreement, in addition to any other available remedies.
 
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.
We provide these Terms of Service with our Service so that you know what terms apply to your use. You acknowledge that we have given you a reasonable opportunity to review these Terms of Service and that you have agreed to them