TERMS & CONDITIONS

Welcome to www.simplytheblues.in, a website provided by Starkonnect Events and Promotions (hereinafter referred to as "Starkonnect"). The following terms and conditions of use and any other policies, rules, or guidelines posted by Starkonnect on this site govern your use of this site.

IF YOU VISIT OR SHOP AT THIS SITE, YOU ARE DEEMED TO HAVE ACCEPTED THESE TERMS AND CONDITIONS

Please read these Terms & Conditions carefully before using this site or purchasing any of the products or using any of the services available on or through it. These Terms & Conditions of use may be changed in the future without notice to you and you agree and accept that such changes shall also be binding upon you. You are, therefore, requested to please check back the terms and conditions from time to time.

Your Use of this Site:

Starkonnect grants you a limited license to access and make personal use of this site only and not for commercial gains or to download (other than page caching) or modify it, or any portion of it, except with express written consent of Starkonnect.

This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools without express written consent of Starkonnect.

The digital media download and streaming services provided by this website are for your own personal and non-commercial use and you are not authorized to make any copies of any downloads other than for personal use.

This site may provide "Previews" and full song streaming of songs / part thereof or videos that can be played / viewed directly on a promotional basis and at no cost. You are allowed to play such Previews and full song streams any number of times, but you may not attempt (or support others' in their attempts) to capture, copy or other download a Preview or full song stream.

This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any purpose whatsoever without express written consent of Starkonnect.

You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Starkonnect without express written consent.

You may not use any Meta tags or any other "hidden text" utilizing Starkonnect name or trademarks without the express written consent of Starkonnect. Any unauthorized use terminates the permission or license granted by Starkonnect and further makes you liable to penal action under the law.

You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Starkonnect so long as the link does not portray Starkonnect or its products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any Starkonnect logo or other proprietary graphic or trademark as part of the link without express written permission.

Proprietary Rights:

All content included on this Site, not limited to music (including the underlying works thereof), videos, ring - tones, text, graphics, logos, button icons, images, audio clips, data compilations, and software ("Content"), is the property of Starkonnect or its suppliers, sponsors, licensors or affiliates (collectively, "Business Partners"), and is protected by National / International Copyright law, Trademark law, and trade secret law.

Starkonnect owns a copyright in this Site as a collective work and/or compilation, and in the selection, coordination and arrangement of the Content. You may not copy/use the design, style, unique links, services etc. provided on / through this website, except as expressly provided in these Terms & Conditions. Neither Starkonnect nor its Business Partners grant any rights to you under any patents, copyrights, trademarks or trade secret information.

You understand that by using the Site, you may be exposed to Content that may be offensive or objectionable according to your judgment. Under no circumstances Starkonnect will be liable in any way for any Content, including, but not limited to, for 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 made available via the Site. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

Account Maintenance and Responsibility:

If you wish to purchase any products or use the services on this Site, you must open an account with us and/or provide the required information to us.

By entering any information on this Site, you represent and warrant that: (i) you are using your actual identity; (ii) you have provided only true, accurate, current and complete information; and (iii) you will maintain and promptly update the information that you provide to keep it true, accurate, current and complete. You are responsible for maintaining the confidentiality of your account and its password, as well as for all activities that occur under your password or account. You shall be held liable for losses incurred by Starkonnect or another party due to your non-compliance with obligations stated herein.

Starkonnect cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations. If you wish to cancel a username or password, or if you become aware of any loss, theft or unauthorized use of a username or password, please notify us immediately.

We reserve the right to delete or change any username or password at any time without assigning any reason whatsoever.

Termination:

You or we may suspend or terminate your account or your use of this Site at any time, without notice, for any reason whatsoever. You are personally liable for any orders that you place or charges that you incur prior to termination.

We may also at any time, at our sole discretion, change, suspend or discontinue the Website or any services provided thereunder or any part thereof without prior notice and you agree that we shall not be liable to you or any third party for any termination of your access to the Website or such services.

User / Third Party Generated Content:

All information, data, text, software, music, sound, photographs, graphics, video, messages or other content whether publicly or privately transmitted / posted, is the sole responsibility of the person from whom such content is originated. Starkonnect does not accept any responsibility for the content posted by users. By posting or submitting any content/images you represent that you have the requisite rights and title or have the permission of the copyright owner to submit the same and grant licenses and sublicenses as described in these terms of use. You further represent that such posting or submission does not constitute an infringement. You shall indemnify and keep indemnified Starkonnect and it's affiliates with respect to any and all claims of infringement or otherwise, arising from such content. However, you understand and accept that any material/ content posted or submitted by you becomes the property of Starkonnect and that by such submission/posting you grant Starkonnect and its affiliates a non-exclusive, free, irrevocable and perpetual right/license to use, publish, reproduce, modify, adapt, translate, distribute, transmit, synchronise, display, perform, sub-license or otherwise utilize such content / materials by incorporating it in any media, format or platform, whether now known or later developed.

All the contents of this Site are only for general information or use. They do not constitute advice and should not be relied upon in making (or refraining from making) any decision. Any specific advice or replies to queries in any part of the Site is/are the personal opinion of such experts/consultants/persons and are not subscribed to by this Site.

User Conduct:

You acknowledge that Starkonnect does not control, edit or filter the Content posted in chats, forums, bulletin boards, discussion groups or other community and publicly accessible services but that Starkonnect shall have the right, but not the obligation, to refuse or remove any content that is available on the site, without notice and whether or not the same violates these Terms and Conditions.

You agree not to use this site to:

--upload, post, email, transmit or otherwise make available any User Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, religiously, ethnically or otherwise objectionable;
--impersonate any person or entity, including, but not limited to, a Starkonnect representative, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
--forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Site;
--pursue any activity that causes / may cause / or is likely to cause harm to minors;
--upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
--upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
--upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
--upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
--carry out any Denial of Service or similar harmful attacks on any application or service;
--interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
--intentionally or unintentionally violate any applicable local, state, national or international law;
--collect or store personal data about other users.

Content Usage:

--You are authorised to use the Content only for personal, non-commercial use, and you may not redistribute, transfer, assign, sublicense or use the content in any other manner whatsoever
--Some of the content provided through this website may be protected using security frameworks that limit your usage of the content. You agree that you shall not violate or attempt to violate any security components related to this website. You agree not to attempt to or aid / support another person to reverse-engineer, circumvent, 'hack', disassemble or otherwise alter or interfere with any of the security components related to this website or any Content provided through it. Any such security component is an essential part of the content and may not be removed without copyright infringement of such content.
--Content may also be provided in formats without any digital rights management or security component. Such content may be used in manners reasonably necessary for personal and non-commercial use.

Piracy Matters:

Is it true that I can get sued or arrested for downloading free music?

Yes, you run the risk of being sued for huge amounts, if you download free from the wrong sites. From musicians to music companies, everyone has stepped up vigilance on this front. In June 2009 the RIAA (Recording Industry Association of America) received a landmark judgement in its favour. Jamie Thomas-Rassett, the first person to be sued for illegal file-sharing and copyright violation of 24 songs, had to pay RIAA $ 1.92 million as damages. Even though he had used legal file-sharing networks to swap files, this resulted in a violation of copyright.

Do remember that it is very easy to track the IP address you have logged in from and even easier for the authorities preventing cyber crime to track you down physically.

How do I avoid illegal downloads and swapping?

There are plenty of legal ways of downloading and swapping music. You can visit legit online music stores and libraries, mobile phone music services, artistes' websites, web radios or authorized peer-to-peer (P2P) websites.

What is music piracy and how does it work?

Music Piracy is the unauthorized duplication of an original recording for commercial gain without the consent of the rights owner. It is an illegal, criminal activity. Today, new techniques of printing, recording and fixation of broadcast or recorded programmes make piracy easy.

Music Piracy can be any of the below:

--Downloading songs off illegal song sharing websites, Peer to Peer (P2P) sites or via torrents.
--Unauthorized copying, sharing and duplicating of songs.
--Unauthorized burning / copying of CD's.
--Making an unauthorized copy of songs / CD's and selling it.

How do downloads from P2P networks be termed as piracy?

Yes. P2P networks don't look at individual requests for media to determine if they are for licensed materials or not, even though upto 90% of files shared on P2P networks are copyright protected. Making a copy of a copyrighted song available to others on P2P service without a license is illegal, although sharing uncopyrighted artistic creations and files over a P2P network is completely legal.

Is downloading MP3s an infringement of copyright?

Creating a compilation of songs from CDs and converting to MP3 does not in itself constitute infringement. Infringement occurs when you further distribute those files to others.

Who suffers as a result of piracy?

Piracy costs the Music Industry and the Government millions of rupees each year. India ranks among the top 10 countries affected by piracy, losing nearly Rs 450 crore (Rs 4.5 billion) to pirated music. Pirates are leeches. They add nothing to the creative process, and evade payment of royalty, excise duty, sales tax and the promotion and publicity costs.

Consumers suffer when they discover that they have bought a poor quality product, and supported the theft of intellectual property. Due to the poor quality of pirated CDs, the CD player can be affected.

Artistes and other rights holders suffer as they lose out on royalties. Also, when revenue is lost to piracy, companies cannot afford to invest in niche music and as a result the consumer does not get the benefit of a wide selection.

Pirates do not pay taxes. In 1997 alone it was estimated that piracy results in a loss of some Rs.190 millions in Sales Tax, Excise Duty and Income Tax.

The only ones who stand to gain from piracy are the criminals, the pirates.

How do I benefit from a legal music download?

You benefit in many ways -

Quality: Legal download sites give you a better product experience in terms of the quality of download, compression ratio, appropriateness of format, correct edit, album art and liner notes.
Reliability: What you preview and choose to buy is what you get. Unlike freebie sites that may lead you to a dead link, incorrect version, truncated edit or to some harebrained get rich quick idea.
Security: With a valid license you are also assured that a legal download site is least likely to infuse a virus into your system. Others can hook you up to their spyware/ adware/ malware software, which in turn may cause damage to your system.
Dependability: You can trust legal download portals to follow best practices on use of personal information. Illegal sites may cause identity theft and expose your confidential information to potential theft and fishing sites.
Legitimacy: A huge advantage - peace of mind. Having paid for the copyright and taxes you can rest easy and don't have to worry about being caught and having to face legal action.
Pride: A legal download is your prized collection. As a music lover you can feel proud of your investment and enjoy it day after day. Not be a pirate who has cheated the very artist he claims to be a fan of.
Support: Legal download sites normally give you after sales support, a feature that most pirates avoid.
Respect for your time: You will have to spend hours surfing the net to find the right files of the appropriate quality to build a free library. The time you waste on this activity is surely worth much more than the minimal price of a legal download.
Can I help stop piracy?
Yes - report piracy at once. Contact us at simplytheblues@starkonnect.com

Advertisements:

We, in our sole discretion, may post the advertisements or other materials of third parties on this Site. Your correspondence or any other transaction with advertisers found on this Site is solely between you and such advertisers. You agree that we shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as a result of the presence of such advertisements on this Site. Moreover, we shall not be responsible or liable for the statements or conduct of any such advertisers on this Site.

Links:

We make no claims or representations regarding the quality, content, nature or reliability of sites accessible by hyperlink from this Site or sites linking to this Site, and we accept no responsibility in connection therewith. Any linked sites are not under our control and we are not responsible for the content of any linked site or any link contained in a linked site, or for any review, changes or updates to any such sites. Any linked sites are provided to you only as a convenience. The inclusion of any link does not imply affiliation, endorsement or adoption by us of the linked site or any information contained therein. When leaving this Site, you should be aware that our terms and policies may no longer govern the usage of a linked site and, therefore, you should review the applicable terms, conditions and policies, including privacy and data-gathering practices, of each linked site.

Intellectual Property Infringement Complaints:

 It is Starkonnect strict policy to respect the Intellectual Property Rights of others. Starkonnect has taken adequate measures to ensure that the content on the website is displayed either with the permission from their respective owners or Starkonnect believes the same to be in public domain. However, Starkonnect shall not liable for any infringement of copyright arising out of materials posted on or transmitted through the site, or items advertised on the site, by end users or any other third parties.

Our policy is to comply with all Intellectual Property Laws and to act expeditiously upon receiving any notice of claimed infringement. If you believe that your intellectual property has been infringed upon, please provide us with the following information:

--a description of the intellectual property that you claim has been infringed, as well as, an explanation as to why you believe in good faith that the disputed use is not authorized by the intellectual property owner, its agent, or the law;
--the exact location on the Site of the material that you claim is infringing;
--your address, telephone number, and email address;
--a statement signed by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the intellectual property owner or authorized to act on the intellectual property owner's behalf.

The above mentioned information must be sent to:
Starkonnect Events & Promotions
601, Ayesha Manor,
Plot no. 45, Almeida park,
Bandra west.
Mumbai – 400050.

Disclaimers:

You expressly agree that use of this site is at your sole risk. this site, and any content available on this site, are provided on an "as-is" and "as available" basis.

Neither we nor any of our business partners represent or warrant that this site will be uninterrupted or error-free, that defects, if any, will be corrected, or that this site is free of viruses or other harmful components; nor do we or they make any representations or warranties about the accuracy, reliability, currency, quality, performance or suitability of this site or any content available on this site.

Product comparisons do not imply that all products compared are available, or in the case of functional equivalency, that performance or other characteristics are exactly comparable.

To the fullest extent permissible by applicable law, we and each of our business partners disclaim all warranties of any kind, either express or implied, including, but not limited to, any implied warranties of title, merchantability, fitness for a particular purpose or non-infringement, with respect to this site or any content available on this site.

All products and services purchased on or through this site are subject only to any applicable warranties of their respective manufacturers, distributors and suppliers.

To the fullest extent permissible by applicable law, we disclaim all warranties of any kind, either express or implied, including, but not limited to, any implied warranties of merchantability or fitness for a particular purpose, with respect to products and services listed or purchased on or through this site.

We disclaim any and all liability for product defect or failure, claims that are due to normal wear, product misuse, abuse, product modification, improper product selection, non-compliance with any codes, or misapplication.

We make no warranties to those defined as "consumers" in the magnuson-moss warranty-federal trade commission improvements act.

The views expressed in any article, proposition, opinion etc. on the site are views of the individuall authors and we disclaim any and all liability in this respect including any loss, damage and offence to or hurting the sentiment of any person / organisation and /or the society in general. the dependability on articles, propositions, opinions etc. by various authors on this site shall be at the users own discretion / risk.

Limitations of Liability:

In the event of any problem with this site or any content, you agree that your sole remedy is to cease using this site.

Under no circumstances shall we or any of our business partners, or any of our or their respective officers, directors, shareholders, employees, agents or representatives, or any other party involved in creating, producing, transmitting or distributing this site or any part thereof, be liable for any punitive, exemplary, consequential, incidental, indirect or special damages arising from or in connection with this site or any content, products or services made available or listed on it, whether under a theory of breach of contract, negligence, strict liability or otherwise, even if such party has been advised of the possibility of such damages.

In the event of any problem with "any purchase on this site", you agree that your sole remedy is "limited to replacement of the product".

T would be your responsibility to return the defective product for investigation to us at your cost and we will transport the replacement.

Indemnification:

You agree to indemnify and hold us harmless from any claim, action, demand, loss or damages (including attorneys' fees) arising out of or related to your use of this Site, any purchases you make on or through this Site, Content you post or transmit on this Site, any violation of these Terms and Conditions by you, or any violation of any rights of any person or entity by you.

Miscellaneous:

These Terms and Conditions and any other policies, rules or guidelines posted by Starkonnect on this Site and incorporated herein by reference constitute the sole agreement between you and us relating to your use of this Site and the subject matter hereof, and no representations, statements or inducements, oral or written, not contained in these Terms and Conditions shall bind either of us.

Any of these Terms and Conditions which are determined to be invalid or unenforceable in any jurisdiction shall be ineffective to the extent of such invalidity or unenforceability in such jurisdiction, without rendering invalid or unenforceable any of the remaining Terms and Conditions or affecting the validity or enforceability of these Terms and Conditions in any other jurisdiction. No waiver by us of any right under these Terms and Conditions will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.

You may not assign, transfer or delegate your rights or obligations hereunder, in whole or in part, without our prior written consent. These Terms and Conditions shall be binding upon and inure to the benefit of each of us and our respective successors and permitted assigns.

Any action or claim against us must be brought within one year following the date on which the claim first accrued or shall be deemed forever waived. We reserve all rights not expressly granted herein.

A printed version of these Terms and Conditions and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Arbitration:

Any dispute or difference between the parties hereto shall be settled by arbitration that will be subject to / governed by The Arbitration & Conciliation Act, 1996 and all the provisions of that Act so far as applicable or of any act of legislature for the time being in force and passed any modification thereof or any substitution thereof shall apply to every reference hereunder. The Arbitrator shall be appointed or nominated by Starkonnect. The language of the arbitration shall be English and the venue of arbitration shall be in Mumbai.

The Arbitrator shall have power to give interim directions and orders and also publish interim awards and award interests and costs. The courts in Mumbai shall have exclusive jurisdiction in respect of any matter concerning arbitration of disputes under this agreement.

Governing Law:

These Terms & Conditions and/or the orders placed by the User on Starkonnect -for goods/services and/or the use of services provided through www.simplytheblues.in shall be governed by the laws of India and no other nation. The User agrees to submit to the exclusive jurisdiction of the Courts located in Mumbai, India as regards any claims or matters arising under these terms & conditions.

Contact Information

If you have any questions regarding this Site or any requests for additional information concerning Starkonnect, please send us an email at: simplytheblues@starkonnect.com Or contact us at www.simplytheblues.in