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No1yaarijampads terms

The following terms “(“Terms of Use” or “Terms”) govern your (hereinafter referred to as the “User”, “You” or “Your” or “Performer”) access and use of a Jam Room (“Jam Room”) operated by Hungama Digital Media Entertainment Private Limited (“Hungama”) on behalf of United Spirits Limited (“USL”). By accepting the Terms herein, or by accessing or using the Jam Room, You agree to be bound by the Terms of Use and they constitute Your binding legal obligations towards USL. If You do not agree to the Terms of Use, You should not access or use the Jam Room.

 

Without prejudice to any other rights and remedies that USL may have, a breach of these Terms will result in Your removal or eviction from the Jam Room.

 

Specific terms and conditions:

 

1.      You agree and understand that the Jam Room is intended for use by individuals who are of the age of 21 years or above and otherwise competent to contract. You therefore represent that You are 21 years of age or above and competent to contract.

 

2.      You must not indulge in the destruction of any property that is present in the Jam Room. You shall remain responsible for any or all damages or liabilities that may arise from such destruction caused by You, regardless of the circumstances.

 

3.      You must ensure to return the Jam Room to its default state after every session. This includes but is not limited to, returning microphones to their proper cabinet or storage area, wrapping and storing cables, and reinstating any equipment in the Jam Room to its original location or storage area if it has been moved from its original location or used by the Performer.

 

4.      If You will be performing in the Jam Room as part of a band or a group of other performers, You shall at all times remain responsible for all acts or omissions of such other performers, or any other third-parties that You may bring into the Jam Room.

 

5.      The Jam Room must be used only for lawful and authorized purposes. You cannot indulge in any acts or create or perform any content that:

(a)    Is prohibited by any laws, rules, or regulations;

(b)   Is unsafe, harmful, dangerous, or poses as a threat to the well-being of others;

(c)    Is obscene, derogatory, racist or otherwise inappropriate;

(d)   In violation of another person’s intellectual property rights; or

(e)    May amount to sedition, or be construed as acts against the nation or its safety.

 

6.      You warrant that any and all material created during the course of the use of the Jam Room (“Jam Room Content”) shall be original and neither the Jam Room Content nor its exploitation by USL or its affiliates will infringe any rights of any third party.   

7.      You cannot use any electronic devices, equipment, or technology (eg. mobile phones, cameras, etc.) or any other device that is/are capable of recording audio or visuals in any form or manner, without the prior written approval of USL.

 

8.      The Jam Room may only be used as authorized by USL and as per any other terms or conditions that USL may communicate from time to time to You. All members of Your band must sign a copy of these terms and conditions before being permitted to use the Jam Room. You are not allowed to bring any other guests or friends or any third party into the Jam Room without the prior approval of USL.

 

9.      All Performers are responsible for ensuring that the Jam Room is maintained at all times in a clean and neat manner.

 

10.   As a User of the Jam Room, You will be granted a specific time slot to use the Jam Room and You further acknowledge that the Jam Room is used for a variety of projects and performances by a number of other Performers. You must therefore be reasonable and respect the time requirements of other Performers and must ensure to clear out Your belongings and exit the Jam Room as soon as You have completed Your timeslot in order to prevent any delay in the use of the Jam Room by such other Performers as per the time slot granted to them.

 

11.   You acknowledge and consent to the recording of Your likeness and/or voice, and agree that USL is entitled to use and sub-license all rights in respect of such recordings without compensation of any kind to You. USL shall have the right, in perpetuity, to use such material in any medium (including internet), free of charge, and in any reasonable manner it sees fit and you hereby expressly, irrevocably and unconditionally waive, to the maximum extent possible, all objections to the same.

 

12.   USL reserves the right to refuse any request for use of the Jam Room or of any equipment or device in the Jam Room.

 

13.   No Performers will be allowed to store or bring in personal equipment, instruments, bags, or any such belongings in the Jam Room. If USL approves of any personal equipment or belonging to be brought in, you shall ensure that any or all such equipment or belongings are removed from the Jam Room at the end of your time slot at the Jam Room. USL is not responsible for ensuring safety of Your equipment or your belongings. You shall remain responsible for any damage or liability that arises from the use the use of your equipment or belongings in the Jam Room regardless of whether USL has pre-approved of its use.

 

14.   No food or drinks are allowed in the Jam Room.

 

15.   You shall be solely responsible for any damage caused due to Your acts or omissions to the Jam Room and any equipment or device at the Jam Room.

 

16.   Consumption of alcohol and any other illegal substances and smoking are strictly prohibited.

 

17.   You shall comply with any or all USL policies communicated to You from time to time including policies in relation to safety, health, and sound-levels to be maintained in the Jam Room.

 

18.   You acknowledge that pursuant to Your performance at a Jam Room, USL could require You to perform at an event or concert organized by USL at terms that may be mutually agreed to between the parties. Prior to Your performance at any such event, You acknowledge and agree that any content that You wish to perform at such event will be subject to the prior written approval of USL.

 

19.   Any persons may be refused entry or removed from the Jam Room for any behaviour unsuitable or inappropriate to the Jam Room or if any of these terms and conditions are being violated. USL reserves the right to disqualify You in case it is found that You have tampered with the entry process or submits an entry that is not in accordance with these Terms and Conditions or if you have, in the opinion of USL, engaged in conduct in entering or participating in the Jam Room which is fraudulent, misleading, deceptive or generally damaging to the goodwill or reputation of the Jam Room and/or USL. USL reserves the right to exclude You if it is found that You have been convicted of a criminal offence or who have a criminal court case pending.

 

20.   You shall at all times comply with any or all applicable laws.

 

General terms and conditions:

 

1.      Employees of USL or their relatives or employees of USL's affiliates, group companies or Hungama are not eligible to access or use a Jam Room for the purpose of performing, or creating any content, or availing any other benefit that may be provided in a Jam Room.

 

2.      USL reserves the right to amend, temporarily suspend or withdraw access or use to the Jam Room in its absolute discretion provided that USL shall not exercise this right unreasonably.

 

3.      USL shall not be liable for any act or omission in relation to the Jam Room, including access or use thereof, due to any cause beyond its reasonable control, including but not limited to, Act of God, insurrection or civil disorder, religious strife, war or military operations, terrorist act, partial or total strikes, either internal or external, lock-out, epidemic, blockage of means of transport or of supplies, national or local emergency, earthquake, fire, storm, flood, water damage, governmental, regulatory or legal restrictions, acts or omissions of persons for whom USL is not responsible.

 

4.      By using the Jam Room, You agree to hold harmless USL, its agencies and its affiliates, against any and all liability, damages or causes of action (however named or described) with respect to or arising out of: (i) Performer’s use of the Jam Room; and/or (ii) third party claim for infringement of any intellectual property rights in relation to the Jam Room Content. You hereby release, waive and discharge any and all claims of damage, loss or causes of action (including negligence) including but not limited to loss or damage to person or property which You or Your representatives or assignees may have, suffer or which may hereinafter accrue to You or as a result of use of the Jam Room by You.

 

5.      USL advocates the responsible service and consumption of alcohol and abides by a strict code of marketing practice for alcoholic beverages. It is a condition that You comply with applicable regulations and guidelines for the responsible service and promotion of alcohol, (available at www.DrinkIQ.com). You are encouraged to visit www.DrinkIQ.com for information on safe drinking, standard drinks and related issues.

 

6.      You acknowledge and agree that the decisions of USL with respect to all aspects of the Jam Room are final and no correspondence will be entered into in this regard in any manner whatsoever.

 

7.      USL collects Your personal information for permitting use of the Jam Room. If the information requested is not provided, You are not eligible to access/use the Jam Room. By providing such information, unless otherwise advised, You also agrees that USL and/or its affiliates may use this information and/or disclose it to other organisations that may use it, in any media for future promotional, marketing and publicity purposes without any further reference, payment or other compensation to You. Your personal information may be disclosed to government authorities and the names of those selected to perform at other events may be published. A request to access, update or correct any information should be directed to dataprivacy.grievanceofficer@diageo.com.

 

8.      If any provision of these terms and conditions is found to be invalid by any Court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect. Indian laws shall be exclusively applicable to any and all disputes arising out of or in connection with the Jam Room or these terms and conditions. The disputing parties shall attempt to resolve such dispute through mutual negotiations, failing which the parties shall subject themselves to binding arbitration before a single arbitrator mutually appointed by the Parties, conducted in accordance with the Arbitration & Conciliation Act, 1996. The seat and venue of the arbitration proceedings shall be Bangalore and the arbitration proceedings will be conducted in English. Subject to the foregoing, the courts at Bengaluru shall have sole jurisdiction over any and all disputes arising out of or in connection with the Jam Room.

 

 

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