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Pamela Mukhopadhyay

March-2012

Borse Borse Aso Jao Ma Go...


Songs > Bengali Folk


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Terms of Services

 

Please read these Terms and Conditions carefully before using this site or using any of the services available on or through it. These Terms and Conditions of use may be changed in the future without any prior notice to you and you agree and accept that such changes shall also be binding upon you.

The usage of services of  ursongs.com confirms your acceptance of the following terms of services.

This Agreement applies to all users of ursongs.com Services. The Site may contain links to third party websites that are not owned or controlled by ursongs.com. ursongs.com has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. By using that Site, you specifically release ursongs.com from any and all liability arising from your usage of  third-party websites.  

All aspects of ursongs.com Services are subject to change or elimination at ursongs.com sole discretion. ursongs.com reserves the right to interrupt the operation of ursongs.com Services with or without prior notice for any reason or no reason. You agree that ursongs.com will not be liable for any interruption of ursongs.com Services, delay or failure to perform, and you understand that except as otherwise specifically provided in ursongs.com billing policies posted at FAQ you shall not be entitled to any refunds of fees for interruption of ursongs.com Services or failure to perform for reasons beyond the control of ursongs.com.

In the event you agree to use paid aspects of ursongs.com Services, you agree to the pricing, payment and billing policies also  posted at FAQ. ursongs.com may add new services for additional fees, or proactively amend fees for existing services, at any time in its sole discretion.

Account Registration and Requirements

You must establish an account with ursongs.com (your "Account") to use certain aspects of ursongs.com Services. You agree to provide true, accurate, current and complete information about yourself as prompted by the registration form ("Registration Data") and maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You authorizeursongs.com, directly or through third parties, to make any inquiries we consider necessary to validate your Registration Data. Notwithstanding the foregoing, you acknowledge that ursongs.com cannot guarantee the accuracy of any information submitted by any user of ursongs.com Services, nor any identity information about any user.

You must be 18 years of age or older to access ursongs.com Services. If you are under the age of 18(or under the age of majority in the jurisdiction you reside, in that case your parents or legal guardian should consented to your account by providing your personal information and by accepting this agreement   

You need to use an Account name in ursongs.com which is not misleading, offensive or infringing. ursongs.com reserves the right to delete or modify any Account name for any reason or no reason. You are fully responsible for all activities conducted through your Account or under your Account name. At the time your Account is opened, you must select a password. You are responsible for maintaining the confidentiality of your password and are responsible for any harm resulting from your disclosure, or authorizing the disclosure of, your password or from use by any person of your password to gain access to your Account. At no time should you respond to an online request for a password other than in connection with the log-on process to ursongs.com Services. Your disclosure of your password to any other person is entirely at your own risk. Account registrations are limited per unique person.

ursongs.com does not authorise the transfer of Accounts. You may not purchase, sell, gift or trade any Account, and any such attempt shall be null and void.

ursongs.com has the right to suspend or terminate your Account at any time, without notice, refund or liability to you. In the event that suspends or terminates your Account or this Agreement, you understand and agree that you shall receive no refund or exchange, of any remaining License or subscription  fees, any content or data associated with your Account, or for anything else.

Your Account may be suspended or terminated for your breach of this Agreement or your payment delinquency (in each case as determined in ursongs.com's sole discretion).

 

 

License Terms

You have a nonexclusive, limited, revocable license to use ursongs.com Services while you are in compliance with this Agreement and other agreements between you andursongs.com. Nothing contained in this Agreement or any aspect of ursongs.com Services shall be construed as granting you any other rights or privileges of any kind with respect to ursongs.com Services.

You further agree not to use any aspect of ursongs.com Services for any commercial purposes unless you obtain ursongs.com's prior written approval .In the event if ursongs.com found any such activities by the user,ursongs.com have every right to charge penalty to the user.    

The interactive nature of postings on the Site makes it impossible for us to assume responsibility for any User Content posted by users. You acknowledge that you will bear any risks related to your use of any User Content. All User Content appearing throughout ursongs.com Services are the sole responsibility of the person who originally posted the User Content, and your sole recourse for any damage you may suffer as a result of User Content shall be to such individual.

You shall be solely responsible for your own User Content and the consequences of posting or publishing them. You retain all of your ownership rights in your User Content. However, by submitting User Content (including music content) toursongs.com, you hereby grant, and you represent and warrant that you have the right to grant

You further understand and agree that:

  1. you are solely responsible for understanding all copyright, patent, trademark, trade secret and other intellectual property or other laws that may apply to your User Content;
  2.  you are solely responsible for, and ursongs.com will have no liability in connection with, the legal consequences of any actions or failures to act on your part while using ursongs.com Services, including without limitation any legal consequences relating to your intellectual property rights; and

ursongs.com retains ownership of ursongs.com Accounts and related data, regardless of intellectual property rights you may have in content you create or otherwise own. You agree that even though you may retain certain copyright or other intellectual property rights with respect to User Content, you do not solely  own the Account you use to access ursongs.com Services, nor do you own any data ursongs.com stores on ursongs.com servers (including without limitation any data representing or embodying any or all of your User Content).

 

Uploading Music

At the time you upload your content, you will be asked to provide information (photo, title, description, tags, categories etc.) about your content so that visitors to the Site can search and find relevant content. You will make best efforts to provide accurate, non-misleading information about the content you uploaded and  will not submit unrelated information for any purpose. If ursongs.com determines that information is misleading or inaccurate or that it violates the rights of any third party, ursongs.com may delete such information or your uploaded content, in its sole discretion.

 

Copyright Act

If you are a copyright owner or an agent thereof and believe that any User Content infringes upon your copyrights, you may submit a notification pursuant to the by providing us with the following information in writing A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

  • Identification of the copyrighted work(s) claimed to have been infringed;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to locate the material;
  • Information reasonably sufficient to contact you, such as an address, telephone number, and, if available, an electronic mail;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The information should be mailed at                                          .If you fail to comply with all of the requirements above, your notice may not be valid

.

If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your User Content, you may send a notice containing the following informationursongs.com:

  • Your physical or electronic signature;
  • Identification of the User Content that has been removed or to which access has been disabled and the location at which the User Content appeared before it was removed or disabled;
  • A statement that you have a good faith belief that User the Content was removed or disabled as a result of mistake or a misidentification of the User Content; and
  • ursongs.com may send a copy of your notice to the original complaining party informing that person that it may replace the removed User Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the User Content provider, member or user, the removed User Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the notice, at ursongs.com's sole discretion.

 

Downloading Music - Personal Use Only

Subject to the payment of fees and compliance with this Agreement and any other agreements between you andursongs.com,ursongs.com makes music content created by its users available for download. You will also be required to pay fees and be bound by the same agreements if you choose to download music created by you.ursongs.com, in its sole discretion, establishes the price of content (including music) available to users, including standard pricing, promotional pricing and discount pricing. Pricing policies are available at membership plan and are subject to change at ursongs.com's sole and absolute discretion.

ursongs.com grants to you a non-exclusive, non-transferable, non-sublicensable, worldwide, perpetual master-use license and synchronization license for personal, non-commercial use only of properly downloaded music ("Downloaded Music").

Commercial use licenses are available subject to the payment of a Commercial use fee and your agreement to be bound by a Commercial Use License, which will be made available to you upon checkout.

You may not distribute, sell, rent, lease, assign, or otherwise transfer any Downloaded Music. You may not alter or delete any identifier embedded within Downloaded Music. You are prohibited from distributing Downloaded Music, including in native format or reformatted, filtered, re-synthesized or otherwise edited, for use as sounds, music, multi-sounds, samples, multi-samples, programs or patches in a sampler, sample playback unit, website, compact disc (CD), DVD, computer, software or mobile phone. You may not claim ownership or authorship of Downloaded Music. You cannot create any derivatives of or records lyrics over Downloaded Music.

All rights not expressly granted in writing remain the exclusive property of ursongs.com or its licensors.

 

Intellectual Property Rights

The content available throughout ursongs.com Services, except certain User Content specifically excluded, including without limitation, the text, graphics, sounds and photos created by and forursongs.com, interactive features and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to ursongs.com ursongs.com, subject to copyright and other intellectual property rights. The ursongs.com Program and all content available through ursongs.com Services, including content you download, whether in exchange for payment or free of charge, is provided to you AS IS and may not be used, reverse engineered, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purpose whatsoever without the prior written consent of ursongs.com or as expressly provided herein. ursongs.com reserves all rights not expressly granted in and ursongs.com Services and the content contained therein.

You agree to not engage in the use, copying, retransmission or distribution of any content available throughout ursongs.com Services other than as expressly permitted herein, including any use, copying, or distribution of User Content or Site content. You agree not to circumvent, disable or otherwise interfere with security related features of ursongs.com Services or features that prevent or restrict use or copying of any content or enforce limitations on use of ursongs.com Services or the content therein.

Without a written license agreement, ursongs.com does not authorize you to make any use of its Marks. ursongs.com reserves all right, title, and interest in the Marks and does not authorize you to display or use any Marks in any manner whatsoever.

User Conduct

In using ursongs.com services, you agree to not: impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; upload, download, post, email or otherwise transmit any content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party; upload, download, post, email or otherwise transmit any content that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law; upload, download, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, or any other form of solicitation; upload, download, post, email or otherwise transmit 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; upload, download, post, email or otherwise transmit false or misleading information; disrupt or interfere with the security of, or otherwise abuse, ursongs.com Services, or any services, system resources, accounts, servers, or networks connected to or accessible through the Site or affiliated or linked websites; access, tamper with or use non-public areas ursongs.com Services. Unauthorized individuals attempting to access these areas may be subject to prosecution; disrupt or interfere with any other user's enjoyment of ursongs.com Services or affiliated or linked websites; incorporate images or names that would violate a person's right of privacy or publicity.

User Acknowledgements

You acknowledge that ursongs.com does not pre-screen User Content, but that ursongs.com and its designees shall have the right (but not the obligation) in their sole discretion to reject or remove any content appearing throughout ursongs.com Services. ursongs.com and its designees shall have the right to remove any User Content that violates the Agreement or is otherwise objectionable toursongs.com. 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. You

acknowledge that you may not rely on any content created by or submitted toursongs.com. You acknowledge and agree that ursongs.com may preserve User Content and may also disclose them if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any User Content violates the rights of third-parties; or (iv) protect the rights, property, or personal safety ofursongs.com, its users and the public.

You understand that the technical processing and operation of ursongs.com Services, including your User Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connection networks or devices. ursongs.com takes no responsibility and assumes no liability for any content uploaded or otherwise transmitted by or to you or by or to any third-party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, infringement, obscenity, pornography or profanity you or a third party may encounter. You agree to waive any claims against ursongs.com and its affiliates, contractors, agents and employees for losses, damages and injuries which are based on or relate to communications, User Content, content or materials available through ursongs.com Services. You agree to indemnify ursongs.com and its affiliates from all claims and expenses, including reasonable attorney's fees, which claims are based on or arise from your violation of any of the provisions of

LIMITATION OF LIABILITY

IN NO EVENT SHALL ursongs.com OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSEES OR DISTRIBUTORS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION ANY DAMAGES FOR LOST PROFITS, ARISING (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) OUT OF OR IN CONNECTION WITH ursongs.com SERVICES (INCLUDING ITS MODIFICATION OR TERMINATION), INCLUDING THE SITE, THE ursongs.com PROGRAM, CONTENT, YOUR ACCOUNT (INCLUDING ITS TERMINATION OR SUSPENSION) OR THIS AGREEMENT, MLAs OR MPLA WHETHER OR NOT ursongs.com MAY HAVE BEEN ADVISED THAT ANY SUCH DAMAGES MIGHT OR COULD OCCUR AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. IN ADDITION, IN NO EVENT WILL URSONGS.COM'S CUMULATIVE LIABILITY TO YOU FOR DIRECT DAMAGES OF ANY KIND OR NATURE EXCEED mention value. SOME JURISDICTIONS DO NOT ALLOW THE FOREGOING LIMITATIONS OF LIABILITY, SO TO THE EXTENT THAT ANY SUCH LIMITATION IS IMPERMISSIBLE, SUCH LIMITATION MAY NOT APPLY TO YOU. YOU AGREE THAT URSONGS.COM CANNOT BE HELD RESPONSIBLE OR LIABLE FOR ANYTHING THAT OCCURS OR RESULTS FROM ACCESSING OR SUBSCRIBING TO URSONGS.COM SERVICES.

 

Indemnity

You agree to defend, indemnify and hold harmlessursongs.com, its parent, subsidiaries, officers, directors, 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:

  1. your use of and access to ursongs.com Services;
  2.  your violation of any term of this Agreement, MLAs, and the MPLA;
  3.  your violation of any third party right, including without limitation any copyright, property, or privacy right;
  4.  any claim that any of your submitted content caused damage to a third party, or
  5.  your actions caused loss of content. This defense and indemnification obligation will survive this Agreement and your use of ursongs.com Services.

General Provisions

ursongs.com makes no representation that any aspect of ursongs.com Services is appropriate or available for use in jurisdictions outside of the India. Those who choose to access ursongs.com Services from other locations are responsible for compliance with applicable local laws.

ursongs.com's failure to act with respect to a breach by you or others does not waive ursongs.com's right to act with respect to that breach or subsequent or similar breaches. No consent or waiver by ursongs.com under this Agreement shall be deemed effective unless delivered in a writing signed by a duly appointed officer ofursongs.com. All or any of ursongs.com's rights and obligations under this Agreement may be assigned to a subsequent owner or operator of ursongs.com Services in a merger, acquisition or sale of all or substantially all of ursongs.com's assets. You may not assign or transfer this Agreement or any or all of your rights hereunder without the prior written consent ofursongs.com, and any attempt to do so is void. Notwithstanding anything else in this Agreement, no default, delay or failure to perform on the part of ursongs.com shall be considered a breach of this Agreement if such default, delay or failure to perform is shown to be due to causes beyond the reasonable control ofursongs.com.

You will resolve any claim, cause of action or dispute ("Claim") you have with ursongs.com arising out of or relating to this User Agreement, MLAs, and MPLA, and any other supplemental agreements between you and ursongs.com exclusively in High court located in Kolkata West Bengal.

This Agreement sets forth the entire understanding and agreement between you and ursongs.com with respect to the subject matter hereof. The section headings used herein, including descriptive summary sentences at the start of each section, are for convenience only and shall not affect the interpretation of this Agreement. If any provision of this Agreement shall be held by a court of competent jurisdiction to be unlawful, void, or for any reason unenforceable, then in such jurisdiction that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of the remaining provisions.

ursongs.com may give notice to you by means of a general notice on our website, after log-in to your Account, by electronic mail to your e-mail address in our records for your Account, or by written communication sent by first class mail, postage prepaid, or overnight courier to your address on record for your Account. All notices given by you or required under this Agreement shall be faxed to mention fax no. :- +91 33 2226 8871



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