PKS Digital | Privacy Policy

Privacy Policy

Personal information provided or collected through or in connection with this Website and/or our services shall only be used in accordance with the Company’s Privacy Policy and these terms of use are subject to the Privacy Policy as posted on this Website.

USE OF THE SITE

In order to avail our services, you must be 18 years of age, or the age of majority in your territory or country. Our Website may be used by a minor only under the strict supervision, guidance and control of an adult who agrees to be bound by these terms and conditions. You have the option to restrict access of the Service to children below the age of 18 years which you may exercise at your discretion.

This Website is hosted in India. If you are a customer/client accessing this Website from any other region with laws or regulations governing personal data collection, use and disclosure that differ from the laws as applicable in India, then please note that you are transferring your personal data in a country having different data protection laws.

This Website is controlled and operated by the Company from its offices within the province of India. The Company makes no representation that materials in the Website are available for use in other locations and other countries.

You must comply with all of the terms and conditions of these Terms of Use, music distribution agreement and/or its subsequent addendums, policies referred to herein and all applicable laws, regulations and rules when you use this Website or avail any of our Services.

You shall be solely responsible for all the Content uploaded by you and the consequences of submitting the Content to our Company or availing our music distribution services. You agree that the Company shall not be liable to you and/or any third party for any claims, losses, proceedings, damages and expenses arising due to exploitation and use of the said Content by the Company and/or any third party music distribution platform. For sake of clarity “Content” shall mean and include without limitation text, images, artworks, audio songs, materials, sound recordings, video material and any other audio-visual material) that you submit to our Website or provide for availing our Services or provide for any other purpose whatsoever.

You grant to us a worldwide, irrevocable, non-exclusive, sub-licensable, transferable, royalty-free licence to use, reproduce, adapt, publish, translate, transpose, download, sell, exhibit, exploit and distribute your Content in any existing or future media. You also grant to us the right to bring an action for infringement of these rights.

The represent and warrant that the Content provided by you is not illegal or unlawful, obscene, vulgar, defamatory, harms any religious sentiments, infringes any third party’s intellectual property rights including copyrights and/or any use or exploitation of the said Content is capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).

You represent and warrant that i) you shall comply with all applicable laws, rules and regulations; (ii) you have obtained all permissions and licenses and the Company and/or its third party music distribution platforms will not need to obtain or pay for any permissions or licenses for use, distribution and exploitation of the Content; (iii) the Content is original and will not infringe any third party rights; (iv) there are no claims, demands or any form of litigation pending or, to the best of your knowledge, threatened with respect to any of your Content; and (v) the Content does not contain viruses or any other programs or technology designed to disrupt or damage any software or hardware.

Notwithstanding our rights under these terms and conditions in relation to the Content provided by you, we do not undertake to monitor the submission of such Content, or the publication and exploitation of such Content.

DISCLAIMERS

All content (including without limitation, text, images, graphics, links and other materials) on the website is provided “as is” and “as available” without warranty of any kind, either express or implied. The Company and its partners, licensors, distributors and suppliers hereby expressly disclaim any representations and warranties of merchantability, fitness for any particular purpose, or as to the operation of this Website, the content. Neither the Company nor its partners, licensors, distributors and suppliers warrant or makes any representations that the Website will meet your requirements, the Website will be uninterrupted, timely, secure or error free or virus free or the results may be obtained from the use of the Website, including any information and materials on this Website will be correct, complete, accurate, reliable, or otherwise meet your requirements. The Company disclaims all express and implied warranties, including warranties of non-infringement.

THIRD PARTY SERVICES

The Company may engage third parties to provide certain services including music distribution services accessible through the Website. The Company does not control those third parties or their services, and you agree that the Company shall not be liable to you in any way for your use of such services. These third parties may have their own terms of use and other policies. You must comply with such terms and policies as well as the terms and conditions stated herein when you use these services. If any such terms, conditions or policies conflict with these Terms of Use, music distribution agreement and/or its subsequent addendums or the Company’s policies, you must comply with our Terms of Use, agreements and/or policies, as applicable.

COPYRIGHTS AND TRADEMARKS

The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on the Website are registered and unregistered Trademarks of the Company and others. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Website without the written permission of the Company or such third party that may own the Trademarks displayed on the Website. Your misuse of the Trademarks displayed on the Website, or any other content on the Website, is strictly prohibited. You are also advised that the Company will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.