Terms & Conditions
Shrutinandan is a Kolkata, India based company committed to promoting the fair trade of music by
and for artists and fans via the Internet. The www.ajoychakrabarty.com Web Site (the "Site") offers
artists the opportunity to promote their music and fans the opportunity to download music on the
site as well as on other sites designated by artists and fans (the "Site Services"). The site and
the site services are offered to you subject to these terms and conditions of use (these "site
terms"). Please read these site terms carefully before using this site and the site services. By
accessing or using the site and/or the site services, you explicitly agree to comply with and be
bound by these site terms and any policies that may be incorporated by reference herein. If you
do not agree to all provisions of these site terms, do not use the site or the site services.
Privacy Policy
Please refer to www.ajoychakrabarty.com Privacy Policy, which is incorporated herein by this
reference, for information on how www.ajoychakrabarty.com collects, uses and discloses personally
identifiable information, non-personally identifiable information, and aggregate information
from its users. If any conflict exists between the Site Terms and our Privacy Policy, the Site
Terms shall prevail. Additionally, by using the Site, you acknowledge and agree that Internet
transmissions are never completely private or secure. You understand that any message or
information you send to the Site may be read or intercepted by others, even if there is a special
notice that a particular transmission is encrypted.
Ownership and Copyright
Except as otherwise indicated, the Site, and all text, images, marks, logos and other content
contained herein, including, without limitation, the www.ajoychakrabarty.com logo and all designs,
text, photos, graphics, pictures, artwork, information, data, code, software, music, sound files,
other files, and materials ("Content") and the selection and arrangement thereof (collectively,
the "Site Content") are the proprietary property of www.ajoychakrabarty.com or its licensors or
suppliers and are protected by Indian and international copyright laws. Trademarks
www.ajoychakrabarty.com logo and all other product or service names or slogans or artwork displayed
on the Site are registered and/or common law trademarks of www.ajoychakrabarty.com and/or its
suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without
the prior written permission of www.ajoychakrabarty.com or the applicable trademark holder. In
addition, the look and feel of the Site, including all page headers, custom graphics, button icons
and scripts, are the service mark, trademark and/or trade dress of www.ajoychakrabarty.com and may
not be copied, imitated or used, in whole or in part, without the prior written permission of
www.ajoychakrabarty.com. All other trademarks, registered trademarks, product names and company
names or logos mentioned in the Site are the property of their respective owners. Reference to any
products, services, processes or other information, by trade name, trademark, record label and
supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation
thereof by www.ajoychakrabarty.com.
Limited License
Subject to the terms, conditions and restrictions set forth in these Site Terms,
www.ajoychakrabarty.com grants you a limited, non-exclusive, personal, non sublicensable and
revocable license to access and use the Site and to view, copy, and print portions of the Site
Content (the "License"). The License is specifically conditioned upon the following: (i) you may
only view, copy and print portions of the Site Content for your own informational, personal and
non-commercial use; (ii) you may not modify or otherwise make derivative uses of the Site or the
Site Content, or any portion thereof; (iii) any displays or printouts of Site Content must be
marked © 2015 - 2016, www.ajoychakrabarty.com and its licensor. All rights reserved.``; (iv) you
may not remove or modify any copyright, trademark, or other proprietary notices that have been
placed in the Site Content; (v) you may not use any data mining, robots or similar data gathering
or extraction methods; (vi) you may not use the Site or the Site Content other than for its
intended purpose; and (vii) you may not reproduce, prepare derivative works from, distribute or
display the Site or any Site Content, except as provided herein. Except as expressly permitted
above, any use of any portion of the Site or Site Content without the prior written permission
of www.ajoychakrabarty.com is strictly prohibited and will terminate the License. Your
unauthorized use of the Site or Site Content may violate applicable laws including, without
limitation, copyright and trademark laws and applicable communications regulations and statutes.
Except as expressly stated in these Site Terms, you are not conveyed or granted, and nothing on
the Site may be construed as conveying or granting any right or license, by implication, estoppel
or otherwise, in or under any patent, trademark, copyright, or other intellectual or proprietary
right of www.ajoychakrabarty.com or any third party. You represent and warrant that your use of
the Site and the Site Content will be consistent with the License and will not infringe,
misappropriate or violate the rights of www.ajoychakrabarty.com or any other party or breach any
contract or legal duty to www.ajoychakrabarty.com or any other party, or violate any law. You
expressly agree to indemnify www.ajoychakrabarty.com against any liability to any person arising
out of your use of the Site or Site Content.
Copyright Complaints
If you believe that material posted on the Site infringes upon any copyright that you own or
control, or that any link on the Site directs users to another Web site that contains materials
that infringes upon any copyright that you hold or control, you may file a notification of such
infringement as set forth below:
Contact of Director of Content to Whom Notification Should be Sent:
Director of Content, www.ajoychakrabarty.com, INDIA
Email Address: mfasnonline@gmail.com
Any notification must include the following information:
- Identity of the copyrighted work that you claim has been infringed, or, if multiple works, a representative list of the copyrighted works that you claim have been infringed.
- Identification of the material that you claim is infringing and where it is located on the Site.
- Your street or mailing address, telephone number and email address.
- A statement by you that you have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
- A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner, or are authorized to act on the copyright owner's behalf.
- Electronic or physical signature of the copyright owner or of a person authorized to act on the copyright owner's behalf.
We may give notice of a claim of copyright infringement to our users by means of a general notice
on the Site, electronic mail to a user's email address in our records, or by written communication
sent by first-class mail to a user's address in our records.
Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law,
www.ajoychakrabarty.com has adopted a policy of terminating, in appropriate circumstances and at
www.ajoychakrabarty.com's sole discretion, subscribers or account holders who are deemed to be
repeat infringers. www.ajoychakrabarty.com may also at its sole discretion limit access to the
Site and/or terminate the accounts of any users who infringe any intellectual property rights of
others, whether or not there is any repeat infringement.
Registration Data; Account Security
You agree to: (a) provide accurate, current and complete information about you as may be prompted
by any registration forms on the Site ("Registration Data"); (b) maintain the security of your
password; (c) maintain and promptly update the Registration Data, and any other information you
provide to www.ajoychakrabarty.com, and to keep it accurate, current and complete; and (d) accept
all risks of unauthorized access to the Registration Data and any other information you provide
to www.ajoychakrabarty.com.
WARRANTY DISCLAIMER
Except as expressly provided to the contrary in a writing by www.ajoychakrabarty.com, the site,
the materials contained therein and the site content and site services provided on or in
connection therewith are provided on an "as is" basis without warranties of any kind, either
express or implied.www.ajoychakrabarty.com expressly disclaims all other warranties, express or
implied, including without limitation implied warranties of merchantability, fitness for a
particular purpose, title and non-infringement as to the site, site content, site services, and
any materials on the site. www.ajoychakrabarty.com does not represent or warrant that the site,
site content, site services or materials in the site or the services are accurate, complete,
reliable, current or error-free, and expressly disclaims any warranty or representation as to
the accuracy or proprietary character of the site, the site services or the site content or any
portion thereof.
www.ajoychakrabarty.com is not responsible for typographical errors or omissions
relating to text, photography, sound recordings, artwork, or any other materials on the site
or interactive areas. Whilewww.ajoychakrabarty.com attempts to make your access to and use of the
site, the site content, and the site services safe, www.ajoychakrabarty.com cannot and does not
represent or warrant that the site or its server(s) are free of viruses or other harmful
components; therefore, you should use industry-recognized software to detect and disinfect
viruses.
Limitation of liability
You waive and covenant not to assert any claims or allegations of any nature whatsoever against
www.ajoychakrabarty.com, its affiliates, or their respective directors, officers, attorneys,
employees or agents arising out of or in any way relating to your use of the site, site content,
the site services or the materials contained in or accessible through the site, including, without
limitation, any claims or allegations relating to the alleged infringement of proprietary rights,
alleged inaccuracy of site content, or allegations that www.ajoychakrabarty.com has or should
indemnify, defend or hold harmless you or any third party from any claim or allegation arising
from your use or other exploitation of the site. You use the site, the site content, and the site
services at your own risk.
Without limitation of the foregoing, neither www.ajoychakrabarty.com
nor any parties providing site content shall be liable for any direct, special, indirect or
consequential damages, or any other damages of any kind, including but not limited to loss of use,
loss of profits or loss of data, whether in an action in contract, tort (including but not limited
to negligence) or otherwise, arising out of or in any way connected with the use of the site,
the site content or the site services or the materials contained in or accessible through the
site, including without limitation any damages caused by or resulting from your reliance on
any site content or other information obtained from www.ajoychakrabarty.com or accessible via the
site or site services, or that result from mistakes, errors, omissions, interruptions, deletion of
files or email, defects, viruses, delays in operation or transmission or any failure of
performance, whether or not resulting from acts of god, communications failure, theft, destruction
or unauthorized access to www.ajoychakrabarty.com's site, site content, site services, or any
other programs or services.
In no event shall the aggregate liability of www.ajoychakrabarty.com, whether in contract,
warranty, tort (including negligence, whether active, passive or imputed), product liability,
strict liability or other theory, arising out of or relating to the use of the site exceed any
compensation you pay, if any, to www.ajoychakrabarty.com for access to or use of the site, the
site content or the site services.
Because some states/jurisdictions do not allow the exclusion or limitation of liability for
consequential or incidental damages, some of the above limitations may not apply to you.
Applicable Law and Venue
You explicitly agree that all disputes, claims or other matters arising from or relating to your
use of the Site will be governed by the laws of the State of Tennessee, without regard to its
conflicts of law principles. You agree that all claims you may have against
www.ajoychakrabarty.com arising from or relating to the Site, including without limitation the
Site Content or the Site Services, will be heard and resolved in a court of competent subject
matter jurisdiction located in Davidson County, Tennessee. You consent to the personal
jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in
such courts, and covenant not to assert any objection to proceeding in such courts. If you
choose to access the Site from locations other than Davidson County, Tennessee, you will be
responsible for compliance with all local laws of such other jurisdiction.
Termination/Modification of License and Site Offerings Notwithstanding any provision of these
Site Terms, www.ajoychakrabarty.com reserves the right, without notice and in its sole discretion,
without any notice or liability to you, to (a) terminate your license to use the Site, Site
Content, Site Services, or any portion thereof; (b) block or prevent your future access to and
use of all or any portion of the Site, Site Content or Site Services; (c) change, suspend or
discontinue any aspect of the Site, Site Content or Site Services; and (d) impose limits on the
Site, Site Content or Site Services.
Severability
If any provision of these Site Terms shall be deemed unlawful, void or for any reason
unenforceable, then that provision shall be deemed severable from these Site Terms and shall not
affect the validity and enforceability of any remaining provisions. Modifications to the Site
Terms www.ajoychakrabarty.com reserves the right to change or modify any of the terms and
conditions contained in the Site Terms, or any policy of the Site, at any time and in its sole
discretion. Unless otherwise specified, any changes or modifications will be effective immediately
upon posting of the revisions on the Site, and your continued use of the Site or the Site Services
will constitute your acceptance of such changes or modifications. You should review the Site Terms
and its incorporated policies from time to time to understand the terms and conditions that apply
to your use of the Site and the Site Services. If you do not agree to any amended terms, do not
use the Site or the Site Services.