Use of the Musepod Store is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Musepod Store. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the Provenance Technologies Musepod Store and shall not transact on or use the Musepod Store in any manner. As a minor if you wish to use or transact on Musepod Store, such use or transaction may be made by your legal guardian or parents on the Musepod Store. Provenance Technologies reserves the right to terminate your membership and / or refuse to provide you with access to the Musepod Store if it is brought to Provenance Technologies 's notice or if it is discovered that you are under the age of 18 years.
Your Account and Registration Obligations
If You use the Musepod Store, You shall be responsible for maintaining the confidentiality of your Display Name and Password and You shall be responsible for all activities that occur under your Display Name and Password. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the this Terms of Use, or you have concealed material information, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Musepod Store and refuse to provide You with access to the Musepod Store.
Communications
When You use the Musepod Store or send emails or other data, information or communication to us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.
Platform for Transaction and Communication
The Musepod Store is a platform that Users utilize to meet and interact with one another for their transactions. Provenance Technologies is not and cannot be a party to or control in any manner any transaction between the Musepod Store's Users.
Henceforward:
1. All commercial/contractual terms are offered by and agreed to between Buyers and Service Providers alone. The commercial/contractual terms include without limitations, price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services. Provenance Technologies does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Buyers and Service Providers, and therefore does not accept any responsibilities whatsoever.
2. Provenance Technologies does not make any representation or Warranty as to Specifications (such as quality, value, saleability, etc) of the products or services proposed to be sold or offered to be sold or purchased on the Musepod Store. Provenance Technologies does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Musepod Store. Provenance Technologies accepts no liability whatsoever for any errors or omissions, whether on behalf of itself or third parties.
3. Provenance Technologies is not responsible for any non-performance or breach of any contract entered into between Buyers and Service Providers. Provenance Technologies cannot and does not guarantee that the concerned Buyers and/or Service Providers will perform any transaction concluded on the Musepod Store. Provenance Technologies shall not and is not required to mediate or resolve any dispute or disagreement between Buyers and Service Providers.
4. Provenance Technologies does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc) of any of its Users. You are advised to independently verify the bona fides of any particular User that You choose to deal with on the Musepod Store and use Your best judgment in that behalf.
5. Provenance Technologies does not at any point of time during any transaction between Buyer and Service provider on the Musepod Store come into or take possession of any of the products or services offered by Service provider nor does it at any point gain title to or have any rights or claims over the products or services offered by Service provider to Buyer.
6. At no time shall Provenance Technologies hold any right, title or interest over the products nor shall Provenance Technologies have any obligations or liabilities in respect of such contract entered into between Buyers and Service Providers. Provenance Technologies is not responsible for any unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
7. The Musepod Store is only a platform that can be utilized by Users to reach a larger base to buy and sell products or services. Provenance Technologies is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the such Service provider and the Buyer.
At no time shall Provenance Technologies hold any any right, title or interest over the products nor shall Provenance Technologies have any obligations or liabilities in respect of such contract. Provenance Technologies is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
8. You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the service provider(s) that You transact with.
Disclaimer: Pricing on any product(s) as is reflected on the Musepod Store may be incorrectly mentioned due to some technical issue, typographical error or product information published by service provider and in such an event service provider may cancel such your order(s).
9. You agree to release and indemnify and keep indemnified Provenance Technologies and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Musepod Store and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, Provenance Technologies cannot take responsibility or control the information provided by other Users which is made available on the Musepod Store. If You find other User's information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Musepod Store. Please note that there could be risks in dealing with underage persons or people acting under false pretence.
Charges
Membership on the Musepod Store is free for buyers. Provenance Technologies does not charge any fee for browsing and buying on the Musepod Store. Provenance Technologies reserves the right to change its Fee Policy from time to time. In particular, Provenance Technologies may at its sole discretion introduce new services and modify some or all of the existing services offered on the Musepod Store. In such an event Provenance Technologies reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee Policy shall be posted on the Musepod Store and such changes shall automatically become effective immediately after they are posted on the Musepod Store. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to Provenance Technologies Internet Private Limited.
Use of the Musepod Store
You agree, undertake and confirm that Your use of Musepod Store shall be strictly governed by the following binding principles:
1. You shall not host, display, upload, modify, publish, transmit, update or share any information which:
(a) belongs to another person and to which You does not have any right to;
(b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
(c) is misleading in any way;
(d) is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
(e) harasses or advocates harassment of another person;
(f) involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
(g) promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
(h) infringes upon or violates any third party's rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity];
(i) promotes an illegal or unauthorized copy of another person's copyrighted work (see "Copyright complaint" below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
(j) contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
(k) provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
(l) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
(m) contains video, photographs, or images of another person (with a minor or an adult).
(n) tries to gain unauthorized access or exceeds the scope of authorized access to the Musepod Store or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Musepod Store or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
(o) engages in commercial activities and/or sales without Our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of "virtual" products related to the Musepod Store. Throughout this Terms of Use, Provenance Technologies 's prior written consent means a communication coming from Provenance Technologies 's Legal Department, specifically in response to Your request, and specifically addressing the activity or conduct for which You seek authorization;
(p) solicits gambling or engages in any gambling activity which We, in Our sole discretion, believes is or could be construed as being illegal;
(q) interferes with another USER's use and enjoyment of the Musepod Store or any other individual's User and enjoyment of similar services;
(r) refers to any Musepod Store or URL that, in Our sole discretion, contains material that is inappropriate for the Musepod Store or any other Musepod Store, contains content that would be prohibited or violates the letter or spirit of these Terms of Use.
(s) harm minors in any way;
(t) infringes any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;
(u) violates any law for the time being in force;
(v) deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(w) impersonate another person;
(x) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
(y) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
(z) shall not be false, inaccurate or misleading;
(aa) shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
(ab) shall not create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider ("ISPs") or other suppliers;
2. You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Musepod Store or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Musepod Store or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Musepod Store. We reserve Our right to bar any such activity.
3. You shall not attempt to gain unauthorized access to any portion or feature of the Musepod Store, or any other systems or networks connected to the Musepod Store or to any server, computer, network, or to any of the services offered on or through the Musepod Store, by hacking, password "mining" or any other illegitimate means.
4. You shall not probe, scan or test the vulnerability of the Musepod Store or any network connected to the Musepod Store nor breach the security or authentication measures on the Musepod Store or any network connected to the Musepod Store. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Musepod Store, or any other customer, including any account on the Musepod Store not owned by You, to its source, or exploit the Musepod Store or any service or information made available or offered by or through the Musepod Store, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Musepod Store.
5. You shall not make in any manner any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us including the terms Provenance Technologies , Musepodpod.com, or Musepod Reader otherwise engage in any conduct or action that might tarnish the image or reputation, of Provenance Technologies or Service Providers on platform or otherwise tarnish or dilute any Provenance Technologies 's trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Musepod Store or Provenance Technologies 's systems or networks, or any systems or networks connected to Provenance Technologies .
6. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Musepod Store or any transaction being conducted on the Musepod Store, or with any other person's use of the Musepod Store.
7. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to Us on or through the Musepod Store or any service offered on or through the Musepod Store. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.
8. You may not use the Musepod Store or any content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Provenance Technologies and / or others.
9. You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules there under as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/VAT, Income Tax, Entry Tax Service Tax, Central Excise, Custom Duty, Local Levies) regarding Your use of Our service and Your listing, purchase, solicitation of offers to purchase, and sale of products or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
10. Solely to enable Us to use the information You supply Us with, so that we are not violating any rights You might have in Your Information, You agree to grant Us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights You have in Your Information, in any media now known or not currently known, with respect to Your Information. We will only use Your information in accordance with the Terms of Use and Privacy Policy applicable to use of the Musepod Store.
11. From time to time, You shall be responsible for providing information relating to the products or services proposed to be sold by You. In this connection, You undertake that all such information shall be true and accurate in all respects. You shall not exaggerate or over emphasize the attributes of such products or services so as to mislead other Users in any manner.
12. You shall not engage in advertising to, or solicitation of, other Users of the Musepod Store to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Musepod Store or related to us. You may not transmit any chain letters or unsolicited commercial or junk email to other Users via the Musepod Store. It shall be a violation of these Terms of Use to use any information obtained from the Musepod Store in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than Us without Our prior explicit consent. In order to protect Our Users from such advertising or solicitation, We reserve the right to restrict the number of messages or emails which a user may send to other Users in any 24-hour period which We deems appropriate in our sole discretion. You understand that We have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Musepod Store) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, We can (and You hereby expressly authorize Us to) disclose any information about You to law enforcement or other government officials, as we, in Our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
We reserve the right, but has no obligation, to monitor the materials posted on the Musepod Store. Provenance Technologies shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE MUSEPOD STORE AND IN YOUR PRIVATE MESSAGES. Please be advised that such Content posted does not necessarily reflect Provenance Technologies views. In no event shall Provenance Technologies assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Musepod Store. You hereby represent and warrant that You have all necessary rights in and to all Content which You provide and all information it contains and that will always assure that such Content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortuous, or otherwise unlawful information.
13. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Musepod Store, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Musepod Store.
14. It is possible that other users (including unauthorized users or "hackers") may post or transmit offensive or obscene materials on the Musepod Store and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You due to your use of the Musepod Store, and that the recipient may use such information to harass or injure You. We does not approve of such unauthorized uses, but by using the Musepod Store You acknowledge and agree that We are not responsible for the use of any personal information that You publicly disclose or share with others on the Musepod Store. Please carefully select the type of information that You publicly disclose or share with others on the Musepod Store.
15. Provenance Technologies shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your owner through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
Contents Posted on Site
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork (collectively, "Content"), is a third party user generated content and Provenance Technologies has no control over such third party user generated content as Provenance Technologies is merely an intermediary for the purposes of this Terms of Use.
Except as expressly provided in these Terms of Use, no part of the Musepod Store and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Musepod Store or other medium for publication or distribution or for any commercial enterprise, without Provenance Technologies 's express prior written consent.
You may use information on the products and services purposely made available on the Musepod Store for downloading, provided that You (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents.
You shall be responsible for any notes, messages, emails, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted to the Musepod Store (collectively, "Content"). Such Content will become Our property and You grant Us the worldwide, perpetual and transferable rights in such Content. We shall be entitled to, consistent with Our Privacy Policy as adopted in accordance with applicable law, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include the Content You provide. You agree that any Content You post may be used by us, consistent with Our Privacy Policy and Rules of Conduct on Site as mentioned herein, and You are not entitled to any payment or other compensation for such use.
Privacy
We view protection of Your privacy as a very important principle. We understand clearly that You and Your Personal Information is one of Our most important assets. We store and process Your Information including any sensitive financial information collected (as defined under the Information Technology Act, 2000), if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and Rules there under. If You object to Your Information being transferred or used in this way please do not use Musepod Store.
We may share personal information with our other corporate entities and affiliates. These entities and affiliates may market to you as a result of such sharing unless you explicitly opt-out.
We may disclose personal information to third parties. This disclosure may be required for us to provide you access to our Services, to comply with our legal obligations, to enforce our User Agreement, to facilitate our marketing and advertising activities, or to prevent, detect, mitigate, and investigate fraudulent or illegal activities related to our Services. We do not disclose your personal information to third parties for their marketing and advertising purposes without your explicit consent.
We may disclose personal information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal process. We may disclose personal information to law enforcement offices, third party rights owners, or others in the good faith belief that such disclosure is reasonably necessary to: enforce our Terms or Privacy Policy; respond to claims that an advertisement, posting or other content violates the rights of a third party; or protect the rights, property or personal safety of our users or the general public.
We and our affiliates will share / sell some or all of your personal information with another business entity should we (or our assets) plan to merge with, or be acquired by that business entity, or re-organization, amalgamation, restructuring of business. Should such a transaction occur that other business entity (or the new combined entity) will be required to follow this privacy policy with respect to your personal information.
Disclaimer of Warranties and Liability
This Musepod Store, all the materials and products (including but not limited to software) and services, included on or otherwise made available to You through this site are provided on "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, Provenance Technologies does not warrant that:
• This Musepod Store will be constantly available, or available at all; or
• The information on this Musepod Store is complete, true, accurate or non-misleading.
Provenance Technologies will not be liable to You in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Musepod Store. Provenance Technologies does not warrant that this site; information, Content, materials, product (including software) or services included on or otherwise made available to You through the Musepod Store; their servers; or electronic communication sent from Us are free of viruses or other harmful components.
Nothing on Musepod Store constitutes, or is meant to constitute, advice of any kind. All the Products sold on Musepod Store are governed by different state laws and if Service provider is unable to deliver such Products due to implications of different state laws, Service provider will return or will give credit for the amount (if any) received in advance by Service provider from the sale of such Product that could not be delivered to You.
You will be required to enter a valid phone number while placing an order on the Musepod Store. By registering Your phone number with us, You consent to be contacted by Us via phone calls and/or SMS notifications, in case of any order or shipment or delivery related updates. We will not use your personal information to initiate any promotional phone calls or SMS.
Selling
As a registered service provider, you are allowed to list item(s) for sale on the Musepod Store in accordance with the Policies which are incorporated by way of reference in this Terms of Use. You must be legally able to sell the item(s) you list for sale on our Musepod Store. You must ensure that the listed items do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties. Listings may only include text descriptions, graphics and pictures that describe your item for sale. All listed items must be listed in an appropriate category on the Musepod Store. All listed items must be kept in
stock for successful fulfilment of sales
The listing description of the item must not be misleading and must describe actual condition of the product. If the item description does not match the actual condition of the item, you agree to refund any amounts that you may have received from the Buyer. You agree not to list a single product in multiple quantities across various categories on the Musepod Store. Provenance Technologies reserves the right to delete such multiple listings of the same product listed by you in various categories.