TERMS & CONDITIONS
Effective date: 27-10-2020
Welcome to illpeoplemusic.com. Ill People Productions Private Limited and its affiliates provide access to the illpeoplemusic.com website (the “website”) to you subject to the conditions set out on this page.
It is to be understood that the employees, officers, directors, shareholders, agents, representatives of illpeoplemusic.com, subsidiaries, advertising, promotion and fulfillment agencies, any entity controlling, controlled by or under common control with illpeoplemusic.com, any third-party providers or sources of information or data and legal advisers would collectively hereinafter referred to as “Affiliates”.
That illpeoplemusic.com provides for Beat Store for Hip-Hop/Pop/Other Related Genre Artists wherein you will have the option to buy the beats on the website and further you may also avail the service of Mixing and Mastering Hip-Hop/Pop/Other Related Genre Artists (as and when the same becomes available), hereinafter cumulatively referred to as the ‘Service’ provided by illpeoplemusic.com.
That ‘Products’ available for purchase on the ‘Beat Store’ of the website shall mean and include all kinds of Instrumental.
That ‘Licence Agreements’ shall include wav (Non-Exclusive), Wav Stems (Non-Exclusive) and Exclusive Rights Licences, which shall determine the right of usage of the Product and shall be entered into and between the purchaser and the producer of the instrumental.
For the purpose of these terms and conditions, the words used shall have the meaning which has been generally accepted in accordance with existing laws and technologies and agreements of like nature as the present.
Set forth below are the terms and conditions. As used herein, the term ‘you’ or ‘your’ refers to an individual, representing yourself or, if applicable, acting as legal representative for a group, business entity or corporation.
PLEASE READ THESE TERMS & CONDITIONS GOVERNING THE SERVICE CAREFULLY, WHICH MAY EXPAND OR CHANGE FROM TIME TO TIME. BY USING THE ILLPEOPLEMUSIC.COM WEBSITE, YOU SIGNIFY YOUR AGREEMENT TO BE BOUND BY THESE CONDITIONS.
It is agreed that from time to time illpeoplemusic.com may modify these Terms and Conditions in its sole discretion. When such modification is made, illpeoplemusic.com will post a revised version of these Terms and Conditions on the Website. Modifications will be effective when they are posted. It is understood that illpeoplemusic.com is not required to provide you with notification that any such modification has been made. It is your responsibility to review these Terms and Conditions from time to time to be aware of any such modifications. Each time you log on to the website, you will be deemed to have accepted any such modifications.
That the terms and conditions mentioned hereinafter, constitute an electronic record within the meaning of the applicable laws. This electronic record is generated by a computer system and does not require any physical or digital signatures.
- YOUR ACCOUNT
If you use the website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner. Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering. You can access and update much of the information you provided us with in the Your Account area of the website. You agree and acknowledge that you will use your account on the website to purchase products only for the use as elaborated in the Licence Agreements as available to you at the time of making purchase and in accordance with the laws pertaining Copyright laws prevailing in India. That illpeoplemusic.com reserves the right to refuse access to the website, terminate accounts, remove or edit content at any time without notice to you.
- OUR CONTRACT
Your order is an offer to us to buy the product which is subject to the acceptance by us.j When you place an order to purchase a product from us, you shall be required to fill billing details which shall contain your username, legal name, name of the entity (optional), residential or official address, phone number etc. and upon making the payment you will receive an e-mail confirming receipt of your order and containing the details of your order (the “Order Confirmation E-mail”) and that the instrumental as well as the Licence opted for shall be available for downloading. Further, illpeoplmusic.com provides you the facility on account Dashboard to view your recent orders, billing details etc.
- E-PLATFORM FOR COMMUNICATION
You agree, understand and acknowledge that the website is an online platform that enables you to purchase products listed on the website at the price indicated therein at any time from any location.
- ACCESS TO COM
We will do our utmost to ensure that availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction.
- LICENCE FOR WEBSITE ACCESS
Subject to your compliance with these Conditions of Use and payment of applicable fees, if any, Ill People Productions Private Limited grants you a limited licence to access and make personal use of this website, but not to modify it, or any portion of it, except with express written consent of Ill People Productions Private Limited and/or its affiliates, as may be applicable. This licence does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another seller; or any use of data mining, robots, or similar data gathering and extraction tools.
This website or any portion of this website (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without express written consent of Ill People Productions Private Limited and/or its affiliates, as may be applicable.
You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Illpeoplemusic.com and its affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing Ill People Productions Private Limited’s or its affiliates’ names or trademarks without the express written consent of Ill People Productions Private Limited and/or its affiliates, as applicable. Any unauthorized use terminates the permission or licence granted by Ill People Productions Private Limited and / or its affiliates, as applicable.
You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the Welcome page of Illpeoplemusic.com as long as the link does not portray Ill People Productions Private Limited, Illpeoplemusic.com, their affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Illpeoplemusic.com logo or other proprietary graphic or trademark as part of the link without express written consent of Ill People Productions Private Limited and/or its affiliates, as may be applicable.
- YOUR CONDUCT
You must not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way. You understand that you, and not Illpeoplemusic.com, are responsible for all electronic communications and content sent from your computer to us and you must use the website for lawful purposes only. You must not use the website for any of the following:
- for fraudulent purposes, or in connection with a criminal offense or other unlawful activity
- to send, use or reuse any material that does not belong to you; or is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging or in breach of copyright, trademark, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any “spam to cause annoyance, inconvenience or needless anxiety.
- REVIEWS, COMMENTS, COMMUNICATIONS AND OTHER CONTENT
Users of this website may post reviews, comments and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, as and when the same facility is available on the website and the user would be permitted to do so as long as the content is not illegal, obscene, abusive, threatening, defamatory invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” In the event a user uses a false e-mail address, impersonates any person or entity, or otherwise misleads as to the origin of any content. Illpeoplemusic.com reserves the right (but not the obligation) to remove, refuse, delete or edit any content that in the sole judgement of Illpeoplemusic.com violates these Conditions of use and, or terminate your permission to access or use this website.
You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to Ill People Productions Private Limited, including the execution of deeds and documents, at its request.
You represent and warrant that you own or otherwise control all of the rights to Ill People Productions Private Limited and the content that you post or that you otherwise provide on or through the website; that, as at the date that the content or material is submitted to Illpeoplemusic.com: (i) the content and material is accurate; (ii) use of the content and material you supply does not breach any applicable Illpeoplemusic.com policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory); (iii) the content is lawful. You agree to indemnify and its affiliates for all claims brought by a third party against it or its affiliates arising out of or in connection with a breach of any of these warranties.
- CLAIMS AGAINST OBJECTIONABLE CONTENT
Because Illpeoplemusic.com lists good number of products for sale offered by sellers on the website and hosts more than a hundred of comments, it is not possible for us to be aware of the contents of each product listed for sale, or each comment or review that is displayed. Accordingly, Illpeoplemusic.com operates on a “notice and takedown” basis. If you believe that any content on the website is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, (“Objectionable Content”), please notify us immediately by contacting us on firstname.lastname@example.org. Once this procedure has been followed, Illpeoplemusic.com will make all reasonable endeavours to remove such Objectionable Content complained about within a reasonable time.
- COPYRIGHT, AUTHORS’ RIGHTS AND DATABASE RIGHTS
All content included on the website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Ill People Productions Private Limited, its affiliates or its content suppliers and is protected by India and international copyright, authors’ rights and database right laws. The compilation of all content on this website is the exclusive property of Ill People Productions Private Limited and its affiliates and is protected by laws of India and international copyright and database right laws. All software used on this website is the property of Ill People Productions Private Limited, its affiliates and are protected by India and international copyright and author’ rights laws.
You may not systematically extract/or re-utilise parts of the contents of the website without Ill People Productions Private Limited and/ or its affiliate’s (as may be applicable) express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this website, without Ill People Productions Private Limited and/ or its affiliate’s (as may be applicable) express written consent. You may also not create and/ or publish your own database that features substantial (eg: prices and product listings) parts of this website without Ill People Productions Private Limited and/or its affiliate’s (as may be applicable) express written consent.
- INTELLECTUAL PROPERTY CLAIMS
Ill People Productions Private Limited and its affiliates respect the intellectual property of others. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, please contact us on email@example.com
ILLPEOPLEMUSIC.COM, India’s First Multi-Producer Beat Store, ILL PEOPLE MUSIC, illpeoplemusic.com logo, and other marks indicated on our website are trademarks or registered trademarks of illpeoplemusic.com, or its affiliates, in India and/or other jurisdictions. Illpeoplemusic.com’s graphics, logos, page headers, button icons, scripts and service names are the trademarks or trade dress of our website. Illpeoplemusic.com’s trademarks and trade dress may not be used in connection with any product or service that is not Illpeoplemusic.com’s, in any manner that is likely to cause confusion among buyers or in any manner that disparages or discredits Illpeoplemusic.com.
- USE OF THE ILL PEOPLE MUSIC SOFTWARE
You may use Ill People Music Software solely for purposes of enabling you to use and enjoy the Services as provided by the website, and as permitted by the Conditions of Use, these Ill People Music Software Terms and any Terms. You may not incorporate any portion of the Ill People Music Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-licence the Ill People Music Software or otherwise assign any rights to the Ill People Music Software in whole or in part. You may not use the Ill People Music Software for any illegal purpose. We may cease providing any Ill People Music Software and we may terminate your right to use any Ill People Music Software at any time. Your rights to use the Ill People Music Software will automatically terminate without notice from us if you fail to comply with any of these Ill People Music Software Terms, the Conditions of Use or any other Terms. Additional third party terms contained within or distributed with certain Ill People Music Software that are specifically identified in related documentation may apply to that Ill People Music Software (or software incorporated with the Ill People Music Software) and will govern the use of such software in the event of a conflict with these Conditions of Use. All software used in any Ill People Music Service is the property of Ill People Productions Private Limited and/or its affiliates or its software suppliers and protected by laws of India including but not limited to any other applicable copyright laws.
- USE OF THIRD PARTY SERVICES
- NO REVERSE ENGINEERING
You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the Ill People Music Software, whether in whole or in part, or create any derivative works from or of the Ill People Music Software.
In order to keep the Ill People Music Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.
The illpeoplemusic.com has placed various online payment gateways and the product files would become downloadable only when the payment is gone received and confirmed; However in case of any technical glitch where the payee doesn’t receive the payment and money is not debited from the payer’s account and the files become downloadable then you are responsible to make the payment. However, in case of stuck payments or money debited but transaction failed then the concerned gateways are to be contacted.
- REFUNDS & RETURN POLICIES
Illpeoplemusic.com does not offer refunds and Returns. If there are any issues with a service or an ordered item please contact Illpeoplemusic.com immediately, we aim to solve any issue amicably. It is made clear that you are not entitled to get any Refund and illpeoplemusic.com does not follow any cancellation policy as the product is readily available to listen and is downloaded after the payment.
You shall be responsible for payment of all fees/costs/charges associated with the purchase of products from us and you agree to bear any and all applicable taxes including but not limited to VAT/CST, service tax, GST, duties and cesses etc.
When you visit Illpeoplemusic.com, you are communicating with us electronically. You will be required to provide a valid phone number while placing an order with us. We may communicate with you by e-mail, SMS, phone call or by posting notices on the website or by any other mode of communication. For contractual purposes, you consent to receive communications including SMS, e-mails or phone calls from us with respect to your order.
That in the event of issue relating to the order placed or payment, the website provides you the facility to report any issue which in your opinion is pertinent to be reported in the ‘Feedback’. That illpeoplemusic.com shall not entertain any false and frivolous reporting of an issue or complaint.
- INDEMNITY AND RELEASE
You shall indemnify and hold harmless Ill People Productions Private Limited and its affiliates, from any claim or demand, or actions including reasonable attorney’s fees, made by any third party or penalty imposed due to or arising out of your breach of these Conditions of Use or any document incorporated by reference, or your violation of any law, rules and regulations. You hereby expressly release Ill People Productions Private Limited and/or its affiliates from any cost, damage, liability or other consequence of any of the actions/inactions of the vendors and specifically waiver any claims or demands that you may have in this behalf under any statute, contract or otherwise.
Use of Illpeoplemusic.com is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872. . If you are under the age of 18, you should review these terms and conditions with your parent or guardian to make sure that you and your parent or guardian understand these terms and conditions.
- OTHER BUSINESSES
Parties other than Ill People Productions Private Limited and its affiliates may operate stores, to sell product lines on Illpeoplemusic.com. For example, beat producers, artist etc. In addition, we provide links to the websites of affiliated companies and certain other businesses. Ill People Productions Private Limited does no