(Last modified: 07-03-2013)
PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS OF USE. BY USING THIS WEBSITE YOU INDICATE YOUR UNDERSTANDING AND ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS YOU MAY NOT USE THIS WEBSITE.
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
Welcome to Sonic Store. SONIC OCTAVES PVT. LTD. and/or its affiliates ("SONIC OCTAVES") provide website features to you subject to the following terms and conditions. If you visit or shop at http://store.sonicoctaves.com, you accept these terms and conditions. Please read them carefully. In addition, when you use any current or future SONIC OCTAVES service or business you also will be subject to the guidelines, terms and agreements ("Terms") applicable to such service or business. If these conditions are inconsistent with such Terms, the Terms will control.
Shipment and Return Policy:
Notification of Changes:
When you visit store.sonicoctaves.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site which shall be valid, proper and legal services to you for all purpose. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
INTELLECTUAL PROPERTY RIGHTS:
All contents and material included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, are the property of SONIC OCTAVES PRIVATE LIMITED or its content suppliers and protected by Indian and International copyright laws and conventions. The compilation of all content on this site is the exclusive property of SONIC OCTAVES PRIVATE LIMITED and protected by Indian and International copyright laws and conventions. All software used on this site is the property of SONIC OCTAVES PRIVATE LIMITED or its software suppliers and protected by Indian and International copyright laws and conventions.
SONIC OCTAVES PRIVATE LIMITED, SONIC OCTAVES, SONIC STORE, STORE.SONICOCTAVES.COM & Design, and other store.sonicoctaves.com graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of SONIC OCTAVES PRIVATE LIMITED in India and/or other countries. SONIC OCTAVES's trademarks and trade dress may not be used in connection with any product or service that is not SONIC OCTAVES's, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits SONIC OCTAVES PRIVATE LIMITED. All other trademarks not owned by SONIC OCTAVES PRIVATE LIMITED that appear on this site are the property of their respective owners, who may or may not be affiliated to, connected with, or sponsored by SONIC OCTAVES PRIVATE LIMITED.
(C)License and Site Access:
SONIC OCTAVES PRIVATE LIMITED grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express prior written consent of SONIC OCTAVES PRIVATE LIMITED. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express prior written consent of SONIC OCTAVES PRIVATE LIMITED. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of SONIC OCTAVES PRIVATE LIMITED without prior express written consent. You may not use any meta tags or any other "hidden text" utilizing SONIC OCTAVES's name or trademarks without the express written consent of SONIC OCTAVES PRIVATE LIMITED. Any unauthorized use terminates the permission or license granted by SONIC OCTAVES PRIVATE LIMITED. You may not use any SONIC OCTAVES PRIVATE LIMITED logo or other proprietary graphic or trademark as part of the link without prior express written permission.
Contents on the Website are provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. SONIC OCTAVES PRIVATE LIMITED reserves all rights not expressly granted herein to the Website and the Contents. You agree to not engage in the use, copying, or distribution of any of the Contents and Materials other than as expressly permitted herein, including any use, copying, or distribution of Contents of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Contents for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Contents or enforce limitations on use of the Website or the Contents therein. The Service is protected to the maximum extent permitted by copyright laws, other laws, and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, other laws, and International conventions. Any reproduction, modification, creation of derivative works from or redistribution of the Website, the Contents and Materials, or the collective work or compilation is expressly prohibited. Copying or reproducing the Website, the Contents or Materials, or any portion thereof to any other server or location for further reproduction or redistribution is expressly prohibited. You further agree not to reproduce, duplicate or copy Content or Materials from the Service, and agree to abide by any and all copyright notices and other notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service. SONIC OCTAVES PRIVATE LIMITED is a Trade/service mark registered with the Indian Patent and Trademark Office and in various other jurisdictions.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. SONIC OCTAVES PRIVATE LIMITED does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18 years of age, you are not allowed to deal with SONIC OCTAVES PRIVATE LIMITED and YOU MAY NOT USE THIS WEBSITE. However, a Parent or Guardian of the Minor (Minor is a living person who is below 18 years of age, as per Indian Laws by which the SONIC OCTAVES PRIVATE LIMITED are governed), may use store.sonicoctaves.com. SONIC OCTAVES PRIVATE LIMITED reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion at anytime.
NOTICE TO CHILDREN UNDER THE AGE OF 18 AND THEIR PARENTS OR GUARDIANS:
If you are under the age of 18, YOU MUST NOT USE THIS WEBSITE. Please do not send us your personal information, including your email addresses, name, and/or contact information. If you want to contact us, you may only do so through your parent or lawful guardian.
This Website is intended only for adults. Our services are not available to, and may not be used by, persons under the age of 18 years or to temporarily or indefinitely suspended SONIC OCTAVES’s members. If you are under 18 years old, you can use this service only in conjunction with and under the supervision of a parent or guardian. If you do not qualify, please do not use our services. You affirm that you are either more than 18 years of age, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.
Reviews, Comments, Communications and Other Content:
Visitors may post reviews, comments, photos, and other such permissible content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, 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." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. SONIC OCTAVES PRIVATE LIMITED reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant SONIC OCTAVES PRIVATE LIMITED a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant SONIC OCTAVES PRIVATE LIMITED and sub-licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify SONIC OCTAVES PRIVATE LIMITED for all claims resulting from content you supply. SONIC OCTAVES PRIVATE LIMITED has the right but not the obligation to monitor and edit or remove any activity or content. SONIC OCTAVES PRIVATE LIMITED takes no responsibility and assumes no liability for any content posted by you or any third party.
Any unauthorized commercial use of the Service, is expressly prohibited. The User agrees to abide by all applicable Local, National and International laws and regulations and is solely responsible for all acts or omissions that occur under its account or password, including the content of any transmissions through the Service. By way of example, and not as a limitation, You expressly agree not to post, email, transmit or otherwise make available Content or any part thereof:
(a) that violates any law including law of Land being India;
(b) that is harmful, abusive, unlawful, threatening, harassing, defamatory, pornographic, libelous, invasive of another's privacy or other rights, or harms or could harm minors in any way;
(c) Libel, defame or slander any person, or infringe upon any person's privacy rights;
(d) make any libelous or defamatory comments or postings to or against anyone;
(e) that is copyrighted or patented, protected by trade secret or trademark, or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission or a license from their rightful owner to post the material and to grant SONIC OCTAVES PRIVATE LIMITED all of the license rights granted herein;
(f) that infringes any of the foregoing intellectual property rights of any party, or its Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
(g) Transmit any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright or right of publicity;
(h) that harasses, degrades, intimidates or is hateful towards an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
(i) that violates any federal, state, or local equal employment laws, including but not limited to those prohibiting the stating, in any advertisement for employment, a preference or requirement based on race, color, religion, sex, national origin, age, or disability of the applicant;
(j) that includes personal or identifying information about another person without that person's explicit consent;
(k) that impersonates any person or entity, including, but not limited to, an OLX employee, or falsely states or otherwise misrepresents an affiliation with a person or entity;
(l) that is false, deceptive, misleading, deceitful, misinformative offer;
(m) that constitutes or contains "pyramid schemes," "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," or unsolicited advertisements of a commercial nature;
(n) that constitutes or contains any form of advertising or solicitation if (1) posted in areas or categories of the Website which are not designated for such purposes; or (2) e-mailed to SONIC OCTAVES PRIVATE LIMITED users who have requested not to be contacted about other services, products or commercial interests;
(o) that includes links to commercial services or Third Party Websites, except as specifically allowed by SONIC OCTAVES PRIVATE LIMITED;
(p) that advertises any illegal services or the sale of any items, the sale of which is prohibited or restricted by applicable law, including without limitation items the sale of which is prohibited or regulated by law of India;
(q) Transmit any material that contains viruses (including Software viruses), Trojan horses, worms, time bombs, cancel bots, or any other harmful or deleterious programs 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;
(r) that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Service or Website, or that otherwise negatively affects other users' ability to use the Service or Website; or
(s) that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
Additionally, you agree not to:
(t) contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose; or to "stalk" or otherwise harass anyone;
(u) collect personal data about other users or entities for commercial or unlawful purposes;
(v) use any automated device or software that enables the submission of automatic postings on SONIC OCTAVES PRIVATE LIMITED without human intervention or authorship (an "automated posting device"), including without limitation, the use of any such automated posting device in connection with bulk postings, or for automatic submission of postings at certain times or intervals;
(w) post Content that is outside the local area or not relevant to the local area, repeatedly post the same or similar Content, or otherwise impose unreasonable or disproportionately large loads on our servers and other infrastructure;
(x) post the same item or service in multiple classified categories or forums, or in multiple metropolitan areas;
(y) attempt to gain unauthorized access to computer systems owned or controlled by SONIC OCTAVES PRIVATE LIMITED or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the Website.
(z) use any form of automated device or computer program (sometimes referred to as "flagging tools") that enables the use of SONIC OCTAVES’s "flagging system" or other community control systems without each flag being manually entered by a human that initiates the flag (an "automated flagging device"), or use any such flagging tool to remove posts of competitors, other third parties or to remove posts without a reasonable good faith belief that the post being flagged violates these Terms or any applicable laws or regulations;
(aa) Harvest or otherwise collect information about others, including email addresses, without their consent;
(bb) Create a false identity mobile phone address or header, or otherwise attempt to mislead others as to the identity of the sender or the origin of the message;
(cc) Use the Service in connection with junk SMS messages, spamming or any unsolicited messages (commercial or otherwise);
(dd) Interfere with or disrupt networks connected to the Service or violate the regulations, policies or procedures of such networks;
(ee) Attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means;
(ff) Interfere with another User's use and enjoyment of the Service or another entity's use and enjoyment of similar services; or
(gg) Engage in any other activity that SONIC OCTAVES PRIVATE LIMITED believes could subject it to criminal liability or civil penalty or judgment.
Complaints about Intellectual Property Rights:
SONIC OCTAVES PRIVATE LIMITED respects the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright, trademark or patent infringement, please follow our Notice and Procedure for Making Claims of Infringement.
You understand that when using the Website, you will be exposed to Content from a variety of sources, and that SONIC OCTAVES PRIVATE LIMITED is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content, and you agree and assume all liability for your use. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, defamatory or libelous and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against SONIC OCTAVES PRIVATE LIMITED with respect thereto.
Risk of Loss:
SONIC OCTAVES PRIVATE LIMITED attempts to be as accurate as possible. However, SONIC OCTAVES does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by SONIC OCTAVES PRIVATE LIMITED itself is not as described, your sole remedy is to return it in unused condition. In all scenarios the total liability of SONIC OCTAVES PRIVATE LIMITED would not travel beyond the amount of the products or services sought to be availed by you and thus the liability of SONIC OCTAVES PRIVATE LIMITED is restricted to such amount of products or services only and not afar.
Except where noted otherwise, the List Price displayed for products on our website represents the maximum retail price (may subject to local taxes extra) listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the retail value for a comparably featured item offered elsewhere. The applicable taxes including service tax, VAT, and other taxes shall be charged extra over and above the List Price. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price may represent “open-stock” prices, which mean the aggregate of the manufacturer's estimated or suggested retail price for each of the items included in the set. Where an item is offered for sale by one of our merchants, the List Price may be provided by the merchant.
With respect to items sold by SONIC OCTAVES PRIVATE LIMITED, we cannot confirm the price of an item until you order; Despite our best efforts, a small number of the items in our catalog may not be aptly priced. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
Please note that this policy applies only to products sold and shipped by SONIC OCTAVES PRIVATE LIMITED and other manufacturers/third party sellers mentioned in the site. Your purchases from third-party sellers are charged at the time you place your order with them, and third-party sellers may follow different policies in the event of item not aptly priced by them for which SONIC OCTAVES PRIVATE LIMITED shall not be responsible in any manner whatsoever.
You agree to defend, indemnify and hold harmless SONIC OCTAVES PRIVATE LIMITED, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, Third Parties, service providers, suppliers and employees, and/or any of its representatives from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to Advocates’ or attorneys' fees) arising from: (i) your use of and access to the Website and/or the Service; (ii) your violation of any term of these Terms; (iii) your violation of any third party rights, including without limitation any copyrights, trademarks, trade secret or other property, or privacy rights; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive termination, modification or expiration of these Terms and your use of the Service and the Website.
NO SPAM POLICY:
You understand and agree that sending unsolicited email advertisements or other unsolicited communications to SONIC OCTAVES PRIVATE LIMITED email addresses or through SONIC OCTAVES PRIVATE LIMITED computer systems are expressly prohibited by these Terms. You acknowledge and agree that from time to time SONIC OCTAVES PRIVATE LIMITED may monitor email usage using human monitors or automated software to flag certain words associated with spam or scams in emails that are sent between one user to another in the SONIC OCTAVES PRIVATE LIMITED email system. Any communication between yourself and any other user utilizing the communication features available on the Service and the Website may be used only in accordance with the Terms. Any unauthorized use of SONIC OCTAVES PRIVATE LIMITED computer systems is a violation of these Terms and certain central and State laws. Such violations may subject the sender and his or her or their agents to civil and criminal penalties for which SONIC OCTAVES PRIVATE LIMITED, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, Third Party service providers, service providers, suppliers and employees, and/or its any representatives shall not be liable in any way whatsoever.
PARTING AND SHARING OF ANY DATA OR INFORMATION:
When required by lawful order, SONIC OCTAVES PRIVATE LIMITED shall provide information or any such assistance to Government Agencies who are lawfully authorised for investigative, protective, cyber security activity. The information or any such assistance shall be provided for the purpose of verification of identity, or for prevention, detection, investigation, prosecution, cyber security incidents and punishment of offences under any law/s in force, on a request in writing staling clearly the purpose of seeking such information or any such assistance.
Parties other than SONIC OCTAVES PRIVATE LIMITED operate stores, provide services, or sell product lines on this website. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible in any way for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Websites. SONIC OCTAVES PRIVATE LIMITED does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their policies, privacy statements and other terms and conditions of use etc.
LIMITATION AND TERMINATION OF SERVICE:
You acknowledge and agree that SONIC OCTAVES PRIVATE LIMITED may establish limits from time to time concerning use of the Service, including among others, the maximum number of days that Content will be maintained or retained by the Service, the maximum number and size of postings, e-mail messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service or the Website. You acknowledge and agree that SONIC OCTAVES PRIVATE LIMITED has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Website or the Service. You acknowledge and agree that SONIC OCTAVES PRIVATE LIMITED reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that SONIC OCTAVES PRIVATE LIMITED shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Service. You acknowledge and agree that SONIC OCTAVES PRIVATE LIMITED, in its sole and absolute discretion, has the right (but not the obligation) to delete or deactivate your account, block your e-mail or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason or no reason at all, including, without limitation, if SONIC OCTAVES PRIVATE LIMITED believes that you have violated these Terms. Further, you agree that SONIC OCTAVES PRIVATE LIMITED shall not be liable to you or any third-party for any termination of your access to the Website or the Service. Further, you agree not to attempt to use the Service after any such termination.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY:
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY SONIC OCTAVES PRIVATE LIMITED ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. SONIC OCTAVES PRIVATE LIMITED MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
SONIC OCTAVES PRIVATE LIMITED (INCLUDING ITS DIRECTORS, EMPLOYEES, SUPPLIERS, INTERNET SERVICE PROVIDE RS, PARTNERS, AFFILIATES AND AGENTS) SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS OR LIABILITY OF ANY NATURE INCURRED BY WHOMEVER AND RESULTING FROM USE OF THE SERVICE AND THE INTERNET GENERALLY, ACCESS TO THE SONIC OCTAVES’s WEBSITE, ACCESS TO WEBSITES LINKED TO SONIC OCTAVES’s WEBSITE, INABILITY TO ACCESS THE SONIC OCTAVES’s WEBSITE; INABILITY TO ACCESS WEBSITES LINKED TO THE SONIC OCTAVES’s WEBSITE, CONTENT AVAILABLE ON THE SONIC OCTAVES‘s WEBSITE, SERVICES AVAILABLE FROM THE SONIC OCTAVES’s WEBSITE, PRODUCTS AVAILABLE FROM THE SONIC OCTAVES’s WEBSITE, DOWNLOADS AND USE OF CONTENT FROM THE SONIC OCTAVES’s WEBSITE, AND/OR ANY OTHER REASON NOT DIRECTLY RELATED TO SONIC OCTAVES’s GROSS NEGLIGENCE AND THE USER EXPRESSLY ACKNOWLEDGES AND AGREES THAT IS AT ITS OWN RISK. SONIC OCTAVES PRIVATE LIMITED WILL USE COMMERCIALLY REASONABLE EFFORTS TO MAKE ACCESS TO SONIC OCTAVES’s website AVAILABLE TO THE USER THROUGH THE REQUIRED ACCESS PROTOCOLS, BUT MAKES NO WARRANTY OR GUARANTEE THAT THE USER WILL BE ABLE TO ACCESS SONIC OCTAVES’s website AT ANY PARTICULAR TIME OR ANY PARTICULAR LOCATION.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SONIC OCTAVES PRIVATE LIMITED DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SONIC OCTAVES PRIVATE LIMITED DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM SONIC OCTAVES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SONIC OCTAVES PRIVATE LIMITED WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
Information, ideas and opinions expressed on the SONIC OCTAVES website should not be regarded as professional advice or the official opinion of SONIC OCTAVES PRIVATE LIMITED, and you are encouraged to consult professional advice before taking any course of action related to the information, ideas or opinions expressed on the SONIC OCTAVES website.
POSTINGS ON THE WEBSITE TO BE CHARGED
SONIC OCTAVES PRIVATE LIMITED may charge a fee to post Content in some areas of the Service. The fee permits certain Content to be posted in a designated area of the Website. Each party posting Content to the Service is responsible for said Content and compliance with the Terms. Any such fees paid hereunder are non-refundable in the event any Content is removed from the Service for violating these Terms.
Featured ADVERTISEMENTS are subject to the Terms listed herein, as well as additional terms of service, which can be viewed here i.e. www.________________________
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by SONIC OCTAVES PRIVATE LIMITED without restriction. Any assignment or transfer by you shall be null and void.
By your visit to store.sonicoctaves.com or to products or services sold or distributed by SONIC OCTAVES PRIVATE LIMITED or through store.sonicoctaves.com, you agree that the laws of the government of India under the jurisdiction of city of Mumbai in the state of Maharashtra, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and SONIC OCTAVES PRIVATE LIMITED.
Any dispute relating in any way to your visit to store.sonicoctaves.com or to products or services sold or distributed by SONIC OCTAVES PRIVATE LIMITED or through store.sonicoctaves.com for relief sought on behalf of one or more parties shall be adjudicated in Hon’ble Court or Forums in Mumbai Maharashtra-India, and you consent to exclusive jurisdiction of Mumbai only and venue in such Courts or Forums. Any disputes regarding your privacy are subject to the Terms, including but not limited to any provisions related to indemnification, limitations on damages, and choice of law.
Site Policies, Modifications and Severability:
Please review our other policies, posted on this website. These policies also govern your visit to store.sonicoctaves.com. We reserve the right to make changes to our site, policies, and these Terms and Conditions of Use at any time. If any of these terms and conditions shall be deemed invalid, void, or for any reason unenforceable, that term and condition shall be deemed severable and shall not affect the validity and enforceability of any remaining terms and conditions.
Pannalal Ghosh Marg,
Somwar Bazar, Malad (West),
Mumbai, Maharashtra 400064, India.
Phone: +91 93232 27277.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF INFRINGEMENT:
If you believe that your work has been infringed in a way that constitutes infringement of Intellectual Property Rights, please provide Sonic Octaves's infringement agent the written information specified below. Please note that this procedure is exclusively for notifying Sonic Octaves Private Limited that your Intellectual Property material has been infringed.
· An electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
· A description of the Intellectual Property including copyrighted work that you claim has been infringed upon, or, if multiple Intellectual Property including copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
· Identification and description of where 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 permit SONIC OCTAVES PRIVATE LIMITED to locate the material including all related details, if applicable;
· Your address, telephone number, and e-mail address;
· A statement by you that you have a good-faith belief that the disputed use is not authorized by the Intellectual Property including copyright owner, its agent, or the law;
· A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the Intellectual Property including copyright owner or authorized to act on the Intellectual Property including copyright owner's behalf.
Sonic Octaves's infringement Agent for notice of claims of infringement on its website can be reached as follows:
SONIC OCTAVES PRIVATE LIMITED:
Pannalal Ghosh Marg,
Somwar Bazar, Malad (West),
Mumbai, Maharashtra 400064, India.
You acknowledge that if you fail to comply with all of the requirements of this section, your notice may not valid.
VIOLATION OF TERMS AND LIQUIDATED DAMAGES:
Please report any violations of the Terms that you become aware of by contacting us using the link of the SONIC OCTAVES homepage. Any failure to act by SONIC OCTAVES PRIVATE LIMITED with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches by you or others. You understand and agree that, because damages are often difficult or impossible to quantify, if actual damages cannot be reasonably calculated then you will be liable to pay SONIC OCTAVES PRIVATE LIMITED the following as liquidated damages (and not a penalty):
(a) If SONIC OCTAVES PRIVATE LIMITED establishes any limits on the frequency with which you may access the Service, or terminates your access to or use of the Service, you agree to pay SONIC OCTAVES PRIVATE LIMITED Rupees One Lack(Rs.1,00,000/-) for (i) each message posted in excess of such limits or (ii) for each day on which you access SONIC OCTAVES PRIVATE LIMITED in excess of such limits, whichever is higher.
(b) If you post a message that (1) impersonates any person or entity; (2) falsely states or otherwise misrepresents your affiliation with a person or entity; or (3) that includes personal or identifying information about another person without that person's explicit consent, you agree that SONIC OCTAVES PRIVATE LIMITED in its sole discretion may disclose identifying information about you to the victim, and that should SONIC OCTAVES PRIVATE LIMITED bring a claim against you in Court, that you will pay SONIC OCTAVES PRIVATE LIMITED One Crores(Rs.1,00,00,000/-for each such message.
(c) If you are a Posting Agent that uses the Service in violation of these Terms, in addition to any liquidated damages under clause(e) below you agree to pay SONIC OCTAVES PRIVATE LIMITED One Crores(Rs.1,00,00,000/-for each and every item you post in violation of these Terms. A Posting Agent will also be deemed an agent of the party engaging the Posting Agent to access the Service, and such party (by engaging the Posting Agent in violation of these Terms) agrees to pay SONIC OCTAVES PRIVATE LIMITED an One Crores(Rs.1,00,00,000/-for each item posted by the Posting Agent on behalf of such party in violation of these Terms.
(d) If you use SONIC OCTAVES PRIVATE LIMITED e-mail addresses or computer systems to send unsolicited e-mail advertisements to SONIC OCTAVES PRIVATE LIMITED e-mail addresses or any other party, you agree to pay SONIC OCTAVES PRIVATE LIMITED One Crores(Rs.1,00,00,000/- for each such e-mail.
(e) If you post messages in violation of these Terms, other than as described above, you agree to pay SONIC OCTAVES PRIVATE LIMITED One Crores(Rs.1,00,00,000/- for each such message. Notwithstanding the foregoing, SONIC OCTAVES PRIVATE LIMITED may, in its sole and absolute discretion, issue a warning before assessing damages pursuant to this clause(e).
(f) If you aggregate, copy, display, mirror, reproduce, or otherwise exploit for any purpose any Content (except for your own Content) in violation of these Terms without SONIC OCTAVES’s express written permission, you agree to pay SONIC OCTAVES PRIVATE LIMITED One Crores(Rs.1,00,00,000/-for each day on which you engage in such conduct.
If none of the foregoing clauses (a) to (f) are applicable, you agree to pay SONIC OCTAVES’s actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these Terms, SONIC OCTAVES PRIVATE LIMITED retains the right to seek equitable remedies, including without limitation, specific performance of any term contained in these Terms, or a preliminary or permanent injunction against the breach or threatened breach of any such term or in aid of the exercise of any power granted in these Terms, or any combination thereof, without the necessity of posting a bond.
These Terms and the other policies posted on the Website constitute the complete and exclusive understanding and agreement between you and SONIC OCTAVES PRIVATE LIMITED and govern your use of the Service and the Website superseding all prior understandings, proposals, agreements, negotiations, and discussions between the parties, whether written or oral. The Terms and the relationship between you and SONIC OCTAVES PRIVATE LIMITED shall be governed by the laws of the State of Mumbai, Maharashtra without regard to its conflict of law principles. You and SONIC OCTAVES PRIVATE LIMITED agree to submit to the personal and exclusive jurisdiction of the Courts located within the State of Mumbai, Maharahstra. The failure of SONIC OCTAVES PRIVATE LIMITED to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a Court of competent jurisdiction to be invalid (including, without limitation, because such provision is inconsistent with the laws of another jurisdiction) or inapplicable, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision. If any provision or provisions of these Terms is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of the Terms shall not in any way be affected or be impaired. YOU AGREE THAT ANY CAUSE OF ACTION BROUGHT BY YOU AND ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE AND/OR THE WEBSITE MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES, EXCEPT THAT SONIC OCTAVES PRIVATE LIMITED MAY COMMENCE ANY SUCH CAUSE OF ACTION IN ACCORDANCE WITH THE APPLICABLE STATUTE OF LIMITATIONS UNDER INDIAN LAW. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. These Terms shall insure to the benefit of and be binding upon each party’s successors and assigns.