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Terms of use

THIS DOCUMENT IS PUBLISHED IN COMPLIANCE OF AND SHALL BE GOVERNED BY INDIAN LAW, INCLUDING BUT NOT LIMITED TO (I) THE INDIAN CONTRACT ACT, 1872; (II) THE INFORMATION TECHNOLOGY ACT, 2000, THE RULES, REGULATIONS, GUIDELINES AND CLARIFICATIONS FRAMED THEREUNDER INCLUDING THE INFORMATION TECHNOLOGY (REASONABLE SECURITY PRACTICES AND PROCEDURES AND SENSITIVE PERSONAL INFORMATION) RULES, 2011, AND THE PROVISIONS OF RULE 3 (1) OF THE INFORMATION TECHNOLOGY (INTERMEDIARIES GUIDELINES) RULES, 2011; THIS DOCUMENT IS AN ELECTRONIC RECORD IN THE FORM OF AN ELECTRONIC CONTRACT FORMED UNDER INFORMATION TECHNOLOGY ACT, 2000 AND RULES MADE THEREUNDER AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC DOCUMENTS / RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THIS AGREEMENT DOES NOT REQUIRE ANY PHYSICAL, ELECTRONIC OR DIGITAL SIGNATURE. THIS AGREEMENT IS A LEGALLY BINDING DOCUMENT BETWEEN YOU AND US (BOTH TERMS DEFINED BELOW) This AGREEMENT DESCRIBES THE TERMS AND CONDITIONS APPLICABLE TO YOUR USE OF SERVICES AVAILABLE UNDER THE MOBILE SITE , MOBILE APPLICATION, DESKTOP SITE, DOMAIN AND SUB-DOMAIN OF MEHFIL MASTEE (“website”). THE TERMS OF THIS DOCUMENT WILL BE EFFECTIVE UPON YOUR ACCEPTANCE OF THE SAME (IN ELECTRONIC FORM OR BY MEANS OF AN ELECTRONIC RECORD OR OTHER MEANS) AND WILL GOVERN THE RELATIONSHIP BETWEEN YOU AND MEHFIL MASTEE FOR THE USE OF SERVICES (DEFINED BELOW). IF ANY TERMS OF THIS DOCUMENT CONFLICT WITH ANY OTHER DOCUMENT/ELECTRONIC RECORD IN THIS BEHALF, THE TERMS AND CONDITIONS OF THIS AGREEMENT SHALL PREVAIL, UNTIL FURTHER CHANGE / MODIFICATIONS ARE NOTIFIED BY MEHFIL MASTEE. This agreement is between Mehfil Mastee, and users of Mehfil Mastee’s products, services, and websites.

Your Acceptance

By agreeing to these Terms and Conditions, You represent the following:

By installing, using, or accessing Mehfil Mastee’s products, services, or websites (collectively the "Service") you agree to accept by these terms and conditions (the "Terms of Service"), and incorporated herein by reference.

Even though Mehfil Mastee may try to notify you about the major changes made to the Terms and Conditions, You should occasionally review the most current version at www.MehfilMastee.com/termsofservice. Mehfil Mastee may, in its sole choice of time, modify or revise the

Terms and condition, and you agree to be certain by such modifications or revisions. Also, without limitation to any rights, we explicitly reserve the right do the following at any time:

ABILITY TO ACCEPT TERMS OF SERVICE

With these terms and conditions, you agree to be either older than 13 years, boundless minor or have legal parental or guardian consent and you are capable to enter and comply to these obligations and affirmations set in this Terms and Conditions

GENERAL USE OF THE SERVICE

Mehfil Mastee permits you to access and use the Services of Mehfil Mastee as proposed in the Terms and Conditions, so long as that:

Mehfil Mastee reserves the right to terminate any aspect of the Service at any time.

MEHFIL MASTEE ACCOUNTS

Despite the fact that you can visit the site, post information, and access definite material without registering, it might become necessary to register to access other material or information on the site. Also, you agree to provide us with accurate, complete, and updated information during registration. Information provided by you while registering will be safeguard by us as mentioned in the terms of our Privacy Policy.

During registration, you will be given access to certain services and materials with your username and password unless it is revoked by us for some reason.

You must protect your account password as any activity that occurs on your account will be your concern. You agree to be responsible for and to protect, defend and hold Mehfil Mastee and people connected harmless form any injury or damage that was incurred on your account due to unauthorized use of your login and password. In case of any breach or unauthorized use of account, you must notify Mehfil Mastee immediately.

Mehfil Mastee will not be responsible for any losses occurred to you or your account due to unauthorized use and we will not modify any information on your account without consulting you.

Note: Mehfil Mastee has the unequivocal right (not an obligation) to suspend or remove any Vendor or Artist if any of the terms and conditions are broken.

YOUR USE OF CONTENT

All the content on Mehfil Mastee, which includes trademarks, service marks, logo are owned and licensed by Mehfil Mastee. These are subject to copyright and other intellectual property rights under the law.

The content for your personal use can be accessed solely as you intend and through the functionality provided and permitted under this Terms and conditions. You shall not distribute, sell, copy, license or exploit the content for any other purposes without asking for prior consent from Mehfil Mastee or respective Licensors of the Content. Mehfil Mastee and its licensors reserve all rights of not expressly allow in and to the Service and the Content. You agree not to outwit, disable or interfere any security related features or features that may restrict or prevent the use of any Content or put in force any limitations on the use of Mehfil Mastee.

You understand and accept that you may be exposed to any content that might be inaccurate, offensive, or objectionable and also agree to bypass any legal or equitable rights or remedies you may have against Mehfil Mastee and to the extent permitted by applicable law, agree to underwrite and hold harmless Mehfil Mastee and people related to Mehfil Mastee to the fullest extent allowed by law regarding all matters related to your use of the Service.

YOUR CONTENT; LICENSE TO Mehfil Mastee

As a Mehfil Mastee account holder, you agree that Mehfil Mastee does not guarantee any confidentiality with respect to any of the content you submit to the service. You take whole and sole responsibility of your content and the consequences of submitting your content. You confirm and warrant that you all the necessary rights permission to publish the content and forward the license to Mehfil Mastee all the trademark, patent, copyright or any other to such content.

You have all the ownership rights in your content. However, by submitting Content to Mehfil Mastee, You hereby grant Mehfil Mastee a worldwide, non-exclusive, royalty-free, sublicense able and transferable license to use, reproduce, monetize, distribute, modify, prepare derivative works of, display, and perform the Content in connection with the Service and Mehfil Mastee's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels.

As a member of the site, you also authorize Mehfil Mastee to use and promote the recordings you have uploaded on the site or app which might include users, in any manner Mehfil Mastee or the promoters seems fit.

You can remove your content at any time without a prior notice, but you agree that Mehfil Mastee may hold, but not display or distribute server copies of your content you delete or removed.

You also agree that the content you submit will not be copyrighted by third party or the material is not subjected to any third party proprietary rights, unless you have permission form the rightful owner or you have legal authorization to post the material and you grant all the licenses right to Mehfil Mastee.

Mehfil Mastee expressly refutes all liability in connection with the content. Mehfil Mastee does not allow any copyright infringement or violation of any intellectual property rights on the site. Mehfil Mastee will take away all content that infringes other’s intellectual property rights, if properly notified. Mehfil Mastee has all the rights to remove content without any prior notice.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR OTHER INTELLECTUAL PROPERTY INFRINGEMENTS

If you any intellectual property or are an agent to the same and you believe that any of the content on the site intrude on any rights that you own or represent, the you can submit a notification to claim the infringement and Mehfil Mastee will respond accordingly .

COMMUNITY GUIDELINES

You will be perpetually banned from the site, if you are found practicing the following

You will also be banned if you perform any other action that Mehfil Mastee decides to be harmful to the website or people who use the service or is a violation to any applicable law.

TERMS OF SERVICE - ARTIST'S SERVICES

You and Mehfil Mastee are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

Any artist who has registered or takes help of the site to trade his talent or performance of art agrees to the following:

Artist represents and warrants that he:

Cancellation Policy

Apart from the above, Mehfil Mastee has all the rights to document and upload photos, videos, testimonies, interviews of the artist’s performance on the website to display and promote the artist’s work and which will also help to generate more bookings for the artist.

Copyrights of the work will be conjointly owned by the artist and Mehfil Mastee. The artist agrees to take sole responsibility of the content which will be passed on, posted and distributed by the artist via Mehfil Mastee. When the artist post the content, they guarantee that they have all the rights to the content. Mehfil Mastee does not claim any proprietorship to such content made available. Mehfil Mastee needs a limited license to allow us to host, display, organize and broadcast the artist’s work.

The artist agrees that Mehfil Mastee will preserve any content posted by them and also disclose the content is necessary to do so by law or in good faith that this disclosure is necessary: (a) to comply with legal process; (b) to enforce these terms and conditions; (c) to respond to claims that any Content violates the rights of third-parties; (d) to protect the rights, property, or personal safety of Mehfil Mastee its users or the public; or (e) to promote, online and offline PR of Your work to potential Customers in order to generate more work bookings for You.

ACCOUNT TERMINATION POLICY

Mehfil Mastee can terminate a user’s access to the service, if under certain circumstances, the user has infringed any of the Terms and Conditions.

Mehfil Mastee has the right to decide whether the content violates any terms and conditions apart from copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length. Mehfil Mastee may at any time, without prior notice and in its sole discretion, remove such content and/or dismiss a user's account for submitting such material that violates the Terms and Conditions.

LICENSES AND STATUTORY COMPLIANCES

The client agree to be responsible for obtaining all the licenses, permits, consents and approvals for hosting the event/performance and also shall be responsible to obtain all the legal compliances related to the event at the client’s own cost.

If due to any circumstance, Mehfil Mastee is compelled or obliged to bear any statutory, regulatory, industry association, trade body, etc. imposed royalty, levy, commission, charge, etc. of whatsoever reason, the same shall be additionally reimbursed and covered by the Client on demand by Mehfil Mastee.

The client also agrees that Mehfil Mastee is a platform that bridges the Artist and client gap and not an event hosting organization. Mehfil Mastee is not responsible for any non-compliance of rules and regulations on the event.

COPYRIGHT CLAIMS

Mehfil Mastee respects the intellectual property of others, and we ask our Users to do the same. If you catch up that your work is being used in a way that infringes your copyright, please provide Mehfil Mastee with the following documents: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Website; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Mehfil Mastee’ Copyright Agent for Notice of claims of copyright infringement can be reached as follows: by mail: support@MehfilMastee.com

REVIEWS AND COMMENTS

Anything submitted on the website, including ideas, how-to, techniques, questions, suggestions, and comments will be treated as non-confidential and nonproprietary, and Mehfil Mastee shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become the sole and exclusive property of Mehfil Mastee and shall not be reimbursed to you.

You guarantee that you own control of rights to the comments and reviews you post on the site and these reviews and comments does not infringe any rights of any third party. You shall not mislead Mehfil Mastee or third parties with the use of false email address and pretend to be somebody else while any submissions or content added to the website.

VIRTUAL CURRENCY POLICY

When you earn virtual currency within the site, it is credited in your customer account and Mehfil Mastee gives you license to use this virtual currency. Thus, you have no property ownership and rights to this virtual currency and it shall be forever owned by Mehfil Mastee. You can only redeem this currency to purchase goods and services within the site. The amount you redeem will be deducted from your total virtual currency.

Virtual currency is not redeemable in exchange of cash, except as required by applicable law. Your customer account or unused balance is not transferable or cannot be sold. Similarly, you cannot give, trade, sell or even attempt to sell you virtual currency for “real” money or in exchange of item or services outside the site. Any attempt to sale, transfer a gift is prohibited and will result to termination of your virtual account. Mehfil Mastee preserves the right to suspend, terminate or revoke your virtual currency account and its use at any time in discretion, with or without any prior warning, subject to applicable law. Mehfil Mastee also has the right to terminate your account and its virtual currency if the account has been inactive for 180 days.

FARMING OF CUSTOMER LEAD

The act of 'farming' out Customer leads is not legitimate. Mehfil Mastee defines 'farming' out of Customer leads as "to give up to another on condition of receiving in return a fixed sum", meaning – Vendors/Artists are strictly prohibited from taking Customer leads provided to them and transferring these Customer leads to non-Mehfil Mastee Vendors and entities. A Customer lead can is used only and only when the artist receives the Customer Lead from Mehfil Mastee. If a vendor or artist is discovered farming out customer leads, Mehfil Mastee has the right to temporarily interrupt services or permanently eliminate the vendor or artist from the website and terminate his registration.

MEMBERSHIPS WHICH DISSOLVE DUE TO BREAKUPS OR OTHER MITIGATING CIRCUMSTANCES.

If a vendor’s or artist’s solo act (with an agent listed as the contact person on the solo act's account), duo, trio, quartet, quintet, or band breaks up, Mehfil Mastee can keep the registration active, transfer or terminate as deem fit, unless applicable law dictates to the contrary. In addition to this, Mehfil Mastee reserves the right to keep, transfer or terminate customer reviews attached to the profile as deems fit to Mehfil Mastee, unless law dictates to contrary.

General rules to be followed in event of break up:

WARRANTY DISCLAIMER

YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, MEHFIL MASTEE ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. MEHFIL MASTEE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF MEHFIL MASTEE’S SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT MADE AVAILABLE VIA THE SERVICE. MEHFIL MASTEE DOES NOT ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND MEHFIL MASTEE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

LIMITATION OF LIABILITY

IN NO EVENT SHALL MEHFIL MASTEE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF MEHFIL MASTEE’S SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT MADE AVAILABLE VIA THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT YOU ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT MEHFIL MASTEE SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

Mehfil Mastee makes no claims that the site is appropriate or available for locations other than India. Those who wish to access and use the site from other locations can do so at their own risk and will be responsible to obey the local law.

INDEMNITY

To the extent permitted by applicable law, You agree to defend, protect and hold harmless to Mehfil Mastee, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of the Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive the Terms of Service and your use of the Service.

ADVERTISING MATERIAL

Part of the website is dedicated to advertisements and promotional material which is being submitted to Mehfil Mastee by third party clients. Responsibility for ensuring that material submitted for inclusion on Website complies with applicable International and National law is exclusively on the party providing the information/material. Mehfil Mastee will not be held responsible for any claim, error or inaccuracy in the advertising material provided to Mehfil Mastee or to any loss or damage that incurred as a consequence of any such dealings or presence of any such advertisers on site.

ASSIGNMENT

The Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by Mehfil Mastee without restriction.

FORCE MAJEURE

If performance of any service or obligation under this Agreement by Mehfil Mastee is prevented, restricted, delayed or interfered with by reason of labor disputes, strikes, acts of God, floods, lightning, severe weather, shortages of materials, rationing, utility or communication failures, earthquakes, war, revolution, acts of terrorism, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government, or any other act whatsoever, whether similar or dissimilar to those referred to in this clause, which are beyond the reasonable control of Mehfil Mastee or its third parties performing such services as sub-contractor to Mehfil Mastee and could not have been prevented by reasonable precautions (each, a "Force Majeure Event"), then Mehfil Mastee shall be excused from such performance to the extent of and during the period of such Force Majeure Event. Mehfil Mastee shall exercise all reasonable commercial efforts to continue to perform its obligations hereunder.

GENERAL

Mehfil Mastee has the right to amend the Terms and Conditions of the site at any time without notice. It is your concern to review the Terms and Conditions for any changes. Your use of the site after any changes made will imply your acceptance to its revised terms.

You agree to defend, indemnify and hold Mehfil Mastee, and its affiliates and their respective officers, directors, agents and employees, harmless from and against any claims, actions, demands, liabilities, judgments, and settlements, including without limitation, reasonable legal fees resulting from or alleged to result from breach of Your representations, warranties, or obligations set forth in these Terms and Conditions; or any actual or alleged infringement, misappropriation or violation of any third-party rights or applicable law by Your trademarks used in connection with the or using the Website and/or Service; or any transaction by You through the Website and/or Service.

YOU AND MEHFIL MASTEE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

In compliance with Information Technology Act, 2000 and the rules made thereunder, the Grievance Officer of Mehfil Mastee for the purpose of this Agreement shall be: (Contact details)

Mehfil Mastee may change the above-mentioned details from time to time under warning to you.