Terms of Use

The following terms and conditions (the “Terms of Use”) govern your use of the websites, digital applications, channels, pages and services in all media to which these Terms of Use are linked or contain the URL for these Terms of Use, and which are operated by Other Side Ventures Private Limited under a license from Billboard Media LLC, a subsidiary of Penske Media Corporation (“Billboard India,” “we” and “us”) (collectively, the “Services”). This includes all subdomains of our websites and any content, code, data, services, features or functionality made available from or through the Services. Certain third-party subscription pages and other third-party sites or apps where we post these Terms of Use and collect information or otherwise provide Billboard India information or services are considered “Services” when linked to these Terms of Use, but these Terms of Use do not otherwise apply to other activities on the third-party website(s).

We may change the Terms of Use from time to time, at any time without notice to you, by posting such changes on the Services. Changes in the Terms of Use will be effective when posted and your continued use of the Services and/or the services made available on or through the Services after any changes to the Terms of Use are posted will be considered acceptance of those changes. BY USING THE SERVICES, YOU ACCEPT AND AGREE TO THESE TERMS OF USE AS APPLIED TO YOUR USE OF THE SERVICES, AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY AND CAPACITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT. If you do not agree to these Terms of Use, you may not access or otherwise use the Services.

USE OF THE SERVICES

You must be at least 18 years of age in order to use the Services.

For the purpose of these Terms of Use, “Content” shall mean all content, information and material, including software, technology, text, links, posts, messages, emails, music, sound, graphics, pictures, video, games and all audio-visual or other material available on or through the Services, whether posted, uploaded, transmitted, sent or otherwise made available by Billboard India, its licensors, vendors, and/or providers, or by you, and/or other users or third parties.

You may access and view the content on the Services on your computer or other devices and, unless otherwise indicated in these Terms of Use or on the Services, make single copies or prints of such content for your personal, internal use only. Use of the Services and the services offered on or through the Services are only for your personal, non-commercial use. Further, with respect to our subscriptions, each account is for a single user only. You are responsible for activity that occurs through your account. To maintain control over the account and prevent anyone from accessing the account (which could include information on viewing history for the account), you should maintain control over the devices that are used to access the service and not reveal the password or details of the payment method associated to the account to anyone. You are not allowed to share your account login credentials or give your login credentials to anyone else. we may cancel or suspend access to your account if in our sole determination it is being accessed by multiple users.

PROHIBITED USE AND CONDUCT

Any commercial or promotional distribution, publishing or exploitation of the Services is strictly prohibited unless you have received the express prior written permission from authorized personnel of Billboard India or the otherwise applicable rights holder. Other than as expressly allowed herein, you may not download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell or otherwise exploit the Services. You further agree that you may not alter, edit, delete, remove, otherwise change the meaning or appearance of, or repurpose, any of the content, code, data, or other materials on or available through the Services, including, without limitation, the alteration or removal of any trademarks, trade names, logos, service marks, or any other proprietary content or proprietary rights notices. You acknowledge that you do not acquire any ownership rights by downloading any copyrighted material from or through the Services. If you make other use of the Services, except as otherwise provided above, you may violate copyright and other laws of India and/or other countries, as well as applicable state laws and may be subject to liability for such unauthorised use.

You warrant and agree that, while using the Services you shall not: (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) insert your own or a third party’s advertising, branding or other promotional content into any of the Services’ content, materials or services, or use, redistribute, republish or exploit such content or service for any further commercial or promotional purposes; or (c) attempt to gain unauthorized access to other computer systems through the Services. You shall not: (i) engage in spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of users or other information from or through the Services or the services offered on or through the Services, including without limitation any information residing on any server or database connected to the Services or the services offered on or through the Services; (ii) obtain or attempt to obtain unauthorised access to computer systems, materials or information through any means; (iii) use the Services in any manner that may interrupt, damage, disable, overburden, or impair the Services or its services, including without limitation, sending mass unsolicited messages or “flooding” servers with requests; (iv) use the Services in violation of Billboard India’s or any third party’s intellectual property or other proprietary or legal rights; or (v) use the Services in violation of any applicable law. You further agree that you shall not attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Services, or any content thereof, or make any unauthorized use thereof. You agree that you shall not use the Services in any manner that could damage, disable, overburden, or impair the Services or interfere with any other party’s use and enjoyment of the Services or any of their services. You shall not obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Services. Without limiting the foregoing, you may not (i) use any artificial intelligence systems, machine learning models or tools, software robots, spider, crawlers, or other data gathering, analysis or extraction tools, whether automated or manual, to access, acquire, copy, monitor, scrape or aggregate the Services, including any content, data or any portion thereof (except for a public search engine’s use of spiders solely for creating search indices that surface links to our Services); (ii) use the Services, including any content, data or any portion thereof, to train artificial intelligence, machine learning models, automated processing tools, other algorithms or other software systems, whether automated or manual; or (iii) build a business, in whole or in part, resell, redistribute, recirculate or make any other commercial use of, or create derivative works or materials utilizing, any portion of the Services (including any code used in any software) or content, whether or not for profit. You are further prohibited from disabling, modifying, interfering with or otherwise circumventing any technology to view the Services (including any content) without: (i) displaying visibly both content and all surrounding elements and (ii) having full access to all functionality permitting viewing of content, including, without limitation, all video quality and display functionality, and interactive or click-through functionality.

THIRD-PARTY WEBSITES

The Services may include links to services supplied by or operated by third parties including advertisers and other content providers. Billboard India does not control such linked services, and is not responsible for their Content, functionality or legality. Those third parties may collect data or solicit personal information from you; Billboard India is not responsible for the collection, use or disclosure of any information those services may collect. Linking to any other service or website from the Services is at your own risk.

The Services may also include certain features, functionality, and/or Content that may be hosted, administered, supplied by or operated by third party service providers, such as social, community and public discussion areas, photo and video galleries, blogs, auctions, shopping, payment processing. These service providers may require that you agree to their additional terms, conditions, contracts, agreements and/or rules. Your compliance with any such additional terms, conditions, contracts, agreements and/or rules is solely your responsibility and will have no effect on your continuing obligation to comply with these Terms of Use. Inclusion of any third-party websites or service providers does not constitute an endorsement or sponsorship by us of such third parties or the information, content, products, services, advertising, code or other materials presented on or through such websites or by such third parties. Billboard India does not represent or warrant that the contents of any third-party websites are accurate, compliant with state or central law, or compliant with copyright or other intellectual property laws. Billboard India specifically disclaims any and all liability in connection with the acts or omissions of such third-party service providers.

Billboard India reserves the right to require that any link or activity which is in breach of these Terms of Use be removed and/or ceased, and to take whatever other action Billboard India deems appropriate.

ADVERTISEMENTS AND PROMOTIONS

Billboard India may run advertisements and promotions from third parties on the Services. Your business dealings or correspondence with, or participation in promotions of, advertisers other than Billboard India, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. Billboard India is not 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 third-party advertisers on the Services.

EMBEDDED VIDEO LINKS

Certain pages of the Services provide the functionality for you to “embed” videos appearing on the page on other web sites or blog pages (together with the Player, as defined herein, the “Embedded Video”). The functionality is provided by giving you the necessary HTML code to include on such page to make that Embedded Video appear. If you include the HTML on a web or blog page, the actual video stream for the Embedded Video will be served from our servers but the Embedded Video may be rendered to the visitor of that page as part of that page. If you elect to embed video on a page, you agree as follows: (i) you will not alter, in any respect, the Embedded Video (including without limitation the content, format, and length and advertising associated therewith) from how it is served from our servers; (ii) you will not facilitate access to the Embedded Video directly or through any video player or other tool other than the video player that is provided by us when the Embedded Video appears (the “Player”); and (iii) without limiting the foregoing, you will not link directly to the Embedded Video file. You may not block, inhibit, build upon or disable any portion of the Player, including without limitation links back to our site. You understand and agree that all measured metrics related to the access and viewing of the Embedded Video shall be credited to the Services. Without limitation of any provision of these Terms of Use, we shall have no liability to you for any reason with respect to your use of Embedded Video and you agree to indemnify, defend and hold us and our affiliates and our affiliates’ directors, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including attorneys’ fees, arising in any way from your use of the Embedded Video.

INTELLECTUAL PROPERTY RIGHTS

All Content and other material on the Services is owned by Billboard India or their third-party licensors (and is protected by international copyright, trade dress, design, patent, and trade mark laws, international conventions, and other laws protecting intellectual property and related proprietary rights). All such rights are reserved to Billboard India or their licensors. The trademarks, logos, service marks and trade names (collectively the “Marks”) displayed on the Services or on content available through the Services, are registered and unregistered trademarks or service marks of Billboard India, its licensors or third parties. All Marks not owned by Billboard India or its licensors that appear on the Services or on or through the Services’ services, if any, are the property of their respective owners. Nothing contained on the Services should be construed as granting, by implication or otherwise, any license or right to use any Mark displayed on the Services without the written permission of Billboard India or the third party that may own the applicable Mark. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks. Your misuse of the Marks displayed on the Services or on or through any of the Services’ services is strictly prohibited.

Making unauthorised copies or unpermitted distribution or transmission of Content found on the Services may result in the prohibition of your use of the Services and further legal action.

Billboard India makes no representation concerning any content on the Services, and you agree to hold us not liable for the accuracy, copyright violations, trademark violations, legality or decency of the material contained on the Services.

INDEMNIFICATION

You agree to indemnify, defend and hold Billboard India, its licensors and its respective directors, officers, employees, agents, successors and assigns harmless from any and all claims, liabilities, costs and expenses, including attorneys’ fees, arising in any way from (a) your use of the Services, and/or (b) your breach or violation of any applicable law or regulation or these Terms of Use. Billboard India reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Billboard India’s defense of such claim. You agree not to settle any matter without the prior written consent of the authorised personnel from Billboard India. This defense and indemnification obligation will survive these Terms of Use and your use of and access to the Services.

DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law in India, you expressly agree that your use of the Services is at your own risk. The Services are provided on an “as is” and “as available” basis for your use, and to the extent permitted by applicable law in India, Billboard India and its licensors, vendors, suppliers, service providers, and their respective officers, directors, members, employees, sub-contractors, agents, and representatives hereby expressly disclaim any and all warranties, express and implied, including but not limited to any warranties of accuracy, reliability, title, merchantability, non-infringement, fitness for a particular purpose or any other warranty, condition, guarantee or representation, whether oral, in writing or in electronic form, including but not limited to the accuracy or completeness of any information contained therein or provided by the Services.

Billboard India does not represent or warrant that access to the Services will be uninterrupted or that there will be no failures, errors or omissions or loss of transmitted information, or that no viruses will be transmitted on the Services. Billboard India does not guarantee that you will be able to access or use the Services at any or all times or locations of your choosing, or that the Services will be accessible in any specific geographic area.

In no event shall Billboard India or its licensors, vendors, suppliers, service providers, and their respective officers, directors, members, employees, sub-contractors, agents, and representatives, be liable for direct, indirect, special, consequential or punitive damages arising from your use of the Services, including for viruses alleged to have been obtained from the Services, your use of or reliance on the Services or any of the information or materials available on the Services, regardless of the type of claim or the nature of the cause of action, even if advised of the possibility of such damages. In the event a jurisdiction does not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdiction, liability shall be limited to the full extent permitted by law.

Billboard India does not endorse, warrant or guarantee any third-party product or service offered through the Services and 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.

We do not warrant that the Services will be compatible with all hardware and software which you may use. We shall not be liable for damage to, or viruses or other code that may affect, any equipment (including but not limited to your mobile device), software, data or other property as a result of your download, installation, access to or use of the Services or your obtaining any material from, or as a result of using, the Services. We shall also not be liable for the actions of third parties or for any claim or damage or loss that may arise on account of availing of goods or services offered by any third party that may have been accessed through the Services.

TERMINATION

Billboard India may terminate, change, suspend or discontinue any aspect of the Services at any time. Billboard India may restrict, suspend or terminate your access to the Services if we believe you are in breach of our Terms of Use or applicable law, or for any other reason without notice or liability. Without limitation, Billboard India may, in its sole discretion and without liability, terminate the Services use privileges of users who are repeat infringers of intellectual property rights.

MISCELLANEOUS

These Terms of Use (including the Privacy Policy) constitute the entire agreement between you and us regarding the use of the Services. Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.

Billboard India may change these Terms of Use without notice. Continued use of the Services indicates an acceptance to the Terms of Use herein and any subsequent changes that may be made from time to time. Billboard India recommends that you re-visit these Terms of Use from time to time to understand and be fully aware of the user policy of the Services.

In the event that any term of these Terms of Use is held to be invalid or unenforceable, the remainder of the Terms of Use shall remain valid and enforceable. These Terms of Use are governed by and construed in accordance with the laws of India and will be subject to the exclusive jurisdiction of the courts of Mumbai, India.