TERMS & CONDITION

1. INTRODUCTION

Thanks for choosing Shadhin Music. By signing up or otherwise using the Shadhin Music service and software applications or accessing any content or material that is made available by Shadhin Music through the Service you are entering into a binding contract with the Shadhin Music entity indicated in this document.

Shadhin Music provides an online audio and video streaming service (referred to herein as the "Streaming Service"). Through the Streaming Service. Shadhin Music delivers a variety of content including audio, video images, and text. The Content and the Streaming Service are referred to collectively as the Shadhin Music.

Your agreement with us includes these Terms and Conditions of Use (“Terms”). You acknowledge that you have read and understood the Agreements, accept these Agreements, and agree to be bound by them. If you don’t agree with (or cannot comply with) the Agreements, then you may not use the Shadhin Music Service or consume any Content. Any new features or tools that are added to the Shadhin Music shall also be subject to these Terms of Use.

We may amend these Terms of Use at any time without notice by posting the amended Terms of Use on the Streaming Service. Any amendment to these Terms of Use will be effective immediately. Your continued use of the Shadhin Music following any update or change of the Terms of Use will signify your acceptance of such revised terms. You waive any right you may have to receive special notice of such updates or changes and, you must stop using the Shadhin Music should you not agree to the revised terms.

2. ACCESS TO AND USE OF THE STREAMING SERVICE

2.1 Access Shadhin Music grants you permission to use the Shadhin Music under these Terms of Use, provided that: (i) you use the Shadhin Music only for personal, internal, non-commercial purposes (please contact Shadhin Music regarding the terms of a commercial license); (ii) you refrain from copying or distributing any part of the Shadhin Music in any medium without Shadhin Music prior written authorization; (iii) you refrain from modifying any part of the Network, other than as permitted according to the site's general user interface and the Network's purpose; and (iv) you otherwise comply with these Terms of Use.

You may only access the Streaming Service if you are an authorized user. An authorized user is someone who accesses the Streaming Service after being securely authenticated by his or her institution as per the authentication processes provided for by that institution. You may only use the Streaming Service, including accessing, listening and watching the Content through the audio and video player we provide (the "Audio Player" and “Video Player”) in accordance with these Terms of Use. You may not use the Streaming Service or the Content for commercial purposes.

2.2 The Content You may not either directly or through the use of any device, software, or other means (a) remove, alter, bypass, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, content protection or access control measure associated with the Content; or (b) copy, download, stream capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, sell, transmit or retransmit the Content (other than via the tools and functionality we provide you with) unless we authorize you in writing. In addition, you are strictly prohibited from creating derivative works or materials that otherwise are derived from or based on in any way the Content, including montages, mash-ups and similar audios, video unless we authorize you in writing.

You understand that by using the Streaming Service, you may encounter content that may be deemed offensive, indecent or objectionable, which Content may or may not be identified as having explicit language or other features. Nevertheless, you agree to use the Streaming Service at your sole risk, and Shadhin Music shall have no liability to you for content that may be found to be offensive, indecent or objectionable. Content types (including genres, sub-genres, and categories and sub-categories and the like) and descriptions are provided for convenience, and you acknowledge and agree that Shadhin Music does not guarantee their accuracy.

2.3 The Audio Player & streaming you may only access the Content via the Audio Player. The Video Player & streaming you may only access the Content via the Video Player. You may not modify, enhance, remove, interfere with, or otherwise alter in any way any portion of the Audio Player, its underlying technology, any digital rights management mechanism, device, or other content protection or access control measure incorporated into the Audio Player. This restriction includes, without limitation, disabling, reverse engineering, modifying, interfering with or otherwise circumventing the Audio Player in any manner.

When you listen to the Content on Shadhin Music, the quality of the Content you receive will depend on a number of factors, including the type of Compatible Device on which you are streaming the Content and your bandwidth, which may go up and down over the course of your listening. While we strive to provide you a high quality listening experience, we make no guarantee as to the resolution or quality of the Content you will receive when streaming.

2.4 Ownership you agree that Shadhin Music owns and retains all rights to the Streaming Service. You further agree that the Content you access and listen as part of the Streaming Service is owned or controlled by Shadhin Music and Shadhin Music licensors. Copyright, trademark and other intellectual property laws protect the Streaming Service and the Content. You must not use the Content or the Streaming Service in a way that violates any applicable laws.

2.5 Your Responsibilities you must not introduce any viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of the Streaming Service, the Streaming Service or any associated computer software or hardware. In addition, you must not use the Streaming Service to advertise or promote products or services, or provide or make unsolicited communications, in any manner whatsoever.

2.6 Downloads from time to time, we may notify you that it is necessary to download software or other materials (or agree to additional terms and conditions) in order to access particular Content. Unless otherwise provided by those additional terms and conditions, they are hereby incorporated into these Terms of Use.

2.7 Breach if you violate any of these Terms of Use, we may, either directly or indirectly, (i) notify you, and/or (ii) use technical measures to block or restrict your access or use of the Streaming Service. In either case, you agree to immediately stop accessing or using (or attempting to access or use) the Streaming Service in any way and you agree not to circumvent, avoid, or bypass such restrictions, or otherwise restore or attempt to restore such access or use.

2.8 Suspension/Discontinuation at any time, we may be compelled by applicable law or other legal obligation to withdraw one or more pieces of Content from the Content available to you. We accept no responsibility whatsoever for any loss you may suffer in such an event.

2.9 Authentication Your institution that makes the Streaming Service and Content available to you is solely responsible for authenticating users and ensuring that you are an authorized user. You must not access the Streaming Service in any way that breaches, bypasses or disrupts this authentication process.

3. SUBSCRIPTIONS

There are two versions in the app. One is the Freemium and another is the Premium version. In the Freemium version of the app, user can listen to all the FREE music’s wherever and whenever but if user wants to have the full access in the app like; watching the video, creating the playlist, offline downloads and so on, then he needs to subscribe to the Premium version of the app. That means, users who wish to receive additional features. Your subscription to the premium version will enrich Bangladeshi Music Industries in several aspects.

4. COLLECTION AND USE OF PERSONAL INFORMATION

In order to access some features of Shadhin Music, you will have to create an account and provide certain pieces of personal information.

You may never use another user's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Shadhin Music immediately of any breach of security or unauthorized use of your account. Although Shadhin Music will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Shadhin Music or others due to such unauthorized use.

5. TRADEMARKS

Shadhin, the Shadhin Music logo, are unregistered trademarks of Shadhin Music. None of the Shadhin Music trademarks may be copied, downloaded, or otherwise exploited.

6. LIMITATION OF LIABILITY

To the maximum extent permitted by law: our aggregate liability to you, whether for breach of these Terms of Use, in negligence, in any other tort, in equity or for any other common law or statutory cause of action arising in relation to these Terms of Use, the Shadhin Music, the Streaming Service or any Content will be handled by the law. In calculating our aggregate liability under this paragraph, the parties must include any amounts paid or the value of any goods or services replaced, repaired or supplied by us for a breach of the implied conditions and warranties referred to in paragraph (iii); we will not be liable for any incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity, loss of anticipated savings or any other similar or analogous loss resulting from your access to, or use of, or inability to use the Shadhin Music, the Streaming Service or any Content, whether based on warranty, contract, tort, negligence, in equity or any other legal theory, and whether or not we know of the possibility of such damage; and all express or implied warranties, representations, statements, terms and conditions relating to this agreement or its subject matter, not contained in this agreement, are excluded from this agreement. However, nothing in this agreement excludes, restricts or modifies any condition, warranty, right or remedy implied or imposed by any statute or regulation which cannot lawfully be excluded, restricted or modified. If any condition or warranty is implied into this agreement under any legislation and cannot be excluded, then our liability for breach of the condition or warranty is limited to one or more of the following at our option:

(1) In the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; or

(2) In the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.

7. NOTICE AND PROCEDURE FOR CLAIMS OF COPYRIGHT INFRINGEMENT

7.1 Copyright Notice the Content is protected by copyright, amongst various other intellectual property laws in all jurisdictions. Copyright in the Content must not be infringed. Much of the Content has been licensed to Shadhin Music by Shadhin Music licensors and may only be used in accordance with these Terms of Use. Use of the Content for any other purposes may infringe copyright and may lead to prosecution. The Content may not be edited, duplicated, broadcast or communicated, transmitted by cable or otherwise transmitted on any multi receiver, open or closed circuit system, whether or not admission is charged, without our prior written permission.

The Content made available through the Streaming Service may only be used and listened in accordance with these Terms of Use by an authorized user of the educational institutions licensing the Content.

7.2 Take-down Procedure If you believe that any Content, User Material, or other material provided through the Streaming Service, including through a link, infringes your copyright; you should notify Shadhin Music of your infringement claim in accordance with the procedure set forth below. We will process each notice of alleged infringement that Shadhin Music receives and take appropriate action in accordance with applicable intellectual property laws.

A notification of claimed copyright infringement should be notified to Shadhin Music. The notification must contain the following information: (i) a description of the copyrighted work that you claim has been infringed; (ii) a description of where the material is located on the Streaming Service; (iii) how Shadhin Music can contact you, such as your address, telephone number, and email address; (iv) 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; and (v) a statement by you that the above information in your notice is accurate and that you are authorized to act on behalf of the copyright owner or the owner of an exclusive right in the material.

8. GENERAL INFORMATION

8.1 Choice of Law and Forum These Terms of Use are governed by, and construed in accordance with, the laws of the State without giving effect to principles of conflicts of law. In the event of a claim under this agreement, you agree to submit to the exclusive jurisdiction of the courts, the state and waive any right to claim that courts exercising jurisdiction there constitute an inconvenient forum.

8.2 Integration, Amendment, and Severability Please note that these Terms of Use constitute the entire legal agreement between you and Shadhin Music and govern your use of the Shadhin Music (including your use of the Streaming Service and the Content). These Terms of Use operate to the fullest extent permissible by law. If any provision of these Terms of Use is held to be unlawful, void, or unenforceable, you and we agree that the provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions.

9. TERMS AND TERMINATION

These Terms will continue to apply to you until terminated by either you or Shadhin Music. Shadhin Music may terminate the Terms or suspend your access to the Shadhin Music Service at any time, including in the event of your actual or suspected un-authorized use of the Shadhin Music Service or non-compliance with the Terms. If you or Shadhin Music terminates the Terms, or if Shadhin Music suspends your access to the Shadhin Music Service, you agree that Shadhin Music shall have no liability or responsibility to you and Shadhin Music will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. To learn how to terminate your Shadhin Music account, please contact us through the Customer Service contact form.

101. CHANGES TO THE AGREEMENTS

Occasionally we may, in our discretion, make changes to the Shadhin Music Service and Agreements. When we make changes to the Agreements that we consider material, we’ll notify you through the Service. By continuing to use the Service after those changes are made, you are expressing and acknowledging your acceptance of the changes.