Terms of Use
Welcome to TOBLAY.COM, a flagship portal operated by Toblay ltd and/or its subsidiary(IES)
and/or affiliate(s) (collectively referred to as the "company").
The Terms and Conditions
for EU region is here
1.
ACCEPTANCE OF TERMS OF
USE
These
terms of use (Terms) constitute a legally binding agreement between User or you
(as defined below) and the Company regarding your use of the Toblay web site i.e www.Toblay.com
(the Site), m.Toblay.com (the WAP Site), touch.Toblay.com (the Mobile Site), Toblay Application (the Mobile Application on Android, iOS, Java, Blackberry and Windows devices) and the services
including but not limited to delivery of music and related content via the
Site¸ any mobile or internet connected device or otherwise (the "Toblay Service").
"User"
or "You" means any person who access or avail this site of the
Company for the purpose of hosting, publishing, sharing, transacting,
displaying or uploading information or views and includes other persons jointly
participating in using the site of the Company.
By
accessing the Site or Service and/or by clicking "I agree", you agree
to be bound by these Terms. You hereby represent and warrant to the Company
that you are at least eighteen (18) years of age or above and are capable of
entering, performing and adhering to these Terms and that you agree to be bound
by the following terms and conditions. While individuals under the age of 18
may utilize the Service of the site, they shall do so only with the involvement
& guidance of their parents and / or legal guardians. You agree to register
prior to uploading any content and / or comment and any other use or services
of this site and provide your details including but not limited to complete
name, age, email address, residential address, contact
number.
The
Company reserves the right, at its discretion, to change, modify, add, or
remove portions of these Terms at any time by posting the amended Terms. Please
check these Terms periodically for changes. Your continued use of the Toblay Service after the posting of changes constitutes
your binding acceptance of such changes. In addition, when using any particular
services, you may be subject to any posted guidelines or rules applicable to
such services. All such guidelines or rules are hereby incorporated by
reference into the Terms.
If you
do not agree with the Terms, please do not use this Site or the Toblay Service.
2.
TOBLAY SERVICE,
REGISTRATION AND ACCESS TO USE
The Toblay Service provides its members with access to music
over the Internet to the Toblay Service ready
devices.
1. Registration:To
register for the Toblay Service you may be required
to open an account by completing the registration process (i.e. by providing us
with current, complete and accurate information as prompted by the applicable
registration form). You also will choose a password and a user name. You are
entirely responsible for maintaining the confidentiality of your password and
account. In particular, as a parent or legal guardian, you acknowledge and
assume sole responsibility to ensure that content which is meant for mature
audiences (i.e, above the age of majority) is not
accessed by children. Hence, you may not share your log in credentials with
your children. You expressly agree to absolve the Company and/or the Toblay Service of any responsibility / liability in this
regard.
2. Facebook Connect: You may also register
for the Toblay Service by using your Facebook username and password. If, however, you are under
18 years of age, you may log in to Toblay Service
using Facebook Connect and utilize the Toblay Service only under the supervision of your parent or
legal guardian. Using Facebook Connect allows us to
personalize and enhance your experience while using the Toblay
Service, based on your personal information, profile, likes, and other relevant
information. When you use this feature, you expressly consent to information
about your activity on the Toblay Service (i.e. what
you have listened, what you have liked, ratings given by you, etc.) being
continuously released and automatically posted on your Facebook
account (which has been used to log in) and made available to your friends on Facebook. You may control the information being shared
through Facebook Connect by changing your account /
privacy settings.
By
registering, you agree to the Terms stated herein and in addition to any other
specific terms which shall be posted at an appropriate location of the Site.
Each registration is for a single individual user only.
3. Subscription:Your
subscription to the Toblay Service in a particular
geographical territory shall be valid for that territory only and shall not
automatically entitle you to access your account from a different geographical
territory, unless specifically permitted by the Company. The content downloaded
during subscription period is only allowed to be accessed from the Toblay Service and is accessible only till subscription is
active and in good standing.
4. Access to use: To access the Toblay Service, you will be asked to enter your individual
user name and password, as chosen by you during your registration. Therefore,
the Company does not permit any of the following:-
1. Any
other person sharing your account and Password;
2. Any
part of the Site being cached in proxy servers and accessed by individuals who
have not registered with the Company as users of the Site; or
3. Access
through a single account and Password being made available to multiple users on
a network.
If the
Company reasonably believes that an account and password is being used /
misused in any manner, the Company shall reserve the right to cancel access
rights immediately without notice, and block access to all users from that IP
address. Furthermore, you shall be entirely responsible for any and all
activities that occur under your account. You agree to notify the Company
immediately of any unauthorized use of your account or any other breach of
security. The Company will not be liable for any loss that you may incur as a
result of someone else using your password or account, however, you could be
held liable for losses incurred by the Company or another party due to someone
else using your account or password.
5. Availability:
The
availability of content through Toblay Services will
change from time to time. The quality of the music of the streaming may vary
from computer to computer, and device to device, and may be affected by a
variety of factors, such as your location, the bandwidth available through
and/or speed of your Internet connection. You are responsible for all Internet
access charges. Please check with your Internet provider for information on
possible Internet data usage charges.
6. Geographic Limitation:
You may
listen music through the Toblay
Service only in geographic locations where the Company offers the Toblay Service. The content that may be available to listen
will vary by geographic location. The Company may use technologies to verify
your geographic location.
7. Toblay Service streaming software:
The Toblay Service streaming software is developed and designed
to enable streaming of content from the Toblay
Service through the Toblay Service ready devices.
This software may vary by device and medium, and functionalities may also
differ between devices. This software is licensed to you pursuant to these
Terms and solely for the purpose of using the Toblay
Service and for no other purpose whatsoever. The Company does not warrant the
performance of the software, including its continuing compatibility with the Toblay service. Any unauthorized use of the software is
strictly prohibited and Toblay Service reserves the
right to not provide the software (including updates) to you at any time and to
discontinue the ability to access the Toblay Service
through such software at any time, without prior or any notice.When
you use a Toblay ready device, you expressly
represent that you have the express authority to use such device and be liable
for any transaction conducted through such device on the Site.
3.
BILLING (If Applicable)
By
signing up for the Toblay Service, you are expressly
agreeing that the Company is authorized to charge you subscription fee as per
your selected plan, any other fees for additional services you may purchase,
and any applicable taxes in connection with your use of the Toblay
Service through the credit card or other payment method accepted by the Company
("Payment Method") that you provided during registration. If you want
to use a different Payment Method than the one you signed up for during
registration, or if there is a change in your credit card validity or
expiration date, you may edit your Payment Method information by clicking on
your account. If your Payment Method expires and you do not edit your Payment
Method information or cancel your account, you authorize us to continue
billing, and you will remain responsible for any uncollected amounts.
As used
in these Terms, "billing" shall indicate either a charge or debit, as
applicable, against your Payment Method. The subscription fee will be billed at
the beginning of your subscription and on each subsequent renewal (as per plan
chosen by you) thereafter unless and until you cancel your subscription or the
account or service is otherwise suspended or discontinued pursuant to these
Terms. To see the commencement date for your next renewal period, go to the
billing information section on your account page.
In
order to sustain the Toblay Service, it is important
that you honor the payment obligations to which you have agreed. Accordingly,
the Company reserves the right to pursue any amounts you fail to pay in
connection with the Toblay Service. You will remain
liable to the Company for all such amounts and all costs incurred by the
Company in connection with the collection of these amounts, including, without
limitation, collection agency fees, reasonable attorneys´ fees, and arbitration
or court costs.
You
also understand and acknowledge that the Company only facilitates the third
party payment gateway for processing of payment. This facility is managed by
the third party payment gateway provider and you are required to follow all the
terms and conditions of such third party payment gateway provider. You are
responsible for the accuracy and authenticity of the information provided by
you, including the bank account number/credit card details and the like. You
agree and acknowledge that the Company shall not be liable and in no way be
held responsible for any losses whatsoever, whether direct, indirect,
incidental or consequential, including without limitation any losses due to
delay in processing of payment instruction or any credit card fraud.
You can
file any complaint related to payment transfer at Site and the same forwarded
to the concerned third party payment gateway provider for redressal.
User authorisation for recurring
billing
0. User
agrees to authorise Toblay
to make recurring purchases from user's credit card (mastercard
& visa) and or debit card (HDFC & ICICI) after the end of plan.
1. User
can select one of the following plans (1 month, 3 month, 6 month or 1 year Toblay Plus subscriptions) and authorise
Toblay to charge user at the time of renewal of the
plan selected.
2. SI
mandate shall be taken online.
Free Trial
You may
be offered a free trial period at the start of your membership of Toblay Service, solely at the discretion of the Company.
The duration and the terms of the free trial period shall be at the discretion
of the Company and shall be specified during sign up. Free trials may not be
combined with any other offer(s). Free trials will not be given in cases of
renewal of membership or activation of another account from a physical address
and/or email address and/or device which is linked to
an already existing account, etc. Billing may automatically commence at the end
the free trial period, without prior notice, as per the subscription plan
chosen by you, unless you cancel your membership prior to the expiry of the
free trial period. It is hence recommended that you keep track of your account,
including the date when the free trial period ends.
Once billing
commences, we will continue to bill your Payment Method for your membership fee
until you cancel. You may cancel your membership at anytime; however, there are
no refunds or credits for partially used periods.
4.
If you’re being shown as
a Toblay Plus* user, download of certain songs may
not be available to you.
5.
INTELLECTUAL PROPERTY
RIGHTS AND LIMITED LICENSE
0.
Limited License: Subject
to your compliance with the Terms herein, the Company hereby grants you a
personal, limited, non-exclusive, non-transferable, freely revocable license to
use the Toblay Service for the personal and
non-commercial viewing of videos only. Except for the foregoing limited
license, no right, title or interest shall be transferred to you. Content on
the Site and/or Toblay Service is 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. We reserve all rights not expressly granted
in and to the Site and/or Toblay Service and the Content.
You agree to not engage in the use, copying, or distribution of any of the
Content other than expressly permitted herein. Any unauthorized use of the
Contents or Toblay Service will result in termination
of the limited license granted by the Company and cancellation of your
membership. Use of Site or Toblay Service for any
other purpose may result in severe civil and criminal penalties. The Company
does not promote, foster or condone the copying of Content, or any other
infringing activity. Violators will be prosecuted to the maximum extent
possible.
1.
The Content: The
content on the Toblay Service including, without
limitation, videos, software, text, graphics, interactive features, logos,
photos, music and all other audible and visual materials, as well as the
selection, organization, coordination, compilation and overall look and feel of
the Site (collectively, the "Content") are the intellectual property
of the Company, its licensors and its suppliers. The Content is protected by
copyright, trade dress, patent, trademark and other laws, international
conventions and proprietary rights and all ownership rights to the Content
remain with the Company, its licensors or its suppliers, as the case may be.
All trademarks, service marks, and trade names are proprietary to the Company
or its affiliates and/or third party licensors.
6.
YOUR OBLIGATIONS
You
hereby agree and assure the Company that the Site and/or Toblay
Service shall be used for lawful purposes only and that you will not violate
laws, regulations, ordinances or other such requirements of any applicable
Central, State or local government or any other international laws. You further
concur that you shall not:
0.
circumvent,
remove, alter, deactivate, degrade or thwart any of the content protections in
the Site or Toblay Service.
1.
either directly or through the use of any device, software,
internet site, web-based service, or other means copy, download, stream
capture, reproduce, duplicate, archive, distribute, upload, publish, modify,
translate, broadcast, perform, display, sell, transmit or retransmit the
Content unless expressly permitted by the Company in writing;
2.
either directly or through the use of any device, software,
internet site, web-based service, or other means remove, alter, bypass, avoid,
interfere with, or circumvent any copyright, trademark, or other proprietary
notices marked on the Content or any digital rights management mechanism,
device, or other content protection or access control measure associated with
the Content including geo-filtering mechanisms
3.
use the Site or Toblay Service in any
manner that could damage, disable, overburden, or impair and not to undertake
any action which is harmful or potentially harmful to any the Company´s server,
or the network(s), computer systems / resource connected to any the Company
server, or interfere with any other party´s use and enjoyment of the Site or Toblay Service;
4.
obtain or attempt to obtain any materials or information through
any means not intentionally made available through the Site/Service;
5.
perform any activity which is likely to cause such harm;
6.
carry out any "denial of service" (DoS,
DDoS) or any other harmful attacks on application or
internet service or;
7.
use the Site or Toblay Service for
illegal purposes;
8.
disrupt, place unreasonable burdens or excessive loads on,
interfere with or attempt to make or attempt any unauthorized access to any the
Company website or the website of any the Company´s customer;
9.
forge headers or otherwise manipulate identifiers in order to
disguise the origin of any content transmitted through the Site or Toblay Service;
10.
attempt to
gain unauthorized access to Toblay Service, other
accounts and computer systems through hacking, password mining or any other
means. You shall not obtain or attempt to obtain any materials or information
through any means not intentionally made available through the Site or Toblay Service;
11.
incorporate the Content into, or stream or retransmit the
Content via, any hardware or software application or make it available via
frames or in-line links unless expressly permitted by the Company in writing;
12.
create, recreate, distribute or advertise an index of any
significant portion of the Content unless authorized by the Company;
13.
use or launch any "robots", "spiders",
"offline readers" etc. or any other automated system, that accesses
the Site and / or Toblay Service in a manner that
sends numerous automated requests to the Site´s servers in a given period of
time, which a human cannot reasonably send in the same period by using
conventional web browsing application or tool(s) for similar purposes.
In
addition, you are strictly prohibited from creating derivative works or
materials that otherwise are derived from or based ,on the Content in any way,
including montages, mash-ups and similar videos, wallpaper, desktop themes,
greeting cards, and merchandise, unless it is expressly permitted by the Company
in writing. This prohibition applies even if you intend to give away the
derivative materials free of charge.
The
Site may permit you to post user submissions including but not limited to
reviews of Content available through the Toblay
Service, comments on such Content, etc (User Submissions) . You understand that
these User Submissions, once posted by you, are visible to all members since it
is a public forum.
7.
PROHIBITED ACTIVITIES
You
agree not to host, display, upload, modify, publish, transmit, update or share
any information or User Submissions which
0.
belongs to another person and to which you do not have any right
to;
1.
is grossly harmful, harassing, blasphemous defamatory, obscene,
pornographic, paedophilic, libellous,
invasive of another's privacy, hateful, or racially, ethnically objectionable,
disparaging, relating or encouraging money laundering or gambling, or otherwise
unlawful in any manner whatever;
2.
harm minors in any way;
3.
infringes any patent, trademark, copyright or other proprietary
rights;
4.
violates any law for the time being in force;
5.
deceives or misleads the addressee about the origin of such
messages or communicates any information which is grossly offensive or menacing
in nature;
6.
impersonate another person;
7.
contains software viruses or any other computer code, files or
programs designed to interrupt, destroy or limit the functionality of any
computer resource;
8.
threatens the unity, integrity, defence,
security or sovereignty of USA, friendly relations with foreign states, or
public order or causes incitement to the commission of any cognisable
offence or prevents investigation of any offence or is insulting any other
nation;
9.
contain misleading information regarding the origin of the
Content;
10.
or
otherwise contains objectionable content.
Any content
uploaded by you shall be subject to relevant laws and may disabled, or and may
be subject to investigation under appropriate laws. Furthermore, if you are
found to be in non-compliance with the laws and regulations, these terms, or
the privacy policy of the Site, we may terminate your account/block your access
to the Site and we reserve the right to remove any non-compliant content
uploaded by you.
If you
are found to be in non-compliance with the laws and regulations, these terms,
or the privacy policy of the Site, the Company shall have the right to
immediately terminate/block your access and usage of the Site and the Company
shall have the right to immediately remove any non-compliant Content and or
comment, uploaded by you and shall further have the right to take recourse to
such remedies as would be available to the Company under the applicable laws.
You
understand and agree that the Company may, but is not obligated to, review the
User Submissions and may delete or remove it (without notice) in its sole and
absolute discretion, for any reason or without assigning any reason.
More
specifically, when you review / rate any Content available on the Toblay Service (as per functionality made available on the
Site), you give the Company express rights and consent to display your rating /
review in relation to the relevant Content on the Site, including making it
available to other members for viewing. If you do not want your User
Submissions / reviews / ratings to be shared in a public forum, do not use
these features.
These
features may change without notice to you and the degrees of associated
information sharing and functionality may also change without notice.
the
Company is free to use any comments, information, ideas, concepts, reviews, or
techniques or any other material contained in any communication you may send to
us ("User Feedback"), including responses to questionnaires or
through postings to the Toblay Service / the Site and
User Submissions, without further compensation, acknowledgement or payment to
you for any purpose whatsoever including, but not limited to, developing,
manufacturing and marketing products and creating, modifying or improving the Toblay Service. By posting / submitting any User Feedback /
User Submission on the Site, you grant the Company a perpetual, worldwide,
non-exclusive, royalty-free irrevocable, sub-licensable license and right in
such User Feedback / User Submission to the Company, including the right to
display, use, reproduce or modify the User Feedback / User Submission in any
media, software or technology of any kind now existing or developed in the
future.
Operators
of public search engines have the permission to use functionalities like
spiders to copy materials from the Site for the sole purpose of creating
publicly available searchable indices of the materials, but not caches or
archives of such materials. We reserve the right to revoke these exceptions either
generally or in specific cases, in our sole discretion. You agree not to
collect or harvest any personally identifiable information, including account
names, from the Site, nor to use the communication systems provided by the Site
for any commercial solicitation purposes. You agree not to solicit, for
commercial purposes, any users of the Site with respect to its User
submissions.
You
shall be financially responsible for your use of the Toblay
Service (as well as for use of your account by others, including without
limitation minors living with you). You undertake to supervise and be
responsible for all usage of minors of the Toblay
Service and access of the Site under your name or account and absolve the
Company from any liability on this account. You also warrant that all
information supplied by you or members of your family for using the Toblay Service and accessing the Site, including without
limitation your name, email address, street address, telephone number, mobile
number, credit card number is correct and accurate. Failure to provide accurate
information may subject you to civil and criminal penalties.
You
shall be responsible for obtaining and maintaining any equipment or ancillary
services needed to connect to, access the Site or otherwise use the Toblay Service, including, without limitation, modems,
hardware, software, and long distance or local telephone service. You shall be
responsible for ensuring that such equipment or ancillary services are
compatible with the Toblay Service.
You
agree that the Company may directly or through third party service providers
send information to you about the various services offered by the Company from
time to time.
8.
LINKS TO OTHER SITES
The
Site may contain the links or pointers to other websites but you should not
infer or assume that the Company operates, controls, or is otherwise connected
with these other websites. When you click on a link within the Site, the
Company may not warn you that you have left the Site and are subject to the
terms and conditions (including privacy policies) of another website. Please be
careful to read the terms of use and privacy policy of any other website before
you provide any confidential information or engage in any transactions. You
should not rely on these Terms to govern your use of another website.
The
Company is not responsible for the content or practices of any other website
even if it links to the Site and even if the website is operated by a company
affiliated or otherwise connected with the Company. You acknowledge and agree
that the Company is not responsible or liable to you for any content or other
materials hosted and served from any website other than the Site.
9.
ADVERTISING MATERIAL
Part of
the Site or the Toblay Service may contain
advertising information or promotion material or other material submitted to
the Company by third parties. Responsibility for ensuring that material
submitted for inclusion on the Site complies with applicable international and
national law is exclusively on the party providing the information/material.
Your correspondence or business dealings with, or participation in promotions
of advertisers including payment and delivery of related goods or services, and
any other terms, conditions, warranties or representations associated with such
dealings, are solely between you and such advertiser. Before relying on any
advertising material, you should independently verify its relevance for your
purpose, and should obtain appropriate professional advice. The Company shall
not be responsible nor liable for any loss or claim that you may have against
an advertiser or any consequential damages arising on account of your relying on the contents of the advertisement.
10.
COLLECTION AND USE OF
PERSONAL INFORMATION
For
information about the Company´s policies and practices regarding the collection
and use of your personally identifiable information, please read the Privacy
Policy as available on the Site. The Privacy Policy is incorporated by
reference and made part of these Terms. Thus, by agreeing to these Terms, you
agree that your presence on the Site and use of the Toblay
Service are governed by the Company’s Privacy Policy in effect at the time of
your use. The Company reserves the right to disclose any information that is
required to be shared, disclosed or made available to any governmental,
administrative, regulatory or judicial authority under any law or regulation
applicable to the Company. The Company can further disclose your name, street
address, city, state, zip code, country, phone number, email, as it in its sole
discretion believes necessary or appropriate in connection with an
investigation of fraud, intellectual property infringement, piracy, or other
unlawful activity.
11.
DISCLAIMER OF WARRANTIES
AND LIABILITY
You
understand and agree that the Company provides the Toblay
Service on an 'as-is' 'with all faults' and 'as available' basis. You agree
that use of the Site or the Toblay Service is at your
risk. All warranties including without limitation, the implied warranties of
merchantability, fitness for a particular purpose, for the title and
non-infringement are disclaimed and excluded.
No
representations, warranties or guarantees whatsoever are made by the Company as
to the (a) accuracy, adequacy, reliability, completeness, suitability or
applicability of the information to a particular situation; (b) that the
service will be uninterrupted, timely, secure, or error-free; (c) the quality
of any services, content, information, or other material on the website will meet
your expectations or requirements; (d) any errors in the Site will be
corrected; (e) warranties against infringement of any third party intellectual
property or proprietary rights; or (f) other warranties relating to
performance, non-performance, or other acts or omissions of the Company, its
officers, directors, employees, affiliates, agents, licensors, or suppliers.
The
Company does not warrant that any of the software used and or licensed in
connection with the Toblay Service will be compatible
with other third party software or devices nor does it warrant that operation
of the Toblay Service and the associated software
will not damage or disrupt other software or hardware.
The
Company, its affiliates, successors, and assigns, and each of their respective
investors, directors, officers, employees, agents, and suppliers (including
distributors and content licensors) shall not be liable, at any time for any,
direct, indirect, punitive, incidental, special, consequential, damages arising
out of or in any way connected with the use of Site or the Toblay
Service, whether based in contract, tort, strict liability, or other theory,
even if the Company have been advised of the possibility of damages.
In the
event any exclusion contained herein be held to be invalid for any reason and
the Company or any of its affiliate entities, officers, directors or employees
become liable for loss or damage, then, any such liability of the Company or
any of its affiliate entities, officers, directors or employees shall be limited
to not exceeding subscription charges paid by you in the month preceding the
date of your claim for the particular subscription in question chosen by you.
12.
INDEMNIFICATION
You
agree to indemnify, defend and hold harmless, the Company, its affiliates, successors,
and assigns, and each of their respective investors, directors, officers,
employees, agents, and suppliers (including distributors and content licensors)
from and against any losses, claims, damages, liabilities, including legal fees
and expenses, arising out of:
0.
any claim due to or arising out of your violation of these
Terms, including but not limited to a claim arising out of a breach of your
representations or warranties made hereunder;
1.
your use or misuse of or access to the Site or the Toblay Service;
2.
your violation of any law, regulation or third party right,
including without limitation any copyright, property, or privacy right; or
3.
any claim
that you have caused damage to a third party.
The
Company reserves the right, at its own expense, to employ separate counsel and
assume the exclusive defence and control of any
matter otherwise subject to indemnification by you, and you agree to cooperate
with the Company´s defence of these claims.
13.
TERMINATION OF ACCOUNT,
SUSPENSION OR DISCONTINUATION OF TOBLAY SERVICE
The
Company reserves the right to change, suspend, or discontinue temporarily or
permanently, some or all of the Toblay Service
(including the Content and the devices through which the Toblay
Service are accessed), with respect to any or all users, at any time without
notice. You acknowledge that the Company may do so in its sole discretion. You
also agree that the Company will not be liable to you for any modification,
suspension, or discontinuance of the Toblay Service,
although if you are a Toblay Services paid subscriber
and the Company suspends or discontinues the Toblay
Service, the Company may, in its sole discretion, provide you with a credit,
refund, discount or other form of consideration (for example, the Company may
credit additional days of service to your account). However, if the Company
terminates your account or suspends or discontinues your access to the Toblay Service due to your violation of these Terms, then
you will not be eligible for any such credit, refund, discount or other
consideration.
14.
GENERAL TERMS
0.
Grievance Redressal
Redressal Mechanism
: Any complaints, abuse or concerns with regards to content and or
comment or breach of these terms shall be immediately informed to the
designated Grievance Officer as mentioned below via in writing or through email
signed with the electronic signature to [email protected] or
1.
Notice of Copyright
Infringement:
Our
policy is to comply with all Intellectual Property Laws and to act
expeditiously upon receiving any notice of claimed infringement. If you believe
that any work has been reproduced on this website in a manner that constitutes
copyright infringement, please provide a notice of copyright infringement
containing all of the following information:
0.
A physical or electronic signature of a person authorized to act
on behalf of the copyright owner for the purposes of the complaint.
1.
Identification of the copyrighted work claimed to have been
infringed.
2.
Identification of the material on our website that is claimed to
be infringing or to be the subject of infringing activity.
3.
The address, telephone number or e-mail address of the
complaining party.
4.
A statement that the complaining party has a good-faith belief
that use of the material in the manner complained of is not authorized by the
copyright owner, its agent or the law.
5.
A statement, under penalty of perjury, that the information in
the notice of copyright infringement is accurate, and that the complaining
party is authorized to act on behalf of the owner of the right that is
allegedly infringed.
2.
Relationship
None of
the provisions of the Terms shall be deemed to constitute a partnership or
agency between you and the Company and you shall have no authority to bind the
Company in any manner, whatsoever. This agreement is solely for your and the
Company’s benefit and not for the benefit of any other person, except for
permitted successors and assigns under this Agreement.
3.
Assignment
You may
not transfer to anyone else, either temporarily or permanently, any rights to
use the Toblay Service or any part of the Toblay Service. Any attempt by you to do so is void. the Company may assign, transfer, delegate and/or grant all
or any part of its rights, privileges and properties hereunder to any person or
entity.
4.
Force Majeure
Neither
Party shall have any liability for any interruption or delay, to access the
Site due to Force Majeure Event. For the purposes of this clause, ´Force
Majeure Event´ means any event or circumstance or combination of events and
circumstances which is reasonably beyond the control of the party affected
thereby and which causes or results in default or delay in performance by such
affected party of any of its obligations under this agreement and includes an
act of God, war, hostilities, civil commotion, strikes, lockouts and other
industrial disputes.
5.
Applicable Law
These
Terms are governed by and construed in accordance with, the laws of USA
without giving effect to principles of conflict of law. In the event of any
dispute or claim by you against the Company, you agree to submit to the
exclusive jurisdiction of courts at USA.
6.
Limited Time To Bring
Your Claim
You and
the Company agree that any cause of action arising out of or related to use of
the Site or the Toblay Service must commence within
one (1) year after the cause of action accrues otherwise, such cause of action
will be permanently barred.
7.
Survival
Rights
and obligations under the Terms which by their nature should survive will
remain in full effect after termination or expiration of the subscription.
8.
Non Waiver
Any
express waiver or failure to exercise promptly any right under this agreement
will not create a continuing waiver or any expectation of non-enforcement.
9.
Disclaimer
The
“Music on my phone” feature under the Toblay App is a
mere skin provided by TOBLAY to allow the User(s) of Toblay
App to play/broadcast/stream legal music stored locally on their respective
devices. By way of the aforesaid feature TOBLAY provides music player
functionality to the User(s) to access the music legally stored on their
devices and does not in any way provide for the storage of such music on the Toblay App/Toblay Sites or
servers. User(s) understands, agrees and confirms that only legitimate and legally
procured music is to be played/broadcast/streamed through their device for the
use of the “Music on my phone” feature. User(s) assume total responsibility of
the source and legitimacy of the music played through the “Music on my phone”
feature.
Furthermore,
the User(s) hereby waive any liability or responsibility of Times Internet
Limited and/ or Gamma Toblay Limited and/ or their
associate companies for any music related licenses or permissions for any music
played by the User(s) through the “Music on my phone” functionality. User(s)
further represent and warrant to remain solely
responsible for any and all claims in relation thereto and shall without any
contestation and demur, fully indemnify and keep indemnified Times Internet
Limited and/ or Gamma Toblay Limited and/ or their
associate companies, directors and/or employees for any claims, royalties or
penalties.
10.
Entire Agreement
These
Terms constitute the entire agreement between the parties with respect to the
subject matter hereof and supersedes and replaces all prior or contemporaneous
understandings or agreements, written or oral, regarding such subject matter.
11.
Global Citizen Festival
Offer T&Cs
Offer 1: Buy 6 months or 1
year Toblay+ subscription, create a playlist and
stand a chance to win a pass to Global Citizen USA festival.
0.
Buy 6 months or 1 year Toblay+
subscription, create a playlist and stand a chance to win a pass to Global
Citizen USA festival.
1.
Each user can avail this offer only once.
2.
Offer is available for limited period only.
3.
Offer starts on 7th Nov 2016 00:00 and ends on 16th Nov 2016
23:59.
4.
Toblay will
not bear travel costs for winners. Winners will have to arrange transportation
themselves.
5.
The T&C is uploaded on Toblay+
payment page.
6.
The territory of this Consumer offer shall be within the
territory of USA except the state of Tamil Nadu,
this prize draw contest is not open for participants from the state of Tamil
Nadu in view of the provisions of the, Tamil Nadu Prize Scheme (Prohibition)
Act, 1979, and in all such states where it is specifically prohibited by law.
7.
This offer is exclusive to any other offer run by the Company
and is non-transferable. No substitution will be given nor shall any exchange
or redemption for an equivalent cash amount or in any other form be allowed
under any circumstances.
8.
The Company reserves the right to extend, cancel, discontinue,
prematurely withdraw, change, alter or modify this offer or any part thereof at
its sole discretion at anytime during its validity as may be required in view
of business exigencies and/or changes by regulatory authority and/or statutory
changes and shall be binding on the subscriber.
9.
Even if one or more provisions of these terms are held to be
unenforceable under applicable law(s), the remainder of these terms shall be
valid and enforceable. These terms and conditions are governed by USA Laws.
All disputes arising out of this offer shall be subject to the jurisdiction of
courts at USA.
Offer 2: Users with maximum
referral each day will win Global Citizen Concert passes.
10.
2 users with maximum referral each day will win 2 Global Citizen
Concert passes.
11.
Each user can avail this offer only once.
12.
Offer is available for limited period only.
13.
Offer starts on 7th Nov 2016 00:00 and ends on 16th Nov 2016
23:59.
14.
Toblay will
not bear travel costs for winners. Winners will have to arrange transportation
themselves.
15.
The T&C is uploaded on Toblay+
payment page.
16.
The territory of this Consumer offer shall be within the
territory of USA except the state of Tamil Nadu, this
prize draw contest is not open for participants from the state of Tamil Nadu in
view of the provisions of the, Tamil Nadu Prize Scheme (Prohibition) Act, 1979,
and in all such states where it is specifically prohibited by law.
17.
This offer is exclusive to any other offer run by the Company
and is non-transferable. No substitution will be given nor shall any exchange
or redemption for an equivalent cash amount or in any
other form be allowed under any circumstances.
18.
The Company reserves the right to extend, cancel, discontinue,
prematurely withdraw, change, alter or modify this offer or any part thereof at
its sole discretion at anytime during its validity as may be required in view
of business exigencies and/or changes by regulatory authority and/or statutory
changes and shall be binding on the subscriber.
19.
Even if one or more provisions of these terms are held to be
unenforceable under applicable law(s), the remainder of these terms shall be
valid and enforceable. These terms and conditions are governed by USA Laws.
All disputes arising out of this offer shall be subject to the jurisdiction of
courts at USA.
Offer 3: Complete the
sentence 'I Love Toblay App because ................'
and stand a chance to win passes for Coldplay Concert in Global Citizen
Festival.
20.
User has to perform following actions to stand a chance to win
passes for Coldplay Concert in Global Citizen Festival.
§ Complete
the sentence 'I Love Toblay App because
................'
§ Comment
on the social post
§ Share
the post
§ Tag a
friend
21.
Each user can avail this offer only once.
22.
Offer is available for limited period only.
23.
Offer starts on 7th Nov 2016 00:00 and ends on 16th Nov 2016
23:59.
24.
Toblay will
not bear travel costs for winners. Winners will have to arrange transportation
themselves.
25.
The T&C is uploaded on Toblay+
payment page.
26.
The territory of this Consumer offer shall be within the
territory of USA except the state of Tamil Nadu,
this prize draw contest is not open for participants from the state of Tamil
Nadu in view of the provisions of the, Tamil Nadu Prize Scheme (Prohibition)
Act, 1979, and in all such states where it is specifically prohibited by law.
27.
This offer is exclusive to any other offer run by the Company
and is non-transferable. No substitution will be given nor shall any exchange
or redemption for an equivalent cash amount or in any other form be allowed
under any circumstances.
28.
The Company reserves the right to extend, cancel, discontinue,
prematurely withdraw, change, alter or modify this offer or any part thereof at
its sole discretion at anytime during its validity as may be required in view
of business exigencies and/or changes by regulatory authority and/or statutory
changes and shall be binding on the subscriber.
29.
Even if one or more provisions of these terms are held to be
unenforceable under applicable law(s), the remainder of these terms shall be
valid and enforceable. These terms and conditions are governed by USA Laws.
All disputes arising out of this offer shall be subject to the jurisdiction of
courts at USA.
Copyright
Notice
© Toblay Ltd. 2018. All Rights reserved.
This disclaimer/terms of service notification is
subject to change without notice.