TERMS AND CONDITIONS

SRAAVYAM ASSOCIATES WEBSITE AND SERVICES

TERMS AND CONDITIONS LAST UPDATED : Jan. 23, 2014

These terms and conditions (the “Terms”) govern your access to and use of Sraavyam Associates websites and services. By accessing or using the Site, you are agreeing to these Terms to enter into a legally binding contract with Sraavyam Associates (“Sraavyam”). Before you proceed, it is important that you read carefully and understand the Terms. Do not have access or use the Site if you are unwilling or unable to be bound by the Terms.

Any references to “you” and “your” refer to you, as a user of the Site. References to “we”, “company”, “us” and “our” refer to Sraavyam/Sraavyam.com/Sraavyam Associates whose registered office is Flat 5 and 6, Manasa Apartments, Nandanam Ext 2nd Street Nadanam, chennai, 600035, Tamilnadu, INDIA. Our company registration number is 261, registered at chennai.

1. CHANGES TO THE TERMS AND CONDITIONS AND PRIVACY POLICY:

We may modify the Terms from time to time. When modifications are made from time to time, you will be notified by making the revised version available with the date indicated (on top) on which the revisions were last made. All material modifications will apply prospectively only. You should revisit these Terms on a regular basis as revised versions will be binding on you. Any such modification will be effective upon our posting of new Terms. You understand and agree that your continued access to or use of the Site after any posted modification to the Terms indicates your acceptance of the modification.

Sraavyam is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, and then you can be assured that it will only be used in accordance with this privacy statement.

What we collect

We may collect the following information:

·          name and job title

·          contact information including email address

·          demographic information such as postcode, preferences and interests

·          other information relevant to customer surveys and/or offers

What we do with the information we gather

We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:

  • Internal record keeping.
  • We may use the information to improve our products and services.
  • We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided.
  • From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail. We may use the information to customise the website according to your interests.

2.USING THE SITE :

A. Permission to use the site: Permission is granted to use the the Site: We grant you permission to use the Site subject to the restrictions in these Terms. We may terminate your permission to use the Site for any conduct considered inappropriate, or for your breach of these Terms, including the Restrictions listed in paragraph 4.

  • The content of the pages of this website is for your general information and use only. It is subject to change without notice.
  • Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
  • Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

B.Site Availability: The Site may be modified, updated, interrupted, suspended or discontinued at any time, for any or no reason, without notice or liability to Sraavyam.

2A. SECURITY

We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.

 User Accounts: You must register to use part of the Site. We may reject or require that you change any user name, password or other information that you provide to us in registering. You are responsible for the personal and confidential use of your user name and password, and you agree to promptly notify us of any confidentiality breach or unauthorized use of your user name and password, or your Site account. We reserve the right to close your account at any time, at our sole discretion, for any reason whatsoever. We also reserve the right to reveal your identity (including whatever information we know about you) in the event of a complaint or legal action arising from any message posted by you or when necessary to protect safety and security.

How we use cookies

A cookie is a small file which asks permission to be placed on your computer's hard drive. Once you agree, the file is added and the cookie helps analyses web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.

We use traffic log cookies to identify which pages are being used. This helps us analyses data about webpage traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.

Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.

You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.

Links to other websites

Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.

Controlling your personal information

You may choose to restrict the collection or use of your personal information in the following ways:

  • whenever you are asked to fill in a form on the website, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes
  • if you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing us at support@sraavyam.com

We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.

You may request details of personal information which we hold about you under the Data Protection Act 1998. A small fee will be payable. If you would like a copy of the information held on you please write to [address].

If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible, at the above address. We will promptly correct any information found to be incorrect.

3.CONTENT :

A.Responsibility for Your Content: You are solely responsible for the content and content of your messages, and you agree to indemnify and hold harmless Sraavyam and our agents with respect to any claim based upon the transmission of your content and message(s) and/or posting(s). It is within our right to remove any messages for any or no reason whatsoever.

B.Ownership: All material on the Site, including, but not limited to, text, data, graphics, logos, button icons, images, audio clips, video clips, links, digital downloads, data compilations, and software is owned, controlled by, or licensed to Sraavyam and is protected by copyright, trademark, and other intellectual property rights. Material on the Site is made available for your personal, non commercial use only and may not be copied, reproduced, republished, modified, uploaded, posted, transmitted, or distributed in any way, including by e­mail or other electronic means, without the express prior written consent of Sraavyam every time . You may download the material made available for downloading from the Site for your personal, non­commercial use only, provided that you keep intact any and all copyright and other proprietary notices that may appear on such materials.

3A. ROYALTIES (Applicable to Artistes and Content Providers) :

A. The company shall pay royalty to the artistes/content providers involved in the the content based on whatever amount has accrued over the sale of the content.

B. The accrual will be calculated after deduction of applicable taxes and applicable charges which may vary from time to time.

C. The percentage share for each artiste shall be decided at the time of uploading the digital content. The decision regarding share value is final and cannot be changed.

D. The company shall send a statement of accrual to all the artistes 3 times in a year and in the months of April, August and December.

EAll downloadable, purchasable content in our site published in our site is made available only after the content is electronically approved by the provider of the content and the artistes/creators involved.

F.Once the content is approved, it cannot be disapproved later at any at point of time.

4.RESTRICTIONS :

The following rules, policies, and disclaimers shall apply to and/or govern your use of the Site (including but not limited to the content download and streaming services provided on this Site). We do not review every message or confirm the accuracy or validity of information posted. We do not monitor and review the contents of any every message and are not responsible for the validity, accuracy, completeness or usefulness of any message or information posted. The contents of the postings do not represent the views of Sraavyam, its labels, or any person or entity associated with Sraavyam. If you feel that any posting is

objectionable, we encourage you to contact us by e­mail. We will make every effort to remove objectionable content if we feel it deemed to be removed. Please understand that removal or editing of any posting is a manual process and might not occur immediately.

A.You agree not to, and will not assist, encourage, or enable others to use the Site to:

i.Post any material that is knowingly false and/or defamatory, inaccurate, abusive, vulgar, obscene, profane, hateful, harassing, sexually oriented, threatening, invasive of anyone’s privacy, or otherwise in violation of any law;

ii.Post or transmit any material in violation of a third party’s copyright or other intellectual property or proprietary rights;

iii.Post or transmit any information or software that contains a virus, worm, defects, Trojan horses or other items of a harmful, disruptive or deleterious nature;

iv.Engage in commercial activity (including, but not limited to, sales, contests or sweepstakes) without Sraavyam’s prior written consent;

v.Solicit, request or collect personal information for commercial or unlawful purposes;

vi.Solicit personal information from minors;

vii.Send bulk e­mails, surveys, or other mass messaging, whether commercial in nature or not;

viii.Engage in keyword spamming, or otherwise attempt to manipulate the Site’s search results; or

ix.Impersonate any other individual or entity.

B.You will also agree not to assist, encourage, or enable others to:

i.Restrict or inhibit any other user from using and enjoying the Site (for examples, by means of hacking or defacement);

ii.Utilize any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape or index any portion of the Site;

iii.Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Site or on any materials printed or copied from the Site;

iv.Record, process or mine information about other users;

v.Reformat or frame any portion of the Site;

i.Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on Sraavyam’s technology

infrastructure or otherwise make excessive traffic demands of the Site;

ii.Attempt to gain unauthorized access to the Site, user accounts, computer systems or networks connected to the Site through hacking, password mining or any other means;

iii.Use any device, software or routine that interferes with the proper working of the Site, or otherwise attempt to interfere with the proper working of the Site;

iv.Use the Site to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Site; or

x.Remove, circumvent, disable, damage or otherwise interfere with any security­related features of the Site, features that prevent or restrict the use or copying of Site content or features that enforce limitations on the use of the Site.

5. THIRD PARTIES :

The Site may include links to other websites or applications (each, a “Third Party Site”). Unless otherwise noted, Sraavyam does not operate, control or endorse any information, products, or services on any Third Party Site. We are not responsible for the availability or contents of any Third Party Sites and that your use of any Third Party Site is at your own risk.

6. INDEMNIFICATION :

You agree to indemnify, defend and hold harmless Sraavyam and its affiliated companies, officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including but not limited to reasonable attorneys’ fees, resulting from (i) your access to or use of the Site, (ii) your violation of the Terms, (iii) your use of any products or services purchased or obtained by you in connection with the Site, or (iv) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. Sraavyam reserves the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

7. WARRANTY DISCLAIMER AND LIMITATIONS OF LIABILITY :

READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF SRAAVYAM AND ITS SUBSIDIARIES, AFFILIATES, AND LICENSORS. EACH OF THESE SUB­SECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED.

A.THE SITE IS MADE AVAILABLE TO YOU ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS. YOUR USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK. SRAAVYAM MAKES NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE SITE, ITS SAFETY OR SECURITY, OR THE SITE CONTENT.

ACCORDINGLY, SRAAVYAM IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM YOUR USE OF THE SITE.

B.SRAAVYAM EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR

IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON­INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE.

C.SRAAVYAM, ITS AFFILIATES, AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE OR ANY THIRD PARTY SITE. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SITE, RELATED SERVICES AND/OR ANY THIRD PARTY SITE SHALL BE YOUR TERMINATION OF ACCESS TO, OR USE OF THE SITE.

D.SRAAVYAM DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED ON THE SITE WILL BE UNINTERRUPTED OR ERROR­FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR ANY THIRD PARTY SITE, OR THE SERVERS THAT MAKE THEM AVAILABLE, ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

E.SRAAVYAM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THE SITE OR ANY THIRD PARTY SITE.

F.SRAAVYAM MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING HOW OFTEN THE MATERIALS OR INFORMATION POSTED ON THE SITE WILL BE UPDATED (IF AT ALL) OR THE NUMBER OR IDENTIFICATION OF THE RECORDING ARTISTES OR OTHER INDIVIDUALS (IF ANY) THAT WILL BE FEATURED ON THE SITE.

8. MAKING PURCHASES, CANCELLATION AND REFUND :

If you wish to purchase products or services described on the Site, you may be asked to supply certain information including credit card or other payment information. By initiating a transaction you warrant and represent that you

(A) are eighteen (18) years of age or older and

(B) have the legal right to use the payment means you select. All information that you provide will be accurate, complete and current. You agree to pay all charges, including shipping and handling charges, incurred by users of your credit card or other payment mechanism at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases. Sraavyam will be entitled to change the pricing and

availability of any particular product(s) or service(s) without prior notice at any time. Sraavyam does not offer refunds in the event of temporary or permanent price drops following purchase at higher prices. All sales of digital content are final.

9. SHIPPING AND DELIVERY :

All the content sold through this site are digital content only. There is no physical delivery of items to a specific geographical location. When a purchase is made, download links will be made available in the order history page and the purchased content can be downloaded by clicking on the provided links. There are no restrictions to the number of times an item may be downloaded, however sraavyam will monitor the time and count of the downloads continuously and might disable the links if excessive downloads of the same link is detected.

Download links for some of the content may not be readily available after a purchase. This is because we transfer the content to our secure server on demand. This may take from 10-15 minutes afte the purchase is made. In case, the links do not get enabled, support@sraavyam.com may be contacted.

10. CHOICE OF LAW AND VENUE :

These Terms shall be governed by, and construed in accordance with, the laws of the Jurisdiction of Chennai Courts and waives any jurisdictional, venue, or inconvenient forum objections to such courts. Each party further agrees as follows: (i) any claim brought to enforce these Terms must be commenced within two (2) years of the cause of action accruing; (ii) no recovery may be sought or received for damages other than out­of­pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees; and (iii) any claim must be brought individually and not consolidated as part of a group or class action complaint.

11. RULES FOR PROMOTIONS :

Any contests, sweepstakes, surveys, games or similar promotions (collectively “Promotions“) made available through the Site may be governed by specific rules that are separate from these Terms. By participating in any such Promotions, you will become subject to those rules, which may vary from the Terms set forth herein. Sraavyam advises you to review carefully any specific rules applicable to a particular Promotion and to review our Privacy Policy which, in addition to these Terms, governs any information you submit in connection with such activities. To the extent that the rules for a Promotion conflict with these Terms, the Promotion rules shall control.

12. VOID WHERE PROHIBITED :

Although this Site is accessible worldwide, not all products or services discussed or referenced on this Site are available to all persons or in all geographic locations. Sraavyam reserves the right to limit, in its sole discretion, the provision and quantity of any product or service to any person or geographic area it so desires. Any offer for any product or service made in this Site is void where prohibited.

13.GENERAL TERMS :

A.In the event that any of the provisions of the Terms are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect.

B.The Terms contain the entire agreement between you and us regarding the use of the Site, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.

C.We may provide you with notices, including those regarding changes to the Terms by e­mail regular Mail or communications through the Site.

D.Any failure by Sraavyam to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

E.The Terms are not assignable, transferable or sub­licensable by you except with Sraavyam’s prior written consent, but may be assigned or transferred by us without restriction. Any assignment attempted to be made in violation of the Terms shall be void.

F.The section titles in the Terms are for convenience only and have no legal or contractual effect.