General terms – All Users
Welcome to FRABON (the “Platform”), which is provided by Frabon India Tech Solutions will be referred to as “FRABON”, “we” or “us”).
Platform user/subscriber are reading the terms of service (the “terms”), which govern the relationship and serve as an agreement between Platform user/ subscriber and us and set forth the terms and conditions by which Platform user/subscriber may access and use the Platform and our related websites, services, applications, products and (collectively, the “Services”). Our Services are provided for private, commercial use. For purposes of these Terms, “Platform user/subscriber” and “platform Customer” means Platform user/subscriber as the user/subscriber of the services.
The Terms form a legally binding agreement between Platform user/ subscriber and us. Please take the time to read them carefully.2. Accepting the terms
If Platform user/Subscriber access or use the Services from within a jurisdiction for which there are separate supplemental terms, Platform user/subscriber also hereby agree to the supplemental terms applicable to users in each jurisdiction as outlined below, and in the event of a conflict between the
provisions of the Supplemental Terms – Jurisdiction-Specific that are relevant to Platform user/subscriber are jurisdiction from which Platform user/ subscriber access or use the Services, and the rest of these Terms, the relevant jurisdictions’ Supplemental Terms – Jurisdiction-Specific will supersede and control. If Platform user/subscriber do not agree to these terms, Platform user / subscriber must not access or use our Services.
If Platform user/subscriber are accessing or using the services on behalf of a business or entity, then (a) “Platform user/subscriber ” and “Platform user/ subscriber are” includes Platform user/subscriber and that business or entity, (b) Platform user/subscriber represent and warrant that Platform user/ subscriber are an authorized representative of the business or entity with the authority to bind the entity to these terms, and that Platform user/subscriber agree to these Terms on the entity’s behalf, and (c) Platform user/subscriber are business or entity is legally and financially responsible for Platform user/ subscriber are access or use of the services as well as for the access or use of Platform user/subscriber are account by others affiliated with Platform user/ subscriber are entity, including any employees, agents or contractors.
Platform user/subscriber can accept the Terms by accessing or using our Services. Platform user/subscriber understands and agrees that we will treat Platform user/subscriber are access or use of the Services as acceptance of the Terms from that point onwards.
Platform user/subscriber should print off or save a local copy of the terms for Platform user/subscriber are records.3. Changes to the terms
We amend these Terms from time to time, for instance when we update the functionality of our Services, when we combine multiple apps or services operated by us or our affiliates into a single combined service or app, or when there are regulatory changes. We will use commercially reasonable efforts to generally notify all users of any material changes to these Terms, such as through a notice on our Platform, however, Platform user / Subscriber should look at the Terms regularly to check for such changes. We will also update the “Last Updated” date at the top of these Terms, which reflect the effective date of such Terms. Platform user / Subscriber r continued access or use of the Services after the date of the new Terms constitutes Platform user / Subscriber acceptance of the new Terms. If Platform user / Subscriber do not agree to the new Terms, Platform user / Subscriber must stop accessing or using the Services.4. Platform user/subscriber account with us
To access or use some of our Services, Platform user / Subscriber must create an account with us. When Platform user / Subscriber create this account, Platform user / Subscriber must provide accurate and up-to-date information. It is important that Platform user / Subscriber maintain and promptly update Platform user / Subscriber r details and any other information Platform user / Subscriber provide to us, to keep such information current and complete.
It is important that Platform user / Subscriber keep Platform user / Subscriber r account password confidential and that Platform user / Subscriber do not disclose it to any third party. If Platform user / Subscriber know or suspect that any third party knows Platform user / Subscriber r password or has accessed Platform user / Subscriber r account, Platform user / Subscriber must promptly notify us at feedback@FRABON.com.
Platform user / Subscriber agree that Platform user / Subscriber are solely responsible (to us and to others) for the activity that occurs under Platform user / Subscriber r account.
We reserve the right to disable Platform user / Subscriber r user account at any time, including if Platform user / Subscriber have failed to comply with any of the provisions of these Terms, or if activities occur on Platform user / Subscriber r account which, in our sole discretion, would or might cause damage to or impair the Services or infringe or violate any third party rights, or violate any applicable laws or regulations.
If Platform user / Subscriber no longer want to use our Services again, and would like Platform user / Subscriber r account deleted, we can take care of this for Platform user / Subscriber. Please contact us via feedback@FRABON.com, and we will provide Platform user / Subscriber with further assistance and guide Platform user / Subscriber through the process. Once Platform user / Subscriber choose to delete Platform user / Subscriber r account, Platform user / Subscriber will not be able to reactivate Platform user / Subscriber r account or retrieve any of the or information Platform user / Subscriber have added.5. Platform user/subscriber are access to and use of our services
Platform user/subscriber are access to and use of the services is subject to these terms and all applicable laws and regulations. Platform user/subscriber may not:
• access or use the services if Platform user/subscriber are not fully able and legally competent to agree to these terms;
• make unauthorised copies, modify, adapt, translate, reverse engineer, disassemble, decompile or create any derivative works of the Services or any included therein, including any files, tables or documentation (or any portion thereof) or determine or attempt to determine any source code, algorithms, methods or techniques embodied by the Services or any derivative works thereof;
• distribute, license, transfer, or sell, in whole or in part, any of the Services or any derivative works thereof;
• market, rent or lease the Services for a fee or charge, or use the Services to advertise or perform any commercial solicitation;
• use the Services, without our express written consent, for any commercial or unauthorized purpose, including communicating or facilitating any commercial advertisement or solicitation or spamming;
• interfere with or attempt to interfere with the proper working of the Services, disrupt our website or any networks connected to the Services, or bypass any measures we may use to prevent or restrict access to the Services;
• incorporate the Services or any portion thereof into any other program or product. In such case, we reserve the right to refuse service, terminate accounts or limit access to the Services in our sole discretion;
• use automated scripts to collect information from or otherwise interact with the Services;
• impersonate any person or entity, or falsely state or otherwise misrepresent Platform user / Subscriber or Platform user / Subscriber r affiliation with any person or entity, including giving the impression that any Platform user / Subscriber upload, post, transmit, distribute or otherwise make available emanates from the Services;
• intimidate or harass another, or promote sexually explicit material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
• use or attempt to use another’s account, service or system without authorisation from FRABON, or create a false identity on the Services;
• use the Services in a manner that may create a conflict of interest or undermine the purposes of the Services, such as trading reviews with other users or writing or soliciting fake reviews;
• use the Services to upload, transmit, distribute, store or otherwise make available in any way:
We reserve the right, at any time and without prior notice, to remove or disable access to at our discretion for any reason or no reason. Some of the reasons we may remove or disable access to may include finding the objectionable, in violation of these terms or our community policy, or otherwise harmful to the services or our users. Our automated systems analyze Platform user/subscriber are (including emails) to provide Platform user/subscriber personally relevant product features, such as customized search results, tailored advertising, and spam and malware detection. This analysis occurs as the is sent, received, and when it is stored6. Intellectual Property Rights
We respect intellectual property rights and ask Platform user/subscriber to do the same. As a condition of Platform user/subscriber are access to and use of the Services, Platform user/subscriber agree not to use the Services to infringe on any intellectual property rights as well as common law rights. We reserve the right, with or without notice, at any time and in our sole discretion to block access to and/or terminate the accounts of any user who infringes or is alleged to infringe any copyrights or other intellectual property rights.7. Content
As between Platform user / Subscriber and FRABON, all , software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music on and “look and feel” of the Services, and all intellectual property rights related thereto (the “FRABON ”), are either owned or licensed by FRABON, it being understood that Platform user / Subscriber or Platform user / Subscriber r licensors will own any User (as defined below) Platform user / Subscriber upload or transmit through the Services. Use of the FRABON or materials on the Services for any purpose not expressly permitted by these Terms is strictly prohibited. Such may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any purpose whatsoever without our or, where applicable, our licensors’ prior written consent. We and our licensors reserve all rights not expressly granted in and to their . Platform user / Subscriber acknowledge and agree that we may generate revenues, increase goodwill or otherwise increase our value from Platform user / Subscriber are use of the Services, including, by way of example and not limitation, through the sale of advertising, sponsorships, promotions, usage data and Gifts (defined below), and except as specifically permitted by us in these Terms or in another agreement Platform user / Subscriber enter into with us, Platform user / Subscriber will have no right to share in any such revenue, goodwill or value whatsoever. Platform user / Subscriber further acknowledge that, except as specifically permitted by us in these Terms or in another agreement Platform user / Subscriber enter into with us, Platform user / Subscriber (i) have no right to receive any income or other consideration from any User (defined below) or Platform user / Subscriber r use of any musical works, sound recordings or audiovisual clips made available to Platform user / Subscriber on or through the Services, including in any User created by Platform user / Subscriber , and (ii) are prohibited from exercising any rights to monetize or obtain consideration from any User within the Services or on any third party service ( e.g. , Platform user / Subscriber cannot claim User that has been uploaded to a social media platform such as Platform user / Subscriber Tube for monetization). Subject to the terms and conditions of the Terms, Platform user / Subscriber are hereby granted a non-exclusive, limited, non-transferable, non-sub licensable, revocable, worldwide license to access and use the Services, including to download the Platform on a permitted device, and to access the FRABON solely for Platform user / Subscriber r personal, non-commercial use through Platform user / Subscriber r use of the Services and solely in compliance with these Terms. FRABON reserves all rights not expressly granted herein in the Services and the FRABON . Platform user / Subscriber acknowledge and agree that FRABON may terminate this license at any time for any reason or no reason. NO RIGHTS ARE LICENSED WITH RESPECT TO SOUND RECORDINGS AND THE MUSICAL WORKS EMBODIED THEREIN THAT ARE MADE AVAILABLE FROM OR THROUGH THE SERVICE. Platform user / Subscriber acknowledge and agree that when Platform user / Subscriber view provided by others on the Services, Platform user / Subscriber are doing so at Platform user / Subscriber r own risk. The on our Services is provided for general information only. It is not intended to amount to advice on which Platform user / Subscriber should rely. Platform user / Subscriber must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the on our Services. We make no representations, warranties or guarantees, whether express or implied, that any FRABON (including User ) is accurate, complete or up to date. Where our Services contain links to other sites and resources provided by third parties, these links are provided for Platform user / Subscriber r information only. We have no control over the s of those sites or resources. Such links should not be interpreted as approval by us of those linked websites or information Platform user / Subscriber may obtain from them. Platform user / Subscriber acknowledge that we have no obligation to pre-screen, monitor, review, or edit any posted by Platform user / Subscriber and other users on the Services (including User ).
Users of the Services may be permitted to upload, post or transmit (such as via a stream) or otherwise make available through the Services including, any text, photographs, user videos, sound recordings and the musical works embodied therein, including videos that incorporate locally stored sound recordings from Platform user / Subscriber r personal music library and ambient noise (“User ”). Users of the Services may also extract all or any portion of User created by another user to produce additional User , including collaborative User with other users, that combine and intersperse User generated by more than one user. Users of the Services may also overlay music, graphics, stickers, Virtual Items (as defined and further explained in the “Supplemental Terms – Virtual Items Policy“) and other elements provided by FRABON (“FRABON Elements”) onto this User and transmit this User through the Services. The information and materials in the User , including User that includes FRABON Elements, have not been verified or approved by us. The views expressed by other users on the Services (including through use of the virtual gifts) do not represent our views or values. Whenever Platform user / Subscriber access or use a feature that allows Platform user / Subscriber to upload or transmit User through the Services (including via certain third party social media platforms such as Instagram, Facebook, Platform user / Subscriber Tube, Twitter,what’s up), or to make contact with other users of the Services, Platform user / Subscriber must comply with the standards set out at “Platform user / Subscriber r Access to and Use of Our Services” above. Platform user / Subscriber may also choose to upload or transmit Platform user / Subscriber User , including User that includes FRABON Elements, on sites or platforms hosted by third parties. If Platform user / Subscriber decide to do this, Platform user / Subscriber must comply with their guidelines as well as with the standards set out at “Platform user / Subscriber r Access to and Use of Our Services” above. Platform user / Subscriber warrant that any such contribution does comply with those standards, and Platform user / Subscriber will be liable to us and indemnify us for any breach of that warranty. This means Platform user / Subscriber will be responsible for any loss or damage we suffer as a result of Platform user / Subscriber r breach of warranty. Any User will be considered non-confidential and non-proprietary. Platform user / Subscriber must not post any User on or through the Services or transmit to us any User that Platform user / Subscriber consider to be confidential or proprietary. When Platform user / Subscriber submit User through the Services, Platform user / Subscriber agree and represent that Platform user / Subscriber own that User , or Platform user / Subscriber have received all necessary permissions, clearances from, or are authorised by, the owner of any part of the to submit it to the Services, to transmit it from the Services to other third party platforms, and/or adopt any third party . If Platform user / Subscriber only own the rights in and to a sound recording, but not to the underlying musical works embodied in such sound recordings, then Platform user / Subscriber must not post such sound recordings to the Services unless Platform user / Subscriber have all permissions, clearances from, or are authorised by, the owner of any part of the to submit it to the Services Platform user / Subscriber or the owner of Platform user / Subscriber r User still own the copyright in User sent to us, but by submitting User via the Services, Platform user / Subscriber hereby grant us an unconditional irrevocable, non-exclusive, royalty-free, fully transferable, perpetual worldwide licence to use, modify, adapt, reproduce, make derivative works of, publish and/or transmit, and/or distribute and to authorise other users of the Services and other third-parties to view, access, use, download, modify, adapt, reproduce, make derivative works of, publish and/or transmit Platform user / Subscriber r User in any format and on any platform, either now known or hereinafter invented. Platform user / Subscriber further grant us a royalty-free license to use Platform user / Subscriber r user name, image, voice, and likeness to identify Platform user / Subscriber as the source of any of Platform user / Subscriber are User . For the avoidance of doubt, the rights granted in the preceding paragraphs of this Section include, but are not limited to, the right to reproduce sound recordings (and make mechanical reproductions of the musical works embodied in such sound recordings), and publicly perform and communicate to the public sound recordings (and the musical works embodied therein), all on a royalty-free basis. This means that Platform user / Subscriber are granting us the right to use Platform user / Subscriber r User without the obligation to pay royalties to any third party, including, but not limited to, a sound recording copyright owner (e.g., a record label), a musical work copyright owner (e.g., a music publisher), a performing rights organization (e.g., ASCAP, BMI, SESAC, etc.) (a “PRO”), a sound recording PRO (e.g., Sound Exchange), any unions or guilds, and engineers, producers or other royalty participants involved in the creation of User .
pecific Rules for Musical Works and for Recording Artists. If Platform user / Subscriber are a composer or author of a musical work and are affiliated with a PRO, then Platform user / Subscriber must notify Platform user / Subscriber r PRO of the royalty-free license Platform user / Subscriber grant through these Terms in Platform user / Subscriber r User to us. Platform user / Subscriber are solely responsible for ensuring Platform user / Subscriber r compliance with the relevant PRO’s reporting obligations. If Platform user / Subscriber have assigned Platform user / Subscriber r rights to a music publisher, then Platform user / Subscriber must obtain the consent of such music publisher to grant the royalty-free license(s) set forth in these Terms in Platform user / Subscriber r User or have such music publisher enter into these Terms with us. Just because Platform user / Subscriber authored a musical work (e.g., wrote a song) does not mean Platform user / Subscriber have the right to grant us the licenses in these Terms. If Platform user / Subscriber are a recording artist under contract with a record label, then Platform user / Subscriber are solely responsible for ensuring that Platform user / Subscriber r use of the Services is in compliance with any contractual obligations Platform user / Subscriber may have to Platform user / Subscriber r record label, including if Platform user / Subscriber create any new recordings through the Services that may be claimed by Platform user / Subscriber are label.
Through-To-The-Audience Rights. All of the rights Platform user / Subscriber grant in Platform user / Subscriber r User in these Terms are provided on a through-to-the-audience basis, meaning the owners or operators of third party services will not have any separate liability to Platform user / Subscriber or any other third party for User posted or used on such third party service via the Services.
Waiver of Rights to User . By posting User to or through the Services, Platform user / Subscriber waive any rights to prior inspection or approval of any marketing or promotional materials related to such User . Platform user / Subscriber also waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with Platform user / Subscriber r User , or any portion thereof. To the extent any moral rights are not transferable or assignable, Platform user / Subscriber hereby waive and agree never to assert any and all moral rights, or to support, maintain or permit any action based on any moral rights that Platform user / Subscriber may have in or with respect to any User Platform user / Subscriber Post to or through the Services. We also have the right to disclose Platform user / Subscriber r identity to any third party who is claiming that any User posted or uploaded by Platform user / Subscriber to our Services constitutes a violation of their intellectual property rights, or of their right to privacy. We, or authorised third parties, reserve the right to cut, crop, edit or refuse to publish, Platform user / Subscriber are at our or their sole discretion. We have the right to remove, disallow, block or delete any posting Platform user / Subscriber make on our Services if, in our opinion, Platform user / Subscriber r post does not comply with the standards set out at “Platform user / Subscriber r Access to and Use of Our Services” above. In addition, we have the right – but not the obligation – in our sole discretion to remove, disallow, block or delete any User (i) that we consider to violate these Terms, or (ii) in response to complaints from other users or third parties, with or without notice and without any liability to Platform user / Subscriber. As a result, we recommend that Platform user / Subscriber save copies of any User that Platform user / Subscriber post to the Services on Platform user / Subscriber r personal device(s) in the event that Platform user / Subscriber want to ensure that Platform user / Subscriber have permanent access to copies of such User . We do not guarantee the accuracy, integrity, appropriateness or quality of any User , and under no circumstances will we be liable in any way for any User . Platform user / Subscriber control whether Platform user / Subscriber r User is made publicly available on the Services to all other users of the Services or only available to people Platform user / Subscriber approve. To restrict access to Platform user / Subscriber r User , Platform user / Subscriber should select the privacy setting available within the Platform. We accept no liability in respect of any submitted by users and published by us or by authorised third parties. If Platform user / Subscriber wish to complain about information and materials uploaded by other users please contact us at: feedback@FRABON.com. FRABON takes reasonable measures to expeditiously remove from our Services any infringing material that we become aware of. It is FRABON’s policy, in appropriate circumstances and at its discretion, to disable or terminate the accounts of users of the Services who repeatedly infringe copyrights or intellectual property rights of others. While our own staff is continually working to develop and evaluate our own product ideas and features, we pride ourselves on paying close attention to the interests, feedback, comments, and suggestions we receive from the user community. If Platform user / Subscriber choose to contribute by sending us or our employees any ideas for products, services, features, modifications, enhancements, , refinements, technologies, offerings (such as audio, visual, games, or other types of ), promotions, strategies, or product/feature names, or any related documentation, artwork, computer code, diagrams, or other materials (collectively “Feedback”), then regardless of what Platform user / Subscriber r accompanying communication may say, the following terms will apply, so that future misunderstandings can be avoided. Accordingly, by sending Feedback to us, Platform user / Subscriber agree that:
Platform user / Subscriber agree to defend, indemnify, and hold harmless FRABON, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents and advisors from any and all claims, liabilities, costs, and expenses, including, but not limited to, attorneys’ fees and expenses, arising out of a breach by Platform user / Subscriber or any user of Platform user / Subscriber r account of these Terms or arising out of a breach of Platform user / Subscriber r obligations, representation and warranties under these Terms.9. Exclusion Of Warranties
Nothing in these terms shall affect any statutory rights that platform user / subscriber cannot contractually agree to alter or waive and are legally always entitled to as a consumer. The services are provided “as is” and we make no warranty or representation to platform user / subscriber with respect to them. In particular we do not represent or warrant to platform user / subscriber that:
No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the services except to the extent that they are expressly set out in the terms. We may change, suspend, withdraw or restrict the availability of all or any part of our platform for business and operational reasons at any time without notice10. Limitation of Liability
Nothing in these terms shall exclude or limit our liability for losses which may not be lawfully excluded or limited by applicable law. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
Please note that we only provide our platform for domestic and private use. platform user agree not to use our platform for any commercial or business purposes, and we have no liability to platform user / subscriber for any loss of profit, loss of business, loss of goodwill or business reputation, business interruption, or loss of business opportunity.
We will not be liable for damage that platform user / subscriber could have avoided by following our advice to apply an update offered to platform user / subscriber free of charge or for damage that was caused by platform user / subscriber failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
These limitations on our liability to platform user / subscriber shall apply whether or not we have been advised of or should have been aware of the possibility of any such losses arising.
Platform user / subscriber are responsible for any mobile charges that may apply to platform user / subscriber r use of our service, including text-messaging and data charges. if platform user / subscriber ’re unsure what those charges may be, platform user / subscriber should ask platform user / subscriber r service provider before using the service.
To the fullest extent permitted by law, any dispute platform user / subscriber have with any third party arising out of platform user / subscriber r use of the services, including, by way of example and not limitation, any carrier, copyright owner or other user, is directly between platform user / subscriber and such third party, and platform user / subscriber irrevocably release us and our affiliates from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.