Last updated: August 23, 2021
Welcome to EIGHT!
These terms and conditions outline the rules and regulations for the use of EIGHT’s application and web portal (“App/ Application”), on all web browsers across devices and Android and iOS mobile devices, located on the app stores including but not limited to Google Playstore and Apple App Store.
Any use of the above terminology or other words in the singular, plural, capitalization, and/or he/she or they, are taken as interchangeable and therefore as referring to same. The present Terms, which shall form a binding agreement upon the Users, are produced in the English language. The present Terms in English, i.e. the original language, shall take precedence over any translation of the present Terms along with all other policies and resources provided herewith.
You are reading the Terms of Service (the “Terms”), which govern the relationship and serve as an agreement between You and Us and set forth the terms and conditions by which You may access and use the App and our services, products, and content (collectively, the “Services”). Access to certain Services or features of the Services (such as, by way of example and not limitation, the ability to submit or share User Content (defined below)) may be subject to age restrictions and may not be available to all Users of the Services. Our Services are provided for private, non-commercial use. Any and all resulting content by the Users shall be royalty-free in nature.
You also acknowledge and understand that the present Terms along with all Policies and resources, form an agreement between You and Us only in relation to Your use of Our Services. However, you also understand and accept that this agreement in no way, either implicitly or explicitly, creates any joint venture, partnership, employment, agency relationship, or any other commercial-business relationship of any manner whatsoever between You and Us.
The present Terms and Conditions form a legally binding agreement between You and Us. It is hereby strongly advised that You read the present document carefully, as continuing to use our services would entail an unequivocal consent of all the terms mentioned herewith. If You are under the age of 18 (Eighteen), it shall be construed that You are using the services with the express consent of Your parent or legal guardian. Although the platform shall be available to the public at large, an age restriction of 13 (thirteen) years for the Users has been mandated to promote healthy and sound content consumption. This means that no person under the age of 13 shall be allowed to use the services related to Our Web Portal or App. For persons in the age group of 13-18 (thirteen to eighteen), it is recommended and mandated that Your parent or legal guardian review and discussed these Terms with You. However, if by virtue of Your local law, You are necessitated and required to be of a certain age, that is above 13 (thirteen) years to use any such services as offered by Our Web Portal or App, then such law shall take precedence over this clause and any usage of Our services not in consonance with the local laws would only form a liability upon such person going against the local law and no liability would fall upon Us. By accessing the App or Web Portal, You accept these Terms and Conditions. Discontinue the use of this App or Web Portal if at any point You do not agree to or accept all of the present Terms and Conditions which are subject to amendment from time to time.
This agreement in no way enables or allows You to copy, or modify the Web Portal or the App, any part of the Web Portal or App, our trademarks, or any other IP in any way. No term or document available on our Web Portal or App, including the present agreement, allows You to extract the source code of the Web Portal or App, and You are also barred from translating the Web Portal or App into other languages or make derivative versions. The Web Portal and App itself, and all the trademarks, copyright, database rights, and other intellectual property rights related to it, belong exclusively to EIGHT and at no time is waivered through any terms, policies, or documents provided on Our Web Portal and App.
If You are accessing or using the Services on behalf of a business or entity, then (a) “You” and “Your” includes You and that business or entity, (b) You represent and warrant that You are an authorized representative of the business or entity with the authority to bind the entity to these Terms and that You agree to these Terms on the entity’s behalf, and (c) your business or entity is legally and financially responsible for Your access or use of the Services as well as for the access or use of Your account by others affiliated with Your entity, including any employees, agents or contractors.
You can accept the Terms by accessing or using Our Services. You understand and agree that we will treat Your access or use of the Services as acceptance of the Terms from that point onwards.
You should print or save a local copy of the present Terms and Conditions for Your records.
This document, i.e., these present terms, are subject to amendment from time to time, for instance when We update the functionality of Our Services, 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 App in a prominent place, however, You 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 amended Terms.
EIGHT is committed to ensuring that the Web Portal and App are as useful and efficient as possible. For that reason, we reserve the right to charge for its Services, at any time and for any reason. We will never charge You for the Our Services without making it explicit and clear as to when and why such charges shall be levied upon You and Your usage of our Web Portal and/or App.
Your continued access or use of the Services after the date of the new Terms constitutes Your acceptance of the new Terms. If You do not agree to the new Terms, You must stop accessing or using Our Services.
We, at EIGHT, respect and uphold all intellectual property rights and expect You to do the same. As a condition of Your access to and use of the Services, You agree not to use the Services to infringe any intellectual property rights which do not belong to You unless you have express permission from the proprietor of such intellectual property to do so. 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.
To access and use Our Services, You must create an account with Us, i.e., on the Web Portal or App. When You create this account, You must provide accurate and up-to-date information. It is important that You maintain and promptly update Your details and any other information You provide to Us, to keep such information current and complete. The present Terms are also accessible to You on the Web Portal and App at all times. It is important that You keep Your account password confidential and that You do not disclose it to any third party. We shall not be liable under any circumstance for Your account being hacked or used by any third party, be it by negligence on Your part or caused by any other reason. If You know or suspect that any third party knows Your password or has accessed Your account, You must notify Us immediately at email@example.com as well as change Your account password if the same is still accessible by You.
We reserve the right to, at any time and at our own discretion, remove, rename, reassign, cancel or ask to change any User account name, tag, related imagery, or links whenever deemed appropriate by Us. This may be done by us with or without notice and with no obligation to give a reason for such actions. However, in case We attempt to give such notice through reasonable channels such as email, texts, or in-account notifications and the same is not received and/or acknowledged by the User, then no future liability shall be created upon us towards You or any third-party.
You agree that You are solely responsible (to Us and to others) for the activity that occurs through Your account on Our platform.
If You no longer want to use Our Services and would like Your account deleted, contact Us at firstname.lastname@example.org. We will provide You with further assistance and guide You through the process. You may also delete Your Account through Our Web Portal and Application by accessing the account settings. It is pertinent to note that once You choose to delete your account, You will not be able to reactivate Your account.
Users of the Services may be only permitted to transmit (via. streaming) i.e. make available content through Our Services by way of sound recordings and musical works, and live audio (“User Content”). You must ensure that Your Content, and Your conduct, comply with the acceptable use terms set forth in this Section. The information and materials in the User Content have not and will not be verified or approved by Us. The views expressed by other Users through the Services do not represent Our views or values but EIGHT may (but is not obligated to) monitor Your account, content, and conduct, regardless of your privacy settings. We may remove or limit access or availability to any content or account that We consider in good faith to violate this policy.
In general, no User shall use Our Services in any manner that is illegal with respect to the laws in force in Your region as well as the laws of the Union of India, further including any use that We, in Our sole discretion, deem to be illegal, inappropriate, harmful to EIGHT’s reputation, or in violation of the legal or contractual rights of the Web Portal and App or any third party. This Policy sets forth examples of certain prohibited conduct, but such examples are for purposes of illustration and do not limit Our right to deem other conduct to be in violation of the present terms. You warrant that any contribution/ User Content that does not comply with acceptable standards will lead to the termination of the User account and You will be liable to Us and indemnify Us for any breach of that warranty. You will be responsible for any loss or damage We suffer as a result of Your breach of the warranty or any such act that puts Us or the platform in jeopardy of any legal or non-legal claim.
Any User Content will be considered non-confidential. You must not stream any User Content on or through Our Services that You consider to be confidential or proprietary to any other person. You may only upload content that You have the right to upload and share. When You submit User Content through Our Services, You agree and represent that You own that User Content or You have received all necessary permissions (including any necessary licenses), clearances from, or are authorized by, the owner of any part of the content to submit such User Content to Our Services, and/or to otherwise make any use of such User Content on or through Our Services.
For Example: If You only own the rights in and to a sound recording, but not to the underlying musical works embodied in such sound recordings, then You must not stream or otherwise make available such sound recordings through the Services unless You have all permissions (including any necessary licenses), clearances from, or are authorized by, the owner of any part of the content to submit it to the Services.
Copyright owners may send Us a takedown notice if they believe EIGHT is hosting infringing materials. All streamed content will be stored and retained in our backend storage for a period of thirty (30) days for reference and redressal purposes in relation to any claims made against User content.
We will, in appropriate circumstances, terminate the accounts of Users who repeatedly infringe and are struck down by either Us or any other User, three times. EIGHT, in its sole discretion, has the right to strike Your account for a period of 24 (twenty- four) (‘Strike-Down Period”) hours, in case of any violations brought to Our notice. Granted, You shall be given a right to be heard during the Strike-Down Period and in case there is no violation found, as per the discretion of EIGHT, Your account shall be restored.
You may not stream any content which may be construed as illegal, offensive, defamatory, including but not limited to the following:
In using Our Services, You may not:
You will not:
You may not create or maintain an account if You are a member of a terror or hate group. Further, You may not create or maintain an account if you are (a) located in a country that has been designated by the Indian Government as a terrorist-supporting country; or (b) listed on any Indian Government list of restricted parties.
If You discover any content on the Web Portal or App that You believe infringes Yours or any third-party’s IP including copyright, please report the same to Us using any of the methods outlined on Our Web Portal or App.
If You would prefer to send Us Your own written notification, please make sure that you include the following information:
Your notice should be sent to us by email at email@example.com.
Once a User Account is reported to Us, We shall temporarily suspend the Account until the matter is assessed and resolved and the User is made to give his/her statement with respect to the same which shall be recorded for any future claims or references.
A specific scale has been assigned to such reporting methods for assessing the period of suspension and the degree of seriousness required to deal with it. The following are mere examples to help the User realize the degree of action that may be taken against them in case their account is ever reported:
A 24-hour suspension will happen by default on all accounts that are reported. The account can be reactivated by a plain acknowledgment by the User of the claims/complaint made against their account. An acknowledgment would mean acceptance of the claim and an unequivocal statement to not perpetuate the activities that invoked such claim/complaint. Such acceptance would also attach a “Strike” to the User’s account and after one (1) to three (3) strikes received on an account, depending upon the seriousness of the matter, the account shall be permanently deleted at Our sole discretion. However, if the User does not acknowledge and accept the reason for the reporting, the User will have to submit a counterclaim or a show cause notice which shall be assessed by Us, and the account may then be reactivated or be given a strike with or without increased suspension at Our sole discretion.
Any User found to do or propagate the following shall have their Account deleted after three strikes-
Any User found to do or propagate the following shall have their Account deleted after the first instance of such reporting, however an option of providing a show cause shall be afforded upon such User to make a case for keeping the account active:
However, You shall be solely responsible for any form of interaction with another user over the Web Portal or App. Any discrepancy, issue, complaint arising out of such interaction, if not of the nature as mentioned exclusively in the present Terms, shall be resolved by the User(s) themselves. We have and hold no obligation to intervene or set right such matters, however, this in no way takes away our right to resolve such matters at our discretion, without invoking any responsibility or liability.
Parts of this Web Portal and App offers an opportunity for Users to stream music and audio information on and in the Web Portal and App. EIGHT does not filter, edit, publish or review such content prior to their presence on the Web Portal or App. Content streamed and made available does not reflect the views and opinions of EIGHT, its agents, and/or affiliates. The content reflects the views and opinions of the person (User) who makes available such content. To the extent permitted by applicable laws, EIGHT shall not be liable for the content or for any liability, damages, or expenses caused and/or suffered as a result of any use of and/or making available of and/or appearance of the content on the Web Portal or App.
EIGHT reserves the right to monitor all content and to remove any content which can be considered inappropriate, offensive, or causes breach of these Terms and Conditions.
EIGHT is a free Web Portal and App but it may change the features of any type of account, may withdraw or, or introduce new features, products, or types of account at any time and for any reason, and may start charging or change the prices charged for any of its accounts from time to time. In the event of any such change in pricing will be communicated to You and will only take effect from the start of the subsequent month or such a date that shall be notified to You either through e-mail or shall be posted in a prominent place on the Web Portal or App. You will have no obligation to continue using the Web Portal or App following any such notification, but if You do not terminate/ delete Your account as per the given timeline, Your continued use of Your account will constitute Your acceptance of such changes.
You have the option to delete/ terminate Your account at a given period of time without giving Us any notice.
If You breach this Agreement, We may, at Our option: (a) terminate this Agreement immediately, with or without advance written notice; (b) suspend, delete, or limit access to Your account or any User Content within it. If We delete Your account for breach, You may not re-register.
Once Your account has been terminated either by You or Us, any and all data residing in Your account or pertaining to activity from Your account will be irretrievably deleted by Us, except to the extent that We are obliged or permitted to retain such content, data or information for a certain period of time in accordance with applicable laws and regulations and/or to protect Our legitimate business interests.
If Your account is terminated either by You or Us, You promise to not use any intellectual property, any information made available to You through the Web Portal or App, which belongs to EIGHT or any other User and in turn warrant to destroy it as per the directions of EIGHT.
Nothing in these Terms shall exclude or limit Our liability for losses that may not be lawfully excluded or limited by applicable law.
Subject to the paragraph above, we shall not be liable to you for:
Any loss or damage which may be incurred by You as a result of:
Please note that We only provide Our Web Portal and App for domestic and private use. You agree not to use Our Web Portal or App for any commercial or business purposes, and We have no liability to You for any loss of profit, loss of business, loss of goodwill or business reputation, business interruption, or loss of business opportunity.
You hereby agree to indemnify, defend and hold harmless EIGHT, its successors, assigns, affiliates, agents, directors, officers, employees, and shareholders from and against any and all claims, obligations, damages, losses, expenses, and costs, including reasonable attorneys’ fees, resulting from:
EIGHT may assign its rights and (where permissible by law) its obligations under this Agreement, in whole or in part, to any third party at any time without notice, including without limitation, to any person or entity acquiring all or substantially all of the assets or business of EIGHT. You may not assign this Agreement or the rights and duties hereunder, in whole or in part, to any third party without Our prior written consent.
Should one or more provisions of these Terms be found to be unlawful, void or unenforceable under any law that is applicable hereto or if any court of competent jurisdiction in a final decision so determines, these Terms and Conditions shall continue in force save that such provision shall be deemed to be deleted. This means that such provision(s) shall be deemed severable and will not affect the validity and/or enforceability of the remaining provisions of the Terms, which will remain in full force and effect.
These present Terms and conditions, together with Our other Policies and resources, attachments, amendments, annexure, and schedules, if any, constitutes the complete and exclusive understanding with respect to the subject matter, i.e. Your use of the Web Portal and/or App and constitute the entire agreement between You and Us, and supersede any prior agreement between You and Us. Any modifications to this Agreement shall be made in writing and duly notified.
These present Terms are not intended to give rights to anyone except You and Us. This does not affect Our right to transfer Our rights or obligations to a third party as described in the Assignment clause above.
Your usage of Our Web Portal and App and all services therewith implies an unequivocal consent of receiving notifications and updates from us, with or without prompts from your end, via. emails, push notifications, and text messages.
Your usage of Our services is made possible through User identification methods that require you to share your Contact number and E-mail ID for authentication. In doing so, you also agree and consent to us using your information to send you updates and information that may be promotional in nature. You may discontinue from receiving such text and/or emails through the ‘unsubscribing’ option provided on Our Web Portal or App. However, we strongly recommend that you continue to receive information from our end to stay updated with respect to Our services’ latest features and offers. The frequency of such updates and notifications would vary with regards to our Web Portal’s and App’s features and development.
Standard text message and data rates may apply on the receipt of our notifications, including roaming charges (if any). With respect to any charges levied of the nature discussed before, You must contact your mobile connection provider for the details and charges. No liability of such charges shall fall upon Us.
Any disputes that arise shall be promptly resolved through mutual discussion or negotiation, wherever necessary if the same is not resolved unilaterally through Our Terms and/or Policies, within 30 (thirty) days from the day the dispute arose. In case, the dispute does not get resolved within the stipulated time, this Agreement and any non-contractual obligations or liabilities arising out of or in connection with the performance of this Agreement including all allied Policies and resources, shall be governed by, enforced, and construed in accordance with the laws of India and the courts of Delhi shall have exclusive jurisdiction to resolve any dispute which may arise and You irrevocably agree to submit to the jurisdiction of the courts in Delhi.