TERMS & CONDITIONS
Welcome to SKILLBOX, a service provided by Skillboxes (India) Private Limited (herein after referred as “We”, “Us”, “Our”).
A person who uses the service/ application is herein referred as “You”/”User”.
The Terms therefore constitute a legal contract between you and Skillboxes Pvt Ltd.
1. Our Service
1.1 Skillbox is an art community platform for artists, art enthusiasts, art businesses and journalists. More than a concept, Skillbox is a communication platform, social media portal and a community for musicians and artists at large from around the world. Our services are free of charge or in any other manner determined by Us from time to time.
1.2 We are also bringing a Forum section something really coveted in the art industry to make a buzz on the most basic level of things that helps an individual or group to express themselves, an Event Calendar section to let you know of the best gigs announced in and around the country so you can plan in your day’s activity to attend what you love and a direct booking section that enables you to book artists on the go, aiding the organizer or booking agents.
1.3 We assist as a curator by providing database to the venues, agents and galleries and enable direct booking and sales for the artists.
1.4 We provide free database for all, acting as one of the key search engines for all artists, labels and curators.
1.5 Music Streaming is one of the most major components of the new SkillBox module. We provide our own streaming servers, linking in with artist and record label profiles, enabling them to upload high quality audio such as .wav .flac .Aiff etc. and providing something that has not been executed in the Indian Music Industry to start with. The content can be sold in as Physical and Digital copy as per the order verified through local payment getaways, making it easier for the artists to showcase and sell their work. We provide platform for Streaming and showcase of artists enabling them to upload high quality audio and video. Also, enabling Music Sales locally around the country through local payment gateways.
1.6 Being one of the biggest database distribution platforms, Skillbox offers a number of features to ease the process involved in the booking of an artist and enables direct contact with minimal offline influence. Booking Option will provide ease in terms of exploring, reviewing and booking an artist, band or a music project on the go , enabling venues to operate in a more flexible and portable manner in terms of programming their calendars.
1.7 A platform for Artist promotions via Feature module to promote deserving talent. Feature section on Skillbox revolves around modern music journalism, discovery of new music and musicians deserving an audience and established artists and projects with their most recent releases and updates alongside the most exclusive interaction featured in with the known and the unknown artists.
1.8 Skillbox will provide an elaborate database about the events happening around the country, becoming a one stop address for any music festival, concert and music release throughout World Wide Web,acting as one of the major search engines for events around the country and beyond, making sure the viewer lands up on the same place looking for any details about any rsvp in past or future. A special ‘featured’ section in the events calendar will act as a promotional tool reviewing the details and providing a special banner or a section for the event specified and even listing it in our Feature/News Feed sections. Our special filters for events makes it easier for the user to get through what one wants to look into without losing one’s way ,making a direct approach in user interface to get exactly what one is looking for .
1.9 Skillbox will act as a resource in the music community, helping to build a trust and partnership with our fellow artists and venues. We provide consultancy to the artists about any issue as in how Indian Laws and Organizations work and Artists not being aware of their rights and laws. Artists can anytime feel free to get in touch via email, phone or a personal visit to seek views where we make them aware of their rights and Indian laws particularly Intellectual Property Laws, specified in terms of music and entertainment industry. Skillbox will not participate, or get involved with any dispute but provide an advisory help for anyone who seeks it. We will assist the Second Section of Supporting artists by running fundraiser campaigns to fund their studio costs and project interaction with involvement in help organizing and providing resources to establish music projects in an upbringing of new music discovery and expansion of music community.
We may need to make changes to the Terms to make it synonymous to our improved Service and policies. We shall not be required to notify you of any changes made to these Terms. The revised Terms shall be made available to Our website or application or other Service products. It is your responsibility to check for any updates from time to time. If the user do not agree with the updated Terms then said user may stop using our Service. If you continue to use the Service after changes are made, the changes will be deemed to have been accepted.
3. Who can use Skillbox
You must comply with the following conditions to access and use our service:
- a) You must have attained at least 18 years of age, or more, or the applicable age of majority in your jurisdiction, to use Our Service.
- b) Must be competent to enter into a contract under the Applicable Laws.
- c) Must not have been convicted to be a sex offender.
- d) Your account has not been previously disabled by Us for violations of Our Terms or Policies.
- e) You are not prohibited from receiving Our Service under applicable laws.
4. Registration and Account with Skillbox
4.1 You have no obligation to register to use Our Service. However, access to certain service offered through our website, mobile application or other products is only available to registered users.
4.3 You can open only single account on the basis of Registration Data provided by you.
4.4 If you want to use Skillbox for commercial purpose, you must create a business account and provide us the required details. An undertaking is required to open an account for your company, organization or other entity, wherein you admit that you are authorized to grant all permissions and licence provided in these Terms and bind the entity to these Terms. You must ensure that they have not created account for someone else unless you have their express permission.
4.5 You are not allowed to impersonate someone else identity.
4.6 We shall not be liable for false, incomplete, old or incorrect registration data and other details provided by you. In case of inaccurate data provided, Skillboxes will terminate the services without any prior notification.
5. USER’s Responsibility:
5.1 Do not share your registration data such as username and password , give access to your Skillbox account to others or transfer your account to somebody else (without our permission). You are solely responsible for maintaining the confidentiality and security of your username and password and other data and you will be held responsible for all activities emanating from your account whether or not such activity is authorized by you.
5.2 You have to inform us in writing in case your username password is lost or stolen, or if you believe that your account has been accessed by unauthorized third party. In such event you should change your password at the earliest possible opportunity.
5.3 You may be able to register to use the service by logging into your account with your credentials from the third party social networking sites (eg Facebook Google)provided to you confirm that you are the owner of any such account and that you are entitled to disclose your account login information to us. You agree to authorize us to collect your verified information, and other information that may be available on or through your social media account consistent with your applicable settings.
6. Applicable Laws and Disputes
6.1 These Terms are governed by the laws of India without giving effect to principles of conflict of law. You agree that you will not use our Service for any purpose that is unlawful or prohibited under these Terms. In the event of any dispute arising out of or relating to these Terms or the use of the service, you shall settle the same amicably through the consultation and negotiation at offices of Skillboxes (India) Pvt Ltd.
6.2 In case the dispute is not resolved amicably, the same will be brought to the exclusive jurisdiction of courts at New Delhi.
7.1 Any right and obligation under these Terms shall not be transferred or assigned by you without our prior approval. Any attempted transfer or assignment in violation hereof shall be null and void.
7.2 Skillboxes can assign its rights and obligation freely under these Terms without any restriction or consent.
If any provision of the Terms is held invalid or unenforceable, the remaining valid portion of the Terms will remain in force and effect. Failing to enforce any provision will not be considered as waiver.
9. No Waiver
Delay or failure on the part of either party to this contract to exercise any right hereunder will not be operated as a waiver of that right.
10. Termination and Suspension of Account
10.1 To make Skillbox a safe and secure place we encourage you to strictly adhere to the Terms or policies. We will take action against your account in case you violate the Terms or policies to protect our users and services. We may suspend or terminate your account under intimation to you with our prior notice.
10.2 If you delete your account or we disable your account, these Terms shall terminate as a contract between you and us but your deletion of account will be subjected to our Terms.
You agree to indemnify and hold harmless the Skillbox and its parent, subsidiaries and affiliates, and their owners, directors, officers, managers, employees, shareholders, agents and licensors, from and against all losses, expenses, damages and costs including reasonable attorney’s fees, resulting from any violation of the Terms or policies for the failure to fulfil any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defence of any claim for which we are entitled to indemnification under this provision.
12. Disclaimer of Liability and Warranty
12.1 The services are provided on an “as is” basis and to the extent permitted by law.We disclaim all warranties of any kind, either express or implied including implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
12.2 We are not responsible for any content that has been posted by any other person or third party using our service. You acknowledge and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate or otherwise not relevant to your purpose.
12.3 We do not warrant that the services will be uninterrupted or free of errors, defects, malware and viruses or, they will function without disruptions, delays or imperfection. Authenticity and accuracy of products are also not warranted.
12.4 Any advertised service or products offered by third party through our platform, products or hyperlinked services are neither warranted nor approved. We will not in any way be responsible for supervising any transaction between you and third party providers for products or services.
12.5 If we fail to perform any obligation under these Terms due to Force Majeure Event, we shall not be held responsible for such failure and these Terms will be suspended as long as the Force Majeure continues.
12.6 We do not authorize anyone to make a warranty on our behalf and you shall not rely on any statement of warranty as a warranty by Us.
12.7 Any kind of loss arising out of or related to these Terms or our products is not warranted even if we have been advised of the possibility of such damage.
12.8 We don ot warrant that our service will meet all your expectations and requirements.
13. Third Party Links, Sites and Services
Skillbox may contain links to third party website, advertisements, services, special offers or other events or activities that are not owned or controlled by Us. We will not be held responsible for your use of third party website, services or content from Skillbox as you do it at your own risk.
14. Permission and Restrictions
14.1 You are legally permitted to post or upload contents including photos, videos, comments, links and other materials (referred as “User Content”) but the same should be complied with all the Terms of our services and applicable laws. By availing our service, you provide us with a royalty-free, irrevocable, perpetual,, worldwide, exclusive and fully sub-licensable license to use, reproduce, modify, adapt, translate, create derivative works, incorporate into other works, distribute, perform, display and otherwise exploit such content in whole or in part in any form.
14.2 You agree and acknowledge that your use of service will not create any obligation By using our services, on the part of Skillbox to offer or provide contents as mentioned herein. We may at our sole discretion disable access to the contents without any prior notice. We grant you a limited, revocable, non-exclusive, non-transferable, and non-sub licensable license to avail our services.
14.3 By deleting your contents or account, you can end this license but due to technical reasons, any content that you have deleted may exist for a limited period of time. Also, if you have shared that content with others and they have not deleted that content then the same may appear even after deletion of your own account.
14.4 You give us permission to use your name, profile pictures and other information to display with ads, offers and other sponsored content that we display across our products without any financial compensation to you.
14.5 When you download or use our software, you give us permission to download and install updates, upgrades, additional features to improve, enhance and further develop it.
14.6 You confirm that you will not post, upload, modify, publish or share any posted contents that is unlawful, misleading, discriminatory, fraudulent, infringes or breaches someone else’s rights, give rise inter-ethnic, inter-religion, inter-racial and inter-group conflicts or enmity, infringes Intellectual Property Rights of any person, harms minors in any way, outrage the modesty of women, impersonate another person, contain software viruses or any other computer code, files or programs designed to interrupt destroy or limit the functionality of any computer resource, threatens the unity, integrity, defence, security or sovereignty of the country, friendly relation with foreign states or public order or causes incitements to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation, harvest or otherwise collects information about others including name, email address, telephone numbers etc access parts of the services or collect data from our products which you are not authorized or attempt to avoid any restrictions on your use or access of the services.
14.7 You agree not to alter or modify any part of the Service.
15. Intellectual Property Rights
15.1 Skillbox reserves all of its intellectual property rights in the Services. Availing our service does not give you any ownership in our Service or the content or information made available through or Services. Intellectual properties (including but not limited to trademarks, copyright and patent) used in connection with the Services are the properties of their respective owners. Skillbox, Skillboxes, its logo and other trademarks and copyright used for our services are trademarks or registered trademarks and copyright of Skillboxes. The use or misuse of these trademarks except herein is expressly prohibited and nothing stated or implied on the services confers on you any license or right under any trademark and copyright of the Skillbox, its affiliates or any third party. For use of any third party’s intellectual property, you need to get permission directly from the owner of the IPR for any use. You shall be solely responsible for any infringement of intellectual property rights and for violations of any laws caused by use of the service or other Skillbox products.
15.2 Notice of IPR Infringement- If you believe that any content on the Skillbox or any other Skillbox product constitutes IPR infringement, please provide a notice of the same with all the necessary details and the same should be sent to …………………………
If any provision of the Terms are inconsistent or contradictory with any other executed agreement between you and us, the provision of the Terms shall prevail unless the exception has been expressly agreed in writing.
17. Grievance Redressal
17.1 You can communicate all your complaints with regard to our Service or contents including unauthorized use of your account or inability to access your account to the Grievance Officer through support section provided on the site. Name and contact number of the Grievance Officer is provided below:
17.2 Any issue can be reported within 30 days of the happening of the issue. If you fail to do so then the issue will be entertained only at our sole discretion.
18. Entire Agreement
These Terms constitute the entire agreement between you and Skillboxes (India) Private Limited. We supersede and replace all prior agreements.