DARBU Terms and condition of Use

Effective as of: April 21st, 2022

Introduction

Please read these Terms of Use (these “Terms”) carefully as they govern your use of (which includes access to) Darbu’s personalized services for streaming music and other content, including all of our websites and merchandise section that incorporate or link to these Terms (collectively, the “Darbu Service”) and any music, podcasts, or other material that is made available through the Darbu Service (the “Content”).

Use of the Darbu Service may be subject to additional terms and conditions presented by Darbu, which are hereby incorporated by this reference into these Terms.

By signing up for, or otherwise using, the Darbu Service, you agree to these Terms. If you do not agree to these Terms, then you must not use the Darbu Service or access any Content.

THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH IN SECTION 6 BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR ANY OTHER COURT PROCEEDINGS, OR CLASS ACTIONS OF ANY KIND.

Service Provider

These Terms are between you and Darbu, Top Floor, A3/8, Chhinga Veng, Aizawl 796001

Age and eligibility requirements

BY USING THE DARBU SERVICE, YOU AFFIRM THAT YOU ARE 18 YEARS OR OLDER TO ENTER INTO THESE TERMS, OR, IF YOU ARE NOT, THAT YOU ARE 13 YEARS OR OLDER AND HAVE OBTAINED PARENTAL OR GUARDIAN CONSENT TO ENTER INTO THESE TERMS. Additionally, in order to use the Darbu Service and access any Content, any registration and account information that you submit to Darbu is true, accurate, and complete, and you agree to keep it that way at all times.

DARBU service provided by Us

Darbu service options

We provide numerous Darbu Service options. Certain Darbu Service options are provided free-of-charge, while other options require payment before they can be accessed (the “Paid Subscriptions”). We may also offer special promotional plans, memberships, or services, including offerings of third-party products and services. We are not responsible for the products and services provided by such third parties.

Third-Party applications, devices and open source software

The Darbu Service may be integrated with, or may otherwise interact with, third-party applications, websites, and services (“Third-Party Applications”) and third-party personal computers, mobile handsets, tablets, wearable devices, speakers, and other devices (“Devices”). Your use of such Third-Party Applications and Devices may be subject to additional terms, conditions, and policies provided to you by the applicable third party. Darbu does not guarantee that Third-Party Applications and Devices will be compatible with the Darbu Service.

Service limitations and modifications

We use reasonable efforts to keep the Darbu Service operational and to provide you with a personalized, immersive audio experience. However, our service offerings and their availability may change from time to time, without liability to you; for example:

• The Darbu Services may experience temporary interruptions due to technical difficulties, maintenance or testing, or updates, including those required to reflect changes in relevant laws and regulatory requirements.
• we aim to evolve and improve the Darbu Service constantly, and we may modify, suspend, or stop (permanently or temporarily) providing all of part of the Darbu Service (including particular functions, features, subscription plans, merchandise, and promotional offerings)
• Darbu has no obligation to provide any specific content through the Darbu Service, and Darbu or the applicable owners may remove particular songs, podcasts, merchandise and other Content without notice.
• Darbu streaming software is developed and designed to enable streaming of content from the Darbu Service through the Darbu Service ready devices. This software may vary by device and medium, and functionalities may also differ between devices.

If you have prepaid fees directly to Darbu for a Paid Subscription that Darbu permanently discontinues prior to the end of your Pre-Paid Period (as that term is defined in the Payments and cancellations section below), Darbu will refund you the prepaid fees for the Pre-Paid Period after such discontinuation. Your account and billing information must be up to date in order for us to refund you.

Darbu has no liability to you, nor any obligation to provide a refund to you, in connection with internet or other service outages or failures that are caused by the actions of government authorities, other third parties, or events beyond our control.

Your Use of the Darbu Service

Creating a Darbu account

You may need to create a Darbu account to use all or part of the Darbu Service. Darbu shall request login authorization through a third party namely google for android and apple id for iOS. You understand that you are responsible for all use (including any unauthorized use) of your credential.

Your rights to use the Darbu Service

• Access to the Darbu Services - Subject to your compliance with these Terms (including any other applicable terms and conditions), we grant to you limited, non-exclusive, revocable permission to make personal, non-commercial use of the Darbu Service and the Content (collectively, “Access”). This Access shall remain in effect unless and until terminated by you or Darbu. You agree that you will not redistribute or transfer the Darbu Service or the Content.
• The Darbu software applications and the Content are licensed, not sold or transferred to you, and Darbu and its licensors retain ownership of all copies of the Darbu software applications and Content even after installation on your Devices.
• Darbu’s Proprietary Rights - The Darbu Service and the Content are the property of Darbu or Darbu’s licensors. All Darbu trademarks, service marks, trade names, logos, domain names, and any other features of the Darbu brand (“Darbu Brand Features”) are the sole property of Darbu or its licensors. These Terms do not grant you any rights to use any Darbu Brand Features whether for commercial or non-commercial use.

Payments and cancellation

Billing

You may purchase a Paid Subscription directly from Darbu or through a third party either by:

• paying a subscription fee plus applicable taxes in advance on a monthly/yearly basis or some other recurring interval disclosed to you prior to your purchase; or
• pre-payment gives you access to the Darbu Service for a specific time period (“Pre-Paid Period”).
• Paid Subscription using a code, gift card, pre-paid offer, or other offer provided or sold by or on behalf of Darbu

If you purchase access to a Paid Subscription through a third party, separate terms and conditions with such third party may apply to your use of the Darbu Service in addition to these Terms. Please contact the third party regarding any refunds or to manage your subscription.

Price and tax changes

Darbu may from time to time make changes to Paid Subscriptions, including recurring subscription fees, the Pre-Paid Period (for periods not yet paid), or Codes, and will communicate any price changes to you in advance. Price changes will take effect at the start of the next subscription period following the date of the price change and, by continuing to use the Darbu Service after the price change takes effect, you will have accepted the new price. If you do not agree to a price change, you can reject the change by unsubscribing from the applicable Paid Subscription prior to the price change going into effect.

Tax rates are based on the rates applicable at the time of your monthly charge. These amounts can change over time with local tax requirements in your country, state, territory, county, or city. Any change in tax rate will be automatically applied based on the account information you provide.

Renewal and Cancellation

With the exception of Paid Subscriptions for a Pre-Paid Period, your payment to Darbu or the third party through which you purchased the Paid Subscription will automatically renew at the end of the applicable subscription period, unless you cancel your Paid Subscription before the end of the then-current subscription period. Contact our Customer Support team here for instructions on how to cancel. The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the free version of the Darbu Service. We do not provide refunds or credits for any partial subscription periods, except as expressly stated in these Terms.

If you have purchased a Paid Subscription using a Code, your subscription will automatically terminate at the end of the period stated with your Code, or when there is an insufficient pre-paid balance to pay for the Darbu Service.

Content and Intellectual Property Rights

User Content

Darbu users may post, upload, or otherwise contribute content to the Darbu Service (“User Content”). For the avoidance of doubt, “User Content” includes all information, materials and other content that is added, created, uploaded, submitted, distributed, or posted to the Darbu Service by users.

You are solely responsible for all User Content that you post.

You promise that, with respect to any User Content you post on Darbu, (1) you own or have the right to post such User Content; and (2) such User Content, or its use by Darbu pursuant to the license granted below, does not: (i) violate these Terms, applicable law, or the intellectual property or other rights of any third party; or (ii) imply any affiliation with or endorsement of you or your User Content by Darbu or any artist, band, label, or other individual or entity without the prior express written consent from Darbu or such individual or entity.

In posting or sharing User Content or other information on the Darbu Service, please keep in mind that content and other information will be publicly accessible, and may be used and re-shared by others on the Darbu Service and across the web, so please use caution in posting or sharing on the Darbu Service, and be mindful of your account settings. Darbu is not responsible for what you or others post or share on the Darbu Service.

Monitoring user content

Darbu may, but has no obligation to, monitor or review User Content. Darbu reserves the right to remove or disable access to any User Content for any or no reason. Darbu may take these actions without prior notification to you.

Licenses that you grant to us

User Content

You retain ownership of your User Content when you post it to the Darbu Service. However, in order for us to make your User Content available on the Darbu Service, we do need a limited license from you to that User Content. Accordingly, you hereby grant to Darbu a non-exclusive, transferable, sub-licensable, royalty-free, fully paid, irrevocable, worldwide license to reproduce, make available, perform and display, translate, modify, create derivative works from, distribute, and otherwise use any such User Content through any medium, whether alone or in combination with other Content or materials, in any manner and by any means, method or technology, whether now known or hereafter created, in connection with the Darbu Service. Where applicable and to the extent permitted under applicable law, you also agree to waive, and not to enforce, any “moral rights” or equivalent rights, such as your right to be identified as the author of any User Content, including Feedback, and your right to object to derogatory treatment of such User Content.

Feedback

If you provide ideas, suggestions, or other feedback in connection with your use of the Darbu Service or any Content (“Feedback”), such Feedback is not confidential and may be used by Darbu without restriction and without payment to you. Feedback is considered a type of User Content under these Terms.

Your Device

You also grant to us the right

• to allow the Darbu Service to use the processor, bandwidth, and storage hardware on your Device in order to facilitate the operation of the Darbu Service,
• to provide advertising and other information to you, and
• to allow our business partners to do the same.

Infringement claims

Darbu respects the rights of intellectual property owners. If you believe that any Content infringes your copyright rights, please see the Darbu Customer Service.

Customer Support, Information, Questions, and Complaints.

For customer support with account- and payment-related questions (“Customer Support Queries”), please use Customer Support resources listed on the Contact Us page section of our website.

If you have any questions concerning the Darbu Service or these Terms (including any additional Darbu terms and conditions incorporated herein), please contact Darbu Customer Service by visiting the Contact Us page section of our website.

Problems and Disputes

Suspending and Terminating the Darbu Service

These Terms will continue to apply to you until terminated by either you or Darbu. Darbu may terminate these Terms (including any additional terms and conditions incorporated herein) or suspend your access to the Darbu Service at any time if we believe you have breached any of these Terms, if we stop providing the Darbu Service or any material component thereof, or as we believe necessary to comply with applicable law. If you or Darbu terminate these Terms, or if Darbu suspends your access to the Darbu Service, you agree that Darbu shall have no liability or responsibility to you, and (except as expressly provided in these Terms) Darbu will not refund any amounts that you have already paid. You may terminate these Terms at any time, in which case you may not continue accessing or using the Darbu Service. To learn how to terminate your Darbu account, please use the Customer Support resources on our Contact Us page.

The following sections shall survive termination: Section 2 (The Darbu Service Provided by Us), Section 3 (except as set forth therein), Section 4 (Content and Intellectual Property Rights), Section 6 (Problems and Disputes), Section 7 (About These Terms), as well as any other sections of these Terms that, either explicitly or by their nature, must remain in effect even after termination of these Terms.

Warranty disclaimers

THE DARBU SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. FURTHER, DARBU AND ALL OWNERS OF THE CONTENT DISCLAIM ANY EXPRESS, IMPLIED, AND STATUTORY WARRANTIES REGARDING THE CONTENT, INCLUDING WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER DARBU NOR ANY OWNER OF CONTENT WARRANTS THAT THE DARBU SERVICE OR CONTENT IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. IN ADDITION, DARBU MAKES NO REPRESENTATION REGARDING, NOR DOES IT WARRANT OR ASSUME ANY RESPONSIBILITY FOR, ANY THIRD-PARTY APPLICATIONS (OR THE CONTENT THEREOF), USER CONTENT, DEVICES OR ANY PRODUCT OR SERVICE ADVERTISED, PROMOTED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE DARBU SERVICE OR ANY HYPERLINKED WEBSITE, AND DARBU IS NOT RESPONSIBLE FOR ANY TRANSACTIONS BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF THE FOREGOING. NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM DARBU SHALL CREATE ANY WARRANTY ON BEHALF OF DARBU. WHILE USING THE DARBU SERVICE, YOU MAY HAVE ACCESS TO EXPLICIT CONTENT FILTERING FEATURES, BUT USE OF THESE FEATURES MAY STILL RESULT IN SOME EXPLICIT CONTENT BEING SERVED AND YOU SHOULD NOT RELY ON SUCH FEATURES TO FILTER ALL EXPLICIT CONTENT. THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the exclusion and limitations in this section may not apply to you.

Limitation of liability and time for filing a claim

YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE DARBU SERVICE IS TO UNINSTALL ANY DARBU SOFTWARE AND TO STOP USING THE DARBU SERVICE. YOU AGREE THAT DARBU HAS NO OBLIGATION OR LIABILITY ARISING FROM OR RELATED TO THIRD-PARTY APPLICATIONS OR THE CONTENT THEREOF MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE DARBU SERVICE, AND WHILE YOUR RELATIONSHIP WITH SUCH THIRD-PARTY APPLICATIONS MAY BE GOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES, YOUR SOLE AND EXCLUSIVE REMEDY, AS WITH RESPECT TO DARBU, FOR ANY PROBLEMS OR DISSATISFACTION WITH ANY THIRD-PARTY APPLICATIONS OR THE CONTENT THEREOF, IS TO UNINSTALL OR STOP USING SUCH THIRD-PARTY APPLICATIONS.

IN NO EVENT WILL DARBU, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR

• (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES;
• (2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OF OR INABILITY TO USE THE DARBU SERVICE, DEVICES, THIRD-PARTY APPLICATIONS, OR THIRD-PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER DARBU HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; OR
• (3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE DARBU SERVICE, THIRD-PARTY APPLICATIONS, OR THIRD-PARTY APPLICATION CONTENT MORE THAN THE GREATER OF (A) THE AMOUNTS PAID BY YOU TO DARBU DURING THE TWELVE MONTHS PRIOR TO THE FIRST CLAIM.

For clarification, these Terms do not limit Darbu’s liability for fraud, fraudulent misrepresentation, death or personal injury to the extent that applicable law would prohibit such a limitation.

ANY CLAIM ARISING UNDER THESE TERMS MUST BE COMMENCED (BY FILING A DEMAND FOR ARBITRATION OR FILING AN INDIVIDUAL ACTION UNDER THE ARBITRATION AGREEMENT BELOW) WITHIN ONE (1) YEAR AFTER THE DATE THE PARTY ASSERTING THE CLAIM FIRST KNOWS OR REASONABLY SHOULD KNOW OF THE ACT, OMISSION, OR DEFAULT GIVING RISE TO THE CLAIM; AND THERE SHALL BE NO RIGHT TO ANY REMEDY FOR ANY CLAIM NOT ASSERTED WITHIN THAT TIME PERIOD.

Third party rights

You acknowledge and agree that the owners of the Content and certain distributors (such as app store providers) are intended beneficiaries of these Terms and have the right to enforce these Terms directly against you. Other than as set out in this section, these Terms are not intended to grant rights to anyone except you and Darbu, and in no event shall these Terms create any third-party beneficiary rights.

If you have downloaded any of our mobile software applications (each, an “App”) from the Apple Inc. (“Apple”) App Store or if you are using the App on an iOS device, you acknowledge that you have read, understood, and agree to the following notice regarding Apple. These Terms are between you and Darbu only, not with Apple, and Apple is not responsible for the Darbu Service and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Darbu Service

Indemnification

You agree to indemnify and hold Darbu harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of or related to: (1) your breach of any of these Terms (including any additional Darbu terms and conditions incorporated herein); (2) any User Content you post or otherwise contribute; (3) any activity in which you engage on or through the Darbu Service; and (4) your violation of any law or the rights of a third party.

Governing law

Governing law and jurisdiction
These Terms are governed by and construed in accordance with, the laws of India without giving effect to principles of conflict of law. In the event of any dispute or claim by you against the Company, you agree to submit to the exclusive jurisdiction of courts at Aizawl, Mizoram.

ARBITRATION AGREEMENT

This Arbitration Agreement section sets forth the terms and conditions pursuant to which disputes, claims and controversies between you and Darbu will be resolved through arbitration (“Arbitration Agreement”).

Dispute resolution and arbitration

You and Darbu agree that any dispute, claim, or controversy between you and Darbu arising in connection with or relating in any way to these Terms or to your relationship with Darbu as a user of the Darbu Service (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of these Terms) will be determined by mandatory binding individual (not class) arbitration. You and Darbu further agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope or validity of the Arbitration Agreement or to the arbitrability of any claim or counterclaim. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. The arbitrator must follow these Terms and can award the same damages and relief as a court (including attorney fees and costs only where allowable under applicable law), except that the arbitrator may not award any relief, including declaratory or injunctive relief, benefiting anyone but the parties to the arbitration. This arbitration provision will survive termination of these Terms.

No class Or representative proceedings; class action waiver

YOU AND DARBU AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and Darbu agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.

Notice process

A party who intends to seek arbitration must first send a written notice of the dispute to the other, by electronic mail to contact@darbu.in or by certified mail to the address below (“Notice”) - A3/8, Chhinga Veng, Aizawl, Mizoram 796001. The Notice must

• (1) describe the nature and basis of the claim or dispute; and
• (2) set forth the specific relief sought (“Demand”).

We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or Darbu may commence an arbitration proceeding. All documents and information disclosed in the course of the arbitration shall be kept strictly confidential by the recipient and shall not be used by the recipient for any purpose other than for purposes of the arbitration or the enforcement of the arbitrator’s decision and award and shall not be disclosed except in confidence to persons who have a need to know for such purposes or as required by applicable law.

Enforceability

If this Arbitration Agreement is invalidated in whole or in part, the parties agree that the exclusive jurisdiction and venue described in the ‘Governing law and jurisdiction’ section above shall govern with respect to any aspect of any dispute, claim or controversy that, as a result of such invalidation, is no longer governed by this Arbitration Agreement.

About These Terms

Under applicable law, you may have certain rights that can’t be limited by a contract. These Terms are in no way intended to restrict those rights.

Changes

We may make changes to these Terms (including any additional Darbu terms and conditions incorporated by reference herein) from time to time by notifying you of such changes by any reasonable means, an in-service pop-up notification or other prominent notice within the Service, or other means). Any such changes will not apply to any dispute between you and us arising prior to the date on which the Terms were changed. Your use of the Darbu Service following any changes to these Terms will constitute your acceptance of such changes. If you do not wish to continue using the Darbu Service under the updated Terms, you may terminate your account by contacting us. The effective date set forth at the top of this document indicates when these Terms were last changed.

Entire agreement

Other than as stated in this section or as explicitly agreed upon in writing between you and Darbu, these Terms constitute all the terms and conditions agreed upon between you and Darbu and supersede any prior agreements in relation to the subject matter of these Terms, whether written or oral. As noted above, other terms and conditions governing use of the Darbu Service are incorporated herein by reference, including the following terms and conditions: the Darbu Premium Promotional Offer Terms and the Darbu Copyright Policy.

Severability and waiver

Unless as otherwise stated in these Terms, should any provision of these Terms be held invalid or unenforceable for any reason or to any extent, the remaining provisions of these Terms will not be affected, and the application of that provision shall be enforced to the extent permitted by law.

Any failure by Darbu or any third-party beneficiary to enforce these Terms or any provision thereof shall not waive Darbu’s or the applicable third-party beneficiary’s right to do so.

Assignment

Darbu may assign any or all of these Terms, and may assign or delegate, in whole or in part, any of its rights or obligations under these Terms. You may not assign these Terms, in whole or in part, nor transfer or sub-license your rights under these Terms, to any third party.

Copyright Notice
© Darbu. 2022. All Rights reserved.