Terms of Use

  1. ACCEPTANCE OF TERMS OF USEThese terms of use (Terms) constitute a legally binding agreement between User or you (as defined below) and the Company regarding your use of the Make Music Count web site i.e www.makemusiccount.online (the Site), make music count Application (the Mobile Application on Android, iOS devices) and the services including but not limited to delivery of music and related content via the Site¸ any mobile or internet connected device.”User” or “You” means any person who access or avail this site of the Company for the purpose of hosting, publishing, sharing, transacting, displaying or uploading information or views and includes other persons jointly participating in using the site of the Company.By accessing the Site or Service, you agree to be bound by these Terms. The Company reserves the right, at its discretion, to change, modify, add, or remove portions of these Terms at any time by posting the amended Terms. Please check these Terms periodically for changes. Your continued use of the Make Music Count Service after the posting of changes constitutes your binding acceptance of such changes. In addition, when using any particular services, you may be subject to any posted guidelines or rules applicable to such services. All such guidelines or rules are hereby incorporated by reference into the Terms. If you do not agree with the Terms, please do not use this Site or the Make Music Count Service.
  2. MAKE MUSIC COUNT SERVICE, REGISTRATION AND ACCESS TO USEMake Music Count Service provides its members with access to app & web over the Internet.
      • Registration:To register for the Make Music Count Service you may be required to open an account by completing the registration process (i.e. by providing us with current, complete and accurate information as prompted by the applicable registration form). You also will choose a password. You are entirely responsible for maintaining the confidentiality of your password and account. In particular, as a parent or legal guardian, you acknowledge and assume sole responsibility to ensure that content which is meant for mature audiences (i.e, above the age of majority) is not accessed by children. Hence, you may not share your log in credentials with your children. You expressly agree to absolve the Company and/or the Make Music Count Service of any responsibility / liability in this regard.
      • By registering, you agree to the Terms stated herein and in addition to any other specific terms which shall be posted at an appropriate location of the Site. Each registration is for a single individual user only.
      • Access to use: To access the Make Music Count Service, you will be asked to enter your individual email and password, as chosen by you during your registration. Therefore, the Company does not permit any of the following:-
        • Any other person sharing your account and Password;
        • Any part of the Site being cached in proxy servers and accessed by individuals who have not registered with the Company as users of the Site; or
        • Access through a single account and Password being made available to multiple users on a network.
    If the Company reasonably believes that an account and password is being used / misused in any manner, the Company shall reserve the right to cancel access rights immediately without notice, and block access to all users from that IP address. Furthermore, you shall be entirely responsible for any and all activities that occur under your account. You agree to notify the Company immediately of any unauthorized use of your account or any other breach of security. The Company will not be liable for any loss that you may incur as a result of someone else using your password or account, however, you could be held liable for losses incurred by the Company or another party due to someone else using your account or password.
    • Availability:The availability of content through Make Music Count Services will change from time to time. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges.
  3. BILLING (If Applicable)By subscribing for the Make Music Count Songs Service, you are expressly agreeing that the Company is authorized to charge you subscription fee as per your selected plan, and any applicable taxes in connection with your use of the Make Music Count Service through the credit card or other payment method accepted by the Company (“Payment Method”) that you provided during registration.As used in these Terms, “billing” shall indicate either a charge or debit, as applicable, against your Payment Method. The subscription fee will be billed at the beginning of your subscription and on each subsequent renewal (as per plan chosen by you) thereafter unless and until you cancel your subscription or the account or service is otherwise suspended or discontinued pursuant to these Terms. To see the commencement date for your next renewal period, go to the billing information section on your account page.In order to sustain the Make Music Count Service, it is important that you honor the payment obligations to which you have agreed. Accordingly, the Company reserves the right to pursue any amounts you fail to pay in connection with the Make Music Count Service. You will remain liable to the Company for all such amounts and all costs incurred by the Company in connection with the collection of these amounts, including, without limitation, collection agency fees, reasonable attorneys´ fees, and arbitration or court costs. You also understand and acknowledge that the Company only facilitates the third party payment gateway for processing of payment. This facility is managed by the third party payment gateway provider and you are required to follow all the terms and conditions of such third party payment gateway provider. You are responsible for the accuracy and authenticity of the information provided by you, including the bank account number/credit card details and the like. You agree and acknowledge that the Company shall not be liable and in no way be held responsible for any losses whatsoever, whether direct, indirect, incidental or consequential, including without limitation any losses due to delay in processing of payment instruction or any credit card fraud. You can file any complaint related to payment transfer at Site and the same forwarded to the concerned third party payment gateway provider for redressal.

    User authorisation for recurring billing

    Once billing commences, we will continue to bill your Payment Method for your subscription fee until you cancel. You may cancel your membership at anytime; however, there are no refunds or credits for partially used periods.
  4. YOUR OBLIGATIONSYou hereby agree and assure the Company that the Site and/or Make Music Count Service shall be used for lawful purposes only and that you will not violate laws, regulations, ordinances or other such requirements of any applicable Central, State or local government or any other international laws. You further concur that you shall not:
    • circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Site or Make Music Count Service.
    • either directly or through the use of any device, software, internet site, web-based service, or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content including geo-filtering mechanisms
    • use the Site or Make Music Count Service in any manner that could damage, disable, overburden, or impair and not to undertake any action which is harmful or potentially harmful to any the Company´s server, or the network(s), computer systems / resource connected to any the Company server, or interfere with any other party´s use and enjoyment of the Site or Make music count Service;
    • obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site/Service;
    • perform any activity which is likely to cause such harm;
    • carry out any “denial of service” (DoS, DDoS) or any other harmful attacks on application or internet service or;
    • use the Site or Make Music Count Service for illegal purposes;
    • disrupt, place unreasonable burdens or excessive loads on, interfere with or attempt to make or attempt any unauthorized access to any the Company website or the website of any the Company´s customer;
    • forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Site or Make Music Count Service;
    • attempt to gain unauthorized access to Make music count Service, other accounts and computer systems through hacking, password mining or any other means. You shall not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site or Make Music Count Service;
    • use or launch any “robots”, “spiders”, “offline readers” etc. or any other automated system, that accesses the Site and / or Make Music Count Service in a manner that sends numerous automated requests to the Site´s servers in a given period of time, which a human cannot reasonably send in the same period by using conventional web browsing application or tool(s) for similar purposes.
    In addition, you are strictly prohibited from creating derivative works or materials that otherwise are derived from or based ,on the Content in any way, including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, unless it is expressly permitted by the Company in writing. This prohibition applies even if you intend to give away the derivative materials free of charge.
  5. PROHIBITED ACTIVITIESYou agree not to host, display, upload, modify, publish, transmit, update or share any information or User Submissions which
    • belongs to another person and to which you do not have any right to;
    • is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
    • harm minors in any way;
    • infringes any patent, trademark, copyright or other proprietary rights;
    • violates any law for the time being in force;
    • deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
    • impersonate another person;
    • contains 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 India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation;
    • contain misleading information regarding the origin of the Content;
    • or otherwise contains objectionable content.
    Any content uploaded by you shall be subject to relevant laws and may disabled, or and may be subject to investigation under appropriate laws. Furthermore, if you are found to be in non-compliance with the laws and regulations, these terms, or the privacy policy of the Site, we may terminate your account/block your access to the Site and we reserve the right to remove any non-compliant content uploaded by you. If you are found to be in non-compliance with the laws and regulations, these terms, or the privacy policy of the Site, the Company shall have the right to immediately terminate/block your access and usage of the Site and the Company shall have the right to immediately remove any non-compliant Content and or comment, uploaded by you and shall further have the right to take recourse to such remedies as would be available to the Company under the applicable laws. You understand and agree that the Company may, but is not obligated to, review the User Submissions and may delete or remove it (without notice) in its sole and absolute discretion, for any reason or without assigning any reason. More specifically, when you review / rate any Content available on the Make music count Service (as per functionality made available on the Site), you give the Company express rights and consent to display your rating / review in relation to the relevant Content on the Site, including making it available to other members for viewing. If you do not want your User Submissions / reviews / ratings to be shared in a public forum, do not use these features. These features may change without notice to you and the degrees of associated information sharing and functionality may also change without notice. the Company is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (“User Feedback”), including responses to questionnaires or through postings to the Make music count Service / the Site and User Submissions, without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Make music count Service. By posting / submitting any User Feedback / User Submission on the Site, you grant the Company a perpetual, worldwide, non-exclusive, royalty-free irrevocable, sub-licensable license and right in such User Feedback / User Submission to the Company, including the right to display, use, reproduce or modify the User Feedback / User Submission in any media, software or technology of any kind now existing or developed in the future. Operators of public search engines have the permission to use functionalities like spiders to copy materials from the Site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. We reserve the right to revoke these exceptions either generally or in specific cases, in our sole discretion. You agree not to collect or harvest any personally identifiable information, including account names, from the Site, nor to use the communication systems provided by the Site for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Site with respect to its User submissions. You shall be financially responsible for your use of the Make music count Service (as well as for use of your account by others, including without limitation minors living with you). You undertake to supervise and be responsible for all usage of minors of the Make music count Service and access of the Site under your name or account and absolve the Company from any liability on this account. You also warrant that all information supplied by you including without limitation your name, email address, mobile number, credit card number is correct and accurate. Failure to provide accurate information may subject you to civil and criminal penalties. You shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the Site or otherwise use the Make music count Service, including, without limitation, modems, hardware, software, and long distance or local telephone service. You shall be responsible for ensuring that such equipment or ancillary services are compatible with the Make music count Service. You agree that the Company may directly or through third party service providers send information to you about the various services offered by the Company from time to time.
  6. COLLECTION AND USE OF PERSONAL INFORMATIONFor information about the Company´s policies and practices regarding the collection and use of your personally identifiable information, please read the Privacy Policy as available on the Site. The Privacy Policy is incorporated by reference and made part of these Terms. Thus, by agreeing to these Terms, you agree that your presence on the Site and use of the Make music count Service are governed by the Company’s Privacy Policy in effect at the time of your use. The Company reserves the right to disclose any information that is required to be shared, disclosed or made available to any governmental, administrative, regulatory or judicial authority under any law or regulation applicable to the Company. The Company can further disclose your name, phone number, email, as it in its sole discretion believes necessary or appropriate in connection with an investigation of fraud, intellectual property infringement, piracy, or other unlawful activity.
  7. DISCLAIMER OF WARRANTIES AND LIABILITYYou understand and agree that the Company provides the Make music count Service. You agree that use of the Site or the Make music count Service Service is at your risk. All warranties including without limitation, the implied warranties of merchantability, fitness for a particular purpose, for the title and non-infringement are disclaimed and excluded. </ p>No representations, warranties or guarantees whatsoever are made by the Company as to the (a) accuracy, adequacy, reliability, completeness, suitability or applicability of the information to a particular situation; (b) that the service will be uninterrupted, timely, secure, or error-free; (c) the quality of any services, content, information, or other material on the website will meet your expectations or requirements; (d) any errors in the Site will be corrected; (e) warranties against infringement of any third party intellectual property or proprietary rights; or (f) other warranties relating to performance, non-performance, or other acts or omissions of the Company, its officers, directors, employees, affiliates, agents, licensors, or suppliers.
  8. INDEMNIFICATIONYou agree to indemnify, defend and hold harmless, the Company, its affiliates, successors, and assigns, and each of their respective investors, directors, officers, employees, agents, and suppliers (including distributors and content licensors) from and against any losses, claims, damages, liabilities, including legal fees and expenses, arising out of:
    • any claim due to or arising out of your violation of these Terms, including but not limited to a claim arising out of a breach of your representations or warranties made hereunder;
    • your use or misuse of or access to the Site or the Make music count Service;
    • your violation of any law, regulation or third party right, including without limitation any copyright, property, or privacy right; or
    • any claim that you have caused damage to a third party.
    The Company reserves the right, at its own expense, to employ separate counsel and assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and you agree to cooperate with the Company´s defence of these claims.
  9. TERMINATION OF ACCOUNT, SUSPENSION OR DISCONTINUATION OF MAKE MUSIC COUNT SERVICEThe Company reserves the right to change, suspend, or discontinue temporarily or permanently, some or all of the Make music count Service (including the Content and the devices through which the Make music count Service are accessed), with respect to any or all users, at any time without notice. You acknowledge that the Company may do so in its sole discretion. You also agree that the Company will not be liable to you for any modification, suspension, or discontinuance of the Make music count Service, although if you are a Make music count Services paid subscriber and the Company suspends or discontinues the Make music count Service, the Company may, in its sole discretion, provide you with a credit, refund, discount or other form of consideration (for example, the Company may credit additional days of service to your account). However, if the Company terminates your account or suspends or discontinues your access to the Make music count Service due to your violation of these Terms, then you will not be eligible for any such credit, refund, discount or other consideration.
  10. GENERAL TERMS
    • Relationship None of the provisions of the Terms shall be deemed to constitute a partnership or agency between you and the Company and you shall have no authority to bind the Company in any manner, whatsoever. This agreement is solely for your and the Company’s benefit and not for the benefit of any other person, except for permitted successors and assigns under this Agreement.
    • Assignment You may not transfer to anyone else, either temporarily or permanently, any rights to use the Make music count Service or any part of the Make music count Service. Any attempt by you to do so is void. the Company may assign, transfer, delegate and/or grant all or any part of its rights, privileges and properties hereunder to any person or entity.
    • Applicable Law These Terms are governed by and construed in accordance with, the laws of US 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 US.
    • Limited Time To Bring Your Claim You and the Company agree that any cause of action arising out of or related to use of the Site or the Make Music Count Service must commence within one (1) year after the cause of action accrues otherwise, such cause of action will be permanently barred.
    • Survival Rights and obligations under the Terms which by their nature should survive will remain in full effect after termination or expiration of the subscription.
    • Non Waiver Any express waiver or failure to exercise promptly any right under this agreement will not create a continuing waiver or any expectation of non-enforcement.
    • Disclaimer These Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.

Send Message

My favorites