User Terms and Conditions

This document is an electronic record in terms of the Information Technology Act, 2000 and rules there under in force, and the provisions pertaining to electronic records in various applicable statues as amended by the Information Technology Act, 2000 from time to time. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and user agreement for access or usage of the internet resource whackstudio.com (“Website”).

These user terms and conditions (“User T&C”) of the Website between Whack Studio (“Whack Studio” or “We”) and the persons accessing or using our Website as a registered user or a visitor (“You” or “Your” or “Yourself” or “User”).

Please read the User T&C before using or accessing the Website. By visiting the Website, You agree that these User T&C shall be a legally binding agreement between the User and the Website.

ABOUT US

1. Welcome to Whack Studio! Whack Studio, a sole proprietorship concern through its sole proprietor Naman Sachdev is the exclusive owner of the Website and is responsible for maintaining the Website and providing the technical support for the same. Whack Studio reserves the right in its sole discretion to remove any content, data, information, material, service, photographs, or visuals of the businesses/listings being displayed on the Website, audio-visual (if any) available on the Website (“Website Content”) from time to time.
2. Whack Studio is operating through its sole proprietor Naman Sachdev under the legal trade name Indie Circuit Solutions and having its office at A1, 005, Lok Milan CHS, Chandivali, Powai, Mumbai, India.

SERVICES

1. Whack Studio provides premade and custom drum tracks, beats and loops (“Services”). The availing of Services by the Users through the platform of this Website shall be governed by this User T&C.

TERMS FOR USAGE OF WEBSITE

Your use of this Website is subject to the following terms of use:

1. The Content on the pages of this Website is for Your general information and use only. It is subject to change at the discretion of Whack Studio without any notice to You.
2. You agree to use the Services, the Website therein only for the purposes that are permitted by (a) the User T&C; (b) any applicable law, regulation, or accepted practice in the relevant jurisdiction.
3. Your use of any information or materials on this Website is entirely at Your own risk, for which We shall not be liable.
4. Any violation of these User T&C may result in legal liability upon You. Nothing in this User T&C should be constructed to confer any rights to any third party or any other person. Your use of this Website means You are consenting to this User T&C and agree to be legally bound by it.

USER REGISTERATION AND REGISTERATION OBLIGATIONS

1. You may use the Website and the Services offered on the Website without registration and without creation of an account however, You may create a login account (“Account”) to avail our Services, promotional services and intimation of our upcoming deals/opportunities through the Website.
2. Registration as an User on the Website is also available free of cost. For creation of an Account, You can either register directly on the Website, in that case Whack Studio may collect your personal information, such as your name, email address, username, password and telephone number etc., or You can register via Facebook, in that case Whack Studio shall have access to your personal information as provided by You while registering on Facebook.
3. You while registering as a User shall be required to provide true, accurate, correct and complete information as promoted by the applicable User registration page on the Website. You will be required to provide true, accurate, correct and complete information on the Website even if, You are availing the Services only as a visitor from the Website without any registration. You agree and represent that You are 18 (eighteen) years and above and mentally sound to enter into this User agreement with the Website.
4. You will be required to choose a password for the Account and it shall be solely Your responsibility for maintaining the confidentiality of the Account Id and password.
5. If You provide any information that is untrue, inaccurate, incorrect and/or incomplete as a registered User of the Website or Whack Studio has reasonable grounds to believe that such information is untrue, inaccurate, incorrect, incomplete or not true at the time of registration of Your Account then, Whack Studio shall not be held responsible for any loss or damage (of any kind whatsoever) caused to You as a User of the Website.

INTELLECTUAL PROPERTY RIGHTS

1. The Website, the processes, and their selection and arrangement, including but not limited to the text, graphics, User interfaces, visual interfaces, sounds and music, artwork and computer design code, structure, photographs on the Website, arrangement of the Website Content (“Content”) is owned by Whack Studio and protected by the copyright, patent and trademark laws and other applicable intellectual property rights.
2. The trademarks, logos and service marks displayed on the Website (“Marks”) are the property of Whack Studio. You are not permitted to use the Marks without the prior written consent of Whack Studio.
3. Whack Studio owns all the intellectual property rights relating to the trademark “Whack Studio” and variants thereof, and the domain name, including but not limited to, all rights, title and interest in the copyright, related rights, patents designs, know-how, inventions (including pending patent), goodwill, source code, databases, text, graphics, icons and hyperlinks relating to the Content.
4. You acknowledge and agree that, unless expressly authorized by us, You shall not copy, download, republish, post, display, reproduce, distribute, transmit any Content through any medium without obtaining any prior written consent and authorization from Whack Studio. The access to the Website does not grant You any right to copy, download, republish, post, display, reproduce, distribute, transmit any Content.
5. Whack Studio shall not be held liable for (i) any punitive, special, indirect, or consequential loss or damages, any loss of production, loss of profit, loss of revenue, loss of contract, loss of or damage to goodwill or reputation, loss of claim, (ii) any (direct, indirect, consequential, or punitive) damages, losses, or costs suffered, incurred, or paid by you, pursuant to, arising out of or in connection with the use, inability to use, or delay of our Services, or (iii) any (personal) injury, death, property damage, or other (direct, indirect, special, consequential, or punitive) damages, losses, or costs suffered, incurred or paid by you, whether due to (legal) acts, errors, breaches, (gross) negligence, willful misconduct, omissions, non-performance, misrepresentations or tort.
6. Copyright Complaints. We respect the intellectual property of others and we have used our reasonable endeavors to obtain the consent of the copyright owners of all content and material contained within or available on the Site for such content to be placed upon the Site and made available to Site users. If you believe that your work or the work of a third party has been used on the Site in such a way that constitutes copyright infringement, please contact us at [email protected] the following information:

(i) An electronic or physical signature of the person authorised to act on behalf of the owner of the copyright protected content;
(ii) A description of the copyrighted protected content that you believe has been infringed upon;
(iii) A full description of where on the Site this content can be found (including the relevant URL);
(iv) Your address, telephone number, and e-mail address;
(v) A statement by you that in your reasonable belief the use of the content is not authorised by the copyright owner, its agent, or the law;
(vi) A statement by you that the information contained in this notice, and any other information we may reasonably require from you in order to enable us to resolve the issue of copyright infringement (whether actual or alleged) is accurate and that you are either the copyright owner or authorized to act on the copyright owner’s behalf.

DRUM TRACKS AND THEIR USE

All Drum Tracks remain the property of Whack Studio and are licensed to you on the basis of our terms and conditions for use subject to those provisions below which apply to the applicable type of Digital Content. All rights not expressly granted herein are reserved exclusively by Whack Studio. Whack Studio Limited may revoke a licence granted to you in respect of Digital Content if you breach any of the below licence terms or our terms and conditions.

1. The User may use the Drum Tracks in combination with other sounds in music productions (which may include soundtracks of films, video productions, radio/TV programs or commercials, computer games and multimedia presentations, library music), public performances, and other reasonable musical purposes within musical compositions.
2. The User may modify the Sounds and may use the Sounds for commercial purposes as part of a musical composition with other sounds.
3. The User MAY NOT use the Sounds in isolation as sound effects or as loops (i.e. a sequence of musical events) or any competitive products that are sold or relicensed to multiple third parties. 
4. A right to use the sounds is granted only to the User and is NOT transferable.
5. This license expressly forbids resale, relicensing or other distribution of the Sounds, either as they exist or any modification thereof. You cannot sell, loan, rent, lease, assign, upload to or download from any server, or transfer all or any of the enclosed sounds to another user, or for use in any competitive product.

PROHIBITED ACTIVITIES

a.Each User agrees that you will not and will not assist or enable others to:

(i) use this Website or its contents for unlawful purpose;

(ii) access, monitor or copy any content or information of this Website using any robot; spider, scraper or other automated means or any manual process to access, scrape, index, retrieve or otherwise use the Website or any content on the Website for any purpose without our express written permission.

(iii) bypass or circumvent other measures employed to prevent or limit access to this Website;

(iv) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure or makes excessive traffic demands on the Website;

(v) deep-link to any portion of this Website for any purpose without our express written permission;

(vi) “frame”, “mirror” or otherwise incorporate any part of this Website into any other website without our prior written authorization;

(vii) attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by us in connection with the Website;

(viii) use the Website to threaten, stalk, defraud, incite, harass, or advocate the harassment of another person, or otherwise interfere with another user’s use of the Website;

(ix) use the Website to submit or transmit spam, chain letters, contests, junk email, pyramid schemes, surveys, or other mass messaging, whether commercial in nature or not;

(x) use the Website in a manner that may create a conflict of interest, such as trading reviews with other business owners or writing or soliciting reviews;

(xi ) use the Website to promote bigotry or discrimination against protected classes; use the Website to violate any third-party right, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;

(xii )use the Website to submit or transmit pornography or illegal content use in  the website to solicit personal information from minors or to harm or threaten to cause harm to minors;

(xiii) attempt to gain unauthorized access to the Website, user accounts, computer systems or networks connected to the Website through hacking, password mining or any other means; use the Website to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, “Viruses”);

(xiv) use any device, software or routine that interferes with the proper working of the Website, or otherwise attempt to interfere with the proper working of the Website;

(xv) use the Website to violate the security of any computer network, crack passwords or security encryption codes;

(xvi) disrupt or interfere with the security of, or otherwise cause harm to, the Website; or

(xvii) remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Website, features that prevent or restrict the use or copying of Website Content, or features that enforce limitations on the use of the Website.

PAYMENT FOR SERVICES

1. All payments must be made via Paypal for You to purchase/avail the Services from Our Website
2. When you place an order to purchase a subscription, you will be directed to the PayPal website in order for your payment to be processed. Once your payment has been completed you shall automatically be returned to the Site. You can also download drum tracks available under your subscription at any time after your purchase as long as the subscription is active and valid. We DO NOT provide refunds for a subscription to our site but you may cancel your subscription at any point of time to stop any further payments.
3. When you place an order to purchase a Custom Drum Track, you will be directed to the PayPal website in order for your payment to be processed. Once your payment has been completed you shall automatically be returned to the Site. Your order represents an offer to purchase a Drum Track which shall be accepted and confirmed by us when you have made payment in full and you are directed back to the Site, at which time delivery of the Drum Track(s) shall commence. You have the right to withdraw from your purchase without charge until delivery of the Drum Track(s) has started. You do not have the right to withdraw from a purchase once delivery of the Drum Track(s) has started at which point your purchase is final. We shall deliver the Drum Track(s) for you to download as soon as we receive cleared funds from the payment provider.
4. When you place an order to purchase any other digital product, you will be directed to the PayPal website in order for your payment to be processed. Once your payment has been completed you shall automatically be returned to the Site where you shall receive the link to download your selected product.
5. If in any case, your payment transaction fails, please contact us at [email protected].

 

TYPOGRAPHICAL AND OTHER ERRORS

1. While Whack Studio takes reasonable care and skill to provide information which is accurate and up to date when first included on the Website, typographical and other errors may nevertheless occur. We do undertake to update or correct such information and reserve the right to modify, delete and rearrange any or all of the information of the Website at any time without notice to You. While we make reasonable efforts to prevent unauthorized tampering with the Website, we do not guarantee that our efforts will always be successful. Therefore, as set out below under “Disclaimer of Warranty”, we do not warranty that the Website Content will be error-free, and disclaims any liability for such errors.

DATA PRIVACY

1. This Website’s Privacy Policy governs Our collection, use and disclosure of Your personal information and is incorporated into these User T&C. Please read it carefully. It describes what information we collect from You and when, how, and why use it. This is important for Your information. By providing Your personal information and by using Our Website, You consent to Our Website’s Privacy Policy.

DISCLAIMER OF WARRANTIES

1. You expressly understand and agree that, Your access or use of this Website is at Your sole risk. The Website is provided on an “as is” and “as available” basis. We and our agents, representatives, and employees expressly disclaim all warranties of any kind, whether express or implied including but not limited to the implied warranties of merchantability, non-infringement.
2. We, our associates, and our technology partners make no representations or warranties about the accuracy, reliability, completeness, correctness, of the Website Content, third party links or communications provided on through the use or access of this Website or that the operation of the Website will be error free and/or uninterrupted. We do not assume any liability whatsoever for any monetary or other damage suffered by You on account of any delay, failure, interruption, disclosure of any confidential information by other parties or corruption of any data or other information transmitted in connection with the use of the Website. This disclaimer constitutes an essential part of the User T&C. 

ENTIRE AGREEMENT

1. These User T&C together with the Privacy Policy made available on the Website, as amended from time to time, constitute the entire agreement between You and Us. If any provision of these User T&C or any policy are considered unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these User T&C or any policy and shall not affect the validity and enforceability of any remaining provisions.

INDEMNITY

1. You agree to indemnify, defend and hold harmless Whack Studio, its associates, agents, representatives, successors, assigns from and against any and all claims, losses, liabilities, damages, demands, costs, expenses (including legal attorney’s fees and disbursements in connection therewith and interest chargeable thereon) which assert against or incurred by Whack Studio as a result of, or breach of any representation, warranty, undertaking or User responsibility under these User T&C, additional terms applicable to the purchase of Services by You from the Website or arising out of Your violation of any applicable laws, regulations including but not limited to intellectual property rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy.
2. This clause shall survive the expiry or termination of these User T&C.

TERMINATION

1. The User T&C will continue to apply until terminated by either You or Whack Studio as set forth below. If You wish to terminate Your agreement with Whack Studio, You may do so by (a) not accessing the Website; or (b) closing/deleting Your Account.
2. Whack Studio may at its sole discretion and at any time with or without prior notification to You terminate or suspend these User T&C without cause or with cause if:

• You breach any of the provision of the User T&C, the Privacy Policy or terms and conditions of other policies of the Website applicable to You;
  ·Whack Studio is required to do by any applicable law/rule/regulation in force;
  ·The Service being offered to You is, in Whack Studio’s opinion, no longer commercially viable;

1. Whack Studio shall not be liable to You or any third party for any such termination. Termination or suspension shall not affect Your liability or obligation arising prior to such termination or suspension.

GENERAL TERMS

1. Force Majeure: Whack Studio, its agents or representatives, shall not be held liable for any acts beyond its control or any Act of God. Whack Studio shall not be held liable for the delay or non-availability of Services opted by You from the Website due to occurrence of any of the event caused by Act of God. For sake of brevity “Act of God” shall mean and include the occurrence of any war, flood, fire, cyclone, earthquake, any other calamity caused by nature affecting the regular delivery period of the Services(s) to You.
2. Modification of Services: Whack Studio reserves the right to modify or discontinue (completely or partially) from its Website, Services, or any Website Content therein. We will not be liable to You or any third party if We exercise this right. If any of these conditions shall be deemed invalid, void or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
3. No third-party beneficiaries or rights: These User T&C shall not create any private right of action on part of any third party.
4. Dispute Resolution & Governing Law: The User T&C and all related transactions entered and the relationship between You and Whack Studio and any mutual claims shall be governed in accordance with the laws of India without reference to any conflict of laws principle. All claims, differences, dispute arising under or in connection with or in relation to the Website, the User T&C or any transactions entered into or through the Website shall be subject to the exclusive jurisdiction of the courts in Mumbai, India and You hereby accede to and accept the jurisdiction of such courts. Except, to the extent You have in any manner violated or threated to violate this Website’s intellectual property rights, We may seek injective or other appropriate relief in any court in India or internationally, and You consent to the exclusive jurisdiction and venue in such courts.
5. Assignment: You shall not assign or otherwise transfer the rights and obligations under these User T&C to any third party. Whack Studio’s rights and obligations are transferable to any third party/ies without the requirement of seeking Your consent or prior notice to You.
6. Severability: If the court of competent jurisdiction finds any provisions of these User T&C, or portion thereof to be unenforceable, the same shall not affect the any other provisions of the User T&C. In any event, such provision shall be enforced to the maximum extent permissible so as to give effect to the intent as reflected by that provision.
7. Complaints and Feedback: In the event that You have any grievances pertaining to the Services provided through the Website, please feel free to email us at [email protected] kindly provide Your name, email address, physical address so that, We may be in the position to verify the details or check the authenticity of the complaint.

USER CONFIRMATION AND ACCEPTANCE

Use of Website is available only to persons who can form legally binding contract under the Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use this Website.

I/WE HEREBY CONFIRM THAT I/WE HAVE THE LEGAL CAPACITY TO ACCEPT THE USER TERMS AND CONDITIONS.

I/WE HEREBY CONFRIM THAT I/WE ARE DULY REGISTERED WITH THE WEBSITE AND ALL THE INFORMATION PROVIDED BY ME/US IN RESPECT OF THE ACCOUNT AND AVAILAING THE SERVICES IS TRUE AND ACCURATE TO THE BEST OF MY/OUR KNOWLEDGE AND BELIEF.

I/WE CONFIRM THAT I/WE HAVE FULLY UNDERSTOOD THESE TERMS AND CONDITIONS.