Phulki Terms of Service

Welcome to Phulki, India's premier music search engine!

Your relationship with Phulki and acceptance of this agreement

Your use of Phulki's products, services and web sites (collectively called "Services") is subject, at the minimum, to the terms and conditions (collectively called "Terms") mentioned in this document. In order to use the Services, you must first agree to the Terms. You may not use Services if you do not accept the terms. You can accept the Terms simply by using the Phulki Services. In this case, you understand and agree that Phulki will consider your use of the Services as agreement to the Terms.

Provision of Services by Phulki, Inc.

Phulki is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which Phulki provides may change from time to time without prior notice to you.

As part of this continuing innovation, you acknowledge and agree that Phulki may stop (permanently or temporarily) providing any of the Services to you or to users generally at Phulki's sole discretion, without prior notice to you. You may stop using the Services at any time.

You acknowledge and agree that if Phulki disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.

Use of the Services by you

In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to Phulki will always be accurate, correct and up to date.

You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States, United Kingdom, India and other relevant countries).

You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Phulki, unless you have been specifically allowed to do so in a separate agreement with Phulki. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.

You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services). Unless you have been specifically permitted to do so in a separate agreement with Phulki, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.

You agree that you are solely responsible for (and that Phulki has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Phulki may suffer) of any such breach.

Your accounts passwords and account security

You agree and understand that you are responsible for not automating account creation. You are also responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services. Accordingly, you agree that you will be solely responsible to Phulki for all activities that occur under your account. Phulki is not responsible whatsoever for any actions taken under your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify Phulki immediately at contact@phulki.com.

Content in the Services

You understand that all information (such as files, media, images, text) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the source from which such content originated. All such information is referred to here as the 'Content'. Phulki does it best to give proper credit to the source from which the data was indexed. Phulki's search engine lays no claim to the ownership of the content originated at these sites. If some content is cached, it is done for the sole purpose of providing users with the best possible service. If you think that any content is objectionable, please inform Phulki at your earliest.

Phulki respects the intellectual property of others, and we ask our users to do the same. If you believe that your work is used in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Phulki the following information by clicking here.

A signature (electronic or physical) of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest.
A description of the copyrighted work or other intellectual property that you claim has been infringed.
A description of where the material that you claim is infringing is located on the site.
Your address, telephone number, and email address.
A statement by you that you have good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
A statement by you, made under penalty of perjury, that all the above information is accurate and that you are the copyright or intellectual property owner or authorized to act on the behalf of such owner.

You agree that you are solely responsible for (and that Phulki has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which Phulki may suffer) by doing so.

You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.

Phulki's and your proprietary rights

Unless you have agreed otherwise in writing with Phulki, nothing in the Terms gives you a right to use any of Phulki's trade names, trade marks, service marks, logos, domain names, and other distinctive brand features. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services. Unless you have been expressly authorized to do so in writing by Phulki, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.

Termination of relationship with Phulki

Phulki may at any time, terminate its legal agreement with you including termination of your account if you breach any provision of the Terms, as per the sole discretion of Phulki. Phulki holds the right to deny you Services without any express reason. Phulki may also terminate the relationship with you if Phulki is legally required to do so (e.g., when provision of Services provided by Phulki is, or becomes, unlawful); or if the partner(s) with whom Phulki offered the Services to you has terminated its relationship with Phulki or ceased to offer the Services to you; or the provision of the Services to you by Phulki is, in Phulki's opinion, no longer commercially viable.

EXCLUSION OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND .AS AVAILABLE.. IN PARTICULAR, PHULKI, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:

(A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,

(B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,

(D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PHULKI OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

PHULKI FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

LIMITATION OF LIABILITY

PHULKI IS NEVER LIABLE FOR

(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY.. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;

(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:

(C) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;

(D) ANY CHANGES WHICH PHULKI MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);

(E) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES.

(F) YOUR FAILURE TO PROVIDE PHULKI WITH ACCURATE ACCOUNT INFORMATION;

(G) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;

THE LIMITATIONS ON PHULKI'S LIABILITY TO YOU ABOVE SHALL APPLY WHETHER OR NOT PHULKI HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

Advertisements

Some of the Services may be supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information.

The manner, mode and extent of advertising by Phulki on the Services are subject to change without specific notice to you. In consideration for Phulki granting you access to and use of the Services, you agree that Phulki may place such advertising on the Services.

Other content

The Services may include hyperlinks to other web sites or content or resources. Phulki may have no control over any web sites or resources which are provided by companies or persons other than Phulki.

You acknowledge and agree that Phulki is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.

You acknowledge and agree that Phulki is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.

General legal terms

Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or media, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.

The Terms constitute the whole legal agreement between you and Phulki and govern your use of the Services (but excluding any services which Phulki may provide to you under a separate written agreement), and completely replace any prior agreements between you and Phulki in relation to the Services.

You agree that Phulki may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services. You agree that if Phulki does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Phulki has the benefit of under any applicable law), this will not be taken to be a formal waiver of Phulki's rights and that those rights or remedies will still be available to Phulki.

If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.