Terms and conditions

Please read these Terms of Service (“Terms”), which set forth the legally binding terms and conditions between you and Endlesstunes  (“Endlesstunes” or the “Company”). It governs your access to and the use of the website (“Site”) and services (the “Service”)

Our collection and use of personal information in connection with your access to and use of the Service is described in our Privacy Policy.

Acceptance of Terms

Your access to the use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service (collectively referred to as “Users”) and all applicable laws and all conditions or policies referenced here. The Service is offered subject to acceptance of all of the terms and conditions contained in these Terms and all other operating rules, policies, and procedures that may be published on the Site by the Company, which are incorporated by reference, including operating rules, policies, and procedures of third-party services providers to the Site that are referenced herein. These Terms apply to every user of the Service. In addition, some Services offered through the Site may be subject to additional terms and conditions adopted by the Company. Your use of those services is subject to those additional terms and conditions, which are incorporated into these Terms by this reference.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the Terms then you may not access the Service.

Additional Policies and Agreements

The use of our Services is also determined by the following policies, which are included by reference. By using our Services, you also agree to the terms of the other policies listed on the terms and policies menu.

Additional terms may also apply to certain Services and are combined by reference as applicable in these Terms.

User Agreement

Agreeing to endlesstunes Acceptable Use Policy and Terms of Service is mandatory for using our services and this guides the usage of these services.
During the term of its agreement with Endlesstunes, the User must ensure that the use of any resource offered to the User or owned or controlled by Endlesstunes (“Service”) conforms with Endlesstunes current Acceptable Use Policy (“AUP”). Endlesstunes may modify, without prior notice, the AUP as endlesstunes deems appropriate; such modified AUP is effective upon posting on Endlesstunes website.
If any of these is infringed, we reserve the right to suspend such violating websites without prior notice.
We don’t allow “high-yield investment programs” (HYIP) websites (Ponzi). This is as well as sites relating to extreme money-making, gambling, e-gold doublers, etc.
The Company reserves the right, at its sole discretion, to modify or replace these Terms from time to time by posting the updated terms on the Site. It is your responsibility to check the Terms periodically for changes. If you object to any such changes, your sole recourse will be to cease using the Site and the Service. Your continued use of the Service following the posting of any changes to the Terms of Use will indicate your acknowledgment of such changes and agreement to be bound by the terms and conditions of such changes.
The Company reserves the right to change, suspend, or discontinue the Service (including, but not limited to, the availability of any feature, database, or content) at any time for any reason. The Company may also impose limits on certain features and Services or restrict your access to parts of or the entire Site without notice or liability.

Account

In order to initiate and commence the use of our Services, all Users must register an account (“Account”).

All Users, whether registering an account as an individual or a company shall be required to include the names of natural persons in the first and last name column.

If you are registering an Account for a company or other legal entity, you must include the name of a natural person as well as the name of the company you represent. You represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.

You must provide accurate, current, and complete information during the registration process and always keep your Account profile page information up-to-date.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

You are liable for any and all activities conducted through your Account unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).

When you create an account with us, you must provide us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. You can make payment via bank transfer or through any of our online payment options. If you choose to make payment via cash deposit, we will request additional KYC information for security reasons before activating the service you paid for. Please note that this KYC process will only be done per client account.

It is your responsibility to provide us with an email address that is not a webmail account @ the domain(s) (e.g. support@endlesstunes.com) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. If you have a domain name registered with endlesstunes, it is your responsibility to ensure that the contact information for your domain account and your actual domain name(s) is correct and up-to-date. endlesstunes is not responsible for a lapsed registration due to outdated contact information being associated with the domain. If you need to verify or change this information, you should contact our support team via email via support@endlesstunes.com . Providing false contact information of any kind may result in the termination of your account.

You are responsible for your sites and all sites that you host to be in accordance with all rules on this page. Misuse by you may result in actions on your account, including removal from the host with/without notice and without a refund.

Representations and Warranties

Representations and warranties are statements and promises made by you to the Company, which we rely on as being accurate in our dealings with you. You make the following representations and warranties to us at the time of agreeing to these Terms and every time you use the Services;

you are over the age of 18 years;
you are of sound mind and have the capacity to enter into a legally binding contract and these Terms;

all personal information that you provide about yourself is accurate and true to the best of your knowledge;

you hold a bank account with a licensed financial institution in your own name and will use this account to transfer money to our account when you conduct transactions on the Site;

if you are registering or accepting these Terms on behalf of a legal entity such as a company, trust or partnership, you are legally authorised to do so and we may request evidence of such legal authorisation (by way of a copy of any document which shows the valid and subsisting authorisation); and

you are not breaching any laws or regulations that are applicable to you or any company, trust or partnership upon whose instructions you are acting;

you are the owner of, and responsible for all content or information residing on, or obtained, or transmitted via, the Service, regardless of whether such use is by Customer.

Intellectual Property

The Service and its original content, features, and functionality are and will remain the exclusive property of the Company. The Service is protected by copyright, trademark, and other laws of the Republic of India. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
User shall not directly or indirectly: (i) decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the extent applicable laws specifically prohibit such restriction; (ii) modify, translate, or otherwise create derivative works of any part of the Service; or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder.
If you choose to provide technical, business or other feedback to the Company concerning the Site or the Services (collectively, “Feedback”), the Company will be free to use, disclose, reproduce, license, or otherwise distribute or exploit such Feedback in its sole discretion without any obligations or restrictions of any kind, including intellectual property rights or licensing obligations. You understand and agree that the incorporation by the Company of Feedback into any of its products or services does not grant you any proprietary rights therein.

Prohibited Activities

Users shall not utilize the Site or the Services in connection with any transaction that is illegal or involves any illegal items or is for any illegal purpose.

endlesstunes, in its sole discretion, may refuse to complete any transaction that endlesstunes has reason to believe is unauthorized or may violate any law, rule, or regulation.

In addition, if any transaction cannot be completed for any reason, including cancellation by endlesstunes for any reason, endlesstunes will notify each User in such transaction by e-mail, to the e-mail address each has provided on the Site.

You are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Services. In connection with your use of the Site, you will not and will not assist or enable others to:

breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms;
use the Site or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies endorsement, partnership or otherwise misleads others as to your affiliation with endlesstunes;

copy, store or otherwise access or use any information, including personally identifiable information about any other User, contained on the Site in any way that is inconsistent with endlesstunes Privacy Policy or these Terms or that otherwise violates the privacy rights of Users or third parties;

use the Site in connection with the distribution of unsolicited commercial messages (“spam”);

use the Site to with the intention to circumvent any Service Fees or for any other reason;

request, accept, or make any payment for Property outside of the Site. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold endlesstunes harmless from any liability for such payment;

discriminate against or harass anyone on the basis of race, tribe, origin, religion, gender, physical or mental disability, medical condition, marital status, or age, or otherwise engage in any abusive or disruptive behaviour;

use, display, mirror or frame the endlesstunes platform or Collective Content, or any individual element within the endlesstunes platform, endlesstunes name, any endlesstunes trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the endlesstunes platform, without endlesstunes express written consent;

dilute, tarnish or otherwise harm the endlesstunes brand in any way, including through unauthorized use of Collective Content, registering and/or using endlesstunes or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to endlesstunes domains, trademarks, taglines, promotional campaigns or Collective Content;

use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the endlesstunes platform for any purpose;

avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by endlesstunes or any of endlesstunes providers or any other third party to protect the endlesstunes platform;

attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the endlesstunes platform;

violate or infringe anyone else’s rights or otherwise cause harm to anyone.

You acknowledge that endlesstunes has no obligation to monitor the access to or use of the Site by any User or to review, disable access to, or edit any User Content, but has the right to do so too (i) operate, secure and improve the Site (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Users’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to User Content that it determines is harmful or objectionable, or (v) as otherwise set forth in these Terms. Users agree to cooperate with and assist endlesstunes in good faith and to provide endlesstunes with such information and take such actions as may be reasonably requested by endlesstunes with respect to any investigation undertaken by endlesstunes or a representative of endlesstunes regarding the use or abuse of the endlesstunes platform.

If you feel that any User you interact with, whether online or in-person, is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behaviour, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to endlesstunes by contacting us with your police station and report number (if available); provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.

Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography. Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.

It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as username and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.

Zero Tolerance Spam Policy

We take a zero-tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. “Safe lists” and purchased lists will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.

Payment Information

You agree to supply appropriate payment for the services received from endlesstunes, in advance of the time period during which such services are provided. You agree that until and unless you notify endlesstunes of your desire to cancel any or all services received, those services will be billed on a recurring basis.
As a client of endlesstunes, it is your responsibility to ensure that your payment information is up to date and that all invoices are paid on time. You agree that until and unless you notify endlesstunes of your desire to cancel any or all services received (by the proper means listed in the appropriate section of the Terms of Service), those services will be billed on a recurring basis unless otherwise stated in writing by endlesstunes.
It is the customer’s responsibility to notify our billing team via email at support@endlesstunes.com after paying for a product/service renewal and to ensure the email is received and acted upon. Product/service renewal notices and invoices are provided as a courtesy reminder and endlesstunes cannot be held responsible for failure to renew a product/service or failure to notify a customer about a product/service renewal.

endlesstunes reserves the right to change any product/service fee and any other charges at any time.

Backups and Data Loss

Your use of this service is at your sole risk. endlesstunes is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on endlesstunes servers.

Promotional Terms

If you purchased a product/service during a promotion or bundled with a free product (i.e a website maintenance) and you fail to renew it before the date of expiration or a change is made to the billing cycle of the product during the promotional period, the terms of the promo or free product become void. The free product will be charged at the standard renewal rate of the then-current price of the product.

Cancellations and Refunds

endlesstunes reserves the right to cancel, suspend, or otherwise restrict access to the account at any time with or without notice.
Any abuse of our staff in any medium or format will result in the suspension or termination of your services.
Violations of the Terms of Service will waive the refund policy.

Indemnification

You agree to indemnify and hold harmless endlesstunes, its affiliates and subsidiaries, its officers, directors, employees, and agents, against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest penalties and legal and other reasonable professional costs and expenses) suffered or incurred as a result of:

your fraudulent or illegal use of the Services or the Site;
your negligence or any default by you of any of these Terms;
any inaccurate or incomplete information that you have knowingly provided to us;
your allowing any other person to access your account either with your permission or as a result of your failure to keep your username and password private;
any service that you have offered, whether with or without our permission, to another third party using the Company’s Services or Website;
any claim made against you for actual or alleged infringement of the Company’s Intellectual Property Rights or any actual or alleged infringement of a third party’s Intellectual Property Rights arising out of or in connection with the Services or your use of the Site

Limitation of Liability

In no event shall endlesstunes, its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.

endlesstunes, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Disclosure to law enforcement

endlesstunes may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.

Changes to the TOS

endlesstunes reserves the right to revise its policies at any time without notice.

Link to Other Websites

Our Service may contain links to third-party websites or services that are not owned or controlled by endlesstunes.
endlesstunes has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that endlesstunes shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the Terms and privacy policies of any third-party web sites or services that you visit.

Termination

We may terminate or suspend your access to the Services, in whole or in part, including deletion or confiscation of all files, content, and/or domain name registrations, without notice in the event that:

you fail to pay any fees due hereunder to endlesstunes;
1. you violate the terms and conditions of this Agreement;
2. your conduct may harm endlesstunes or others, cause endlesstunes to incur liability, or disrupt its business operations (as determined by endlesstunes in its sole discretion);
3. you are abusive toward our staff in any manner; or
4. for any other lawful reason, including to comply with applicable law, or as otherwise specified in this Agreement.

In such an event, your right to use the Service will immediately cease and we will not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination.

Governing Law

This Agreement shall be governed by Indian Law, under the jurisdiction of Mumbai, Maharashtra, India.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Dispute Resolution

Any disputes arising under or in connection with the validity, interpretation and performance of this Terms between endlesstunes and any third parties that cannot be resolved amicably by the parties through negotiation within 30 (thirty) days shall be resolved by Arbitration at jurisdiction of Mumbai, Maharashtra, India

Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to endlesstunes Site or Services. You may submit Feedback by emailing us, through the contact section of the Site, or by other means of communication. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.

CPU Usage

Sites may not use extreme unwarranted CPU usage. This includes usage of “heavy” scripts or Flash/shockwave files. By heavy we mean oversized without cause, to the point where most users would be unable to view them in a reasonable amount of time. No single site may consume 30% of CPU usage for a sustained period of time.

File repository / Dump Sites

Customers may not use disk space as a file repository or dumpsite. This includes but is not limited to; warez, serials, sound files, applications, zip files. This includes using the space in order to store content used on other sites (remote linking). Examples of this would be using the webspace to store images for auction descriptions, flash, or any other files used on another site but stored on our server.

Violation of Rules

Breaking any of these aforementioned rules may result in immediate account suspension with or without notice and also without refund, as well as criminal prosecution where deemed necessary.

Contact Us

If you have any questions about these Terms, please contact us at support@endlesstunes.com. This file was last modified on January 20th, 2021.