Last modified: September 12, 2022
This ‘Terms and Conditions’ document (“T&C”) governs the end users’ (“You/Your/User”) access to and use of ‘ NocturnalNetworks Platform’ (which term shall be deemed to include the internet and mobile website www.NocturnalNetworks.com / events.NocturnalNetworks.com and any other means to access the same from time to time) and the services offered thereunder.
- NocturnalNetworks is a hybrid experience curator with an online publication. Our digital content and offline programming drive audiences to participate, connect, read, purchase, and obsess about what they should do next in live events, music, and pop culture.
- Broadly, we are an “Online Platform”– where we produce and share content in the form of editorial, video streams and audio formats.
- We assist venue’s and brand’s as curators by curating IP’s/events, managing artists, execution of the said IP/event and listing it for ticketing.
- We produce events and list tickets for these event on NocturnalNetworks.com
- NocturnalNetworks also provides consultancy services to artists about any issue, including but not limited to how Indian laws and organisations work and making artists fully aware of their rights and the laws affecting them. NocturnalNetworks will not participate, or get involved with any dispute but will provide advisory services to anyone who seeks them.
WHO CAN USE NOCTURNALNETWORKS
You must comply with the following conditions to access and use our service:
You must have attained at least 18 years of age, or more, or the applicable age of majority in your jurisdiction, to use our Services.
You must be competent to enter into a contract under the applicable laws.
Your account must not have been previously disabled by us for any violation of our Terms, policies or guidelines.
You are not prohibited from using our Services under the applicable laws.
REGISTRATION AND ACCOUNT WITH NOCTURNALNETWORKS
- You have no obligation to register/create an account with us to use our Services. However, access to certain Services is only available to registered users.
- You can open only one account on the basis of the data provided by you at the time of registration.
- If you want to partner with NocturnalNetworks for commercial purposes, you must create a business account and provide us with the required details. An undertaking is required to open an account for your company, organization or other entity, wherein you admit that you are authorized to grant all permissions and licence provided in these Terms and bind the entity to these Terms.
- You are not allowed to impersonate someone else’s identity.
- We shall not be liable for false, incomplete, old or incorrect data and other details provided by you at the time of registration. In the event that you provide any false, incomplete, old or incorrect data, NocturnalNetworks will terminate the Services without any prior notification.
- Do not share your registration data (such as username and password) or give access to your NocturnalNetworks account to others, or transfer your account to somebody else (without our permission). You are solely responsible for maintaining the confidentiality and security of your username, password and other data and you will be held responsible for all activities emanating from your account whether or not such activity is authorised by you.
- You are required to inform us in writing in case your username or password is lost or stolen, or if you believe that your account has been accessed by unauthorised third party. In such an event you should change your password at the earliest possible opportunity. You may be able to register to use the Services by logging into your account with your credentials from third party social networking sites (eg. Facebook, Google) provided you confirm that you are the owner of any such account and that you are entitled to disclose your account login information to us. You agree to authorise us to collect your verified information, and other information that may be available on or through your social media account consistent with your applicable settings.
- You agree that you will not use our Services for any purpose that is unlawful or prohibited under these Terms and applicable law.
- You confirm that you will not upload, post, modify, publish, share a store, transmit, submit, exchange or make available to or via our platforms any content that:
- belongs to another person and to which you have no 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 whatsoever;
- harms minors in any way;
- outrages the modesty of women;
- violates any law for the time being in force;
- infringes any patent, trademark, copyright or other proprietary rights;
- deceives or misleads the addressee about the origin of your content or communicates any information which is grossly offensive or menacing in nature;
- impersonates 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 the country, friendly relation with foreign states or public order or causes incitements to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation; and
- harvests or otherwise collects information about others including names, email address and telephone numbers, access parts of the Services or collect data from our products which you are not authorized to or attempts to avoid any restrictions on your use or access of the Services.
- Any content which is in violation of the above rule will be disabled/removed For the avoidance of doubt, the word ‘content’ in these Terms refers to any and all work available on our platforms including all sound recordings, cover artwork, artist names and album names.
TERMINATION AND SUSPENSION OF ACCOUNT
- To make NocturnalNetworks a safe and secure place, we encourage you to strictly adhere to these Terms, our policies and guidelines. We will take action against your account in case you violate the Terms, our policies and / or guidelines, may suspend or terminate your account under intimation to you and remove any non-compliant information.
- If you delete your account or we disable your account, these Terms shall terminate as a contract between you and us but your deletion of account will be subject to our Terms.
The entire content included in the NocturnalNetworks Platform, including but not limited to text, graphics or code is copyrighted as a collective work under the Indian and all other copyright laws of the world, and is the sole property of Nocturnal or is appropriately licensed by Nocturnal from the relevant owners thereof. At no point of time, will the User have any rights and/ or claim to have acquired any rights in and to any part or portion of the NocturnalNetworks Platform and/ or any content contained therein, in any manner whatsoever. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the NocturnalNetworks Platform solely for Your own non-commercial use, or to place an order with NocturnalNetworks Platform or to purchase NocturnalNetworks Platform products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of the NocturnalNetworks Platform is strictly prohibited, unless specifically authorised by Nocturnal in writing.
All trademarks, service marks and trade names of ‘ NocturnalNetworks’ used on NocturnalNetworks Platform are trademarks or registered trademarks of Nocturnal Networks Pvt. Ltd, as the case may be. At no point of time, will the User have any rights and/ or claim to have acquired any rights in and to any part or portion of the ‘ NocturnalNetworks’ trademarks and/ or logos, in any manner whatsoever.
We accept Visa, MasterCard, American Express, Debit Cards, International Cards via Stripe through the integrated ticketing system available only on NocturnalNetworks Platform. For certain events, we will also accept offline payment modes including cash / cheques only through authorised promoters, whose details will be listed on the respective event pages. If you are purchasing Tickets from anywhere outside of NocturnalNetworks Platform, including through any authorised promoters, it shall be completely your own responsibility to verify the genuineness of the source and authenticity of the Ticket issued to you. You may reach out to us at help@NocturnalNetworks.com for verifying the purchased tickets.
REPRESENTATION AND WARRANTY
- You hereby represent and warrant to NocturnalNetworks that your content, and each and every part thereof, is an original work by you, or you have obtained all rights, licenses, consents and permissions necessary in order to use such content at any and all times during any applicable use, and (if and where relevant) to authorise/licence NocturnalNetworks to use your content and each and every part thereof, on, through or via our platforms pursuant to these Terms.
- You hereby represent and warrant to NocturnalNetworks that the exercise by NocturnalNetworks of the licensed rights will not infringe any rights of the third party.
You agree to indemnify, defend and hold harmless NocturnalNetworks and its parent, subsidiaries and affiliates, and their owners, directors, officers, managers, employees, shareholders, agents and licensors, from and against all losses, expenses, damages, claims, obligations and costs including reasonable attorney’s fees, resulting from: any violation by you of these Terms, our policies and / or guidelines; any third party claim of infringement of copyright or other intellectual property rights or invasion of privacy arising from the hosting / uploading by you of any content on NocturnalNetworks’s platforms, and/or your making available thereof to other users of the platform, and / or the actual use of your content by other Users of the platform or linked services in accordance with these Terms and the parameters set by you with respect to the distribution and sharing of your content; the failure to fulfil any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defence of any claim for which we are entitled to indemnification under this provision.
DISCLAIMER OF LIABILITY AND WARRANTY
- The Services are provided by us on an “as is” basis and to the extent permitted by law, we disclaim all warranties of any kind, either express or implied including implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
- We are not responsible for any content that has been posted by any other person or a third party using our Services. You acknowledge and agree that you may be exposed to User content that is inaccurate, objectionable, inappropriate or otherwise not relevant to your purpose.
- We do not warrant that the Services will be uninterrupted or free of errors, defects, malware and viruses or, they will function without disruptions, delays or imperfection. Authenticity and accuracy of Services are also not warranted.
- Any advertised service or products offered by third parties through our platforms, products or hyperlinked services are neither warranted nor approved. We will not, in any way, be responsible for supervising any transaction between you and third party providers for products or services.
- If we fail to perform any obligation under these Terms due to a force majeure event, we shall not be held responsible for such failure and these Terms will be suspended as long as the force majeure event continues.
- We do not authorise anyone to make a warranty on our behalf and you shall not rely on any statement of warranty as a warranty by us.
- Any kind of loss arising out of or related to these Terms or our products is not warranted even if we have been advised of the possibility of such damage.
- We do not warrant that our Services will meet all your expectations and requirements.
- Any access to our platforms from territories where the contents are illegal is prohibited. If you access our platforms from a location outside India, you are responsible for compliance with all local laws.
- You hereby acknowledge and agree that NocturnalNetworks: stores all the content and other information on its platform at the direction, request and with the authorisation of its Users, acts merely as a passive conduit and/or host for the uploading, storage and distribution of such content, and plays no active role and gives no assistance in the presentation or use of the content. You are solely responsible for all the content that you upload, post or distribute to, on or through our platforms, and to the extent permissible by law, NocturnalNetworks excludes all liability with respect to all content available on its platforms and the activities of its Users with respect thereto.
THIRD PARTY LINKS, SITES AND SERVICES
NocturnalNetworks may contain links to third party websites, advertisements, services, special offers or other events or activities that are not owned or controlled by us. We will not be held responsible for your use of any third party website, services or content from NocturnalNetworks as you do it at your own risk.
PERMISSION AND RESTRICTIONS
- You are legally permitted to upload, post, modify, publish, share, store, transmit, submit, exchange or make available to or via our platforms content including audio, text, photos, pictures, graphics, comments, and other content, data or information but all such content should comply with all the Terms and applicable laws.
- You agree and acknowledge that all such content is owned and controlled solely by you, and not by us.
- By availing our Services, you provide us with a royalty-free, irrevocable, perpetual and worldwide right/license to use, reproduce, stream, broadcast, host, download, store, display, sell, distribute and share such content in whole or in part in any form.
- You agree and acknowledge that your use of our Services will not create any obligation on us.
- You may delete your content or account, but due to technical reasons, any content that you have deleted may exist for a limited period of time on our servers. In addition, in the event that you have shared your content with others and they have not deleted that content then the same may appear even after deletion of your own account/content. Any misuse of such deleted content that exists will not have our consent.
- You give us permission to use your name, profile pictures and other information to display with ads, offers and other sponsored content that we display across our platforms without any financial compensation to you.
- When you download or use our software, you give us permission to download and install updates, upgrades, additional features to improve, enhance and further develop it.
- You agree not to alter or modify any part of the Service.
INTELLECTUAL PROPERTY RIGHTS
- NocturnalNetworks reserves all of its intellectual property rights in the Services. Availing our service does not give you any ownership in our Service or the content or information made available through or Services. NocturnalNetworks, NocturnalNetworks, its logo and other trademarks and copyright used for our Services are trademarks or registered trademarks and copyright of NocturnalNetworks. The use or misuse of these trademarks is expressly prohibited and nothing stated or implied on herein confers on you any license or right under any trademark and copyright of the NocturnalNetworks, its affiliates or any third party.
- Intellectual properties (including but not limited to trademarks, copyright and patent) used in connection with the Services are the properties of their respective owners. For use of any third party’s intellectual property, you need to get permission directly from the owner of the intellectual property for any use. You shall be solely responsible for any infringement of intellectual property rights and for violations of any laws caused by the use of our Services.
- Notice of intellectual property right Infringement- If you believe that any content on NocturnalNetworks constitutes an infringement of intellectual property rights, please provide a notice of the same with all the necessary details and the same should be sent to contact NocturnalNetworkses.com
If any provision of the Terms is inconsistent or contradictory with any other executed agreement between you and us, the provision of the Terms shall prevail unless an exception has been expressly agreed in writing.
- You can communicate all your complaints with regard to our Services or contents available on our platforms including unauthorised use of your account or inability to access your account to Mr. Sameer Mohammed, the Grievance Officer at Nocturnal Networks Private Limited, Unit #103 1st level floor of Sufiya Elite #18, Cunningham Road, Bangalore 560052, Email address: help@NocturnalNetworks.com
- Any complaint can be reported within 30 days of the happening of the occurrence of the triggering event. If you fail to do so, then any issue will be entertained only at our sole discretion.
CHANGE TO THE TERMS
NocturnalNetworks may need to make changes to the Terms to make them relevant to new/improved Services, policies and guidelines. We shall not be required to notify the User of any changes made to these Terms. The revised Terms shall be made available on our website or application or other Services. It is the responsibility of the User to check for updates from time to time. If the User does not agree with the updated Terms, then such User may stop using our Services. If you continue to use our Services after changes are made to the Terms, the changes will be deemed to have been accepted by you.
If any provision of these Terms is held invalid or unenforceable, the remaining valid portion of the Terms will remain in force and effect.
Delay or failure on the part of either party to this contract to exercise any right hereunder will not be considered as a waiver of that right.
- Any right and obligation under these Terms shall not be transferred or assigned by you without our prior approval. Any attempted transfer or assignment in violation hereof shall be null and void.
- NocturnalNetworks can assign its rights and obligation freely under these Terms without any restriction or consent.
APPLICABLE LAWS AND DISPUTES
- These Terms are governed by the laws of India without giving effect to principles of conflict of law.
- In the event of any dispute arising out of or relating to these Terms or the use of the Services, you shall settle the same amicably through negotiation at the offices of NocturnalNetworks. In case the dispute is not resolved amicably, the same will be brought to the exclusive jurisdiction of courts at Bangalore.