In order to use the Software Product and the Services, tbtl may collect information including but not limited to device identity. Tbtl shall not have access to any confidential data like the bank account number(s), debit/ credit card number(s), card expiry date(s), card security codes. In future, Tbtl also may collect the IP address of the Device.
The Software Product and the Services do not and never will,take any backup of your data or modify or copy any content from your Device.
Tbtl will never look at your individual data unless you are having technical difficulties, it is required by law, or it is necessary to maintain Tbtl's system. However, Tbtl may capture the number of characters manually uploaded by the User.
Tbtl may use this information for other purposes such improving the Software Product experience. Tbtl may also use the information for identifying the trends in user behaviour; however, such use will be based on aggregation of all data collected. Tbtl will not transact in any individual information.
The Software Product and the Services, or certain components thereof may be accessible to you subject to your payment of such user fees as may be determined by Tbtl, from time to time. You are responsible for obtaining complete access to the Software Product and the Services, which access may involve third party fees (such as Internet service provider charges). Tbtl will never sell or rent your billing information to any third parties, except for the purpose of processing the online payment transaction, as and when required. Tbtl may, however, disclose your billing information as may be required by the Applicable Law.
Your information is maintained by Tbtl in electronic form on its equipment. Such information may also be converted to physical form from time to time. Tbtl takes all necessary precautions to protect the User's personal information both online and off-line, and implement reasonable security practices and measures including certain managerial, technical, operational and physical security control measures that are commensurate with respect to the information being collected.
Tbtl makesthe Users’ information accessible to its employees, agents or partners and third parties only on a need-to-know basis, and binds all such employees to strict confidentiality obligations.
Notwithstanding the above, Tbtl shall not be responsible for the confidentiality, security or distribution of your information by any third parties outside the scope of Tbtl's agreement with such third parties. Further, Tbtl shall not be responsible for any breach of security or for any actions by any third parties or events that are beyond Tbtl's reasonable control including, acts of government, computer hacking, unauthorized access to computer/mobile data and storage device, Device crashes, breach of security and encryption, poor quality of internet service or mobile network of the User etc.
THIRD PARTY COMPONENTS
RamuKaka – Multi utility keyboard leverages & build on third party components (which may include opensource softwares) as well.
To the limited extent a third-party license expressly supersedes this Agreement, that third party license governs Customer’s use of that third party component.
THIRD PARTY CONTENT
Any content from third party websites are the responsibility of those sites and not Tbtl. We do not claim any ownership of such content and have no knowledge of whether content on third party websites is or is not authorized by the content owner as that is a matter between the site that hosts the audio content and the content owner. Tbtl does not host any audio or video content on its servers or network.
Tbtl is a pro-DMCA website and as such Content Owners can use the DMCA protocol (Digital Millennium Copyright Act of 1998) to request removal of links to audio that they believe infringe their copyright.
Content owners must understand that by having a link removed from tbtl they will not be removing the actual source from the 3rd party site. Content owners must contact the audio and video hosting site themselves to request removal.
We only accept requests for individual links to be removed. If you wish to request multiple link removals please use just one DMCA notice but list all the URLs in that request.
For Audio and Video content, Tbtl does not stream any of the channels included in its website/app, All the streaming links are from third parties available free on the internet. We are official partners of SHOUTcast, and source Radio stations content from there. However, incase, as a Content Owner you wish to have your content removed, please email us the channel name & the reason for requesting the removal to firstname.lastname@example.org, and we will respond expeditiously to the request.
END USER LICENSE AGREEMENT
This End User License Agreement is a legal agreement between you and Thebanyantree Limited (tbtl”), governing your use of the Software Product (term defined hereunder) and the Services(term defined hereunder).
FOR THE PURPOSE OF THE TERMS AND WHEREVER THE CONTEXT SO REQUIRES, THE TERMS “USER” “YOU” AND “YOUR” SHALL MEAN ANY PERSON WHO USES OR ACCESSES, WHETHER THROUGH MANUAL OR AUTOMATED MEANS, THE SOFTWARE PRODUCT AND THE SERVICES IN ANY MANNER WHATSOEVER.BY PROCEEDING TO INSTALL AND USE THE SOFTWARE PRODUCT AND AVAIL THE SERVICES, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT, DO NOT CONTINUE TO DOWNLOAD AND USE THE SOFTWARE PRODUCT.THIS AGREEMENT SHALL BECOME EFFECTIVE AND BINDING ON THE PARTIES AS OF SUCH DATE ON WHICH YOU SELECT THE “I ACCEPT” BUTTON, DOWNLOAD, ACCESS, INSTALL OR OTHERWISE USE THE SOFTWARE PRODUCTAND THE SERVICES. YOU AND TBTLSHALL HEREINAFTER BE INDIVIDUALLY REFERRED TO AS ‘PARTY’ AND JOINTLY AS ‘PARTIES’.
The User hereby agrees that the Software Product and the Services are intended only for persons attained the age of majority and that the User is at least 18 years of age and is fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
If the User is using/accessing the Software Product and the Services as a representative of any person/entity, the User acknowledges that he/she is legally authorized to represent that person/entity.
Tbtl hereby grants you a perpetual, revocable, non-transferable, non-exclusive license to use the SoftwareProduct and avail the Services solely for your own individual, personal, non-commercial use. The Software Product is licensed, and not sold to you, and Tbtl retains the ownership of all copies of the Software Product even after its installation on your mobile phone, computer, tablet, portable electronic device, or any hardware device of such specifications as may be prescribed by Tbtlfrom time to time. Tbtlmay assign this license or any part of it without restrictions. You agree not to make any use of the Software Productand the Services beyond the scope of authorized access as set forth in this Agreement.
(i) Use, reproduce, copy, modify, transmit, adapt, vary, exploit or create derivative works based on the Software Product, in whole or part;
(ii) interfere with or disrupt the integrity of the Software Product and the Services or any third party data stored therein;
(iii) attempt to gain unauthorized access to the Software Product and the Services or related systems;
(iv) Rent, lease, sub-license, display, perform, distribute, broadcast, assign, sell or otherwise transfer or make available the Software Product andthe Services, or any portions thereof, to any third party or allow any such item (or the documentation relating thereto) to be accessed by or copied onto another person's device;
(v) Translate, reverse engineer, decompile, or disassemble the Software Product andthe Services; or use any access software system to search the data in the Software Product andthe Services other than the Software Product andthe Services provided under this Agreement;
(vi) Remove any proprietary notices or labels or any copyright management information (CMI) contained on, around or in the Software Product andthe Services;
(vii) Bypass, modify, defeat or circumvent the security technology used to deliver or protect the Software Product andthe Services or the CMI associated with theSoftware Product andthe Services; and
(viii) Use the Software Product and/or the Services for developing any competing product or service, creating benchmark data, or in any unlawful or infringing manner.
You agree to comply with all applicable laws, rules and regulations. Should you use the Software Productand/or the Services to break any applicable law, rule, regulation or this Agreement, your right to use the Software Productand the Services shall terminate immediately and without notice, and Tbtl and its licensors and third-party providers (collectively “Licensors”) are not liable for any damage or loss resulting from such termination.
9.1 Tbtl retains the Intellectual Property and similar rights of any type under the laws of any Government Authority, including all applications and registrations relating to any of the foregoing and all statutory and common law rights throughout the world in, arising out of or associated therewith, including all copies thereof in, to and for the Software Product and the Services, except for the license rights granted to you expressly under this Agreement. Without limitation, Tbtlowns the trademarks, domains, the Software Product and the Services and all other content made available through the Source, and the copyrights in and to the Software Product and the Services, and the technology used in providing the Software Product and the Services. You will not acquire any right, title or interest therein under this Agreement or otherwise to any intellectual property owned byTbtl. No right or license is granted or implied under any of Tbtl’s, or its licensors’, patents, copyrights, trademarks, trade names, service marks or other intellectual property rights beyond the rights and restrictions explicitly set forth in this Agreement. Tbtlreserves a right to terminate the License in the event of infringement of copyrights or other intellectual property rights of Tbtlor others.
9.2 All Tbtl’s registered and unregistered trademarks or trade dress, service marks, trade names, logos, domain names, and any other features of Tbtl’s brand whether appearing or not on the Software Product and the Services, are its sole property. This Agreement does not grant you any rights to use or display Tbtl’s trademarks, service marks, trade names, logos, domain names, or any other features of our brand, whether for commercial or non-commercial use. Other than Tbtl's owned trademarks, all other trademarks appearing on the Software Product (“Third Party Marks”) are trademarks of their respective owners. You may not use Third Party Marks without the written permission of such third party.
9.3 You do not claim ownership over any representations created by or through the Software Product and the Services.
9.4 You agree not to commit any acts, directly or indirectly, which may contest, dispute, or otherwise impair the rights, title or interest of Tbtlin or to the Intellectual Property Rights in the Software Product and the Services. You agree not to claim or assert any rights, title or interest in or to the Software Product and the Services in any way. You will not use any language or communicate to any third party in such a manner as to create the impression that the Software Product and the Services belong to and/or are owned by you. You indemnifyTbtl from all Intellectual Property Rights related issues.
9.5 Tbtlexpressly reserves all other rights in and to the Software Product and the Services, and Intellectual Property rights therein are not granted hereunder.
If a court determines that the Software Product and the Services or part thereof infringes the Intellectual Property rights of a third party, Tbtl will, at its option, use commercially reasonable efforts to: (i) obtain for Tbtl, the right to continue to use the Software Product and the Services consistent with this Agreement; (ii) modify the Software Product and the Services so that it is non-infringing; (iii) replace the infringing component with a non-infringing component; or (iv) refund a pro-rata portion of any pre-paid fees related to using the Software Product and the Services, if applicable and paid by you hereunder, upon which all of User’s rights and licenses under this Agreement shall automatically terminate.
Tbtl shall have no liability for a claim of infringement arising from: (i) any third-party software; (ii) the combination of the Software Product and the Services with products or services not provided by Tbtl, which claim would have been avoided but for such combination; (iii) the modification of the Software Product and the Services other than as directed by Tbtl; or (iv) the use of the Software Product and the Services in a manner not permitted or contemplated hereunder. THIS SECTION STATES YOUR SOLE AND EXCLUSIVE REMEDY AND TBTL’S ENTIRE LIABILITY WITH RESPECT TO ANY ACTUAL OR ALLEGED INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS BY THE SOFTWARE PRODUCT AND THE SERVICES OR ANY PART THEREOF. The obligations of Tbtl set forth above are the sole obligations and exclusive liability of Tbtl towards you, and your sole recourse and remedy against Tbtl, for any claim or allegation of violation, infringement or misappropriation of intellectual property rights by the Software Product and the Services.
You agree to defend, indemnify and hold harmless Tbtl and its officers, employees and agents from and against any claims, losses, liabilities, damages, and expenses suffered by Tbtl or its officers, employees and agents arising from your negligence, willful misconduct or breach of the terms of this Agreement.
Neither Party shall be in breach of the Agreement due to failure of performance that arises due to an event of Force Majeure.
Tbtl will make reasonable efforts to keep the Software Product operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions to the functioning of the Software Product. Tbtl reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, any of the functions and features of the Software Product, with or without notice, all without any liability towards you for any interruption, modification, or discontinuation of the Software Product or any function or feature thereof. You understand and agree that Tbtl has no obligation to maintain, support, upgrade, or update the Software Product, or to provide all or any specific content through the Software Product.