This is an Agreement between Daami Music (“Daami Music”, “We”, “Us”) and the user (“You”, “Your”) of the Daami Music Application (the “App”) to provide Daami Music Services (“the Service”) to the user. This agreement contains the terms and conditions for a user intending to purchase, subscribe, benefit from, access, or receive the services of Daami Music. The services provided by Daami Music (Smooth Creation P. Ltd.) may be made available to a user upon payment of a charge/bill or free of charge. A user using any of the services shall be assumed to have read, understood, and accepted these Terms and Conditions before, during and after the purchase and/or download of the App and while using the website. Any specific terms, conditions, instructions, or service limits relating to the Services that you chose in your Daami Music subscription package will be treated as part of this Agreement.
“Services” shall mean all video, audio (including karaoke), data, interactive content, and other programming services and all other services delivered via Daami Music that we may provide to our customers in the future, including, without limitation, any and all software, features and/or functionality related to and/or made available through video, audio, data, interactive content, and other programming services and/or the equipment relating to the App and Services relating to it.
Daami Music provides entertainment services (Services) like online and offline music streaming. Services are not only limited to songs content but also includes Online Digital Contents like Karaoke and Radio at a price and on the terms and conditions as set out in this agreement.
Agreeing to these Terms and Conditions, Daami Music permits you a non-exclusive, non-transferable, right to access and use multiscreen web and apps, view the Digital Content(s) on the Daami Music platform, and enables the multi login detection feature.
Changes in Services Offered
We may add, delete, rearrange, alter, interrupt, change, and/or eliminate any and all programming, programming packages, and/or other Services that we offer, as well as the prices and fees related to such programming, programming packages and/or other Services that we offer, at any time and from time to time, including, without limitation, during any term commitment period to which you have agreed to. In the event that we add, delete, rearrange, alter, interrupt, change, and/or eliminate any programming, programming packages, and/or other Services that we offer, we have no obligation to replace or supplement such programming, programming packages, and/or other Services. You will not be entitled to any refund if we add, delete, rearrange, alter, interrupt, change, and/or eliminate any programming, programming packages, and/or other Services that we offer.
The site content, site code, App code and App content are owned by Daami Music and/or its licensors and content providers, and are protected by applicable domestic copyright laws.
© Copyright 2018 Daami Music. All Rights Reserved. Unless expressly permitted elsewhere in the site & apps by Daami Music, you shall not record, copy, distribute, publish, perform, modify, download, transmit, transfer, sell, license, reproduce, create derivative works from or based upon, distribute, post on third party applications and websites, publicly display, frame, link, or in any other way exploit any of the Site Content or Site Code, in whole or in part. Any rights not expressly granted to you are reserved.
Daami Music can upload karaoke tracks following the consent of the relevant artists and can claim the copyright on its production. Any violation of copyright laws may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
Any user intending to use Daami Music is required to register with Daami Music and the Services. The user will be required to provide certain information at the time of registration and the user will be assigned an account (“Account“) with a username and a password. Registration permits the User to subscribe to the Services and to purchase limited right to the Content.
The User agrees to provide accurate, complete, and valid information at the time of registration and keep such information updated. The User is responsible for keeping the details of the Account and the password safe and secure from unauthorized and inappropriate use. The User acknowledges that Daami Music shall not be liable to the User or any third party for the loss or misuse of the information relating to the Account or the password.
You may also register for the Daami Music Service by using your Facebook or Google login. If, however, you are under 18 years of age, you may login to Daami Music Service using Facebookor Google Connect and utilize the Daami Music Service only under the supervision of your parent or legal guardian. Using Facebook Connect allows us to personalize and enhance your experience while using the Daami Music Service, based on your personal information, profile, likes, and other relevant information. When you use this feature, you expressly consent to information about your activity on the Daami Music Service (i.e. what you have listened to, what you have liked, ratings given by you, etc.) being continuously released and automatically posted on your Facebook account (which has been used to log in) and made available to your friends on Facebook. You may control the information being shared through Facebook Connect by changing your account / privacy settings.
By registering through Facebook or Google, you agree to the Terms stated herein and in addition to any other specific terms which shall be posted at the appropriate location on the Site. Each registration shall be for a single individual user only.
Daami Music has the right to terminate the Service to any User or permanently ban the User if any information provided by such user is false, inaccurate, or misleading without any further notices.
In order to access some features of the Service, you will have to create a Daami Music account. You may not use another user's account without permission. When creating your account, you must provide accurate and complete information. You are responsible for the activity that occurs on your account, and you must keep your account password confidential and secure at your own risk. You must notify Daami Music immediately of any breach of security or if unauthorized use of your account occurs.
Daami Music will not be liable for any losses to you caused by any unauthorized use of your account. The User is solely responsible for maintaining the privacy and security of their Account and is advised against revealing any Account information to any other persons. Daami Music shall not be responsible for any losses arising from the unauthorized use of the Account.
Account termination policy
Daami Music will terminate a User's access to the Service if, under appropriate circumstances, the user is determined to have infringed the Terms of Service.
The User may apply for the termination of the monthly subscription at any time. Their subscription shall get terminated from the effective expiry date of the already purchased subscription, and shall not be charged form the next month onwards.
Any songs, karaoke packages, or any service (in a-la-carte) purchased by the User from the Daami Music Service is not provisioned to be refunded. If there are any technical difficulties in the online streaming service, the respective payment for the respective subscription shall only be refunded to the registered online wallet of the User.
Daami Music does not provision to refund any amount once recharged into the Daami Music account wallet or Daami Music Services via any payment gateways, including but not limited to NTC, NCELL, eSewa, Khalti, Pravu Pay etc. (for Nepal) and Paypal, Credit Cards, Google Wallet, Apple Wallet etc. (outside of Nepal).
The user shall pay for the Service contents via payment gateways integrated into the Daami Music platform for the use of the premium & pay content Services, and by agreeing to these Terms & Conditions the User expressly authorizes Daami Music to bill/charge and collect for purchases and other transactions in respect of the Services.
Users agree to pay for all Services and subscriptions purchased through the Services when they become due and payable. Daami Music may bill the users for any fees or purchases.
Users shall be refunded for account payments such as Top Up payments (for wallet refill) with a valid explanation and upon verifying the utilization of the payment. Users shall not be refunded if the Top Up amount has been utilized once.
Daami Music ensures to make all reasonable efforts to make the Content reach every User. The User accepts that at times this may be affected by things beyond the control of Daami Music due to force majeure events, including interruptions due to storm, fire, casualty, unanticipated work stoppage, power outage, satellite failure, strike, lockout, labor dispute, civil disturbance, riot, war, national emergency, act of Government, act of public enemy, or other cause of similar or dissimilar nature, and agrees that Daami Music shall not be liable for any delay or disruption caused by such interruptions.
Daami Music shall not be liable if the delivery of the Services through the App or the Website is interrupted due to your internet connection. You will need to talk to your Internet Service Provider for any such interruption to be diagnosed and resolved.
On occasion, technical problems may delay or prevent the delivery of the product services summoned by the User.
Users accepts that some aspects of the Services entail the ongoing involvement of Daami Music and that interruptions or discontinuation may occur when Daami Music is implementing any changes to the Services and that the User may not be able to use the Services to the same extent as prior to such change, and that Daami Music shall not be accountable for any delay or disruption caused by such interruption.
Daami Music holds the rights to change, suspend, remove, or disable access to any Services, contents, or other materials comprising any part of the Services at any time without notice.
The User accepts that the Services purchased through the Daami Music App or the Website include a security framework which uses technology that protects digital information and limits the usage of the products and the Services to certain usage rules published by Daami Music.
Users shall not attempt to or assist another person to, elude, reverse engineer, decompile, disassemble, or otherwise tamper with any of the security components related to such Usage Rules for any reason.
This Agreement is governed by the rules and regulations of Nepal.
Third Party materials and websites
The User accepts that content and services available through Services may include materials from third parties. Daami Music may provide links to such third party websites to acknowledge and agree that Daami Music shall not be responsible for examining or evaluating the content or accuracy of any such third party material or website.
The User accepts and agrees that the Services, including but not limited to graphics, audio, movies, and editorial content, contains proprietary information and materials that is owned by Daami Music and/or its licensors and is protected by applicable intellectual property and other laws, including but not limited to copyright, trademark, and other proprietary rights. The User shall not use such proprietary information or materials in any way whatsoever except for use of the Services in compliance with the terms of this Agreement. No portion of the Services may be reproduced in any form or by any means.
The User agrees not to, in any manner, modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, and shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, trespassing or burdening the network capacity.
Daami Music, the Daami Music logo and other Daami Music trademarks, service marks, graphics, and logos used in connection with the Services are trademarks or registered trademarks of Daami Music. The User is not granted any right or license with respect to any of the aforementioned trademarks and any use of such trademarks.
To the extent permitted by applicable law, you agree to defend, indemnify,and hold harmless Daami Music, its officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of the Terms of Service; (iii) your violation of any third party rights, including, without limitation, any copyright, property, or privacy rights; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive the Terms of Service and your use of the Service.