Term and Condition
Please read these Terms and Conditions carefully before accessing or using Gully Beat (“App”).
- These Terms & Conditions may be updated and/or modified from time to time without prior notice, and you agree to be bound by any such updates and modifications.
- In order to access the services provided on the App, you must create an account, either by registering directly through the app by using your email address or logging in through one of your social media accounts (Facebook/Google account).
- This App is accessible via mobile phones, tablets and other wireless devices. Using this app will incur your network provider’s standard data charges and other fees. You are solely responsible for these charges.
- You consent to receiving electronic communications from Gully Beat, including push notifications, emails, etc. You may control whether you receive such communications by unsubscribing from promotional emails or turning off push notifications within your App/device.
- You are responsible for all activity that takes place through your account and therefore you represent to Excel that you are providing accurate and truthful information while creating your account. Excel reserves the right to suspend, deactivate or delete your account, without prior notice, in the event that these Terms and Conditions are not complied with.
- The App enables you to create an original username or a username that is generated by the App. We reserve the right to prohibit or reassign certain usernames that may be constituted as inappropriate or objectionable.
- Our App is intended for users over the age of 18. By using the App you represent and warrant that you are at least 18 years of age or such older age as prescribed by the law of the country you reside in.
- Your use of the App and the content you post on the App are your responsibility. Under no circumstances shall Excel or Gully Beat be liable in any way for any content that is created on the App.
- You may not post any content that may be constituted as abusive, bullying, defamatory, hateful, objectionable, offensive, pornographic, racist, threatening, violent, unlawful or vulgar. Excel takes no responsibility for content that is created on the App.
- However, Excel may take any action it deems suitable and/or necessary against any user who posts any kind of abovementioned content. Excel reserves the right to remove any content that violates these terms.
- While the App provides the option to share content on third party websites (such as Facebook, Twitter, Instagram, etc), it does not endorse such websites nor shall it be liable for the content on these websites. These websites have their own Terms & Conditions and Privacy Policies, which you are advised to review.
- You agree that the content created and shared by you on the App will be used solely for personal and non-commercial purposes.
- Excel holds all rights, title and interest in the audio, visuals, text, graphics and other content provided on the App (excluding content provided by users). Excel also solely owns all design rights, databases and compilations, and other intellectual property rights in and to Gully Beat, in each case whether registered or unregistered, and any related goodwill.
- You are responsible for your use of the Services, for any content you provide, and for any consequences thereof, including the use of your content by other users and our third party partners. Excel will not be responsible or liable for any use of your content by Excel in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any content that you submit.
- You hereby grant to Excel an unrestricted, royalty-free and worldwide license to use your content. Excel may use your content to reproduce, distribute, publicly display, publicly perform, make available, create derivative works from, etc, for the purposes including but not limited to promotion of the App. You hereby irrevocably waive all your moral rights in respect to the content you create on the App.
- Excel grants you a royalty-free, non-exclusive license to use the App in order to create and share your own content for non-commercial purposes only. You do not retain any rights in the music and/or lyrics that are provided to you by the App.
- For users of the ‘Pro Mode’, you will retain ownership rights in the lyrics and the vocal portion of the App. However, Excel and/or third parties retain ownership rights in the music and the beats that you may use to create your content. Subject to any third-party rights in any pre-existing content that is a part of your original lyrics, and subject to the license you grant to Excel, you retain ownership of any rights pertaining to your original lyrics that you may provide.
- You represent and warrant that the content you create and/or share does not infringe upon the rights of any other parties. In the event that Excel uses your content for any purpose, it shall not be required to obtain licenses from or pay fees, royalties, etc to other parties. The usage of your content by Excel shall not result in a breach of a third party contract.
- These Terms & Conditions shall apply to you throughout your use of the App and until terminated by you or Excel. You can terminate your use of the App by contacting support. Excel solely reserves the right to terminate your use of the App, without any notice in the event that you breach these Terms & Conditions.
You agree that your use of the App is at your sole risk. Excel makes no warranties or representations about the App or its content including but not limited to its accuracy, truth, timeliness, reliability or completeness. Excel is not liable for any errors or omissions or for any delays or interruptions of the data or information stream from whatever cause. As a user, you are using the App at your own risk. Excel does not warrant that the App will operate error free or that it is free of viruses. If your use of the App results in the need for servicing your device or replacing it, Excel shall not be responsible for the costs of the same. The App and all the content on it is provided on an “As Is” and “As Available” basis, without any warranties.
Limitation of Liability:
In no event shall Excel, or its employees, directors or agents be liable to you for any kind of damages whatsoever that may result from your use of Gully Beat, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. This includes loss of profits, goodwill, personal data, or any intangible damages. Excel shall not be responsible for any damages that are caused to third parties as a result of your usage of the App.
To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Gully Beat and Excel, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debts, and expenses (including but not limited to legal fees) arising from: (a) your breach of these Terms & Conditions; (b) your access to, use, or misuse of the App; or (c) the content you create. This defence and indemnification obligation will survive these Terms of Service and your use of the Service.
Gully Beat operates from India and as such makes no representations that the usage of the App will be lawful or appropriate in any other jurisdiction. Users that access the App from outside of India are solely responsible for complying with their local laws. Any claims or legal proceedings shall only be brought to Courts in Mumbai that shall have exclusive jurisdiction.