BLUE FROG WEBSITE TERMS AND CONDITIONS OF USE

Last updated: July 2008

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND BY ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE.

These terms and conditions of use ("Site Terms") apply to your use of this website (the "Site"), and do not alter in any way the terms or conditions of any other agreement you may have with Blue Frog or its subsidiaries or affiliates. By using this Site, you represent and warrant that you are over the age of 18 and are lawfully able to accept these Site Terms. If you are using the Site on behalf of any entity, you further represent and warrant that you are authorized to accept these Site Terms on such entity's behalf, and that such entity agrees to indemnify Blue Frog for violations of these Site Terms.

Privacy Policy

Blue Frog is committed to protecting your privacy. Please refer to our Privacy Policy for information on how we collect, use and disclose personal information.

Ownership of the Site and its Contents

This Site is owned by Blue Frog. Unless otherwise indicated, all of the content featured or displayed on this Site, including, but not limited to, text, graphics, data, photographic images, moving images, musical compositions, sound recordings, illustrations, software, and the selection and arrangement thereof ("Blue Frog Content"), is owned by Blue Frog, its licensors, clients, content providers and registered users.

All elements of the Site, including the Blue Frog Content, are protected by copyright, trade dress, moral rights, trademark and other laws relating to the protection of intellectual property.

Use of the Site

This Site and the Blue Frog Content are intended for customers and content providers of Blue Frog. You may not use this Site or the Blue Frog Content for any purpose not related to your business with Blue Frog. You are specifically prohibited from:

(a) downloading, copying, or re-transmitting any or all of the Site or the Blue Frog Content without, or in violation of, a written license or agreement with Blue Frog;

(b) using any data mining, robots or similar data gathering or extraction methods;

(c) manipulating or otherwise displaying the Site or the Blue Frog Content by using framing or similar navigational technology;

(d) registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party for any Blue Frog product or service if you are not expressly authorized by such party to do so; and

(e) using the Site or the Blue Frog Content other than for its intended purpose.

Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws, the laws of privacy and publicity, and applicable communications regulations and statutes.

You represent and warrant that you will comply with all applicable laws and regulations, including, without limitation, those relating to the Internet, data, e-mail, privacy, and the transmission of technical data exported from the India or the country in which you reside.

Copyright Infringement Policy

In accordance with the applicable laws, Blue Frog has adopted a policy of terminating, in appropriate circumstances and at Blue Frog's sole discretion, account holders who infringe the intellectual property rights of Blue Frog or any third party.

Copyright Complaints

If you believe that any material on the Site infringes upon any copyright that you own or control, you may file a notification of such infringement with our Designated Agent as set forth below:

Copyright Agent

Blue Frog Media Pvt. Ltd -Legal Department

D/2, Mathuradas Mill Compound, N.M.Joshi Marg, Lower Parel, Mumbai – 400 013, India

We may give notice of a claim of copyright infringement by means of a general notice on the Site, electronic mail to a user's e-mail address, or by written communication sent by first-class mail to a user's address.

Trademarks

Blue Frog Trademarks, the Blue Frog logo, and any other product or service name or slogan contained in the Site are trademarks of Blue Frog and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Blue Frog or the applicable trademark holder. You may not use metatags or any other "hidden text" utilizing "Blue Frog" or any other name, trademark or product or service name of Blue Frog without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Blue Frog and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

Links

You may not use a Blue Frog logo or other proprietary graphic of Blue Frog to link to this Site without the express written permission of Blue Frog. Further, you may not frame any Blue Frog trademark, logo or other proprietary information, including the Blue Frog Content, without Blue Frog's express written consent.

Blue Frog makes no claim or representation regarding, and accepts no responsibility for, directly or indirectly, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Site, or websites linking to the Site. Such sites are not under the control of Blue Frog and Blue Frog is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Blue Frog provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by Blue Frog of any site or any information contained therein. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.

Your participation, correspondence or business dealings with any third party found on or through the Site, regarding the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that Blue Frog shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.

Registration Data and Account Security

In consideration of your use of the Site, you agree to: (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain and promptly update the Registration Data, and any other information you provide to Blue Frog, to keep it accurate, current and complete; (c) maintain the security of your password and identification; (d) notify Blue Frog immediately of any unauthorized use of your account or other breach of security; (e) accept all responsibility for any and all activities that occur under your account; and (f) accept all risks of unauthorized access to the Registration Data and any other information you provide to Blue Frog.

Press Releases

The information contained within press releases issued by Blue Frog should not be deemed accurate or current except as of the date the release was posted. Blue Frog has no intention of updating, and specifically disclaims any duty to update, the information in the press releases. To the extent any information therein is forward-looking, it is intended to fit within the safe harbor for forward-looking statements, and is subject to material risk.

Indemnification

You agree to defend, indemnify and hold harmless Blue Frog, its parent company, subsidiaries, affiliates, licensors, employees, agents, third party information providers and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any User Content that you post, store or otherwise transmit on or through the Site, your conduct, your use or inability to use the Site, your breach or alleged breach of the Site Terms or of any representation or warranty contained herein, your unauthorized use of the Blue Frog Content, or your violation of any rights of another.

Disclaimer

THIS SITE AND THE BLUE FROG CONTENT ARE PROVIDED "AS IS" AND BLUE FROG AND ITS PARENT COMPANY, SUBSIDIARIES, DIRECTORS, EMPLOYEES, CONTENT PROVIDERS, AGENTS AND AFFILIATES EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. BLUE FROG WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR THE BLUE FROG CONTENT, OR THE UNAVAILABILITY OF THE SAME, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, AND DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE FUNCTIONS EMBODIED ON OR IN THE MATERIALS OF THIS SITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT BLUE FROG, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS SITE OR THE BLUE FROG CONTENT. WE MAKE NO WARRANTY THAT THE SITE OR THE BLUE FROG CONTENT IS FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES.

Blue Frog uses reasonable efforts to ensure the accuracy, correctness and reliability of the Blue Frog Content, but we make no representations or warranties as to the Blue Frog Content's accuracy, correctness or reliability. Content types (including genres, sub-genres and categories and sub-categories and the like) and descriptions are provided for convenience, and you acknowledge and agree that Blue Frog does not guarantee their accuracy.

Blue Frog offers the Blue Frog Audiolibrary Service to evaluate musical material on the Site. Blue Frog explicitly disclaims any responsibility for the content or availability of information contained in the search index or directory. Blue Frog also disclaims any responsibility for the completeness or accuracy of any directory or search result. You understand that by using the Site, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language. Nevertheless, you agree to use the Site at your sole risk and further agree that Blue Frog shall have no liability to you for content that may be found to be offensive, indecent, or objectionable.

Some foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions.

Limitation of Liability

IN NO EVENT SHALL BLUE FROG, ITS PARENT COMPANY, SUBSIDIARIES, DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, THE SERVICES, THE BLUE FROG CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM BLUE FROG, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO BLUE FROG'S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF BLUE FROG, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO BLUE FROG FOR ACCESS TO OR USE OF THE SITE.

Applicable Law and Venue

Any dispute relating in any way to your use of the Site or the Blue Frog Content shall be submitted to confidential arbitration in the courts of Mumbai, Maharashtra, India except that, to the extent you have in any manner violated or threatened to violate Blue Frog's intellectual property rights, Blue Frog may seek injunctive or other appropriate relief in any court in the State of Maharashtra, and you consent to exclusive jurisdiction and venue in such courts.

Termination

Notwithstanding any of these Site Terms, Blue Frog reserves the right, without notice and in its sole discretion, to terminate your account and/or to block your use of the Site.

Miscellaneous Provisions

Any waiver of any provision of the Site Terms will be effective only if in writing and signed by Blue Frog. If any clause in these Site Terms is found to be unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect. Any rights not expressly granted herein are reserved.

Changes to Site Terms

Blue Frog reserves the right to change any of the terms and conditions contained in the Site Terms or any policy or guideline of the Site, at any time and in its sole discretion. When we make changes, we will revise the "last updated" date at the top of the Site Terms. Any changes will be effective immediately upon posting on the Site. Your continued use of the Site following the posting of changes will constitute your acceptance of such changes. We encourage you to review the Site Terms whenever you visit one of our websites.

Questions and Contact Information

Questions or comments about the Site or Site Terms may be directed to Blue Frog at alcustomerservice@bluefrog.co.in