Welcome and thank you for using Moonstone Multimedia LLP (“Moonstone”, “we”, “our”, or “us”). By accessing or using our website, you agree to comply with and be bound by these Terms and Conditions (“Terms”). If you do not agree to these Terms, you must not use our services.
1. SERVICES PROVIDED
Moonstone Multimedia LLP shall provide the following services:
- Music Services
- Music Composition and Production Services, including:
- Lyric writing
- Background music scoring
- Music composition
- Music arrangement
- Music production
- Mixing and mastering
b) Audio-Visual Production Services, including:
- Scriptwriting
- Storyboarding
- Talent scouting
- Prop and equipment sourcing
- Shoot planning and budgeting
- Shooting
- Editing
- Color grading
- Visual effects (VFX)
- Animation
- Dubbing
- Voice-over
1.2. Production Services
- Music recordings, including singles, EPs, and albums.
- Pre-production and post-production services for:
- Music videos
- Documentaries
- Short films
- Feature films
- Pilot episodes for television or web series
- Television or web series production
2. YOUR ACCEPTANCE OF THESE TERMS OF USE.
- By accessing or using the services provided by Moonstone (“Moonstone Services”), you acknowledge and agree to comply with these Terms of Use (“Terms”). It is essential that you read these Terms carefully as they constitute a legally binding agreement between you and Moonstone Multimedia LLP. If you do not agree with any part of these Terms, you must immediately discontinue your use of Moonstone Services.
- These Terms govern all aspects of your use of Moonstone Services, and your continued access to
and use of these services indicate your acceptance of and agreement to be bound by these Terms.
- Please be aware that Moonstone reserves the exclusive right to modify these Terms of Use at any time and at its sole discretion. It is your responsibility to review these Terms regularly. Each time you use Moonstone Services, you should revisit these Terms to familiarize yourself with any modifications that may have been made. We may provide notice of such changes by posting the revised Terms on the Moonstone Services platform or through other reasonable means. Your continued use of Moonstone Services following any such notice will be considered your acceptance of the modified Terms of Use, and you will be legally bound by those revised Terms in your
ongoing use of the services provided by Moonstone Multimedia LLP
3. INTELLECTUAL PROPERTY:
- Moonstone Multimedia LLP retains exclusive ownership and rights to the Content.
- Users must adhere to all copyright notices, information, and restrictions found in any Content accessed through the Services. The Site is safeguarded by Indian copyright laws, international conventions, and other copyright regulations.
- MOONSTONE MULTIMEDIA grants users a limited, non-exclusive, non-transferable, non-
sublicensable right to view and play the Content solely for personal, non-commercial purposes.
- Users are granted a limited, non-exclusive, non-transferable license to access and use the Content for personal, non-commercial purposes only.
- If a user intends to use the Content for commercial purposes, they must submit a business inquiry to MOONSTONE.
- MOONSTONE requests that if a user utilizes any documents (such as articles and other texts) and related graphics (such as images, photographs, maps, charts, and illustrations) available on the Site or Service for research leading to an article, book, or other publication, they should list MOONSTONE MULTIMEDIA LLP as a resource in their bibliography. Users must also obtain prior permission, give proper credit, and ensure that the MOONSTONE MULTIMEDIA copyright notice is visible on all copies.
- Documents and graphics available from the MOONSTONE MULTIMEDIA Site may be used only
for informational, non-commercial, and personal purposes, without any modifications.
4. HEADINGS:
The headings and subheadings contained herein are merely for the purpose of convenience and identification; they have no meaning whatsoever and are not intended to define, interpret, explain, or restrict the scope, extent, or intent of this Agreement, the TERMS AND CONDITIONS, or the User’s right to use the Website or any other section or pages of the Website or any Linked Sites.
5. INTERPRETATION OF NUMBER AND GENDERS:
The terms and conditions herein shall apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine and feminine. The words “include”, “includes” and “including” shall be deemed to be followed by the phrase “without limitation”. Unless the context otherwise requires, the terms “herein”, “hereof”, “hereto”, “hereunder” and words of similar import refer to this Agreement as a whole.
6. OWNERSHIP:
- Proprietary Rights:
- Moonstone Multimedia, along with its partners owns, solely and exclusively, all rights, title, and interest in and to the Site, all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video, copy, lyrics, software, etc.), code, data, and materials thereon, the look and feel, design, and organization of the Site, and the compilation of the content, code, data, and materials on the Site, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights, and other intellectual property and proprietary rights therein.
- Your use of the Site does not grant you ownership of any content, code, data, or materials you
may access on the Site. You may view the content on the Site on your computer or other internet- compatible devices, and make single copies or prints of the content on the Site for your personal, internal use only. Any commercial distribution, publishing, or exploitation of the Site, or any content, code, data, or materials on the Site, is strictly prohibited unless you have received the express prior permission of Moonstone Multimedia or the applicable rights holder. The Site may contain features that enable you to obtain rights to use certain of the content on the Site, such as lyrics, music, photographs, and the like. In such situations, your rights to use such content are limited to the rights expressly granted by Moonstone Multimedia in such situations.
- You may not otherwise copy, reproduce, distribute, or otherwise exploit any content, code, data,
or materials on the Site. If you make other use of the Site, or the content, code, data, or materials thereon, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. Moonstone Multimedia will aggressively enforce its intellectual property rights to the fullest extent of the law, including seeking criminal prosecution.
6.2. Trademarks:
- The trademarks, logos, service marks, and trade names (collectively the “Trademarks”) displayed on the Site are registered and unregistered Trademarks of Moonstone Multimedia and others and may not be used in connection with products and/or services that are not related to, associated with, or sponsored by their rights holders that are likely to cause customer confusion, or in any manner that disparages or discredits their rights holders.
- All Trademarks not owned by Moonstone Multimedia that appear on the Site, if any, are the property of their respective owners. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of Moonstone Multimedia or the third
party that may own the applicable Trademark. Your misuse of the Trademarks displayed on the Site is strictly prohibited. Moonstone Multimedia will aggressively enforce its Trademark rights to the fullest extent of the law, including seeking criminal prosecution.
7. ELIGIBILITY:
- You will only be eligible to subscribe to the Services on the Site if you comply with requirements set forth under the Indian Contract Act, 1872.
- The MOONSTONE MULTIMEDIA Services are available to users who are
- at least eighteen years old
- are of a sound mind
- not disqualified from contracting by any law to which they might be subject
- who live in India (including its territories and possessions) or
- who are not in India but who, to the extent permitted by applicable law, consent to use the MOONSTONE MULTIMEDIA Services in compliance with these TERMS AND CONDITIONS and Indian laws.
8. MODIFICATIONS:
- We reserve the right to amend these TERMS at our discretion.
- As our Services are continuously evolving, we may revise, modify, update, or amend these Terms as necessary to accurately reflect changes in our services and practices, ensure a safe and secure user experience, or comply with applicable laws.
- We may also modify or discontinue any portion of the Services, adjust or waive any fees associated
with the Services, or offer specific opportunities to certain users.
- Any modifications will become effective thirty (30) days after we either notify you or post the updated TERMS on the MOONSTONE Services.
- Your continued access to or use of the MOONSTONE Services following the posting of these changes will constitute your acceptance of the revised TERMS.
- We recommend that you periodically review these TERMS to stay informed of any updates.
9. LICENSE TO MOONSTONE MULTIMEDIA SERVICES
Unless otherwise provided in relevant Additional Terms, we grant you a limited, non-exclusive, non- sublicensable, non-transferable and revocable license to access, view, and use MOONSTONE MULTIMEDIA Services for non-commercial, personal, entertainment use only as part of your interaction with MOONSTONE MULTIMEDIA Services subject to your complete compliance with these Terms of Use, Additional Terms, and any and all other terms and policies set forth on or in the MOONSTONE MULTIMEDIA Services.
10. CODE OF CONDUCT.
As part of your use of MOONSTONE MULTIMEDIA Services, you agree not to:
- Download, copy, reproduce, republish, display, publicly perform, upload, post, transmit, distribute, modify, sell, rent, lease, lend, broadcast, stream, sublicense, transfer or otherwise assign or use the MOONSTONE MULTIMEDIA Services in any way unless specifically authorized by us.
- Bypass, modify, defeat, interfere with, tamper with or circumvent any of the security functions or protections of MOONSTONE MULTIMEDIA Services.
- Modify or remove any copyright, trademark, or other proprietary notices or labels on MOONSTONE MULTIMEDIA Services;
- Decompile, reverse engineer, disassemble, or otherwise reduce the code used in any software in MOONSTONE MULTIMEDIA Services into a readable form to examine the construction of such software and/or to copy or create other products or services based (in whole or in part) on such software;
- Use MOONSTONE MULTIMEDIA Services for commercial purposes or in any way that is unlawful and fraudulent
- Collect, disclose, or store personal information regarding users of MOONSTONE MULTIMEDIA Services;
- Use MOONSTONE MULTIMEDIA Services to create or send “spam” or other malicious or disruptive
communications;
- Use software, programs, or devices which contain Malware, viruses, worms, trojans, logic bombs and/or ‘any other computer code, files or programs designed to interrupt, overload, collapse, destroy or limit the functionality of MOONSTONE MULTIMEDIA Services;
- Attempt to gain unauthorized access to MOONSTONE MULTIMEDIA Services, other computer systems or networks connected to MOONSTONE MULTIMEDIA Services through password mining or any other means.
- restrict any other person from using the Services.
- use any robots, botnets, scrapers or spiders, site search/retrieval application or other manual or automatic device, algorithm, code, process or methodology to retrieve, index, scrape, data mine or in any way reproduce/republish, obtain a copy of, monitor or circumvent the Services, without our express prior written consent;
- misuse any reporting, flagging, complaint, dispute, or appeals process, including by making groundless, vexatious, or frivolous submissions.
11. OUR DUTIES TO YOU
- We promise to deliver the Services with appropriate expertise and care.
- Other than as expressly stated in these Terms or as required by law, we do not make any specific promises about the Services.
- For instance, we do not promise and cannot guarantee that the services shall:
- be suitable or accessible to all users, or in all locations, as determined by us;
- be accurate, complete, uninterrupted, secure, error-free, current, or able to satisfy the needs of all users;
12. UNSOLICITED SUBMISSIONS AND RESPONSE
- Moonstone Multimedia LLP does not accept unsolicited submissions of concepts, creative ideas, suggestions, scripts, stories, or any other potential creative content (“Unsolicited Submissions”). This policy is designed to prevent any possible disputes or misunderstandings that could arise if our team’s projects resemble ideas or materials submitted by someone else. As a result, we politely request you not to send us any Unsolicited Submissions.
- However, in the event that you disregard our policy and still send us some Unsolicited Submissions notwithstanding, then you confirm and agree that such submissions shall not create any obligations on the part of Moonstone Multimedia LLP including (for the avoidance of doubt) any obligation to review, use or keep the submission confidential. You also agree that Moonstone Multimedia LLP is under no obligation whatsoever to pay you anything for any Unsolicited Submission whether used in whole or part thereof.
13. INVESTIGATIONS:
We reserve the right, without notice and in our sole discretion, to take action upon an actual or suspected violation of these Terms of Use, including but not limited to
- Investigating any suspected breaches of these Terms of Use;
- Restricting, suspending, terminating, or denying your access to or use of Moonstone Multimedia LLP Services, in whole or in part;
- Modifying or removing the Moonstone Multimedia LLP Services or implementing other corrective measures;
- Reporting your conduct, activities, or identity to law enforcement or other relevant authorities;
- Taking appropriate legal action against you; and
- Taking any other necessary steps to protect our rights and the rights of third parties.
14. GOVERNING LAW:
This agreement and each TERMS AND CONDITIONS shall be governed by and constructed in
accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts of Kolkata.
15. NOTICES:
- All notices and communications (including those related to changes in the TERMS, Service,
termination of Service etc., shall be in writing, in English and shall deemed given if mailed by registered mail or sent via email to the following address: moonstonemultimedia@gmail.com
- Notice shall be deemed to have been served 48 hours after it has been sent, dispatched,
displayed, as the case may be, unless, where notice has been sent by email, it comes to the knowledge of the sending party, that the email address is invalid.
16. SEVERABILITY:
If any provision of this Agreement is determined to be invalid or unenforceable in whole or in part, such
invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of this Agreement shall continue to be in full force and effect.
17. INDEMNIFICATION:
The User agrees to indemnify, defend and hold harmless MOONSTONE MULTIMEDIA from and
against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by MOONSTONE MULTIMEDIA that arise out of, result from, or may be payable by virtue of, any breach
or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by the User pursuant to this Agreement and/or the TERMS AND CONDITIONS.
18. FEES AND PAYMENT:
- There may be costs associated with certain of the Services. The user is responsible for paying any relevant fees that are listed on the site in relation to the Content and/or Services that the user has chosen.
- Use of the Content and/or Services by User after such notification constitutes User’s acceptance of any new or increased charges.
- MOONSTONE MULTIMEDIA reserves the right to change its price list and to institute new charges at any time, which may be sent by email, SMS, or posted on the Site.
19. PAYMENT POLICY:
- Payment Methods
- MOONSTONE MULTIMEDIA accepts VISA, MASTERCARD, selects Debit Cards, Credit cards, Net Banking and UPI.
- Other payment methods may be added from time to time.
- When you purchase a ticket for an event, MOONSTONE MULTIMEDIA will be handling the transaction and collecting payment.
19.2. Internet handling fees and Order Processing Fees
Tickets purchased are subject to a per ticket internet handling fee and a non-refundable per order processing fee.
19.3. Ticket Limits
When purchasing tickets on MOONSTONE MULTIMEDIA you are limited to a specified number of tickets for each event.
19.4. Censor warning
Please check the censor warning before buying the tickets. Children below the age of 18 will not be allowed entry for the events. Also please check for any additional entry restrictions that may be applicable for events from time to time.
19.5. Order Confirmation
If you do not receive a confirmation number (in the form of a confirmation page or email) after submitting payment information, or if you experience an error message or service interruption after submitting payment information, it is your responsibility to confirm the same form your booking history or with the Customer Service Department whether or not your order has been placed. Only you may be aware of any problems that may occur during the purchase process. MOONSTONE MULTIMEDIA will not be responsible for losses (monetary or otherwise) if you assume that an order was not placed because you failed to receive confirmation.
19.6. Refunds and Exchanges
MOONSTONE MULTIMEDIA prohibits exchanges or refunds after a ticket has been purchased or for lost, stolen, damaged or destroyed tickets.
19.7. Delivery
MOONSTONE MULTIMEDIA offers multiple delivery options. The options may vary from for different events. Currently the following delivery options are available:
- Email confirmation: Your booking confirmation will be sent via an email. This confirmation needs to be printed and shown at the ticket counter to get a physical ticket.
- SMS confirmation: Your booking confirmation will be sent via an SMS. The SMS details need to be shown at the ticket counter to get a physical ticket.
19.8. Cancelled/Postponed Events
In the event that an event is cancelled or postponed, we will make reasonable efforts to notify you and will issue a refund of the amount paid.
20. THIRD-PARTY TICKETING PLATFORMS
- In addition to purchasing tickets directly from Moonstone Multimedia, tickets for our events may
also be available through authorized third-party ticketing platforms, including but not limited to:
– BookMyShow
- Paytm
– Other reputable ticketing websites and mobile applications
- When purchasing tickets through these platforms, please be aware that their own terms, conditions, and fees will apply, which may differ from those of Moonstone Multimedia. These terms may
include, but are not limited to:
- Service fees
- Convenience fees
- Payment processing fees
- Delivery fees
- Cancellation policies
- Refund policies
- Before completing your ticket purchase, carefully review the terms and conditions of the third-party ticketing platform to ensure you understand their policies and fees. Moonstone Multimedia is not responsible for the policies and fees of these third-party platforms.
21. BUYER BEWARE
- You are responsible for ensuring that all personal and payment details entered are accurate. Once generated, Booking IDs are non-cancellable, non-refundable, and non-exchangeable.
- You must keep your Booking IDs secure and ensure they are always in your possession or in the possession of an authorized individual. Any person in possession of a Booking ID will be entitled to exchange it for a valid Ticket without further verification of ownership.
- Booking IDs must not be compromised or resold.
- Do not engage with individuals selling printed copies or SMS of Booking IDs. If you encounter such activities, promptly report them to the local police and notify us at moonstonemultimedia@gmail.com .
- We will never sell Tickets at a price exceeding the amount specified on our website.
- Avoid dealing with individuals posing as our authorized representatives or agents offering special vouchers, gift vouchers, printed Booking IDs, or other promotional codes. Report any such instances to us immediately at moonstonemultimedia@gmail.com .
- Booking IDs are only for the purpose of exchanging them for valid Tickets and do not constitute
valid Tickets by themselves. We do not sell Booking IDs as Tickets.
- It is your responsibility to ensure that the Booking IDs are not compromised or misused and that they are held by the rightful individual.
22. CAVEAT:
MOONSTONE MULTIMEDIA undertakes no obligations for confidentiality of information provided by User other than personal information and User would do so entirely at User’s sole risk. User shall always use caution when giving out any personally identifying information about User in any communication service.
23. TERMINATION:
- MOONSTONE MULTIMEDIA may terminate or suspend any and all Services and access to the Site immediately, without prior notice, with or without cause at any time to be effective immediately.
- Causes for termination may include, but shall not be limited to:
- if User breaches any of the terms or conditions of this Agreement.
- requests by enforcement or government agencies,
- requests by the User
- non-payment of fees owed by the User in connection with the Services.
- Any fees paid hereunder are non-refundable. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
- Upon termination of the Service, User’s right to use the Website/Services and software shall immediately cease. The User shall have no right and MOONSTONE MULTIMEDIA shall have no obligation thereafter. Once the User’s Services are terminated, cancelled or suspended, any data that the User has stored on the Website may not be retrieved later.
24. INFRINGEMENT OF COPYRIGHT
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the following information:
- A description of the copyrighted work that you claim has been infringed.
- A description of where the material that you claim is infringing is located on the Site.
- Your contact information, including address, mobile number, and email address.
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
- A statement by you, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Please send the above information to moonstonemultimedia@gmail.com.
25. GRIEVANCE REDRESSAL MECHANISM
In case you have any complaints or grievance pertaining to your access to the Site, please share the same with us by writing to: moonstonemultimedia@gmail.com.
In your complaint or grievance, please include the following information:
- Your name and contact details: name, address, contact number and email address.
- Your relation to the subject matter of the complaint, i.e., complainant or person acting on behalf of an affected person.
- The name and age of the person aggrieved or affected by the subject matter of the complaint, in case you are acting on behalf of such person and a statement, under penalty of perjury, that you are authorised to act on behalf of such person and to provide such person’s personal information to us in relation to the complaint/ grievance.
- Description of the complaint or grievance.
- A statement that the information provided in the complaint or grievance is accurate.
26. DISPUTE RESOLUTION AND ARBITRATION
- In the event of any dispute, claim, or controversy arising out of or relating to your use of Moonstone Multimedia LLP Services, or the breach, termination, enforcement, interpretation, or validity of these Terms of Use, both parties agree to first attempt to resolve the dispute informally by contacting each other directly. If the dispute cannot be resolved within 30 days of initiating informal resolution, the matter shall be settled by binding arbitration.
- The arbitration shall be conducted in accordance with the Part I of Arbitration and Conciliation
Act 1999. The arbitration shall take place in Kolkata, West Bengal, India and shall be conducted in English Language. The arbitration will be conducted by a single arbitrator appointed in accordance with the applicable rules.
- The decision of the arbitrator shall be final and binding on both parties, and judgment on the
arbitration award may be entered in any court having jurisdiction. Each party shall bear its own costs and expenses, including legal fees, in connection with the arbitration, except that the costs and fees associated with the arbitrator and the arbitration process shall be shared equally by the parties unless the arbitrator decides otherwise.
- By agreeing to these Terms of Use, you and Moonstone Multimedia LLP waive any right to a jury
trial or to participate in a class action or representative lawsuit.
- Notwithstanding the above, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to protect intellectual property rights or to prevent loss or damage that cannot be adequately remedied by arbitration.