Terms & Conditions

Terms and Conditions

The Terms and Conditions of use set forth herein apply to the website titled Bestsongs.pk which is owned, operated, licensed and controlled by Glitz & Glamour (Pvt) Ltd under exclusive Pakistan only Legal Rights powered by Media Concepts (Pvt) Ltd, and is covered and protected by all laws including but not limited to copyright and trademark laws of Pakistan.

This website is for the purpose of providing digital content including sound recordings, video recordings, and other entertainment applications. As a user and potential customer, we invite you to browse our website. Users are not permitted to reproduce, distribute, modify, display or make use of the contents of this website, except download material in temporary storage on one computer/mobile solely for your personal and non-commercial use. Any unauthorized use of the services and content may violate copyright laws, trade mark laws as well as the laws of privacy and Bestsongs.pk is not responsible for the same. ‘Unauthorized use’ shall mean and include any usage of the digital content provided on this website not in conformity with the rights granted with respect to the same. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or right under any copyright or other intellectual property right.

YOU AGREE

Before you begin to explore the website, you (“you”, “your”, “yourself”, “user” and/or “subscriber”) will need to review the terms and conditions of Bestsongs.pk. These terms and condition will constitute a binding contract between you and Bestsongs.pk. These terms explains your obligation towards Bestsongs.pkwhen you use the services of the website “Bestsongs.pk”. By using this website, you agree that these terms of use are acceptable to you. If you do not agree to these terms of use, please do not use this site and it is hereby stated by Bestsongs.pkthat using this site without accepting the terms and conditions is tantamount to unauthorized usage, punishable by law. Bestsongs.pk reserves the right, at its discretion, to change, modify, add, alter, delete or remove portions of these terms. Your continued use of this website following the posting of any change or modification of these terms will mean you accept those changes or modifications. Bestsongs.pkreserves the right to withdraw access to this website and to change, modify, revise the materials, products and pricing listed or offered through this website at any time.

AGE

You hereby certify that you are 18 years of age or older. In addition, be aware that some of the information available on the website is unsuitable for children; therefore it is the responsibility of their parents to accompany their children while viewing or using this website. This website is recommended for use of individuals of age of 18 years or above.

REGISTRATION DETAILS

You agree to provide Bestsongs.pk with accurate, complete and updated registration information. If you do not provide Bestsongs.pkwith accurate, complete and updated registration information, you are not authorized to use the service and your account may be terminated. You further agree that, in providing such registration information, you will not knowingly or otherwise omit or misrepresent any material facts or information and that you will promptly enter correct and/or updated Registration Data via the service or otherwise advice us promptly in writing of any such changes or updates. You further consent and authorize Bestsongs.pk to verify your Registration Data as may be required for your use of and access to the Service, as applicable.

DEFINITIONS

» Content

Content such as the synopsis, cast, crew, reviews, previews, themes, wallpapers, stills, screensaver, photographs, animation, data, information, database, design, games, interactive content, trailers, making, images, and any text, images, messages, newsletters, music, audio, video, movies or its derivative, with or without sound, audio clips from the Sound Recording, created or collated by Bestsongs.pk from the Source Content, as may be granted by Bestsongs.pk to you for distribution under this Agreement strictly in accordance with these terms and conditions and the license agreement. Such Content may also include sing-tones, created, converted or inspired from the Source Content.

» Mobile Devices

Mobile Devices are devices which have telephony capability, either inbuilt or by in conjunction with any device or software which allows it to have a telephony usage, accessed by wires or wireless which includes but is not limited to GSM, CDMA, WiFi, WiMax, TCP/IP, Internet or any other protocol, service or format, either existing at present or which may be invented in the future.

» Mobile Service Providers

Mobile Service Providers are entities who are in the business of providing telephony services to their consumers, either via wires or wireless, landline or mobile, via GSM, CDMA or any protocol.

» Service

Refers and includes any and all application of contents to all users of website Bestsongs.pk

» Source Content

Shall mean the Sound Recordings and accompanying Video Recordings of Music Labels or any other content, wherein Bestsongs.pk has the rights to commercially exploit the content on digital platforms.

 » Subscriber

Refers to any user who enrolls subscription for services covered under terms and conditions of End User License Agreement (EULA).

» Term

The duration of the validity of your accessibility to the website and the content is free of charge now but in future it will depend upon the plan you have subscribed and the payment you have made.

» Territory

Shall mean all user/ consumers/ subscribers of Pakistan only.

» Party / Parties

You and Bestsongs.pk shall individually be referred to as “the Party” and collectively as “the Parties” unless otherwise stated.

SERVICE APPLICATION

The website Bestsongs.pk shall provide DRM-free file format for sampling and downloading media. The Services are provided to the users, subject to certain limitations as described herein. The users are granted specified download rights of DRM-free media files from the catalog of website. You must have internet connection for accessing this website. It is essential that every user, subscriber or non-subscriber, must register with the terms of the website to use the services available through the website. You shall be required to enter certain Personal information which will be governed as per the rules of Bestsongs.pk and must pay fees as per the option selected by you for receiving uninterrupted service during the term. To complete the enrollment process, you must fill the Service registration form provided on the website.

The Services includes

  • On-demand streaming of full length tracks, audio/visual or certain other premium features

USER ACCOUNT & SECURITY

All Registered Users shall have username/Cell number and password. It shall be the sole responsibility of the Users to maintain the confidentiality and security of their Account. You should not reveal your Account information to anyone else or use anyone else’s Account. Your User account and password are personal and should be kept confidential. You agree that you will not allow another person to use your user account to access and use the service under any circumstances. You are solely and entirely responsible for maintaining the confidentiality of your user account and for any charges, damages, liabilities or losses incurred or suffered as a result of you failure to do so. Bestsongs.pk is not liable for any harm caused by or related to the theft of your IDs, your disclosure of your user account, or your authorization to allow another person to access and use the Service using your user account. Furthermore, you are solely and entirely responsible for any and all activities that occur under your account including any charges incurred relating to the Service and you agree to immediately notify us of any unauthorized use of your Account or any other breach of security.

Although Bestsongs.pk will not be liable for your losses caused by any unauthorized use of your user account, you may be liable for the losses of Bestsongs.pk or others due to such unauthorized use. In consideration of your use of the Site and Services, you agree, where information is requested, to provide true, accurate, current, and complete information about yourself, and to maintain and update it promptly. You agree that if any information you provide is false, inaccurate, not current, or incomplete, we may terminate your use of the Site and/or the Services.

INTELLECTUAL PROPERTY RIGHTS

It is hereby specifically recorded that the content available through the Service is the sole and exclusive property of Bestsongs.pk or its Licensors and is protected by copyright and other intellectual property laws. Intellectual Property Rights for the purpose of this Agreement shall always mean and include copyrights whether registered or not, patents including rights of filing patents, trademarks, trade names, trade dresses, house marks, collective marks, associate marks and the right to register them, designs both industrial and layout, geographical indicators, moral rights, broadcasting rights, displaying rights, distribution rights, selling rights, abridged rights, translating rights, reproducing rights, performing rights, communicating rights, adapting rights, circulating rights, protected rights, joint rights, reciprocating rights, infringement rights and all those special rights conferred as a result of the Berne Convention, 1979 individually as a result of prospective local laws in accordance with the Convention and the Trade Related Aspects of Intellectual Property Rights Agreement of the World Trade Organization. All those intellectual property rights arising as a result of domain names, internet or any other form of an electronic/technological law shall also vest in the domain of Bestsongs.pk. The Parties hereto agree and confirm that no part of any intellectual property rights mentioned hereinabove is transferred in the name of User and any intellectual property rights arising as a result of these presents shall also be in the absolute ownership, possession and control of Bestsongs.pk.

Your request to license a track by downloading is personal to you, and the track may not be used, sold, rented, transferred, licensed or otherwise provided to any other user. License to downloaded tracks include only those rights explicitly stated in the Service (typically, the right to play back for your own personal use from your personal computer, CD player, digital player, or other personal consumer electronic device), and, for the avoidance of doubt, do not include the right to create a derivative work, to make copies other than for your own personal use, or to use the track in any commercial manner.

You shall promptly notify Bestsongs.pk in writing upon your discovery of any unauthorized use or infringement of the Service (or its contents) or Bestsongs.pk patent, copyright, trade secret, trademarks or other intellectual property rights. The Service contains proprietary and confidential information that is protected by copyright laws and international treaty provisions.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

You grant Bestsongs.pk permission to send you mailers/ messages on a regular basis for the purposes of promotions and information related to the website. This can be done across all platforms including but not limited to web and wap.

You may post reviews, comments, and other content; send other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, offensive to any caste, class, community or individual, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam”. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Bestsongs.pk reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant Bestsongs.pk a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Bestsongs.pk and sub-licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Bestsongs.pk for all claims resulting from content you supply. Bestsongs.pk takes no responsibility and assumes no liability for any content posted by you or any third party.

You are solely responsible for the content including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, movies, interactive features and the like (“Content”) that you post on the Bestsongs.pk Website, and any material or information that you transmit to other Members and for your interactions with other Users. Bestsongs.pk does not endorse and has no control over the Content. Content is not necessarily reviewed by Bestsongs.pk prior to posting and does not necessarily reflect the opinions or policies of Bestsongs.pk. Wemakes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.

KINDLY NOTE THAT BESTSONGS.PK PROHIBITS PORNOGRAPHY ON ITS SITE. Please choose carefully the information you post on the Bestsongs.pk Website and that you provide to other Users. Your Bestsongs.pk profile must not include any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. STRINGENT PENAL AND CRIMINAL ACTIONS WILL BE INITIATED AGAINST THOSE FOUND INDULGING IN ABOVE REFERRED ACTIVITIES. Any user or member who publishes or transmits or causes to be published in the electronic form, any material which is lascivious or appeals to the prurient interest or if its effect is such as to tend to deprave and corrupt people who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it shall be strictly treated under the provision of the Information Technology Act and as per the provisions of Local Penal Code and other appropriate statutes applicable in that scenario. Despite this prohibition, information provided by other Members (for instance, in their profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and Bestsongs.pk assumes no responsibility or liability for this material. If you become aware of misuse of the services provided by Bestsongs.pk by any person, please contact Bestsongs.pk Privacy Coordinator.

TERMINATION

If you violate, breach or fail to comply with any clause of this Agreement, we may terminate this Agreement or restrict or suspend or terminate your to use the Services immediately and without notice. You may terminate this Service by ceasing to use the Service. Termination is your sole right and exclusive remedy if you are not satisfied with the Service. Your determination of the Service shall lead to cessation of your access to the Service. However, you cannot escape your liabilities and obligations to pay accrued charges, if any, till date of termination of service reflecting as unpaid in your account.

We reserve the right to terminate your use of the Service, without cause, upon reasonable notice. In case such termination occurs in the middle of your subscription period and you have not exhausted the downloads permitted to you under the applicable payment plan, we shall refund to you the unutilized share of your prepaid subscription fee for the remaining unused downloads which shall be calculated on a pro-rata basis.

TECHNOLOGY LIMITATIONS AND MODIFICATIONS TO SERVICE

It is the duty and responsibility of Bestsongs.pk to keep your account and the Service(s) operational. However, in case of any technical difficulties or for maintenance, if it results in temporary interruption, Bestsongs.pk will make reasonable efforts to rectify the snag as early as possible.

If, for any technical reason and under unavoidable circumstances Bestsongs.pk needs to discontinue, temporarily or permanently, functions and features of the Application and Service(s) with or without notice, or if any tracks in any particular catalog may no longer be available due to technical or contractual rights, Bestsongs.pk reserves right to change and replace the tracks or albums or any other Content available at any time.

Under the said circumstances, Bestsongs.pk shall not be liable for any of the direct or indirect consequences of any modification, malfunction, suspension, discontinuance of or interruption to or of any of the Services as the same may be treated as Force Majeure.

You also may not use, nor allow others to use, your account, the Service, directly or indirectly, to: (a) attempt to or actually disrupt, impair or interfere with, alter or modify the Service or any information, data or materials posted and/or displayed by us or anyone else; (b) act in a way that affects or reflects negatively on us, the Service, or anyone else; (c) collect or attempt to collect any information from others including, without limitation, personally identifiable information, without such party’s prior consent. You agree to comply with all local, state, federal laws, statutes, rules and regulations, as well as any international treaties, which are applicable to your use of the Service.

You are prohibited from violating or attempting to violate the security of the Service, including, without limitation: (a) accessing data not intended for you or logging onto a processor, communications or access device or account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of the Service or to breach security or authentication measures, regardless of your motives or intent; (c) attempting to interfere with or disrupt the Service or service to any user, processor, host or network, including, without limitation, by submitting a virus, worm or Trojan horse; or (d) sending unsolicited e-mail or other information, including promotions or advertising. Violations of system or network security or this Agreement may result in civil or criminal liability. We have the right to investigate occurrences, which may involve such violations and we may involve, provide information to and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Website in a manner that sends more request messages to the Bestsongs.pk servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser. Notwithstanding the foregoing, Bestsongs.pk grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Bestsongs.pk reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes.

DISCLAIMER

As provided above, all information, technology and service provided shall, at all times, be on a “as is” and “as available” basis and bestsongs.pk hereby states that any representation or warranty of any kind, express or implied, as to the application or its operation is not undertaken by bestsongs.pk. To the maximum extent permitted by applicable law, bestsongs.pk and its licensors, and its distribution and syndication partners, disclaim all warranties, including without limitation, any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Bestsongs.pk makes no warranty that the application will meet your requirements, or that the application shall be uninterrupted, timely, secure, or error free; nor does bestsongs.pk make any warranty as to the results that may be obtained from the application or as to the accuracy or reliability of any content obtained through the application. Bestsongs.pk makes no warranty regarding any goods or services purchased or obtained through the application or any transactions entered into through the application.

LIMITATION OF LIABILITY

In no event shall bestsongs.pk or its licensors or any of their officers, directors, employees, agents or affiliates be liable for any consequential, incidental, direct, indirect, special, punitive, or other damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of this subscription agreement or the use of or inability to use any service, even if bestsongs.pkhas been advised of the possibility of such damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, some of the above limitations may not apply to you, but they shall apply to the maximum extent permitted by law. In no event shall we or any of our licensors be liable for any damages in excess of the amount paid for the application or the specific item of content giving rise to the applicable claim for direct damages.

INDEMNIFICATION

You hereby agree to indemnify and hold Bestsongs.pk, its agents, contractors, members, subsidiaries, affiliates, service providers, syndicators, distributors, licensors, officers, directors and employees, harmless from any loss suffered by Bestsongs.pk as a result of a breach of the terms and conditions of this agreement by you and from any claim brought by third parties alleging that use of the Service by you or under your account has infringed any intellectual property or other right of any kind, or any applicable laws or regulation. You shall pay all costs, damages, awards, fees (including legal fees) and judgments awarded against Bestsongs.pk arising from such claims, and shall provide Bestsongs.pk with notice of such claims, full authority to defend, compromise or settle such claims and reasonable assistance necessary to defend such claims, at your sole expense.

GOVERNING LAW

Any dispute arising out of the Terms, the Site, or the Services shall be governed by the laws of Pakistan without regard to its confirm of law provisions and the High Court, Pakistan shall have non-exclusive jurisdiction with respect thereto

GENERAL PROVISIONS

No failure or delay in enforcing any provision, exercising any option or requiring performance, shall be construed to be a waiver of that or any other right in connection with this Agreement.

If any provision of this Agreement is invalid or unenforceable under applicable law, it is, to that extent, deemed omitted and the remaining provisions will continue in full force and effect. This Agreement will bind and inure to the benefit of each party’s permitted successors and assigns. This Agreement is personal to you and may not be transferred, assigned or delegated to anyone. Any attempt by you to assign, transfer or delegate this Agreement shall be null and void. This Agreement (including all documents expressly incorporated herein by reference, including but not limited to the Bestsongs.pk End User License Agreement) constitutes the complete and exclusive agreement between Bestsongs.pk and you with respect to the subject matter hereof and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein.

Bestsongs.pk may change/modify/alter this Agreement at any time in its sole discretion. In case of material change only will be posted by issuance of notice at the email address on file for your account. If the said change/modification/alteration is unacceptable to you, you agree that your only recourse is to terminate your Use of the Service(s) as provided herein. Your continued use of any Service following our posting of a change of terms will constitute your voluntary acceptance of the change, until such time as you terminate your Usage.

This Agreement, together with our Privacy Policy and any other rules, regulations, procedures and policies herein, constitutes the entire agreement between you and Bestsongs.pk with respect to the Service and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Bestsongs.pk with respect to the Service.

The Terms herein are subject to prevailing laws and legal process, and nothing contained in this Agreement is in derogation of our right to comply with statutory requests or requirements relating to your use of the Service or information provided to or gathered by us with respect to such use.

Use of the Service is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, shall be Governed by laws.

It is agreed that the rights herein are non-transferable. You shall therefore not assign/ transfer any of your rights under this Agreement and any attempt by you.

This Agreement or any other communication in electronic form or printed shall be admissible in judicial or administrative proceedings as if produced in printed form.