terms and conditions

Last updated: 08 July 2021

This document is an electronic record in terms of the Information Technology Act, 2000 and rules there under as applicable and various other statutes. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This is a legal and binding agreement between you, the user ("User" or "You") of the Services, as defined below, and Tantha Entertainment Private Limited stating the terms that govern Your use of the Site (as defined below), as defined below. BY ACCEPTING THESE TERMS OF USE IN ANY MANNER OR ACCESSING THIS APPLICATION, YOU CONSENT, AGREE AND UNDERTAKE TO ABIDE, BE BOUND BY AND ADHERE TO THE TERMS OF USE and the Privacy Policy accessible at terms and conditions and privacy policy respectively and any other terms which govern the Site (together referred to as "Terms of Use" or "Terms" or "Terms and Conditions") AND IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU ARE NOT ENTITLED TO AVAIL OF / USE THE SERVICES AND ANY USE THEREAFTER SHALL BE UNAUTHORIZED.

Description of Service and Acceptance of Terms of Use

Tantha Entertainment Private Limited is a company incorporated under the Companies Act, 1956, having its registered office at Uripok Haorongbam Leikai, RIMS Road, UPAL Leirak

Manipur - 795001, India ("Tantha").

Tantha inter alia provides an online website 'tanthaentertainment.com' as an interactive platform for its viewers and any associated mobile sites, applications (" Site") to inter alia view serials and programs, films, sports content including live sports content, trailers of upcoming serials, view videos and/or photos of their favourite characters on serials, read recaps of serials, international content including viewing schedules of content offered etc. on the Site and any other features, tools, applications, materials, or other services offered from time to time by Tantha in connection with its business, provided on the Site (" Tantha Content"). For some Tantha Content, Tantha may enable an interactive chat feature which may provide various features to the User(s) including but not limited to posting of comments, videos, pictures and participation in contests (“Social Feed”). The Site may also provide you content by integrating services and application of other audio video streaming platforms (“Partner Content”) and/or provide hosting service to third parties to display and allow access to their content and interactive games etc. (“Third Party Content”) (all such features of the Site collectively referred to as "Services"). ' Content' will hence consist of 'Tantha Content', Partner Content and 'Third Party Content'.

The Content will be made available to You through different modes, at the discretion of Tantha, including via video on demand basis for viewing at the User's discretion at a time chosen by You and download for offline viewing by You. In the case of downloadable Content, please note that: (a) the downloads are temporary in order to allow you to view the Content within a specified period of time and you shall not attempt to or actually make a permanent copy of the Content in any manner or form, and (b) not all Content may be available for download for offline viewing. Please note that the availability of, and Your ability to access, the Content or some part of Services, (a) is subject to Tantha's sole discretion and (b) may be dependent upon Your geographical location and (c) is on the condition that not all Content or Services will be available to all viewers. On account of the nature of the Internet, this Site and the Services may also be accessed in various geographical locations; and You hereby agree and acknowledge that You are accessing this Site and availing of the Services, at Your own risk, choice and initiative and You agree and undertake to ensure that Your use of the Site and the Services complies with all applicable laws including the local laws in Your jurisdiction. Further, such Services and Content may vary from place to place, time to time and device to device and would be subject to various parameters such as specifications, device, Internet availability and speed, bandwidth, etc. You agree and acknowledge that Tantha may monitor or use certain technologies for monitoring of activities, as separately explained in Tantha’s Privacy Policy. To facilitate Your viewership and access, the Services can be packaged by Tantha through different models such as, Content or Services may be accessible (a) free of charge which may include advertisements or commercials or (b) via subscription through payment of a subscription fee as per the relevant subscription plan selected or (c) a pay-per-view model with or without advertisements/commercials or (d) with a combination of the foregoing on the Site.

The Service can be availed through platforms, software and devices, which Tantha approves from time to time, the current list for which is as set out below ("Compatible System"). In some cases, whether a device is (or remains) a Compatible System may depend on software or platform provided or maintained by the device manufacturer or other third parties. As a result, devices that are Compatible System at one time may cease to be Compatible System in the future.

The Tantha Entertainment website works best with:

Latest version of Google Chrome

Latest version of Firefox

Latest version of Safari

Microsoft Windows XP or above / MAC OS 10.2 or above

Latest version of Adobe Flash Player

JavaScript and cookies enabled

The Tantha applications work best with a minimum system requirement of:

Android 4.4.4

iOS 10.0

Android TV - Android 7.1.1

Subject to compatibility, you may be able to access the Services through mobile phones, tablets and other IP based connected devices or any Compatible System offered by a partner authorized by Tantha ("Partner"). To access the Services at each instance, you would be required to undergo a two-step verification process to verify your login credentials such as your phone number, by way of a one-time password which will be sent to you simultaneously.

Use of the Services is subject to compliance with these Terms of Use.

Unless otherwise specified, the Services are available for individuals who have attained the age of majority in their jurisdiction (18 years in the case of India). If You are under the relevant age of majority in Your jurisdiction, you may access the Site and the Services under the supervision of an adult and in accordance with applicable law which enables a minor in your jurisdiction to access such a service. The Services include a section that exclusively provides access to only children-friendly content. However, in all cases, only persons of the age of majority are allowed to register any account on the Site and Services and will always be responsible for the operation of any such account.

TANTHA MAY CATEGORIZE AND CLASSIFY CERTAIN CONTENT AND PROVIDE DISCLAIMERS WITH RESPECT TO THE CONTENT, FOR VIEWERS TO CHOOSE SUCH CONTENT FOR VIEWING. SOME CONTENT OFFERED ON THE SITE MAY NOT BE SUITABLE FOR SOME VIEWERS AND THEREFORE VIEWER DISCRETION IS ADVISED. ALSO, SOME CONTENT OFFERED ON THE SITE MAY NOT BE APPROPRIATE FOR VIEWERSHIP BY CHILDREN. PARENTS AND/OR LEGAL GUARDIANS ARE ADVISED TO COMPLY WITH APPLICABLE LAWS AND EXERCISE DISCRETION BEFORE ALLOWING THEIR CHILDREN AND/OR WARDS TO ACCESS CONTENT ON THIS WEBSITE. TANTHA MAY DISPLAY A CONTENT DESCRIPTOR OR GUIDANCE MESSAGE THAT INDICATES AND INFORMS THE VIEWER ABOUT AGE-INAPPROPRIATE CONTENT FOR MINORS (FOR INSTANCE CONTENT TAGGED FOR VIEWERSHIP BY MINORS AGED 13 TO 18 YEARS). Your access to and use of the Services is subject to these Terms and Conditions, Privacy Policy and all applicable laws, rules, and regulations.

Participation in any contest and or game on the Site conducted by Tantha or viewing of certain Content may be subject to further terms and conditions as may be notified by Tantha from time to time on the Site or otherwise.

Watch and Play Terms and Conditions

Accessing the Service through VPN

You should not access or use the Service or the content therein by means of any mechanism or technology which conceals your actual geo-location or provides incorrect details of your location (for example, use a virtual private network (VPN)).

Electronic Communications

When You use / avail the Services or send any data, information or communication to Tantha, You agree and understand that You are communicating with Tantha through electronic media/ records and You consent to receive communications via electronic records from Tantha periodically and as and when required. Tantha will communicate with You by email or any push or other message or electronic records on the email address and or mobile number available with Tantha or made available to Tantha through a Partner which will be deemed adequate service of notice / electronic record.

You acknowledge and specifically consent to Tantha or our respective affiliates and partners contacting you using the contact information you have provided to us at any time during your association with us for any purpose including the following purposes, which will enable Tantha to deliver the Services to you and/or enhance the delivery of the Services to you:

To obtain feedback regarding the Service;

To contact you for offering new products or services, whether offered by us, or our respective affiliates or partners.

You acknowledge and agree that you may be contacted for the above purposes, using any of the contact details provided by You including via emails or other electronic and internet-based means.

In addition, you will be sent a one-time password via SMS to your registered mobile number, to verify your login on the Site using a mobile number.

The Content contained in the Services including but not limited to on the Site is protected by copyright, trademark, patent, trade secret and other laws, and shall not be used except as provided in these Terms and Conditions, without the written permission of Tantha.

Subscription Services

Some of the Content made available on the Site can be availed only by registered Users who have registered under a subscription model (" Subscription User"). You may need to register Yourself on the Site to avail these services on a subscription model (" Subscription"). To become a Subscription User, You may be required to provide certain personal information to Tantha and may be required to make payments ("Subscription Fee") as per the applicable membership plan through a debit card, credit card, internet banking or through, e- prepaid wallet or other payment method accepted by Tantha ("Payment Method(s)") that You opted for during registration. Tantha will be using third party payment gateways to process and facilitate the payment of Your Subscription Fee to Tantha. For ‘Tantha Premium Subscription proposed to be activated through Your registered mobile number, in addition to the above Payment Methods, cash on delivery payment option would be available to You, subject to the terms and conditions set out herein. On successful registration to the Subscription, Tantha will intimate You of the same. Tantha may offer different kinds of Subscription plans, each of these Subscription plans will be subject to different limitations and restrictions and the cost of each of these Subscription plans may vary. You may choose more than 1 Subscription plan during a given period.

Tantha currently offers viewers the following Subscription plans to choose from:

(1) premium subscription pack besides the content on sales, rental as per third party producer agreement, and

(2) limited subscription packs with full access to certain Content.

(3) all access Premium plan.

Tantha shall have the discretion to make certain Content that is a part of the Subscription available to You on more than one end user Compatible System concurrently. Tantha shall also have the discretion to make certain Content that is a part of the Subscription available to You on not more than one end user device concurrently.

Any personal data whether provided by you as a part of the Subscription registration process, or collected automatically when you use the Service will be governed by the Privacy Notice accessible at here

Free Trial

Some of the Subscription plans may start with a free trial. The free trial period may last for a period of one month or such other term as may be determined by Tantha. Your eligibility for a free trial including the time for such free trial and the Content available to be viewed during free trial period is at the discretion of Tantha and such free trial can be modified, suspended or terminated by Tantha at any point of time without giving notice to You.;

In case You are eligible for any free trial, Tantha may charge You a token amount of money at the time of Your registration for a Subscription plan. This token amount will be refunded to You once Tantha receives the confirmation from the third-party payment gateway provider that Your Payment Method has been registered.

Payments

Tantha will automatically start billing as per Your selected Payment Method for the relevant Subscription plan(s) selected by You at the time of registration through the third party payment gateway at the end of the free trial period, if applicable unless You cancel a Subscription(s) before the end of the free trial period. The cancellation of a Subscription can be done through the "My Account" section of the Site. It may take a few days for Your payment made to Tantha to be reflected in your "My Account" section.

In case You cancel any Subscription before the end of the free trial period, You will not be entitled to any compensation monetary or otherwise from Tantha for the unutilized period of free trial.

You cannot change your Payment Method during the tenure of your Subscription(s). If Your selected Payment Method is no longer available or expires or Your Payment Method fails for whatsoever reason, You will be responsible and liable for any uncollected amounts and Tantha reserves the right to terminate the Subscription(s) offered to You.

The Subscription Fee for a particular Subscription will be billed at the beginning of the Subscription membership or at the end of free trial period, as applicable and on each subsequent renewal automatically (as per the Subscription plan chosen by You) unless and until You cancel Your Subscription(s) or the Subscription(s) is otherwise suspended or discontinued pursuant to these Terms. To see the commencement date for Your next renewal period or to cancel Your subscription to the Subscription(s), You need to visit the "My Account" section on Your profile page. On cancellation of a Subscription(s) You will be notified by Tantha.

Tantha will be automatically billing as per Your Payment Method for each Subscription period on a monthly basis. However, if You change Your membership plan, this could result in changing the day on which You are billed and the amount which You are billed. Further, on changing your existing Subscription plan to another, you would be required to pay the difference in rates (on a pro rata basis) for the new Subscription plan selected and would be billed as per the new Subscription plan from the next billing / renewal cycle. Tantha will notify you in advance of the change in the Subscription Fee payable.

The new Subscription will be effective from the date on which you select such plan and make appropriate payments as necessary.

In case of change in the Subscription Fee for a particular membership plan that is already opted by You, Tantha will give You an advance notice of these changes.

The Subscription Fees specified for each Subscription plan are inclusive of applicable taxes.

The Subscription Fees billed are non-refundable irrespective of whether the Subscription have been availed by You or not.

Any request for change or cancellation in any Subscription plan prior to the expiration of the current Subscription plan period will not entail You with a refund for any portion of the Subscription Fee paid by You for the unexpired period.

You also understand and acknowledge that Tantha only facilitates the third-party payment gateway for processing of payments. This facility is managed by the third-party payment gateway provider and You are required to follow all the terms and conditions of such third-party payment gateway provider.

You are responsible for the accuracy and authenticity of the payment information provided by You, including the bank account number/credit card details and any other information requested during the subscription process. You represent and warrant that you have the right to use any credit card or other payment information that you submit. You agree and acknowledge that Tantha shall not be liable and in no way be held responsible for any losses whatsoever, whether direct, indirect, incidental or consequential, including without limitation any losses due to delay in processing of payment instruction or any credit card fraud.

You can access the status of Your Subscription anytime through the "My Account" section on Your profile page.

You can file any complaint related to payment processing on the Site and the same will be forwarded to the concerned third-party payment gateway provider for redressal.

Upon payment through any of the Payment Methods and confirmation of receipt of such payment from the payment gateway provider, an invoice will be made available to You in the "MY Account" section which can be downloaded by You in pdf format.

Upon payment being received by Tantha through any of the Payment Method, Tantha shall make the relevant Subscription available to You through any of the approved modes of delivery that Tantha adopts.

It is hereby clarified that the Subscription(s) offered to You are offered by Tantha and not by any third party including any payment gateway service providers.

Tantha reserves the right to change, terminate or otherwise amend the Subscription plans, Subscription Fees for the Subscription and billing cycles at its sole discretion and at any time. Such amendments shall be effective upon posting on the Site and Your continued use of the Service shall be deemed to be Your conclusive acceptance of such amendments.

Tantha reserves the right to change, supplement, alter or remove any of the Content that is subject to a Subscription Fee as it deems fit. Tantha does not guarantee the availability of a specific Content or a minimum Content that is subject to a Subscription Fee.

Post cancellation of Your Subscription, if you wish to re-subscribe to the Subscription, you may do so from Your "My Account" page.

Social Feed

The Social Feed will be made available on the Site at Tantha’s discretion to enable a User to participate in any contest or competition or share his/her views, comments, pictures and / or videos (“Social Posts”) with the other like-minded Users on the Site for an immersive playing and entertainment experience. You can also invite Your friends to participate in the Social Feed. For this, You will require to permit Tantha to access Your contacts list. Friends (i.e. users who also have your number in their phonebook or those who have accepted your invitation) will be able to see inter alia your Social Posts tagged as private contact or by any other suitable name. If You have participated in any contest or competition in the Social Feed, Your friends will also be able to see your scores and/or progress in such contest/competition.

The Social Feed is a place for likeminded User(s) to come together as a community and share Social Posts related to the Content and topics associated to the Content alongside which, the Social Feed is made available. Tantha may by automated means or manually screen and moderate some or all Social Posts and reserves the right to reject or take down any Social Post which in Tantha’s sole opinion is inappropriate or does not pertain to the Content or topics associated to the Content. Tantha’s decision in this regard will be final and binding on all User’s and Tantha will not be responsible or liable for any claims regarding the exercise of the Tantha’s discretion in this regard.

Whether or not your Social Posts are made in combination with Tantha’s preinstalled template content (such preinstalled template content is referred to as “Social Components”), your Social Posts are considered as newly created audio-visual electronic records for which you are the publisher. A non-exhaustive list of content and / or Social Posts that may be rejected by Tantha is as follows: post or content which may cause any harm to religious sentiments, post or content that is political in nature, obscene, vulgar, derogatory remarks, hate speech, rumours or fake news, harassment, abuse, flooding, spamming, inciting violence or threatening, objects that disturb national harmony, racist or sexist remarks, potentially objectionable subject matter such as criminal behaviour, illegal activities, nudity, sex, profanity, out of context comments, disrespecting the nation, armed forces or any other matters which are perceived to be not in the interest of the general public or may cause harm in any nature or are distasteful, irrespective of any language used whatsoever will be restricted / filtered by Tantha on a best effort basis. In addition to the restrictions set forth above, You agree not to share any information /material/Social Post that:

belongs to another person and to which the participant does not have any right to;

is defamatory, obscene, pornographic, paedophilic, invasive of another's privacy including bodily privacy, insulting or harassing on the basis of gender, racially or ethnically objectionable, relating to or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;

depicts women in an inappropriate or derogatory manner;

is harmful to children;

infringes any patent, trademark, copyright or other proprietary rights;

violates any law for the time being in force;

deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false and misleading in nature but may reasonably be perceived as a fact;

impersonates another person;

threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation. The Participant also represents and warrants that the posting of his / her Social Posts does not violate any right of any party, including privacy rights, publicity rights, and intellectual property rights.

contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;

is patently false and untrue, and is written or published in any form with the intent to mislead or harass a person, entity, or agency for financial gain or to cause any injury to any person, or to incite hatred against any community;

Tantha hereby grants you a revocable, non-exclusive, royalty-free, and worldwide license to use, modify, adapt, reproduce, make derivative works of, publish, and/or transmit the Social Components solely for the purpose of creating and making available your Social Posts on the Site. You retain all of your ownership rights in your content / Social Posts that you submit in the Social Feed. However, by submitting Social Posts, You hereby grant to Tantha and its affiliates, a royalty-free, worldwide, perpetual, non-exclusive, sub-licensable, and transferable license to use, reproduce, distribute, issue copies, make available, publicly communicate, adapt, create derivative works of, and display the content that you upload, share or provide in connection with Your use of the Social feed. You also grant us the right, license and permission to use the contents of your Social Post in relation to the Site, topics associated therewith and for its promotion in any form whatsoever, without any compensation.

By sharing Social Post in the Social Feed, You undertake and confirm that you have all the rights, title and interest in and to the content of the Social Post being shared by You (including to any images or any content that may be protected by intellectual property rights). You further understand agrees and acknowledge the said Social Post may be publicly displayed by Tantha in the Social Feed to all Users who are engaging with the Social Feed.

The views expressed by the User(s) on the Social Feed are solely their own and do not represent those of Tantha, its associates and affiliates. Tantha shall not be held liable or responsible for any kind of claims, damages, outrage arising due to the comments, pictures or videos posted by the User(s) on the Site. Additionally, Tantha shall not be held liable or responsible for any violation of Intellectual Property rights that may arise out of any content posted by the users.

Tantha may cancel or discontinue the availability of the Social Feed and any decision in this matter shall be at the discretion of Tantha and shall be final and binding.

User(s) are not permitted to download any Social Posts or take screenshots of the same. Doing so will be in violation of the Terms.

Access and Use of the Services

Limited use:

You are given a limited, non-exclusive, non-transferable (except in the case of a parent/legal guardian-minor relationship), non-sub-licensable, revocable permission to view the Site and avail the Service during the subsistence of Your Account with Tantha for the territory of the world or limited territories as applicable in respect of specified Content and as set forth in these Terms and Conditions and no right, title or interest in any Content will be deemed transferred to You.

By accessing or using the Services:

You confirm and warrant that all the data and information You supply to Tantha and or any Tantha's affiliates ("Registration Data ") is and accurate in all respects.

You agree to promptly update Your Registration Data as necessary, so that Your Registration Data remains accurate at all times.

Tantha may temporarily suspend your access to the whole or any part of the Services, where Tantha in its discretion considers that it is reasonably necessary. Where possible, Tantha will give You as much notice of any interruption of access to the Services as is reasonably practicable. Tantha will use reasonable efforts to restore access to the Services as soon as reasonably practicable after temporary suspension.

You agree that Tantha shall be under no liability whatsoever to You in the event of non-availability of the Site or any portion thereof occasioned by Act of God, war, disease, revolution, riot, civil commotion, strike, lockout, flood, fire, satellite failure, failure of any public utility, man-made disaster, satellite failure or any other cause whatsoever beyond the control of Tantha.

You acknowledge and agree not to either directly or through the use of any device, software, internet site, web-based service, or other means remove, alter, bypass, avoid, interfere with, violate, or circumvent any patent; trade secret; copyright, trademark, or other proprietary notice marked on the Content or any digital rights management mechanism or device; any content protection or access control measure associated with the Content, including geo-filtering mechanisms; privacy; publicity; or other proprietary right under applicable law.

You agree not to either directly or through the use of any device, software, internet site, web-based service, or other means copy, download, capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the Content or create any work or material that is derived from or based on the Content. This prohibition applies regardless of whether such derivative works or materials are sold, bartered, or given away.

You agree that Tantha and/or its affiliates or licensors owns and/or retains all rights to the Services and the Content throughout the territory of the world in perpetuity. You further agree that the Content You access and view as part of the Services is owned or controlled by Tantha, its affiliates and or its licensors. The Services and the Content are protected by copyright, trademark, design, patent, trade secret, and other intellectual property laws.

You agree that third parties and/or its affiliates or licensors owns and/or retains all rights to the Third Party Content. The Third Party Content are protected by copyright, trademark, design, patent, trade secret, and other intellectual property laws.

Except as provided in these Terms (or otherwise expressly provided by Tantha), You may not copy, download, stream capture, reproduce, duplicate, archive, upload, modify, translate, publish, broadcast, transmit, retransmit, distribute, perform, display, sell, frame or deep-link, make available, or otherwise use any Content contained in the Services. You further agree not to use the Services to:

- Post, upload or otherwise transmit or link to Content that is: unlawful; threatening; abusive; obscene; vulgar; sexually explicit; pornographic or inclusive of nudity; offensive; excessively violent; invasive of another's privacy, publicity, contract or other rights; tortious; false or misleading; defamatory; libelous; hateful; or discriminatory;

- Harass or harm another person;

- Exploit or endanger a minor;

- Impersonate or attempt to impersonate any person or entity;

- Violate any patent, trademark, trade secret, copyright, privacy, publicity or other proprietary right;

- Introduce or engage in activity that involves the use of viruses, software disabling codes, bots, worms, or any other computer code, files or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of or access to a computer or a computer network;

- Attempt to decipher, decompile, disassemble or reverse engineer any of the software, applications and/or any element comprising the Site, the application for accessing the Content, or the Services;

- Interfere with, damage, disable, disrupt, impair, create an undue burden on, or gain unauthorized access to the Services, including Tantha's servers, networks or accounts;

- Cover, remove, disable, manipulate, block or obscure advertisements or other portions of the Services or the Content;

- Delete or revise any information provided by or pertaining to any other user of the Services.

Use technology or any automated system such as scripts, spiders, offline readers or bots in order to collect or disseminate usernames, passwords, email addresses or other data from the Services, or to circumvent, delete, deactivate, decompile, reverse engineer, disassemble or modify any security technology or software that is part of the Services or the Site;

- Send or cause to send (directly or indirectly) unsolicited bulk messages or other unsolicited bulk communications of any kind through the Services. If You do so, You acknowledge You will have caused substantial harm to Tantha, but that the amount of harm would be extremely difficult to measure. As a reasonable estimation of such harm, and by way of liquidated damages and not as a penalty, You agree to pay Company INR 500 (Indian rupees five hundred only) for each actual or intended recipient of such communication without prejudice to any other rights of action that Tantha may have against You in law or equity;

- Solicit, collect or request any personal information for commercial or unlawful purposes;

- Post, upload or otherwise transmit an image or video of another person without that person's consent;

- Engage in commercial activity (including but not limited to advertisements or solicitations of business; sales; contests; sweepstakes; creating, recreating, distributing or advertising an index of any significant portion of the Content; or building a business using the Content) without Tantha's prior written consent;

- Use technology or other means to access, index, frame, or link to the Site (including the Content) that is not authorized by Tantha;

- Access the Site/application/Service (including the Content) through any automated means, including "robots," "spiders," or "offline readers" (other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices – but not caches or archives – of the Site and excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorized content);

- Use the Services to advertise or promote competing services;

- Use the Services in a manner inconsistent with any and all applicable law;

- Attempt, facilitate, induce, aid and abet, or encourage others to do any of the foregoing.

You are responsible for the security and proper use of Your unique user ID and password that You enter while registering on the Site or on the Partner's website or application and must take all necessary steps to ensure that they are kept confidential, used properly, and not disclosed to unauthorized people. You are responsible for any use of your user ID and password. You must promptly notify Tantha if you become aware of any confidentiality breach or unauthorized use of your user account..

You agree that Your use of the Services and the Content may give You the opportunity to view, publish, transmit, submit posts and/or comment in accordance with these Terms and Conditions. You agree that You will not misuse the Content and/or other user material You access and view as part of the Service, including without limitation, download/store the Content by illegal/non-permitted means, or infringe any of Tantha's/ or its licensor's / or third party’s copyright, trademark design, patent, and other intellectual property including any rights of Tantha or its licensors or any third party subsisting in the Content. You further agree that You will not copy/record/edit/modify any of the Content You access and view as part of the Service, for any purpose, and/or copy/record/edit/modify any Content including video, images etc., by using any means including software, spyware, etc., for any purpose whatsoever.

You further agree that You shall not post, publish, transfer, upload, transmit or submit any of the Content, including without limitation videos, images, comments, User Material (defined below) or articles, of the Site on any other website, webpage or software, whatsoever.

You agree that the Content provided on the Site is strictly for Your private viewing only and not for public exhibition irrespective of whether the public is charged for such exhibition or not. You hereby agree to refrain from further broadcasting or making available the Content provided on the Site to any other person(s), or in any manner communicate such Content to the public.

In case the Site allows You to download or stream any of the Content therein, You agree that You will not use, sell, transfer or transmit the Content to any person or upload the Content on any other website, webpage or software, which may violate/cause damages or injuries to any rights of Tantha or its affiliates or any third party including privacy rights, publicity rights, and intellectual property rights.

You may encounter third party applications while using the Site including, without limitation, websites, widgets, software, services that interact with the Site. Your use of these third-party applications shall be subject to such third-party terms of use or license terms. Tantha shall not be liable for any representations or warranties or obligations made by such third-party applications to You under contract or law.

Termination of Service

Tantha reserves the right to immediately terminate, suspend, limit, or restrict Your account or Your use of the Services or access to Content at any time, without notice or liability, if Tantha so determines in its sole discretion, for any reason whatsoever, including that You have breached these Terms and Conditions, the Privacy Policy, violated any law, rule, or regulation, engaged in any inappropriate conduct, provided false or inaccurate information, or for any other reason. You hereby agree and consent to the above and agree and acknowledge that Tantha can, at its sole discretion, exercise its right in relation to any or all of the above, and that Tantha, its directors, officers, employees, affiliates, agents, contractors, principals or licensors shall not be liable in any manner for the same; and You hereby agree, acknowledge and consent to the same. You hereby also agree that Tantha shall not refund any amounts that you may have paid to access and/or use the Services.

User Reviews, Comments and Other Material

You may have an opportunity to publish, transmit, submit, or otherwise post (collectively, "Post") only reviews or comments or photos or videos on the Site (collectively, "User Material"). As it concerns User Material, without prejudice to Your obligation to otherwise comply with applicable laws during the course of using the Services, You agree to hereby comply with any and all applicable laws, as well as any other rules and restrictions that may be set forth herein or on the Site or Services.

You agree that Tantha shall have the right but have no obligation, to monitor User Material and to restrict or remove User Material that Tantha may determine, in its sole discretion, is inappropriate or for any other reason. You acknowledge that Tantha reserves the right to investigate and take appropriate legal action against anyone who, in Tantha's sole discretion, violates these Terms, including, but not limited to, terminating their account, terminate, suspend, limit, or use of the Services or access to Content and/or reporting such User Material, conduct, or activity, to law enforcement authorities, in addition to any other available remedies under law or equity. In addition to the restrictions set forth above, You must adhere to the below terms and conditions and not host, display, upload, modify, publish, transmit, update or share any information /material/User Material that:

belongs to another person and to which the Participant does not have any right to;

is defamatory, obscene, pornographic, paedophilic, invasive of another's privacy including bodily privacy, insulting or harassing on the basis of gender, racially or ethnically objectionable, relating to or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;

depicts women in an inappropriate or derogatory manner;

is harmful to children;

infringes any patent, trademark, copyright or other proprietary rights;

violates any law for the time being in force;

deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false and misleading in nature but may reasonably be perceived as a fact;

impersonates another person;

threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation. The Participant also represents and warrants that the posting of his / her Social Posts does not violate any right of any party, including privacy rights, publicity rights, and intellectual property rights.

contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;

is patently false and untrue, and is written or published in any form with the intent to mislead or harass a person, entity, or agency for financial gain or to cause any injury to any person, or to incite hatred against any community;

You acknowledge that the User Material is not confidential and that You have no expectation of privacy in it.

In no event does Tantha assume any responsibility or liability whatsoever for any User Material, and You agree to waive any legal or equitable rights or remedies You may have against Tantha with respect to such User Material.

This Site may contain articles contributed by several individuals. The views are exclusively their own and do not represent the views of Tantha, affiliates and/ or its management. All liability in respect of the above is excluded to the extent permitted by law including any implied terms. Indian law and jurisdiction apply with respect to contents of this Site.

Linked Destinations

Part of this Site/Service contains links to third party sites and third-party content. You agree and acknowledge that Tantha does not endorse or sponsor such third-party sites, content, advertising or other material on such third-party sites.

If Tantha provides links or pointers to other websites or destinations, You should not infer or assume that Tantha operates, controls, or is otherwise connected with these other websites or destinations. When You click on a link within the Services, Tantha will not warn You that You have left the Services and are subject to the terms and conditions (including privacy policies) of another website or destination. In some cases, it may be less obvious than others that You have left the Services and reached another website or destination. Please be careful to read the terms of use and privacy policy of any other website or destination before You provide any confidential information or engage in any transactions. You should not rely on these Terms and Conditions and/or Privacy Policy to govern Your use of another website or destination.

Tantha is not responsible for the content or practices of any website or destination other than the Site, even if it links to the Site and even if the website or destination is operated by a company affiliated or otherwise connected with Tantha. By using the Services, You acknowledge and agree that Tantha is not responsible or liable to You for any content or other materials hosted and served from any website or destination other than the Site.

Advertising

Tantha expressly disclaim any liability arising out of the advertisements, usage or viewing of these products or services advertised on our Site or the (third party) content made available / hosted on the third-party sites.

Tantha takes no responsibility for advertisements or any third-party material posted on the Site nor does it take any responsibility for the products or services provided by advertisers. Any dealings You have with advertisers found while using the Services are between You and the advertiser, and You agree that Tantha is not liable for any loss or claim that You may have against an advertiser.

Third Party Content

For Third Party Content, Tantha’s role is limited to providing a communication platform along with hosting services to third parties, to enable the transmission of the Third Party Content directly from third parties to You. The Third Party Content on the Site is directly uploaded onto the Site by third parties who avail of Tantha’s hosting services, without any intervention from Tantha in the uploading / transmission process. Tantha’s role is that of an ‘intermediary’ as defined under the Information Technology Act, 2000 and the rules thereunder, with regard to the Third Party Content. Being an intermediary, Tantha has no responsibility and / or liability in respect of any Third Party Content on the Site, including for intellectual property rights infringement, defamation, obscenity or any other violation under applicable law.

Third Party Content on the Site may include audio/video content and/or interactive content such as free-to-play games of skill that are casual/hyper-casual online games, developed or owned by the third parties ("Online Games"). The Online Games will be run and made available over the Site and do not have to be separately downloaded or installed.

When You play an Online Game, You agree and acknowledge that the Site does not create and/or broadcast any Online Games on its own accord and Tantha is not responsible or liable for the content or accuracy of the Online Game, including copyrights, that may be accessed by You through the Site. Please note that each Online Game may be subject to its own game rules and code of conduct. Any personal data provided by You or collected automatically when You use the Service relating to the Online Games will be governed by the Privacy Notice accessible at privacy-policy . Please note certain Third Party Content may be available only on limited and/or compatible devices. The following general rules will apply when you access the Online Games on the Site:

• These Online Games are strictly free-to-play and do not entail any monetary rewards or prizes and only entails a point accumulation system where applicable.

• You have to sign up/log in using the available mechanisms in order to access the Online Games.

• Users may receive achievements and game points (including bonus points, lifetime points and achievements) for every correct move or manoeuvre as per the rules and format of each game.

• For each Online Game the reward points may be reset once a game is finished.

• Certain lifetime points and achievements can be used on special games or events that may be announced by the Site.

• The points-system for each Online Game is specified within the individual Online Game.

• Users should note that some Online Games have a limited time before it ends, and Users may have to log in and play before the time is over.

Tantha does not endorse, market, advertise or publicize any Third Party Content on the Site and is not responsible or liable for any Third Party Content.

Tantha does not pre-screen the Third Party Content and has no obligation to monitor any Third Party Content. Hence, Tantha does not have actual or specific knowledge of any Third Party Content on the Site. However, Tantha at its discretion and in accordance with applicable law may monitor any Third Party Content and may remove any Third Party Content from the Site if Tantha determines in its sole discretion that such Third Party Content is in violation of this Agreement or any applicable law. Tantha, at its discretion, may review the Third Party Content when, and only when, complaints are received from You. Such actions do not in any manner negate or dilute Tantha’s position as an intermediary or impose any liability on Tantha with respect to Third Party Content.

Tantha will consider all communications, requests and suggestions sent by You and other members of the public provided that such communications are sent in a bona fide manner in good faith in the interest of the Site and public good. However, Tantha is not under any obligation to act on any such communications, requests and suggestions or respond to anyone. Tantha’s decision in this respect shall be final. Specifically, if any such request relates to a request / demand to take down/ disable/ remove/ delete any Third Party Content in the Site, Tantha is under no legal obligation to respond to or act on such requests. Tantha will take such action as Tantha is required to take under applicable law. If there is any valid court order or administrative order issued requiring Tantha to take any action, then Tantha will comply with such court order or administrative order.

Support

1. Site or Services

If You have any questions with respect to the Site and/or Services and/or Content, then such correspondence should be directed to

Tantha Entertainment Private Limited at – admin@tanthaentertainment.com

 

2. Grievances

For Any Tantha Content And Partner Content Related Concerns, Complaints Or Grievances, Please Submit Them To The Grievance Officer (Level I) In The Format Set Out Below:

Name: Rajiv Salam

Email Address:  support@tanthaentertainment.com

Format:

Name Of Complainant:

User Login ID Of The Complainant (Please DO NOT Share Password):

Title Of The Content:

Nature Of Grievance (Please Select / Provide, As Applicable)

Content Classification

Display Of Classification

Content Theme

Timestamps For The Content In Respect Of Which This Grievance Is Being Filed: [00 Minute] – [00 Minute], If Applicable

Provisions Of The Rules You Believe Are Violated (To The Extent Possible):

Details Of Other Proceedings Initiated (If Any): Have You Initiated Any Proceedings In Relation To The Grievance, Which Have Not Been Mentioned Above? If So, Please Provide Details Along With A Copy Of The Complaint, Replies, Orders Passed, If Any.

( Guidance : In Your Grievance, To The Extent Possible, Please Indicate Provisions Of The Relevant Rules Invoked, Title / Name Of Content (If Any), Time-Stamp Details Of Content (I.E., Specific Time(S), Where The Scene(S) Appears / Appear In The Content (If Any) And Any Other Information Or Details That You Deem Necessary.)

 

Do Note - In The Absence Of Complete Information/Details Being Provided, We Will Not Be Able To Address Any Issues You May Raise. You Would Need To Respond Within 72 Hours Of A Request From Us For Additional Details/Information In Order To Act On Your Claim, Failing Which The Grievance Will Be Deemed Dismissed. The Prescribed Timeline Of 15 Days Will Commence From The Date Of Complete Details/Information Received On The Correct Email ID.

You Would Be Required To Furnish Relevant Details Pertaining To Your Concern, Complaint Or Grievance, Specifically Including Your User Login ID.

3. User Material

If You have any complaints relating to any third party User Material uploaded on the Site, then please contact at support@tanthaentertainment.com  

Your email, which must bear Your digital signature or a signed written complaint, should include the following information:

Details Of The Objectionable User Material Or Content;

Details Of The Basis Of The Objection;

What Relief Is Being Requested;

All Other Relevant Information Required By Tantha To Assess The Complaint.

Tantha shall on examination of the complaint take all reasonable measures, including taking down the objectionable User Material expeditiously in accordance with applicable law. You agree and acknowledge that Tantha's responsibility in relation to objectionable User Material is limited to removing them post receipt of Your objections in accordance with these Terms of Use and Tantha shall not be responsible or liable for any other damages or losses incurred by You of any nature whatsoever.

Disclaimer of Warranties

You agree that use of the Services and the access to the Site is at Your own risk. The Services including the Site, the Content, the Online Games, the video player, User Material and any other materials contained on or provided through the Site are provided "AS IS" and, to the fullest extent permitted by law, are provided without warranties or guarantees of any kind, either express or implied. Without limiting the foregoing, Tantha does not make any warranties or guarantees of fitness for a particular purpose, title, merchantability, completeness, availability, security, compatibility or non-infringement; or that the Services will be uninterrupted, free of viruses, malware or other harmful components, accurate, error free or reliable.

Limitation of Liability

IN NO CASE SHALL TANTHA, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, PRINCIPALS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR ANY CONTENT OR MATERIAL THEREOF OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR ACCESS OF THE SITE OR USE OF THE SERVICES OR ANY CONTENT OR MATERIAL THEREOF, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT OR MATERIAL, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT OR MATERIAL THEREOF, EVEN IF ADVISED OF THEIR POSSIBILITY. TANTHA’S MONETARY LIABILITY FOR THE SERVICES OR THE CONTENT OR MATERIAL THEREOF ON THE SITE SHALL BE LIMITED TO INR 1000. WHERE THE LAWS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, TANTHA'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Indemnity

You agree to defend, indemnify and hold harmless Tantha, its affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys' fees) arising from: (i) Your use of and access to the Services; (ii) Your violation of any term of these Terms and Conditions; (iii) Your violation of any third party right, including without limitation any publicity, privacy, or intellectual property right; (iv) Your breach of any applicable laws; and (v) any unauthorized, improper, illegal or wrongful use of Your Account by any person, including a third party, whether or not authorized or permitted by You. This indemnification obligation will survive the expiry or termination of these Terms and Conditions and Your use of the Service.

Governing Law and Jurisdiction

The relationship between You and Tantha shall be governed by the laws of India without regard to its conflict of law provisions and for resolution of any dispute arising out of Your use of the Services. Notwithstanding the foregoing, You agree that (i) Tantha has the right to bring any proceedings before any court/forum of competent jurisdiction and You irrevocably submit to the jurisdiction of such courts or forum; and (ii) any proceeding brought by You shall be exclusively before the courts at Mumbai, India.

Severability

If any provision of these Terms and Conditions is held invalid, void, or unenforceable, then that provision shall be considered severable from the remaining provisions, and the remaining provisions given full force and effect.

Changes

Tantha reserves the right, at any time and from time to time, without prior notice to You, to update, revise, supplement, and otherwise modify these Terms of Use and to impose new or additional rules, policies, terms, or conditions on Your use of the Service. Any updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in this Terms of Use as "Revised Terms") will be posted on the Site and will be effective immediately after such posting. We recommend that you periodically check the Site for the Revised Terms Your continued use of the Services will be deemed to constitute Your acceptance of any and all such Revised Terms.

Survival

You acknowledge that Your representations, undertakings, and warranties and the clauses relating to indemnities, limitation of liability, grant of license, governing law, confidentiality shall survive the efflux of time and the termination of these Terms and Conditions.

Entire Agreement

These Terms and Conditions and Privacy Policy constitute the entire agreement between You and Tantha governing Your use of the Services, superseding any prior agreements between You and Tantha regarding such use. Further, Your acceptance of these Terms constitutes a valid and binding agreement between You and Tantha. Should these Terms require to be stamped under any applicable stamp duty laws, You should bear such stamp duty payable and comply with relevant stamping obligations.

Terms and Conditions of Use for Audio Music Content also known as content henceforth

Hello, and welcome to the Tantha Terms and Conditions of Use ("Terms"). The Terms you see below are important because they:

Outline your legal rights on Tantha

Explain the rights you give to us when you use Tantha

Describe the rules everyone needs to follow when using Tantha

Contain a class action waiver and an agreement to resolve any disputes that may arise by arbitration

Please read these Terms, our Privacy Policy and any other terms referenced in this document carefully. We hope you're sitting comfortably and listening to some great music.
Here we go...

1 Introduction

Thanks for choosing Tantha ("Tantha," "we," "us," "our"). Tantha provides personalized services with social and interactive features for streaming music and other content as well as other products and services that may be developed from time to time. By signing up or otherwise using any of these Tantha services, including all associated features and functionalities, websites and user interfaces, as well as all content and software applications associated with our services (collectively, the "Tantha Service" or "Service"), or accessing any music, videos or other content or material that is made available through the Service (the "Content") you are entering into a binding contract with Tantha USA Inc.

Your agreement with us includes these Terms and any additional terms that you agree to, as discussed in the Entire Agreement section below, other than terms with any third parties (collectively, the "Agreements"). The Agreements include terms regarding future changes to the Agreements, export controls, automatic renewals, limitations of liability, privacy, waiver of class actions, and resolution of disputes by arbitration instead of in court. If you wish to review the terms of the Agreements, the current effective version of the Agreements can be found on Tantha's website. You acknowledge that you have read and understood the Agreements, accept these Agreements, and agree to be bound by them. If you don't agree with (or cannot comply with) the Agreements, then you may not use the Tantha Service or access any Content.

In order to use the Tantha Service and access any Content, you need to (1) be 18 years or older, or be 13 years or older and have your parent or guardian's consent to the Agreements, (2) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws, and (3) reside in the United States. You also promise that any registration information that you submit to Tantha is true, accurate, and complete, and you agree to keep it that way at all times.

2 Changes to the Agreements

Occasionally we may make changes to the Agreements. When we make material changes to the Agreements, we'll provide you with notice as appropriate under the circumstances, e.g., by displaying a prominent notice within the Service or by sending you an email. In some cases, we will notify you in advance, and your continued use of the Service after the changes have been made will constitute your acceptance of the changes. Please therefore make sure you read any such notice carefully. If you do not wish to continue using the Service under the new version of the Agreements, you may terminate your account by contacting us. If you received a Trial or a Paid Subscription through a third party, you must cancel the applicable Paid Subscription through such third party.

3 Enjoying Tantha

Here's some information about all the ways you can enjoy Tantha.

3.1 Service Options

You can find a description of our Service options on our website, and we will explain which Service options are available to you when you create a Tantha account. Certain options are provided to you free-of-charge. The Tantha Service that does not require payment is currently referred to as the "Free Service." Other options require payment before you can access them (the "Paid Subscriptions"). We may also offer special promotional plans, memberships, or services, including offerings of third-party products and services in conjunction with or through the Tantha Service. We are not responsible for the products and services provided by such third parties. We reserve the right to modify, terminate or otherwise amend our offered subscription plans and promotional offerings at any time in accordance with these Terms.

The Unlimited Service may not be available to all users. We will explain which services are available to you when you are signing up for the services. If you cancel your subscription to the Unlimited Service, or if your subscription to the Unlimited Service is interrupted (for example, if you change your payment details), you may not be able to re-subscribe for the Unlimited Service. Note that the Unlimited Service may be discontinued in the future, in which case you will no longer be charged for the Service.

If you have purchased or received a code, gift card, pre-paid offer or other offer provided or sold by or on behalf of Tantha for access to a Paid Subscription ("Code"), separate terms and conditions presented to you along with the Code may also apply to your access to the Service and you agree to comply with any such terms and conditions. You may also purchase access to a Paid Subscription through a third party. In such cases, separate terms and conditions with such third party in addition to the Agreements may apply to your access to the Service.

5 Using our service

The Tantha Service and the Content are the property of Tantha or Tantha's licensors. We grant you limited, non-exclusive, revocable permission to make use of the Tantha Service, and limited, non-exclusive, revocable permission to make personal, non-commercial use of the Content (collectively, "Access"). This Access shall remain in effect until and unless terminated by you or Tantha. You promise and agree that you are using the Tantha Service and Content for your own personal, non-commercial use and that you will not redistribute or transfer the Tantha Service or the Content.

The Tantha software applications and the Content are not sold or transferred to you, and Tantha and its licensors retain ownership of all copies of the Tantha software applications and Content even after installation on your personal computers, mobile handsets, tablets, wearable devices, speakers and/or other devices ("Devices").

All Tantha trademarks, service marks, trade names, logos, domain names, and any other features of the Tantha brand ("Tantha Brand Features") are the sole property of Tantha or its licensors. The Agreements do not grant you any rights to use any Tantha Brand Features whether for commercial or non-commercial use.

You agree to abide by our User guidelines and not to use the Tantha Service, the Content, or any part thereof in any manner not expressly permitted by the Agreements. Except for the rights expressly granted to you in the Agreements, Tantha grants no right, title, or interest to you in the Tantha Service or Content.

Third party software (for example, open source software libraries) included in the Tantha Service are made available to you under the relevant third party software library's license terms as published in the help or settings section of our desktop and mobile client and/or on our website.

6 Third Party Applications and Devices

The Tantha Service is integrated with or may otherwise interact with third party applications, websites, and services ("Third Party Applications") and third party Devices to make the Tantha Service available to you. These Third Party Applications and Devices may have their own terms and conditions of use and privacy policies and your use of these Third Party Applications and Devices will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that Tantha does not endorse and is not responsible or liable for the behavior, features, or content of any Third Party Application or Device or for any transaction you may enter into with the provider of any such Third Party Applications and Devices, nor does Tantha warrant the compatibility or continuing compatibility of the Third Party Applications and Devices with the Service.

7 User-Generated Content

Tantha users may post, upload, or otherwise contribute content to the Service (which may include, for example, pictures, text, messages, information, playlist titles, descriptions and compilations, and/or other types of content) ("User Content"). For the avoidance of doubt, "User Content" includes any such content posted to the Tantha Support Community as well as any other part of the Tantha Service.

You promise that, with respect to any User Content you post on Tantha, (1) you own or have the right to post such User Content, and (2) such User Content, or its use by Tantha as contemplated by the Agreements, does not violate the Agreements or any other rights set forth within the User guidelines, applicable law, or the intellectual property, publicity, personality, or other rights of others or imply any affiliation with or endorsement of you or your User Content by Tantha or any artist, band, label, entity or individual without express written consent from Tantha or such individual or entity.

Tantha may, but has no obligation to, monitor, review, or edit User Content. In all cases, Tantha reserves the right to remove or disable access to any User Content for any or no reason, including User Content that, in Tantha's sole discretion, violates the Agreements. Tantha may take these actions without prior notification to you or any third party. Removal or disabling of access to User Content shall be at our sole discretion, and we do not promise to remove or disable access to any specific User Content.

You are solely responsible for all User Content that you post. Tantha is not responsible for User Content nor does it endorse any opinion contained in any User Content. YOU AGREE THAT IF ANYONE BRINGS A CLAIM AGAINST TANTHA RELATED TO USER CONTENT THAT YOU POST, THEN, TO THE EXTENT PERMISSIBLE UNDER LOCAL LAW, YOU WILL INDEMNIFY AND HOLD TANTHA HARMLESS FROM AND AGAINST ALL DAMAGES, LOSSES, AND EXPENSES OF ANY KIND (INCLUDING REASONABLE ATTORNEY FEES AND COSTS) ARISING OUT OF SUCH CLAIM.

8 Rights you grant us

In consideration for the rights granted to you under the Agreements, you grant us the right (1) to allow the Tantha Service to use the processor, bandwidth, and storage hardware on your Device in order to facilitate the operation of the Service, (2) to provide advertising and other information to you, and (3) to allow our business partners to do the same. In any part of the Tantha Service, the Content you access, including its selection and placement, may be influenced by commercial considerations, including Tantha's agreements with third parties. Some Content licensed by, provided to, created by or otherwise made available by Tantha (e.g. podcasts) may contain advertising as part of the Content. The Tantha Service makes such Content available to you unmodified.

If you provide feedback, ideas or suggestions to Tantha in connection with the Tantha Service or Content ("Feedback"), you acknowledge that the Feedback is not confidential and you authorize Tantha to use that Feedback without restriction and without payment to you. Feedback is considered a type of User Content.

You grant Tantha a non-exclusive, transferable, sub-licensable, royalty-free, perpetual, irrevocable, fully paid, worldwide license to use, reproduce, make available to the public (e.g. perform or display), publish, translate, modify, create derivative works from, and distribute any of your User Content in connection with the Service through any medium, whether alone or in combination with other Content or materials, in any manner and by any means, method or technology, whether now known or hereafter created. Aside from the rights specifically granted herein, you retain ownership of all rights, including intellectual property rights, in the User Content. Where applicable and permitted under applicable law, you also agree to waive and not enforce any "moral rights" or equivalent rights, such as your right to be identified as the author of any User Content, including Feedback, and your right to object to derogatory treatment of such User Content.

9 User guidelines

Tantha respects intellectual property rights and expects you to do the same. We've established a few ground rules for you to follow when using the Service, to make sure Tantha stays enjoyable for everyone. You must follow these rules and should encourage other users to do the same.

The following is not permitted for any reason whatsoever:

copying, redistributing, reproducing, "ripping," recording, transferring, performing or displaying to the public, broadcasting, or making available to the public any part of the Tantha Service or the Content, or otherwise making any use of the Tantha Service or the Content which is not expressly permitted under the Agreements or applicable law or which otherwise infringes the intellectual property rights (such as copyright) in the Tantha Service or the Content or any part of it;

using the Tantha Service to import or copy any local files that you do not have the legal right to import or copy in this way;

transferring copies of cached Content from an authorized Device to any other Device via any means;

reverse-engineering, decompiling, disassembling, modifying, or creating derivative works of the Tantha Service, Content or any part thereof except to the extent permitted by applicable law;

circumventing any technology used by Tantha, its licensors, or any third party to protect the Content or the Service;

selling, renting, sublicensing or leasing of any part of the Tantha Service or the Content;

circumventing any territorial restrictions applied by Tantha or it licensors;

artificially increasing play counts, follow counts or otherwise manipulating the Service by (i) using any bot, script or other automated process, (ii) providing or accepting any form of compensation (financial or otherwise), or (iii) any other means;

removing or altering any copyright, trademark, or other intellectual property notices contained on the Content or the Service or provided through the Service (including for the purpose of disguising or changing any indications of the ownership or source of any Content);

circumventing or blocking advertisements in the Tantha Service, or creating or distributing tools designed to block advertisements in the Tantha Service;

providing your password to any other person or using any other person's username and password;

"crawling" the Tantha Service or otherwise using any automated means (including bots, scrapers, and spiders) to view, access or collect information from Tantha or the Tantha Service;

selling a user account or playlist, or otherwise accepting or offering to accept any compensation, financial or otherwise, to influence the name of an account or playlist or the content included on an account or playlist; or

artificially promoting Content by automated means or otherwise.

Please respect Tantha, the owners of the Content, and other users of the Tantha Service. Don't engage in any activity, post any User Content, or register and/or use a username, which is or includes material that:

is offensive, abusive, defamatory, pornographic, threatening, or obscene;

is illegal, or intended to promote or commit an illegal act of any kind, including violations of intellectual property rights, privacy rights, or proprietary rights of Tantha or a third party;

includes your password or purposely includes any other user's password or purposely includes personal data of third parties or is intended to solicit such personal data;

includes malicious content such as malware, Trojan horses, or viruses, or otherwise interferes with any user's access to the Service;

is intended to or does harass or bully other users;

impersonates or misrepresents your affiliation with another user, person, or entity, or is otherwise fraudulent, false, deceptive, or misleading;

involves the transmission of unsolicited mass mailings or other forms of spam, junk mail, chain letters, or similar;

involves commercial or sales activities, such as advertising, promotions, contests, sweepstakes, or pyramid schemes, that are not expressly authorized by Tantha;

links to, references, or otherwise promotes commercial products or services, except as expressly authorized by Tantha;

interferes with or in any way disrupts the Tantha Service, tampers with, breaches, or attempts to probe, scan, or test for vulnerabilities in the Service or Tantha's computer systems, network, usage rules, or any of Tantha's security components, authentication measures or any other protection measures applicable to the Service, the Content or any part thereof; or

conflicts with the Agreements, as determined by Tantha.

You acknowledge and agree that posting any User Content that violates these User guidelines (or that Tantha reasonably believes violates these User guidelines) may result in immediate termination or suspension of your Tantha account. You also agree that Tantha may reclaim your username for any reason.

Please be thoughtful about how you use the Tantha Service and what you share. The Tantha Service includes social and interactive features, including the ability to post User Content, share content, and make certain information about you public. Remember that shared or publicly available information may be used and re-shared by other users on Tantha or across the web, so please use Tantha carefully and be mindful of your account settings. Tantha has no responsibility for your choices to post material on the Service.

Your password protects your user account, and you are solely responsible for keeping your password confidential and secure. You understand that you are responsible for all use (including any unauthorized use) of your username and password on the Service. If your username or password is lost or stolen, or if you believe there has been unauthorized access to your account by a third party, you must notify us immediately and change your password as soon as possible.

10 Infringement and reporting User Content

Tantha respects the rights of intellectual property owners. If you believe that any Content infringes your intellectual property rights or other rights, see Tantha's copyright policy If Tantha is notified by a copyright holder, using the forms provided by Tantha, that any Content infringes a copyright, Tantha may in its sole discretion remove such Content from the Service, or take other steps that Tantha deems appropriate, without prior notification to the user or other party who supplied or posted that Content. If such user or other party believes that the Content is not infringing, he or she may in certain circumstances submit a counter-notification to Tantha with a request to restore the removed content, which Tantha may or may not honor, in Tantha's sole discretion.

If you believe that any Content does not comply with the User guidelines, please fill out our notice form.

11 Service limitations and modifications

Tantha will make reasonable efforts to keep the Tantha Service operational. However, certain technical difficulties, maintenance or testing, or updates required to reflect changes in relevant laws and regulatory requirements, may, from time to time, result in temporary interruptions. Tantha reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Tantha Service, with advance notice where possible, all without liability to you, except where prohibited by law, for any interruption, modification, or discontinuation of the Tantha Service or any function or feature thereof. Notwithstanding the foregoing, if you have prepaid fees to Tantha for Paid Subscriptions that Tantha permanently discontinues prior to the end of the Pre-Paid Period (defined in the Payments and cancellations section), Tantha will refund you the prepaid fees for the Pre-Paid Period after such discontinuation. You understand, agree, and accept that Tantha will make reasonable efforts, although it has no obligation to maintain, support, upgrade, or update the Service, or to provide all or any specific content through the Service. Tantha and/or the owners of any Content may, from time to time, remove any such Content without notice. This section will be enforced to the extent permissible by applicable law.

12 Brand Accounts

If you establish a Tantha account on behalf of a company, organization, entity, or brand (a "Brand," and such account a "Brand Account"), the terms "you" and "your," as used throughout the Agreements, apply to both you and the Brand.

If you create a Brand Account, you represent and warrant that you are authorized to grant all permissions and licenses provided in the Agreements and to bind the Brand to the Agreements.

A Brand may follow users and create and share playlists, provided that the Brand does not take any action that implies an endorsement or commercial relationship between the Brand and the followed user, artist, songwriter, or any other person, unless the Brand has independently obtained the rights to imply such an endorsement. In addition, Brands must be transparent to our users about disclosing any endorsements or consideration provided to artists, songwriters, users, or any other party and must comply with all applicable laws, regulations, and codes of practice when engaging in the foregoing practices.

13 Tantha Support Community

The Tantha Support Community is a place for discussions and exchange of information, tips, and other materials related to the Tantha Service. By using the Tantha Support Community, you agree to the Community Terms.

14 Customer support

For customer support with account-related and payment-related questions ("Customer Support Queries"), please submit a ticket to our Customer Service department using the Customer Service contact form on the About Us section of our website. We will use reasonable endeavors to respond to all Customer Support Queries within a reasonable time frame but we make no promises that any Customer Support Queries will be responded to within any particular time frame and/or that we will be able to answer any such queries.

15 Export control

Tantha's products may be subject to U.S. export and re-export control laws and regulations or similar laws applicable in other jurisdictions, including the Export Administration Regulations ("EAR") maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department's Office of Foreign Assets Control ("OFAC"), and the International Traffic in Arms Regulations ("ITAR") maintained by the Department of State. You warrant that you are (1) not located in any country to which the United States has embargoed goods or has otherwise applied any economic sanctions; and (2) not a denied party as specified in any applicable export or re-export laws or regulations or similar laws applicable in other jurisdictions.

You agree to comply with all applicable export and reexport control laws and regulations, including the EAR, trade and economic sanctions maintained by OFAC, and the ITAR. Specifically, you agree that you shall not – directly or indirectly – sell, export, reexport, transfer, divert, or otherwise dispose of any products, software, or technology (including products derived from or based on such technology) received from Tantha under the Agreements to any destination, entity, or person prohibited by any applicable laws or regulations of the United States or any other jurisdiction without obtaining prior authorization from the competent government authorities as required by those laws and regulations.

16 Term and termination

The Agreements will continue to apply to you until terminated by either you or Tantha. However, you acknowledge and agree that the perpetual license granted by you in relation to User Content, including Feedback, is irrevocable and will therefore continue after expiry or termination of any of the Agreements for any reason. Tantha may terminate the Agreements or suspend your access to the Tantha Service at any time, including in the event of your actual or suspected unauthorized use of the Tantha Service and/or Content, or non-compliance with the Agreements, or if we withdraw Services and/or Content (in which case we shall provide you with reasonable notice in advance of doing so). If you or Tantha terminate the Agreements, or if Tantha suspends your access to the Tantha Service, you agree that Tantha shall have no liability or responsibility to you, and Tantha will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. You may terminate the Agreements at any time. To learn how to terminate your Tantha account, please contact us through the Customer Service contact form which is available on our About Us page. This section will be enforced to the extent permissible by applicable law.

Sections 7, 8, 9, 11, 15, 16, 17, 18, 19, 20, 21, 22, 23, and 24 herein, as well as any other sections of the Agreements that, either explicitly or by their nature, must remain in effect even after termination of the Agreements, shall survive termination.

17 Warranty disclaimer

YOU UNDERSTAND AND AGREE THAT THE TANTHA SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. TANTHA AND ALL OWNERS OF THE CONTENT MAKE NO REPRESENTATIONS AND DISCLAIM ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER TANTHA NOR ANY OWNER OF CONTENT WARRANTS THAT THE TANTHA SERVICE IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. IN ADDITION, TANTHA MAKES NO REPRESENTATION NOR DOES IT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY APPLICATIONS (OR THE CONTENT THEREOF), USER CONTENT, DEVICES OR ANY OTHER PRODUCT OR SERVICE ADVERTISED, PROMOTED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE TANTHA SERVICE OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING AND TANTHA IS NOT RESPONSIBLE OR LIABLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF THE FOREGOING. NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM TANTHA SHALL CREATE ANY WARRANTY ON BEHALF OF TANTHA. WHILE USING THE TANTHA SERVICE, YOU MAY HAVE ACCESS TO EXPLICIT CONTENT FILTERING FEATURES, BUT USE OF THESE FEATURES MAY STILL RESULT IN SOME EXPLICIT CONTENT BEING SERVED AND YOU SHOULD NOT RELY ON SUCH FEATURES TO FILTER ALL EXPLICIT CONTENT. THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

THIS SECTION DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.

18 Limitation and time for filing

YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE TANTHA SERVICE IS TO UNINSTALL ANY TANTHA SOFTWARE AND TO STOP USING THE TANTHA SERVICE. YOU AGREE THAT TANTHA HAS NO OBLIGATION OR LIABILITY ARISING FROM OR RELATED TO THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE TANTHA SERVICE, AND WHILE YOUR RELATIONSHIP WITH SUCH THIRD PARTY APPLICATIONS MAY BE GOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES, YOUR SOLE AND EXCLUSIVE REMEDY, AS WITH RESPECT TO TANTHA, FOR ANY PROBLEMS OR DISSATISFACTION WITH THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, IS TO UNINSTALL AND/OR STOP USING ANY SUCH THIRD PARTY APPLICATIONS.

IN NO EVENT WILL TANTHA, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OF OR INABILITY TO USE THE TANTHA SERVICE, DEVICES THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER TANTHA HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; OR (3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE TANTHA SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT MORE THAN THE AMOUNTS PAID BY YOU TO TANTHA DURING THE PRIOR TWELVE MONTHS IN QUESTION.

Nothing in the Agreements removes or limits Tantha's liability for fraud, fraudulent misrepresentation, death or personal injury caused by its negligence, and, if required by applicable law, gross negligence.

YOU AGREE THAT ANY CLAIM AGAINST TANTHA MUST BE COMMENCED (BY FILING A DEMAND FOR ARBITRATION UNDER SECTION (24.2.1) OR FILING AN INDIVIDUAL ACTION UNDER SECTION (24.2.2) WITHIN ONE (1) YEAR AFTER THE DATE THE PARTY ASSERTING THE CLAIM FIRST KNOWS OR REASONABLY SHOULD KNOW OF THE ACT, OMISSION, OR DEFAULT GIVING RISE TO THE CLAIM; AND THERE SHALL BE NO RIGHT TO ANY REMEDY FOR ANY CLAIM NOT ASSERTED WITHIN THAT TIME PERIOD.

THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

19 Third party rights

You acknowledge and agree that the owners of the Content and certain distributors (such as app store providers) are intended beneficiaries of the Agreements and have the right to enforce the Agreements directly against you. Other than as set out in this section, the Agreements are not intended to grant rights to anyone except you and Tantha, and in no event shall the Agreements create any third party beneficiary rights. Furthermore, the rights to terminate, rescind, or agree to any variation, waiver, or settlement of the Agreements are not subject to the consent of any other person.

If you have downloaded the App from the Apple, Inc. ("Apple") App Store or if you are using the App on an iOS device, you acknowledge that you have read, understood, and agree to the following notice regarding Apple. This Agreement is between you and Tantha only, not with Apple, and Apple is not responsible for the Service and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service. In the event of any failure of the Service to conform to any applicable warranty, then you may notify Apple and Apple will refund any applicable purchase price for the App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including: (1) product liability claims; (2) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Service and/or your possession and use of the App infringe that third party's intellectual property rights. You agree to comply with any applicable third party terms, when using the Service. Apple, and Apple's subsidiaries, are third party beneficiaries of this Agreement, and upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary of this Agreement. You hereby represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.

20 Entire Agreement

Other than as stated in this section or as explicitly agreed upon in writing between you and Tantha, the Agreements constitute all the terms and conditions agreed upon between you and Tantha and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral.

Please note, however, that certain aspects of your use of the Tantha Service may be governed by additional agreements. That could include, for example, access to the Tantha Service as a result of a gift card, free or discounted Trials, or together with other services. When you are presented with an offer for such aspects of your use, you will be presented with any related additional agreement, and you may have an opportunity to agree to additional terms. Some of those additional terms are listed on Tantha's website. To the extent that there is any irreconcilable conflict between any additional terms and these Terms, the additional terms shall prevail.

21 Severability, waiver and interpretation

Unless as otherwise stated in the Agreements, should any provision of the Agreements be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreements, and the application of that provision shall be enforced to the extent permitted by law.

Any failure by Tantha or any third party beneficiary to enforce the Agreements or any provision thereof shall not waive Tantha's or the applicable third party beneficiary's right to do so.

As used in these Terms, the words "include" and "including," and variations thereof, will be deemed to be followed by the words "without limitation."

22 Assignment

Tantha may assign the Agreements, and any of its rights under the Agreements, in whole or in part, and Tantha may delegate any of its obligations under the Agreements. You may not assign the Agreements, in whole or in part, nor transfer or sub-license your rights under the Agreements, to any third party.

23 Indemnification

You agree to indemnify and hold Tantha harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of or related to: (1) your breach of the Agreements or any one of them; (2) any User Content you post or otherwise contribute; (3) any activity in which you engage on or through the Tantha Service; and (4) your violation of any law or the rights of a third party.

24 Choice of law, mandatory arbitration, and venue

24.1 Governing Law / Jurisdiction

The Agreements (and any non-contractual disputes/claims arising out of or in connection with them) are subject to the laws of the state of California, United States of America, without regard to choice or conflicts of law principles.
Further, you and Tantha agree to the jurisdiction of the Northern District of California to resolve any dispute, claim, or controversy that relates to or arises in connection with the Agreements (and any non-contractual disputes/claims relating to or arising in connection with them) and is not subject to mandatory arbitration under Section 24.2.1.

24.2 ARBITRATION AGREEMENT

This Arbitration Agreement applies only to users in the United States.

24.2.1 Dispute resolution and arbitration

You and Tantha agree that any dispute, claim, or controversy between you and Tantha arising in connection with or relating in any way to these Agreements or to your relationship with Tantha as a user of the Service (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of the Agreements) will be determined by mandatory binding individual (not class) arbitration. You and Tantha further agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope or validity of the Arbitration Agreement or to the arbitrability of any claim or counterclaim. Arbitration is more informal than a lawsuit in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than in court. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney fees), except that the arbitrator may not award any relief, including declaratory or injunctive relief, benefiting anyone but the parties to the arbitration. This arbitration provision will survive termination of the Agreements.

24.2.2 Exceptions

Notwithstanding the clause above (24.2.1), you and Tantha both agree that nothing in this Arbitration Agreement will be deemed to waive, preclude, or otherwise limit either of our rights, at any time, to (1) bring an individual action in a U.S. small claims court or (2) bring an individual action seeking only temporary or preliminary individualized injunctive relief in a court of law, pending a final ruling from the arbitrator. In addition, this Arbitration Agreement doesn't stop you or us from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf (or vice versa).

24.2.3 No Class Or Representative Proceedings: Class Action Waiver

YOU AND TANTHA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and Tantha agree, no arbitrator or judge may consolidate more than one person's claims or otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. If a court decides that applicable law precludes enforcement of any of this paragraph's limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.

24.2.4 Arbitration rules

Either you or we may start arbitration proceedings. Any arbitration between you and Tantha will take place under the Consumer Arbitration Rules of the American Arbitration Association ("AAA") then in force (the "AAA Rules"), as modified by this Arbitration Agreement. You and Tantha agree that the Federal Arbitration Act applies and governs the interpretation and enforcement of this provision (despite the choice of law provision above). The AAA Rules, as well as instructions on how to file an arbitration proceeding with the AAA, appear at adr.org, or you may call the AAA at 1-800-778-7879. Tantha can also help put you in touch with the AAA.

Any arbitration hearings will take place in the county (or parish) of your billing address, provided that if the claim is for $25,000 or less, you may choose whether the arbitration will be conducted (1) solely on the basis of documents submitted to the arbitrator; (2) through a non-appearance based telephonic hearing; or (3) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address.

If you choose to file an arbitration proceeding and you are required to pay a filing fee, Tantha will reimburse you for that filing fee, unless your claim is for greater than US $10,000, in which case you will be responsible for the filing fee. Tantha will pay any other arbitration fees, including your share of arbitrator compensation, unless otherwise required by AAA rules or court order. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits.

24.2.5 Notice; Process

A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail, Federal Express, UPS, or Express Mail (signature required), or in the event that we do not have a physical address on file for you, by electronic mail ("Notice"). Tantha's address for Notice is: Tantha USA Inc., Attn: General Counsel, 4 World Trade Center, 150 Greenwich Street, 62nd Floor, New York, New York 10007, USA. The Notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought ("Demand"). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or Tantha may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Tantha shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. In the event our dispute is finally resolved through arbitration in your favor, and the arbitrator issues you an award that is greater than the value of Tantha's last written settlement offer, then Tantha will instead pay you either the amount of the award or $1,00, whichever is greater. All documents and information disclosed in the course of the arbitration shall be kept strictly confidential by the recipient and shall not be used by the recipient for any purpose other than for purposes of the arbitration or the enforcement of the arbitrator's decision and award and shall not be disclosed except in confidence to persons who have a need to know for such purposes or as required by applicable law.

24.2.6 Enforceability

If this Arbitration Agreement is invalidated in whole or in part, the parties agree that the exclusive jurisdiction and venue described in Section 24.1 shall govern any claim in court arising out of or related to the Agreements.