1. AUTHORIZED USERS:
1.1 Age Requirement; Authority. In order to use any of the Services, You represent that: a) you have read and understood, and you agree to be bound by, this Agreement; and b) you are at least 13 years old. If you do not agree to, or cannot comply with, any of these terms and conditions of this Agreement, please do not check the acceptance box and do not attempt to access any of the Services.
#16/A, Maratha Bhavan, Miller Tank Bund Road, Vasanthnagar, Bangalore 560052
Please note however that opting out may prevent you from receiving messages regarding the Services or special offers.
1.3 Account Confidentiality. You agree that you will not allow others to use any aspect of your Account Information. You will be solely and absolutely responsible for taking steps to maintain the confidentiality and security of your account. You agree to notify us immediately of any unauthorized use of your password and/or account. Radiowalla will not in any manner be responsible for any losses arising out of any unauthorized use of your member name, password and/or account and you agree to indemnify and hold harmless Radiowalla, its partners, parents, subsidiaries, agents, affiliates and/or licensors, as applicable, for any improper, unauthorized or illegal uses of the same.
1.4 Security. To prevent unauthorized access, to maintain data accuracy, and to ensure the appropriate use of Account Information, we use appropriate physical, technical and administrative procedures to safeguard the information we collect.Credit card numbers are used only for processing payments and are not used for other purposes.
2.LICENSE TO SERVICES:
2.1 License Granted. RadiowallaNetwork Pvt. Ltd. grants to you a limited, non-exclusive, non-transferable license to access and use the Services in India for personal non-commercial purposes only. If you subscribe to any of the Services, this license is contingent upon your payment of any applicable subscription fees and your compliance with any other terms and conditions applicable to you as a subscriber. Any violation by you of the license provisions contained in this Section 2.1 may result in the immediate termination of your right to use the Services. Radiowallareserves all right, title and interest not expressly granted under this license to the fullest extent possible under applicable laws.
ANY USE OF THE SERVICES NOT SPECIFICALLY PERMITTED UNDER THIS AGREEMENT IS STRICTLY PROHIBITED.
2.2 Updates. RadiowallaNetwork Pvt. Ltd. may from time to time make available to all users of the Services, updates at no cost or subject to additional fees, at Radiowalla's sole discretion. "Updates" means any updates, upgrades or error corrections to the Services made available generally to users of the Services. Notwithstanding anything else contained in this Agreement, Radiowalla will have no obligation to continue producing or releasing new versions of the Services or any updates thereto.
You may use the Servicesonly for lawful purposes specified under this Agreement. You are responsible for all activities under your account, including all legal liability incurred from the use of your account by you or others. You hereby agree that you will not:
3.1 engage in any activity that encourages conduct which would constitute a criminal offence, or that which gives rise to any criminal liability; offers, promotes or encourages betting, wagering prohibited by law.
3.2 attempt to gain unauthorised access to our computer networks or user accounts.
3.3 attempt to introduce viruses or any other computer code, files or program that interrupt, limit the functionality or destroy any computer software or hardware; or interfere with any other partys use and enjoyment of Services.
3.4 use the Services to reproduce copyrighted materials;
3.5 use technology or any other means to access the Services or the Website that is not authorized by us.
3.6 copy, store, edit, change, prepare any derivative work of or alter in any way any of the tracks streamed through the Services;
3.7 make the Services available over a network (other than Radiowalla's network) where it could be used by others;
3.8 provide your password to any other person;
3.9 translate, reverse engineer, decompile, disassemble, modify or create derivative works based on the Services or any portion of them;
3.10 circumvent any technology used by Radiowalla or its licensors to protect content accessible via the Services;
3.11 rent, lease or sublicense any of the Services;
3.12 post comments in areas that can be publicly accessed and viewed that are defamatory; post someone elses personal information or image without their express authorization in areas that can be publicly accessed and viewed. However, by submitting content to public areas of Radiowalla, you grant us, our parent, affiliates, and distributors the right to use, copy, display, perform, distribute, adapt and promote this content in any medium. You agree that we have no duty to pre-screen content, but we have the right to refuse to post or to edit submitted content. We reserve the right to remove content for any reason, but we are not responsible for any failure or delay in removing such material.
3.13 use the Services in any way that violates the terms of this Agreement.
Further, you may not use the Services or any of our communication tools to transmit, directly or indirectly, any unsolicited bulk communications (including e-mails and instant messages). You may not harvest information about our users for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications. You may not induce or allow others to use the Services or the Website to violate this Agreement. We may terminate your access to the Website and/or use of Services immediately and take any other legal action if you, or anyone using your access to the Services and the Website violates this Agreement. We may take any technical remedies to prevent unsolicited bulk communications from entering, utilizing, or remaining within our computer or communications networks.
As between you and Radiowalla, you acknowledge that Radiowalla owns or has a license to all title and copyrights in and to the Services and the Website. All title and intellectual property rights in and to the licensed content in the Services is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties and subject to use restrictions under such laws or treaties.
5. RADIOWALLANETWORK PVT. LTD's TRADEMARKS AND THIRD-PARTY TRADEMARKS:
A number of the trademarks used on the Websiteand its design logo, as well as certain other trademarks, service marks, graphics, and logos are registered trademarks or trademarks of RadiowallaNetworkPvt. Ltd, (collectively, the "Radiowalla Trademarks") used in connection with the Services. The Services may contain third-party trademarks, service marks, graphics, and logos. You are not hereby granted any right or license with respect to all or any of the Radiowalla Trademarks or the trademarks of any third party.
The Services use technology to protect the digital information provided by you from unauthorized use. Your use of the Services may be limited by such technology. You acknowledge that, from time to time, Radiowallamay modify or discontinue using such technology. Security modifications made by Radiowalla may from time to time include required updates to the Services.
IF YOU ATTEMPT TO VIOLATE OR CIRCUMVENT ANY SYSTEM OR NETWORK SECURITY COMPONENTS OR TECHNOLOGY, THIS SHALL CONSTITUTE A BREACH OF THIS AGREEMENT AND YOU MAY, ADDITIONALLY, BE SUBJECT TO CIVIL OR CRIMINAL LIABILITY.
8. AGREEMENT TO PAY:
If you elect to become a subscriber to the Services, you agree to pay all fees and charges associated with your subscription on a timely basis. All such fees and charges (including any taxes and late fees, as applicable) will be charged on your credit card. You will maintain valid credit card information in your Account Information.
This Agreement will remain effective until terminated by you or terminated by us.
You agree that the Services may be supported by advertising. Any dealings that you have with advertisers found on the Website or through the Services are between you and the advertiser and you acknowledge and agree that we are not liable for any loss or claim you may have against an advertiser.
11.1 THE SERVICES (INCLUDING ANY SOFTWARE CONTAINED THEREIN) AND ANY UPGRADES OR PLUG-INS AND ANY LICENSED CONTENT ARE LICENSED TO YOU "AS IS." ANY USE OF THE SERVICES WILL BE AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RADIOWALLA DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. RADIOWALLA MAKES NO REPRESENTATIONS OR GUARANTEES THAT THE SERVICES WILL BE FREE FROM LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND RADIOWALLA DISCLAIMS ANY LIABILITY RELATING THERETO.
11.2 2RADIOWALLA MAKES NO GUARANTEES, REPRESENTATIONS, OR WARRANTIES THAT USE OR RESULTS OF THE USE OF THE SERVICES WILL BE ACCURATE, RELIABLE, CURRENT, UNINTERRUPTED OR WITHOUT ERRORS.WITHOUT PRIOR NOTICE, RADIOWALLA MAY MODIFY, SUSPEND, OR DISCONTINUE THE SERVICES (INCLUDING ANY CONTENT) OR YOUR USE OF THEM. WHENEVER RADIOWALLA ELECTS TO MODIFY, SUSPEND, OR DISCONTINUE THE SERVICES,IT WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY.
11.3 YOU ACKNOWLEDGE THAT YOUR SUBMISSION OF ANY INFORMATION TO US IS AT YOUR OWN RISK.RADIOWALLA DOES NOT ASSUME ANY LIABILITY TO YOU WITH REGARD TO ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
11.4 YOU UNDERSTAND THAT YOU MAY ENCOUNTER OFFENSIVE, INDECENT OR OTHER OBJECTIONABLE CONTENT WHEN USING THE SERVICES.RADIOWALLA WILL HAVE NO LIABILITY TO YOU FOR ANY SUCH CONTENT.
11.5 SOME OF THE CONTENT, PRODUCTS, AND SERVICES AVAILABLE THROUGH THE SERVICES MAY INCLUDE MATERIALS THAT BELONG TO THIRD PARTIES. YOU ACKNOWLEDGE AND AGREE THAT RADIOWALLA ASSUMES NO RESPONSIBILITY FOR SUCH CONTENT, PRODUCTS OR SERVICES.
12. LIMITATION OF LIABILITY:
12.1 IN NO EVENT WILL RADIOWALLA BE LIABLE TO YOU FOR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, CORRUPTION OF FILES, LOSS OF BUSINESS INFORMATION OR ANY OTHER PECUNIARY LOSS) EVEN IF RADIOWALLAHAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY RADIOWALLAOR OTHERS WILL CREATE A WARRANTY AND NEITHER YOU NOR ANY THIRD PARTY MAY RELY ON ANY SUCH INFORMATION OR ADVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY OR MAY NOT APPLY TO YOU.
12.2 RADIOWALLAS ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY UNDER THIS AGREEMENT WILL BE LIMITED TO THE TOTAL AMOUNT PAID BY YOU TO RADIOWALLAFOR THE APPLICABLE SERVICES AT ISSUE.
YOU WILL INDEMNIFY AND HOLD RADIOWALLA, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY SUITS OR CLAIMS ARISING OUT OF (I) YOUR BREACH OF THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, ANY INFRINGEMENT BY YOU OF THE COPYRIGHT OR INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY; OR (II) YOUR USE OF THE SERVICES.
14. GENERAL INFORMATION:
14.1 You will be responsible for providing any and all hardware and software necessary to use the Services other than the software available on the Website.
14.2 Radiowalla or its business partners may present advertisements or promotional materials via the Services. Your dealings with, or participation in promotions of any third-party advertisers via the Services are solely between you and such third party and your participation is subject to the terms and conditions associated with that advertisement or promotion. You agree that Radiowalla is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties via the Services.
14.3 The Services may present links to third-party websites or third-party services not owned or operated by us. We are not responsible for the availability of these third-party websites or services or their contents. You agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with your use of or reliance on any content of any such third-party site or services or goods or services available through any such third-party site or service.
14.4 The Services are owned or licensed by Radiowalla and are protected by Indian copyright laws and international treaty provisions. You will not sublicense, assign, or transfer the license granted to you under this Agreement. Any sublicense, assignment, or transfer of any of the rights, duties, or obligations in violation of the provisions of this Agreement is void.
14.5 Should you have any questions concerning this Agreement or require technical support, you may contact us through details provided on the Website.
14.6 Radiowalla may provide notifications, whether such notifications are required by the law or are for marketing or other business related purposes, to you via email, mobile text message, written or hard copy notice, or through conspicuous posting of such notice on Site, as determined by Radiowalla in its sole discretion. Radiowalla reserves the right to determine the form and means of providing notifications to you, provided that you may opt out of certain means of notification as described in this Agreement.
14.7 This Agreement will be governed by the laws of the Republic of India. The exclusive jurisdiction for any claim, action or dispute with Radiowalla or relating in any way to your use of the Services will be in the Courts of Bangalore, India and the venue for the adjudication or disposition of any such claim, action or dispute will be Bangalore, India.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND WILL BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THIS AGREEMENT REPRESENTS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.