THIS IS AN END USER LICENSE AGREEMENT BETWEEN YOU AS THE END-USER AND RADIOWALLA NETWORK LIMITED. PLEASE READ THIS AGREEMENT CAREFULLY AS THE TERMS AND CONDITIONS DESCRIBED HEREIN CONTROL AND GOVERN YOUR USE OF THE SERVICES ON THIS WEBSITE.
1. Parties
a. Radiowalla Network Limited (Previously known as Radiowalla Network Pvt Ltd.) ("Radiowalla", "we", "us" or "our") offers and provides internet radio services under the brand name Radiowalla (the "Services"), including but not limited to delivery via our website at www.radiowalla.in ("Website"), a mobile device, or otherwise.
b. "End-User" includes both individuals who make any use of this website, as well as individuals who register with the Website by providing the required Registration Data. By viewing and making any use of this website, End-User expressly agrees to be bound by the terms and conditions contained herein.
2. Ownership
The Website and Services are copyrighted by, proprietary to and a trade secret of Radiowalla. Radiowalla retains all title, interest, ownership and intellectual property rightsin and to the Website and Services and all subsequent copies regardless of the form or media. The Website and Services is protected by the copyright laws of India and international copyright treaties. This License is not a sale of the Services.
3. Definitions
a. Account Information: An End-User registering to use and access the Services through the Website will be provided a user account and password, which is associated with the End-User's Registration Data.
b. EULA: This End-User license agreement.
c. Party: Shall mean either of Radiowalla and the End-User.
d. Parties: Shall mean Radiowalla and the End-User collectively.
e. Registration Data: The information provided by the End-User during the registration process, and includes, their name, street address for their residence, telephone numbers, driver's license and/or social security number, email address, and credit card information. Registration Data may be updated by an End-User by accessing the appropriate page on the Website.
f. Services: Internet radio services offered and provided by Radiowalla under the brand name Radiowalla.
4. Rights And Responsibilities
a. End-User's Information
End-User agrees to provide accurate, current and complete Registration Data at the time of registration with the Website and at other times as may be required in the course of using the Services. Radiowalla, in its sole discretion, has the right to terminate your usage of the Services if the Registration Data is false, inaccurate or incomplete as determined by Radiowalla. End-User agrees that Radiowalla may store and use the Registration Data provided (including credit card information), subject to this Agreement, for use in providing the Services, including but not limited to, maintaining, collecting End-User accounts and billing fees to End-User's credit card.
End-User also expressly agrees and acknowledges that Radiowalla may, without any liability or prior notice, disclose End-User's Registration Data and/or any account information to law enforcement authorities, government officials, and/or any other third-party, as Radiowalla believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement, or any statute or regulation.
b. End-User Account
End-User is solely responsible for maintaining and securing End User's Account Information. End-User should not reveal Account Information to any third party, and must not use or attempt to access any other End-User's Account Information. End-User is entirely responsible for all activities, acts, omissions, purchases and other activities that occur on or through End-User's Account Information. End-User agrees to provide notice, within twenty-four (24) hours, of any unauthorised use of End-User's Account Information or any other breach of security. Radiowalla is not responsible for any losses arising out of use or unauthorised use of End-User's Account Information.
c. End-User's Authorised Usage
End-User is authorised to access and use the Services solely for personal, non-commercial use in accordance with the terms of this Agreement. End-User is not granted any greater rights or license beyond this authorised use, and no waiver of any rights is expressly or impliedly created by this grant. End-User only has a limited, non-transferable, non-exclusive, revocable, non-sub licensable right to access the Services for personal use in accordance with this Agreement.
d. End-User Excluded Uses
End-User agrees and acknowledges that the authorised use of the Services DOES NOT permit End-User, or any family members, employees, agents and/or representatives of End-User to do any of the following:
i. reproduce (except as provided above), publish, transmit, distribute, display, broadcast, re-broadcast, publicly perform, rent or lend, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, directly or indirectly, any of the content provided through the Services
ii. play and then re-digitise any of the content provided through the Services
iii. upload any content provided through the Services to the internet
iv. use any of the content provided through the Services or the Services in conjunction with any other third-party content
v. send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or spamming to other End-Users
vi. forge any TCP/IP packet header or part of the header information in any email or newsgroup posting for any reasons
vii. use the Services for any commercial and/or business purposes, including without limitation, advertising, marketing or offering goods or services, whether for financial or any other form of compensation or through linking with any other website or web page
viii. transmit, distribute, or upload programs or materials that contain malicious code, including but not limited to viruses, time bombs, cancel bots, worms, Trojan horses, spyware, or other potentially harmful programs or other material or information
ix. collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display any Registration Data, or other personally identifiable information, regarding any other End-User
x. modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the Website and/or Services, or the rights of use of any other End-User
xi. obtain unauthorised access to the Website, Services or other End-User's Registration Data or Account Information, or other personally identifiable information
xii. use the Website, Services or work in any manner inconsistent with the grant provided herein or inconsistent with any law
xiii. engage in any activity that encourages conduct that would constitute a criminal offence, or that gives rise to criminal liability; offers, promotes or encourages betting, wagering prohibited by law
xiv. post comments in areas that can be publicly accessed and viewed that are defamatory; post someone else's personal information or image without their express authorisation in areas that can be publicly accessed and viewed
xv. harm minors in any way, stalk or otherwise harass another
Radiowalla shall have the right to modify and add to the above limitations, within its sole discretion, at any time, without prior notice and without any prior authorisation of End-User. End-User's continued use of the Services, after the modification or addition of other limitations, is an express consent by End-User to be bound by the terms and conditions of any modified or additional limitation.
e. End-User Payment
End-User agrees to pay Radiowalla for End-User's continued access to the Website, and Radiowalla is authorised to bill End-User's chosen payment method for the Services accessed by the End-User, including all incidental charges (which may include but are not limited to, taxes and late fees) in connection with End User's Account. All fees will be billed to the payment method designated by End-User during registration and as specified in the Registration Data. In the event that the End-User wishes to change the chosen payment method, or if there is a change to End-User's credit card status, End-User must change the credit card information in the Account Information section of the Website. (There may be a temporary disruption of End-User's access to the Services until Radiowalla can verify the validity of any changed credit card information).
Payment methods currently accepted by Radiowalla include major credit cards. Pre-approval from the issuing bank for End-User's credit card is obtained at the time of subscription, and the credit-card will be billed at the time when the subscription is accepted. For purposes of the Services, subscription will be deemed accepted when the link for accessing the Services is provided to End-User. Radiowalla may bill End-User's chosen payment method after each subscription, or may aggregate multiple subscriptions End-User makes into a single charge to End-User's credit card. If a subscription has been declined due to a credit card issue, End-User should review its Registration Data to make sure End-User's information is correct. If after verifying that the Registration Data is correct and a subscription is still declined, End-User will have to use a different payment method.
f. End-User's Electronic Signature and Notices
End-User's use of the Services includes the ability to enter into an Agreement and/or to subscribe electronically. By submitting Registration Data electronically, End-User consents to entering into this Agreement electronically, and to all subsequent electronic submissions. Further, the submission of Registration Data constitutes an acknowledgment and agreement by End-User to be bound by this Agreement and pay for all subscriptions in accordance with this Agreement, and applies to all transactions End-User enters into on this Website, including notices of cancellation, policies, contracts, and applications.
This Agreement is available for review at any time on the Website. A copy of this Agreement may be downloaded and saved by the End-User, however, as this Agreement is subject to change without notice, End-User is obligated to periodically review the latest version of the Agreement at the internet address provided above.
written copy of this Agreement may be obtained by sending a postage paid, self-addressed envelope with the heading 'Radiowalla Network Limited Agreement Request' to the following address:
#16/A, Maratha Bhavan, Miller Tank Bund Road, Vasantnagar, Bangalore - 560052
A fee shall be charged for each copy of this Agreement provided in writing..
End-User may withdraw the above consent, thereby terminating this Agreement, after which time, the parties obligations will be defined by the section governing 'Termination' contained within this Agreement.
g. Prices
Radiowalla reserves the right at its sole and absolute discretion to change the price for subscription to the Services at any time.
h. Reservation of Rights and Compliance with Laws
Radiowalla, in its sole discretion, reserves the right, to take any necessary steps, to enforce and/or verify compliance with any part of this Agreement, including but not limited to: cooperation with any legal proceeding relating to End-User's use of the Services, any third-party's claim that End-User's use of this site is unlawful or infringing on the third-party's rights.
End-User agrees that it will comply with all applicable laws, statutes, ordinances, and regulations that apply to End-User's use of the Services.
i. Subscription Acceptance
End-User acknowledges and agrees that all subscriptions are final and all charges from those subscriptions are non-refundable. Radiowalla retains the right to accept or reject any subscriptions within its sole discretion.
j. Customer Service
Customer Customer Service for the Website is available via email as provided on the Website
k. Termination
Radiowalla, in its sole discretion, may modify, suspend or terminate Services and/or the Website, at any time, and in any manner, in whole or in part, without notice or liability to End-User. Radiowalla, within its sole discretion, may remove or prevent access to the Services and/or the Website, without notice or approval of End-User. Radiowalla may also terminate this Agreement at any time, without notice, for any reason or no reason.
Radiowalla may cancel this EULA if End User does not abide by the terms and conditions of this EULA. End User agrees that Radiowalla and its affiliates may collect and use installation computer environment information either provided by you or as detected and transmitted by the embedded code.
l. Privacy Policy
Radiowalla's privacy policy pertains to the End-User Registration Data provided by End-User when End-User signs up to use the Website. Radiowalla uses the Registration Data to manage the End-User's use of the Services. Access to Registration Data is reasonably limited to those employees and third-party agents connected with providing the Services through the Website. Except as described in this Agreement, Radiowalla will not disclose any End-User Registration Data outside of Radiowalla without End-User's consent. This privacy policy only applies to the Registration Data provided by End-User to Radiowalla. Radiowalla does not rent or sell Registration Data collected from End-Users, except to provide Services requested by End-User. Radiowalla may set and access Radiowalla cookies on End User'scomputer. As discussed above, End-Users may access and edit their Registration Data at any time.
5. Intellectual Property
End-User acknowledges and agrees that the intellectual property of Radiowalla, including but not limited to, all software, technology, websites, text, graphics, user interfaces, visual interfaces, photographs, trademarks, trade dress, logos, sounds, music, artwork, compilations of content, postings, links to other internet resources, and computer code comprising, incorporated in, appearing on, or used in the Services, together with the design, structure, selection, coordination, expression, look and feel, and arrangement, of all such elements of the Website, are owned by Radiowalla and/or its affiliates and partners, and are protected by applicable intellectual property and other laws, including but not limited to copyright and trademark laws, and that End-User will not use the Services, Website or any element thereof, in any way whatsoever, except in strict compliance with the terms of this Agreement. End-User acknowledges and agrees that End-User's rights with respect to the Services and Website will be limited by copyright and trademark law and End-User agrees to make no use of the Services and/or the Website that would infringe on the copyright or trademarks in the elements thereof.
A number of the trademarks used on the Website and in connection with the Service and its design logo, as well as certain other trademarks, service marks, graphics, and logos are registered trademarks or trademarks of Radiowalla Network Limited, (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 granted any right or license with respect to all or any of the Radiowalla Trademarks or the trademarks of any third party.
6. Warranties, Idemnity
a. End User Warranty
End-User further represents warrants and guarantees that End-User's age is at least eighteen (18) years of age and has full capacity to enter into this Agreement. End-User fully acknowledges that Radiowalla relies upon End User's representation, warranty and guarantee as to capacity to Radiowalla's detriment, as Radiowalla would not enter into this Agreement with End-User and would not allow access to the services contained within the Website unless End-User is at least 18 years of age.
Radiowalla Warranty and Disclaimer
Radiowalla makes no representation, warranty or guarantee, either expressed or implied, that End-User's use of this service will be uninterrupted or error-free, and End-User agrees that from time to time, Radiowalla may remove the Services for an indefinite period of time, or cancel the service at any time, without notice to End-User. Radiowalla does not represent or guarantee that the Services will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion, and Radiowalla disclaims any liability relating thereto. End-User is responsible for backing up End-User's own equipment.
End-User agrees that End-User's use of the Services and the Website is at End-User's sole risk. The Services are provided "as is" and "as available." Radiowalla expressly disclaims any representation, warranty and/or guarantee, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, all of which are expressly disclaimed to the fullest extent permissible under applicable law.
There is no warranty or condition of title, quiet enjoyment, quiet possession, correspondence to description or non-infringement with regard to the Services and/or the Website, to the maximum extent permitted by applicable law, in no event shall Radiowalla or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever, arising out of or in connection with the use or inability to use the Services (including, but not limited to, damages for loss of profits or confidential or other information, for business interruption, for personal injury, for loss of privacy, for failure to meet any duty including of good faith or of reasonable care, for negligence, and for any other pecuniary or other loss whatsoever) arising out of or in any way related to the use of or inability to use the product, the provision of or failure to provide support services, or otherwise under or in connection with any provision of this EULA, even in the event of the fault, tort (including negligence), strict liability, breach of contract or breach of warranty of Radiowalla or any supplier, and even if Radiowalla or any supplier has been advised of the possibility of such damages.
End-User acknowledges and agrees that End-User's submission of information is at End-User's sole risk, and Radiowalla hereby disclaims any and all liability to End-User for any loss or liability relating to such information in any way.
Radiowalla makes no warranty that any particular software, equipment orother device or service or system will be compatible with the Services and the Website or that any software, equipment or other device or system using the Services will function in any manner. It is End-User's sole responsibility to ensure that End-User's software, equipment and other devices and system(s) will function correctly with the Services.
b. Defense, Indemnity and Hold Harmless
By using the Services, End-User agrees to defend, indemnify and hold harmless Radiowalla, its directors, officers, employees, affiliates, agents, contractors and licensors with respect to any claims arising out of End-User's breach of this Agreement, End-User's use of the Website, or any action taken by Radiowalla as part of its investigation of a suspected violation of this Agreement or as a result of its finding or decision that a violation of this Agreement has occurred. End-User agrees and acknowledges that End-User cannot sue or recover any damages from Radiowalla, its directors, officers, employees, affiliates, agents, contractors, and licensors as a result of its decision to remove or refuse to process any information, to warn End-User of suspension or terminating End-User's access to the Website, or Services provided thereon, or to take any other action during the investigation of a suspected violation or as a result of Radiowalla's conclusion that a violation of this Agreement has occurred.
7. WAIVER AS TO THIRD-PARTY CONTENT, MATERIAL AND LINKS
Radiowalla thereby disclaims any representations, warranty or guarantee regarding the content, products, services, third-party links, available or provided via the Website and through the Services by third-parties. Any use of the third-party content, products, services links by End-User is done at End-User's sole risk, and Radiowalla shall not be responsible or held liable of such use by End-User. Radiowalla does not verify and disclaims any endorsement of any and all third-party content, products, services or links. End-User expressly agrees that Radiowalla will not be responsible or liable for any use by End-User of any content, products, services, third-party links, available or provided via the Website by third-parties.
8. Explicit Content
End-User acknowledges that certain content on the Website and in the Services may contain explicit content which may be deemed offensive, indecent, and/or objectionable. End-User agrees that use of the Website and/or Services is at End-User's sole risk, and that Radiowalla shall have no liability or responsibility to End-User, its family members, agents and/or representatives for any content or material, including explicit content, that may be available in connection with the Website and/or Services that End-User may find objectionable.
9. MISCELLANEOUS TERMS
a. Assignability
Radiowalla may assign this Agreement to any entity to which it transfers all or substantially all of its ownership interest, whether through merger, acquisition or sale of assets. Otherwise, neither party may assign, voluntarily, by operation of law, or otherwise, this Agreement without the other party's prior written consent, and any attempt to do so without that prior written consent is void. This Agreement will bind and inure to the benefit of the Parties and their respective successors and permitted assigns.
b. Jurisdiction and Governing Law
Any action arising out of or in any manner affecting the interpretation, validity, operation and construction of this EULA, whether under this EULA or otherwise shall be governed solely by, and construed solely in accordance with, the laws of the Republic of India. As to any dispute, you hereby unconditionally and irrevocably consent to the exclusive jurisdiction of the Courts in Bangalore, India.
End-User acknowledges and agrees that any unauthorized use of the Website (including all elements thereof) or the Services, or any related software or materials, would result in irreparable harm and injury to Radiowalla and/or its affiliates or licensors for which money damages would be inadequate, and in such event, Radiowalla and/or its affiliates or licensors, or the owners of the copyright in any content available through the Services, as applicable, has the right, in addition to other remedies available at law and in equity, to immediate injunctive relief against End-User. Nothing contained in this paragraph or elsewhere in this Agreement shall be construed to limit remedies and relief available pursuant to statutory or other claims that Radiowalla, its affiliates and/or licensors may have under separate legal authority, including but not limited to, any claims for intellectual property infringement.
c. Successors
The provisions of this Agreement shall be binding upon and shall inure to the benefit of the parties hereto, their heirs, administrators, successors and assigns.
d. Waiver/Severability
No waiver of either party of any default shall be deemed as a waiver of prior or subsequent default of the same or other provisions of this Agreement. If any term, clause of provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from the Agreement.
e. Notices Between the Parties
Any notice required to be given pursuant to this Agreement shall be in writing and delivered by either (i) email; (ii) by facsimile transmission, or (iii) by certified or registered mail, return receipt requested, five days after deposit in the mail. Either party may change the address to which notice or payment is to be sent by written notice to the other in accordance with the provisions of this paragraph.
f. No Joint Ventures
The relationship between Radiowalla and the End-User is that of independent contractors, and nothing herein shall be construed as creating an employment, partnership, association, agency or a joint venture between them. Neither Party shall have the right to bind the other Party to any obligation or liability whatsoever.
g. Entire Agreement/Modification
This Agreement constitutes the entire understanding between the parties, and supersedes all prior agreements, understandings, proposals, and/or discussion, whether written or oral, between the parties on this subject matter. This Agreement may be modified at any time, within Radiowalla's sole discretion. Notice of modifications to this Agreement may be provided by email. Also, notice of modification may be posted to the Website.
Modification shall be become effective immediately. End-User's continued use of the Website evidences End-User's acceptance of and consent to the modifications. End-User should review this Agreement, as contained on the Website frequently so as to be aware of the most current rights and obligations that apply to End-User.
h. Headings
The paragraph headings used in this Agreement are for convenience only and shall not be used in any way to interpret, construe, or govern this Agreement.
i. Counterparts
This Agreement may be executed in two or more counterparts, and all counterparts thus executed shall constitute one binding agreement.
j. No Third Party Beneficiaries
This Agreement is for the sole benefit of the parties hereto and their authorised successors and permitted assigns. Nothing herein, express or implied, is intended to or shall confer upon any person or entity, other than the parties hereto and their authorized successors and permitted assigns, any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of this Agreement.
k. Force Majeure
For the purpose this Agreement, "Force Majeure" means any event which a party hereto could not foresee, such as fire, flood, acts of God or public enemy, Internet failures, earthquakes, governmental or court orders, national emergency, strikes or labor disputes, the effect of which it could not reasonably prevent or predict and which renders impossible or impractical the performance of contractual obligations either totally or in part. The party invoking a Force Majeure shall notify the other party within three (3) business days of its occurrence by accurately describing all the circumstances of the situation involved and its effect upon the performance of its contractual obligations. Taking place of a Force Majeure shall have the effect of suspending the obligations of the party which has invoked the provisions of this Section to the extent such obligations are affected by the Force Majeure. Contractual dates shall be extended for a period equal to the duration of a Force Majeure. The cessation of a Force Majeure shall be communicated by notice within three (3) business days of its occurrence by the party that invoked it.
l. Unsolicited Work
Radiowalla will not accept any unsolicited creative submissions. Neither End-User nor anyone else is authorised to send unsolicited creative submissions; which includes, but not limited to: original creative ideas, suggestions, content or materials. Furthermore, Radiowalla disclaims any obligation to respond to any unsolicited creative submissions. Any unsolicited creative submission received by Radiowalla will become the property of Radiowalla, including all derivative works, adaptations, translations or copies, worldwide, without any restrictions or obligations on use or disclosure.
m. General
End User agrees that this is the complete agreement concerning this EULA You assume full responsibility for the legal and responsible use of the Software. Should any provision of this EULA be declared unenforceable, then such provision shall be deemed to be severable from this EULA and shall not affect the remainder hereof. All rights in the Software not specifically granted in this License are reserved by Radiowalla.