These Terms of Service and End User License Agreement (“Agreement”) explains the terms and conditions that apply to your use of the RADIO-MIRCHI Service (as defined below) and constitutes a legally binding agreement between you and RADIO-MIRCHI, a registered radio station in the United Arab Emirates operated by Abu Dhabi Media Company (“RADIO-MIRCHI”, “we”, “us” or “our”). Abu Dhabi Media Company assumes all rights of RADIO-MIRCHI under this Agreement.
By accepting this Agreement, using the RADIO-MIRCHI Service, or Posting any of Your Content (as defined below) through the RADIO-MIRCHI Service, you acknowledge that you have read, understood, and agree to be bound by this entire Agreement. This Agreement is a legal agreement between you and RADIO-MIRCHI and the terms hereof apply to you whether you are a registered user, a visitor just browsing the Site (as defined below) or a user or visitor using the Applications (as defined below). If you do not agree with this Agreement in its entirety, you must not accept this agreement and may not use the RADIO-MIRCHI Service.
NOTE TO CHILDREN UNDER 13 YEARS OF AGE: THE RADIO-MIRCHI SERVICE IS NOT FOR PERSONS UNDER THE AGE OF 13. If you are under 13 years of age, then you are not permitted to use the Service.
We may at our discretion change the terms of this Agreement at any time and will post a copy of the amended Agreement on the Site and on the Applications. We will also update the “Last Updated” date in any such amended Agreement. Such changes shall be effective upon posting by us, and if you use the RADIO-MIRCHI Service after that date, your use will constitute acceptance of the revised terms and conditions. However, no revisions to this Agreement will apply to any dispute between you and RADIO-MIRCHI that arose prior to the date of such revision. If you do not agree to, or cannot comply with this Agreement, as amended, then you must stop using the RADIO-MIRCHI Service and cancel your RADIO-MIRCHI account(s). We encourage you to check the RADIO-MIRCHI policies on the Applications or Site frequently.
We occasionally may have a need to communicate with you. You hereby authorize RADIO-MIRCHI to communicate with you via e-mail for any matter related to the RADIO-MIRCHI Service or this Agreement, including, but not limited to, promotional opportunities available on, through or related to the RADIO-MIRCHI Service. With respect to promotional opportunities and certain other communications, you will be given the opportunity to opt out of receiving such communications, however, you hereby grant RADIO-MIRCHI permission to communicate with you via e-mail about your use of the RADIO-MIRCHI Service, changes to this Agreement, or your rights and obligations under this Agreement.
The “RADIO-MIRCHI Service” consists of: (a) our index of radio stations designed to simplify finding radio programming from broadcast or radio sources (the “RADIO-MIRCHI Guide”), whether available through our website located at www.RADIOMIRCHIAE.ae (the “Site”) or through any software applications made available for mobile devices (“Guide Applications”); (b) our platform for content streaming that enables receiving of live and recorded audio content, whether available through the Site or through any software applications made available for mobile devices (the “Radio-Mirchi Applications”) and collectively with the Guide Applications, the “Applications”); (c) all software (including the Software, as defined below), data, text, images, sounds, video, graphics and photos made available by RADIO-MIRCHI through any of the foregoing (collectively referred to as the “Content”), and (e) any updates, new versions, new releases, additional features and functionality that RADIO-MIRCHI may offer in connection with the foregoing.
We offer portions of the RADIO-MIRCHI Service to you for free. You understand and agree that this Agreement is entered into in consideration of your use of the RADIO-MIRCHI Service pursuant to these terms and for other good and valuable consideration, the receipt and sufficiency of which you hereby acknowledge.
RADIO-MIRCHI may at its discretion and from time to time change, add or remove features and functionality of the RADIO-MIRCHI Service without notice. RADIO-MIRCHI reserves the right to discontinue some or all of the features of the RADIO-MIRCHI Service at any time at its discretion (including the provision of updates). Additionally, a given RADIO-MIRCHI subscription may support different features and functionality, and RADIO-MIRCHI is under no obligation to provide all features and functionality with your subscription. You agree that RADIO-MIRCHI shall not be liable to you or to any third
party for any modification, suspension or discontinuance of the RADIO-MIRCHI Service. If you are dissatisfied with any changes to the RADIO-MIRCHI Service, then your sole option is to discontinue use of the RADIO-MIRCHI Service.
RADIO-MIRCHI reserves the right to reject or revoke at any time the right of any user to use any name as part of a user name on the RADIO-MIRCHI Service, without any liability to you. RADIO-MIRCHI may choose to limit user registrations to those whose name and identity can be easily verified, as it may determine in its sole discretion. RADIO-MIRCHI will suspend your account if you are suspected of impersonating anyone on the Service.
You agree you will not allow others to access or use your account. You agree to notify us immediately of any unauthorized use of your account. RADIO-MIRCHI will not be responsible or liable for any losses or damages that you may incur as a result of the unauthorized use of your user name, password and/or account, either with or without your knowledge, prior to your notifying us of any unauthorized use of your account.
The RADIO-MIRCHI Service is provided only for your personal, non-commercial use. You may not transfer the RADIO-MIRCHI Service to a third party.
You agree you will not:
sublicense, resell, rent, lease, transfer, assign, time share or otherwise commercially exploit or make the RADIO-MIRCHI Service available to any third party, in whole or in part;
use the RADIO-MIRCHI Service in any unlawful manner (including without limitation in violation of any data, privacy or export control laws) or in any manner that interferes with or disrupts the integrity or performance of the RADIO-MIRCHI Service or its components;
modify, adapt, circumvent or hack the RADIO-MIRCHI Service to, or otherwise attempt to gain unauthorized access to the RADIO-MIRCHI Service or its related systems or networks;
use the RADIO-MIRCHI Service in any way that violates this Agreement;
collect or store personal data about other users without their express permission; or
encourage or instruct any other individual to do any of the foregoing or to violate this Agreement.
You agree you will comply with any codes of conduct, policies or other notices RADIO-MIRCHI provides you or publishes in connection with the RADIO-MIRCHI Service, and you shall promptly notify RADIO-MIRCHI if you learn of a security breach related to the RADIO-MIRCHI Service. You agree and warrant that you will comply with all laws, rules and regulations in connection with your use of the RADIO-MIRCHI Service (including, but not limited to, traffic laws and rules when using the RADIO-MIRCHI Service in a vehicle), and you will not use the RADIO-MIRCHI Service in any manner that violates such laws, rules or regulations.
The RADIO-MIRCHI Service includes certain services that are available via a mobile device, including (i) the ability to browse the RADIO-MIRCHI Service from a mobile device and (ii) the ability to access certain features of the RADIO-MIRCHI Service through applications downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the RADIO-MIRCHI Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply, and you acknowledge that you are solely responsible for all such fees and charges. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services
may work with all carriers or devices.
In addition, you will be responsible for providing any other the equipment, hardware, software and services necessary to use the RADIO-MIRCHI Service.
To the extent the RADIO-MIRCHI Service or any portion thereof is made available for any fee, you may be required to select a payment plan and to provide RADIO-MIRCHI information regarding your credit card or other payment instrument. You represent and warrant to RADIO-MIRCHI that such information is true and that you are authorized to use your credit card or other payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay RADIO-MIRCHI the fees specified in any payment plan you select. We reserve the right to change RADIO-MIRCHI’s prices. If RADIO-MIRCHI does change prices, RADIO-MIRCHI will provide notice or publish the change on the applicable Application, the Site or in an email to you, at RADIO-MIRCHI’s option. Your continued use of the RADIO-MIRCHI Service after the price change becomes effective constitutes your agreement to pay the changed amount. All fees are payable in AED (United Arab Emirates Dirham).
If your credit card or other payment instrument is invalid, if charges billed to your credit card or other payment instrument are declined or not paid or if you fail to pay charges for a fee-bearing version of the RADIO-MIRCHI Service when due, your account may be downgraded, suspended or cancelled, at RADIO-MIRCHI’s discretion. If your account is suspended, RADIO-MIRCHI may, but is not obligated to, maintain your account and/or related content and information, in order to allow you to pay the past-due charges and restore your account. If the charges are not paid, your account may be cancelled.
All fees are non-refundable and non-transferable except as expressly provided in this Agreement. You will be responsible for, and will promptly pay, all taxes and duties of any kind (including but not limited to sales, use and withholding taxes) associated with your access to the fee-bearing service. There is no prorated refund or any fees upon any termination or cancellation. You agree to immediately pay any amounts accrued, but unpaid, as of termination of your account, if any.
You acknowledge and agree that all Content provided by RADIO-MIRCHI are copyrighted materials of RADIO-MIRCHI, are protected by the copyright laws and Regulations of the United Arab Emirates and other applicable laws, and may not be reproduced, used to prepare derivative works, distributed, performed publicly or displayed publicly without the written permission of RADIO-MIRCHI, except as permitted by applicable law.
You must be at least 18 years of age to use the RADIO-MIRCHI Service. Children over the age of 13 may use the RADIO-MIRCHI Service only if their parent or legal guardian accepts and agrees to the terms and conditions of this Agreement on their behalf and thereby assumes full responsibility for the child’s use of the RADIO-MIRCHI Service. By using the RADIO-MIRCHI Service, you affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement. In any case, you affirm that you are over the age of 13, as the RADIO-MIRCHI Service is not intended for children under the age of 13.
“Your Content” means, collectively, the graphics, images, photos, sound recordings, musical works, data, information, feedback, ideas, comments, suggestions, text, content and other materials that you Post in connection with or relating to the RADIO-MIRCHI Service.
You agree to not use the RADIO-MIRCHI Service to post, email or otherwise transmit or provide links to any content that:
is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, deceptive, inciting of unlawful action, invasive of another‘s privacy, hateful racially or ethnically, constitutes hate speech or is otherwise objectionable; poses or creates a privacy or security risk to any person or entity; contains unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, “pyramid schemes” or any other form of solicitation; infringes any intellectual property or other proprietary rights of any party, including the rights of privacy and publicity; you do not have the lawful right to Use (as defined below) or authorize RADIO-MIRCHI to Use (including any content that would violate any confidentiality or fiduciary obligations that you might have with respect to such content); you do not have the consent or permission of each identifiable person in Your Content
to use the name, voice, signature, photograph or likeness of each such person (to the extent each is implicated in Your Content) and such consent or permission is necessary; misrepresents who you are or misrepresents your affiliation with another person or entity if the intent is to mislead, deceive or defraud others; contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; restrict, discourage or inhibit any person from using the RADIO-MIRCHI Service, disclose personal information about a third person on the RADIO-MIRCHI Service or obtained from the RADIO-MIRCHI Service without the consent of such person, or collect information about users of the RADIO-MIRCHI Service not otherwise provided herein; alter, deface, mutilate or otherwise bypass any approved software through which the RADIO-MIRCHI Service is made available; using any trademarks, service marks, design marks, logos, photographs or other content belonging to RADIO-MIRCHI or obtained from the RADIO-MIRCHI Service; use any scraper, spider, robot or other automated means of any kind to access the RADIO-MIRCHI Service, except and solely to the extent permitted by this Agreement and the features of the RADIO-MIRCHI Service, deep-link to any feature or content on the RADIO-MIRCHI Service, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the RADIO-MIRCHI Service; violate any applicable federal, state or local laws or regulations or this Agreement; or assist or permit any persons in engaging in any of the foregoing License Grant. By Posting Your Content on or through the RADIO-MIRCHI Service, you agree to, and hereby do grant RADIO-MIRCHI, a worldwide, non-exclusive, revocable, royalty-free, fully paid, sublicensable and transferable license to use, modify, reproduce, distribute, display, publish, transmit, communicate to the public, make available, broadcast, prepare derivative works based on, publicly perform (including on a through-to-the-audience basis) and otherwise use and exploit (collectively, “Use”) Your Content in connection with the RADIO-MIRCHI Service, including, without limitation, in connection with, or on, any Third Party Sites and platforms where the RADIO-MIRCHI Service is syndicated and to advertise, market and promote the availability of Your Content and the RADIO-MIRCHI Service, in any and all media and distribution channels, whether now known or hereafter developed. For example, RADIO-MIRCHI will have the right to insert, place or include all types of advertisements within or around Your Content, including, without limitation, to running or streaming pre-rolls, mid-rolls, post-rolls, display ads, overlays, banners, campaign and companion ads and any other type of advertising, whether audio, visual, or audiovisual units in connection with Your Content. Notwithstanding the preceding sentences, if you remove any of Your Content using functionalities available through the RADIO-MIRCHI Service, you agree to, and hereby do grant, RADIO-MIRCHI a perpetual and irrevocable license to Use any backup copies of Your Content made by RADIO-MIRCHI in the ordinary course of business; provided that such copies were created prior to your removal of Your Content. You are solely responsible for all of Your Content, and affirm, represent and warrant that you own or have the necessary licenses, rights, consents and permissions to Post Your Content and to grant the foregoing licenses to RADIO-MIRCHI, including any sound recordings (and any musical works embodied therein). You agree to execute and deliver such documents and provide all assistance reasonably requested by RADIO-MIRCHI to give to RADIO-MIRCHI the full benefit of the rights granted to RADIO-MIRCHI by you, including but not limited to, providing evidence of your ownership of, or licenses for you to Use, Your Content. For the avoidance of doubt, the rights granted in this License Grant section include, but are not limited to, the right to reproduce sound recordings (and make mechanical reproductions of the musical works embodied in such sound recordings), publicly perform sound recordings (and the musical works embodied in such sound recordings), and publicly display any lyrics posted by you to the RADIO-MIRCHI Service, all on a royalty free basis, including when Your Content is syndicated and made available through any Third Party Sites. This means that you are granting RADIO-MIRCHI the right to Use Your Content without the obligation to pay any royalties to any sound recording copyright owners (e.g. a record label), a musical work copyright owners (e.g. a music publisher), a musical works performing rights organization (a “PRO”), a sound recording PRO, any unions or guilds, and engineers, producers or other participants involved in the creation of Your Content. You are solely responsible for complying with any obligations you have to provide any third party, including a PRO, with the royalty free license granted in this Agreement.
Requirement that You be an Owner of or Fully Authorized to Grant the Rights to Your Content. If you are not the copyright owner of or are not fully authorized to grant rights in all of the elements of Your Content you intend to upload or transmit to or through the RADIO-MIRCHI Service, then you must not upload Your Content to or through the RADIO-MIRCHI Service. In addition, if you only own the rights in and to a sound
recording, for example, but not to the underlying musical works embodied in such sound recordings, then you must not upload such sound recordings to the RADIO-MIRCHI Service unless you obtain all necessary rights, licenses, authorizations, permissions, and clearances with respect to such embedded musical works that grant you sufficient rights to sublicense to RADIO-MIRCHI according to this Agreement.
Limitations: RADIO-MIRCHI has the right, but not the obligation, to monitor the RADIO-MIRCHI Service, Third Party Content and Your Content, and may remove any of Your Content or any Third Party Content from the RADIO-MIRCHI Service for any reason in its sole discretion at any time, without or without notice and without any liability to you. You acknowledge that RADIO-MIRCHI may establish general practices and limits concerning use of the RADIO-MIRCHI Service, including without limitation the maximum period of time that Your Content or Third Party Content, data or other content will be retained by the RADIO-MIRCHI Service and the maximum storage space that will be allotted on RADIO-MIRCHI’s servers on your behalf. You acknowledge and agree that RADIO-MIRCHI may preserve any content and may also disclose any content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process, applicable laws or government requests; (ii) enforce this Agreement; (iii) respond to claims that any content violates the rights of third parties; or (iv) protect the rights, property, or personal safety of RADIO-MIRCHI, its users and the public. You understand that RADIO-MIRCHI does not guarantee any confidentiality with respect to Your Content and will have no responsibility or liability for Your Content that is deleted from the RADIO-MIRCHI Service.
You may terminate your account(s), this Agreement, and your right to use the RADIO-MIRCHI Service, at any time and for any reason or no reason, by contacting RADIO-MIRCHI Customer Support. Notwithstanding anything to the contrary in this Agreement, RADIO-MIRCHI has the right to immediately suspend or terminate your account(s) at any time for any reason or no reason, with or without notice to you. All of Your Content on the RADIO-MIRCHI Service (if any) may be permanently deleted by RADIO-MIRCHI at any time and for any reason in RADIO-MIRCHI’s sole discretion, with or without notice to you. In addition, RADIO-MIRCHI may notify authorities or take any actions it deems appropriate, without notice to you, if RADIO-MIRCHI suspects or determines, in its own discretion, that you may have or there is a significant risk that you have: (i) failed to comply with any provision of this Agreement or any policies or rules established by RADIO-MIRCHI; or (ii) engaged in actions relating to or in the course of using the RADIO-MIRCHI Service that may be illegal or cause liability, harm, embarrassment, harassment, abuse or disruption for you, RADIO-MIRCHI, the RADIO-MIRCHI Service, the RADIO-MIRCHI Service users or any other third parties.
You may be required to use certain software programs to use or have full access to certain features of the RADIO-MIRCHI Service. Any software that may be made available by RADIO-MIRCHI in connection with the RADIO-MIRCHI Service (“Software”) contains proprietary and confidential information that is protected by applicable intellectual property and other laws.
Subject to your compliance with the terms and conditions of this Agreement, RADIO-MIRCHI hereby grants you a personal, non-transferable, non-sublicensable and non-exclusive right and license to use the object code of any Software on devices solely in connection with your personal non-commercial use of the RADIO-MIRCHI Service, provided that you shall not (and shall not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse
assemble or otherwise attempt to discover any source code or sell, assign, sublicense or otherwise transfer any right in any Software. Your use of the Software is subject to the terms of this Agreement. As between you and RADIO-MIRCHI, RADIO-MIRCHI retains all right, title, and ownership of the Software, RADIO-MIRCHI copyrights and trademarks, and all Content (excluding Your Content and Third Party Content) provided or made available in connection with the RADIO-MIRCHI Service. In the case of any third party software provided to you by RADIO-MIRCHI, the applicable third party retains title to and ownership of its software and intellectual property rights. You acknowledge and agree that the RADIO-MIRCHI Service may contain Third Party Content that is protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by RADIO-MIRCHI, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the RADIO-MIRCHI Service, in whole or in part, except that the foregoing does not apply to Your Content (as defined above) that you legally post to the RADIO-MIRCHI Service in accordance with this Agreement. In connection with your use of the RADIO-MIRCHI Service you shall not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the RADIO-MIRCHI Service other than as specifically authorized herein is strictly prohibited. Any rights not expressly granted herein are reserved by RADIO-MIRCHI.
You agree to defend, indemnify and hold harmless RADIO-MIRCHI, its officers, directors, employees and agents, from and against any and all third party claims, proceedings, injuries, liabilities, losses, costs and expenses (including reasonable attorneys’ fees) relating to or arising out of (i) your breach of any term of this Agreement, (ii) Your Content (including, but not limited to, any claim that Your Content caused damage to a third party or violates any third party right) or (iii) your use, access or misuse of the RADIO-MIRCHI Service. RADIO-MIRCHI shall provide notice to you of any such claim, suit or demand but if RADIO-MIRCHI is unable to communicate with you in a timely manner because of an inactive e-mail address, your indemnification obligation will continue notwithstanding RADIO-MIRCHI’s inability to contact you in a timely manner. RADIO-MIRCHI reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting RADIO-MIRCHI’s defense of such matter. You agree not to settle any matter without the prior written consent of RADIO-MIRCHI.
You represent and warrant to RADIO-MIRCHI that (i) you have full power and authority to enter into this Agreement; (ii) you own all Your Content or have obtained all permissions, releases, rights or licenses required to engage in your posting and other activities (and allow RADIO-MIRCHI to perform its obligations) in connection with the RADIO-MIRCHI Service without obtaining any further releases or consents; (iii) Your Content and other activities in connection with the RADIO-MIRCHI Service, and RADIO-MIRCHI’s exercise of all rights and licenses granted by you herein, do not and will not violate, infringe, or misappropriate any third party’s copyright, trademark, right of privacy or publicity, or other personal or proprietary right, nor does Your Content contain any matter that is defamatory, obscene, unlawful, threatening, abusive, tortious, offensive or harassing; and (iv) the Use of Your Content as authorized in this Agreement will not require RADIO-MIRCHI or any third party sublicensees of RADIO-MIRCHI to obtain any further licenses from or pay any royalties to any third parties for such use.
YOU UNDERSTAND AND AGREE THAT THE RADIO-MIRCHI SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. RADIO-MIRCHI MAKES NO WARRANTY THAT THE RADIO-MIRCHI SERVICE WILL MEET YOUR REQUIREMENTS, ALLOW YOU TO ACCESS ANY PARTICULAR CONTENT, OR THAT YOUR USE OF THE RADIO-MIRCHI SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, VIRUS-FREE OR ERROR-FREE; NOR DOES RADIO-MIRCHI MAKE ANY WARRANTY AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE RADIO-MIRCHI SERVICE (INCLUDING YOUR CONTENT AND THIRD PARTY CONTENT), THAT ANY DEFECTS IN THE RADIO-MIRCHI SERVICE WILL BE CORRECTED OR THAT THE SOFTWARE OR RADIO-MIRCHI SERVICE WILL BE COMPATIBLE WITH ANY OTHER HARDWARE OR SERVICE. RADIO-MIRCHI SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT THE RADIO-MIRCHI SERVICE, THE SOFTWARE, ANY DEVICES YOU USE TO ACCESS THE RADIO-MIRCHI SERVICE, OR OTHER HARDWARE. RADIO-MIRCHI AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE RADIO-MIRCHI SERVICE OR THE SOFTWARE, INCLUDING ANY IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON- INFRINGEMENT OF
THIRD PARTY RIGHTS.
YOU FURTHER UNDERSTAND THAT WHEN USING THE SERVICES, YOU MAY BE EXPOSED TO MESSAGES, USER CONTENT, MERCHANDISE, THIRD PARTY ADVERTISING, AND OTHER CONTENT FROM A VARIETY OF SOURCES, AND THAT RADIO-MIRCHI IS NOT RESPONSIBLE FOR THE ACCURACY, INTEGRITY, QUALITY, LEGALITY, USEFULNESS, SAFETY OR INTELLECTUAL PROPERTY RIGHTS OF OR RELATING THERETO. YOU FURTHER UNDERSTAND AND ACKNOWLEDGE THAT YOU MAY BE EXPOSED TO MESSAGES, USER CONTENT, MERCHANDISE, THIRD PARTY ADVERTISING, AND OTHER CONTENT THAT IS INACCURATE, OFFENSIVE, INDECENT, OR OBJECTIONABLE, AND YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST RADIO-MIRCHI WITH RESPECT THERETO. UNDER NO CIRCUMSTANCES WILL RADIO-MIRCHI BE LIABLE IN ANY WAY FOR OR IN CONNECTION WITH ANY MESSAGES, USER CONTENT, MERCHANDISE, THIRD PARTY ADVERTISING, AND OTHER CONTENT, INCLUDING, BUT NOT LIMITED TO, FOR ANY INACCURACIES, ERRORS OR OMISSIONS, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY OF THE FOREGOING ACCESSIBLE ON OR THROUGH THE RADIO-MIRCHI SERVICE.
YOU ACKNOWLEDGE THAT NO OFFICER, EMPLOYEE, REPRESENTATIVE, OR AGENT OF RADIO-MIRCHI OR ANY OF ITS SUBSIDIARIES HAS ANY AUTHORITY, EXPRESS OR IMPLIED, TO MAKE ANY REPRESENTATIONS, WARRANTIES OR AGREEMENTS NOT SPECIFICALLY SET FORTH IN THESE TERMS AND SUBJECT TO THE LIMITED REMEDIES HEREIN PROVIDED. YOU SPECIFICALLY DISCLAIM THAT YOU ARE RELYING UPON OR HAVE RELIED UPON ANY SUCH OTHER REPRESENTATIONS, ADVICE, OR WARRANTIES, WHETHER ORAL OR WRITTEN, THAT MAY HAVE BEEN MADE BY AN OFFICER, EMPLOYEE, REPRESENTATIVE OR AGENT OF RADIO-MIRCHI, THROUGH THE RADIO-MIRCHI SERVICE OR BY ANY PERSON, AND ACKNOWLEDGE AND AGREE THAT RADIO-MIRCHI HAS SPECIFICALLY DISCLAIMED AND DOES HEREBY SPECIFICALLY DISCLAIM ANY SUCH OTHER REPRESENTATION, ADVICE OR WARRANTY MADE BY AN OFFICER, EMPLOYEE, REPRESENTATIVE OR AGENT OF RADIO-MIRCHI, THROUGH THE RADIO-MIRCHI SERVICE OR ANY PERSON NOT EXPRESSLY STATED HEREIN.
SOME COUNTRIES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHICH MEANS THAT SOME OF THE LIMITATIONS IN THIS AGREEMENT MAY NOT APPLY TO YOU. IN SUCH CASES, YOU AGREE THAT BECAUSE SUCH WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND RADIO-MIRCHI, AND ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND RADIO-MIRCHI IN LIGHT OF RADIO-MIRCHI’S OFFERING MANY OF THE FUNCTIONALITIES OF THE RADIO-MIRCHI SERVICE FOR FREE, RADIO-MIRCHI’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU UNDERSTAND AND AGREE THAT RADIO-MIRCHI WOULD NOT BE ABLE TO OFFER THE RADIO-MIRCHI SERVICE TO YOU ON AN ECONOMICALLY FEASIBLE BASIS WITHOUT THESE LIMITATIONS.
IN NO EVENT AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) WILL RADIO-MIRCHI, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, USE OF USER INFORMATION, LOSS OF DATA, BUSINESS INTERRUPTION, OR OTHER INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES OF ANY NATURE ARISING FROM OR RELATING TO YOUR USE OF THE RADIO-MIRCHI SERVICE, USE OF THE RADIO-MIRCHI SERVICE THROUGH YOUR ACCOUNT BY A THIRD PARTY OR YOUR CONTENT, EVEN IF RADIO-MIRCHI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO CASE WILL RADIO-MIRCHI’S TOTAL CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY, FOR ANY AND ALL CLAIMS UNDER ANY THEORY OF LAW, EXCEED THE LESSER OF (I) THE AGGREGATE AMOUNT YOU PAID TO RADIO-MIRCHI IN THE PRECEDING TWELVE MONTHS OR (II) ONE HUNDRED AED (AED100).
YOU UNDERSTAND THAT THESE LIMITATIONS OF RADIO-MIRCHI AND RADIO-MIRCHI’S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND SUPPLIERS’ LIABILITY ARE A FUNDAMENTAL PART OF THIS AGREEMENT.
This Agreement, including its validity, construction, interpretation and performance shall be governed entirely by the law of the United Arab Emirates. Any dispute, controversy or claim arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, shall be exclusively referred to and finally resolved by the courts of Abu Dhabi – the United Arab Emirates.