Terms & Conditions
In terms of Information Technology Act, 2000, this document is an electronic record. Being generated by a computer system it does not require any physical or digital signatures.
Effective Date: [*]
Last Updated: May 6, 2016
1.2 http://www.redfmindia.com ("Website") is an Internet based portal owned and operated by Digital Radio (Delhi) Broadcasting Limited, a company incorporated under the laws of India, with its registered office at D-45, Sector 2, Gautam Budh Nagar, Noida - 201301, Uttar Pradesh, India . Use of the Website is offered to You conditioned on acceptance of all the terms, conditions and notices contained in these Terms, along with any amendments made by Red FM its sole discretion and posted on the Website, including by way of imposing an additional charge for access to or use of a Service.
2. USER ACCEPTANCE
4.1 The services provided by Red FM on this website consists of:
(a) accessing the website located at http://www.redfmindia.com/
(b) all software (including the Software, as defined below), data, text, images, sounds, video, and content made available through the Website (collectively referred to as the "Content"),
(d) our applications and
(e) any updates, additional features and functionality that Red FM may offer, and
4.2 Red FM may at its discretion and from time to time change, add or remove features and functionality of the Service without notice. Red FM reserves the right to discontinue some or all of the features of the Service at any time at its discretion (including the provision of updates).
4.3 You agree that Red FM shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
5. ELIGIBILITY TO USE
The Services are not available to minors under the age of eighteen (18) or to any Users suspended or removed by Red FM for any reason whatsoever. If You do not conform to the above qualification, You shall not be permitted to avail of the Services or use the Website. You represent that You are of legal age to form a binding contract and are not a person barred from receiving services under the laws as applicable in India. Notwithstanding the foregoing, if You are below the age of eighteen (18) years, You may avail the Services provided by Red FM through Your legal guardian in accordance with the applicable laws.
6.2 Additional terms may apply to your use of the Services. We will provide these terms to you or post them on the Services to which they apply; they are incorporated by reference into these Terms.
6.3 Sweepstakes, contests, and promotions on the Services may also have additional rules and eligibility requirements, such as certain age or geographic area restrictions, and you are responsible for complying with these rules and requirements.
7. REGISTRATION AND ACCESS CONTROLS
7.1 You may be required to make an account on the Website by giving certain user information. You will be responsible for maintaining the confidentiality of the Account Information, and are fully responsible for all activities that occur under Your Account.
7.2 You agree to do the following:
(a) immediately notify Red FM of any unauthorized use of Your Account Information or any other breach of security, and
(b) ensure that You exit from Your Account before closing the Website
(c) Red FM cannot and will not be liable for any loss or damage arising from Your failure to comply with this clause or in the event there is any unauthorized use of Your Account by any third party.
7.3 You may be held liable for losses incurred by Red FM or any other user of or visitor to the Website due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account Information secure and confidential.
7.4 If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Red FM has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Red FM has the right to suspend or terminate Your Account and refuse any and all current or future use of the Website (or any portion thereof).
8. USER SUBMISSIONS AND CODE OF CONDUCT
8.1 Some of the Services may allow you to submit or transmit audio, video, text, or other materials (collectively, "User Submissions") to or through the Services. When you provide User Submissions, you grant to Red FM, its parent, subsidiaries, affiliates, and partners a non-exclusive, worldwide, royalty-free, fully sub licensable license to use, distribute, edit, display, archive, publish, sublicense, perform, reproduce, make available, transmit, broadcast, sell, translate, and create derivative works of those User Submissions, and your name, voice, likeness and other identifying information where part of a User Submission, in any form, media, software, or technology of any kind now known or developed in the future. You hereby waive any moral rights you may have in your User Submissions.
8.2 You are solely responsible for all data, information, feedback, suggestions, text, content and other materials that you upload, post, deliver, provide or otherwise transmit or store.
8.3 You agree to not use the Service to post, email or otherwise transmit or provide links to any User Submission that:
a) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another‘s privacy, hateful racially, ethnically or otherwise objectionable;
b) you do not have a right to transmit under any law or under contractual or fiduciary relationships; poses or creates a privacy or security risk to any person;
c) infringes any intellectual property or other proprietary rights of any party;
d) misrepresents who you are or misrepresents your affiliation with another person or entity if the intent is to mislead, deceive or defraud others;
e) 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; or
f) in the sole judgment of Red FM, is objectionable or which restricts or inhibits any other person from using or enjoying the Red FM Service, or which may expose Red FM or its users to any harm or liability of any type.
8.4 You acknowledge that Red FM may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that Your User Submission, data or other content will be retained by the Service and the maximum storage space that will be allotted. You acknowledge and agree that Red FM may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce this Agreement; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Red FM, its users and the public.
8.5 We may refuse or remove a User Submission without notice to you. However, we have no obligation to monitor User Submissions, and you agree that neither we nor our parent, subsidiaries, affiliates, employees, or agents will be liable for User Submissions or any loss or damage resulting from User Submissions.
8.7 You represent and warrant that you have all rights necessary to grant to Red FM the license above and that none of your User Submissions are defamatory, violate any rights of third parties (including intellectual property rights or rights of publicity or privacy), or violate applicable law in India.
9. THIRD-PARTY CONTENT
10. MOBILE SERVICES AND OTHER REQUIREMENTS
10.1 The Services include certain services that may be available via a mobile device, including:
(i) the ability to browse the Website from a mobile device and
(ii) the ability to access certain features through an application downloaded and installed on a mobile device.
10.2 To the extent you access the Services through a mobile device, your wireless service carrier's standard charges, data rates and other fees may apply. 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.
10.3 In addition, you will be responsible for providing any other the equipment, hardware, software and services necessary to use the Service.
11. USER OBLIGATIONS
11.3 You agree to adhere to all limitations on dissemination, use and reproduction of any materials that You access on the Website.
11.4 You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or User Submission, or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any User Submission, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website.
11.6 By submitting User Submission, You warrant that (1) You are the sole author and owner of the Content; (2) You are at least 18 years old or if You are under the age of 18, You are at least 13 years old and Your submission has been made under the supervision of a parent or legal guardian who agrees to be bound by this Agreement; and (3) use of any content You supply will not violate any term of this Agreement and will not cause injury to any person or entity.
11.7 Further, You undertake not to:
• Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
• Defame, abuse, harass, threaten or otherwise violate the legal rights of others;
• Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer;
• Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information through any bookmark, tag or keyword;
• Upload files that contain software or other material protected by applicable intellectual property laws unless You own or control the rights thereto or have received all necessary consents;
• Engage in any activity that interferes with or disrupts access to the Website or the services (or the servers and networks which are connected to the Website);
• Attempt to gain unauthorized access to any portion or feature of the Website, any other systems or networks connected to the Website, to any Red FM server, or to any of the services offered on or through the Website, by hacking, password mining or any other illegitimate means;
• Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website.
• Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites;
• Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section.
• Use any device or software to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person's use of the Website;
• Conduct or forward surveys, contests, pyramid schemes or chain letters;
• Download any file posted by another user of a service that you know, or reasonably should know, cannot be legally distributed in such manner;
• Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
• Violate any code of conduct or other guidelines, which may be applicable for or to any particular service;
• Violate any applicable laws or regulations for the time being in force within or outside India;
• Reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website.
12. SITE ACCESS; ACCOUNT DELETION
12.1 We may take any of the following actions in our sole discretion at any time and for any reason without giving you prior notice:
· Restrict or terminate your access to the Services;
· Change or discontinue the Services;
· Deactivate your accounts and delete all related information and files in your accounts;
12.3 If you do not agree to these Terms, you should immediately stop using the Services. If you want to delete your account on a Service, please use contact instructions posted on the Service at which you obtained the account. Any User Submissions you made while using the Services will continue to be governed by Section 6 of these Terms.
13. INTELLECTUAL PROPERTY RIGHTS
13.1 The Website and the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music, artwork and computer code (collectively, the "Content") on the Website is owned and controlled by Red FM and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights.
13.2 The trademarks, logos and service marks displayed on the Website ("Marks") are the property of Red FM. You are not permitted to use the Marks without the prior consent of Red FM, the vendor or the third party that may own the Marks.
13.3 Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Red FM owns all intellectual property rights to and into the trademark "Red FM", and the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.
13.4 Except as expressly provided herein, You acknowledge and agree that You shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from Red FM or thirty party owner of such Content.
14. DISCLAIMER OF WARRANTIES & LIABILITY
14.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
14.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RED FM WILL HAVE NO LIABILITY RELATED TO USER CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. RED FM ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT.
14.3 RED FM WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A CONSEQUENCE OF UNAUTHORIZED USE OF YOUR ACCOUNT OR ACCOUNT INFORMATION IN CONNECTION WITH THE WEBSITE OR ANY SERVICES OR MATERIALS, EITHER WITH OR WITHOUT YOUR KNOWLEDGE. RED FM HAS ENDEAVORED TO ENSURE THAT ALL THE INFORMATION ON THE WEBSITE IS CORRECT, BUT RED FM NEITHER WARRANTS NOR MAKES ANY REPRESENTATIONS REGARDING THE QUALITY, ACCURACY OR COMPLETENESS OF ANY DATA, INFORMATION, PRODUCT OR SERVICE. RED FM SHALL NOT BE RESPONSIBLE FOR THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED FUNCTIONALITIES, THE PROVISION OF OR FAILURE TO PROVIDE FUNCTIONALITIES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, FUNCTIONALITIES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. FURTHER, RED FM SHALL NOT BE HELD RESPONSIBLE FOR NON-AVAILABILITY OF THE WEBSITE DURING PERIODIC MAINTENANCE OPERATIONS OR ANY UNPLANNED SUSPENSION OF ACCESS TO THE WEBSITE THAT MAY OCCUR DUE TO TECHNICAL REASONS OR FOR ANY REASON BEYOND RED FM 'S CONTROL. THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS DONE ENTIRELY AT THEIR OWN DISCRETION AND RISK AND THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. RED FM IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERROR LEADING TO AN INVALID COUPON. RED FM ACCEPTS NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES.
15.2 In no event shall Red FM, its officers, directors, employees, partners or suppliers be liable to You, the vendor or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not Red FM has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your use of or access to the Website, services or materials.
15.3 The limitations and exclusions in this section apply to the maximum extent permitted by applicable law.
16.2 You agree that Red FM may, in its sole discretion, and without prior notice, terminate Your access to the Website, for cause, which includes (but is not limited to): (1) requests by law enforcement or other government agencies; (2) a request by You (self-initiated account deletions); (3) discontinuance or material modification of the Website or any service offered on or through the Website; or (4) unexpected technical issues or problems.
- Red FM is required to do so by law (for example, where the provision of the services to You is, or becomes, unlawful);
- The provision of the services to You by Red FM is, in Red FM's opinion, no longer commercially viable;
- Red FM has elected to discontinue, with or without reason, access to the Website, the services (or any part thereof); or
17.3 Red FM may also terminate or suspend all or a portion of Your account or access to the services with or without reason. Except as may be set forth in any Additional Terms applicable to a particular service, termination of Your Account may include: (i) removal of access to all offerings within the Website or with respect to the services; (ii) deletion of Your materials and Account Information, including Your personal information, log-in ID and password, and all related information, files and materials associated with or inside Your Account (or any part thereof); and (iii) barring of further use of the services.
17.4 You agree that all terminations shall be made in Red FM's sole discretion and that Red FM shall not be liable to You or any third party for any termination of Your Account (and accompanying deletion of Your Account Information), or Your access to the Website and services.
If You or Red FM terminates Your use of the Website, Red FM may delete any content or other materials relating to Your use of the Website and Red FM will have no liability to You or any third party for doing so.
18. GOVERNING LAW
19. COPYRIGHT COMPLAINTS
19.1 If you believe that Content on the Services violates your copyright, please send us a notice of the violation using the following contact information:
19.2 Your notice must include:
a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material;
d) information reasonably sufficient to permit us to contact the complaining party;
e) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
19.3 Upon receipt of a notice of claimed infringement that satisfies these requirements (or any statement in conformance with Copyright Act, 1957) we will act expeditiously to remove or disable access to any content that is claimed to be infringing upon the copyright of any person under the laws of India and will terminate the access privileges of those who repeatedly infringe on the copyrights of others. Indian law imposes substantial penalties for falsely submitting a notice of copyright infringement.
20. OTHER LEGAL COMPLAINTS
20.1 If you have a legal complaint regarding the Services other than copyright matters, or wish to receive further information regarding use of the Services, please contact us at [*]. You may also submit comments using the postal address below:
20.2 Your complaint must:
a) identify the material that is claimed to violate your rights or to be the subject of activity that violates your rights and information reasonably sufficient to permit us to locate the material;
b) explain what rights you have and why you believe the material violates your rights; and
c) provide accurate information that we can use to contact you.
You hereby expressly agree to receive communications by way of SMS, e-mails from Red FM relating to services provided through the Website.
A User can unsubscribe/ opt-out from receiving communications from Red FM through SMS and e-mail anytime by:
- Visiting email@example.com to unsubscribe from messages/ SMS; and
- Newsletters sent daily at the registered email address.---by clicking on the unsubscribe option attached at the bottom of newsletter received through e-mail
22. MISCELLANEOUS PROVISIONS
23. FEEDBACK AND INFORMATION
Any feedback You provide to this Website shall be deemed to be non-confidential. Red FM shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, You represent and warrant that (i) Your feedback does not contain confidential or proprietary information of You or of third parties; (ii) Red FM is not under any obligation of confidentiality, express or implied, with respect to the feedback; (iii) Red FM may have something similar to the feedback already under consideration or in development; and (iv) You are not entitled to any compensation or reimbursement of any kind from Red FM for the feedback under any circumstances.