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General
This Agreement, sets forth the terms and conditions that apply to use of this site
(www.radiohigh927fm.com), by a Subscriber.
"Subscriber" means each person who establishes or accesses a connection ("Account")
for access to and use of the Radio High Site.
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Restrictions on use
This Radio High Site is owned and operated by Syntech Informatics Pvt. Ltd("the
Company") and contains material which is derived in whole or in part from material
supplied by the Company, various new agencies and other sources, and is protected
by international copyright and trademark laws. The restrictions on use of the material
and content on this Radio High Site by the Subscriber are specified below. . Except
where specifically authorised, the Subscriber may not modify, copy, reproduce, republish,
upload, post, transmit or distribute in any way any material from this site including
code and software.
By using the Radio High site Site (other than to read this Agreement for the first
time), Subscriber agrees to comply with all of the terms and conditions hereof.
The right to use the Radio High Site is personal to Subscriber and is not transferable
to any other person or entity. Subscriber is responsible for all use of Subscriber's
Account (under any screen name or password) and for ensuring that all use of Subscriber's
Account complies fully with the provisions of this Agreement. Subscriber shall be
responsible for protecting the confidentiality of Subscriber's password(s), if any.
The Company shall have the right at any time to change or discontinue any aspect
or feature of Radio High Site, including, but not limited to, content, hours of
availability and equipment needed for access or use.
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Changed Terms
The Compsany shall have the right at any time to change or modify the terms and
conditions applicable to Subscriber's use of the Radio High Site, or any part thereof,
or to impose new conditions, including but not limited to, adding fees and charges
for use. Such changes, modifications, additions or deletions shall be effective
immediately upon notice thereof, which may be given by means including but not limited
to, posting on the Radio High Site, or by electronic or conventional mail, or by
any other means by which Subscriber obtains notice thereof. Any use of the Radio
High Site by Subscriber after such notice shall be deemed to constitute acceptance
by Subscriber of such changes, modifications or additions.
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Equipment
Subscriber shall be responsible for obtaining and maintaining all telephone, computer
hardware and other equipment needed for access to and use of the Radio High Site
and all charges related thereto.
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Subscriber Conduct
Subscriber shall use the Radio High Site for lawful purposes only. Subscriber shall
not post or transmit through the Radio High Site any material which violates or
infringes in any way upon the rights of others, which is unlawful, threatening,
abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane
or otherwise objectionable, which encourages conduct that would constitute a criminal
offence, give right to civil liability or otherwise violate any law, or which, without
the Company's express prior approval, contains advertising or any solicitation with
respect to products or services. Any conduct by a Subscriber that in the Company's
discretion restricts or inhibits any other Subscriber from using or enjoying Radio
High Site will not be permitted. Subscriber shall not use Radio High Site to advertise
or perform any commercial solicitation, including, but not limited to, the solicitation
of users to become subscribers of other on-line information services competitive
with the Radio High Site. Radio High Site contains copyrighted material, trademarks
and other proprietary information, including, but not limited to, text, software,
photos, video, graphics, music or sound, and the entire contents of Radio High Site
are copyrighted as a collective or severable work under applicable copyright laws.
The Company and/or its affiliates own or have acquired a copyright in the selection,
coordination, arrangement and enhancement of such content, as well as in the content
original to it. Subscriber may not modify, publish, transmit, participate in the
transfer or sale, create derivative works, or in any way exploit, any of the content,
in whole or in part. Subscriber may download copyrighted material for Subscriber's
personal use only. Except as otherwise expressly permitted under copyright law,
no copying, redistribution, retransmission, publication or commercial exploitation
of downloaded material will be permitted without the express permission of the Company
and the copyright owner. In the event of any permitted copying, redistribution or
publication of copyrighted material, no changes in or deletion of author attribution,
trademark legend or copyright notice shall be made. Subscriber acknowledges that
it does not acquire any ownership rights by downloading copyrighted material.
Subscriber shall not upload, post or otherwise make available on the Radio High
Site any material protected by copyright, trademark or other proprietary right without
the express permission of the owner of the copyright, trademark or other proprietary
right and the burden of determining that any material is not protected by copyright
rests with Subscriber. Subscriber shall be solely liable for any damage resulting
from any infringement of copyrights, proprietary rights, or any other harm resulting
from such a submission. By submitting material to any public area of Radio High
Site, Subscriber automatically grants, or warrants that the owner of such material
has expressly granted the Company the royalty fee, perpetual, irrevocable, non-exclusive
right and license to use, reproduce, modify, adapt, publish, translate and distribute
such material (in whole or in part) worldwide and/or to incorporate it in other
works in any form, media or technology now known or hereafter developed for the
full term of any copyright that may exist in such material. Subscriber also permits
any other Subscriber to access, view, store or reproduce the material for that Subscriber's
personal use. Subscriber hereby grants the Company the right to edit, copy, publish
and distribute any material made available on Radio High Site by Subscriber.
The foregoing provisions are for the benefit of the Company, its subsidiaries, affiliates
and its third party content providers and licensors and each shall have the right
to assert and enforce such provisions directly or on its own behalf.
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Disclaimer of Warranty: Limitation of Liability
Subscriber expressly agrees that use of Radio High Site is at Subscriber's sole
risk. Neither the Company, its affiliates nor any of their respective employees,
agents, third party content providers or licensors warrant that Radio High Site
will be uninterrupted or error free; nor do they make any warranty as to the results
that may be obtained from use of Radio High Site, or as to the accuracy, reliability
or content of any information, service, or merchandise provided through Radio High
Site.
Radio High Site is provided on an "As Is" basis without warranties of any kind,
either express or implied, including, but not limited to, warranties of title or
implied warranties of merchantability or fitness for a particular purpose, other
than those warranties which are implied by and incapable of exclusion, restriction
or modification under the laws applicable to this agreement.
This disclaimer of liability applies to any damages or injury, caused by any failure
of performance, error, omission, interruption, deletion, defect, delay in operation
or transmission, computer virus, communication line failure, theft or destruction
or unauthorized access to, alteration of, or use of record, whether for breach of
contract, tortious behavior, negligence, or under any other cause of action. Subscriber
specifically acknowledges that the Company is not liable for the defamatory, offensive
or illegal conduct of other subscribers or third-parties in cases including but
not limited to any interactive communication on or through the site and that the
risk of injury from the foregoing rests entirely with subscriber(s).
In no event will the Company, or any person or entity involved in creating, producing
or distributing Radio High Site or the Radio High Site software, be liable for any
damages, including, without limitation, direct, indirect, incidental, special, consequential
or punitive damages arising out of the use of or inability to use Radio High Site.
Subscriber hereby acknowledges that the provisions of this section shall apply to
all content on Radio High Site.
In addition to the terms set forth above neither, the Company, not its affiliates,
information providers or content partners shall be liable regardless of the cause
or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness
or unauthenticity of, the information contained within Radio High Site, or for any
delay or interruption in the transmission thereof to the user, or for any claims
or losses arising therefrom or occasioned thereby. None of the foregoing parties
shall be liable for any third-party claims or losses of any nature, including, but
not limited to, lost profits, punitive or consequential damages. Prior to the execution
of a stock trade, subscribers are advised to consult with your broker or other financial
representative to verify pricing or other information. The Company, its affiliates,
information providers or content partners shall have no liability for investment
decisions based on the information provided. Neither, the Company, nor its affiliates,
information providers or content partners warrant or guarantee the timeliness, sequence,
accuracy or completeness of this information.
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ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS
OBTAINED FROM THE USE OF THE INFORMATION |
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Monitoring
The Company shall have the right, but not the obligation, to monitor the content
of Radio High Site, all interactive communication including but not limited to chat
rooms and forums, to determine compliance with this Agreement and any operating
rules established by the Company and to satisfy any law, regulation or authorized
government request. The Company shall have the right in its sole discretion to edit,
refuse to post or remove any material submitted to or posted on Radio High Site.
Without limiting the foregoing, the Company shall have the right to remove any material
that the Company, in its sole discretion, finds to be in violation of the provisions
hereof or otherwise objectionable.
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Indemnification
Subscriber agrees to defend, indemnify and hold harmless the Company, its affiliates
and their respective directors, officers, employees and agents from and against
all claims and expenses, including attorney's fees, arising out of the use of Radio
High Site by Subscriber or Subscriber's Account.
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Termination
Either the Company or Subscriber may terminate this Agreement at any time. Without
limiting the foregoing, the Company shall have the right to immediately terminate
Subscriber's Account in the event of any conduct by Subscriber which the Company,
in its sole discretion, considers to be unacceptable, or in the event of any breach
by Subscriber of this Agreement.
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Trademarks
Any trademarks and trade names being shown or used on the site are the property
of their respective owners.
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Third Party Content
The Company is a distributor (and not a publisher) of content supplied by third
parties and Subscribers. Accordingly, the Company has no more editorial control
over such content than does a public library, bookstore, or newsstand. Any opinions,
advice, statements, services, offers, or other information or content expressed
or made available by third parties, including information providers, Subscribers
or any other user of Radio High Site, are those of the respective author(s) or distributor(s)
and not of the Company. Neither the Company nor any third-party provider of information
guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability
or fitness for any particular purpose.
In many instances, the content available through Radio High Site represents the
opinions and judgment of the respective information provider, Subscriber, or other
user not under contract with the Company. The Company neither endorses nor is responsible
for the accuracy or reliability of any opinion, advice or statement made on Radio
High Site by anyone other than authorized the Company employee spokespersons while
acting in their official capacities. Under no circumstances will the Company be
liable for any loss or damage caused by a Subscriber's reliance on information obtained
through the Radio High Site. It is the responsibility of Subscriber to evaluate
the accuracy, completeness or usefulness of any information, opinion, advice or
other content available through Radio High Site. Please seek the advice of professionals,
as appropriate, regarding the evaluation of any specific information, opinion, advice
or other content.
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Miscellaneous
This Agreement and any operating rules for Radio High Site established by the Company
constitute the entire agreement of the parties with respect to the subject matter
hereof, and supersede all previous written or oral agreements between the parties
with respect to such subject matter. This Agreement shall be construed in accordance
with the laws of India and courts in Kolkata shall have the exclusive jurisdiction
to entertain and try any dispute arising out of or in relation to this Contract.
No waiver by either party of any breach or default hereunder shall be deemed to
be a waiver of any preceding or subsequent breach or default. The section headings
used herein are for convenience only and shall not be given any legal import.
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Disclaimer
The Company has provided or may provide links and pointers to Internet sites maintained
by third parties. Neither the Company, its parent or subsidiary companies nor their
affiliates operate or control in any respect any information, products or services
on these third-party sites. The materials in this Radio High Site and the third-party
sites are provided "as is" and without warranties of any kind, either express or
implied. To the fullest extent permissible pursuant to applicable law, the Company
disclaims all warranties, express or implied, including, but not limited to, implied
warranties of merchantability and fitness for a particular purpose. The Company
does not warrant that the functions contained in the materials will be uninterrupted
or error-free, that defects will be corrected, or that this site, including Bulletin
Boards, or the server that makes it available, are free of viruses or other harmful
components. The Company does not warrant or make any representations regarding the
use or the results of the use of the materials in this site or in third-party sites
in terms of their correctness, accuracy, timeliness, reliability or otherwise. Subscriber
(and not the Company) assume the entire cost of all necessary maintenance, repair
or correction.
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Bulletin Boards / Message Boards
This service may include bulletin boards and chat rooms ("bulletin boards") which
allow feedback to the Company and real-time interaction between users. The Company
does not control the messages, information or files delivered to bulletin boards.
It is a condition of your use of the bulletin boards and this Radio High site that
you do not: restrict or inhibit any other user from using and enjoying the bulletin
boards. post or transmit any unlawful, threatening, abusive, libelous, defamatory,
obscene, vulgar, pornographic, profane or indecent information of any kind, including
without limitation any transmissions constituting or encouraging conduct that would
constitute a criminal offence, give rise to civil liability or otherwise violate
any local, state, national or international law. post or transmit any information,
software or other material which violates or infringes upon the rights of others,
including material which is an invasion of privacy or publicity rights or which
is protected by copyright, trademark or other proprietary right, or derivative works
with respect thereto, without first obtaining permission from the owner or right
holder. post or transmit any information, software or other material which contains
a virus or other harmful component. post, transmit or in any way exploit any information,
software or other material for commercial purposes, or which contains advertising.
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Privacy
The Company Web-site ("Site") is maintained by:
We can be reached by e-mail at feedback@radiohigh927fm.com
Any personal information identifying any visitor to the Radio High Site or Subscriber
("Personal Information") if required, is asked for explicitly in the relevant page
on the Radio High Site. Personal Information is used to operate the Radio High Site,
and we may occasionally inform you of new features, services, and products from
the Company.
We may place a text file called a "cookie" in the browser files of your computer.
The cookie itself does not contain Personal Information although it will enable
the Site to relate your use of the Site to information that you have specifically
and knowingly provided to the Radio High Site.
If at any time you believe this Radio High Site has not adhered to these principles,
please notify us by e-mail to feedback@radiohigh927fm.com
and we will use all commercially reasonable efforts to promptly determine and correct
the problem.
If you have questions about this policy, please e-mail us at
feedback@radiohigh927fm.com
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