WELCOME TO Red Fm, ONLINE MUSIC PORTAL OPERATED BY ELECTRONIC VENTURES (PRIVATE) LIMITED AND/OR ITS SUBSIDIARY(IES) AND/OR AFFILIATE(S) (COLLECTIVELY REFERRED TO AS THE “COMPANY”).
As we update, improve and expand the Red Fm Services, this policy may change, so please refer back to it periodically. By accessing the website or otherwise using the Red Fm Services, you consent to collection, storage, and use of the personal information you provide (including any changes thereto as provided by you) for any of the services that we offer.
The Company respects the privacy of the users of the Red Fm Services and is committed to reasonably protect it in all respects. The information about the user as collected by the Company is: (a) information supplied by users and (b) information automatically tracked while navigation (collectively referred to as ‘Information’).
A. INFORMATION SUPPLIED BY USERS
To avail certain services on the Red Fm Services, users are required to provide certain personally identifiable information for the registration process which may include:- a) your name, b) email address, c) sex, d) age, e) PIN code , f) credit card or debit card details g) medical records and history h) sexual orientation, i) biometric information, j) password (k) your occupation, interests, and the like etc., and / or your occupation, interests, and the like. The Information as supplied by the users enables us to improve the Red Fm Services and provide you the most user-friendly experience. In some cases/provision of certain service(s) or utility(ies), we may require your contact address as well.
All required information is service dependent and the Company may use the above said user Information to, maintain, protect, and improve the Red Fm Services (including advertising on the Site) and for developing new services. We may also use your email address or other personally identifiable information to send commercial or marketing messages without your consent [with an option to subscribe / unsubscribe (where feasible)]. We may, however, use your email address without further consent for non-marketing or administrative purposes (such as notifying you of major changes, for customer service purposes, billing, etc).
In case you choose to decline to submit personally identifiable information on the Site, we may not be able to provide certain services on the Site to you. We will make reasonable efforts to notify you of the same at the time of opening your account. In any case, we will not be liable and or responsible for the denial of certain services to you for lack of you providing the necessary personal information.
When you register with the Red Fm Services, we contact you from time to time about updating of your personal information to provide the users such features that we believe may benefit / interest you.
B. INFORMATION AUTOMATICALLY TRACKED WHILE NAVIGATION
To improve the responsiveness of the Site for our users, we may use “cookies”, or similar electronic tools to collect information to assign each visitor a unique, random number as a User Identification (User ID) to understand the user’s individual interests using the identified computer. Unless you voluntarily identify yourself (through registration, for example), we will have no way of knowing who you are, even if we assign a cookie to your computer. The only personal information a cookie can contain is information you supply. A cookie cannot read data off your hard drive. Our advertisers may also assign their own cookies to your browser (if you click on their ads), a process that we do not control.
Log File Information
Our web servers automatically collect limited information about your computer’s connection to the Internet, including your IP address, when you visit our Site. Your IP address is a number that lets computers attached to the Internet know where to send you data — such as the web pages you view. We automatically receive and log information from your browser, including your IP address, your computer’s name, your operating system, browser type and version, CPU speed, and connection speed. We may also collect log information from your device, including your location, IP address, your device’s name, device’s serial number or unique identification number (e.g.UDiD on your iOS device), your device operating system, browser type and version, CPU speed, and connection speed etc.
We may use “clear GIFs” (Web Beacons) to track the online usage patterns of our users in an anonymous manner, without personally identifying the user. We may also use clear GIFs in HTML-based emails sent to our users to track which emails are opened by recipients.We use this information to inter-alia deliver our web pages to you upon request, to tailor our Site to the interests of our users, to measure traffic within our Site, to improve the Site quality, functionality and interactivity and let advertisers know the geographic locations from where our visitors come.
Information from other Sources:
We may receive information about you from other sources, add it to our account information and treat it in accordance with this policy. If you provide information to the platform provider or other partner, whom we provide services, your account information and order information may be passed on to us. We may obtain updated contact information from third parties in order to correct our records and fulfil the Services or to communicate with you. V. Demographic and Purchase Information: We may reference other sources of demographic and other information in order to provide you with more targeted communications and promotions. We use Google Analytics, among others, to track the user behaviour on our website. Google Analytics specifically has been enabled to support display advertising to help us gain an understanding of our users’ Demographics and Interests. The reports are anonymous and cannot be associated with any individual personally identifiable information that you may have shared with us. You can opt-out of Google Analytics for Display Advertising and customize Google Display Network ads using the Ads Settings options provided by Google.
LINKS TO THIRD PARTY SITES / AD-SERVERS
When we present information to our advertisers — to help them understand our audience and confirm the value of advertising on our website — it is usually in the form of aggregated statistics on traffic to various pages / content within our Site.
We use third-party advertising companies to serve ads when you visit our Web site. These companies may use information (not including your name, address, email address or telephone number or other personally identifiable information) about your visits to this and other websites in order to provide advertisements about goods and services of interest to you.
We do not provide any personally identifiable information to third party websites / advertisers / ad-servers without your consent.
The Company shares the sensitive personal information with any third party without obtaining the prior consent of the User in the following limited circumstances:
When it is requested or required by law or by any court or governmental agency or authority to disclose, for the purpose of verification of identity, or for the prevention, detection, investigation including cyber incidents, or for prosecution and punishment of offences. These disclosures are made in good faith and belief that such disclosure is reasonably necessary for enforcing these Terms or for complying with the applicable laws and regulations.
The Company may present information to our advertisers – to help them understand our audience and confirm the value of advertising on our website – however it is usually in the form of aggregated statistics on traffic to various pages within our Site.
The Company may share your information regarding your activities on Site or Red Fm Services with third party social websites to populate your social wall that is visible to other people however you will have an option to set your privacy settings, where you can decide what you would like to share or not to share with others.
ACCESSING AND UPDATING PERSONAL INFORMATION
When you use the Red Fm Services Site (or any of its sub sites), we make good faith efforts to provide you, as and when requested by you, with access to your personal information and shall further ensure that any personal information or sensitive personal data or information found to be inaccurate or deficient shall be corrected or amended as feasible, subject to any requirement for such personal information or sensitive personal data or information to be retained by law or for legitimate business purposes. We ask individual users to identify themselves and the information requested to be accessed, corrected or removed before processing such requests, and we may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others, or would be extremely impractical (for instance, requests concerning information residing on backup tapes), or for which access is not otherwise required. In any case, where we provide information access and correction, we perform this service free of charge, except if doing so would require a disproportionate effort. Because of the way we maintain certain services, after you delete your information, residual copies may take a period of time before they are deleted from our active servers and may remain in our backup systems.
We take appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data. These include internal reviews of our data collection, storage and processing practices and security measures, including appropriate encryption and physical security measures to guard against unauthorized access to systems where we store personal data. All information gathered on the Site is securely stored within the Company controlled database. The database is stored on servers secured behind a firewall; access to the servers is password-protected and is strictly limited. However, as effective as our security measures are, no security system is impenetrable. We cannot guarantee the security of our database, nor can we guarantee that information you supply will not be intercepted while being transmitted to us over the Internet. And, of course, any information you include in a posting to the discussion areas is available to anyone with Internet access.
We use third-party advertising companies to serve ads when you visit or use our website, mobile application or services. These companies may use information (not including your name, address, email address or telephone number) about your visits or use to particular website, mobile application or services, in order to provide advertisements about goods and services of interest to you.
UPDATES / CHANGES
QUESTIONS / GRIEVANCE REDRESSAL
In the event you have any grievance relating to the processing of information provided by you, you may contact our Grievance Officer, at email@example.com address:
SKY Media (Private) Limited
No. 136 B,
Nugegoda, Sri Lanka
We request you to please provide the following information in your complaint:-
Identification of the information provided by you
Clear statement as to whether the information is personal information or sensitive personal information
Your address, telephone number or e-mail address.
A statement that you have a good-faith belief that the information has been processed incorrectly or disclosed without authorization, as the case may be
A statement, under penalty of perjury, that the information in the notice is accurate, and that the information being complained about belongs to you.
Terms And Conditions
Terms And Conditions
WELCOME TO Red Fm,ONLINE MUSIC PORTAL OPERATED BY ELECTRONIC VENTURES (PRIVATE) LIMITEDAND/OR ITS SUBSIDIARY(IES) AND/OR AFFILIATE(S) (COLLECTIVELY REFERRED TO AS THE “COMPANY”).
“User” or “You” means any person who access or avail this Site of the Company for the purpose of hosting, publishing, sharing, transacting, displaying or uploading information or views and includes other persons jointly participating in using the Site of the Company.
You agree to register with Company prior to uploading any content and / or comment and any other use or services of this Site and provide your details including but not limited to complete name, age, email address, residential address, contact number.
The Company reserves the right, at its discretion, to change, modify, add, or remove portions of these Terms at any time by posting the amended Terms. Please check these Terms periodically for changes. Your continued use of the Site and related services after the posting of changes constitutes your binding acceptance of such changes. In addition, when using any particular services, you may be subject to any posted guidelines or rules applicable to such services. All such guidelines or rules are hereby incorporated by reference into the Terms.
If you do not agree with the Terms, please do not use this Site or the related services.
2. SERVICE, REGISTRATION AND ACCESS TO USE
The Company via its Site provides its members with access to music over the Internet.
Registration:To register for the Red FmService you may be required to open an account by completing the registration process (i.e. by providing us with current, complete and accurate information as prompted by the applicable registration form). You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. In particular, as a parent or legal guardian, you acknowledge and assume sole responsibility to ensure that content which is meant for mature audiences (i.e, above the age of majority) is not accessed by children. Hence, you may not share your log in credentials with your children. You expressly agree to absolve the Company and/or the Red FmService of any responsibility / liability in this regard.
By registering, you agree to the Terms stated herein and in addition to any other specific terms which shall be posted at an appropriate location of the Site. Each registration is for a single individual user only.
Facebook Connect: You may also register for the Red FmService by using your Facebook username and password. If, however, you are under 18 years of age, you may log in to Red FmService using Facebook Connect and utilize the Red FmService only under the supervision of your parent or legal guardian. Using Facebook Connect allows us to personalize and enhance your experience while using the Red FmService, based on your personal information, profile, likes, and other relevant information. When you use this feature, you expressly consent to information about your activity on the Red FmService (i.e. what you have listened, what you have liked, ratings given by you, etc.) being continuously released and automatically posted on your Facebook account (which has been used to log in) and made available to your friends on Facebook. You may control the information being shared through Facebook Connect by changing your account / privacy settings. Subscription:Your subscription to the Red FmService in a particular geographical territory shall be valid for that territory only and shall not automatically entitle you to access your account from a different geographical territory, unless specifically permitted by the Company. The content on the Site during subscription period is only allowed to be accessed from the Red FmService and is accessible only till subscription is active and in good standing.
Access to use: The Company grants you permission to use the Site subject to the restrictions in these Terms. The Company may terminate permission to use the Site for any conduct that the Company considers to be inappropriate, or for your breach of these Terms.
To access the Red FmService, you will be asked to enter your individual user name and password, as chosen by you during your registration. Therefore, the Company does not permit any of the following: –
Any other person sharing your account and Password;
Any part of the Site being cached in proxy servers and accessed by individuals who have not registered with the Company as users of the Site; or
Access through a single account and Password being made available to multiple users on a network.
If the Company reasonably believes that an account and password is being used / misused in any manner, the Company shall reserve the right to cancel access rights immediately without notice, and block access to all users from that IP address. Furthermore, you shall be entirely responsible for any and all activities that occur under your account. You agree to notify the Company immediately of any unauthorized use of your account or any other breach of security. The Company will not be liable for any loss that you may incur as a result of someone else using your password or account, however, you could be held liable for losses incurred by the Company or another party due to someone else using your account or password.
Availability:The availability of content through Red FmServices will change from time to time. The quality of the music of the streaming may vary from computer to computer, and device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. The Site may be modified, updated, interrupted, suspended or discontinued at any time, for any or no reason, without notice or liability to the Company.
Geographic Limitation:You may listen music through the Red Fm Service only in geographic locations where the Company offers the Red Fm Service. The content that may be available to listen will vary by geographic location. The Company may use technologies to verify your geographic location.
Red Fm Service streaming software:The Red Fm Service streaming software is developed and designed to enable streaming of content from the Red Fm Service through the Red Fm Service ready devices. This software may vary by device and medium, and functionalities may also differ between devices. This software is licensed to you pursuant to these Terms and solely for the purpose of using the Red Fm Service and for no other purpose whatsoever. The Company does not warrant the performance of the software, including its continuing compatibility with Red Fm service. Any unauthorized use of the software is strictly prohibited and Red Fm Service reserves the right to not provide the software (including updates) to you at any time and to discontinue the ability to access the Red FmService through such software at any time, without prior or any notice.
BILLING (If Applicable)–
By signing up for the Red Fm Service, you are expressly agreeing that the Company is authorized to charge you subscription fee as per your selected plan, any other fees for additional services you may purchase, and any applicable taxes in connection with your use of the Red Fm Service through the credit card or other payment method accepted by the Company (“Payment Method”) that you provided during registration. If you want to use a different Payment Method than the one you signed up for during registration, or if there is a change in your credit card validity or expiration date, you may edit your Payment Method information by clicking on your account. If your Payment Method expires and you do not edit your Payment Method information or cancel your account, you authorize us to continue billing, and you will remain responsible for any uncollected amounts.
As used in these Terms, “billing” shall indicate either a charge or debit, as applicable, against your Payment Method. The subscription fee will be billed at the beginning of your subscription and on each subsequent renewal (as per plan chosen by you) thereafter unless and until you cancel your subscription or the account or service is otherwise suspended or discontinued pursuant to these Terms. To see the commencement date for your next renewal period, go to the billing information section on your account page.
In order to sustain the Red FmService, it is important that you honor the payment obligations to which you have agreed. Accordingly, the Company reserves the right to pursue any amounts you fail to pay in connection with the Red Fm Service. You will remain liable to the Company for all such amounts and all costs incurred by the Company in connection with the collection of these amounts, including, without limitation, collection agency fees, reasonable attorneys´ fees, and arbitration or court costs.
You also understand and acknowledge that the Company only facilitates the third party payment gateway for processing of payment. This facility is managed by the third party payment gateway provider and you are required to follow all the terms and conditions of such third party payment gateway provider. You are responsible for the accuracy and authenticity of the information provided by you, including the bank account number/credit card details and the like. You agree and acknowledge that the Company shall not be liable and in no way be held responsible for any losses whatsoever, whether direct, indirect, incidental or consequential, including without limitation any losses due to delay in processing of payment instruction or any credit card fraud.
You can file any complaint related to payment transfer at Site and the same forwarded to the concerned third party payment gateway provider for redress.
You may be offered a free trial period at the start of your membership of Red Fm Service, solely at the discretion of the Company. The duration and the terms of the free trial period shall be at the discretion of the Company and shall be specified during sign up. Free trials may not be combined with any other offer(s). Free trials will not be given in cases of renewal of membership or activation of another account from a physical address and/or email address and/or device which is linked to an already existing account, etc. Billing may automatically commence at the end the free trial period, without prior notice, as per the subscription plan chosen by you, unless you cancel your membership prior to the expiry of the free trial period. It is hence recommended that you keep track of your account, including the date when the free trial period ends.
Once billing commences, we will continue to bill your Payment Method for your membership fee until you cancel. You may cancel your membership at anytime; however, there are no refunds or credits for partially used periods.
3. INTELLECTUAL PROPERTY RIGHTS AND LIMITED LICENSE
Limited License: Subject to your compliance with the Terms herein, the Company hereby grants you a personal, limited, non-exclusive, non-transferable, freely revocable license to use the Red FmService for the personal and non-commercial viewing/listening to of videos/audio only. Except for the foregoing limited license, no right, title or interest shall be transferred to you. Content on the Site and/or Red Fm Service is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. We reserve all rights not expressly granted in and to the Site and/or Red FmService and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein. Any unauthorized use of the Contents or Red Fm Service will result in termination of the limited license granted by the Company and cancellation of your membership. Use of Site or Red Fm Service for any other purpose may result in severe civil and criminal penalties. The Company does not promote, foster or condone the copying of Content, or any other infringing activity. Violators will be prosecuted to the maximum extent possible.
The Content: The content on the Red Fm Service including, without limitation, videos, software, text, graphics, interactive features, logos, photos, as well as the selection, organization, coordination, compilation and overall look and feel of the Site (collectively, the “Content”) are the intellectual property of the Company. The Content is protected by copyright, trade dress, patent, trademark and other laws, international conventions and proprietary rights and all ownership rights to the Content remain with the Company, its licensors or its suppliers, as the case may be. All trademarks, service marks, and trade names are proprietary to the Company or its affiliates and/or third party licensors.
YOUR OBLIGATIONS- You hereby agree and assure the Company that the Site and/or Red FmService shall be used for lawful purposes only and that you will not violate laws, regulations, ordinances or other such requirements of any applicable Central, State or local government or any other international laws. You further concur that you shall not:
circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Site or Red Fm Service.
either directly or through the use of any device, software, internet site, web-based service, or other means copy, download, stream capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the Content unless expressly permitted by the Company and the owners in writing;
either directly or through the use of any device, software, internet site, web-based service, or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content including geo-filtering mechanisms.
use the Site or Red Fm Service in any manner that could damage, disable, overburden, or impair and not to undertake any action which is harmful or potentially harmful to any the Company´s server, or the network(s), computer systems / resource connected to any the Company server, or interfere with any other party´s use and enjoyment of the Site or Red Fm Service;
obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site/Service;
perform any activity which is likely to cause such harm;
carry out any “denial of service” (DoS, DDoS) or any other harmful attacks on application or internet service or;
use the Site or Red Fm Service for illegal purposes;
disrupt, place unreasonable burdens or excessive loads on, interfere with or attempt to make or attempt any unauthorized access to any the Company website or the website of any the Company´s customer;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Site or Red Fm Service;
attempt to gain unauthorized access to Red FmService, other accounts and computer systems through hacking, password mining or any other means. You shall not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site or Red Fm Service;
incorporate the Content into, or stream or retransmit the Content via, any hardware or software application or make it available via frames or in-line links unless expressly permitted by the Company in writing;
create, recreate, distribute or advertise an index of any significant portion of the Content unless authorized by the Company;
use or launch any “robots”, “spiders”, “offline readers” etc. or any other automated system, that accesses the Site and / or Red Fm Service in a manner that sends numerous automated requests to the Site´s servers in a given period of time, which a human cannot reasonably send in the same period by using conventional web browsing application or tool(s) for similar purposes.
In addition, you are strictly prohibited from creating derivative works or materials that otherwise are derived from or based on the Content in any way, including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, unless it is expressly permitted by the Company in writing. This prohibition applies even if you intend to give away the derivative materials free of charge.
The Site may permit you to post user submissions including but not limited to reviews of Content available through the Red Fm Service, comments on such Content, etc (User Submissions). You understand that these User Submissions, once posted by you, are visible to all members since it is a public forum.
PROHIBITED ACTIVITIES You agree not to host, display, upload, modify, publish, transmit, update or share any information or User Submissions which:
belongs to another person and to which you do not have any right to;
is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
harm minors in any way;
infringes any patent, trademark, copyright or other proprietary rights;
violates any law for the time being in force;
deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
impersonate another person;
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
threatens the unity, integrity, defence, security or sovereignty of Sri Lanka, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation;
contain misleading information regarding the origin of the Content;
or otherwise contains objectionable content.
You understand and agree that the Company may, but is not obligated to, review the User Submissions and may delete or remove it (without notice) in its sole and absolute discretion, for any reason or without assigning any reason.
More specifically, when you review / rate any Content available on the Red Fm Service (as per functionality made available on the Site), you give the Company express rights and consent to display your rating / review in relation to the relevant Content on the Site, including making it available to other members for viewing. If you do not want your User Submissions / reviews / ratings to be shared in a public forum, do not use these features.
These features may change without notice to you and the degrees of associated information sharing and functionality may also change without notice.
The Company is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (“User Feedback”), including responses to questionnaires or through postings to the Red Fm Service / the Site and User Submissions, without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Red Fm Service. By posting / submitting any User Feedback / User Submission on the Site, you grant the Company a perpetual, worldwide, non-exclusive, royalty-free irrevocable, sub-licensable license and right in such User Feedback / User Submission to the Company, including the right to display, use, reproduce or modify the User Feedback / User Submission in any media, software or technology of any kind now existing or developed in the future.
Operators of public search engines have the permission to use functionalities like spiders to copy materials from the Site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. We reserve the right to revoke these exceptions either generally or in specific cases, in our sole discretion. You agree not to collect or harvest any personally identifiable information, including account names, from the Site, nor to use the communication systems provided by the Site for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Site with respect to its User submissions.
You shall be financially responsible for your use of the Red FmService (as well as for use of your account by others, including without limitation minors living with you). You undertake to supervise and be responsible for all usage of minors of the Red Fm Service and access of the Site under your name or account and absolve the Company from any liability on this account. You also warrant that all information supplied by you or members of your family for using the Red Fm Service and accessing the Site, including without limitation your name, email address, street address, telephone number, mobile number, credit card number is correct and accurate. Failure to provide accurate information may subject you to civil and criminal penalties.
You shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the Site or otherwise use the Red Fm Service, including, without limitation, modems, hardware, software, and long distance or local telephone service. You shall be responsible for ensuring that such equipment or ancillary services are compatible with the Red Fm Service.
You agree that the Company may directly or through third party service providers send information to you about the various services offered by the Company from time to time.
The Company is not responsible for the content or practices of any other website even if it links to the Site and even if the website is operated by a company affiliated or otherwise connected with the Company. You acknowledge and agree that the Company is not responsible or liable to you for any content or other materials hosted and served from any website other than the Site.
ADVERTISING MATERIAL – Part of the Site or the Red Fm Service may contain advertising information or promotion material or other material submitted to the Company by third parties. Responsibility for ensuring that material submitted for inclusion on the Site complies with applicable international and national law is exclusively on the party providing the information/material. Your correspondence or business dealings with, or participation in promotions of advertisers including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. Before relying on any advertising material, you should independently verify its relevance for your purpose, and should obtain appropriate professional advice. The Company shall not be responsible nor liable for any loss or claim that you may have against an advertiser or any consequential damages arising on account of your relying on the contents of the advertisement.
4. DISCLAIMER OF WARRANTIES AND LIABILITY
THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE.
You understand and agree that the Company provides the Red Fm Service on an ‘as-is’ ‘with all faults’ and ‘as available’ basis. You agree that use of the Site or the Red Fm Service is at your risk. All warranties including without limitation, the implied warranties of merchantability, fitness for a particular purpose, for the title and non-infringement are disclaimed and excluded.
No representations, warranties or guarantees whatsoever are made by the Company as to the (a) accuracy, adequacy, reliability, completeness, suitability or applicability of the information to a particular situation; (b) that the service will be uninterrupted, timely, secure, or error-free; (c) the quality of any services, content, information, or other material on the website will meet your expectations or requirements; (d) any errors in the Site will be corrected; (e) warranties against infringement of any third party intellectual property or proprietary rights; or (f) other warranties relating to performance, non-performance, or other acts or omissions of the Company, its officers, directors, employees, affiliates, agents, licensors, or suppliers.
The Company does not warrant that any of the software used and or licensed in connection with the Red Fm Service will be compatible with other third party software or devices nor does it warrant that operation of the Red Fm Service and the associated software will not damage or disrupt other software or hardware.
The Company, its affiliates, successors, and assigns, and each of their respective investors, directors, officers, employees, agents, and suppliers (including distributors and content licensors) shall not be liable, at any time for any, direct, indirect, punitive, incidental, special, consequential, damages arising out of or in any way connected with the use of Site or the Red Fm Service, whether based in contract, tort, strict liability, or other theory, even if the Company have been advised of the possibility of damages.
In the event any exclusion contained herein be held to be invalid for any reason and the Company or any of its affiliate entities, officers, directors or employees become liable for loss or damage, then, any such liability of the Company or any of its affiliate entities, officers, directors or employees shall be limited to not exceeding subscription charges paid by you in the month preceding the date of your claim for the particular subscription in question chosen by you.
You agree to indemnify, defend and hold harmless, the Company, its affiliates, successors, and assigns, and each of their respective investors, directors, officers, employees, agents, and suppliers (including distributors and content licensors) from and against any losses, claims, damages, liabilities, including legal fees and expenses, arising out of:
any claim due to or arising out of your violation of these Terms, including but not limited to a claim arising out of a breach of your representations or warranties made hereunder;
your use or misuse of or access to the Site or the Red Fm Service;
your violation of any law, regulation or third party right, including without limitation any copyright, property, or privacy right; or
any claim that you have caused damage to a third party.
The Company reserves the right, at its own expense, to employ separate counsel and assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and you agree to cooperate with the Company´s defence of these claims.
6. TERMINATION OF ACCOUNT, SUSPENSION OR DISCONTINUATION OF Red Fm SERVICE
The Company reserves the right to change, suspend, or discontinue temporarily or permanently, some or all of the Red Fm Service (including the Content and the devices through which the Red Fm Service are accessed), with respect to any or all users, at any time without notice. You acknowledge that the Company may do so in its sole discretion.
You also agree that the Company will not be liable to you for any modification, suspension, or discontinuance of the Red Fm Service, although if you are a Red Fm Services paid subscriber and the Company suspends or discontinues the Red FmService, the Company may, in its sole discretion, provide you with a credit, refund, discount or other form of consideration (for example, the Company may credit additional days of service to your account). However, if the Company terminates your account or suspends or discontinues your access to the Red FmService due to your violation of these Terms, then you will not be eligible for any such credit, refund, discount or other consideration.
7. GENERAL TERMS
Redress Mechanism : Any complaints, abuse or concerns with regards to content and or comment or breach of these terms shall be immediately informed to the designated Grievance Officer as mentioned below via in writing or through email signed with the electronic signature to firstname.lastname@example.org
Electronic Ventures (Private) Limited
No. 136 B,
Nugegoda, Sri Lanka
Notice of Copyright Infringement:
Our policy is to comply with all Intellectual Property Laws and to act expeditiously upon receiving any notice of claimed infringement. If you believe that any work has been reproduced on this website in a manner that constitutes copyright infringement, please provide a notice of copyright infringement containing all of the following information:
A physical or electronic signature of a person authorized to act on behalf of the copyright owner for the purposes of the complaint.
Identification of the copyrighted work claimed to have been infringed.
Identification of the material on our website that is claimed to be infringing or to be the subject of infringing activity.
The address, telephone number or e-mail address of the complaining party.
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.
A statement, under penalty of perjury, that the information in the notice of copyright infringement is accurate, and that the complaining party is authorized to act on behalf of the owner of the right that is allegedly infringed.
All notices of copyright infringement should be sent to:- Legal Department: Electronic Ventures (Private) Limited StanelyThilakerathneMawatha, Nugegoda, Sri Lanka
None of the provisions of the Terms shall be deemed to constitute a partnership or agency between you and the Company and you shall have no authority to bind the Company in any manner, whatsoever. This agreement is solely for your and the Company’s benefit and not for the benefit of any other person, except for permitted successors and assigns under this Agreement.
You may not transfer to anyone else, either temporarily or permanently, any rights to use the Red Fm Service or any part of the Red Fm Service. Any attempt by you to do so is void. the Company may assign, transfer, delegate and/or grant all or any part of its rights, privileges and properties hereunder to any person or entity.
Neither Party shall have any liability for any interruption or delay, to access the Site due to Force Majeure Event. For the purposes of this clause, ´Force Majeure Event´ means any event or circumstance or combination of events and circumstances which is reasonably beyond the control of the party affected thereby and which causes or results in default or delay in performance by such affected party of any of its obligations under this agreement and includes an act of God, war, hostilities, civil commotion, strikes, lockouts and other industrial disputes.
These Terms are governed by and construed in accordance with, the laws of Sri Lanka without giving effect to principles of conflict of law. In the event of any dispute or claim by you against the Company, you agree to submit to the exclusive jurisdiction of courts of Sri Lanka.
Rights and obligations under the Terms which by their nature should survive will remain in full effect after termination or expiration of the subscription.
Any express waiver or failure to exercise promptly any right under this agreement will not create a continuing waiver or any expectation of non-enforcement.
These Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.
©2016 All Rights reserved.
This disclaimer/terms of service notification is subject to change without notice.