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etarab Music - Terms AND CONDITIONS

THE LEGAL AGREEMENTS SET OUT BELOW GOVERN YOUR USE OF eTarab MUSIC OWNED BY EMIRATES DIGITALS, CLICK "AGREE." IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK "AGREE," AND DO NOT USE THE SERVICES.

A. eTarab Music TERMS OF SALE

PAYMENTS, TAXES, AND REFUND POLICY

eTarab Music services (“Services”) as defined below under “THE eTarab MUSIC SERVICE”, is currently offered under a Subscription as defined below under “THE SUBSCRIPTION”, these forms of payments will be accepted through:

  1. Your iTunes® Account at confirmation of purchase, governed by iTunes Terms & Conditions, or;
  2. Your Facebook® Account at confirmation of purchase, governed by Facebook Payment Terms & Conditions, or;
  3. Secure online payments provided by 2Checkout.com, Inc., governed by 2Checkout Terms & Conditions, which accepts •Visa•MasterCard•Discover•American Express•Diners•JCB•PIN debit cards with the Visa or MasterCard logo•Debit cards with the Visa or MasterCard logo•PayPal (Some of these options are only available in select currencies).

If you are using the Services offered through iTunes® Store for eTarab Music for iPhone®, eTarab Music HD for iPad®, or eTarab Music for Mac OS® you must use your iTunes® Account to purchase the Subscription or on-demand download. However, for eTarab Music for Android®, eTarab Music for Blackberry®, or eTarab Music for Windows® you must use 2Checkout.com, Inc to purchase your Subscription. Last, if you are using eTarab Social for Facebook® then you must use your Facebook Account for your purchase.

  • If you purchase your Subscription using eTarab Music for iPhone® then that Subscription will be valid only on all your iOS devices you own that can run eTarab Music for iPhone®. The same is true for on-demand song or album purchases during one month from the purchase date, offered for unlimited re-downloads free of charge using your eTarab registration.
  • If you purchase your Subscription using eTarab Music for iPad® then that Subscription will be valid only on all your iOS devices you own that can run eTarab Music for iPad®. The same is true for on-demand song or album purchases during one month from the purchase date, offered for unlimited re-downloads free of charge using your eTarab registration.
  • Only on-demand song or album purchases are allowed for Mac® OS; no recurring Subscriptions are available for Mac® OS. On-demand purchases made shall be available free of charge on all of your Mac® OS for a period of one month from the purchase date using your eTarab registration.
  • If you purchase your Subscription using eTarab Music for Android®, eTarab Music for Windows®, or eTarab Music for Blackberry® using 2CheckOut.com payment gateway then your Subscription will be valid for use on eTarab Music for Android®, eTarab Music for Windows®, and eTarab Music for Blackberry® only. On-demand purchases made shall be available free of charge on all of your Mac®, Windows®, and Blackberry® for a period of seven days from the purchase date, offered for unlimited re-downloads free of charge using your eTarab registration.

If a credit card is being used for a transaction, Emirates Digitals may obtain preapproval for an amount up to the amount of the order. Billing occurs at the time of or shortly after your transaction. If you are using 1-Click purchasing, your order may be authorized and billed in increments during one purchasing session, so it may appear as multiple orders on your statement.

You agree that you will pay for all products you purchase through the Services, and that Emirates Digitals may charge your credit card for any products purchased and for any additional amounts (including any taxes and late fees, as applicable) that may be accrued by or in connection with your Account. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING Emirates Digitals WITH A VALID CREDIT CARD ACCOUNT DETAILS FOR PAYMENT OF ALL FEES. All fees will be billed to the credit card account you designate during the purchase process.

Your total price will include the price of the product plus any applicable sales tax; such sales tax is based on the bill-to address and the sales tax rate in effect at the time you download the product. We will charge tax only in territories where digital goods are taxable.

All sales and rentals of products are final – no refunds are offered.

Prices for products offered via the Services may change at any time, and the Services do not provide price protection or refunds in the event of a price reduction or promotional offering.

If a product becomes unavailable following a transaction but prior to download, your sole remedy is a refund. If technical problems prevent or unreasonably delay delivery of your product, your exclusive and sole remedy is either replacement or refund of the price paid, as determined by Emirates Digitals.

THE SUBSCRIPTION

For Mac OS®

Only on-demand song or album purchases are allowed for Mac® OS; no recurring subscriptions are available for Mac® OS.

For All other OS

The monthly subscription cost is currently set at $4.99 per month. This subscription cost is automatically renewed each month thereafter. A similar charge of the initial subscription cost of $4.99 will be charged to your account every month your subscription is automatically renewed. At any time you can cancel the subscription using the cancellation method provided by the application. There will be no refunds for any unused portion of the Services within that month.

Please refer to the “FEES” section below for additional and more detailed information on the Subscription.

FEES

  • You acknowledge that Provider reserves the right to charge for the Services and to change any applicable fees from time to time in its discretion. If we terminate your use of any of the Services because you have breached the Agreement or other applicable terms and conditions you shall not be entitled to a refund of any unused portion of subscription or registration fees.
  • You agree to pay the subscription or registration fees and any other charges that we have notified you of and you have agreed, incurred in connection with your screen name and password for a Website and/or a Service (including any applicable taxes) at the rates in effect when the charges were incurred. If your subscription or registration includes access to areas containing premium content or services, your access to such areas may be subject to additional fees, terms and conditions, which will be separately disclosed in such areas. Subscription or registration fees will be charged at the beginning of your subscription or registration. Thereafter, your subscription will renew automatically on a monthly basis and your account will be automatically charged for the renewed monthly period. We will bill all charges automatically to your credit card, debit card or your nominated account by direct debit. Unless we state in writing otherwise, all fees and charges are non-refundable. We may change the fees and charges then in effect, or add new fees or charges, by giving you notice in advance. If you would like to use a different credit or debit card, change your direct debit account details, there is a change in credit or debit card validity or expiration date, or if you believe someone has accessed a Service using your screen name and password without your authorization, you must contact us immediately. You are responsible for all fees incurred to access a Service or otherwise by anyone using your email address and password. You are responsible for any fees or charges incurred to access a Service through an Internet access provider or other third-party service.
  • Payment will be charged to iTunes Account or 2Checkout.com, Inc at confirmation of purchase.
  • Subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period.
  • Account will be charged for renewal within 24-hours prior to the end of the current period, at the same rate of $4.99 per month.
  • Subscriptions may be managed by the user and auto-renewal may be turned off by going to the user s Account Settings after purchase.
  • No cancellation of the current subscription is allowed during active subscription period.
  • Any unused portion of a free trial period, if offered, will be forfeited when the user purchases a subscription to that publication.
  • If at any time during your subscription or registration we decide to increase the price we charge you we will give you at least four weeks notice by email. This notice period does not apply in respect of any exclusive preview period, if exists, which we may terminate at any time. You may only use an introductory offer once.
  • You warrant and represent that you are the account holder of the bank account details you submit or that the credit card or debit card that is being used is yours. All credit card debit card holders are subject to validation checks and authorisation by the card issuer.
  • We take all reasonable care to make our Services secure. All credit card and debit card transactions are processed using a secure online payment gateway that encrypts your card or bank account details in a secure host environment.
  • We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Services.

ON-DEMAND PURCHASES

If there is no valid Subscription available, then users may download a single song or a full album using on-demand purchases. The cost of a single song download is $0.99, whereas, the cost of a full album of two or more songs is $2.99. Once a song or n album is downloaded, users can re-download it for unlimited number of times for a period not less than seven days from the date the purchase was made; one month for eTarab Music for iPhone®, eTarab Music HD for iPad®, and eTarab Music for Mac OS® and seven days for eTarab Music for Android®, eTarab Music for Blackberry®, and eTarab Music for Windows®.

ELECTRONIC CONTRACTING

Your use of the Services includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.

Emirates Digitals is not responsible for typographic errors.

B. eTarab MUSIC TERMS AND CONDITIONS

THIS LEGAL AGREEMENT BETWEEN YOU AND EMIRATES DIGITALS ("EDigitals") GOVERNS YOUR USE OF THE ETARAB MUSIC SERVICE (THE “Service”).

THE eTarab MUSIC SERVICE

EDigitals is the provider of the Service, which permits you to us the eTarab Music Application ("The Program") to search for and make available off-line digital music, download artwork, download news from AlrayNews.com, create playlists, share music, paly music, and maintain your own off-line music library for end user use only under the terms and conditions set forth in this Agreement. The eTarab Music Application is offered in Seven different flavors:

  1. eTarab Music for Windows®,
  2. eTarab Music for iPhone®,
  3. eTarab Music HD for iPad®,
  4. eTarab Music for Mac OS®,
  5. eTarab Music for Android®,
  6. eTarab Social for Facebook®,
  7. eTarab Music for BlackBerry®.

REQUIREMENTS FOR USE OF THE SERVICE

This Service is available for individuals of all ages. If you are under the age of 18, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it.

The Service is available to you with no geographical restrictions.

When you purchase a subscription to use the Service (eTarab Music), you are paying to use the application and the technology built into it for that period of time; and not paying for the digital content available through the Service. The Digital content, in the form of music, album artwork, and news feeds are offered to you for free and are subjected to Terms & Conditions and Copyright laws of their respective Label Provider. When the subscription expires, you still can use the Service to enjoy the digital content made available to you offline.

Use of the Service requires compatible devices, Internet access, and certain software (fees may apply); may require periodic updates; and may be affected by the performance of these factors. High-speed Internet access is strongly recommended for regular use. The latest version of required software is recommended to access the Service and may be required for certain transactions. You agree that meeting these requirements, which may change from time to time, is your responsibility. The Service is not part of any other product or offering, and no purchase or obtaining of any other product shall be construed to represent or guarantee you access to the Service.

YOUR ACCOUNT

As a registered user of the Service, you may establish an account ("Account"). Don’t reveal your Account information to anyone else. You are solely responsible for maintaining the confidentiality and security of your Account and for all activities that occur on or through your Account, and you agree to immediately notify EDigitals of any security breach of your Account. EDigitals shall not be responsible for any losses arising out of the unauthorized use of your Account.

In order to download Products from the Service, you must enter your ID and password to authenticate your Account.

You agree to provide accurate and complete information when you register with, and as you use, the Service, and you agree to update your Registration Data to keep it accurate and complete. You agree that EDigitals may store and use the Registration Data you provide for use in maintaining and billing fees to your Account.

PRIVACY

The Service is subject to our Privacy Policy.

When you use Emirates Digitals Social Platforms or eTarab Music, Emirates Digitals will, from time to time, automatically collect information that can be used to identify media in your eTarab library on this computer, such as your play history and playlists. This includes media purchased through eTarab Music and media obtained from other sources. This information will be stored anonymously and will not be associated with your name or Account. Emirates Digitals will use this information and the contents of your eTarab Media library, as well as other information, to give personalized recommendations to you.

Emirates Digitals may only use this information and combine it with aggregated information from the eTarab libraries of other users who also opt in to this feature, your eTarab Music purchase history data, aggregated purchase history data from other eTarab Music users, and other information obtained from third parties, to:

  • Create personalized playlists for you.
  • Provide you with recommendations regarding media and other products and services that you may wish to purchase.
  • Provide recommendations regarding products and services to other users.

At all times your information will be treated in accordance with Emirates Digitals’ Privacy Policy.

CONTENT AVAILABILITY

Emirates Digitals reserves the right to change content options (including eligibility for particular features) without notice.

USE OF PURCHASED OR RENTED CONTENT

You agree that the Emirates Digitals Service and certain Emirates Digitals Products include security technology that limits your use of Emirates Digitals Products and that, whether or not Emirates Digitals Products are limited by security technology, you shall use Emirates Digitals Products in compliance with the applicable usage rules established by Emirates Digitals and its licensors (“Usage Rules”), and that any other use of the Emirates Digitals Products may constitute a copyright infringement. Any security technology is an inseparable part of the Emirates Digitals Products. Emirates Digitals reserves the right to modify the Usage Rules at any time. You agree not to violate, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security technology related to such Usage Rules for any reason—or to attempt or assist another person to do so. Usage Rules may be controlled and monitored by Emirates Digitals for compliance purposes, and Emirates Digitals reserves the right to enforce the Usage Rules without notice to you. You agree not to access the Emirates Digitals Service by any means other than through software that is provided by Emirates Digitals for accessing the Emirates Digitals Service. You shall not access or attempt to access an Account that you are not authorized to access. You agree not to modify the software in any manner or form, or to use modified versions of the software, for any purposes including obtaining unauthorized access to the Emirates Digitals Service. Violations of system or network security may result in civil or criminal liability.

USAGE RULES

(i) You shall be authorized to use Emirates Digitals Products only for personal, noncommercial use.

(ii) You shall be authorized to use Emirates Digitals Products on five authorized devices at any time.

The delivery of Emirates Digitals Products does not transfer to you any commercial or promotional use rights in the Emirates Digitals Products. Any burning or exporting capabilities are solely an accommodation to you and shall not constitute a grant, waiver, or other limitation of any rights of the copyright owners in any content embodied in any Emirates Digitals Product.

You acknowledge that, because some aspects of the Service, Emirates Digitals Products, and administration of the Usage Rules entails the ongoing involvement of Emirates Digitals, if Emirates Digitals changes any part of or discontinues the Service, which Emirates Digitals may do at its election, you may not be able to use Emirates Digitals Products to the same extent as prior to such change or discontinuation, and that Emirates Digitals shall have no liability to you in such case.

THIRD-PARTY MATERIALS

Certain content, Emirates Digitals Products, and services available via the Service may include materials from third parties. Emirates Digitals may provide links to third-party websites as a convenience to you. You agree that Emirates Digitals is not responsible for examining or evaluating the content or accuracy and Emirates Digitals does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party and that Emirates Digitals is not in any way responsible for any such use by you.

OBJECTIONABLE MATERIAL

You understand that by using the Service, you may encounter material that you may deem to be offensive, indecent, or objectionable, and that such content may or may not be identified as having explicit material. Nevertheless, you agree to use the Service at your sole risk and Emirates Digitals shall have no liability to you for material that may be found to be offensive, indecent, or objectionable. Emirates Digitals Product types and descriptions are provided for convenience, and you agree that Emirates Digitals does not guarantee their accuracy.

IMPORTANT SAFETY INFORMATION

To avoid muscle, joint, or eye strain during your use of the products offered through the Service, you should always take frequent breaks, and take a longer rest if you experience any soreness, fatigue, or discomfort. A very small percentage of people may experience seizures or blackouts when exposed to flashing lights or patterns, including but not limited to while playing video games or watching videos. Symptoms may include dizziness, nausea, involuntary movements, loss of awareness, altered vision, tingling, numbness, or other discomforts. Consult a doctor before using the products offered through the Service if you have ever suffered these or similar symptoms, and stop using such products immediately and see a doctor if they occur during your use of such products. Parents should monitor their children’s use of the products offered through the Service for signs of symptoms.

INTELLECTUAL PROPERTY

You agree that the Service, including but not limited to Emirates Digitals Products, graphics, user interface, audio clips, video clips, editorial content, and the scripts and software used to implement the Service, contains proprietary information and material that is owned by Emirates Digitals and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Service in compliance with this Agreement. No portion of the Service may be reproduced in any form or by any means, except as expressly permitted in these terms. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service in any manner, and you shall not exploit the Service in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity.

Notwithstanding any other provision of this Agreement, Emirates Digitals and its licensors reserve the right to change, suspend, remove, or disable access to any Products, content, or other materials comprising a part of the Service at any time without notice. In no event will Emirates Digitals be liable for making these changes. Emirates Digitals may also impose limits on the use of or access to certain features or portions of the Service, in any case and without notice or liability.

All copyrights in and to the Service (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources) and related software are owned by Emirates Digitals and/or its licensors, who reserve all their rights in law and equity. THE USE OF THE SOFTWARE OR ANY PART OF THE SERVICE, EXCEPT FOR USE OF THE SERVICE AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.

As an Account holder of the Service in good standing, you may be provided with limited access to download certain album cover art for music stored in the Service Library of your application. Such access is provided as an accommodation only, and Emirates Digitals does not warrant, and will not have any liability or responsibility for, such album cover art or your use thereof. You may access album cover art only for music for which you are the lawful owner of a legal copy. Album cover art is provided for personal, noncommercial use only. You agree that you will not use album cover art in any manner that would infringe or violate this Agreement or the rights of any other party, and that Emirates Digitals is not in any way responsible for any such use by you.

TERMINATION

If you fail, or Emirates Digitals suspects that you have failed, to comply with any of the provisions of this Agreement, Emirates Digitals, at its sole discretion, without notice to you may: (i) terminate this Agreement and/or your Account, and you will remain liable for all amounts due under your Account up to and including the date of termination; and/or (ii) terminate the license to the software; and/or (iii) preclude access to the Service (or any part thereof).

Emirates Digitals reserves the right to modify, suspend, or discontinue the Service (or any part or content thereof) at any time with or without notice to you, and Emirates Digitals will not be liable to you or to any third party should it exercise such rights.

DISCLAIMER OF WARRANTIES; LIABILITY LIMITATION

Emirates Digitals DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME Emirates Digitals MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.

YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY Emirates Digitals) PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.

IN NO CASE SHALL Emirates Digitals, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE SERVICE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME COUNTRIES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH COUNTRIES OR JURISDICTIONS, Emirates Digitals 'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Emirates Digitals SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICE, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND Emirates Digitals HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.

Emirates Digitals DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND Emirates Digitals DISCLAIMS ANY LIABILITY RELATING THERETO. SOME PRODUCTS CAN BE DOWNLOADED ONLY ONCE; AFTER BEING DOWNLOADED, THEY CANNOT BE REPLACED IF LOST FOR ANY REASON. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM, INCLUDING ANY Emirates Digitals PRODUCTS PURCHASED OR RENTED FROM THE SERVICE.

WAIVER AND INDEMNITY

BY USING THE SERVICE, YOU AGREE, TO THE EXTENT PERMITTED BY LAW, TO INDEMNIFY AND HOLD Emirates Digitals, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE SERVICE, OR ANY ACTION TAKEN BY Emirates Digitals AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM Emirates Digitals, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF Emirates Digitals’ CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.

CHANGES

Emirates Digitals reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on your use of the Service. Such modifications and additional terms and conditions will be effective immediately and incorporated into this Agreement. Your continued use of the Service will be deemed acceptance thereof.

MISCELLANEOUS

This Agreement constitutes the entire agreement between you and Emirates Digitals and governs your use of the Service, superseding any prior agreements between you and Emirates Digitals. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Emirates Digitals’ failure to enforce any right or provisions in this Agreement will not constitute a waiver of such or any other provision. Emirates Digitals will not be responsible for failures to fulfill any obligations due to causes beyond its control.

The Service is operated by Emirates Digitals from its offices in the United Arab Emirates. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Service. All transactions on the Service are governed by Abu Dhabi law, without giving effect to its conflict of law provisions. Your use of the Service may also be subject to other laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Emirates Digitals or relating in any way to your use of the Service resides in the courts in the Emirate of Abu Dhabi. Risk of loss and title for all electronically delivered transactions pass to the purchaser in Abu Dhabi upon electronic transmission to the recipient. No Emirates Digitals employee or agent has the authority to vary this Agreement.

Emirates Digitals may notify you with respect to the Service by sending an email message to your Account email address or a letter via postal mail to your Account mailing address, or by a posting on the Service. Notices shall become effective immediately.

Emirates Digitals reserves the right to take steps Emirates Digitals believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You agree that Emirates Digitals has the right, without liability to you, to disclose any Registration Data and/or Account information to law enforcement authorities, government officials, and/or a third party, as Emirates Digitals believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to Emirates Digitals’ right to cooperate with any legal process relating to your use of the Service and/or Emirates Digitals Products, and/or a third-party claim that your use of the Service and/or Emirates Digitals Products is unlawful and/or infringes such third party's rights).

Last updated Friday, May 25, 2012

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