These are the terms and conditions (the Terms and Conditions) governing your access of and use of the website for Dance FM at (the Site). The Site is operated by Shock Middle East FZ LLC a free zone limited liability company established in Dubai Creative Clusters Free Zone with license number 93691 whose registered address is 134-136, Building 10, Dubai Media City, Dubai, United Arab Emirates (Shock Middle East) and/or any of its subsidiaries and/or affiliated companies. By continuing to use the Site and/or registering with the Site, you agree to be bound by these Terms and Conditions. If you do not agree with these Terms and Conditions, please do not use or register with the Site. We recommend that you print a copy of these Terms and Conditions for future reference.
These Terms and Conditions refer to the following additional terms which also apply to your use of the Site:
- our competition terms and conditions (the Competition Terms) which apply if you have entered any competition on the Site. When entering a competition on the Site, you must comply with the Competition Terms.
1. Amendments and Updates
Shock reserves the right, at its discretion, to amend the Terms and/or the Site from time to time. You are therefore advised to review the Terms regularly to ensure that you are aware of any changes. By continuing to use the Site you agree to be bound by the revised Terms.
Shock does not guarantee that the Site, or any content on it, will always be available. Shock may suspend or withdraw or restrict the availability of all or any part of the Site for business and operational reasons. Shock shall not be liable if, for any reason, the Site is unavailable at any time or for any period.
2. Access to the Site
You may only use the Site and/or any services available through the Site (including any Content or User Generated Content (as such terms are defined below)) for lawful purposes. You must not use the Site: –
- in any way that breaches any applicable local, national or international laws or regulations;
- in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect or promotes such purposes;
- for harming or attempting to harm minors in any way;
- to send, knowingly receive, upload, post, download, use or re-use any material which is in breach of clause 5 of these Terms and Conditions;
- to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (Spam); and/or
- To knowingly transmit any data, send or upload any material that contains viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You are responsible for making any arrangements that are necessary for you to have access to the Site.
You are also responsible for ensuring that all persons who access the Site through your internet connection are aware of these Terms and Conditions and other applicable terms and conditions, and that they comply with them.
3. Use of Content and linking to the Sites
Shock is the owner or the licensee of all intellectual property rights in the Site and in the content and material (the Content) on the Site. For the avoidance of doubt, the definition of Content excludes any User Generated Content (as such term is defined in [clause 5] below). The Content is protected by copyright laws and treaties around the world. All trademarks, service marks and trade names on the Site are proprietary to Shock or its licensors.
Unless expressly stated, no Content may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, and may only be used for personal, non-commercial use. Modification of the Content or other prohibited use of the Content is a violation of Shock’s copyright and other proprietary rights.
In particular, but without limiting the above restrictions, you may not do any of the following without obtaining prior written permission from Shock: –
- redistribute any of the Content (including by using it as part of any library, archive or similar service);
- remove any copyright or trade mark notice from the Content; or
- create a database in electronic or structured manual form by downloading and storing all or any of the Content.
You may not create any link from or to the Site without Shock’s prior written consent. Please contact Shock if you wish to request permission to link to the Site. Shock reserves the right to withdraw linking permission without notice.
You may choose to become a registered user of the Site. As a registered user, you will be entitled to access material on most areas of the Site. However, Shock reserves the right to restrict registered users from accessing certain areas of the Site and you may be required to complete a further registration process to obtain access to such areas.
On registration, you must provide Shock with the requested registration information, which should be accurate and complete. It is your responsibility to inform Shock of any changes to the registration information (including your email address) by using the edit details function available on the Site. Each registration is for a single user only. You warrant that you will not impersonate another individual when using the Site.
On registration, you will be asked to provide your email address and choose a password (collectively your User ID). You should treat your User ID as confidential and you must not disclose it to any third party.
Shock does not permit any of the following: –
- any other person sharing your User ID; or
- access through a single User ID being made available to multiple users on a network.
You are responsible for, and will be liable to Shock for, any use of the Site by you or anyone else using your User ID and for preventing unauthorised use of your User ID. If you know, or suspect, that anyone other than you knows your User ID you must promptly notify Shock at Dubai Internet City B2, 1401 Dubai, United Arab Emirates. Shock will not be liable to you or any third party for unauthorised use of your User ID.
You acknowledge and agree that Shock has the right to disable any User ID if, in Shock’s reasonable opinion, you have failed to comply with these Terms and Conditions.
5. Forums and Uploading and Posting Content to the Sites
The Site includes chat rooms, bulletin boards, discussion groups and other public areas (each a Forum and together the Forums) which allow you to interact with other users and to upload or post content to the Site (User Generated Content), including (without limitation) reviews of any music events, album reviews and personal blogs.
Shock reserves the right, in its absolute discretion, to cease the provision of any or all Forums at any time without notice to you.
The Forums may include information and material uploaded by other users of the Site as well as Shock presenters and special guests selected by Shock. The information and these materials have not been verified or approved by Shock and do not necessarily represent the views or values of Shock. The views expressed on the Forums are not intended to amount to advice on which reliance should be placed.
Unless otherwise stated, you will need to be a registered user of the Site in order to upload or post any User Generated Content.
By uploading or posting any User Generated Content you warrant and agree that:
- you are 18 years of age or older or if you are aged below 18 you have received consent from your parent or guardian;
- you will comply with these Terms and Conditions and any other rules posted by Shock in relation to the uploading and/or posting of User Generated Content;
- Shock is free and able to use User Generated Content in accordance with and in the manner set out in these Terms and Conditions, without any payment (including any royalty payments to third parties) and Shock may permit other users to view the User Generated Content; and
- you have obtained all consents, releases and permissions (including of each person identifiable) in respect of the User Generated Content.
In addition, you warrant and agree that User Generated Content:
- must be accurate (where facts are stated);
- must be genuinely held (where they state opinions);
- must comply with any applicable laws in the United Arab Emirates and any country from which they are posted;
- is not confidential and does not infringe the intellectual property, privacy or any other rights of any third party;
- does not contain any material which is unlawful, abusive, libellous, defamatory, obscene, indecent, harassing or threatening;
- does not promote any illegal activity;
- is not discriminatory or does not promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- is not sexually explicit, obscene or pornographic and does not promote violence;
- does not solicit personal information from any users of the Site;
- does not include telephone numbers, physical addresses, email addresses or last names or any other personally identifiable information;
- does not, to the best of your knowledge, contain a virus or other harmful component or computer programming routines, software, files or code designed to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
- does not interrupt, destroy or limit the functionality of the Site or any computer software or equipment;
- does not disguise the origin of any User Generated Content or impersonate any person or entity or misrepresent any affiliation with any person or entity or collect or store other users’ personal data;
- does not, or is not likely to, harass, upset, embarrass, alarm or annoy another person;
- does not give the impression that it emanates from a third party (including Shock) if that is not the case; and/or
- does not link to or otherwise publish commercial material or material that promotes any commercial activities or contains recommendations to buy or refrain from buying a particular item or which contain confidential information of another party or which otherwise have the purpose of affecting the price or value of any item (and in particular shares).
When you upload or post User Generated Content to the Site you hereby grant Shock a perpetual, royalty-free, worldwide, non-exclusive licence to use, reproduce, modify, translate, make available, distribute, publish and/or perform the User Generated Content and to distribute and/or broadcast such User Generated Content in whole or in part in all media and in all formats (including transmission by way of analogue transmission, digital audio broadcasting, internet, satellite, television, film, cable or telephony) and to sub-license any other persons to do so, in each case for such purposes as Shock may in its reasonable discretion determine. In addition, you agree to waive any moral rights you may have in the User Generated Content.
You agree to indemnify and hold harmless Shock from all claims, costs, liabilities and expenses (including legal expenses) incurred by Shock arising out of or in connection with any User Generated Content uploaded or posted by you.
You agree that we have the right to disclose your identity to any third party who is claiming that any User Generated Content uploaded or posted by you violates their intellectual property rights, their right to privacy or any other right.
The Forums contain User Generated Content submitted by users over whom Shock has no control. You acknowledge and agree that Shock is under no obligation to oversee, monitor or moderate any Forum. Shock expressly excludes any liability for any loss or damage arising from your use of any Forum.
Notwithstanding the above, Shock reserves the right (which it may exercise in its sole discretion without notice) to oversee, monitor or moderate (whether by human moderation or technical methods) Forums from time to time or to delete, move or edit any User Generated Content.
Shock reserves the right to contact you by email regarding your use of the Forums and/or any User Generated Content.
6. Reporting offensive/illegal content
If you have any concerns about any Content or User Generated Content that appears on the Site or you believe that such Content or User Generated Content is harmful, offensive or infringes your rights (including without limitation your intellectual property rights), please contact Shock at Contact with the following information: –
- the location of the harmful/infringing/offensive Content or User Generated Content on the Site;
- a brief description of why you consider the Content or User Generated Content to be harmful, offensive or infringing and a statement confirming that you have a reasonable and honestly held belief that use of the Content or User Generated Content is not authorised; and
- your contact details.
7. Suspension and termination of registration/access to Forums
We will determine, in our discretion, whether there has been a breach of these Terms and Conditions through your use of the Site. When a breach of these Terms and Conditions has occurred, we may take such action as we deem appropriate.
Failure to comply with these Terms and Conditions may result in our taking all or any of the following actions:
- immediate, temporary or permanent withdrawal of your right to use the Site (including the Forums);
- immediate, temporary or permanent removal of any User Generated Content uploaded or posted by you to the Site;
- issue of a warning to you;
- legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
- further legal action against you; or
- disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of these Terms and Conditions. The responses described in this [clause 7] are not limited, and we may take any other action we reasonably deem appropriate.
8. News by E-Mail
Shock may give you the option to subscribe to its email news service. Your use of any information received through the email news service will be subject to these Terms and Conditions.
9. Viruses, hacking and other offences
We do not guarantee that the Site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access the Site. You should use your own virus protection software.
You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to or on the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
We will report any such breach of this [clause 9] to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any material uploaded or posted on it, or on any website linked to them.
The use of the Site by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use the Site that it is important that they communicate with their children about their safety online, as moderation is not fool-proof. Minors who are using any interactive service should be made aware of the potential risks to them.
11. Third Party Sites
Where the Site contains links to other websites and resources provided by independent third parties (Third Party Sites), these links are provided for your information only. Such links should not be interpreted as approval by Shock of those Third Party Sites or of information you may obtain from them. Shock is not responsible for the availability or content of Third Party Sites and will not be a party to, or in any way responsible for, any transaction concerning goods or services available from such Third Party Sites.
12. Limitation of Liability
The Content and any User Generated Content on the Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the Content or any User Generated Content on the Site.
Although we make reasonable efforts to update the information on the Site, we make no representations, warranties or guarantees, whether express or implied, that the Content or any User Generated Content on the Site is accurate, complete or up to date.
We exclude all implied conditions, warranties, representations or other terms that may apply to the Site or any Content or User Generated Content on the Site.
We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with: use of, or inability to use, the Site, or use of or reliance on any Content or User Generated Content displayed on the Site.
In particular, we will not be liable for loss of profits, sales, business, or revenue. business interruption. loss of anticipated savings. loss of business opportunity, goodwill or reputation. or any indirect or consequential loss or damage.
15. Advertising and sponsorship
The Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site complies with applicable laws and regulations. Shock will not be responsible for any error or inaccuracy in advertising material.
16. Choice of law & jurisdiction
These Terms and Conditions and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms and Conditions or their subject matter or formation shall be governed by and construed in accordance with the laws of the United Arab Emirates as applicable in Dubai. You irrevocably agree that the courts of Dubai International Financial Centre shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms and Conditions or their subject matter or formation.
You may not assign, sub-license or otherwise transfer any of the rights under these Terms and Conditions.
If any term is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.
Failure by either party to exercise any right or remedy under these Terms and Conditions does not constitute a waiver of that right or remedy.
Headings in these Terms and Conditions are for convenience only and will have no legal meaning or effect.