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The Terms of Use Agreement

The Terms of Use Agreement

http://www.deltamediaplayer.com/ ("Web site"), which is owned and operated by Pemohe Ltd. This Terms of Use Agreement ("the Agreement") governs your use of the Web site. Please review this Agreement carefully. By using this Web site, you consent to the Agreement, whether or not you register as a member ("Member") on this Web site. If you wish to become a Member and use of the DeltaMediaPlayer.com service ("the Service"), please read this Agreement and indicate your acceptance by clicking "Accept" below.


1. Acceptance of Agreement

This Agreement is an electronic contract that sets out the legally binding terms of your use of the Web site and your Membership in the Service. Clicking on the "Accept" button at the end of this Agreement creates an electronic signature that has the same legal force and effect as a handwritten signature. By clicking on the "Accept" button, you accept this Agreement and agree to the terms, conditions and notices contained or referenced herein.

DeltaMediaPlayer.com reserves the right, at its sole discretion, to modify this Agreement in the future, and such modifications shall be deemed effective immediately upon posting to the Web site. Any continued use of the Web site after posting such changes will constitute your acceptance of this Agreement as modified.


2. Eligibility

You must be at least eighteen (18) years of age to register as a Member or use this Web site. Membership in the Service is void where prohibited. By using the Web site, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.


3. Responsibility for Account

You are responsible for all activity under your account with the Service. You are responsible for maintaining the confidentiality of any password connected with your account. You may allow only members of your household to use your account.

You acknowledge that you are aware that some content available through the Service may be unsuitable for minors, and you agree to supervise usage by minors whom you permit to use the Service.


4. No Commercial or Unlawful Use

This Web site is only for your personal use and may not be used in connection with any commercial endeavors.

You are required to comply with all applicable laws in connection with your use of the Web site, and such further limitations as may be set forth in any written or on-screen notice from DeltaMediaPlayer.com. As a condition of your use of the Web site, you warrant that you will not use the Web site for any purpose that is unlawful or prohibited by this Agreement.


5. Third Party Content and Links

This Web site may contain third party-owned content and links to third party websites or resources. DeltaMediaPlayer.com does not endorse, sponsor, recommend, or otherwise accept responsibility for any third party content on the Web site. In addition, DeltaMediaPlayer.com has no control over third party websites or resources, and is not responsible for any content, advertising, products, services or other materials on or available from such websites or resources. DeltaMediaPlayer.com shall not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, advertising, products, services or other materials on or available from such websites or resources.


6. Content Posted by Users

DeltaMediaPlayer.com is not liable for content provided by others, including users on this Web site. We have no obligation to, review or monitor content posted in the public areas of the Web site by others. However, DeltaMediaPlayer.com reserves the right to review, change or delete such content without notice and for any reason.

You may not post content to the public areas of the Web site that violates this Agreement. DeltaMediaPlayer.com does not claim ownership of any content that you may post. However, by submitting content to the public areas of the Web site, you grant DeltaMediaPlayer.com the right to use, copy, distribute, transmit, display, publish, reproduce, edit, adapt, modify, translate and promote this content, and to create derivative works from, or incorporate into other works, such content, and to grant and authorize sublicenses of the same.


7. Software

We or our suppliers may provide you with software to use with the Service. Your use of any such software will be governed by the terms and conditions of the end user license agreement (.EULA.) accompanying such software. If you receive any software that is not accompanied by a EULA, then we grant you a non-exclusive, revocable, personal, non-transferable license to use such software on any single computer from which you wish to access and use the Service. DeltaMediaPlayer.com reserves all rights to such software not expressly granted to you in this Agreement. Such software is protected by copyright and other intellectual property laws and treaties. DeltaMediaPlayer.com or its suppliers own the title, copyright, and other intellectual property rights in such software, and such software is licensed, not sold. You may not sell or redistribute the software. The license granted to you under this section for such software will terminate on the date your Service subscription terminates. DeltaMediaPlayer.com may disable such software after the date your subscription terminates. You will not disassemble, decompile, or reverse engineer such software. DeltaMediaPlayer.com may automatically check your version of such software and may automatically download upgrades to such software to your computer in order to update, enhance and improve the software.


8. Charges and Billing

At the moment, we do not charge you any fees. Once you sign up for an account you have free access to our offer.
You can also safely remove the account from our service if you do not want to use it.
If you decide to use a broader range of channels, you can pay for it with your chosen payment method at the time of the introduction of the fee.


9. Equipment and Internet Access

You are responsible for providing all equipment and Internet connections that you will need to access the Service. Internet connectivity is not included in the subscription fees you pay DeltaMediaPlayer.com to use the Service. We are not responsible for any problems or technical malfunction related to Internet connectivity or user equipment.


10. Technical Support and Interruption of Service

Although you are using the Service and any associated software at your own risk, we will offer technical support on a commercially reasonable basis through this Web site only.

DeltaMediaPlayer.com schedules periodic downtime of this Web site for maintenance and other purposes. Unplanned service interruptions may also occur. In the event of such interruptions, DeltaMediaPlayer.com will make commercially reasonable efforts to restore the Service. However, DeltaMediaPlayer.com is not liable for service interruptions unless the interruption: a) is for reasons within DeltaMediaPlayer.com's reasonable control; b) continues for a period of twenty-four (24) hours or more. In the event such an interruption occurs, DeltaMediaPlayer.com will offer you a prorated credit for the period of interruption if you make a written request within 30 days of the interruption. Requests can be submitted via email to webmaster at DeltaMediaPlayer.com.

11. Termination

This Agreement will remain in full force and effect while you use this Web site and/or are a Member. You may terminate your Membership at any time, for any reason, upon notice to DeltaMediaPlayer.com. If you are participating in any trial period offer, you must terminate your Membership before the end of the applicable trial period to avoid incurring applicable charges. Termination of your Membership did not alter your obligation to pay any amounts owed on your account at the time your Membership is terminated. Certain services may require termination charges, and you paid all such termination charges specified to you at the time you register for the service.

DeltaMediaPlayer.com may suspend or terminate your Membership at any time for any reason, with or without notice. Upon termination of your Membership, your right to use the Web site will immediately cease. If DeltaMediaPlayer.com terminates your Membership because you have breached this Agreement, you will not be entitled to any refund of unused subscription fees. All terms of this Agreement that by their nature may survive termination of this Agreement shall be deemed to survive such termination.


12.Copyright and Trademark Notices

All content on this Web site is owned, controlled or licensed by or to DeltaMediaPlayer.com and is protected by copyright and various other intellectual property laws. No part of the Web site or the Service may be copied, modified, published, transmitted, distributed, performed, displayed or sold in any way without the prior written consent of DeltaMediaPlayer.com.

All trademarks appearing on this Web site, whether or not appearing in large print or with the trademark symbol, are the property of DeltaMediaPlayer.com or their respective owners. The use or misuse of these trademarks or any materials, except as expressly permitted herein, is prohibited, and nothing stated or implied on this Web site confers on you any license or right under any patent or trademark of DeltaMediaPlayer.com or any third party.


13. Privacy

Use of the Web site and/or the Service is also governed by our Privacy Policy.


14. Disclaimer of Warranties

This Web site and the service are provided "as is", with all faults and as available, and the entire risk as to satisfactory quality, performance, accuracy, and effort is with you. DeltaMediaPlayer.com makes no representation or warranty of any kind whatsoever relating to the web site, or other content or websites that may be accessible directly or indirectly through this web site to the maximum extent permitted by law, DeltaMediaPlayer.com disclaims any and all such representations and warranties, including without limitations:

  • Warranties of merchantability or fitness for a particular purpose;
  • Warranties against infringements of any third party intellectual property or proprietary rights;
  • Warranties relating to the transmission or delivery of the website;
  • Warranties relating to the accuracy, reliability, correctness or completeness of data;
  • Warranties otherwise relating to performance, nonperformance, or other acts by DeltaMediaPlayer.com or any third party;

DeltaMediaPlayer.com makes no warranties or representations, express or implied, that the information provided through the web site or the service will be free from error, interruption, defect, or delay in operation, or from technical inaccuracies or typographical errors; that the web site or the service will be available at any particular time or location; that defects or errors in the web site or the service will be corrected; or that the content available through the web site or the service is free of viruses or other harmful components. Any information on this web site is subject to change without notice, and we disclaim all responsibility for these changes.

DeltaMediaPlayer.com makes no warranties or representations relating to third-party content or linked websites or resources, and you assume total websites or resources, and you assume total responsibility for your use of such content, website or resources.


15. Limitation of Liability

In no event will DeltaMediaPlayer.com be liable to you or any third person for any direct, indirect, incidental, consequential, exemplary, special or punitive damage, including lost profits arising out of your access, use, misuse or inability to use this website or the service, even if DeltaMediaPlayer.com has been advised of the possibility of such damages. In addition, DeltaMediaPlayer.com expressly disclaims any and all liability related to, arising from, or connected with any third-party content or linked websites or resources.

Notwithstanding anything to the contrary contained herein, DeltaMediaPlayer.com's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to DeltaMediaPlayer.com during the term of membership. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, DeltaMediaPlayer.com's liability in such jurisdictions shall be limited to the extent permitted by law.


16. Indemnification

You agree to indemnify and hold DeltaMediaPlayer.com, its subsidiaries, affiliates, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorneys. Fees, made by any third party due to or arising out of your use of the Web site or the Service, your violation of this Agreement, or your violation of any rights of another.


17. Notice of Copyright Infringement

DeltaMediaPlayer.com respects the intellectual property of others, and we ask our Members and visitors to do the same. If you believe that your work has been copied and is accessible on this Web site in a way that constitutes copyright infringement, please provide DeltaMediaPlayer.com's Copyright Agent with the following information:

a) an electronic or physical signature of the owner of the copyright or a person authorized to act on the owner's behalf;

b) identification of the copyrighted work claimed to have been infringed;

c) identification of the allegedly infringing material on the Web site that is requested to be removed;

d) your name, address, telephone number and E-mail address;

e) a statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law; and

f) a statement, made under penalty of perjury, that the information in the notification is accurate and that the signatory is the copyright owner or a person authorized to act on behalf of the copyright owner.


18. Choice of Law and Forum

Jurisdiction of the courts of the Emirate of Ras Al-Khaimah


19. Electronic Contracting; Access and Retention

By clicking on the "Accept" button below, you indicate your acceptance of this Agreement and the terms, conditions and notices contained or referenced herein. This action creates an electronic signature that has the same legal force and effect as a handwritten signature, indicating your consent to enter into a legally binding contract.

By clicking on the "Accept" button below, you consent to have this Agreement provided to you in electronic form. In order to access and retain this electronic Agreement, you must have access to the Internet, either directly or through devices that access Internet-based content, and pay any service fees associated with such access. In addition, you must use all equipment necessary to make such connection to the Internet, including a computer and modem or other access device. Please print a copy of this Agreement for your records. To retain an electronic copy of this Agreement, you may save it into any word processing program.


20. No Waiver

The failure of DeltaMediaPlayer.com to enforce any provisions of this Agreement or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of this Agreement or to act with respect to similar breaches.


21. Assignment

We may assign this contract at any time without notice to you. You may not assign this contract to anyone else.


22. No Third Party Beneficiaries

You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.


23. Export Controls

You may not use, export or re-export any content, software or other materials from this Web site in violation of any applicable laws or regulations, including without limitation United Arab Emirates  export laws and regulations.


24. Void Where Prohibited

Not all features, products or services offered through this Web site are appropriate or available to all persons or in all geographic locations. DeltaMediaPlayer.com reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Web site is void where prohibited.


25. Integration and Severability

Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and DeltaMediaPlayer.com and governs your use of this Web site and the Service. If any portion 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 intention of the parties, and the remainder of this Agreement shall continue in full force and effect.
By clicking on the "I accept" , I acknowledge that I am electronically signing this agreement and agreeing to be legally bound by all of the terms, conditions and notices contained or referenced herein.