Terms of Service

Welcome to Raaga.com,

Raaga.com and its associated sub domains, including but not limited to, play.raaga.com  (collectively, the "Site") provide a free platform for the discovery and promotion of music, the sharing of information and comments about music, communication with other users, the posting, broadcasting, syndication of, and linking to or uploading of User Content (defined below), social networking, the Application Programming Interface (the "API") and other features, functions, and services (collectively, the "Service"). The Service includes the cataloging, indexing, sharing, broadcasting and streaming of User Content.

This Terms of Service agreement along with any other terms, guidelines, or rules associated with the service, including without limitation, the Artist Profile Terms, Privacy Policy, DMCA Policy and the API License (this "Agreement"), which are incorporated herein by reference, set out the legally binding terms between you, the user of the Service ("User"), and RAAGA. By using our Services, you are consenting to be bound and abide by this Agreement. Please read this Agreement carefully, we may change our policies at any time, please check here often for updates. It is your responsibility to keep up to date with, and adhere to, the policies posted here.

This Agreement applies to all Users of the Service who use, listen to or share audio content and/or its associated metadata, information and other materials or services on the Service, regardless of whether such Users are using the Service anonymously or as registered Users.

Summary:

• You are responsible for protecting your account.
• The Service is for personal use only.
• Do not abuse the Service, and do not upload, share or otherwise exploit any content on the Service without the proper authorizations.
• You must be 18 years old or older to use the Service.
• Do not use the Service if you do not agree to be bound by this Agreement, which may be updated from time to time. Your use of the Service means you agree to comply with this Agreement.

• Modification and Termination
• Account Registration
• Use of the Service
• Privacy
• Intellectual Property Rights
• Storage and Limits
• User Content
• Royalties
• Digital Millennium Copyright Act
• DMCA Takedown Notifications
• International
• Representations and Warranties
• Disclaimer
• Disclaimer of Warranties and Limitation of Liability
• About these Terms
• Limitation of Liability
• Our Services & Paid Subscriptions
• Codes and other pre-paid offers
• Trials
• Service limitations and modifications
• Refunds, cancellations, and cooling off

Modification and Termination

RAAGA may change, add to, remove, suspend or discontinue any aspect of the Service at any time. Unless explicitly stated otherwise, any new features that enhance the current Service, including the release of new RAAGA properties, shall be subject to this Agreement. Further, to keep this Agreement up to date with the Service, RAAGA may, at its sole discretion, change or modify this Agreement at any time by posting such changes on the Site or otherwise notifying you, and by continuing to use the Service you agree to be bound by such changes or modifications.

RAAGA may terminate this Agreement at any time for any reason.

Account Registration

Though it is not required to create an account to access the Service, in order to access certain features of the Service you may be required to register for a RAAGA account. Upon completing the registration process, you will receive an account designation. You agree to provide true, accurate, current and complete information about yourself as prompted by the Site's registration form (such information being the "Membership Data") and maintain and promptly update the Membership Data to keep it true, accurate, current and complete. If you do not, or RAAGA has reasonable grounds to suspect that you have not, RAAGA may suspend or terminate your account.

You shall not provide a false email address, impersonate any person or entity, or otherwise mislead as to any Membership Data or User Content. You shall not post any information about yourself or your identity that you do not want to be displayed on the Site and made available to the public (such as telephone numbers or street addresses). We may use the Membership Data and certain other information you provide in accordance with our Privacy Policy.

You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your account. You agree to immediately notify RAAGA of any unauthorized use of your account or any other breach of security. RAAGA cannot and will not be liable for any loss or damage arising from your failure to protect your account.

If you choose to subscribe to the RAAGA service, your payment to RAAGA will automatically renew at the end of the subscription period until you cancel your recurring subscription by updating your account settings or emailing support@raaga.com. The cancellation will take effect the day after the end of the current subscription period. You agree to pay all fees and charges associated with your subscription on a timely basis. All such fees and charges (including any applicable taxes or fees) will be charged to the credit card or account you have provided. RAAGA reserves the right to adjust pricing for the RAAGA service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise covered by these Terms, any price changes to your subscription will take effect following prior notice to you.

We may offer a number of subscription plans, including special promotions or subscriptions with differing conditions and limitations. Any materially different terms from those described in these Terms will be disclosed at your sign-up or in other communications made available to you. Generally, your promotional rate or free trial will last for the time specified on the promotion or during sign-up, and at the expiration of such promotional period or free trial, your subscription will automatically renew (per prior disclosure to you) at the standard pricing RAAGA has established at that time. Promotional rates and free trials are only available for new customers unless RAAGA explicitly states otherwise, and RAAGA reserves the right to determine your promotional rate or free trial eligibility.

Use of the Service

RAAGA grants you a limited, revocable and nonexclusive license to access and make personal use of the Service. As a registered User, you may use the Service to: (i) create your own music playlists for you and other Users of the Service to access by streaming; (ii) upload content you own to the Site's servers, which will be available to you and all other Users of the Service; (iii) follow and interact with other Users and artists on the Service; and (iv) create a broadcast of your favorite songs/playlists which other Users of the Service may tune-in to. You agree not to download (other than page caching) or modify the Service, or any portion of it or content contained in it, except with RAAGA's prior express written consent. Any audio work made available via the Service is intended for Streaming only. For purposes of this Agreement, Streaming means the digital transmission of an audiovisual work via the Internet from the Service to a User's device in such a manner that the data is intended for real-time listening and not intended to be copied, stored or permanently downloaded by the User. Accessing any audio work for any purpose or in any manner other than Streaming and/or broadcasting is expressly prohibited. This license does not include any resale or commercial use of the Site, the Service, or its contents, or any downloading or copying of account information for the benefit of yourself or any third-party. The Service is for personal use only and may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose except those that may be specifically endorsed or approved in advance by RAAGA in writing. You may not authorize any third party to use your account. Use of any automated script, program, and or mechanism to collect, scrape, retrieve, and or gather any information and or User Content from the Service is strictly prohibited without prior written consent from RAAGA.

If we find you are making illegal and/or unauthorized use of the Service, including without limitation, collecting usernames, email addresses or User Content for any wrongful purpose, or are otherwise violating this Agreement, we may investigate you and/or take any other appropriate action against you. RAAGA reserves the right to remove without notice any commercial advertisements, affiliate links, and other forms of solicitation or spam, which may result in termination of you account and/or Site use privileges.

You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, content, music, text, page layout, or form) of RAAGA and our affiliates or other Users. You may not use any meta-tags or any other hidden text utilizing RAAGA's name or trademarks without the express written consent of RAAGA. Any unauthorized use terminates the permission or license granted by RAAGA. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the Service so long as the link does not portray RAAGA, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any RAAGA logo or other proprietary graphic or trademark as part of the link without RAAGA's advanced express written permission.

You will NOT misuse the Service by, including without limitation:

• Interfering with, manipulating, or taking any actions that may undermine the integrity of the Service or any system or algorithm used on the Service;
• Interfering with or disrupting the Service or servers or networks connected to the Service, or disobeying any requirements, procedures, policies or regulations of networks connected to the Service;
• Impersonating or misrepresenting your affiliation with any person or entity;
• Collecting or storing personal data or information about other Users;
• Harassing, abusing, or harming another User;
• Contacting, soliciting, or selling to any other User without their prior explicit consent;
• Reverse engineering or decompiling any elements of the Service;
• Using any meta tags or other hidden texts or metadata, or utilizing RAAGA's trademark, logo URL or product name without RAAGA's prior written consent;
• Employing or embedding any third party advertising, sponsorships, donation links or promotions on or within your User Content or broadcast;
• Selling or assigning your RAAGA account or broadcasting station for your personal profit;
• Employing third party sites or tools to automatically generate artificial subscribers, listeners or views; or Encouraging or enabling any other individual to do any of the foregoing.

Without limiting other remedies, if RAAGA finds, in its sole discretion, that you have violated this Agreement or misused the Service in any way, RAAGA may warn Users of your actions, issue a warning, and/or temporarily or indefinitely suspend or terminate your account and refuse to provide the Service or any part of the Service to You.

You are solely responsible for your interactions with other Users of the Service. RAAGA reserves the right, but has no obligation, to monitor disputes between you and other Users.

Privacy

Your privacy is very important to RAAGA. Please review our Privacy Policy, which also governs your use of the Service, to understand our practices. By using our Service, you agree that RAAGA may use data in accordance with our Privacy Policy

Intellectual Property Rights

It is hereby declared that the content available through the Service is the sole and exclusive property of Raaga or its Licensors and is protected by copyright and intellectual property laws. Intellectual Property Rights for the purpose of this Agreement shall always mean and include copyrights whether registered or not, patents including rights of patents filing, trademarks, trade names, trade dresses, collective marks, house marks, associate marks and the right to register them, industrial and layout designs, geographical indicators, broadcasting rights, displaying rights, distribution rights, moral rights, selling rights, abridged rights, translating rights, performing rights, reproducing rights, adapting rights, communicating rights, protected rights, circulating rights, joint rights, reciprocating rights, infringement rights and all other special rights conferred as a result of the Berne Convention, 1979 individually as a result of prospective local laws in accordance with the Convention and the Trade Related Aspects of Intellectual Property Rights Agreement of the World Trade Organization. All those intellectual property rights arising as a result of domain names, internet or any other form of an electronic and technological law shall also vest in the domain of Raaga. The Parties hereto agree and confirm that no part of any intellectual property rights mentioned hereinabove is transferred in the name of user and any intellectual property rights arising as a result of these presents shall also be in the absolute ownership, possession and control of Raaga.

Your request to license a track by downloading is personal to you, and the track may not be used, sold,, transferred, licensed, rented or otherwise provided to any other user. License to downloaded tracks include only those rights explicitly stated in the Service i.e. right to play back for your own personal use from your personal computer, CD player, digital player, or other electronic device, and do not include the right to create a derivative work, to make copies other than for your own personal use, or to use the track in any commercial manner.

You shall notify Raaga in writing upon your discovery of any unauthorized use or infringement of the Service, its contents or Raaga's patent, copyright, trade secret, trademarks or other intellectual property rights. The Service contains confidential and proprietary information that is protected by copyright laws and international treaty provisions.

Storage and Limits

You acknowledge that RAAGA may, at its sole discretion, impose limits on certain features and services or restrict your access to the Service, or any portion of it, with or without notice to you. You agree that RAAGA has no responsibility or liability to you or any third party for the blocking, limiting, deletion or failure to store any User Content maintained or transmitted by the Service. You acknowledge that RAAGA reserves the right to limit, suspend or terminate accounts for any reason. You further acknowledge that RAAGA reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

User Content

Please choose carefully the words, information, content, comments, messages, text, files, images, photos, videos, music, sounds, profiles, works of authorship or any other materials you post, upload, broadcast, link to, publish, display or otherwise make available on the Site or through the Service and any such content that you provide or make available to other Users (collectively, "User Content"). You are responsible for all of your User Content, as set forth below.

For clarification purposes, you retain all of your ownership rights in your User Content. However, unless RAAGA indicates otherwise, by submitting User Content to the Service you grant RAAGA and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, display, perform, reproduce, publish, and distribute such User Content throughout the world via the Service. You also grant each User of the Service a nonexclusive license to access your User Content through the Service, and to use, reproduce, distribute, display, broadcast and perform such User Content as permitted through the functionality of the Service and pursuant to this Agreement. You grant RAAGA and its affiliates the right to use the name that you submit in connection with such User Content.

RAAGA may, at any time and with or without notice, insert and/or place sponsored songs, artists or other third party advertisements within User queues, playlists, radio stations and/or broadcasts.

RAAGA reserves the right, in its sole discretion, to reject, refuse to post, link to, or remove any User Content, or to restrict, suspend, or terminate your access to all or any part of the Service at any time, for any or no reason, with or without notice, and without liability. RAAGA has the right but not the obligation to remove or edit User Content, but does not regularly review User Content. You acknowledge that information or User Content provided by other Users may contain inaccurate, inappropriate or offensive material, products or services, and RAAGA assumes no responsibility or liability for any User Content.

By uploading User Content to the Service, you agree to allow RAAGA to use your User Content and trademarks, service marks, logos and other identifying marks ("Marks and Names") associated with your User Content, to promote (i) User Content and the Services, and (ii) RAAGA's relationship with you and any associated labels and distributors. In addition, RAAGA may include your Marks and Names in RAAGA's advertising, publicity and promotional materials. RAAGA's use of your Marks and Names will not create any right, title or interest in or to your Marks or Names, and all such use and goodwill associated therewith will inure solely to your benefit, as the case may be. You are solely responsible for any necessary payments that may become due to third parties as the result of your uploading, posting of or linking to the User Content and RAAGA's use thereof.

You will not submit User Content to the Service that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable. Prohibited User Content includes, but is not limited to, content that:

• Is obscene, patently offensive, or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
• Harasses or advocates harassment of another person;
• Involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
• Consists of information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
• Consists of an illegal or unauthorized copy of a copyrighted work, such as sound recordings, musical compositions and videos in which you do not own the copyright (including CDs and tracks you may have purchased), unless you are otherwise legally entitled or have the necessary authority or permission from the copyright owner(s) to submit the content and to grant to RAAGA all of the license rights granted herein;
• Consists of computer programs or links to them or provides information to circumvent manufacturer-installed copy-protect devices;
• Contains restricted or password-only access pages or hidden pages or images (those not linked to or from another accessible page);
• Provides material that exploits anyone in a sexual or violent manner, or solicits personal information from anyone;
• Provides instructional information about illegal activities, such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
• Solicits other Users' passwords or personally identifiable information for commercial or unlawful purposes;
• Involves commercial activities and/or sales without RAAGA's prior written consent, such as contests, sweepstakes, barters, advertisements, or pyramid schemes; or
• Uses sexually suggestive imagery or any other unfair, misleading or deceptive content intended to draw traffic to the profile.

RAAGA reserves the right to investigate and take appropriate legal action against anyone who violates this provision, including without limitation, removing the offending User Content from the Service and/or terminating the membership or account of any violators.

Royalties

By submitting User Content to the Service, you understand that it will be available to anyone in the world for streaming, broadcasting and viewing, That User Content submitted may be used by RAAGA for promotional and/or commercial purposes and that RAAGA will not be liable for any royalties to you or any other rights-holder of the User Content. If you are interested in receiving royalties for the Streaming of your User Content on the Site, please email support@raaga.com for more information. You understand that User Content may remain on the Service indefinitely; however, if you want to remove User Content that you have uploaded, you may contact us at support@raaga.com and we will assist in its removal.

When applicable, as between the parties, you shall bear all responsibility for securing, administering and paying, on a timely basis: (i) all publishing rights and royalties (including without limitation, synchronization fees owed to publishers or other applicable entities that own or control the copyrights to musical compositions), (ii) all record royalties and license fees due to any artists, producers or other third-parties and all union, guild or other third party fees that may be required by contract or the Copyright Act by virtue of the use, copying and distribution of the User Content via the Service pursuant to this Agreement, and (iii) all publishing rights due to any songwriters, composers, authors, publishers or third-parties that may be required by contract or the Copyright Act by virtue of the use, copying and distribution of the User Content via the Service pursuant to this Agreement. Furthermore, you shall bear sole responsibility for securing, administering and paying, on a timely basis, all public performance royalties for the User Content you submit to the Service.

Digital Millennium Copyright Act

RAAGA respects the intellectual property of others, and we ask our Users to do the same. The Service operates as a user generated content hosting platform, and we strictly abide by the processes set forth in the U.S. Digital Millennium Copyright Act ("DMCA"). Should RAAGA discover or be informed that you have posted User Content for which you do not personally own the copyright or otherwise do not have the necessary authority from the copyright holder, RAAGA will take all necessary steps to rectify your noncompliance, including without limitation, disabling your ability to upload User Content to the Service. Should your ability to upload User Content to the Service be disabled and/or your account be terminated, RAAGA may attempt to notify you via the email address you submitted upon registration for the Services.

Should RAAGA discover or be informed that you continue to upload User Content for which you do not personally own the copyright or otherwise do not have the necessary authority from the copyright holder after RAAGA has made reasonable efforts to disable your ability to do so, you will be considered a repeat infringer, and RAAGA may terminate your account and delete all data associated with your account, remove all of the User Content you have uploaded/submitted to the Service and use reasonable efforts to prohibit you from signing up for another User account in the future.

DMCA Takedown Notifications

If you believe that your work has been uploaded, copied or used by a User in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide RAAGA's copyright agent with a DMCA takedown notice containing the following information (a "Notice"): (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (2) a description of the copyrighted work or other intellectual property that you claim has been infringed; (3) a hyperlink URL to the specific material that you claim is infringing on the Service (please note, providing a song, artist, or album name is not sufficient; you must provide a unique hyperlink URL to each item of material that you claim is infringing on the Service); (4) your address, telephone number, and email address; (5) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner's behalf. Any Notice of claims of copyright or other intellectual property infringement must be sent to support@raaga.com

Please note that this procedure is solely for notifying RAAGA that you believe a User improperly uploaded your copyrighted material to the Service.

International

RAAGA is a U.S. service, operated from U.S. servers and offices, in accordance with U.S. laws, including but not limited to, the DMCA. You agree that you will not use the Service or export any portion of the Service, including the User Content, in violation of U.S. export regulations. You are responsible for adhering to all relevant local and national laws wherever you are.

Third-Party Content, Links and Syndication

The Service may contain links to third party websites that are not owned or controlled by RAAGA. RAAGA is not responsible for any User Content, third-party content, syndicated content, applications, services, advertisements, and/or links that may be contained in the Service. RAAGA has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party websites. By using the Service, you expressly relieve RAAGA from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Site and to read the terms and conditions and privacy policy of each other website that you visit. Any correspondence, business dealings with, syndication, linking or participation in promotions of third parties found on or through the Service, including payment or delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third parties.

Representations and Warranties

You represent and warrant that you have the full authority to act on your behalf and on behalf of any and all owners of any right, title and interest in and to any User Content you post, submit, transfer, make available, or link to. You represent and warrant that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in this Agreement, and to abide by and comply with this Agreement and have obtained all necessary third party consents, approvals, authorizations, licenses and permissions necessary to enter into and fully perform your obligations herein. By using the Service you affirm that you are over the age of 18, as the Service is not intended for children and adolescents under 18. If you are under 18 years of age, then please do not use the Service. Your membership or access to the Service may be deleted or blocked without warning if it is found that you are misrepresenting your age.

You represent and warrant that you are solely responsible for all User Content posted, uploaded, published, made available or displayed through your account, and for your interactions with other Users. You are solely responsible for your own User Content and the consequences of posting or publishing it. In connection with User Content, you affirm, represent, and warrant that: (i) you own or have, and will own or have during the term the necessary licenses, rights, consents, and permissions to use and authorize RAAGA to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Content to enable inclusion and use of the User Content in the manner contemplated by the Service and this Agreement; (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Content in the manner contemplated by the Service and this Agreement; (iii) you will be responsible for the payment of any and all royalties required by any composer, publisher or owner of the underlying musical composition(s) embodied in the User Content, all license fees, and all record royalties to artists and all union, guild or other third-party fees that may be required by contract or the Copyright Act that may be due by virtue of the exploitation of the User Content through the Service as authorized hereunder.

You represent and warrant that you shall not act in any manner that conflicts or interferes with any existing commitment or obligation of yours, and that no agreement previously entered into by you will interfere with the performance of your obligations under this Agreement. You represent and warrant that you will comply with any applicable laws, rules and regulations of any governmental authority.

You represent and warrant that you will not use the Service to upload, post, link to, email, transmit, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or any telecommunications equipment.

Disclaimer

Disclaimer of Warranties and Limitation of Liability

This website and all information, content, materials, products, software and services included on or made available to you through this website are provided by raaga.com on an "as is" and "as available" basis, unless otherwise specified in writing. Raaga.com makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, products, software or services included on or otherwise made available to you through this site, unless otherwise specified in writing. You expressly agree that your use of this website is at your sole risk.

Raaga.com disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose to the full extent permissible by applicable law. Raaga.com does not warrant that this site; information, content, materials, products, software or services included on or otherwise made available to you through this site; their servers; or e-mail sent from Raaga.com are free of viruses or other harmful components. Raaga.com will not be liable for any damages of any kind arising from the use of this site or from any information, content, materials, products, software or services included on or otherwise made available to you through this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.

Raaga.com makes no warranty or representation that any material, content, products or services displayed on or offered through the service are accurate, complete, reliable, appropriate and timely. We also make no warranties or representations that the service will meet your requirements and your access to and use of the service will be uninterrupted or error-free, free of viruses, malicious code, or other harmful components, or otherwise secure. Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to the user(s).

You agree that your use of the Raaga.com website shall be at your sole risk. To the fullest extent permitted by law, Raaga.com, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the website and your use thereof. Raaga.com makes no representations or warranties about the accuracy of this site's content or the content of any sites linked to this site and assumes no liability or responsibility for any (a) errors, mistakes, or inaccuracies of content, (b) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our website, (c) any unauthorized access to or use of our secure servers and any and all personal information and/or financial information stored therein, (d) any interruption or cessation of transmission to or from our website, (e) any viruses, bugs, trojan horses, or the like which may be transmitted to or through our website by any third party, and (f) any omissions or errors in any content or for any loss or damage of any kind incurred as a result of the use of any content emailed, transmitted, posted or otherwise made available through Raaga.com. Raaga.com does not endorse, warrant, guarantee, or assume responsibility for any product or service advertised or offered by a third party through Raaga.com or any hyperlinked website or featured in any banner or other advertising, Raaga.com will not be in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your own judgment and exercise caution.

Inclusion of any linked website on the Raaga.com website does not imply endorsement or approval of the linked website by Raaga.com. While you access these third-party sites, you do so at your own risk. Raaga.com takes no responsibility for third party advertisements which are posted on Raaga.com website or through the Raaga.com services, nor does it take any responsibility for the services or goods provided by its advertisers. Raaga.com is not responsible for the conduct, whether online or offline, of any user of the Raaga.com services. Raaga.com assumes no responsibility for any omission, error, interruption, defect, deletion, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any member or user communication. Raaga.com is not responsible for any issues or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the internet or on any of the Raaga.com services, including any injury or damage to users or to any person's computer related to or resulting from participation in connection with the Raaga.com services. Under no circumstances Raaga.com shall be responsible for any damage or loss, including personal injury or death, resulting from use of the Raaga.com services, from any content posted on or through Raaga.com services, or from the conduct of any users of the Raaga.com services, whether online or offline. The Raaga.com services are provided "as-is" and as available and Raaga.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Raaga.com cannot guarantee and does not promise any specific results from use of the Raaga.com services.

Legal Disclaimer for the consumer business website: Raaga.com disclaims all IPR rights vested in imageries which have been directly downloaded from the internet platforms or which have been used from open source platforms. Raaga.com's IPR rights remain restricted to the modifications, alterations, innovations, if any in the presentation style and graphical representation made with reference to the said imageries. All copyrights vested in the original imagery are the proprietary ownership and are assumed under the Copyright Laws to be in possession with the respective authors and artists who have created such imageries. The ownership rights vest in the authors and artists right from the date of conceptualization of such imagery. Raaga.com disclaims all rights which vest in the authors and artists responsible for creation of the imagery.

About these Terms

This Agreement and any additional terms, rules or regulations posted on the Service constitutes the entire agreement between you and RAAGA and govern your use of the Service, superseding any prior agreements between you and RAAGA. 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.

The failure of RAAGA to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.

The section titles in this Agreement are for convenience only and have no legal or contractual effect.

This Agreement and the relationship between you and RAAGA shall be governed by the laws of United States of America without regard to its conflict of law provisions. For all claims or causes of action arising out of this Agreement or your use of the Service, you and RAAGA agree to submit to the personal and exclusive jurisdiction of the courts located within Michigan. To the extent permitted by law, you agree that any claim or cause of action arising out of or related to use of the Service or this Agreement must be filed within one (1) year after such claim.

Limitation of Liability

In no circumstances shall Raaga or its licensors or any of their directors, officers, employees, agents or affiliates be liable for any, incidental, consequential, direct, indirect, special punitive, or other damages, whatsoever (Including, without limitation, damages for loss of business profits, loss of business information, business interruption, or other pecuniary loss) arising out of this subscription agreement or the use of or inability to use any service, even if Raaga has been advised of the possibility of such damages This is because some States /Jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, some of the above limitations may not apply to you. But they shall apply to the maximum extent permitted by Law. In no event shall Raaga or any of its licensors be liable for any damages in excess of the amount paid for the application or the specific item of content giving rise to the applicable claim for direct damages.

Our Services & Paid Subscriptions

Raaga provides streaming services offering a selection of music and other content. Certain Raaga services are provided to you free-of-charge. Other Raaga services require payment in advance. The Raaga services that may be accessed after payment are currently referred to as the "Premium Service" and the "Unlimited Service" ("Paid Subscriptions"). The Raaga service that does not require payment is currently referred to as the "Free Service".

The Unlimited Service may not be available to all users. Details of the services available will be provided when you are signing up for the services. If you cancel your subscription to the Unlimited Service, or if your subscription to the Unlimited Service is interrupted you may not be able to re-subscribe for the Unlimited Service. Please be informed that the Unlimited Service may be discontinued in the future, in which case you will no longer be charged for the Service.

Codes and other pre-paid offers

If you have purchased / received a code, gift card, pre-paid offer or any other offer provided or sold by or on behalf of Raaga for access to a Paid Subscription ("Code"), separate terms and conditions presented to you along with the Code may also apply to your access to the Service and you agree to comply with any such terms and conditions.

Trials

From time to time, we may offer trials of Paid Subscriptions for a specified period without payment or at a reduced rate ("Trial"). Raaga reserves the right, in its absolute discretion, to determine your eligibility for a Trial, and, subject to applicable laws, to withdraw or modify a Trial at any time without prior notice and with no liability, to the fullest extent permitted under the law.

For certain Trials, we may insist you to provide your payment details to start the Trial. At the end of such trials, We may automatically start to charge you for the applicable paid subscription on the next day following the end of the trial on a recurring monthly basis. By providing your payment details in conjunction with the trial, You agree to this charge using such payment details. If you do not want this charge, you must cancel the applicable paid subscription through your Raaga account's subscription page or terminate your Raaga account before the trial ends. If you do not want to continue to be charged on a recurring monthly basis, You must cancel the applicable paid subscription through your Raaga account's subscription page or terminate your Raaga account before the recurring monthly period comes to an end. Paid subscriptions cannot be terminated before the end of the period for which you have already paid, and except as expressly provided in these terms, Raaga will not refund any fees that you have already paid. The Limitation section sets forth additional terms regarding cancellation of your paid subscription.

Service limitations and modifications

Raaga will take reasonable efforts to keep the Raaga Service operational. However, due to certain technical difficulties or maintenance may result in temporary interruptions. To the extent permissible under applicable law, Raaga reserves the right, periodically and at all time, to modify or discontinue, temporarily or permanently, functions and features of the Raaga Service, with or without notice, all without liability to you, except where prohibited by law, for any interruption, modification, or discontinuation of the Raaga Service or any function or feature thereof. Notwithstanding the foregoing, if you have already paid fees for Paid Subscriptions that Raaga permanently discontinues prior to the end of the Pre-Paid Period (defined in the Payments, cancellations, and cooling off section), Raaga will refund you the fees for the Pre-Paid Period after such discontinuation. You understand, agree, and accept that Raaga has no obligation to maintain, support, upgrade, or update the Service, or to provide all or any specific content through the Service. This will be enforced to the fullest extent permissible by applicable law. Raaga and or the owners of any Content may, from time to time, remove any such Content without notice to the extent permitted by applicable law.

Payments

All payment made in India will be processed through our partner company Vanse Infotech Pvt Ltd, for all payment related queries please write to us at premium-support@raaga.com

Refunds, cancellations, and cooling off

Paid Subscriptions can be purchased either by paying monthly subscription fee or by pre-payment giving you access to the Raaga Service for a specific time period ("Pre-Paid Period"). If you have purchased a Paid Subscription using a Code, your Paid Subscription will automatically terminate at the end of the Pre-Paid Period, or when there is an insufficient pre-paid balance to pay for the Service.

When you register for a Paid Subscription, Trial or Code online you consent to get access to Raaga Premium immediately. If you reside outside the United States and register for a Paid Subscription or Code online, you may change your mind for any or no reason and receive a full refund of all monies paid within fifteen (15) days ("Cooling-off Period"). Refunds will not be provided if you have accessed Raaga at any time during the Cooling-off Period.

Unless your Paid Subscription has been purchased as a Pre-Paid Period, your payment to Raaga (or to a third party through whom you purchased the Paid Subscription) will automatically renew at the end of the subscription period, unless you cancel your Paid Subscription through your subscription page before the end of the current subscription period. The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the Free Service. However, if you cancel your payment or Paid Subscription and or terminate any of the Agreements (a) after you have accessed Raaga during the Cooling-off Period, or (b) after the Cooling-off Period is over or (c) before the end of the current subscription period, we will not refund any subscription fees already paid to us.

If you wish to receive a full refund of all monies paid before the Cooling-off Period is over, you must contact Customer Support.

Raaga may change the price for the Paid Subscriptions, Pre-Paid Period (for periods not yet paid for), or Codes from time to time, and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes for Paid Subscriptions will take effect at the start of the next subscription period following the date of the price change. As permitted by local law, you accept the new price by continuing to use the Raaga Service after the price change takes effect. If you do not agree with the price changes, you have the right to reject the change by unsubscribing from the Raaga Service prior to the price change going into effect. Hence please make sure you read such notification of price changes carefully.