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Pocket FM

Pocket FM: Terms & Conditions

Last Updated: May 2024

Pocket FM Private Limited and Pocket FM Corp. thank you for your interest in accessing and using the Service (as defined below). If ou reside in India, "Pocket FM", "we," "us," and "our" mean Pocket FM Private Limited and these terms of use (these "Terms of Use") constitute an agreement between you and Pocket FM Private Limited. If reside outside of India, "Pocket FM", "we," "us," and "our" mean Pocket FM Corp. and these Terms of Use constitute an agreement between you and Pocket FM Corp.

PLEASE CAREFULLY READ THESE TERMS OF USE AND THE PRIVACY POLICY LOCATED AT https://www.pocketfm.com/privacy-policy ("Pocket FM Privacy Policy") BEFORE USING THE SERVICE. THESE TERMS OF USE AND THE POCKET FM PRIVACY POLICY SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE LOCATED AT https://www.pocketfm.com (the "Site") AND THE SERVICES, FEATURES, CONTENT, APPLICATIONS AND WIDGETS OFFERED BY POCKET FM, INCLUDING, WITHOUT LIMITATION, THE SITE, POCKET FM APP AND POCKET NOVELS APP (COLLECTIVELY, AND INDIVIDUALLY THE "SERVICE").

  1. Acceptance of Terms of Use.
    1. By registering for, accessing, and/or using the Service in any manner, including but not limited to visiting or browsing the Site, you agree to be bound by all of the terms and conditions contained in these Terms of Use and all other operating rules, policies and procedures that may be published from time to time on the Site by Pocket FM, including the Pocket FM Privacy Policy which is incorporated herein by reference and which may be updated by Pocket FM from time to time in accordance with the terms set below in the "Modification of Terms of Use" section. Your use of the Service is governed by these Terms of Use and the Pocket FM Privacy Policy. In addition, some services offered through the Service may be subject to additional terms and conditions specified by Pocket FM from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference. These Terms of Use apply to all users of the Service, including, without limitation, users who are contributors of content, information, and other materials or services via the Service, individual users of the Service, venues that access the Service, and users that have a page on the Service. If you do not agree to all of the terms and conditions of these Terms of Use, you may not access and/or use the Service.
    2. You must be at least eighteen (18) years of age or have reached the age of majority under the applicable laws of the place where you reside, or, if you are not, you must obtain parental or guardian consent to access and/or use the Service. By accessing and/or using the Service, you affirm that you are at least eighteen (18) years of age or have reached the age of majority under the applicable laws of the place where you reside, or, if you are not, that you have obtained parental or guardian consent to enter into these Terms of Use. If you are not of legal age to enter into these Terms of Use or have not obtained parental or guardian consent to enter into these Terms of Use, then you may not access and/or use the Service or any part thereof.
  2. Privacy. Pocket FM's collection, use, and disclosure of user information are subject to the terms and conditions of the Pocket FM Privacy Policy, which explains, among other things, how Pocket FM collects, uses, and stores your personal information. Your submission of information through or in connection with the Service is governed by the Pocket FM Privacy Policy. To the extent that you submit any personally identifiable information to any third party in connection with the Service, please note that (a) such third party's collection, use, and disclosure of such information will be governed by its own privacy policy, and (b) we are not responsible for the information collection, usage, and disclosure practices of such third party or any other third parties.
  3. Access. Subject to these Terms of Use, Pocket FM may offer to provide the Service, as described more fully on the Site, and which are selected by you, solely for your own use, and not for the use or benefit of any third party. Services shall include, but not be limited to, any services Pocket FM performs for you, any applications or widgets offered by Pocket FM that you download from the Site or, subject to the terms set out under the "Third Party Sites and Services" section below, from third party application stores (e.g., Apple iTunes® store, or Google Apps Marketplace) authorized by Pocket FM, as well as the offering of any materials displayed or performed on or through the Service (including Content (as defined below)).
  4. Registration and Eligibility.
    1. Before you can access the Site, view Content and use the Service, you are required to register with Pocket FM and create an account. To create an account, you must be at least eighteen (18) years old or have reached the age of majority under the applicable laws of the place where you reside, or at least thirteen (13) years old and have your parent's or legal guardian's permission to register with Pocket FM. You represent, warrant and covenant that you will provide Pocket FM with true, accurate and complete registration information (including, but not limited to, a user name ("User Name"), country of residence, date of birth, e-mail address and/or mobile telephone number, and a password) and to keep your registration information accurate, up-to-date and secure. Failure to do so shall constitute a breach of these Terms of Use, which may result in immediate termination of your Pocket FM account. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE INFORMATION OR OTHER INFORMATION PUBLICLY AVAILABLE THROUGH OR IN CONNECTION WITH YOUR ACCESS TO AND/OR USE OF THE SERVICE, YOU DO SO AT YOUR OWN RISK. You shall not:
      1. Create any account for anyone other than yourself without such person’s permission.
      2. Use a username that is the name of another person with the intent to impersonate that person.
      3. Use a username that is subject to any rights (including Intellectual Property Rights (as defined below)) of another person unless and until you obtain such other person’s express authorization for such use.
      4. Use a username that is a name that is offensive, vulgar, obscene or otherwise unlawful.
      5. Use a username that Pocket FM rejects for any other reason in its sole and absolute discretion.
    2. Pocket FM reserves the right, in its sole and absolute discretion, to refuse registration of, or cancel a User Name. You are solely responsible and liable for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your Pocket FM password. You shall never use another user's account without such other user's prior express permission. You may not sell, transfer, or allow others to access and/or use your account. You will immediately notify Pocket FM in writing of any unauthorized use of your account, or other account related security breach of which you are aware. It is important that you remember your password, and that you provide answers to security questions for your account. If you forget your username and password and have not provided us with any answers to security questions, you may not be able to access and use your account. We reserve the right, in our sole and absolute discretion to suspend and/or terminate your account and restrict your access to the Service if you do not comply with these Terms of Use, the Pocket FM Privacy Policy, the Coins Terms of Use, and/or any other terms and conditions that may apply to your access and/or use of the Service. If your account is suspended, Pocket FM may request that you provide further verification of your identity, for example, by responding to an email or a text message, before your account may be reactivated. Pocket FM is not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations. You acknowledge and agree that you (and not Pocket FM) are responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment, and services needed to access and use the Service, and for paying all charges related thereto. You represent and warrant that if you are an individual, you are of legal age to form a binding contract, or that if you are registering on behalf of an entity, that you are authorized to enter into, and bind the entity to, these Terms of Use and register for the Service. The Service is not available to individuals who are younger than thirteen (13) years old and in no event, to individuals who are not competent to contract as per the laws applicable in their jurisdiction. If you are a minor, you agree to access the Service only under the supervision of your parent or guardian. Pocket FM may, in its sole and absolute discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time.
    3. You are solely responsible for ensuring that these Terms of Use are in compliance with all laws, rules and regulations applicable to you and the right to access the Service is revoked where these Terms of Use or use of the Service is prohibited and, in such circumstances, you agree not to use or access the Site or Services in any way.
    4. If you use a mobile device or smartphone, please be aware that your carrier's normal rates and fees, such as text messaging and data charges, will still apply. In the event you change or deactivate your mobile telephone number, you agree that you will update your account information on the Services within forty-eight (48) hours to ensure that your messages are not sent to the person who acquires your old number.
    5. Pocket FM will retain the registration information collected from a User for a period of 180 (one hundred and eighty) days from the date of deletion, cancellation or withdrawal of registration by the User or for such other time period as may be required under the applicable laws.
  5. Children Under the Age of 13. The Site is a general audience website and is not directed to children under the age of thirteen (13). We do not knowingly collect via the Service any personally identifiable information from children under the age of thirteen (13).
  6. Pocket FM Content.
    1. Pocket FM and its licensors are the sole and exclusive owner of all copyrights, trademarks, patent rights, trade secret rights, know-how, and all other intellectual property or proprietary rights (collectively, "Intellectual Property Rights") in the Service and the Content (as defined below). The Service and the Content are licensed, not sold, to users. Subject to your acceptance of and continued compliance with all the terms and conditions of these Terms of Use, during the period of time that you have an account for the Service, or for a shorter period of time (as determined by Pocket FM), Pocket FM grants you a limited, personal, worldwide, revocable, non-exclusive, non-sublicensable and non-transferable license to access, view and listen to the Content, solely for personal, non-commercial use in accordance with each of the restrictions and limitations set forth in these Terms of Use. Any use of any Content for other than personal, non-commercial use is expressly prohibited without prior written permission from Pocket FM, or from the copyright holder identified in such Content's copyright notice, as applicable. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Service. You shall not use or exploit any Content in any way that violates any third party right. If you fail to comply with any of the terms or conditions set forth in these Terms of Use (including, without limitation, the grant of permission to use the Content and/or Service) will automatically terminate, whereupon you will immediately (a) cease using the Services, and (b) remove (i.e., uninstall and delete) the Pocket FM software and all Content from your computer systems, mobile phones and other devices. For purposes of these Terms of Use, "Content" means any and all information, data, text, photographs, audio files, video files, graphics, features, functionality and other materials made available on or through the Service.
    2. The Content will be made available to you through different modes, at Pocket FM's discretion, including via audio on demand basis for viewing at your discretion at a time chosen by you and download for offline access by You. In the case of downloadable Content, please note that: (a) the downloads are temporary in order to allow you to access/listen to the Content within a specified period of time and you shall not attempt to or actually make a permanent copy of the Content in any manner or form, and (b) not all Content may be available for download for offline access. Please note that the availability of, and your ability to access, the Content or some part of Services, (i) is subject to Pocket FM's sole and absolute discretion, (ii) may be dependent upon your geographical location, and (iii) is on the condition that not all Content or Services will be available to all viewers. On account of the nature of the Internet, this Site and the Services may also be accessed in various geographical locations; and you hereby agree and acknowledge that you are accessing this Site and availing of the Services, at your own risk, choice and initiative and you agree and undertake to ensure that your use of the Site and the Services complies with all applicable laws, including the local laws in your jurisdiction. Further, such Services and Content may vary from place-to-place, time-to-time and device-to-device and are subject to various parameters such as specifications, device, Internet availability and speed, bandwidth, etc. You agree and acknowledge that Pocket FM may monitor or use certain technologies for monitoring of activities, as separately explained in Pocket FM's Privacy Policy accessible at https://www.pocketfm.com/privacy-policy. To facilitate your listening and access, the Services can be packaged by Pocket FM through different models such as (1) free of charge which may include advertisements or commercials or (2) a pay-per-view model with or without advertisements/commercials or (3) with a combination of the foregoing on the Site. Note that some Content, when accessed, will show advertisements even in the pay-per-view model.
  7. Payments.
    1. You must be at least eighteen (18) years old or have reached the age of majority under the applicable laws of the place where you reside to make a purchase. If you are a minor, you must have your parent or guardian submit the payment information and authorize the transaction on your behalf. By submitting the payment information and making a purchase, you agree to pay all applicable transaction costs, including sales taxes, credits card fees, mobile carrier fees, etc.
    2. Some of the Content made available on the Site can be availed only by registered users ("Premium User") who opt to pay for such Content using one or more Payment Method(s) (as defined below). To become a Premium User, you may be required to provide certain personal information to Pocket FM and may be required to make payments of the applicable charges ("Premium Charges") through credit card, debit card, st card, Internet banking, e-prepaid wallet or other payment method accepted by Pocket FM "Payment Method(s)" that you opted for during registration. Pocket FM will be using third party payment gateways to process and facilitate the payment of your Premium Charges. Pocket FM reserves the right to add or remove any method of payment at any time in its sole and absolute discretion.
    3. Pocket FM shall have the discretion to make Content available to you on not more than one user device concurrently.
    4. Any personal data whether provided by you as a part of the payments process, or collected automatically when you use the Service will be governed by Pocket FM's Privacy Policy accessible at https://www.pocketfm.com/privacy-policy.
    5. You also understand and acknowledge that Pocket FM only facilitates the third-party payment gateway for processing of payments. This facility is managed by the third-party payment gateway provider and you are required to follow all the terms and conditions of such third-party payment gateway provider. By submitting payment information, you grant Pocket FM the right to provide such information to third parties for purposes of facilitating the completion of payment transactions initiated by you or on your behalf. Verification information may be required prior to the acknowledgement or completion of any payment transaction.
    6. You agree to pay all fees, payments and applicable taxes relating to the Services incurred by you or anyone else using your account. You are responsible for the accuracy and authenticity of the payment information provided by you, including the account number and other details and any other information requested during the payment process. You represent and warrant that you have the right to use any and all payment information that you submit. You agree and acknowledge that Pocket FM shall not be liable and in no way be held responsible for any losses whatsoever, whether direct, indirect, incidental, punitive or consequential, including without limitation any losses due to delay in processing of payment instruction or any credit card fraud.
    7. You can file any complaint related to payment processing on the Site and the same will be forwarded to the concerned third-party payment gateway provider for redressal.
    8. Upon payment being received by Pocket FM through any of the Payment Methods, Pocket FM shall make the relevant Content available to you through any of the approved modes of delivery that Pocket FM adopts.
    9. Pocket FM reserves the right to change, suspend, terminate or otherwise amend the Content pricing, in its sole and absolute discretion and at any time. Any such change, suspension, termination and/or amendment shall be effective upon posting on the Site and your continued use of the Service thereafter shall be deemed to be your conclusive acceptance thereof. Under no circumstance will Pocket FM be liable for any claim that relates to or arises out of any such change, suspension, termination and/or amendment.
    10. Pocket FM reserves the right to change, supplement, alter, suspend or remove any of the Content in its sole and absolute discretion. Pocket FM does not guarantee the availability of specific Content or a minimum amount of Content. Any such change, supplement, alteration, suspension and/or removal shall be effective upon posting on the Site and your continued use of the Service thereafter shall be deemed to be your conclusive acceptance thereof. Under no circumstance will Pocket FM be liable for any claim that relates to or arises out of any such change, supplement, alteration, suspension and/or removal.
  8. Restrictions on Use. You are solely responsible for any violation of any applicable laws that results from your failure to abide by these Terns of Use. You hereby agree not to (a) rent, lease, timeshare, license, distribute, sublicense, or otherwise transfer any of the Content or Services, in whole or in part, as a standalone product, in conjunction with other products, or otherwise, (b) make copies of the Content or Services, in whole or in part, except as necessary to install the Services on your smartphone or computer system in accordance with these Terms of Use, (c) reverse engineer, decompile, or disassemble any Services, in whole or in part, (d) create derivative works of or from any Content or Services, in whole or in part, (e) incorporate any Content or Services, in whole or in part, into any product or service, (f) use any Content or Service, in whole or in part, for commercial purposes, except as expressly permitted herein, and/or (g) remove, alter, or obscure any copyright, trademark, trade name or other proprietary notices, legends, symbols or labels that appear in any Content on Services, in whole or in part. All rights relating to any Content or Service not expressly granted to you hereunder are reserved to Pocket FM and its licensors.
  9. Shipping, Returns and Refunds Policy. To the extent permitted by applicable law, payments are non-refundable and we do not provide refunds or credits for any partial membership period or unused Content. Please visit the 'My Accounts' section to cancel your subscription at any time. Since our Content is provided digitally, the same is deemed to be delivered or "used" when such Content is made available to you. We do not offer shipping or returns on our Content.
  10. User Submissions.
    1. You are solely responsible for all User Submissions (as defined below) that you publicly post or submit to the Service or privately transmit or provide to Pocket FM. Pocket FM does not guarantee the authenticity of any User Submission(s). You acknowledge and agree that your use of any User Submission(s) is at your own risk and you will be solely responsible and liable for any damage or loss to you or any other party arising from your use thereof. Pocket FM reserves the right, in its sole and absolute discretion, to delete and/or block/suspend your access to all or any part of your User Submissions at any time, with or without cause, with or without notice, effective immediately. Accordingly, before you post or submit any User Submission to the Service, you should retain a copy of it. For purposes of these Terms of Use, the term "User Submissions" means any and all information, data, responses, text, photographs, audio files, video files, graphics and other materials uploaded to the Service by users.
    2. By publicly posting and/or submitting any User Submission(s) to the Service or privately transmitting and/or providing any User Submission(s) to Pocket FM, you hereby grant Pocket FM a worldwide, non-exclusive, royalty-free, fully paid, sublicensable (through multiple tiers) and transferable license to use, copy, edit, modify, reproduce, distribute, adapt (including, without limitation, the right to edit, modify, translate, and reformat), translate, prepare derivative works of, display, perform (whether publicly or otherwise), transmit, make, have made, sell, offer for sale, import, export, and otherwise fully exploit such User Submission(s) for any purpose whatsoever, commercial or otherwise, including, without limitation, in connection with the Site, the Service, third party websites, media platforms applications, and the businesses of Pocket FM and its affiliates, and its and their successors and assigns, including, without limitation, for marketing, advertising, promoting and redistributing part or all of the Site (and derivative works thereof) or the Service in any media formats and through any media channels (including, without limitation, third party websites and feeds) now known or hereafter devised. Also, you hereby grant each user of the Site and/or the Service, a non-exclusive license to access your User Submissions through the Site and the Service, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions in connection with their use of the Site, Service and Third Party Media. For clarity, the foregoing license grant to Pocket FM does not affect your other ownership or license rights in your User Submission(s), including the right to grant additional licenses to the material in your User Submission(s), unless otherwise agreed in writing with Pocket FM. To the extent permitted by applicable laws, you also give up any claim that any use by Pocket FM of your User Submissions violates any of your rights, including, but not limited to, moral rights, privacy rights, rights to publicity, proprietary or other rights, and/or require Pocket FM to afford you credit with respect to the materials or ideas set forth therein.
    3. For each User Submission, you represent and warrant that (a) you have all rights necessary to grant the licenses and rights that you grant under these Terms of Use without infringement, misappropriation or violation of any third party rights, including without limitation, any privacy rights, publicity rights, contract rights or Intellectual Property Rights, and (b) your provision of such User Submission complies with all applicable laws, rules, and regulations. You further irrevocably waive any "moral rights" or other rights with respect to the attribution of authorship or integrity of materials regarding each such User Submission that you may have under any applicable law or legal theory as well as any and all other claims that any use of such User Submissions violates any of your other rights including, but not limited to, your privacy rights, publicity rights and/or Intellectual Property Rights. For purposes of clarity, you retain all other Intellectual Property Rights that you may have in your User Submissions, subject to the rights and licenses granted in this Section 11.
    4. You acknowledge and agree that, subject to the Pocket FM Privacy Policy, we reserve the right (but have no obligation) to do any or all of the following, at our sole and absolute discretion: (a) monitor User Submissions and all other use thereof; (b) monitor the use of any Services; (c) alter, remove, or refuse to post or allow to be posted any User Submission(s); and/or (d) disclose any User Submission(s) (and the circumstances surrounding their transmission) and any information regarding your use of any Service to any third party (including our customers) in order to: (i) operate any Service; (ii) protect Pocket FM, our affiliates, our service providers and licensors, and ours and their shareholders, directors, officers, employees, agents, representatives, customers and users; (iii) comply with legal obligations or governmental requests; (iv) enforce these Terms of Use; and (v) engage in any other business activity. Pocket FM will also have the right, subject to the Pocket FM Privacy Policy, to extract, compile, synthesize, analyze, use and disclose any User Submission(s) (by itself or together with data and information of others) for the purpose of operating the Services, improving, enhancing and modifying our services and products, providing customized services or technologies to you, developing new services or products, and/or any other lawful business purpose without further disclosure or accounting to you.
    5. You hereby agree that Pocket FM is not and will not be liable for any errors or omissions in any User Submissions; and that Pocket FM cannot guarantee the identity of any other users with whom you may interact in the course of using the Service.
    6. You should be aware that the opinions expressed in User Submissions are not and do not reflect the opinions of Pocket FM. Pocket FM is not responsible for the accuracy (or inaccuracy) of any of the information supplied in User Submissions or in relation to any comments that are posted.
    7. You should bear in mind that circumstances change and that information that may have been accurate at the time of posting will not necessarily remain so.
    8. When you delete your User Submissions, they will be removed from the Service. However, you understand that any removed User Submissions may (a) persist in backup copies for a reasonable period of time (but following removal will not be shared with others) or (b) remain with users who have previously accessed or downloaded your User Submissions.
  11. Collection and Use of Information About Your Computer. We may collect certain information about your computer, such as the IP address, type of video card, size of hard drive, etc., and monitor the software and data on your computer, as reasonably necessary to assist us in optimizing the performance of the Service. We may also monitor the processes on your computer as reasonably necessary to detect unauthorized modifications to the Service.
  12. Rules of Conduct.
    1. As a condition of use, you promise not to use the Service for any purpose that is prohibited by these Terms of Use. You are responsible for all of your activity in connection with the Service.
    2. Additionally, you shall abide by all applicable local, state, national and international laws and regulations and, if you represent a business, any advertising, marketing, privacy, or other self-regulatory code(s) applicable to your industry.
    3. By way of example, and not as a limitation, you shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Service, including without limitation any User Submission, that:
      1. belongs to another person and to which the user does not have any right;
      2. is defamatory, obscene, pornographic, pedophilic, invasive of another’s privacy, including bodily privacy, insulting or harassing on the basis of gender, libelous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;
      3. is harmful to children;
      4. infringes any patent, trademark, copyright or other proprietary rights;
      5. violates any law for the time being in force;
      6. deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
      7. impersonates another person;
      8. threatens the unity, integrity, defense, security or sovereignty of India or the United States, friendly relations with foreign states, or public order, or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting other nation;
      9. contains software virus, corrupted data, trojan horse, bot, keystroke logger, worm, time bomb, cancelbot, or any other computer code, file or program designed to (1) damage, interrupt, destroy or limit the functionality of any computer resource, or (2) damage, detrimentally interfere with, surreptitiously intercept or mine, scrape or expropriate any system, data, or personal information;
      10. is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person;
      11. impersonates or misrepresents your affiliation with Pocket FM, our affiliates, our service providers, our licensors, and/or any other person, company, and/or group;
      12. posts, links, or transmits anything that infringes any patent, trademark, trade secret, copyright, or other Intellectual Property Rights of another person or company;
      13. deletes any other attributions, legal notices, or proprietary designations or labels that you upload to or through a Pocket FM communication feature;
      14. might interfere with or adversely affect the Service;
      15. attempts to disable or circumvent any measures that we use to prevent pr restrict access to our accounts, servers, databases, data, computers, and networks;
      16. arranges for the exchange and/or transfer of any pirated or illegal software and/or other property while using the Service;
      17. attempts to interfere with, hack into, or decipher and transmissions to or from the services from which the Service is operated;
      18. exploits any bug in the Service and to refrain from communicating the existence of any such exploitable bug (bugs that grant the user unnatural or unintended benefits), directly, indirectly, and/or through public posting, to any other user of the Service. Additionally, you agree to promptly report any such bug to Pocket FM;
      19. attempts to use the Service on any server that is not controlled or authorized by Pocket FM or its designees;
      20. creates, uses, or provides any server emulator or other site where any Service may be used, and to refrain from posting or distributing any utilities, emulators, or other software tools related to the Service without the express written permission of Pocket FM;
      21. posts, links, or transmits to any kind of unsolicited advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes" or any other form of solicitation;
      22. discloses your or any other person's personal information;
      23. interferes with, degrades, harms, or disrupts the operation of the Service, or the servers or networks sed to make such websites and services available, or violates any requirements, procedures, policies, or regulations of such networks;
      24. restricts or inhibits any other person from using the Site or Service (including, without limitation, by hacking, cracking, or defacing any portion of such websites or services); or
      25. reduces, copies, modifies, adapts, translates, sells, resells, makes available, links to, or exploits for any commercial purposes, any portion of, use of, or access to the Site or Service.
    4. Pocket FM does not guarantee that any Content or User Submissions will continue to be made available on the Site or through the Service. Pocket FM has no obligation to monitor the Site, Service, Content, or User Submissions. However, Pocket FM reserves the right to (a) remove, suspend, edit or modify any Content in its sole and absolute discretion including, without limitation, any User Submissions at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Pocket FM is concerned that you may have violated these Terms of Use), or for no reason at all and (b) remove, suspend or block any User Submissions from the Service. Pocket FM also reserves the right to access, read, preserve, and disclose any information or provide any assistance as Pocket FM believes is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request (within seventy-two (72) hours of such request or such other time period as may be required under the applicable laws), (ii) enforce these Terms of Use, including, without limitation, investigating potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Pocket FM, its users and the public. Under no circumstances will Pocket FM be liable for any claim that relates to or arises out of any change it makes to the Services. Pocket FM may suspend, discontinue, and/or terminate any portion of the Services at any time in its absolute and sole and absolute discretion.
    5. If you see something inappropriate, use the "Report Content" option to alert us so that we can take immediate action as needed.
    6. Any Content or User Submission which has been removed pursuant to a violation of these Terms of Use or receipt of a complaint shall be retained for a period of 180 (one hundred and eighty) days or such other time period as may be required under the applicable laws.
    7. You acknowledge and agree that any violation of the rules of conduct set forth in this Section 12 constitute grounds for Pocket FM to suspend and/or terminate your account.
  13. Internet Access Required. You need a computer with Internet access to access the Site, Content and Service. Your computer and Internet equipment will need to meet the minimum specifications for the Service you wish to use. All costs and fees associated with such equipment and related software are your responsibility. Please note that the Site, Content and Service continuously evolve over time, and the minimum specifications may change. As a result, you may be required to upgrade your computer and/or Internet equipment in order to continue using the Site, Content and Service.
  14. Technical Failures. It is possible that you may face disruptions, including, but not limited to errors, disconnections or interferences in communication in the Internet services, software or hardware that you have used to avail our services. Pocket FM is not responsible for such factors in the disruption or interruption in the services and you take full responsibility with complete knowledge for any risk of loss or damages caused due to interruption of services for any such reasons.
  15. Advertisements, Third Party Sites and Services.
    1. Some of the Pocket FM Services are supported by advertising revenue and may display advertisements, promotions, and links to third-party websites. You hereby agree that Pocket FM may place such advertising and promotions on the Pocket FM Services or on, about, or in conjunction with your User Submissions. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you. Except as otherwise expressly stated by us on the Service, we are not affiliated or associated with the operators of any third party websites or other resources that link to or are linked from any Service. We expressly disclaim any responsibility for the accuracy, content, or availability of information found on third party websites or resources that link to or are linked from any Service. We cannot ensure your satisfaction with any products or services that are available through any third party website or resource that links to or is linked from any Service because these third party websites and resources are owned and operated by independent entities.
    2. The Service may permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Site. When you access third party websites, you do so at your own risk. These other websites are not under Pocket FM's control, and you acknowledge that Pocket FM is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Pocket FM or any association with its operators. You further acknowledge and agree that Pocket FM shall not be responsible or 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 on any such Content, goods or services available on or through any such website or resource. We make no representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) that you may provide or be requested to provide to any third party, whether through such a third party website or resource, or otherwise.
    3. YOU AGREE THAT YOUR USE OF THIRD PARTY WEBSITES AND RESOURCES AND ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, SERVICES, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEBSITES AND RESOURCES IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH WEBSITES AND RESOURCES.
  16. Consent To Communications. You expressly agree that Pocket FM may from time to time contact you and send you communications via any known channel, including but not limited to telephone calls, emails, text messages (SMS), and/or WhatsApp, at any telephone number or email address you have provided to us, including mobile/cellular telephone numbers that could result in charges to the owner of the telephone account. By accepting these Terms of Use you are deemed to have 'opted in' to receive such communications. These communications may include transactional, utility and promotional communications as well as communications for authentication purposes. The ways we may call you include using prerecorded/artificial voice messages and/or through the use of an automatic dialing device. Please refer to https://pocketfm.com/security-advice-policy for tips on how to recognize authentic communication from Pocket FM.
  17. User Communications.
    1. Pocket FM provides ways for you to communicate with other users within the Service, such as reviews and public chat functions associated with reviews ("Communications"). All Communications that you post through the Service must comply with our Rules of Conduct. If you believer another user has violated the Rules of Conduct, please contact a Pocket FM customer service representative.
    2. All of your Communications on the Site and through the Services will pass through and be stored on our servers. You should therefor consider all Communications to be public with no expectation of privacy or confidentiality. Pocket FM reserves the right, but undertakes no obligation, to monitor, filter, modify, block, and/or remove any Communication that does not comply with these Terms of Use. Please keep in mind, however, that we cannot control or monitor every Communication among users. You therefor may be exposed to messages or other content created or conveyed by other users that you find objectionable. You are also responsible for anything you say, print, or otherwise communicate to other through the Service. Pocket FM, as an online service provider, is not responsible for the content (including, without limitation, the accuracy, integrity, and/or quality) of your Communications and is not liable for any harm that you or others may cause by communicating through the Service.
  18. User Feedback. We may ask users for ideas, suggestions, input, recommendations, information, comments and/or feedback (collectively, "User Feedback") to help improve the Service. We may also ask for User Feedback during the "beta" phase of any Service to identify and fix bugs and other problems. You also may voluntarily provide User Feedback to us through forums, email, social media sites and/or other means. By providing User Feedback to Pocket FM, whether solicited by Pocket FM or not, you hereby grant Pocket FM a worldwide, non-exclusive, transferable, sublicensable (through multiple tiers), royalty-free, fully-paid up, perpetual, irrevocable right and license to use, reproduce, distribute, display and perform (whether publicly or otherwise), adapt (including, without limitation, the rights to edit, modify, translate, and reformat), create derivative works of, transmit, make, have made, sell, offer to sell, import and otherwise use and exploit (and have others exercise such rights on behalf of Pocket FM) any and all User Feedback, for any purpose whatsoever, commercial or otherwise, in any media now known or hereafter developed, without compensation or credit. To the extent permitted by applicable laws, you also give up any claim that any use by Pocket FM of the User Feedback violates any of your rights, including but not limited to moral rights, privacy rights, rights to publicity, proprietary or other rights, and/or rights to credit for the material or ideas set forth therein.
  19. Coins Terms and Conditions.
    1. Coins. The Service allows users to receive and purchase "Pocket FM Coins" ("Coins") and to redeem those Coins for the purchase of eligible digital products and services we sell through the Service. The Platform offers two types of Coins: Coins you purchased from us ("Base Coins") and Coins we give you for free for promotional purposes ("Bonus Coins"). Coins are sold in bundles and the price may vary depending on the amount you purchase and the location from which you purchase the bundle. Coins are not legal tender and do not constitute a personal property right. Coins are non-refundable, non-transferable, have no cash value, and may not be redeemed, sold, or otherwise transferred for any sum of money or monetary value at any time.
    2. Use of Coins.
      1. Redeeming Coins. Coins may be redeemed only for the purchase of eligible products and services through the Service. Eligible products and services may change over time. Not all apps and in-app products/services can be purchased using Coins, and not all devices support the use of Coins. When a purchase can be made with Coins, you will see an option to pay with Coins during the purchase process. To make a purchase with Coins, you must pay the entire purchase price for the applicable product which is inclusive of applicable taxes.
      2. Purchase of Coins. Purchases of Coins will be charged to the 1-Click payment method or any other authorized payment method associated with your account. You may be allowed to purchase Coins through a variety of methods, including any of the subscription or one-time purchase packages offered by us on the Service. We may (at our discretion) allow you to switch from one subscription plan to another and in such event, the new subscription plan may take effect only after your current plan expires. The Coins may be made available for purchase under various pricing models and price points (at our sole and absolute discretion). We may temporarily or in select markets or to select user groups charge higher or lower prices to test pricing levels in an effort to maximize sales or revenue and improve user experience. Coins are not legal tender and do not constitute a personal property right. All purchases of Coins are final and non-refundable. We do not accept returns of Coins except where required by law. Once the Coins have been purchased, they cannot be transferred, returned or credited to any other user/subscriber. If you believe any Coins were not properly credited to your account, please contact our customer service for assistance. If we offer discounts on the purchase of Coins, we may modify or discontinue those discounts at any time without notice to you. The purchase or redemption of Coins may be subject to sales tax in the United States. The purchase or redemption of Coins may be subject to VAT or GST in countries outside of the United States. Where applicable, Pocket FM will collect the required sales tax, VAT, or GST, and will remit the required amounts to the applicable taxing authority.
      3. Bonus Coins. All Coins that are provided without charge (or at a discounted price) in addition to Base Coins are Bonus Coins. This includes any Coins we give you in connection with your purchase of products, your use of the Service, or any other promotional activity.
      4. Expiration Dates. Base Coins do not expire, however, all Coins are forfeited if your account is terminated or suspended for any reason. We reserve the right to institute an expiry date for Bonus Coins at our discretion, which shall be notified to you through the Service.
      5. Restrictions. Coins cannot be resold, transferred for value or redeemed for cash, except to the extent required by law. Coins in one account may not be transferred to another account. We may limit the number of Coins you can purchase or receive within certain periods of time, or implement other restrictions on the receipt or use of Coins. If we give you Bonus Coins in connection with your purchase of a product and you later return or receive a refund for that product, we may revoke those Bonus Coins. If you have already used those Coins, we may deduct the same number of other Bonus Coins or Base Coins from your account or charge your credit card or other payment instrument for any products you purchased using those Coins. We reserve the right to terminate your access the Coins in your account if we determine, after investigation, that you have used the Coins in connection with any fraudulent or illegal activity.
    3. Cancellation. You can cancel your subscription of account at any given time with us as per your discretion. However, you shall continue to have access till the end of your billing cycle. The account will be automatically terminated at the end of the billing cycle.
    4. Changes; Termination.
      1. Changes. We may change, suspend or discontinue the Coins program, or any part of it, at any time without notice. In such event, all Coins shall expire with immediate effect.
      2. Termination. We may terminate your right to use the Coins if we determine your use of the Coins violates any term of these Terms of Use or involves any fraud or misuse of the Coins. In case of such termination, you must cease all use of the Coins, and we may immediately revoke your access to the Coins without notice to you. If we determine you fraudulently obtain Coins or use any fraudulently-obtained Coins, we may revoke those Coins and charge your credit card or other payment instrument for any products purchased using those Coins. Our failure to insist upon or enforce your strict compliance with these Terms of Use will not constitute a waiver of any of our rights.
  20. Termination.
    1. Your only remedy with respect to any dissatisfaction with the Site, Content, or Service is to terminate your account. You may terminate any Pocket FM subscription at any time, however, any subscription time already purchased will remain on your account until the end of your then-current billing cycle and is nonrefundable. Pocket FM reserves the right to suspend, restrict, or terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership and your other User Submissions. If you wish to terminate your account, you may do so by contacting us as per Pocket FM's Communications - Customer Services mentioned below. Any fees, including Premium Charges, paid hereunder are non-refundable. All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
    2. Upon any such termination, your right to use the Site, Content, and Service will immediately cease. You agree that any suspension, restriction or termination of your access to or use of the Site, Content, and Service may be effected without prior notice and that we may immediately deactivate or delete any username and/or password used by or provided to you, and all access to your game accounts. You agree that we will not be liable to you or any third party for any suspension, restriction or termination of your access to the Site, Content, and Service and we will not be required to make the Site, Content, and Service associated with your account available to you after any such termination, suspension or restriction. All licenses that you grant under these Terms of Use shall survive the expiration or earlier termination of these Terms of Use.
  21. Releases; Disclaimers.
    1. Save to the extent required by law, Pocket FM has no special relationship with or fiduciary duty to you. You acknowledge that Pocket FM has no control over, and no duty to take any action regarding: which users gain access to the Service; what Content you access via the Service; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content.
    2. You release and discharge Pocket FM from any and all existing and future claims you have or may have, known or unknown, relating in any way to your use of or inability to use the Site, Content, or Service.
    3. You release and discharge Pocket FM from all liability for you having acquired or not acquired Content through the Service. The Service may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. Pocket FM makes no representations concerning any Content contained in or accessed through the Service, and Pocket FM will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Service and cannot be held liable for any third-party claims, losses or damages.
    4. You release and discharge Pocket FM from all liability relating to your connections and relationships with other users. You understand that we do not, in any way, screen users, nor do we inquire into the backgrounds of users or attempt to verify their backgrounds or statements. We make no representations or warranties as to the conduct of users or the veracity of any information users provide. In no event shall we be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the Services, including, without limitation, bodily injury, emotional distress, and any damages resulting in any way from communications or meetings with users or persons you may otherwise meet through the Services. As such, you agree to take reasonable precautions and exercise the utmost personal care in all interactions with any individual you come into contact with through the Services, particularly if you decide to meet such individuals in person. For example, you should not, under any circumstances, provide your financial information (e.g., credit card or bank account numbers) to other individuals.
    5. THE SITE, SERVICE AND CONTENT ARE PROVIDED "AS IS", "AS AVAILABLE" AND ARE PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, SAVE TO THE EXTENT REQUIRED BY LAW.
    6. POCKET FM AND ITS AFFILIATES, LICENSORS, SUPPLIERS, AND SERVICE AND CONTENT PROVIDERS, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE "POCKET FM ENTITIES" AND EACH INDIVIDUALLY A "POCKET FM ENTITIES"), DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE WEBSITE, SERVICE AND CONTENT IS SOLELY AT YOUR OWN RISK. SOME STATES / COUNTRIES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. POCKET FM HEREBY DISCLAIMS ANY AND ALL OBLIGATIONS TO FURNISH ANY MAINTENANCE AND/OR SUPPORT SERVICES WITH RESPECT TO THE SERVICES.
  22. Indemnification. You shall defend, indemnify, and hold harmless the Pocket FM Entities from any and all losses, costs, actions, claims, damages, expenses (including reasonable legal costs) or liabilities, that arise from or relate to your use or misuse of, or access to, the Site, Service, Content or otherwise from your User Submissions, violation of these Terms of Use, or infringement by you, or any third party using the your account, of any Intellectual Property Rights or other rights of any person or entity (save to the extent that a court of competent jurisdiction holds that such claim arose due to an act or omission of Pocket FM). Pocket FM reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Pocket FM in asserting any available defenses.
  23. Limitation of Liability.
    1. IN NO EVENT WILL ANY POCKET FM ENTITY(IES), BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES RELATED TO THE USE OF OR INABILITY TO USE THE SITE, SERVICE, CONTENT AND/OR USER SUBMISSIONS. NONE OF THE POCKET FM ENTITIES ARE RESPONSIBLE FOR ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA OR FOR ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED. NONE OF THE POCKET FM ENTITIES ARE RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY, OR ANY INFRINGEMENT BY A THIRD PARTY OF ANOTHER'S INTELLECTUAL PROPERTY, PRIVACY OR OTHER RIGHTS. IN ANY ACTION OR PROCEEDING AGAINST ANY POCKET FM ENTITY(IES) ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE USE OR INABILITY TO USE THE SITE, SERVICE, CONTENT AND/OR USER SUBMISSIONS, WHETHER IN CONTRACT, TORT, WARRANTY OR OTHERWISE, THE DAMAGES TO WHICH YOU MAY BE ENTITLED SHALL BE LIMITED TO ONE THOUSAND RUPEES (Rs.1000) FOR USERS IN INDIA AND ONE HUNDRED UNITED STATES DOLLARS US$100.00 FOR USERS OUTSIDE OF INDIA. YOU HEREBY WAIVE YOUR RIGHT TO BRING ANY CAUSE OF ACTION YOU MAY HAVE AGAINST ANY POCKET FM ENTITY(IES) WITH RESPECT TO THE USE OF SITE, SERVICE, CONTENT AND/OR USER SUBMISSIONS ONE (1) YEAR AFTER THE DATE ON WHICH SUCH CLAIM OR CAUSE OF ACTION ARISES.
    2. SOME STATES, COUNTRIES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF STATUTORY OR IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. IN SUCH STATES, COUNTRIES OR JURISDICTIONS, THE LIMITATIONS AND EXCLUSIONS SET FORTH IN THIS SECTION MAY NOT APPLY TO YOU. CONSEQUENTLY, IN SUCH STATES, COUNTRIES OR JURISDICTIONS, LIABILITY IS LIMITED TO THE LOWEST AMOUNT PERMITTED BY APPLICABLE LAW.
    3. POCKET FM IS NOT RESPONSIBLE FOR ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA OR FOR ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED. POCKET FM IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY, OR ANY INFRINGEMENT BY A THIRD PARTY OF ANOTHER'S INTELLECTUAL PROPERTY, PRIVACY OR OTHER RIGHTS.
    4. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ANY POCKET FM ENTITY(IES) BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY OR OTHERWISE (AND WHETHER OR NOT ANY SUCH POCKET FM ENTITY(IES) HAD PRIOR KNOWLEDGE OF THE CIRCUMSTANCES GIVING RISE TO SUCH LOSS OR DAMAGE) WITH RESPECT TO THE SITE, SERVICE, CONTENT OR USER SUBMISSIONS FOR:
      1. INDIRECT OR CONSEQUENTIAL LOSSES OR DAMAGES;
      2. LOSS OF ACTUAL OR ANTICIPATED PROFITS;
      3. LOSS OF REVENUE;
      4. LOSS OF GOODWILL;
      5. LOSS OF DATA;
      6. LOSS OF ANTICIPATED SAVINGS;
      7. WASTED EXPENDITURE; OR
      8. COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES.
    5. NOTHING IN THESE TERMS OF USE SHALL BE DEEMED TO EXCLUDE OR LIMIT YOUR LIABILITY IN RESPECT OF ANY INDEMNITY GIVEN BY YOU UNDER THESE TERMS OF USE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, POCKET FM'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
    6. IN NO EVENT SHALL YOU HAVE ANY RIGHT TO RECOVER OR OBTAIN ANY RIGHTS IN OR TO THE SITE, CONTENT, OR SERVICE, OR TO ENJOIN OR OTHERWISE INTERFERE WITH POCKET FM'S DEVELOPMENT, LICENSING, USE, PUBLISHING, MARKETING, SALE, DISTRIBUTION OR EXPLOITATION OF THE SITE, CONTENT, OR SERVICE, OR ANY RIGHTS ASSIGNED, TRANSFERRED OR RESERVED TO POCKET FM UNDER THESE TERMS OF USE.
  24. Governing Law.
    1. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
    2. If you reside in India, the following paragraph applies to you: these Terms of Use and all other policies available on this Service shall be interpreted and construed in accordance with the laws of India. Any dispute or claim relating to products available on this App/Website or the services rendered by this App/Website, its enforceability or the termination under these Terms of Use and/ or other policies available on this App shall be governed by the Arbitration and Conciliation Act, 1966 by a sole arbitrator, who shall be mutually appointed from a panel of independent arbitrators identified by Pocket FM. The seat and venue of Arbitration shall be Bengaluru, India and the language of proceedings shall be English. The App/Website User and the App/Website Owner agree specifically to submit to the exclusive jurisdiction of the Courts of Bombay at Mumbai, India over any disputes relating to the subject matter, herein.
    3. If you reside outside of India, the following paragraph applies to you: the validity, construction, interpretation and legal effect of these Terms of Use shall be construed in accordance with and governed by the judicial decisions and internal laws of the State of Delaware and the United States of America, without giving effect to any choice of law rule that would cause the application of the laws of any jurisdiction other than the internal laws of the State of Delaware and the United States of America. Subject to the below provisions of Section 25, (a) you and Pocket FM agree that any controversy, claim or dispute arising out of or relating to these Terms of Use or any aspect of the relationship between you and Pocket FM (each, a "Dispute") asserted by you against Pocket FM or by Pocket FM against you shall be exclusively brought in a state or federal court in the Central District of California, and (b) you and Pocket FM each submit and consent to the personal jurisdiction of, and venue in, the state and federal courts located in the Central District of California.
  25. Dispute Resolution; Arbitration; Class Action Waiver.
    1. Introduction. Any Dispute, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, shall be settled through Negotiation (as defined below in this Section 25) or Arbitration (as defined below in this Section 25); provided, however, with respect to Excluded Disputes (as defined below in this Section 25) that you and Pocket FM are unable to settle through Negotiation, you or Pocket FM may apply to the applicable court in the Central District of California to bring any such Excluded Disputes in lieu of Arbitration.

      If a Dispute arises, you and Pocket FM first shall attempt in good faith to resolve it promptly by Negotiation as set forth below in this Section 25, and neither you nor Pocket FM may commence Arbitration with respect to any Dispute unless you and Pocket FM first have unsuccessfully pursued Negotiation as provided in this Section 25 (i.e., the parties are unable to resolve the Dispute in writing within the below thirty (30) day period or if either party refuses to comply with the provisions of any written Negotiation settlement). All communications, whether oral, written or electronic, in any Negotiation or Arbitration (including, without limitation, any written Negotiation settlement or Arbitration award) pursuant to this Section 25 shall be treated as confidential, except as may be necessary to prepare for or conduct the Arbitration hearing on the merits, or except as may be necessary in connection with a court application in accordance with the above provisions of Section 24, or except to the extent otherwise required by applicable law. Notwithstanding the above provisions set forth in Section 24, (a) the Federal Arbitration Act applies to and governs the enforceability of this Section 25, and (b) all communications, whether oral, written or electronic, in Negotiations shall also be treated as compromise and settlement negotiations for purposes of the Federal Rules of Evidence.

    2. Negotiation. At any time after a Dispute arises, either you or Pocket FM may initiate negotiation by providing written notice (the "Dispute Notice") to the other party as follows ("Negotiation"): (a) you shall email Dispute Notices to Pocket FM to grievances@pocketfm.com and (b) Pocket FM shall email Dispute Notices to you to the email address that Pocket FM has on file for you. The Dispute Notice shall describe the nature and basis of the Dispute and sets forth the relief sought. You and a Pocket FM representative shall speak by phone and/or communicate via email at a mutually acceptable time and thereafter as often as reasonably necessary, to attempt to resolve the Dispute. No party shall be obligated to continue to participate in Negotiation if the parties have not resolved the Dispute in writing within thirty (30) days after the non-complaining party's receipt of the Dispute Notice.
    3. Arbitration. If you and Pocket FM are unable to resolve any Dispute through Negotiation or if either you or Pocket FM refuses to comply with the provisions of any written Negotiation settlement, then, except for any Excluded Disputes (as hereinafter defined), SUCH DISPUTES WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR ("Arbitration") INSTEAD OF IN A COURT BY A JUDGE OR JURY AND YOU AND POCKET FM AGREE THAT YOU AND POCKET FM ARE WAIVING THE RIGHT TO TRIAL BY A JURY. As used in these Terms of Use, "Excluded Dispute" collectively means: (a) any Dispute relating to the infringement, misappropriation and/or other misuse of Intellectual Property Rights other than patent rights (including, without limitation, claims seeking injunctive relief); (b) any Dispute relating to the violation, misappropriation and/or other misuse of confidential information (including, without limitation, claims seeking injunctive relief); (c) any Dispute relating to the enforcement of an Arbitration award; and/or (d) any Dispute that qualifies for small claims court.

      An Arbitration is a proceeding before a neutral arbitrator, instead of before a judge or jury. Arbitration is less formal than a lawsuit in court, and provides more limited discovery. It follows different rules than court proceedings, and is subject to very limited review by courts. The arbitrator will issue a written decision and provide a statement of reasons if requested by either party.

      The Arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules, as amended by these Terms of Use. The Consumer Arbitration Rules are available online at https://adr.org/sites/default/files/Consumer%20Rules.pdf. Additionally, the arbitrator shall follow applicable state and federal law.

      The Arbitration costs, including arbitrator compensation, will be split between you and Pocket FM according to the AAA Commercial Arbitration Rules and the AAA's Supplementary Procedures.

      YOU AND POCKET FM AGREE THAT ANY ARBITRATION UNDER THESE TERMS OF USE WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU AND POCKET FM ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION.

      The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or Pocket FM that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination shall be made by the AAA or by the arbitrator. The arbitrator's decision will follow the terms of these Terms of Use and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of these Terms of Use, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in these Terms of Use will preclude you or Pocket FM from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against us for you or against you for us, as applicable.

  26. Communications.
    1. Legal Concerns and Notices. To send us any notice or for any legal concerns, you may write to us at legal@pocketfm.com.
    2. Customer Service. For any queries /concerns regarding your account and/or its termination, payments, Coins, business purpose or partnerships etc. you may write to us at care@pocketfm.in.
    3. Phishing and Security Concerns. For any queries/concerns regarding suspected phishing attacks, fraudulent transactions or activities or other security related concerns, you may write to us at security@pocketfm.com.
    4. Grievance Officer. In case you have any concerns in relation to the usage and processing of your personal information, content which violates these Terms of Use, then you may contact our Grievance Officer below:

      Name: Anurag Sharma

      Email: grievances@pocketfm.com

      Address: 2nd Floor, Plot No. 4, Office No. 6a, Minarch Tower, Sector 44, Gurugram, Haryana, 122003, India

      Office Hours: 10:00 AM (IST) to 1:00 PM (IST)

      We will acknowledge your grievance within twenty-four (24) hours and will endeavor to resolve the same within a period of fifteen (15) days from the receipt of your grievance or such other time period as may be required under the applicable laws.

  27. Integration and Severability. These Terms of Use are the entire agreement between you and Pocket FM with respect to the Service and use of the Site, Service, Content or User Submissions, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Pocket FM with respect to the Site. If any provision of these Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms of Use to be binding, Pocket FM must provide you with written notice of such waiver through one of its authorized representatives.
  28. Modification of Terms of Use. Pocket FM reserves the right, in its sole and absolute discretion, to modify or replace, in whole or in part, these Terms of Use, or change, suspend, or discontinue the Service (including without limitation, the availability of any feature, database, or content) at any time, and to provide you with notice of such modifications by any reasonable means, including, without limitation, by posting a notice on the Service or by sending you notice through the Service or via email. Pocket FM may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. It is your responsibility to check these Terms of Use periodically for changes. You can determine when these Terms of Use were last revised by referring to the "Last Updated" legend at the top of these Terms of Use. Your continued use of the Service following the posting of any changes to these Terms of Use constitutes acceptance of those changes, however, any material change to these Terms of Use will not apply retroactively to any claim or dispute between you and us in connection with these Terms of Use that arose prior to the "Last Updated" date applicable to that version of these Terms of Use in which we included such material change. You shall also be notified of any modifications to these Terms of Use as and when effected or at least once a year. If you do not agree to any changes made to these Terms of Use, you may not access or use any of the Service. We may, at any time, modify, suspend, and/or discontinue all or part of the Service; charge, modify, or waive fees required to use the Service; or offer opportunities to some or all users of the Service.
  29. Claims of Copyright Infringement. We respect the Intellectual Property Rights of others and request that our users do the same. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that materials in any Site, Content or Services infringe your copyrighted work, please send a notice to our copyright agent (identified below) with the following information requesting that such materials be removed or access to it blocked: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works incorporated in the Site, Content or Service are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Pocket FM to locate the material on the Site, Content or Service; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Pocket FM a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Such notices and counter-notices should be sent to:

    Email: legal@pocketfm.com

    Address: B1/201 PWO Housing Complex, Sector 43, Gurgaon, Haryana - 122009 IN

    Please note that this procedure is exclusively for notifying us and our affiliates that your copyrighted material has been infringed. The decision of removing the infringing content from the Platform solely rests with us.

    Among other things, Pocket FM reserves the right to terminate the account of any person who, more than twice, posts or transmits content that is removed as the result of a notice under this section.

  30. Claims of Trademark Infringement. Claims of trademark infringement should be sent to Pocket FM's designated agent. If you believe that someone is infringing your trademark rights on Pocket FM, you can report it to us by contacting us as per Pocket FM's Communications - Legal & Notices mentioned below with a report containing the following information:
    1. your complete contact information (name, mailing address and phone number);
    2. a detailed description of the Content on Pocket FM that you claim infringes your trademark along with details on how it infringes upon your trademark;
    3. the web address (URL) of the infringing content; and
    4. a declaration that you are filing this report in good faith and that all the information provided is accurate and that you are the owner of the trademark.

      Please attach your digital signature or physical signature to the report.

      Within thirty-six (36) hours of receiving this notice with the above mentioned details, we will take down the allegedly infringing material from public view while we assess the issues identified in your notice.

      On completion of the take-down procedure above:

      1. If the complainant is successful in obtaining an order of injunction from a court of competent jurisdiction within 21 days from filing the complaint, the material will be permanently removed from Pocket FM's website and database upon Pocket FM being provided with a copy of such order; or
      2. If the complainant is not successful in obtaining an order of injunction from a court of competent jurisdiction within 21 days from receiving notice from the complainant, the material will be made available for public view once again.

      Before you submit a report of infringement, you may want to send a message to the person who posted the content. You may be able to resolve the issue without contacting Pocket FM. Please remember, only the trademark owner or their authorized representative may file a report of infringement. If you believe something on Pocket FM infringes someone else's trademark, you may want to let the rights owner know.

  31. Notice. Pocket FM may give notice by means of a general notice on the Services, notification within the Site on your Account, electronic mail to your email address in your Account, or by written communication sent to your address as set forth in your Account, in our sole and absolute discretion. You may give notice to Pocket FM by written communication as per Pocket FM's Communications - Legal and Notices mentioned below. Without limitation, you agree that a printed version of these Terms of Use and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Unless otherwise specified in these Term of Use, all notices under these Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.
  32. California Complaint Assistance. Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice. If you have a question or complaint regarding the Site, Content, or Service, please feel free to contact us by emailing us at grievances@pocketfm.com or by writing to us at Pocket FM Corp., Attention: Legal, 16192, Coastal Highway, Lewes, Delaware 19958, County of Sussex. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
  33. Filtering. Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at http://kids.getnetwise.org and http://onguardonline.gov/. Please note that Pocket FM does not endorse any of the products or services listed at these sites.
  34. General. These Terms of Use are personal to you, and are not assignable, transferable or sublicensable by you except with Pocket FM's prior written consent. Pocket FM may assign, transfer or delegate any of its rights and obligations hereunder without consent without Pocket FM's prior written approval. You hereby give your approval to Pocket FM for it to assign or transfer these Terms of Use in whole or in part, including to: (a) a subsidiary or affiliate; (b) an acquirer of Pocket FM's equity, business or assets; or (c) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you and Pocket FM as a result of these Terms of Use and/or use of the Services. If any provision of these Terms of Use is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms of Use but the legality, validity and enforceability of the other provisions in these Terms of Use shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms of Use. These Terms of Use constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. In these Terms of Use, the words "including" and "include" mean "including, but not limited to." Pocket FM shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Pocket FM's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Use and neither party has any authority of any kind to bind the other in any respect. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. Nothing in these Terms of Use, express or implied, is intended to or will confer on any person any rights or remedies with respect to your rights and remedies hereunder.