Terms & Conditions
Before using Sandar, there are a few things you should know
Last updated: JULY, 2020
1. SANDAR SERVICE, REGISTRATION AND ACCESS TO USE
The Sandar Service provides its members with access to music over the Internet to the Sandar Service ready devices. Registration: To register for the Sandar Service you may be required to open an account by completing the registration process (i.e. by providing us with current, complete and accurate information as prompted by the applicable registration form). You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. In particular, as a parent or legal guardian, you acknowledge and assume sole responsibility to ensure that content which is meant for mature audiences (i.e, above the age of majority) is not accessed by children. Hence, you may not share your log in credentials with your children. You expressly agree to absolve the Company and/or the Sandar Service of any responsibility / liability in this regard.
2. FACEBOOK CONNECT
You may also register for the Sandar Service by using your Facebook username and password. If, however, you are under 18 years of age, you may log in to Sandar Service using Facebook Connect and utilize the Sandar Service only under the supervision of your parent or legal guardian. Using Facebook Connect allows us to personalize and enhance your experience while using the Sandar Service, based on your personal information, profile, likes, and other relevant information. When you use this feature, you expressly consent to information about your activity on the Sandar Service (i.e. what you have listened, what you have liked, ratings given by you, etc.) being continuously released and automatically posted on your Facebook account (which has been used to log in) and made available to your friends on Facebook. You may control the information being shared through Facebook Connect by changing your account / privacy settings. By registering, you agree to the Terms stated herein and in addition to any other specific terms which shall be posted at an appropriate location of the Site. Each registration is for a single individual user only.
Your subscription to the Sandar Service in a particular geographical territory shall be valid for that territory only and shall not automatically entitle you to access your account from a different geographical territory, unless specifically permitted by the Company. The content viewed during subscription period is only allowed to be accessed from the Sandar Service and is accessible only till subscription is active and in good standing. Access to use: To access the Sandar Service, you will be asked to enter your individual user name and password, as chosen by you during your registration. Therefore, the Company does not permit any of the following:- Any other person sharing your account and Password; Any part of the Site being cached in proxy servers and accessed by individuals who have not registered with the Company as users of the Site; or Access through a single account and Password being made available to multiple users on a network. If the Company reasonably believes that an account and password is being used / misused in any manner, the Company shall reserve the right to cancel access rights immediately without notice, and block access to all users from that IP address. Furthermore, you shall be entirely responsible for any and all activities that occur under your account. You agree to notify the Company immediately of any unauthorized use of your account or any other breach of security. The Company will not be liable for any loss that you may incur as a result of someone else using your password or account, however, you could be held liable for losses incurred by the Company or another party due to someone else using your account or password.
The availability of content through Sandar Services will change from time to time. The quality of the music of the streaming may vary from computer to computer, and device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges.
5. GEOGRAPHIC LIMITATION
You may listen music through the Sandar Service only in geographic locations where the Company offers the Sandar Service. The content that may be available to listen will vary by geographic location. The Company may use technologies to verify your geographic location.
6. SANDAR SERVICE STREAMING SOFTWARE
The Sandar Service streaming software is developed and designed to enable streaming of content from the Sandar Service through the Sandar Service ready devices. This software may vary by device and medium, and functionalities may also differ between devices. This software is licensed to you pursuant to these Terms and solely for the purpose of using the Sandar Service and for no other purpose whatsoever.
The Company does not warrant the performance of the software, including its continuing compatibility with the Sandar service. Any unauthorized use of the software is strictly prohibited and Sandar Service reserves the right to not provide the software (including updates) to you at any time and to discontinue the ability to access the Sandar Service through such software at any time, without prior or any notice. When you use a Sandar ready device, you expressly represent that you have the express authority to use such device and be liable for any transaction conducted through such device on the Site.
7. BILLING (If Applicable)
By signing up for the Sandar Service, you are expressly agreeing that the Company is authorized to charge you subscription fee as per your selected plan, any other fees for additional services you may purchase, and any applicable taxes in connection with your use of the Sandar Service through the credit card or other payment method accepted by the Company ("Payment Method") that you provided during registration. If you want to use a different Payment Method than the one you signed up for during registration, or if there is a change in your credit card validity or expiration date, you may edit your Payment Method information by clicking on your account. If your Payment Method expires and you do not edit your Payment Method information or cancel your account, you authorize us to continue billing, and you will remain responsible for any uncollected amounts. As used in these Terms, "billing" shall indicate either a charge or debit, as applicable, against your Payment Method. The subscription fee will be billed at the beginning of your subscription and on each subsequent renewal (as per plan chosen by you) thereafter unless and until you cancel your subscription or the account or service is otherwise suspended or discontinued pursuant to these Terms. To see the commencement date for your next renewal period, go to the billing information section on your account page. In order to sustain the Sandar Service, it is important that you honor the payment obligations to which you have agreed. Accordingly, the Company reserves the right to pursue any amounts you fail to pay in connection with the Sandar Service. You will remain liable to the Company for all such amounts and all costs incurred by the Company in connection with the collection of these amounts, including, without limitation, collection agency fees, reasonable attorneys´ fees, and arbitration or court costs. You also understand and acknowledge that the Company only facilitates the third party payment gateway for processing of payment. 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. You are responsible for the accuracy and authenticity of the information provided by you, including the bank account number/credit card details and the like. You agree and acknowledge that the Company shall not be liable and in no way be held responsible for any losses whatsoever, whether direct, indirect, incidental or consequential, including without limitation any losses due to delay in processing of payment instruction or any credit card fraud.
8. FREE TRAILS
You may be offered a free trial period at the start of your membership of Sandar Service, solely at the discretion of the Company. The duration and the terms of the free trial period shall be at the discretion of the Company and shall be specified during sign up. Free trials may not be combined with any other offer(s). Free trials will not be given in cases of renewal of membership or activation of another account from a physical address and/or email address and/or device which is linked to an already existing account, etc. Billing may automatically commence at the end the free trial period, without prior notice, as per the subscription plan chosen by you, unless you cancel your membership prior to the expiry of the free trial period. It is hence recommended that you keep track of your account, including the date when the free trial period ends. Once billing commences, we will continue to bill your Payment Method for your membership fee until you cancel. You may cancel your membership at anytime; however, there are no refunds or credits for partially used periods.
9. INTELLECTUAL PROPERTY RIGHTS AND LIMITED LICENSE
Limited License: Subject to your compliance with the Terms herein, the Company hereby grants you a personal, limited, non-exclusive, non-transferable, freely revocable license to use the Sandar Service for the personal and non-commercial viewing of videos only. Except for the foregoing limited license, no right, title or interest shall be transferred to you. Content on the Site and/or Sandar Service is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. We reserve all rights not expressly granted in and to the Site and/or Sandar Service and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein. Any unauthorized use of the Contents or Sandar Service will result in termination of the limited license granted by the Company and cancellation of your membership. Use of Site or Sandar Service for any other purpose may result in severe civil and criminal penalties. The Company does not promote, foster or condone the copying of Content, or any other infringing activity. Violators will be prosecuted to the maximum extent possible. The Content: The content on the Sandar Service including, without limitation, videos, software, text, graphics, interactive features, logos, photos, music and all other audible and visual materials, as well as the selection, organization, coordination, compilation and overall look and feel of the Site (collectively, the "Content") are the intellectual property of the Company, its licensors and its suppliers. The Content is protected by copyright, trade dress, patent, trademark and other laws, international conventions and proprietary rights and all ownership rights to the Content remain with the Company, its licensors or its suppliers, as the case may be. All trademarks, service marks, and trade names are proprietary to the Company or its affiliates and/or third party licensors. YOUR OBLIGATIONS You hereby agree and assure the Company that the Site and/or Sandar Service shall be used for lawful purposes only and that you will not violate laws, regulations, ordinances or other such requirements of any applicable Central, State or local government or any other international laws. You further concur that you shall not: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Site or Sandar Service. either directly or through the use of any device, software, internet site, web-based service, or other means copy, download, stream capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the Content unless expressly permitted by the Company in writing; either directly or through the use of any device, software, internet site, web-based service, or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content including geo-filtering mechanisms use the Site or Sandar Service in any manner that could damage, disable, overburden, or impair and not to undertake any action which is harmful or potentially harmful to any the Company´s server, or the network(s), computer systems / resource connected to any the Company server, or interfere with any other party´s use and enjoyment of the Site or Sandar Service; obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site/Service; perform any activity which is likely to cause such harm; carry out any "denial of service" (DoS, DDoS) or any other harmful attacks on application or internet service or; use the Site or Sandar Service for illegal purposes; disrupt, place unreasonable burdens or excessive loads on, interfere with or attempt to make or attempt any unauthorized access to any the Company website or the website of any the Company´s customer; forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Site or Sandar Service; attempt to gain unauthorized access to Sandar Service, other accounts and computer systems through hacking, password mining or any other means. You shall not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site or Sandar Service; incorporate the Content into, or stream or retransmit the Content via, any hardware or software application or make it available via frames or in-line links unless expressly permitted by the Company in writing; create, recreate, distribute or advertise an index of any significant portion of the Content unless authorized by the Company; use or launch any "robots", "spiders", "offline readers" etc. or any other automated system, that accesses the Site and / or Sandar Service in a manner that sends numerous automated requests to the Site´s servers in a given period of time, which a human cannot reasonably send in the same period by using conventional web browsing application or tool(s) for similar purposes. In addition, you are strictly prohibited from creating derivative works or materials that otherwise are derived from or based ,on the Content in any way, including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, unless it is expressly permitted by the Company in writing. This prohibition applies even if you intend to give away the derivative materials free of charge. The Site may permit you to post user submissions including but not limited to reviews of Content available through the Sandar Service, comments on such Content, etc (User Submissions) . You understand that these User Submissions, once posted by you, are visible to all members since it is a public forum.
10. PROHIBITED ACTIVITIES
11. LINKS TO OTHER SITES
You agree to indemnify, defend and hold harmless, the Company, its affiliates, successors, and assigns, and each of their respective investors, directors, officers, employees, agents, and suppliers (including distributors and content licensors) from and against any losses, claims, damages, liabilities, including legal fees and expenses, arising out of: any claim due to or arising out of your violation of these Terms, including but not limited to a claim arising out of a breach of your representations or warranties made hereunder; your use or misuse of or access to the Site or the Sandar Service; your violation of any law, regulation or third party right, including without limitation any copyright, property, or privacy right; or any claim that you have caused damage to a third party. The Company reserves the right, at its own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate with the Company´s defense of these claims. TERMINATION OF ACCOUNT, SUSPENSION OR DISCONTINUATION OF Sandar SERVICE The Company reserves the right to change, suspend, or discontinue temporarily or permanently, some or all of the Sandar Service (including the Content and the devices through which the Sandar Service are accessed), with respect to any or all users, at any time without notice. You acknowledge that the Company may do so in its sole discretion. You also agree that the Company will not be liable to you for any modification, suspension, or discontinuance of the Sandar Service, although if you are a Sandar Services paid subscriber and the Company suspends or discontinues the Sandar Service, the Company may, in its sole discretion, provide you with a credit, refund, discount or other form of consideration (for example, the Company may credit additional days of service to your account). However, if the Company terminates your account or suspends or discontinues your access to the Sandar Service due to your violation of these Terms, then you will not be eligible for any such credit, refund, discount or other consideration. GENERAL TERMS Grievance Redressal Redressal Mechanism : Any complaints, abuse or concerns with regards to content and or comment or breach of these terms shall be immediately informed to the designated Grievance Officer as mentioned below via in writing or through email signed with the electronic signature to Sandar@appholike.com AppHolik App Dev Co. 4th Floor, Ansari Square, Sharnaw–25000 Kabul, Afghanistan Email: firstname.lastname@example.org Notice of Copyright Infringement: Our policy is to comply with all Intellectual Property Laws and to act expeditiously upon receiving any notice of claimed infringement. If you believe that any work has been reproduced on this website in a manner that constitutes copyright infringement, please provide a notice of copyright infringement containing all of the following information: A physical or electronic signature of a person authorized to act on behalf of the copyright owner for the purposes of the complaint. Identification of the copyrighted work claimed to have been infringed. Identification of the material on our website that is claimed to be infringing or to be the subject of infringing activity. The address, telephone number or e-mail address of the complaining party. 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. A statement, under penalty of perjury, that the information in the notice of copyright infringement is accurate, and that the complaining party is authorized to act on behalf of the owner of the right that is allegedly infringed. All notices of copyright infringement should be sent to Sandar@appholike.com and mail to:- Legal Department: AppHolik App Dev Co. 4th Floor, Ansari Square, Sharnaw–25000 Kabul, Afghanistan Email: email@example.com Relationship None of the provisions of the Terms shall be deemed to constitute a partnership or agency between you and the Company and you shall have no authority to bind the Company in any manner, whatsoever. This agreement is solely for your and the Company’s benefit and not for the benefit of any other person, except for permitted successors and assigns under this Agreement. Assignment You may not transfer to anyone else, either temporarily or permanently, any rights to use the Sandar Service or any part of the Sandar Service. Any attempt by you to do so is void. the Company may assign, transfer, delegate and/or grant all or any part of its rights, privileges and properties hereunder to any person or entity. Force Majeure Neither Party shall have any liability for any interruption or delay, to access the Site due to Force Majeure Event. For the purposes of this clause, ´Force Majeure Event´ means any event or circumstance or combination of events and circumstances which is reasonably beyond the control of the party affected thereby and which causes or results in default or delay in performance by such affected party of any of its obligations under this agreement and includes an act of God, war, hostilities, civil commotion, strikes, lockouts and other industrial disputes. Applicable Law These Terms are governed by and construed in accordance with, the laws of Afghanistan without giving effect to principles of conflict of law. In the event of any dispute or claim by you against the Company, you agree to submit to the exclusive jurisdiction of courts at New Delhi. Limited Time To Bring Your Claim You and the Company agree that any cause of action arising out of or related to use of the Site or the Sandar Service must commence within one (1) year after the cause of action accrues otherwise, such cause of action will be permanently barred. Survival Rights and obligations under the Terms which by their nature should survive will remain in full effect after termination or expiration of the subscription. Non Waiver Any express waiver or failure to exercise promptly any right under this agreement will not create a continuing waiver or any expectation of non-enforcement. Entire Agreement These Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Copyright Notice © AppHolik App Dev Co. 2020. All Rights reserved. This disclaimer/terms of service notification is subject to change without notice.