Terms of Services

You are automatically accepting the Terms listed below when you access this application or service or application or service which is directly or indirectly bounded with "Offline Radio CLUB" (will be used as "Services"). These Terms of Services affect your legal rights and obligations. If you do not agree to be bound by all of these Terms of Services, do not access or use the Services.

1. We will use your PHONE ID for registration. Your phone registration will be important in the application to provide correct content for your phone.
2. You must be at least 13 years old to use the Services.
3. Every data downloading from our servers are temporary data and application can change or delete according to its needs.
4. You don\'t have rights to modify, manipulate or distribute those data without any written permission of Offline Radio CLUB.
5. Downloaded data has special algorithm and only readable by Offline Radio CLUB application and they will be completely useless without the application.
6. Services has all legal permissions to provide the songs, music tracks, special mixes and remixes. These permissions will not provide the same permission to you. As a user, you can just listen the music for your personal purposes. You can not play them in public areas for everybody without any special permission of Offline Radio CLUB.
7. Every illegal activity about the usage of Services will make you under investigation to eliminate unsuitable usage. Your device will be banned and you will not have any chance to access the Services using the same device until the end of the investigation.
8. You are responsible for any activity that occurs through your device. You are accepting to create an account just for yourself and not for anyone else with the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients.
9. All Services will directly bound to your device. Your device will be the key to access to your account. You agree that you will make the required changes on your device before selling, giving to any other individual to use or destroying it.
10. You may not use the Services for any illegal or unauthorized purpose. You agree to comply with all laws, rules, and regulations (for example, federal, state, local and provincial) applicable to your use of the Services and your Content including but not limited to, copyright laws.
11. You must not attempt to restrict another user from using or enjoying the Services and you must not encourage or facilitate violations of these Terms of Services or any other Offline Radio CLUB terms.

General Conditions

1. We reserve the right to modify or terminate the Service or your access to the Services for any reason, without notice, at any time, and without liability to you. You can deactivate your Offline Radio CLUB account by logging into the Services and confirming the deactivation request using deactivation wizard under settings.
2. Upon termination, all licenses and other rights granted to you in these Terms of Services will immediately cease.
3. We reserve the right, in our sole discretion, to change these Terms of Services ("Updated Terms") from time to time. Unless we make a change for legal or administrative reasons, we will provide reasonable advance notice before the Updated Terms become effective. You agree that we may notify you of the Updated Terms by posting them on the Services, and that your use of the Services after the effective date of the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms of Services and any Updated Terms before using the Services. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Services from that point forward. These Terms of Use will govern any disputes arising before the effective date of the Updated Terms.
4. We reserve the right to refuse access to the Services to anyone for any reason at any time.
5. We reserve the right to force forfeiture of any username for any reason.
6. We may, but have no obligation to, remove, edit, block, and/or monitor Content or accounts containing Content that we determine in our sole discretion violates these Terms of Services.
7. You agree that you are responsible for all data charges you incur through use of the Services.

Rights

1. Some of the Services is supported by advertising revenue and may display advertisements and promotions, and you hereby agree that Offline Radio CLUB may place such advertising and promotions on the Services or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.
2. You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such.
3. The Services contains content owned or licensed by Offline Radio CLUB ("Offline Radio CLUB Content"). Offline Radio CLUB Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and Offline Radio CLUB, Offline Radio CLUB owns and retains all rights in the Offline Radio CLUB Content and the Services. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Offline Radio CLUB Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Offline Radio CLUB Content.
4. The Offline Radio CLUB name and logo are trademarks of Offline Radio CLUB, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Offline Radio CLUB. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of Offline Radio CLUB, and may not be copied, imitated or used, in whole or in part, without prior written permission from Offline Radio CLUB.
5. Although it is Offline Radio CLUB\'s intention for the Services to be available as much as possible, there will be occasions when the Services may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. Also, Offline Radio CLUB reserves the right to remove any Content from the Services for any reason, without prior notice. Content removed from the Services may continue to be stored by Offline Radio CLUB, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Offline Radio CLUB will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any Content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure.
6. Except as otherwise described in the Services\' Privacy Policy, available under Offline Radio CLUB mobile application settings menu, as between you and Offline Radio CLUB, any Content will be non-confidential and non-proprietary and we will not be liable for any use or disclosure of Content. You acknowledge and agree that your relationship with Offline Radio CLUB is not a confidential, fiduciary, or other type of special relationship.

Disclaimer of Warranties

THE SERVICES, INCLUDING, WITHOUT LIMITATION, OFFLINE RADIO CLUB CONTENT, IS PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER OFFLINE RADIO CLUB NOR ITS PARENT COMPANY NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS OR AGENTS (COLLECTIVELY, THE "OFFLINE RADIO CLUB PARTIES") MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICES; (B) THE OFFLINE RADIO CLUB CONTENT; (C) USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO OFFLINE RADIO CLUB OR VIA THE SERVICES. IN ADDITION, THE OFFLINE RADIO CLUB PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.

THE OFFLINE RADIO CLUB PARTIES DO NOT REPRESENT OR WARRANT THAT THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICES OR THE SERVER THAT MAKES THE SERVICES AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE OFFLINE RADIO CLUB PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICES IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE OFFLINE RADIO CLUB PARTIES DO NOT WARRANT THAT YOUR USE OF THE SERVICES IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE OFFLINE RADIO CLUB PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION\'S LAW IS APPLICABLE TO YOU AND THESE TERMS OF USE.

BY ACCESSING OR USING THE SERVICES YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICES.

THE OFFLINE RADIO CLUB PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.

Limitation of Liability; Waiver

UNDER NO CIRCUMSTANCES WILL THE OFFLINE RADIO CLUB PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICES; (B) THE OFFLINE RADIO CLUB CONTENT; (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICES; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE OFFLINE RADIO CLUB PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY\'S USE OF THE SERVICES; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICES\' OPERATION; OR (H) ANY DAMAGE TO ANY USER\'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE OFFLINE RADIO CLUB PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICES). IN NO EVENT WILL THE OFFLINE RADIO CLUB PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE OFFLINE RADIO CLUB PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED FIFTY TURKISH LIRA (50.00 TL).

YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF OFFLINE RADIO CLUB\'S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICES, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE OFFLINE RADIO CLUB PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICES, OR OTHER CONTENT OWNED OR CONTROLLED BY THE OFFLINE RADIO CLUB PARTIES.

BY ACCESSING THE SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

OFFLINE RADIO CLUB IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.

Indemnification

You (and also any third party for whom you operate an account or activity on the Services) agree to defend (at Offline Radio CLUB\'s request), indemnify and hold the Offline Radio CLUB Parties harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney\'s fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Services or those conducted on your behalf): (i) your Content or your access to or use of the Services; (ii) your breach or alleged breach of these Terms of Services; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by Offline Radio CLUB in the defense of any claim. Offline Radio CLUB reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Offline Radio CLUB.

Arbitration

Except if you opt-out or for disputes relating to: (1) your or Offline Radio CLUB\'s intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights and patents); (2) violations of the API Terms; or (3) violations of provisions 13 or 15 of the Basic Terms, above ("Excluded Disputes"), you agree that all disputes between you and Offline Radio CLUB (whether or not such dispute involves a third party) with regard to your relationship with Offline Radio CLUB, including without limitation disputes related to these Terms of Services, your use of the Services, and/or rights of privacy and/or publicity, will be resolved by binding, individual arbitration under the Turkey Arbitration Association\'s rules for arbitration of consumer-related disputes and you and Offline Radio CLUB hereby expressly waive trial by jury. As an alternative, you may bring your claim in your local "small claims" court, if permitted by that small claims court\'s rules. You may bring claims only on your own behalf. Neither you nor Offline Radio CLUB will participate in a class action or class-wide arbitration for any claims covered by this agreement. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person\'s account, if Offline Radio CLUB is a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act. In the event the Turkey Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either Offline Radio CLUB or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Services.

You may opt out of this agreement to arbitrate. If you do so, neither you nor Offline Radio CLUB can require the other to participate in an arbitration proceeding. To opt out, you must notify Offline Radio CLUB in writing within 30 days of the date that you first became subject to this arbitration provision. You must use this address to opt out:

Offline Radio CLUB, Zümrütevler Mah. Yol-3 Sk. Nish Adalar Sitesi 7/25 Maltepe / İstanbul - Turkey

You must include your name and residence address, the email address you use for your Offline Radio CLUB account, and a clear statement that you want to opt out of this arbitration agreement.

If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with Offline Radio CLUB.

Time Limitation on Claims

You agree that any claim you may have arising out of or related to your relationship with Offline Radio CLUB must be filed within one year after such claim arose; otherwise, your claim is permanently barred.

Governing Law & Venue

These Terms of Use are governed by and construed in accordance with the laws of the Turkey, without giving effect to any principles of conflicts of law AND WILL SPECIFICALLY NOT BE GOVERNED BY TURKEY CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE. For any action at law or in equity relating to the arbitration provision of these Terms of Use, the Excluded Disputes or if you opt out of the agreement to arbitrate, you agree to resolve any dispute you have with Offline Radio CLUB exclusively in a state or federal court located in Maltepe, İstanbul, Turkey, and to submit to the personal jurisdiction of the courts located in Maltepe County for the purpose of litigating all such disputes.

If any provision of these Terms of Services is held to be unlawful, void, or for any reason unenforceable during arbitration or by a court of competent jurisdiction, then that provision will be deemed severable from these Terms of Services and will not affect the validity and enforceability of any remaining provisions. Offline Radio CLUB\'s failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. No waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition. Offline Radio CLUB reserves the right to change this dispute resolution provision, but any such changes will not apply to disputes arising before the effective date of the amendment. This dispute resolution provision will survive the termination of any or all of your transactions with Offline Radio CLUB.

Entire Agreement

If you are using the Services on behalf of a legal entity, you represent that you are authorized to enter into an agreement on behalf of that legal entity. These Terms of Services constitute the entire agreement between you and Offline Radio CLUB and governs your use of the Services, superseding any prior agreements between you and Offline Radio CLUB. You will not assign the Terms of Services or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of Offline Radio CLUB. Any purported assignment or delegation by you without the appropriate prior written consent of Offline Radio CLUB will be null and void. Offline Radio CLUB may assign these Terms of Services or any rights hereunder without your consent. If any provision of these Terms of Services is found by a court of competent jurisdiction to be invalid or otherwise unenforceable, the parties nevertheless agree that such portion will be deemed severable from these Terms of Services and will not affect the validity and enforceability of the remaining provisions, and the remaining provisions of the Terms of Services remain in full force and effect. Neither the course of conduct between the parties nor trade practice will act to modify the Terms of Services. These Terms of Services do not confer any third-party beneficiary rights.

Territorial Restrictions

The information provided within the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Offline Radio CLUB to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Services or any portion of the Services, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that Offline Radio CLUB provides.

Software related to or made available by the Services may be subject to Turkey export controls. Thus, no software from the Services may be downloaded, exported or re-exported: (a) into (or to a national or resident of) any country to which the Turkey has embargoed goods; or (b) to anyone on Turkey Treasury Department\'s list of Specially Designated Nationals or Turkey Commerce Department\'s Table of Deny Orders. By downloading any software related to the Services, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.

The effective date of these Terms of Services is February 21, 2015. These Terms of Services were written in English (US). To the extent any translated version of these Terms of Services conflicts with the English version, the English version controls.