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WAVO is an on-line digital subscription service that gives customers access to a range of movies and television content, which can be streamed over the internet to certain internet connected devices.
WAVO is a trading name of Gulf DTH FZ LLC, a company established under the laws of the Dubai Creative Clusters Authority, Dubai, UAE and having its registered address at the OSN Building, Dubai Media City, PO Box 502211, Dubai, United Arab Emirates and references to ‘us’, ‘our’, ‘we’ and ‘WAVO’ shall be Gulf DTH FZ LLC. References to ‘you’ and ‘your’ shall be references to you as an account holder and subscriber to the Service.
1. THE SERVICE
1.1. As used in these Terms, the Service means the service provided by WAVO for accessing the WAVO content, including the website, software, functionalities associated with the services, including any Trial and Promotions.
1.2. As part of the Service, WAVO may offer subscriptions that will allow you to access and stream content available on the WAVO platform from time to time for one re-occurring subscription fee.
1.3. From time to time, WAVO may offer a number of other subscription plans, add-ons or promotions either directly or via its partners (Promotions), which may include promotional trials, reduced subscriptions, pay per view passes, weekly or daily passes, or access to additional or premium content. In addition to these Terms, some Promotions may have differing terms and conditions provided either by WAVO or by one of our partners (Promotional Terms) and by signing up for a Promotion or entering your promotion code, you agree to be bound by these Terms and the relevant Promotional Terms.
1.4. WAVO may release Promotions in its sole discretion and is no under no obligation to offer any Promotions.
2. THIRD PARTY SERVICES
2.1. Wavo may offer you the option to purchase access to certain third party services or applications (Third Party Services). If you decide to purchase access to any such Third Party Services, you agree to comply with any terms and conditions of such Third Party Services (as may be notified to you or amended from time to time). Some Promotions may be offered by third parties in conjunction with the provision of their own products and services. We are not responsible for any third party products or services.
3. SIGN UP
3.1. There are three ways you may sign up to the Service.
3.2. Option 1 - Registration directly with WAVO:
3.2.1. If you sign up to the Service directly with WAVO, you will initially need to create an account online. To do this, you must go to www.wavo.com. As part of the registration process, you must provide the following details (Registration Details); (i) a valid email address and a mobile telephone number; (ii) a username and password and (iii) your billing information, which must include a current, valid and accepted method of payment (Payment Method).
3.2.2. You should provide accurate and complete information when you create your account.
3.2.3. Where you have provided your mobile number, we will verify your geographic location by sending you a text message with a verification code. You will need to input that code during the creation of your account, to complete the process.
3.2.4. We may also verify your geographical location via your IP address.
3.3. Option 2 - Registration through a telecommunications provider:
3.3.1. If you register for the Service via a third party telecommunications provider, you agree to comply with these Terms and any Promotional Terms (as applicable), together with any terms and conditions from your telecommunications provider.
3.3.2. In order to be able to complete the registration of your account, you may be required to input the unique numerical code automatically generated and sent to you by your telecommunications provider.
3.3.3. By connecting to the Service with a telecommunications provider, you give us permission to: (i) access, store and use your information from that third party as permitted by that third party; and (ii) deliver to your telecommunications provider any information provided to us by you or in relation to your use of the Service.
3.4. Option 3 - Registration through Apple iTunes Store
3.4.1. In order to access the Service via the WAVO App, you must subscribe to the Service. When you download the WAVO App you will be prompted to create a user account and sign up to a subscription to the Service. By setting up your user account through the WAVO App you provide your consent to be billed by Apple through your iTunes account. Your first month’s subscription shall be charged to your iTunes account when you confirm your purchase. Thereafter, your subscription shall be due unless and until you turn off the auto renewal function within iTunes. You can learn more on how to cancel and/or modify your subscription via iTunes through this link (https://support.apple.com/en-ae/HT202039).
3.4.2. By connecting to and paying for the Service through Apple’s iTunes store, you give us permission to: (i) access, store and use your information from Apple as permitted by Apple; and (ii) deliver to Apple any information provided to us by you or in relation to your use of the Service.
4. The WAVO APP
4.1. You may download the WAVO App from a number of online stores or it may be preloaded onto your device (Third Party Platform). If you download or have access and subsequently use the WAVO App, you are granted a nontransferable license to use the WAVO App on any Authorised Device (see paragraph 11) that you own or control. Continued use of the WAVO App will constitute acceptance of these Terms and the license contained in this paragraph 4.
4.2. If you already have an account, you will be prompted to fill in your user ID and password when you download the WAVO App. If you download via the Apple store, you may not avail of Apple’s iTunes auto-renew billing feature unless you sign up directly through iTunes when you first set up your subscription (see paragraph 3.4). Existing customers who have not signed up through iTunes may not switch to the auto-renew feature and will continue to be billed using the Payment Method (or via their telecommunications provider).
4.3. If you are an Apple customer, you must comply with the Usage Rules set out in the App Store Terms of Service as well as these Terms.
4.4. You may not distribute or make the WAVO App available over a network where it could be used by multiple devices at the same time. You may not transfer, redistribute or sublicense the WAVO App and, if you sell your Authorised Device to a third party, you must remove the WAVO App from that device before doing so. You may not copy (except as permitted by this license), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the WAVO App, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the WAVO App).
5.1. In order to access the Service, you must be:
5.1.1. at least eighteen (18) years of age or above;
5.1.2. an individual and not a corporation; and
5.1.3. capable of entering, performing and adhering to these Terms.
5.2. While individuals under the age of eighteen (18) may utilize the Service, they may do so only with the involvement and guidance of their parents and/or legal guardians, under the registered account of such parent/legal guardians. Some content on the Service may contain graphic violence, sexual content and mature themes. Please note therefore that such content may not be suitable for all viewers.
5.3. You may only access the Service in the following particular geographic locations: Algeria, Bahrain, Chad, Djibouti, Egypt, Iraq, Jordan, Kuwait, Lebanon, Libya, Mauritania, Morocco, Oman, Palestinian Territory, Qatar, Saudi Arabia, Somalia, Tunisia, United Arab Emirates and Yemen (each a Service Location).
5.4. If you are not located in a Service Location, as determined by WAVO in its sole discretion, you are not eligible to subscribe to or otherwise access or use the Service. Any access to or use of the Service outside the Service Locations is expressly prohibited.
5.5. You acknowledge and agree that WAVO may immediately suspend or terminate your access to the Service if WAVO believes, in its sole discretion, that you are not located within a Service Location.
6.1. If you sign up to the Service you may be eligible for a trial period during which your subscription fees shall be waived (Trial). Any Trials available shall be mentioned on our website.
6.2. If we offer you a Trial, that Trial is limited to one Trial per new customer only (which we reserve the right to determine by household, telephone number, Payment Method, name, alter-ego or other identification). We reserve the right to prevent you from taking advantage of such Trial if we think you have already had one. Trials are not available to previous customers re-joining WAVO.
6.3. Unless expressly indicated otherwise, Trials will not include access to Third Party Services.
6.4. If we make a Trial available, we will need to pre-authorize your card. As part of this, a payment of $1 will be authorized by your bank, but don’t worry - no payment will be taken by us. This is only to validate your credit card. Please note that while we don’t collect this amount, it may affect your available balance or credit limit. No other charges will be made to your Payment Method for receipt of the Service during the Trial Period.
6.5. Customers through a telecommunication provider:
6.5.1. If you register for the Service via your telecommunications please refer to the terms of the offer provided to you by your telecommunications provider at the time you purchased an applicable service or product from them.
6.5.2. If you are entitled to a Trial, then the duration of the Trial and the content that you are authorized to access during the Trial period may differ depending on the offering made available to you by your telecommunications provider. Your entitlements and obligations under such Trial will be governed by any additional terms and conditions from your telecommunications provider.
6.5.3. If you do not wish to continue to have access to the Service following the expiry of the Trial Period, then you must contact your telecommunications provider and cancel your subscription. If you cancel your subscription before the end of your Trial Period in accordance with the terms given to you by the telecommunications provider, then from expiry of the Trial Period you will cease to have access to the Service and you will not be charged via the Payment Method for any subscription fees.
6.5.4. Where you do not cancel your subscription during the Trial Period then once your Trial expires:
18.104.22.168. you will remain subscribed to the Service which will automatically renew thereafter; and
22.214.171.124. the full subscription fee for the Service will become immediately due for your continued subscription and access to the subscription service upon the expiry of the Trial period.
7.1. We reserve the right to adjust the pricing of the Service at our discretion. We will notify you of the adjustment by email and/or text message (or via your telecommunications provider/iTunes – as applicable). Any changes to the pricing will take effect from the end of your billing cycle and you will be charged the updated price when your next subscription payment is taken.
7.2. The prices on our website include VAT. If there is a change to the VAT rate or any other taxes are imposed on your subscription by any government or other official entity, your subscription fee shall be amended accordingly without notice. It is your responsibility to pay for your internet, mobile or network operator access charges.
7.4. Payment for the ability to view WAVO content may be made to Neulion, on our behalf, based upon the subscription plan that you sign up for. The subscription fee may be processed through NeuLion or WAVO and will be processed in a secure manner by a third party payment services provider retained by NeuLion or WAVO. Questions concerning payment processing can be addressed via live chat, email at firstname.lastname@example.org or NeuLion Limited, located at 69 Wilson Street, 2nd Floor London EC2A 2BB, United Kingdom.
7.5. Customers directly through WAVO:
7.5.1. The Service shall be payable on a routine basis, depending on the billing cycle available. WAVO may in its discretion offer a number of billing cycles.
7.5.2. Your subscription shall start on the date that you sign up for the Service (Subscription Start Date). Your first subscription fee shall be due on the Subscription Start Date(Subscription Fee Payment Date). Your Subscription Fee Payment Date thereafter shall fall at the end of your billing cycle. A billing cycle refers to the subscription period for which you sign up for. For example, if you sign up for a monthly subscription, the Subscription Fee shall fall due on the same day in each month, weekly subscriptions shall fall due on the same day in each week and daily subscriptions shall fall due daily. WAVO reserves the right to offer a number of billing cycles and details of the payment frequency will be detailed when you sign up. The time period between each Subscription Fee Payment Date shall be referred to as a Billing Period.
7.5.3. Payment shall be taken from your Payment Method on or around your Subscription Fee Payment Date but may not always be taken on the day that your Subscription Fee Payment Date falls due.
7.5.4. By registering for the Service:
126.96.36.199. you agree to pay the subscription fee on or around the Subscription Fee Payment Date;
188.8.131.52. you agree that your subscription will automatically renew after each Billing Period for consecutive Billing Periods until you cancel; and
184.108.40.206. you authorize WAVO (or its appointed payment processor) to charge your Payment Method for all such subscription fees as and when they fall due.
220.127.116.11. You acknowledge that while the Subscription Fee Payment Date shall fall on a set day (please refer to paragraph 7.1.2), the date upon which your Payment Method shall be charged may vary.
7.5.5. The amount of the subscription fee and your billing frequency are set out in your “Account Management” page.
7.5.6. If your Payment Method reaches its expiry date and you do not edit your Payment Method information or cancel your account, you authorize us to continue billing that Payment Method and you remain responsible for any uncollected amounts, which we shall be entitled to collect as soon as your Payment Method has been updated.
7.6. Customers through telecommunications providers: Where you subscribe through your telecommunications operator, the method and dates upon which your subscription fee will fall due may vary depending on the offer that you sign up for. Failure to pay your bill may result in disconnection from the Service. WAVO has no responsibility for the relationship between you and your telecommunications provider and it shall be up to you to pay your bill and to take up any issues arising with your telecommunications operator with that operator directly.
7.7. Customers through Apple iTunes Store: Your subscription shall be automatically billed by Apple and debited from the payment method associated with your iTunes account. Your subscription shall continue to auto-renew unless and until you turn off the auto-renew feature. You must turn off the auto-renew feature at least 24-hours before your subscription payment is due for your subscription to be cancelled before payment is taken. If you turn off the auto-renewal feature part way through a billing period, you shall have access to the Service until the last day of that billing period. If you cancel your subscription and want to sign up again in the future, you will need to re-subscribe.
8. REFUNDS AND CANCELLATION
8.1. Customers Directly with WAVO
8.1.1. Your access to the Service renews on each Subscription Fee Payment Date.
8.1.2. If you want to cancel your subscription, you must visit your “Account Management” page to unsubscribe. Where you unsubscribe at least 24 hours prior to your next Subscription Fee Payment Date, your subscription will terminate at the end of the current Billing Period . You will continue to have access until the end of your Billing Period. If you submit your cancellation request less than 24 hours prior to the next Subscription Fee Payment Date, the cancellation shall take effect from the end of the following Billing Period.
8.1.3. Once you submit a cancellation request to us, we will process your cancellation within 24 hours and will send you a cancellation acknowledgment email and/or text message. However, if you cancel your subscription within less than 24 hours of your next Subscription Fee Payment Date, your cancellation may not take effect until the following month. For example, if your Billing Period is monthly, e.g. from 3 June to 2 July, your Subscription Fee Payment Date shall be 2 July. If you request to cancel your subscription on 1 July, the cancellation may not take effect before the Subscription Fee Payment Date, in which case your Payment Method will be debited on 2 July for the Billing Period of 3 July to 2 August and your cancellation shall then take effect on 2 August. If you Billing Period is weekly and your Subscription Fee Payment Date is a Tuesday, you must submit your cancellation request no later than midnight on Sunday.
8.2. Customers through telecommunications providers:
8.2.1. Please check with your telecommunications provider with regard to how to unsubscribe.
8.3. For Apple iTunes store customers:
8.3.1. You may cancel the Service by turning off the ‘auto-renew’ feature. Provided you do this at least 24 hours prior to the date that your subscriptions fees are due to be collected, your access to the Service will expire at the end of your current billing period.
8.3.2. As an iTunes subscriber, you can update your billing details from within the iTunes Store by following the below steps:
• Within the iTunes Store, go to your Account (and sign in using your Apple ID)
• In the Apple ID Summary section, click Edit to the right of Payment Type
• Make your changes
• Make sure to click Done to save the changes
8.4. In all cases, we do not provide refunds or credits for cancellation unless required otherwise by applicable law. No pro rata refunds will be provided. If you or WAVO suspend or terminate your subscription, you acknowledge and agree that you shall receive no refund, credit, or exchange, including, without limitation, for any unused period of your subscription or any content or data associated with your subscription.
9. CHANGES TO THE SERVICE
9.1. From time to time, we may, at our discretion and without notice, make changes to how we operate the Service, including, but not limited to, modifying, discontinuing, enhancing, adding or removing any content or any part of the Service.
9.2. We may stop providing the Service or any of the features of the Service, to you or to users generally, including, but not limited to, creating usage limits for the Service.
9.3. We regularly make adjustments to the Service to improve user experience of the Service and these adjustments may not always be captured within these Terms.
9.4. WAVO will never be liable for amending, suspending, removing or disabling access to the Service, but will endeavour to ensure that any interruptions to the Service will be kept to a minimum.
9.5. The content available on the Service will change regularly, include new and exciting movies, series and channels becoming available.
9.6. Some of the content we offer is supplied by third parties. The availability of such content is outside our control. You acknowledge and agree that certain content or certain features of the Service may not be available to you depending on your location or on certain devices, and that WAVO may disable your access to any content from the Service where we do not have the rights to offer it to you.
9.7. We reserve the right to migrate your subscription to a replacement pack at any time, provided that the replacement pack shall allow access to content that is comparable to the content available to you under your previous subscription.
10. DELIVERY OF CONTENT
10.1. The content is transmitted to your device in a stream of encrypted data packets, for the purpose of real-time streaming or viewing by you and not for copying, storing, permanent download or redistribution.
10.2. The streaming software is developed by or for WAVO, and is designed to enable instant streaming of content from WAVO to your authorized device. The software and its functionalities may differ by device. The software used in any devices is licensed to you by WAVO pursuant to these Terms for the purpose of using the Service only.
10.3. The quality of the display of the content may vary from device to device and may be affected by a range of factors, such as your location, available bandwidth, content selected, configuration of your device or the speed of your internet or mobile connection. Please check with your internet or network operator provider for information on possible data usage charges, network speed or roaming charges.
10.4. By using the Service, you agree to receive updated versions of the Service and related third party software without notice from us.
10.5. If any content is made available on an ‘download to own’ basis or has any recording, storage or playback functionality, your use of such service shall be subject to such other terms and conditions that WAVO may apply. You will be notified of such terms and conditions prior to your download or purchase of any such content.
11. AUTHORIZED DEVICES
11.1. You will need an authorized device to view content on the Service.
11.2. The types of devices authorized to stream the content from the Service can be found on our FAQ page. The content available on each device may differ. You may register up to 5 authorized devices on your account. Out of these 5 devices, 2 devices can be used simultaneously at any one time.
11.3. The first 5 devices you use to watch content on the Service will be automatically registered to your account. You have the opportunity to add or remove one of these devices every 30 days.
11.4. We may vary the number of authorized devices and simultaneous streams at any time at our discretion.
11.5. You agree not to share your device registration details with any other person. All devices registered to your account must be owned by you.
11.6. You must ensure that your devices meet the minimum hardware, systems and software requirements, required by the Service.
11.7. You must not transfer content to any unauthorized devices, or attempt to access the Service or content via any media or device other than your compatible registered devices in the ways expressly permitted by these Terms. Any attempt to do so will entitle us to immediately terminate your account without notice and without prejudice to any other rights or remedies and any fees for any paid or scheduled to be paid.
11.8. From time to time, device manufacturers or providers or the device operating system may impose changes that limit or restrict your use of the Service on that device. In such cases, we will try to notify you of these changes in advance, but as we have no control over these manufacturers and providers, it may not always be possible to do so.
11.9. If there are any issues relating to your device and its compatibility with the Service, you agree to contact the manufacturer or provider for such issues. We make no warranty and take no responsibility for the performance of the devices, including their compatibility with the Service.
12. SUPPORT AND COMMUNICATION
12.1. If you want to learn more about the WAVO App or the Service or have any problems using it please take a look at our support resources at https://wavo.com. You can either email our customer care team or use the chat function on the website. None of the Third Party Platforms who make the WAVO App available are responsible for providing any support services for the WAVO App available on their online stores.
12.2. If you think the WAVO App or the Services are faulty or misdescribed or wish to contact us for any other reason please email our customer service team at email@example.com or use the chat function on our website site https://wavo.com.
12.3. If we have to contact you, we will do so in the WAVO App, by email or by SMS using the contact details you have provided to us, any Third Party Platform or to your telecommunications provider when creating your account.
13. INTELLECTUAL PROPERTY
13.1. The Service, including, but not limited to, all copyright, trademarks, intellectual property in all material, software, technology and content, are all owned and/or controlled under license by WAVO, its licensors and content and technology providers.
13.2. ‘WAVO’, ‘WAVO Online TV’, ‘WAVO By OSN’, ‘WAVO Entertainment’, ‘WAVO Movies’, ‘WAVO Sports’, ‘ASLI’ and ‘WAVO TV’ ‘and all related registered and/or unregistered trade marks, trade names, and/or service marks (the WAVO Marks) are the property of WAVO and/or its affiliates or subsidiaries in the MENA region. Certain characters, logos, names and images incorporated by WAVO on the Service (and the content on the Service) are also protected as registered or unregistered trade marks, trade names and/or service marks and are the property of their respective owners. The WAVO Marks may not be used without the express permission of WAVO.
13.3. Content shall not be reproduced or used without express written permission from WAVO or its licensors and we reserve the right to terminate your access to the Service if we, in our sole discretion, believe that you are in violation of any software restrictions, or Security Requirements (as defined below) or are in violation of the copyrights of WAVO or its licensors through any unauthorized copying or use of our proprietary content.
14. SECURITY REQUIREMENTS
14.1. You are responsible for protecting the password that you use to access the Service, and you should not share your password with any third party. You are responsible for any activities or actions taken using your password, whether or not you have authorized those activities or actions. If you think your password has been used without your permission, you should notify us as soon as possible. We can then take the appropriate action, including stopping the supply of the Service, or suspending the account, as we need to.
14.2. You agree to use the Service in accordance with all applicable laws, rules and regulations. You agree that you shall not at any time use, or attempt to use, the Service on a device where the device operating system have been removed or tampered with (such as 'jailbreaking' or ‘rooting’).
14.3. You agree not to archive, download (other than through caching necessary for personal use), reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorized in these Terms) content and information contained on or obtained through the Service. You also agree not to circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Service; use any robot, spider, scraper or other automated means to access the Service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the Service; insert any code or product or manipulate the content of the Service in any way; or, use any data mining, data gathering or extraction method.
14.4. You agree not to upload, post, e-mail, send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or equipment associated with the Service, including any software viruses or any other computer code, files or programs.
14.5. If we believe that there has been, or is likely to be, a breach of security in relation to your account, we may suspend usernames or passwords and require that they are changed. We may also restrict your use of all or any part of the Service.
14.6. If your authorized device is sold, lost or stolen, you should deactivate that device. If you fail to log out or deactivate your device, other users may access the Service through your account and may be able to access your account information.
14.7. If you do not comply with any of the above security restrictions (Security Requirements), then we may immediately terminate your access to the Service and without prejudice to any rights or remedies available to us at law we shall be entitled to retain any fees paid or payable until the date of termination.
15. CHANGES TO THESE TERMS
15.1. We reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms at any time by posting the amended Terms on the WAVO website. Please check these Terms periodically for changes. Your continued use of the Service after the posting of changes constitutes your binding acceptance of such changes and any so amended Terms.
16. SOME THINGS YOU MUST NOT DO
16.1. You acknowledge and agree that you will not:
16.1.1. copy, rent, sell, reproduce, publish, post, broadcast, frame or transmit the Service or the content (or any part of them) or make them available to the public, or authorize or assist anyone else to do so;
16.1.2. make any direct or indirect charge for watching or using any part of the Service or content;
16.1.3. show any of the content or any part of the Service in public to an audience, even if no direct or indirect charge is made;
16.1.4. attempt to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service
16.1.5. take any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure
16.1.6. upload invalid data, viruses, worms, or other software agents through the Service;
16.1.7. impersonate another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;
16.1.8. interfere with the proper working of the Service;
16.1.9. knowingly use or attempt to use a fraudulent Payment Method;
16.1.10. bypass the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein;
16.1.11. use the Service and content in any ways not expressly permitted in these Terms; and
16.1.12. access or use the Services or content for any improper or unlawful purpose or allow anyone else to do so.
17. WAVO’S RIGHT TO CANCEL
17.1. We may cancel our agreement with you or suspend or terminate the Service (or any element of the Service) at any time without assigning any reasons. If we cancel our agreement with you after you’ve paid your subscription fee then you will have access to the subscribed content for the remainder of your Billing Period but your subscription will not automatically be renewed.
17.2. We reserve the right, at our discretion and without notice or compensation to you, to suspend, restrict or terminate your use of the Service if:
17.2.1. you breach, or we have reasonable grounds to believe that you have breached, these Terms, or if you otherwise engage in conduct which we determine to be unacceptable; and
17.2.2. it is not reasonably avoidable due to technical or operational reasons which are beyond our reasonable control.
17.3. We may inform you of any cancellation or suspension via text message, email or via the WAVO platform.
18. LAST LEGAL BITS
18.1. You acknowledge and agree that:
18.1.1. the Service, information, related features, software and content are provided to you by us “as is” and without any guarantee, representation or warranty of any kind;
18.1.2. WAVO does not guarantee, represent or warrant that your use of the Service will be uninterrupted, timely, secure or free from errors;
18.1.3. any content viewed or otherwise obtained through the use of the Service is done at your own initiative and risk; and
18.1.4. WAVO, its subsidiaries, directors, employees or licensors will not be liable to you for personal injury or any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever resulting from loss of use, data or profits, or any damages or loss (including, but not limited to, any damage to your device) arising out of or in connection with the use or performance of the Service.
18.1.5. (i) you are resident in a Service Location, (ii) that you are not located in a country that is subject to a U.S. government embargo or has been designated by the U.S. Government as a “terrorist supporting” country and (iii) you are not listed on any U.S. Government list of prohibited or restricted parties.
18.1.6. you are entirely responsible for complying with any third party terms and conditions that cover your use of the WAVO App and/or Service, including, for example, your internet service provider terms and conditions of use. You will be entirely responsible for ensuring that your use of the WAVO App does not breach any third party terms or other applicable laws.
18.2. You agree that, by signing up to the Service and by using any part of the Service and content, you are responsible for your actions and omissions.
18.3. The Service may present links to third party websites, ads or offers not owned or controlled by us. We are not responsible for these sites, ads or offers.
18.4. The Service is provided on an “as is” and “as available” basis. Use of the Service is at your own risk. To the maximum extent permitted by applicable law, the Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. For the avoidance of any doubt, where you have downloaded and pay for the WAVO App via iTunes, Apple is not responsible and where you have accessed the WAVO App through any other Third Party Platform, that Third Party Platform is not responsible.
18.5. To the full extent permitted by law, WAVO, its subsidiaries, directors, employees or licensors will not be liable to you for personal injury or any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever resulting from loss of use, data or profits, or any damages or loss (including, but not limited to, any damage to your device) arising out of or in connection with the use or performance of the Service.
18.6. To the full extent permitted by law, we (and our associated companies) exclude responsibility and all liabilities arising from:
18.6.1. any use of the Service which is not authorized by us;
18.6.2. suspending, restricting or terminating the Service or content (or any part) in accordance with these Terms;
18.6.3. any delay, failure, act or default in relation to the provision of the Services and content;
18.6.4. any errors, viruses or bugs present in or arising from your use of the Service;
18.6.5. any incompatibility of the Service or content with any other software or hardware; and
18.6.6. any act or default of any third party supplier, device manufacturer or provider of a device operating system or any third party broadband or internet supplier.
18.7. These Terms are governed by the laws of the Dubai International Financial Centre and the DIFC courts will have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these terms.
18.8. If any provision of these Terms is held to be invalid, illegal or unenforceable, the validity, legality or enforceability of the other provisions will not be effected and will remain in full force and effect.
18.9. Except as set out in paragraph 18.11 below, these Terms shall only be enforceable between you and us and no third party may rely upon them.
18.10. WAVO is solely responsible for the WAVO App and the Service, irrespective of whether you have downloaded the WAVO App and pay for your subscription via iTunes. No Third Party Platform will have any liability to you under any circumstances.
18.11. Notwithstanding paragraph 18.9, Apple Inc. and its subsidiaries shall have the right to enforce these Terms against subscribers who have purchased the WAVO App on iTunes and if have you purchased the WAVO App in this way, you are deemed to have accepted Apple’s right to enforce any of these Terms against you directly.