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Last updated: January 7, 2020
This is an agreement between you and Triple E Media Production LTD (with its affiliates, “Triple-E”, “Triple E”, ”we" or "us") regarding the digital spoken word audio entertainment service operated by Triple-E (the “Service") and distributed through 234Audio.com (the “Platform”).
These Triple-E Terms and Conditions of Use and the 234Audio.com Privacy Notice are collectively referred to as the “Terms" and govern your use of the Service.
By signing up for or using the Service, you agree to these Terms and Conditions.
In Summary
- You will need to establish an account on 234Audio.com to use the Service
- You will need a mobile device that is operating iOS or Android and that has at least 1GB of RAM and 8GB of storage to use the Service
- You will need a data plan to use the Service
- Fees that you pay for purchased content or subscription are non-refundable
- 234Audio.com does not capture or store your payment information
- If you are under 18, you may use the Triple-E Services only with the involvement of a parent or guardian.
- No Triple-E Service, nor any part of any content distributed via 234Audio.com may be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial and/or non-profit purpose without express written consent of Triple-E
Detailed Terms and Conditions of Use
01.Privacy
02.License to Access
03.Your Account
04.Listening Devices
05.Fees
06.Subscription Plans
07.Purchased Content
08.Promotional and Subscription Content
09.Content Availability
10.Service Restrictions
11.Content Restrictions
12.Copyright
13.Copyright Infringement
14.Termination by Us
15.Agreement Changes
16.Trademarks
17.Our Contact Information
18.Disclaimer of Warranties and Limitation of Liability
19.Governing Jurisdiction
20.Disputes Resolution
1. Privacy
Please review our Privacy Notice, which also governs your use of Triple-E Services.
2. License to Access
Subject to your compliance with these Terms and Conditions of Use, and your payment of any applicable fees, Triple-E or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of Triple-E Services. No Triple-E Service, nor any part of any content distributed via 234Audio.com may be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial and/or non-profit purpose without express written consent of Triple-E. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information of Triple-E without express written consent. The licenses granted by Triple-E terminate if you do not comply with these Terms and Conditions of Use.
3. Your Account
If you do not have a 234Audio.com account, you will need to establish an account to use the Service. If you proceed to establish an account, you agree to the account verification methods and any associated service charge that you may incur (e.g., your telecom service provider may charge for receiving One-Time-Passwords via SMS). You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. 234Audio.com does sell content for children, but it sells them to adults, who can purchase with a permitted payment method. If you are under 18, you may use the Triple-E Services only with the involvement of a parent or guardian.
4. Listening Devices
In order to use the Service, you will need to have a mobile device that is operating either iOS or Android and has at least 1GB RAM and 8GB storage. You will also need to have a data plan to download the content onto your device. The 234Audio application is optimized for mobile devices operating iOS 11.x, iOS 12.x and Android 5 to 9. The display is portrait mode only and optimized for mobile phones. While you are able to download the application on tablet devices (e.g., iPad), the display may be distorted on these devices.
The quality of the Service experience may vary based on several factors such as mobile device and the bandwidth available through your data service provider. You are responsible for all data service charges. Triple-E makes no representations or warranties about the quality of your listening experience on your device.
5. Fees
Fees for purchased content, subscriptions and other services will be stated at the time of your purchase or sign-up, as applicable. The fees for subscription plans may vary. Fees may be subject to tax and are non-refundable. Triple-E and 234Audio.com do not capture or store your payment information.
6. Subscription Plans
As part of our Service, we may offer subscription plans and may change them and their features at any time. If you sign up for a subscription plan, you agree to the terms, conditions and limitations associated with them that are posted on our website or applications. Your subscriber benefits terminate when your subscription plan ends.
7. Purchased Content
Once we have made purchased content available to you for download, we encourage you to download the content promptly after purchase. We may continue to make your purchased content available for re-download through your Service account, but we do not guarantee that such content will be available for re-download and Triple-E will not be liable to you if it becomes unavailable for further re-download.
8. Promotional and Subscription Content
We may make content available to you from time to time through the Service for which a purchase is not required. You will have access to this content only for so long as we make it available generally or, where it is provided as a benefit of a subscription plan, for so long as you remain an active subscriber of your plan in good standing. We may also remove this content from your account, devices and applications or otherwise restrict your ability to access it.
9. Content Availability
We may add or remove purchasable, promotional and subscription content (collectively, “Content”) from our catalog, subscription plans and our Service at any time and make no guarantee as to the availability of specific Content in any subscription plan or as to any minimum amount of Content in any subscription plan.
10. Service Restrictions
We reserve the right to accept or refuse subscription or to restrict use of the Service in our discretion. You may not transfer or assign your subscription or any Service benefits. We may take actions we deem reasonably necessary to p
revent fraud and abuse, including placing restrictions on the amount of content or other services that can be accessed from the Service at any one time.
11. Content Restrictions
You may not (i) transfer, copy or display Content; (ii) sell, rent, lease, distribute, or broadcast any Content; (iii) remove any proprietary notices or labels on Content; (iv) attempt to disable, bypass, modify, defeat, or otherwise circumvent any digital rights management or other protection system applied to Content or used as part of the Service; or (v) use the Service or Content for any commercial, non-profit, or illegal purpose.
12. Copyright
All content included in or made available through any Triple-E Service, such as graphics, logos, images, audio clips and digital downloads is the property of Triple-E or its content suppliers and protected by Nigeria and international copyright laws.
13. Copyright Infringement
Triple-E respects the intellectual property of others. If you believe your work has been used in a way that gives rise to concerns of infringement, please notify us in writing at:
Triple-E Legal Department
No. 12 Fria Close
Suite C10
Wuse 2
Abuja-FCT, Nigeria 900288
Phone/WhatsApp: +234 (0) 818-230-1234
Written notifications concerning copyright infringement must include the following information:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the material that is claimed to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Triple-E to locate the material;
3. Information reasonably sufficient to permit Triple-E to contact you, such as an address, telephone number, and, if available, an electronic mail address at you may be contacted;
4. A statement that you have 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;
5. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
14. Termination by Us
Our business may change over time and we reserve the right to cancel the Service and any subscription plan in whole or in part, and to terminate your account and use of the Service at our discretion without notice. Our failure to insist upon or enforce your strict compliance with the Terms will not constitute a waiver of any of our rights.
15. Agreement Changes
We may, in our discretion, change the Terms and all elements of them and any aspect of the Service without notice to you. Your continued use of the Service after we change the Terms constitutes your acceptance of the changes. If you do not agree to any changes, you must not use the Service and must cancel your account.
16. Trademarks
234Audio is a registered trademark of Triple-E and any associated graphics, logos, and service names included in or made available through any Triple-E Service are trademarks or trade dress in Nigeria and other countries. Triple-E’s trademarks and trade dress may not be used in connection with any product or service that is not Triple-E’s. All other trademarks not owned by Triple-E that appear in any Triple-E Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Triple-E.
17. Our Contact Information
Triple E Media Production LTD
No. 12 Fria Close
Suite C10
Wuse 2
Abuja-FCT, Nigeria 900288
Phone/WhatsApp: +234 (0) 818-230-1234
e-mail: info@234audio.com
18. Disclaimer of Warranties and Limitation of Liability
THE TRIPLE-E SERVICES MADE AVAILABLE TO YOU THROUGH THE 234AUDIO.COM PLATFORM ARE PROVIDED BY TRIPLE-E ON AN "AS IS" AND "AS AVAILABLE" BASIS. TRIPLE-E MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE TRIPLE-E SERVICES, OR THE CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE TRIPLE-E SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE TRIPLE-E SERVICES IS AT YOUR SOLE RISK.
TRIPLE-E DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT THE TRIPLE-E SERVICE, FEATURES, INFORMATION, CONTENT, MATERIALS, THE SITE, APPLICATION OR OTHER SERVICES INCLUDED OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE 234AUDIO.COM SERVICE ARE UNINTERRUPTED OR FREE OF ERROR; ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE FULL EXTENT PERMISSIBLE BY LAW, TRIPLE-E WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY TRIPLE-E SERVICE, OR FROM ANY INFORMATION, CONTENT OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY TRIPLE-E SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
19. Governing Jurisdiction
This Agreement is being delivered in, and shall be governed, construed, enforced, and interpreted by, through, and under, the laws of the Federal Republic of Nigeria, excluding conflict of law principles that would cause the application of laws of another jurisdiction.
20. Disputes Resolution
Any dispute or claim relating in any way to your use of any Triple-E Service, or to any content sold or distributed by Triple-E or through 234Audio.com will be resolved by binding arbitration, rather than in court. In case of any controversy or claim arising out of this agreement or any breach thereof, both parties may choose to settle by arbitration in accordance with the Nigerian Arbitration and Conciliation Act. The prevailing party shall be entitled to reimbursement of costs and reasonable attorney’s fees. The determination of the arbitrator in such proceeding shall be final, binding, and non-appealable.