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AKAZOO by MTN, unlimited music Terms & Conditions

The service AKAZOO by MTN (the “Service”), unlimited music is made available in cooperation with InternetQ S.A., which owns, manages and operates the website http://mtn.akazoo.com, offering the possibility of streaming and storing services of digital media for the purpose of reproduction. Activation of AKAZOO by MTN, unlimited music requires the explicit compliance and unconditional acceptance of the following terms, rules and conditions governing the use of this service and is complementary to the general service conditions of MTN.

ACCESS TO THE SERVICE

Access to AKAZOO by MTN, unlimited music is solely for MTN subscribers, that own PC’s, tablets and mobile smartphones running on Android and iOS operating systems. Users of AKAZOO by MTN, unlimited music may be all MTN subscribers who have legal capacity. MTN is concerned about the safety and privacy of its users, particularly children. Parents who wish to allow their children access to and use of the services should supervise such access and use. It is your responsibility to determine which if any portions of the service are suitable for your child to access, and MTN will not be held liable.

AKAZOO by MTN, unlimited music is available to all MTN subscribers to the extent where basic electronic communications are active. Provision of AKAZOO by MTN, unlimited music will be suspended throughout the entire period where temporary blocking of basic electronic communication is imposed, and will be interrupted if and when definite barring is imposed.

USER REGISTRATION -IDENTIFICATION

Access to the service requires that users are MTN subscribers and that they use the username and password provided to them. During registration, the user is required to declare, true, accurate and complete data, and subsequently maintain their confidentiality thereof, solely liable for any leak, disclosure or unauthorized or illegal use of the information by himself or others.

The user is obliged to notify immediately and without undue delay, MTN for any unauthorized use of your username and password or any other breach of security-related communications that may come to his knowledge.

The user may optionally produce further personalization of the service AKAZOO by MTN, unlimited music, stating additional information in the relevant fields. In this case, this additional personalized information are vested solely to the knowledge of InternetQ, for the management of the content of the service, without introducing any change in communication with the user and billing of service without incurring any involvement or responsibility of MTN.

FEES - BILLING

AKAZOO by MTN, unlimited music is made available to subscribers in the below version:

- premium version, which is accessible through the use of PC, and a special application for smartphones and tablets operating systems iOS & Android, with a monthly fee of €6.49 (including VAT)

MTN reserves the right to amend the above monthly fee at any given time. In such a case, all AKAZOO subscribers will be notified following the policies of MTN.

AKAZOO by MTN, unlimited music may periodically in its sole discretion provide this service free to MTN subscribers once, as a trial period, without the existence of the paid monthly subscription fee. In case of early termination by the user, before the expiration of the trial period, there is no way to redeem the remaining time, neither to move it for a future time when the user selects to reactivate this.

MTN may offer, from time to time, Free Trial Period for the usage of the AKAZOO by MTN unlimited music for a specific period (“Free Trial Period”). MTN reserves the right, in its absolute discretion, to determine MTN subscribers’ eligibility for a Free Trial, and to withdraw or modify a Free Trial at any time without prior notice and with no liability.

At the end of such Free Trials, MTN may automatically start to charge the AKAZOO subscribers for the Premium Service on the first day following the end of the Free Trial, on a recurring monthly basis. By accepting the terms and conditions and activating the service with Free Trial, the MTN subscriber agrees to this charge. If the MTN subscriber does not want this charge, then he/she must change his/her Subscription to the Free Service through Akazoo account’s settings before the end of the Free Trial.

Usage of AKAZOO by MTN, unlimited music is valid for a period of 30 days from the date of activation. This usage right and the corresponding monthly fee will be automatically renewed for successive and consecutive periods of 30 days, unless the user deactivates the service. The deactivation of the service will happen immediately and the user will lose access to the Service even if there are remaining days of the 30 days period.

For MTN PayMonthly Subscribers the bill of AKAZOO by MTN, unlimited music is issued on a monthly basis during the entire period of its validity, under the subscriber's name and based on the identity and the address that has already been declared as part of the total bill that the subscriber receives regarding services from MTN, which will include detailed independent charges for AKAZOO by MTN, unlimited music. MTN PAYG subscribers are entitled to use the Service if they have enough airtime remaining in their account.

It should be noted that due to the nature of the service AKAZOO by MTN, unlimited music, all sales are final and the charges involved cannot be canceled after confirmation of payment, except where, in very exceptional cases, it is deemed reasonable and to the absolute and uncontrollable discretion of MTN.

INTELLECTUAL PROPERTY

Intellectual and industrial property rights in the overall content of AKAZOO by MTN, unlimited music, the names, distinguishing marks, logos, sound recordings, information, data, images, etc. that are each time contained or distinguished in any way at AKAZOO by MTN, unlimited music belong to InternetQ, its partners, beneficiaries who provide relevant licenses or to any third party beneficiaries and are protected by applicable Cyprus and EU legislation against any possible usage, reproduction, selling , intervention, transmission, distribution, republication of them in any manner and for any reason without the prior written consent of InternetQ or other beneficiary, or otherwise violate them directly or indirectly. Furthermore, InternetQ reserves generally against everything any right beyond those set out in this paragraph.

Furthermore, musical works available through AKAZOO by MTN, unlimited music are protected by copyright laws and related rights and are available only for personal use and not for commercial use. Any other use, copying, publication, modification, redistribution, etc. is expressly prohibited by the relevant provisions.

In case of violation of the above, the user is responsible accordingly against InternetQ for any liability, loss, cost or damage resulting from the illegal use.

LIABILITY

MTN cannot intervene in any way to broadcasted content and, therefore, does not provide any guarantee, nor assumes any responsibility for this, nor for the delay or incomplete updating of information, services and products contained in AKAZOO by MTN, unlimited music, as indicative of the music catalogue, nor for the content and legality or use of other websites and services of third parties to which it may refer. The user's access to them is his sole responsibility.

MTN is not responsible and shall not in any way guarantee the safety and uninterrupted and without any kind of error function of AKAZOO by MTN, unlimited music, and any programs, pictures, files, documents, related graphics, etc., the absence of viruses, to which users may have access to. The services are provided on an “AS IS” and “AS AVAILABLE” basis, and MTN does not hold any kind of responsibility towards the user or third persons for compensation or remedy of any damage that may result from the use thereof.

MTN and InternetQ likewise make no warranty that any particular computer, portable device or mobile application for smartphone will be compatible with AKAZOO by MTN, unlimited music.

AAdditionally, MTN has no liability to users of AKAZOO by MTN, unlimited music, on content that could be considered inappropriate, indecent or offensive. Finally, MTN has no responsibility in the event that is or becomes feasible through the use of the service AKAZOO by MTN, unlimited music and its website, the link to any other site, website, social networking service, as it would apply in this case by the relevant terms and conditions thereof, to whom the user only will report under, bearing the responsibility and obligation to ensure the safety from the part of the user.

USERS OBLIGATIONS

Illegal use of AKAZOO by MTN, unlimited music as well as any use contrary to any provision of the applicable national or Community legislation, in particular the one relating to the protection of intellectual property rights, and to these terms and conditions, to which all users accept unconditionally. Also, it is forbidden for any actions and omissions which may make it difficult or impossible to correct and smooth the operation of the website, for which the end user is fully responsible. Otherwise, MTN reserves the right to interrupt temporarily or permanently, at any time and without prior notice, the access to the service or discontinue the availability of content to the user who violates these obligations.

Users are solely responsible for submitting any third parties personal data to MTN without specific prior authorization, and for giving false, incorrect or inaccurate data to the company with the purpose to defraud or mislead.

COMMUNICATION

The communication between MTN and the User must be made electronically via e-mails, SMS and through communications that MTN will publish on its website www.mtn.com.cy, as well as on MTN AKAZOO micro site mtn.akazoo.com

PERSONAL DATA

MTN commits to use any personal data that users voluntarily provide with lawfulness to the Cyprus and EU legislation in order to improve the service provided to the users or to determine the needs, wants and expectations of those. The recipients of this data may be third parties that collaborate with MTN for the provision relating to the personal data services.

Cookies: MTN may use cookies, i.e. small text files stored on the user's hard drive, which are used to facilitate the access to the service, or for statistical purposes and marketing, without taking cognizance of any file on the computer. The user expressly declares that he consents to receiving cookies for these purposes.

LITIGATION

These Terms and Conditions constitute the entire agreement between MTN and the service user of AKAZOO by MTN, unlimited music. These conditions and the amendment of them shall be governed and construed in accordance with Cyprus law.

The user may request the amicable settlement from MTN after having filed the relevant documentation. Failure to resolve the dispute in the aforementioned manner, the parties retain the right to appeal to the competent District Courts of Nicosia, defined as exclusively competent.

OTHER TERMS

MTN and InternetQ may at any time, in their sole discretion, discontinue, temporarily or permanently, the access to or operation of AKAZOO by MTN, unlimited music, and to alter the terms and conditions of the service, with only an announcement on their respective websites: www.mtn.com.cy , without prior notice. Specifically:

MTN & InternetQ reserve the right to temporarily or permanently suspend access to the service, if there is a clear violation from the user of these terms and conditions, or any provision of the applicable law.

Also, MTN & InternetQ may at any time, in their sole discretion, modify the terms and conditions of this legal note with only the relevant notice in the above mentioned websites, without prior notice. Usage of the AKAZOO by MTN, unlimited music after having accepted the terms and conditions is evidence that the user accepts all changes, modifications or deletions.

Invalidity or cancellation of any term or part of any term does not render void the remaining provisions, which shall remain valid and fully develop their legal effects.

The non- exercise of MTN ‘s & InternetQ’s rights to power or rights to damages, arising by law does not constitute in any way a waiver of these rights.



Terms and conditions of the Promotional offer of the AKAZOO by MTN service

1. The offer is valid from May 14th 2015 until August 14th 2015 (“the Promotional Offer Period”) and applies to all MTN SMART M, L, Unlimited and Unlimited+ Subscribers

2. The eligible to be benefited from the Promotional Offer subscribers shall receive an informative SMS on their mobile line. Those Subscribers interested shall proceed and activate the Akazoo by MTN service in order to be benefited from the Promotional Offer.

3. The Subscribers, who activate the Akazoo by MTN service within the Promotional Offer Period shall benefit from a 30 days free trial period (“The free trial period”) as well as free data usage of the AKAZOO by MTN service. Thereafter, the Subscribers shall be paying a discounted monthly subscription fee for the service of €2.50 as long as the Akazoo by MTN service is activated.

4. The present Promotional Offer terms and conditions apply supplementary to the terms and conditions of the Akazoo by MTN service. Additional information of the Akazoo by MTN services’ terms and conditions can be found at http://mtn.akazoo.com/site/documents/terms-of-use

5. The Promotional offer is valid for use within MTN local network and does not cover any international roaming charges.

6. The free trial period is not transferable and shall be used by the Subscriber only once or within the first 30 days. In instances of early termination/deactivation of the Free Trial Period by the Subscriber, the latter cannot redeem in any way the remaining time or transfer the remaining time in case he/she chooses to reactivate the Akazoo by MTN service.

7. By the expiration of the Free Trial Period, the renewal of the subscription of the Akazoo by MTN service shall occur automatically and the discounted monthly subscription fee charge of €2.50 of the Akazoo by MTN service shall apply. The charge shall apply from the first day after the expiration of the free trial period on a 30 days period basis, according to the charging policy of the Akazoo by MTN service.

8. In case where the Subscriber does not wish to continue using the Akazoo by MTN service nor desiring the Akazoo by MTN service to be renewed, where a charge applies, he/she shall modify the subscription through the Akazoo account settings either through the Akazoo app or via the Akazoo service microsite mtn.akazoo.com, during the Free Trial Period.

9. ΜΤΝ reserves the right to amend the present terms and conditions of this offer.



Terms and conditions of the Summer Promotional offer of the AKAZOO by MTN service

1. The offer is valid from May 17th July 2015 until August 31st 2015 (“the Promotional Offer Period”) and applies to all MTN Subscribers who shall receive the Promotional Offer Coupon with the corresponding Promotional Offer Coupon Codes.

2. The Subscribers, who activate the Akazoo by MTN service within the Promotional Offer Period shall benefit from a 30 days free trial period (“The free trial period”) as well as free data usage of the AKAZOO by MTN service. Thereafter, the Subscribers shall be paying a discounted monthly subscription fee for the service of €2.50 as long as the Akazoo by MTN service is activated. The Promotional Offer is to be available in the form of a printed coupon.

3. The Promotional Offer Coupons are to be available and offered to all MTN Subscribers who are to attend the various events and organizations MTN is to be sponsoring. The Coupons are to be offered at any given time at the sole discretion of MTN.

4. The Subscribers interested are required to enter the Promotional Offer Coupon code during the process of activating the Akazoo by MTN service in order to be benefited from the Promotional Offer. The Promotional Offer Coupon Code is depicted on each Promotional Offer Coupon that is to be given to the interested Subscriber.

5. The Promotional Offer Coupon codes are available and are valid until the Expiration Date as indicated below. The Subscriber interested is to be able to activate the Service and be benefited from the Promotional Offer from the Availability Date until the Expiration Date as explicitly indicated below

Promotional Offer Coupon Code Availability Date Expiration Date
akazoomusic 17 July 2015 21 July 2015
akazoosummer 1 August 2015 31 August 2015
unlimitedmusic 14 August 2015 18 August 2015
summermusic 1 August 2015 31 August 2015

6. The present Promotional Offer terms and conditions are applying in addition to the terms and conditions for the use of the service of Akazoo by MTN. Additional information of the Akazoo by MTN service’ Terms and Conditions can be found at http://mtn.akazoo.com/site/documents/terms-of-use

7. The Promotional offer is valid for use within MTN local network and does not cover any international roaming charges

8. The free trial period is not transferable and shall be used by the Subscriber only once or within the first 30 days. In instances of early termination/deactivation of the Free Trial Period by the Subscriber, the latter cannot redeem in any way the remaining time or transfer the remaining time in case he/she chooses to reactivate the Akazoo by MTN service.

9. By the expiration of the Free Trial Period, the renewal of the subscription of the Akazoo by MTN service shall occur automatically and the discounted monthly subscription fee charge of €2.50 of the Akazoo by MTN service shall apply. The charge shall apply from the first day after the expiration of the free trial period on 30 days period basis, according to the charging policy of the Akazoo by MTN service.

10. Σε περίπτωση που οι Συνδρομητές δεν επιθυμούν να συνεχίσουν τη χρήση της υπηρεσίας AKAZOO by MTN ή δεν επιθυμούν να ανανεωθεί αυτόματα η συνδρομή τους στην AKAZOO by MTN υπηρεσία η οποία προϋποθέτει χρέωση, μπορούν να απενεργοποιήσουν την υπηρεσία είτε μέσω της εφαρμογής AKAZOO είτε μέσω της ιστοσελίδας της υπηρεσίας mtn.akazoo.com πριν τη λήξη της Δωρεάν Δοκιμαστικής Περιόδου.

11. Η ΜΤΝ διατηρεί το δικαίωμα τροποποίησης των παρόντων όρων και προϋποθέσεων της παρούσας Προσφοράς.

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