Thursday, November 21, 2024
 

ONLINE DATA PROTECTION POLICY

Effective Date: June 2017

Moby Group and/or its affiliates and entities (collectively “Moby”, “we” or “us”) collects information about you when you use or access our websites and other web-based products, information or services (collectively, the “Online Services”) and through other interactions and communications you have with us. This privacy policy sets out the basis on which any information, including any personal data, we collect from you, or you provide to us, will be processed by Moby. Each time you access or use the Online Services or provide us with information, by doing so you are accepting and consenting to the practices described in this privacy policy.

1 - Scope and Application

This privacy policy (this “Privacy Policy") applies to persons anywhere in the world who access or use our Online Services (“Users”).

2 - Collection of Information

Information You Provide to Us

We collect information you provide directly to us through your access or use the Online Services or otherwise communicate with us. This information may include: your name, email address, phone number, postal address, profile picture, payment method, financial and credit card information, and other information you choose to provide.

 

Please note that we do not knowingly collect, keep or maintain personal information from children under the age of 18 through the Online Services, as we require that all users represent to us that they are at least 18 years old.

 

Information We Collect Through Your Use of the Moby websites

When you use any Moby Online Services, we may collect personal information (i.e. information that could be used to contact you directly such as full name, postal address, phone number, credit/debit card information, or email address; “Personal Information”) and demographic information (i.e. information that you submit, or that we collect, that is not personal information; this may include, but is not limited to, post code, hometown, gender, username, device information, including the type of mobile device you use, a unique device identifier (for example, your device's IMEI number, the MAC address of the device's wireless network interface, or the mobile phone number used by the device), mobile network information, your mobile operating system, the type of mobile browser you use, time zone setting, device location, IP address, SMS data, transaction information, age/birth date, browsing history information, searching history information, and registration history information) (“Demographic Information” and, together with Personal Information, “Personal Data”).

3 - Use of Personal Data

We may use Personal Data which you provide to us or we collect from you to:

· Provide, maintain, and improve our Online Services, including, for example, to facilitate payments, send receipts, provide products and services you request (and send related information), develop new features, provide customer support to Users, authenticate users, and send administrative messages;

· Perform internal administration and operations, including, for example, to prevent fraud and abuse of our Online Services; to troubleshoot software bugs and operational problems; to conduct data analysis, testing, and research; and to monitor and analyze usage and activity trends;

· Send you communications we think will be of interest to you, including information about products, services, promotions, news, and events of Moby and other companies, where permissible and according to local applicable laws; and to process contest, sweepstake, or other promotion entries and fulfill any related awards;

· Notify you about changes to our Online Services;

· Allow you to participate in any interactive features of our Online Services;

· Keep our Online Services safe and secure; and

· Personalize and improve the Online Services, including to provide or recommend features, content, social connections, referrals, and advertisements.

4 - Storage and Transfer of Personal Data

You agree that we have the right to transfer the Personal Data described in this privacy policy to and from, and process and store it in, the United Arab Emirates and other countries, some of which may have less protective data protection laws than the region in which you reside. Where this is the case, we will take appropriate measures to protect your Personal Data in accordance with this privacy policy. By submitting your Personal Data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure your data is treated securely and in accordance with this privacy policy.

To preserve the integrity of our databases, to carry out on-going Online Services on your behalf, for research, analytics and statistics purposes and to ensure compliance with applicable laws and regulations, we retain Personal Information and Demographic Information submitted by Users for a reasonable length of time. Moby is not responsible for the accuracy of the information you provide, and will modify or update your Personal Information in our databases upon your request. If required by law or at your request, we will erase or archive from active use your Personal Information. By accessing or using the Online Services, you do hereby represent and warrant that you understand that all information submitted by you through the Online Services or otherwise to Moby may be used by Moby in accordance with applicable laws and this privacy policy.

5 - Sharing of Personal Data

We may share Personal Data which we collect about you as described in this privacy policy or as described at the time of collection or sharing, including as follows:

Through Our Online Services

We may share your Personal Data:

· With third parties to provide you a service you requested through a partnership or promotional offering made by a third party or us;

· With third parties with whom you choose to let us share your Personal Data, for example other apps or websites that integrate with our API or Online Services, or those with an API or Service with which we integrate; and

Other Important Sharing

We may share your Personal Data:

· With Moby subsidiaries and affiliated entities;

· With vendors, consultants, marketing and advertising partners, and other service providers who need access to such Personal Data to carry out work on our behalf or to perform any contract we enter into with them;

· In response to a request for information by a competent authority if we believe disclosure is in accordance with, or is otherwise required by, any applicable law, regulation, or legal process;

· With law enforcement officials, government authorities, or other third parties as required by law;

· With third parties in connection with, or during negotiations of, any merger, sale of company assets, consolidation or restructuring, financing, or acquisition of all or a portion of our business by or into another company;

· If we otherwise notify you and you consent to the sharing;

· With third parties in an aggregated and/or anonymized form which cannot reasonably be used to identify you

6 - Your Choices

Marketing and Opting Out

Moby provides Users the opportunity to opt-out of receiving communications from us and our partners at the point where we request information about the visitor. You have the option to ask us not to process your Personal Data for marketing purposes and to remove it from our database, to not receive future communications or to no longer receive our Online Services.

Access to Information

You have the right to access information held about you. Your right of access can be exercised in accordance with the Acts. Any access request may be subject to a fee to meet our costs in providing you with details of the information we hold about you.

Changes to this Privacy Policy

We may change this privacy policy from time to time. If we make significant changes in the way we treat your Personal Data, or to the privacy policy, we will provide you notice through the Online Services or by some other means, such as email. Your continued use of the Online Services after such notice constitutes your consent to the changes. We encourage you to periodically review this privacy policy for the latest information on our privacy practice.

7 - Security Precautions

Moby makes every effort to ensure that your Personal Data is secure on its system. Moby has staff dedicated to maintaining our privacy policy as set forth herein and other privacy initiatives, periodically reviewing Web security and making sure that every Moby employee is aware of our security practices. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, Moby cannot guarantee the security of any Personal Data you transmit to us, and you do so at your own risk. If You have any further questions on this issue, refer to our customer terms of use. To the extent permitted by applicable law, Moby expressly disclaims any liability that may arise should any other individuals obtain the Personal Data you submit.

8 - Cookies

Our website uses cookies to distinguish you from other users of our website. This helps us to provide you with a good experience when you browse our website and also allows us to improve our website and the Online Services we provide. By accessing and browsing our website, you are agreeing to our use of cookies.

9 - Contact Us

If you have any questions, comments and requests related to this Privacy Statement, or if you have any complaints related to how Moby processes your personal data, please contact us at:

Legal Department Or at [email protected]

Moby Media FZ-LLC
PO Box 478802
Office 408, 4th Floor, Bldg. 3
Studio City, Dubai, UAE

 

CONFIDENTIALITY

This Policy is confidential and proprietary to Moby and, accordingly, are not to be distributed outside of Moby without written approval of Moby Legal and Compliance.

DEVIATIONS

Any deviations from this policy must be reviewed and approved in accordance with the appropriate policy and signed off by all relevant stakeholders.

POLICY REVISIONS

This policy will be reviewed annually and, if necessary, revised. Any revisions of this policy must be reviewed and approved in accordance with the appropriate policies and signed off by all relevant stakeholders.

 

LEMAR TV Terms of Use

TERMS OF USE (SEE BELOW, the “Terms” or “TOU”).  Please take the time to read the full Terms because you accept and agree to be bound by them when you visit LEMAR TV’s websites (www.Lemar.tv).

Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. Access to and use of this websites (www.Lemar.tv) is provided by LEMAR TV subject to the following terms ("Terms of Use"): 

Acceptance of Terms

By visiting and using this website you accept and agree to be bound by these Terms of Use, including any future modifications, and to abide by all applicable laws, rules and regulations. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OF USE, PLEASE DO NOT USE THIS WEBSITE. Please note that these Terms of Use may be revised and reissued without notice at any time by updating this posting. Your continued use of this website will be deemed acceptance of any revisions. Affiliates of LEMAR TV (“Affiliated Companies”) operate a large number of websites, mobile applications and other services associated with their businesses, brands and products, which may have terms of use that differ from these Terms of Use. These Terms of Use do not apply to websites, mobile applications and other services offered by Affiliated Companies. A list of Affiliated Companies is located via the Business Segments link on the home page of this website.

PLEASE NOTE THAT THE “ARBITRATION AGREEMENT” SECTION BELOW CONTAINS PROVISIONS THAT REQUIRE ALL DISPUTES ARISING BETWEEN YOU AND LEMAR TV UNDER THIS AGREEMENT TO BE RESOLVED IN BINDING ARBITRATION, AND NOT IN COURT, AND YOU AND LEMAR TV WAIVE THE RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION IN CONNECTION WITH SUCH DISPUTES. BY USING THIS SITE AND ACCEPTING THIS AGREEMENT, YOU AGREE TO BE BOUND BY THE ARBITRATION AGREEMENT.  PLEASE READ IT CAREFULLY.

Careers

When you submit personal information to the Careers section of this website, you are authorizing LEMAR TV to utilize this information for lawful and legitimate hiring and employment purposes. LEMAR TV also reserves the right, at its sole discretion, to forward the information you submit to its Affiliated Companies for legitimate business and employment purposes. When you apply for employment at any Affiliated Company, and when LEMAR TV shares your personal information with an Affiliated Company, your information will be collected and handled pursuant to that Affiliated Company’s hiring policies and practices. Nothing in these Terms of Use or in any feature or aspect of this website constitutes a promise by LEMAR TV or any of its Affiliated Companies to contact, interview, hire or employ any individual who submits information to this or an Affiliated Company’s website, nor will anything in these Terms of Use or in any feature or aspect of this website constitute a promise that LEMAR TV or any of its Affiliated Companies will review any or all of the information submitted by users of this website or any website operated by an Affiliated Company. 

Access

LEMAR TV may change, suspend or discontinue this website (or any feature thereof) at any time.  LEMAR TV may also impose limits on certain features and services offered on this website or restrict your access to parts or all of the website without notice or liability.  You acknowledge that from time to time the website may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which LEMAR TV may undertake from time to time; or (iii) causes beyond the control of LEMAR TV or which are not reasonably foreseeable by LEMAR TV.

Legal Disclaimer

This website has been prepared solely for the purpose of providing information about LEMAR TV and the services and products LEMAR TV and its Affiliated Companies offer. This website has been compiled in good faith by LEMAR TV. However, no representation is made as to the completeness or accuracy of the information on this website. In particular, you should be aware that this information may be incomplete, may contain errors or may have become out of date. The reports filed and information presented on this website by LEMAR TV speak only as of date of the respective report or reporting period indicated on the respective report LEMAR TV makes no commitment, and disclaims any duty, to update any of those reports to reflect subsequent events or circumstances except as required by law. LEMAR TV reserves the right to add, modify or delete any information on this website at any time. 

Content on this Website

This website and the content and materials contained on this website (collectively, "Content") are protected by copyrights, patents, trade secrets or other intellectual property and proprietary rights under the laws of the Islamic Republic of Afghanistan and other countries. LEMAR TV respects the intellectual property rights of others and asks users of this website to do the same.

Your right to make use of this website and any Content appearing on it is subject to your compliance with these Terms of Use. This website and any Content appearing on it may be used only for your personal and non-commercial use. You agree not to copy, reproduce, modify, display, perform, publish, create derivative works from, or store any content or materials appearing on this website, without the express prior written consent of LEMAR TV.  You may not, without LEMAR TV’s written permission, “mirror” any Content contained on the Site or any other server.  You may not use the Site for any purpose that is unlawful or prohibited by the Agreement.  You may not use the Site in any manner that could damage, disable, overburden, or impair the Site, or interfere with any other party’s use and enjoyment of the Site.  You may not attempt to gain unauthorized access to the Site through hacking, password mining or any other means.  LEMAR TV reserves the right, in its sole discretion, to terminate your access to the Site, or any portion thereof, at any time, for any reason or for no reason at all, without prior notice or any notice.

Use or modification of the Content on this website for any purpose not permitted by these Terms of Use is prohibited. 

Notice and Procedure for Making Claims of Copyright Infringement

If you are a copyright owner or an agent thereof and believe that any Content on this website infringes your copyright, you may submit a notification pursuant to Afghan Law on Protecting the Rights of Author, Writer, Artist and Researcher (Copyright) by providing our Designated Agent (as set forth below) with the following information in writing:

 - Your physical or electronic signature or the physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

 - Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on this website are covered by a single notification, a representative list of such works on this website;

 - Identification of the material that is claimed to be infringing or 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 us to locate the material;

 - Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if applicable, e-mail address;

 - 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; and

 - A statement by you that the information in the notification is accurate, and under penalty of perjury, that you are the copyright owner or you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Written notification of claimed infringement must be submitted to the following Designated Agent:

MOBY Group Afghanistan
Attn: Legal Department
House #3, Street #12, Wazir Akbar Khan, Kabul, Afghanistan
P.O. Box: 225
Email Address of Designated Agent: [email protected].  

LEMAR TV reserves the right to remove any Content that infringes the copyright of any person under the laws of Afghanistan upon receipt of a notice as set forth above. The LEMAR TV has a policy of terminating repeat infringers’ access to our websites in appropriate circumstances.

For clarity, only notices of claims for alleged copyright infringement should be sent to the Designated Agent.

Violation of the Term of Use

LEMAR TV reserves the right, at all time, to disclose and make available any information we have about you (including your identity) if such disclosure is for complying with applicable law, regulation or legal processes, is requested by any other authoritative government agency, is ordered by a court of competent jurisdiction, or is necessary for any investigation or complaint regarding your use of the website, or the disclosure is essential to identify, contact or bring legal action against someone who may be intentionally or unintentionally infringing LEMAR TV’s rights and property by causing injury to or interfering therewith or with the rights or property of other users of the website. LEMAR TV will also disclose and exchange the information with other companies and organizations to protect against fraud.

External Links and Services

LEMAR TV and the affiliated companies may provide, or third parties may provide, links to other websites, applications, resources or other services created by unaffiliated third parties (“External Services”), such as Facebook and Twitter. When you engage with a provider of an External Service, you are interacting with the unaffiliated third party, not with LEMAR TV or the affiliates thereof.  If you choose to use an External Service and share information with it, the provider of the External Service may use and share your data in accordance with its privacy policy and your privacy settings on such External Service.  LEMAR TV encourages you not to provide any personally identifiable information to or through any External Service unless you know and are comfortable with the party with whom you are interacting.  In addition, the provider of the External Service may use other parties to provide portions of the application or service to you, such as technology, development or other services. When you access External Services, you do so at your own risk.

Disclaimer of Warranties

YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. THIS WEBSITE AND ALL CONTENT, INFORMATION, SOFTWARE AND OTHER MATERIALS CONTAINED OR USED IN THE OPERATION OF THIS WEBSITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LEMAR TV EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT AND WARRANTIES IMPLIED FOR A COURSE OF PERFORMANCE OR COURSE OF DEALING, AS WELL AS ANY GUARANTY OR ASSURANCE THE WEBSITE OR ANY CONTENT, INFORMATION, SOFTWARE AND OTHER MATERIALS WILL BE AVAILABLE, UNINTERRUPTED OR ERROR FREE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.  TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LEMAR TV WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF DATA, PROPERTY DAMAGE, PERSONAL INJURY OR DEATH) RESULTING FROM USE OF THIS WEBSITE, PROBLEMS OR TECHNICAL MALFUNCTION IN CONNECTION WITH ITS USE, ATTENDANCE AT A LEMAR TV EVENT, ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED IN CONNECTION WITH THIS WEBSITE, ANY THIRD PARTY ADVERTISEMENT OR THIRD PARTY SERVICE TRANSMITTED ON, THROUGH OR IN CONNECTION WITH THIS WEBSITE.  YOUR USE OF USER CONTENT, THIRD PARTY ADVERTISEMENTS, THIRD PARTY SERVICES AND THE GOODS OR SERVICES PROVIDED BY ANY THIRD PARTIES IS SOLELY YOUR RESPONSIBILITY AND AT YOUR OWN RISK.  YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS WEBSITE, AND ANY INFORMATION TRANSMITTED OR RECEIVED IN CONNECTION THEREWITH, MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES.  Without limiting the foregoing, LEMAR TV is not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of this website.  TO THE FULLEST EXTENT PERMITTED BY LAW, YOU ASSUME RESPONSIBILITY FOR THE ENTIRE COST OF ANY MAINTENANCE, REPAIR OR CORRECTION TO YOUR COMPUTER SYSTEM OR OTHER PROPERTY OR RECOVERY OR RECONSTRUCTION OF LOST DATA NECESSITATED BY YOUR USE OF THE LEMAR TV SERVICES.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LEMAR TV WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOST PROFITS) ARISING FROM ANY USE OF, OR INABILITY TO USE, THIS WEBSITE OR ANY CONTENT, INFORMATION, SOFTWARE AND OTHER MATERIALS, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF LEMAR TV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU (AND NOT LEMAR TV) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

YOU ACKNOWLEDGE AND AGREE THAT ANY DAMAGES YOU INCUR ARISING OUT OF LEMAR TV’S ACTS OR OMISSIONS OR YOUR USE OF THIS WEBSITE ARE NOT IRREPARABLE AND ARE INSUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING THE AVAILABILITY OF OR ANY PERSON’S ABILITY TO ACCESS ANY PORTION OF THIS WEBSITE

Arbitration Agreement

1 - LEMAR TV, including its Affiliated Companies, agents, employees, predecessors in interest, successors, and assignees, and you agree that any Dispute (as defined herein) between you and LEMAR TV regarding any aspect of your relationship with LEMAR TV, will be resolved in a binding, confidential, individual and fair arbitration process, and not in court.  Each of you and LEMAR TV agrees to give up the right to sue in court. The term “Dispute” is to be given the broadest possible meaning that will be enforced, and shall include any dispute, claim, demand, count, cause of action, or controversy between you and LEMAR TV, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, or any other intentional tort), or any other legal or equitable theory.  The term “Dispute” specifically includes, but is not limited to, any and all claims between you and LEMAR TV in any way related to or concerning this Arbitration Agreement, any other aspect of these Terms of Use (including their applicability and their conformance to applicable law), any products or services provided by LEMAR TV, any billing disputes, and any disputes relating to telephonic, text message, or any other communications either of us received from the other.  The only exceptions to this Arbitration Agreement shall be as required under applicable local law, if any.  Disputes over whether any exceptions apply shall be resolved by the court in which such action has been brought; all other disputes over arbitrability shall be resolved by the arbitrator.  Each of you and LEMAR TV also agrees to give up the ability to seek to represent, in a class action or otherwise, anyone but each of you and LEMAR TV (see paragraph 9 below). Court review of the arbitration award shall only be in accordance with the applicable law.  The appointed arbitrator(s) must be bound by the terms of this arbitration agreement.  The arbitrator, however, can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief, or statutory damages).

2 - All domestic disputes between LEMAR TV and any other Afghan national (“Domestic Disputes”) shall be finally resolved through domestic arbitration, and all disputes of international nature between LEMAR TV and any other non-Afghan (“International Disputes”) shall be resolved through international arbitration as outlined below. Regardless whether the dispute is a domestic or international, the substantive law shall be the laws of the Islamic Republic of Afghanistan.

Domestic Arbitration

Any domestic arbitration between you and LEMAR TV shall be conducted by the Afghan Center for Dispute Resolution (“ACDR”) pursuant to the Afghan Law of Commercial Arbitration (the “Domestic Rules”). The venue of arbitration shall be Kabul, Afghanistan. The Arbitration shall be conducted by a single neutral arbitrator; and if you and LEMAR TV cannot agree on who that single arbitrator will be, the arbitrator shall be appointed by ACDR pursuant to the Rules. This Arbitration Agreement shall survive termination of this Agreement. The Afghan Law on Commercial Arbitration may be found at http://www.wipo.int/edocs/lexdocs/laws/en/af/af027en.pdf. 

International Arbitration

All International Disputes between you and LEMAR TV shall be submitted to the Dubai International Arbitration Center (“DIAC”) pursuant to DIAC Arbitration Rules 2007 (the “International Rules”). The venue for arbitration shall be Dubai, UAE. The language of arbitration shall be English. The Arbitration shall be conducted by a single neutral arbitrator; and if you and LEMAR TV cannot agree on who that single arbitrator will be, the arbitrator shall be appointed by the institution pursuant to the Rules. This Arbitration Agreement shall survive termination of this Agreement. The DIAC Arbitration Rules may be found at http://www.diac.ae/idias/rules/.

3. If either you or LEMAR TV wants to arbitrate a claim, you or LEMAR TV must first send by mail to the other a written Notice of Dispute (“Notice”) that sets forth the name, address, and contact information of the party giving notice, the specific facts giving rise to the Dispute, the website or portion of the website to which the Notice relates, and the relief requested.  Your Notice to LEMAR TV must be sent by mail to LEMAR TV’s head office at Street #12, Wazir Akbar Khan, Kabul, Afghanistan. LEMAR TV will send any Notice to you at the contact information we have for you or that you provide. It is the sender’s responsibility to ensure that the recipient receives the Notice.  During the first 45 days after you or we send a Notice to the other, you and we may try to reach a settlement of the Dispute. 

If you and we do not resolve the Dispute within 45 days, either you or we may initiate arbitration in accordance with the provisions of these Terms of Use. In addition to filing this Demand for Arbitration, you must send a copy of this completed Demand for Arbitration to LEMAR TV at the address listed above to which you sent your Notice of Dispute. 

4. You and LEMAR TV acknowledge and agree to abide by the following rules for arbitration: (a) YOU AND LEMAR TV MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE OR MULTI-CLAIMANT PROCEEDING, AND THE ARBITRATOR SHALL HAVE NO POWER TO AWARD CLASS-WIDE RELIEF; (b) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (c) each side pays his, her or its own attorneys' fees, except as otherwise provided in paragraph 7 below.

5. Filing fees or other charges shall be payable in line with the procedural rules of this arbitration agreement.

6. Regardless of how the arbitration proceeds, each of you and LEMAR TV shall cooperate in good faith in the exchange of non-privileged documents and information as necessary in accordance with the procedural rules of this arbitration agreement, and the arbitrator shall issue a reasoned written decision sufficient to explain his or her findings and conclusions.

7. Each of you and LEMAR TV may incur attorneys’ fees during the arbitration. Each side agrees to pay his, her or its own attorneys' fees unless the claim(s) at issue permit the prevailing party to be paid its attorneys' fees, and in such instance, the fees awarded shall be determined by the applicable law(s). In addition, if the arbitrator, at the request of the winning party, finds that the losing party brought a claim or asserted a defense frivolously or for an improper purpose, then regardless of the amount in dispute, the arbitrator must order the losing party to pay both sides’ arbitration fees and may order the losing party to pay the winning party’s reasonable attorneys’ fees, unless such an award of fees is prohibited by applicable law.

8. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.  The arbitrator may not order LEMAR TV to pay any monies to or take any actions with respect to persons other than you, unless LEMAR TV explicitly consents in advance, after an arbitrator is selected, to permit the arbitrator to enter such an order Further, unless LEMAR TV expressly agrees, the arbitrator may not consolidate other persons’ claims with yours, and may not otherwise preside over any form of a representative, multi-claimant or class proceeding.

9. You and LEMAR TV agree to maintain the confidential nature of the arbitration proceeding and shall not disclose the fact of the arbitration, any documents exchanged as part of any mediation,  proceedings of the arbitration, the arbitrator’s decision and the existence or amount of any award, except as may be necessary to prepare for or conduct the arbitration (in which case anyone becoming privy to confidential information must undertake to preserve its confidentiality), or except as may be necessary in connection with a court application for a provisional remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or court order.

10. Except for subpart (a) in paragraph (4) (i.e., the waiver of the ability to proceed on behalf of multiple claimants or a purported class), if any part of this Arbitration Agreement is deemed invalid, unenforceable, or illegal, then the balance of this Arbitration Agreement shall remain in effect and be construed in accordance with its terms as if the invalid, unenforceable, or illegal provision were not contained. If, however, subpart (a) in paragraph (4) is found invalid, unenforceable or illegal, then the entirety of this Arbitration Agreement shall be null and void, but the rest of these Terms, including the provisions governing where actions against LEMAR TV must be pursued, the choice of governing law, will remain in effect and apply to any claim that, for this or any other reason, proceeds in court rather than in arbitration.

Indemnity

You agree to indemnify, defend and hold LEMAR TV and its affiliates, and their respective successors and assignees, directors, officers, employees, representatives, agents, licensors, suppliers and service providers harmless from any and all claims, liabilities, damages, losses, costs and expenses (including reasonable attorneys’ fees), arising in any way out of or in connection with (a) your use of this website, (b) your breach or violation of these Terms of Use; or (c) your violation of any rights of another. MOBBY reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you and all negotiations for its settlement or compromise, and you agree to fully cooperate with us upon our request.

Governing Law

These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the Islamic Republic of Afghanistan, without regard to its conflict of law provision. Except with respect to Disputes to be resolved through an arbitration process in accordance with the Arbitration Agreement contained above, you and LEMAR TV agree to submit to the exclusive jurisdiction of the courts located in Kabul, Afghanistan to resolve any Dispute arising out of these Terms or this website. YOU HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT YOU MAY HAVE TO A RECOMMENDED ARBITRATION BY THE HUQOQ IN RESPECT OF ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THESE TERMS OF USE.

YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR THIS WEBSITE MUST BE COMMENCED IN GOOD FAITH AND WITHIN ONE (1) MONTH OF YOUR KNOWLEDGE OF INFRINGEMENT. AFTER SUCH PERIOD, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED UNLESS THE APPLICABLE LAW STATES OTHERWISE.

Miscellaneous

These Terms of Use contain the complete and entire understanding and agreement between you and LEMAR TV concerning this website and supersedes any and all prior or contemporaneous understandings relating to the website and your use thereof. These Terms of Use cannot be changed orally. Except as otherwise expressly provided herein, if any provision of these Terms of Use is unlawful, void or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. The failure of LEMAR TV to exercise or enforce any right or provision of these Terms of Use will not operate as a waiver of such right or provision.

The Section titles in these Terms of Use are for convenience only and have no legal or contractual effect.  These Terms of Use operate to the fullest extent permissible by law.

You agree that any notices LEMAR TV may be required by applicable law to send to you will be effective upon LEMAR TV’s sending an e-mail message to the e-mail address you have on file with LEMAR TV or publishing such notices on the informational page(s) of this website.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and MLEMAR TV as a result of these Terms of Use or your use of this website.  A printed version of these Terms of Use and of any notice related to it shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent as other business documents and records originally generated and maintained in printed form.

Nothing contained in these Terms of Use limits LEMAR TV’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of this website or information provided to or gathered by us in connection with such use.

LEMAR TV reserves the right to modify or discontinue, temporarily or permanently, all or any part of this website and/or any Content, software, functions, and services on this website, with or without notice, and/or to establish general guidelines and limitations on their use.

LEMAR TV is based Afghanistan and this website is hosted in Afghanistan.  If you use this website from a jurisdiction other than Afghanistan, you agree that you do so of your own initiative, and you are responsible for complying with local laws as applicable to such use. 

These Terms of Use were last updated on November 22, 2017.