Augustus Media Terms & Conditions

These terms and conditions of use (the “Agreement”) are entered into by and between you (“you” or “user”) and Augustus Media Holdings LTD, on behalf of itself and all its subsidiaries, affiliates, brands, and entities that it controls, including ‘Lovin’ and ‘Smashi’ in all relevant registered operating entities*. (collectively, “Augustus, Augustus Media,” “we,” “us,” or “our”).

This Agreement, together with any documents this Agreement expressly incorporates by reference, governs your access to and use of the websites, social media accounts, content, information, features, tools, resources, online offerings, applications, and other products and services produced, maintained, distributed, or provided by Augustus, whether as a guest or a registered user (the “Services”).

*Augustus Media are the sole License IP rights holders for the ‘Lovin’ media brand in the following territories UAE, Bahrain, Qatar, Kuwait, Oman, Saudi Arabia, Yemen, Jordan, Lebanon, Syria, Palestine, Sudan, Egypt, Pakistan, Iran and Iraq. 

Please read this Agreement carefully. This is a legal contract between you and Augustus Media.

  1. Acceptance of Agreement.

By accessing or using the Services or any other products or services made available or enabled via the Services, clicking on a button, or taking another action to signify your acceptance of this Agreement, you: (a) agree to be bound by this Agreement and any future amendments and additions to this Agreement as published through the Services; (b) represent you are of legal age in your jurisdiction of residence to form a binding contract; and (b) represent that you have the authority to enter into this Agreement personally and, if applicable, on behalf of any company, organization or other legal entity on whose behalf you use the Services. Except as otherwise provided herein, if you do not agree to be bound by this Agreement, you may not access or use the Services.

  1. Changes to this Agreement.

Subject to Section 19(i) of this Agreement, we may modify this Agreement or its policies at any time in our sole discretion. All changes are effective immediately when we post them. Your continued access and use of the Services following the posting of a revised Agreement means that you accept and agree to the changes. You should check this page regularly and review this Agreement so that you are aware of any changes, as they are binding on you.

3. Your Responsibilities.

You are responsible for obtaining and maintaining at your own cost all equipment and services needed for access to and use of the Services. When you register with us and each time you access the Services, you may be providing certain information about yourself. You agree that we may use any information that we obtain about you in accordance with the provisions of our Privacy Policy, available at www.weareaugustus.com/privacy. If you elect to register with us, you agree to: (a) provide true, accurate, current, and complete information as prompted by the registration form; and (b) maintain and update such information to keep it true, accurate, current, and complete at all times. In addition, you agree not to use the Services to: (a) violate any local, national, or international law or regulation; (b) transmit any material that is abusive, harassing, tortious, defamatory, vulgar, pornographic, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable; (c) transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation; (d) transmit any material that contains adware, malware, spyware, software viruses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (e) stalk, harass, or harm another individual, including revealing the real name of any fellow user that has chosen to use an alias on the Services; (f) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (g) use any “robot,” ‘spider,” “rover,” ‘scraper” or any other data-mining technology or automatic or manual process to monitor, cache, frame, mask, extract data from, copy or distribute any data from the Services, our network or databases; or (h) interfere with or disrupt the Services or servers or our networks, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services.

4. User Submissions.

We do not claim ownership of any information, data, text, software, music, sound, photographs, graphics, video, messages, tags or other materials you submit for display or distribution to others through the Services (collectively, “User Submissions”). 

As between you and us, you own all rights to your User Submissions. However, you grant to us and our affiliates, representatives, sublicensees and assigns an irrevocable, perpetual, non-exclusive, fully-paid, license (sublicensable through multiple tiers) throughout the universe to use, distribute, syndicate, license, reproduce, modify, adapt, publish, translate, publicly perform, create derivative works and publicly display your User Submissions (in whole or in part) in any format or medium now known or later developed; provided, however, that our exercise of our rights under the foregoing license shall at all times be subject to the limitations upon disclosure of your User Submissions imposed on us under our Privacy Policy. 

We reserve the right to display advertisements in connection with User Submissions and to use User Submissions for advertising and promotional purposes without any compensation to you. These advertisements may be targeted to the content or information stored on the Services. In consideration for us granting you access and use of the Services, you agree that we may place such advertisements throughout our Services. 

We do not pre-screen User Submissions, and you agree that you are solely responsible for all of your User Submissions. We are not required to host, display, or distribute any User Submissions, and may remove at any time or refuse any User Submissions in our sole discretion. 

We are not responsible for any loss, theft or damage of any kind to any User Submissions. You represent and warrant that your User Submissions and our authorized use of such submissions do not and will not infringe the rights of any third party (including, without limitation, intellectual property rights, rights of privacy or publicity, or any other legal or moral rights). You, and not we, are responsible for any consequences of sharing personal information about yourself on public areas of the Service, such as your home address or the home address of others.

We own all rights, title, and interests in any compilation, collective work or other derivative work created by us using or incorporating your User Submissions. When you use a feature on the Services that allows users to share, transform, readapt, modify, or combine User Submissions with other content, you grant us and our users an irrevocable, non-exclusive, royalty free, perpetual, right and license in the universe to use, reproduce, modify, display, remix, perform, distribute, redistribute, adapt, promote, create derivative works, and syndicate User Submissions in any medium and through any form of technology or distribution and to permit any derivative works to be licensed under these same license terms. The rights granted under this section will survive the termination of this Agreement.

All content and materials provided on the Services are intended for general information, general discussion, education, and entertainment purposes only. Do not construe that such content is either endorsed or verified by us. THE CONTENT IS PROVIDED “AS IS,” AND YOUR USE OR RELIANCE ON SUCH MATERIALS ARE SOLELY AT YOUR OWN RISK.

5. Feedback.

You agree that your submission of any ideas, suggestions, documents, and proposals to Augustus Media (“Feedback”) is at your own risk and that Augustus has no obligations with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Augustus the right to use any Feedback in any way at any time without any additional approval or compensation.

6. Ownership of and License to Use Augustus Media Properties.

Use of the Services. Except with respect to User Submissions, Augustus and its suppliers own all rights, title and interest in the Services. The Services are protected by copyright and other intellectual property laws throughout the world. Subject to this Agreement, Augustus grants you a limited license to use the Services solely for your personal non-commercial purposes. Any future release, update or other addition to the Services shall be subject to this Agreement. Augustus, its suppliers and service providers reserve all rights not granted in this Agreement.

Trademarks. Augustus Media Brands’ stylized name(s) ie. ‘Lovin’ and ‘Smashi’ and other related graphics, logos, service marks and trade names used on or in connection with the Services are the trademarks of Augustus and may not be used without permission in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in the Services are the property of their respective owners. You will not remove, alter or obscure any copyright notice, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.

7. Restrictions on Use of Services.

The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Services or any portion of the Services; (b) you shall not frame or use framing techniques to enclose any trademark, logo or Services (including images, text, page layout or form) of Augustus Media; (c) you shall not use any metatags or other “hidden text” using Augustus name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Services except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from the Services (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) you shall not access the Services to build a similar or competitive website, application or service; (g) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Services; (i) you shall not interfere with or attempt to interfere with the proper functioning of the Services or use the Services in any way not expressly permitted by this Agreement; and (j) you shall not attempt to harm our Services, including but not limited to, by violating or attempting to violate any related security features, introducing viruses, worms, or similar harmful code into the Services, or interfering or attempting to interfere with use of the Services by any other user, host or network, including by means of overloading, “flooding,” “spamming,” “mail bombing”, or “crashing” the Services. Any unauthorized use of the Services terminates the licenses granted by Augustus pursuant to this Agreement.

8. Copyright Infringement and Trademark Rights.

We respect the intellectual property rights of others. Accordingly, we have a policy of removing User Submissions that violate copyright law, suspending access to the Services (or any portion thereof) to any user who uses the Services in violation of copyright law, and/or terminating in appropriate circumstances the account of any user who uses the Services in violation of copyright law. If you believe a user of the Services is infringing your copyright, please provide written notice to our agent listed below for notice of claims of copyright infringement.

Augustus Media Holdings LTD, 2406 ResCo-work 02, 24thFloor, Al Sila Tower, Abudhabi Global Market Square, Al Maryah Island, Abu Dhabi, United Arab Emirates. Email: compliance@weareaugustus.com 

Your written notice must: (a) contain your physical or electronic signature; (b) identify the copyrighted work alleged to have been infringed; (c) identify the allegedly infringing material in a sufficiently precise manner to allow us to locate that material; (d) contain adequate information by which we can contact you (including postal address, telephone number, and e-mail address); (e) contain a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, the copyright owner’s agent, or the law; (f) contain a statement that the information in the written notice is accurate; and (g) contain a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. Please do not send notices or inquiries unrelated to alleged copyright infringement to our designated copyright agent.

If you believe that your trademark is being used somewhere on the Services in a way that constitutes trademark infringement, the owner or an agent of the owner may notify us at compliance@weareaugustus.com. We ask that any complaints provide the accurate identity of the owner, how we may contact you, and the specific nature of the complaint.

9. Termination.

At its sole discretion, Augustus Media may modify or discontinue the Services, or may modify, suspend or terminate your access to the Services, for any reason, with or without notice to you and without liability to you or any third party. In addition to suspending or terminating your access to the Services, Augustus Media reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal or injunctive redress. Even after your right to use the Services is terminated, this Agreement will remain enforceable against you and unpaid amounts you owe to Augustus Media for Services purchased will remain due.

You agree that Augustus Media shall not be liable to you or any third-party for removing your user submissions or suspending or terminating your access to the services (or any portion thereof). 

Upon termination, we have no obligation to retain, store, or provide you with any data, information or other content that you uploaded, stored, or transferred on or through the Services. You may discontinue your participation in and access to the Services at any time.

10. Modifications to the Services.

We reserve the right to modify or discontinue all or any aspect of the Services with or without notice to you. You agree that we shall not be liable to you or any third party should Augustus Media exercise its right to modify or discontinue the services.

11. Subscription Fees.

We reserve the right at any time to charge fees for access to the Services or to any specific new feature or content that we may introduce from time to time. In no event will you be charged for access to any Services unless we obtain your prior agreement to pay such fees. If you do not consent to the payment of such fees, however, you may not have access to paid content or services. Details regarding the content or services you will receive in exchange for fees, as well as the payment terms and conditions that apply, will be disclosed to you prior to your agreement to pay such fees. You agree to pay such fees if you sign up for any fee-based service. Any such terms and conditions shall be deemed to be a part of (and are hereby incorporated by reference into) this Agreement.

Augustus Media Subscription Fees:, You will be responsible for payment of the applicable fees for your specific Subscription to the Augustus Media brand services, Lovin Extra or Smashi  (“Subscription Fee”) at the time you create your Account and select the type of Subscription. No contract will exist between you and Augustus Media for the Augustus Media Service until Augustus Media accepts your order by a confirmatory e-mail, SMS/MMS message, or other appropriate means of communication. Augustus Media reserves the right at any time to change its Subscription Fee and billing methods, either immediately upon posting on Augustus Media’s Site or notice by e-mail delivery to you.

You are responsible for obtaining Internet access and a compatible, Internet-connected device to stream and/or download Augustus Media Content. The quality of your viewing experience depends on a number of factors, including your viewing device and the quality of your internet connection.

12. Subscription Auto-renewals: Lovin Extra

Your subscription will automatically renew at the end of each period depending on the package purchased.

Monthly: AED18 + applicable fees (if any) will be automatically charged 1 month after your first Subscription and again every month thereafter.

Annual: AED180 + applicable fees (if any) will be automatically charged 1 year after your first subscription and again every year thereafter.

You may choose to upgrade your plan from Monthly to Annual where your auto-renewal charges for the latter will apply as per the “Annual” terms.

You may choose to cancel your auto-renewal by cancelling your subscription which would end at the next billing cycle.

Active subscriptions can be cancelled at any time and the cancellation will come in effect on the day the current term expires and there will be no refund.

13. Payments

To make a purchase, you must provide a valid payment method. You must provide Augustus Media with a valid credit card (Visa, MasterCard, or any other issuer accepted by us) account (“Payment Provider”) as a condition to signing up for the Augustus Media Services. Your Payment Provider agreement governs your use of the designated credit card account, and you must refer to that agreement and not this Agreement to determine your rights and liabilities. By providing Augustus Media with your credit card number account and associated payment information, you agree that Augustus Media is authorized to immediately invoice your Account for all fees and charges due and payable to Augustus Media hereunder and that no additional notice or consent is required. You agree to immediately notify Augustus Media of any change in your billing address or the credit card account used for payment hereunder. Augustus Media reserves the right at any time to change its prices and billing methods, either immediately upon posting on the Site or by e-mail delivery to you.

Augustus Media uses Payfort as its third-party service provider for payment services (e.g. card acceptance, and related services) (“Third-Party Payment Processor”) for payment of the Subscription. By making or accepting any payments on the Augustus Media website, you agree to be bound by Payfort’s Privacy Policy at:  https://www.payfort.com/uw/rak/index.html and hereby consent and authorize Augustus Media and Payfort to share any information and payment instructions you provide to the minimum extent required to complete your transactions. By making or receiving payments on the Augustus Media website, you also agree to be bound by Payfort’s services agreement at: https://www.payfort.com/uw/rak/index.html

We may apply taxes, including VAT (value-added tax), to any charges. Prices and other terms of purchase are subject to change. For mobile payments of your Subscription, we use the payment services of T-Pay, Inc. (https://tpay.com/en). We do not process, record or maintain your mobile provider account information. For more information on how mobile payments are handled, or to understand the data security and privacy afforded such information, please refer to https://tpay.com/en/terms-of-use .

All purchases, including recurring charges, are final and non-refundable.

Automatic Renewal: Your Subscription will continue indefinitely until terminated in accordance with this Agreement. 

14. Password and Security.

You are responsible for maintaining the confidentiality of your password to access the Services, and you are solely responsible for all activities that occur under your password. You agree to immediately notify us of any unauthorized use of your password or any other breach of security related to the Services. We reserve the right to require you to alter your password if we believe that your password is no longer secure. You agree that we will not be liable for any loss or damage arising from your failure to adequately safeguard your password.

15. Third-Party Links and Affiliate Links.

The Services may contain links to third-party services such as third-party websites, applications, or ads (“Third-Party Links”). When you click on such a link, we will not warn you that you have left the Services. Augustus Media does not control and is not responsible for Third-Party Links and the contents of Third-Party Links. Augustus Media provides these Third-Party Links only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to them, or any content, products or services accessible through such links. Your use of all Third-Party Links is at your own risk.

The Services may also contain links to third-party products or services that are monetized using Amazon Affiliates (AAP) or other such affiliate marketing partner or program (“Affiliate Links”). If you purchase a product or service through an Affiliate Link, we may receive revenue from that purchase.

16. Applications.

We may offer software applications to help you gain access to our Services. In such circumstances, we grant you a personal, non-exclusive, non-transferable, limited license to install such software applications solely on the devices you will use to access the Services. You agree that we may provide you from time to time with automatic upgrades of these applications, which you will accept for installation.

You agree to indemnify and hold Augustus Media, its corporate parents, subsidiaries, and affiliates, and the officers, directors, employees, agents, representatives, partners and licensors of each (collectively, the “Augustus Media Parties”) harmless from any damages, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of any claims concerning: (a) User Submissions; (b) your misuse of the Services; (c) your violation of this Agreement; (d) your violation of any rights of another party, including any users; or (e) your violation of any applicable laws, rules or regulations. Augustus Media reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Augustus Media in asserting any available defenses. This provision does not require you to indemnify any of the Augustus Media Parties for any unconscionable commercial practice by such party or for such party’s negligence, fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact. You agree that the provisions in this section will survive any termination of this Agreement or your access to the Services.

App Stores: You acknowledge and agree that the availability of the Augustus Media Apps and the Services is dependent on the third party from whom you received the Augustus Media Apps license, e.g., the Apple App Store or Google Play (“App Store”). You acknowledge that the Agreement is between you and Augustus Media and not with the App Store. Augustus Media, not the App Store, is solely responsible for the Augustus Media website and Augustus Media Services, including the Augustus Media Apps, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the Augustus Media Apps, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with Augustus Media website and Augustus Media Services, including the Augustus Media Apps. You agree to comply with, and your license to use the Augustus Media Apps is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the App Store’s terms and policies) when using Augustus Media website and Augustus Media Services, including the Augustus Media Apps. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of the Agreement and will have the right to enforce them.

17. Disclaimer of Warranties.

You expressly agree that use of the services is at your sole risk. We provide the services on an “As is” and “As available” basis. We expressly disclaim all warranties of any kind, whether express or implied, with respect to Augustus media’s services (including, but not limited to, the implied warranties of merchantability, fitness for a particular use or purpose, and non-infringement). 

Augustus Media makes no warranty that Augustus media’s services will meet your requirements, or that the services will be uninterrupted, timely, secure, or error-free. You acknowledge that access to data (including, but not limited to, documents, photographs, and software files) stored by you or others on the services is not guaranteed and that we shall not be responsible to you for any loss of data caused by the services or their unavailability. 

We make no warranty as to the results that may be obtained from the use of the services, or as to the accuracy or reliability of any information obtained through the services, or that defects in the services will be corrected. You understand and agree that any material and/or information downloaded or otherwise obtained through the use of the services is done at your own discretion and risk and that you will be solely responsible for any damage arising therefrom. No advice or information, whether oral or written, obtained by you or through the services shall create any warranty not expressly made herein.

Certain state laws do not allow limitations on implied warranties. If these laws apply to you, some or all of the foregoing disclaimers, exclusions and limitations may not apply to you, and you might have additional rights.

18. Limitation of Liability.

To the fullest extent permitted by applicable law, the Augustus media parties shall not be liable for any loss of profits or revenue or for indirect, incidental, punitive, exemplary, special or consequential damages, or damages or costs due to loss of data, production, or use, business interruption or procurement of substitute goods or services, whether or not Augustus media has been advised of the possibility of such damages.

Under no circumstances will the total aggregate amount that the Augustus media parties are liable to you exceed the greater of (a) the total amount actually paid to Augustus media by you during the three-month period prior to the act, omission or occurrence giving rise to such liability, (b) the remedy or penalty imposed by the statute or regulation under which such claim arises, or (c) one hundred dollars ($100). The foregoing cap on liability shall not apply to liability of a Augustus media party for (x) death, tangible property damage, or personal injury caused by a augustus media party’s gross negligence or for (y) any injury caused by a Augustus Media party’s fraud or fraudulent misrepresentation.

The Augustus Media parties assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any content, user communications or personalization settings.

The limitations of damages set forth above are fundamental elements of the basis of the bargain between Augustus media and you.

19. Indemnification

You shall indemnify, defend, and hold harmless Augustus Media and its parent, directors, officers, employees, representatives, consultants, agents, suppliers, and partners from any liability, claim, demand, damages, losses, and costs (including attorneys’ fees) arising from: (i) your unauthorized use of any Augustus Media Content; (ii) your use of, or inability to use, Augustus Media Service, Augustus Media Apps, or Augustus Media website; (iii) your breach of this Agreement or violation of any law or third party right; or (iv) any content that you upload or submit to us.

20. International Users.

Augustus Media Holdings Ltd operates ‘Smashi’ media brand Internationality and the ‘Lovin’ media brand in the following countries: Augustus Media are the sole License IP rights holders for the ‘Lovin’ media brand in the following territories UAE, Bahrain, Qatar, Kuwait, Oman, Saudi Arabia, Yemen, Jordan, Lebanon, Syria, Palestine, Sudan, Egypt, Pakistan, Iran and Iraq. 

The Subscription Services are based in the Middle East countries as updated on the Smashi website sign up page and FAQ document. Augustus Media makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other countries do so at their own volition and are responsible for compliance with local law.

21. Binding Arbitration and Governing Law

Binding Arbitration with Augustus Media: You and Augustus Media agree that any dispute between you and Augustus Media arising out of or relating to this Agreement or your use of the Augustus Media Service shall be resolved by BINDING ARBITRATION administered by ADGM.

If you agree to arbitration with the company, you are agreeing in advance that you will not participate in or seek to recover monetary or other relief in any lawsuit filed against the company alleging class, collective, and/or representative claims on your behalf. Instead, by agreeing to arbitration, you may bring your claims against the company in an individual arbitration proceeding. If successful on such claims, you could be awarded money or other relief by an arbitrator. You acknowledge that you have been advised that you may consult with an attorney in deciding whether to accept this agreement, including this arbitration agreement.

Waiver of class action claims: by agreeing to arbitrate your claims against Augustus Media, (I) you give up your right to go to court and have your claims tried by a judge or jury (except for matters that may be taken to small-claims court); and (ii) you give up your right to participate in a class action or other class proceeding.

Right to Bring Small Claims Actions: The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain any class action, class arbitration, or other representative action or proceeding.

Arbitration Rules: The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement. The arbitration proceeding shall be governed by the then-effective ADGM’ Comprehensive Arbitration Rules or Streamlined Arbitration Rules, depending on the amount in dispute, and ADGM’ Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses. You have the right to a fair hearing before a neutral arbitrator and the opportunity to participate in the process of choosing the arbitrator. The arbitrator shall have the right to award all remedies that the court may award.

Court Proceedings: Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation (except for small-claims court actions) shall be commenced only in the federal or state courts located in Abu Dhabi Global Market (ADGM) or the jurisdiction of which the company subsidiary operates. You hereby irrevocably consent to the jurisdiction of those courts for such purposes an action and, to the extent permitted by law, both Augustus Media and you WAIVE ANY RIGHT TO A TRIAL BY JURY in such an action.

30-Day Right to Opt Out: You have the right to opt out of the provisions of this arbitration agreement by sending written notice of your decision to opt out to the following address: hello@weareaugustus.com, within 30 days after first becoming subject to this arbitration agreement. Your notice must include your name and address, your Augustus Media username (if any), the email address you used to set up your Augustus Media Account (if you have one), and an unequivocal statement that you want to opt out of this arbitration agreement. If you opt out of this arbitration agreement, all other parts of this Agreement will continue to apply to you. Opting out of this arbitration agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.

Governing Law: You may use the Service solely in accordance with the terms and conditions of this Agreement and all applicable laws, rules, and regulations, including without limitation the laws of the Service Location from which you access the Service. 

22. SMS / Whatsapp / Email Terms and Conditions.

We, along with our service providers, may use an automatic telephone dialing system (“autodialer”), EDM broadcast software of Whatsapp business to deliver messages / newsletters to you. Our text messages are intended to provide you with information about our Services, including upcoming events, promotions, or information. 

To opt-in to receive text messages / newsletters from any of our text messaging / newsletter program(s), please follow the instructions provided by the specific brand from which you wish to receive messages. 

To receive our text messages / whatsapps / newsletters, you must be a resident within the Middle East and 18 years of age or older. We reserve the right to require you to prove that you are at least 18 years of age. 

For SMS, message and data rates may apply to each message sent or received in connection with these text messages, as provided in your mobile telephone service rate plan (please contact your mobile telephone carrier for pricing plans), in addition to any applicable roaming charges. We do not impose a separate fee for sending our text messages. To get help, reply “HELP” to any message you receive. To stop receiving text messages, Whatsapp or SMS from a specific Augustus Media entity text messaging program, text STOP or UNSUBSCRIBE to the number of the entity. You will then receive confirmation of your opt-out of that text-messaging program.

23. General Provisions.

(a) Electronic Communications. The communications between you and Augustus Media use electronic means, whether you visit the Services or send Augustus Media e-mails, or whether Augustus Media posts notices on the Services or communicates with you via e-mail. For contractual purposes, you (a) consent to receive communications from Augustus Media in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications and documents that Augustus Media provides to you electronically will have the same legal effect that such communications or documents would have if they were set forth in “writing.” The foregoing sentence does not affect your statutory rights.

(b) Assignment. This Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Augustus Media’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.

(c) Force Majeure. Augustus Media shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

(d) Questions, Complaints, Claims. If you have any questions, complaints or claims with respect to the Services, please contact us at the following address:

 

Augustus Media Holdings LTD

ATTN: Legal and Business Affairs, 2406 ResCo-work 02, 24thFloor, Al Sila Tower, Abudhabi Global Market Square, Al Maryah Island, Abu Dhabi, United Arab Emirates 

Tel: 971 4 431 7835

compliance@weareaugustus.com

(g) Notice. Where Augustus Media requires that you provide an e-mail address, you are responsible for providing Augustus Media with your most current e-mail address. In the event that the last e-mail address you provided to Augustus Media is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by this Agreement, Augustus Media’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Augustus Media at the following address:

 

Augustus Media Holdings LTD

ATTN: Legal and Business Affairs, 2406 ResCo-work 02, 24thFloor, Al Sila Tower, Abudhabi Global Market Square, Al Maryah Island, Abu Dhabi, United Arab Emirates 

Tel: 971 4 431 7835

compliance@weareaugustus.com

Entire Agreement. This Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.

https://lovin.co/ will NOT deal or provide any services or products to any of OFAC (Office of Foreign Assets Control) sanctions countries in accordance with the law of UAE.