GENERAL CONDITIONS OF USE FOR THE "Radio AIR" SERVICE
The object of the present general conditions of use (hereafter the "GCU") is to define the terms and conditions in which Maisonneuve autoentreprise (hereafter "Radio AIR"), having its head office at 36, avenue des pélicans 44500 La Baule, makes available to users certain features of the "Radio AIR" online service (hereafter the "Service").
The Service is accessible via the Portal (or the mobile application) which provides direct, ondemand access to different radio stations and allows Users to listen to the programmes broadcast by the radio stations listed on the Portal free of charge. Some functions of the Service are available without subscribing, but to make full use of the Service, including the advanced functionalities, the User must subscribe and become a Member.
The Service is open to all adults or minors authorised by a parent who wish to use the Service for their own purposes on a strictly personal and non-commercial basis.
Access to and use of the Service are subject to these General Terms and Conditions, which the User expressly accepts when subscribing to the Service.
ARTICLE 1 - DEFINITIONS
In the present GCU, unless otherwise specified, the following terms have the meaning given to them in this article:
Account: means the space created by the User in order to become a Member and use all the functionalities of the Service, and in which the Member saves his personal information, links to the Streams he has selected and the references for musical titles.
Flow: means the radio and podcast services listed in the Service for which Radio AIR has digital user rights.
Member: means any individual who has registered for the Service for his own needs within the framework of strictly personal, non-commercial use.
The Member accesses his Account by entering his User ID.
User ID: means the ID and password chosen by the User when creating his Account. The User ID is strictly personal and confidential.
My Lists: means lists of selected Flows organised by the Member.
Podcast: means thematic programmes predefined by the radio services and composed of recordings of shows that have already been broadcast linearly.
Portal: means the www.radioair.info Internet sites from which the User and/or the Members may access the Service.
Service: means a public communication service called "Radio AIR" that uses electronic means and is accessible from the Portal.
User: means any individual, whether or not he is a Member of the Service.
ARTICLE 2 - OBJECT
The object of the present GCU is to define the terms and conditions in which the Service is made available to the Members by Radio AIR.
ARTICLE 3 - ACCESS TO THE SERVICE
3.1 Technical prerequisites
Use of the Service requires the User to have a compatible terminal, access to the internet and may also require occasional upgrades. Consequently, the User's access to the Service may be affected by the performance of any one of these elements.
The User recognises and accepts that it is his responsibility to procure all the equipment described above. The User also recognises and accepts that simply owning the necessary equipment does not guarantee access to the Service.
In order to benefit from the Service, the User must have access to the internet on his terminal and it is his responsibility to ensure that he has subscribed to an offer which provides such access and, if necessary, to check the billing procedures for use of the Service. Radio AIR declines all responsibility for the costs billed by the User's mobile telephone operator for use of the Service.
ARTICLE 4 - DESCRIPTION OF THE SERVICE FEATURES
4.1 Functionalities on offer to Users
The Service allows Users to listen to the Streams free of charge and whenever they wish; this is not conditional on any purchase or download.
ARTICLE 5 - SERVICE FEE
The Service is made available to the User at no cost (excluding connection and Internet access costs).
In case of modifications to the rates for access to the Service or to the functionalities, the User is informed as stipulated under the terms of article 7.
ARTICLE 8 - SERVICE MODIFICATIONS
Radio AIR reserves the right to change and/or adapt and/or correct the Service characteristics and features.
In case of major modifications to the Service Radio AIR informs the User by publishing the information on the site www.radioair.info
The User chooses between ceasing to use the Service or continuing to use the Service in accordance with the new General Terms and Conditions.
ARTICLE 9 - USERS' RESPONSIBILITY AND GUARANTEES
The User undertakes to use the Service in accordance with the use for which it is intended and is asked to demonstrate good judgement and prudence regarding the information he accesses using the Service. The User is informed that he uses the Service entirely under his own responsibility and that any abuse of the Service is forbidden, particularly its use for commercial purposes.
The alias selected must not (a) breach a copyright, trademark or any other third party property right, (b) breach privacy or other personal rights, (c) personate another individual or User, (d) prejudice public order, good morals or breach any other legal term or condition.
The Member undertakes to ensure that the information provided at the time of registration is reliable, true and constantly updated. If the Member provides false, inaccurate or incomplete information, Radio AIR may immediately terminate the Account as soon as it becomes aware of the situation.
The User has sole responsibility for the User ID which provides access to the Service and for keeping it confidential. Radio AIR accepts no responsibility whatsoever for the consequences that may result from any disclosure, even accidental, of the ID to third parties.
The Member will also refrain from attempting to mislead third parties by usurping the name or business name of other people or entities and, in particular, from pretending to be an Radio AIR employee.
The Member undertakes to advise Radio AIR of any unauthorised use of his Account or any other breach of the security of his Account.
In case of the non-respect of the rules described above and, in general, the entirety of the General Terms and Conditions, Radio AIR reserves the right to unilaterally delete the Member's Account with no further justification and to block the Member's access to the Service. The User will be informed of any termination at the initiative of Radio AIR by electronic mail sent to his e-mail address.
The User has sole responsibility for any damage caused by him or by one of his agents to the Company or to third parties due to his use of the Service.
The User may not distribute any virus or computer file or other malicious data or programmes that may contain viruses, Trojan Horses or Worms intended to damage or interfere with the proper running of the Service. The User may not transmit items or data of any nature whatsoever that may breach prevailing laws and regulations, or that are of a threatening, shocking or defamatory nature or that may harm the reputation of individuals or the integrity of goods. The User may not use the Service to transmit any unsolicited or unauthorised advertising, including spam and junk mail, as may not commit any act the consequences of which would harm third parties.
The User also acknowledges that he has been informed of the characteristics and the limits of the internet and acknowledges that he is fully aware of the nature of the internet, particularly its technical limits and the response times for viewing, consulting or transmitting information and that Radio AIR may not be held responsible in this respect.
ARTICLE 10 - Radio AIR'S RESPONSIBILITY
Radio AIR provides Users with various functions related to independent radio stations. Under no circumstances may Radio AIR be held responsible for malfunctions of the said radio station or for problems due to malfunctions of the internet.
Radio AIR is responsible for implementation of the resources necessary for the smooth operation of the Service and will take the necessary measures to maintain the continuity and high quality of this Service. However, the Service may become unavailable or be interrupted, in particular when maintenance or update operations are required.
Radio AIR may not be held responsible should the User not use the Service in accordance with these General Terms and Conditions or French regulations and particularly in cases of fraudulent usage, identity theft, harassment, abuse or any attacks whatsoever on people or their rights.
Radio AIR may not be held responsible for any damages occurring as a result of force majeure or the actions of a third party.
Radio AIR may under no circumstances be required to make good any indirect damage suffered by a User when using the Service. Indirect damage is damage that does not directly and exclusively result from shortcomings in the services provided by Radio AIR.
ARTICLE 11 - SUSPENSION - TERMINATION
Cases for suspension or termination by Radio AIR :
Radio AIR reserves the right to suspend or stop the Service at any time and for any reason whatsoever. Should the Service be suspended or stopped the User will be informed by an information screen when logging onto the Service.
ARTICLE 12 - USER DATA
What information does the Application obtain and how is it used?
Automatically Collected Information
In addition, the Application may collect certain information automatically, including, but not limited to, the type of mobile device you use, your mobile devices unique device ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browsers you use, and information about the way you use the Application.
Does the Application collect precise real time location information of the device?
If you allow it this Application will collect precise information about the location of your mobile device.
Do third parties see and/or have access to information obtained by the Application?
Yes. We will share your information with third parties only in the ways that are described in this privacy statement.
We may disclose User Provided and Automatically Collected Information:
as required by law, such as to comply with a subpoena, or similar legal process;
when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request;
with our trusted services providers who work on our behalf, do not have an independent use of the information we disclose to them, and have agreed to adhere to the rules set forth in this privacy statement.
if Maxime Maisonneuve is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on our Web site of any change in ownership or uses of this information, as well as any choices you may have regarding this information.
to advertisers and third party advertising networks and analytics companies as described in the section below
Automatic Data Collection and Advertising
We may work with analytics companies to help us understand how the Application is being used, such as the frequency and duration of usage. We work with advertisers and third party advertising networks, who need to know how you interact with advertising provided in the Application which helps us keep the cost of the Application low. Advertisers and advertising networks use some of the information collected by the Application, including, but not limited to, the unique identification ID of your mobile device and your mobile telephone number. To protect the anonymity of this information, we use an encryption technology to help ensure that these third parties can’t identify you personally. These third parties may also obtain anonymous information about other applications you’ve downloaded to your mobile device, the mobile websites you visit, your non-precise location information (e.g., your zip code), and other non- precise location information in order to help analyze and serve anonymous targeted advertising on the Application and elsewhere. We may also share encrypted versions of information you have provided in order to enable our partners to append other available information about you for analysis or advertising related use.
If you’d like to opt-out from third party use of this type of information to help serve targeted advertising, please visit the section entitled “Opt-out” below.
What are my opt-out rights?
There are multiple opt-out options for users of this Application:
Opt-out of all information collection by uninstalling the Application: You can stop all collection of information by the Application easily by uninstalling the Application. You may use the standard uninstall processes as may be available as part of your mobile device or via the mobile application marketplace or network. You can also request to opt-out via email, at email@example.com.
Opt-out from the use of information to serve targeted advertising by advertisers and/or third party network advertisers: you may at any time opt-out from further allowing us to have access to your location data in your mobile device parameters.
Data Retention Policy, Managing Your Information
We will retain User Provided data for as long as you use the Application and for a reasonable time thereafter. We will retain Automatically Collected information for up to 24 months and thereafter may store it in aggregate. If you’d like us to delete User Provided Data that you have provided via the Application, please contact us at firstname.lastname@example.org and we will respond in a reasonable time. Please note that some or all of the User Provided Data may be required in order for the Application to function properly.
We do not use the Application to knowingly solicit data from or market to children under the age of 13. If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact us at email@example.com. We will delete such information from our files within a reasonable time.
We are concerned about safeguarding the confidentiality of your information. We provide physical, electronic, and procedural safeguards to protect information we process and maintain. For example, we limit access to this information to authorized employees and contractors who need to know that information in order to operate, develop or improve our Application. Please be aware that, although we endeavor provide reasonable security for information we process and maintain, no security system can prevent all potential security breaches.
If you have any questions regarding privacy while using the Application, or have questions about our practices, please contact us via email at firstname.lastname@example.org.
Article 13 - OWNERSHIP
14.1 User rights
Under these General Terms and Conditions and for the duration of the Account, Radio AIR grants the User the non-exclusive, non-transferable, revocable right to use the Service anywhere in the world, expressly excluding for the purposes of a sub-licence or use of the interface and the software applications of the Service.
This right is contingent upon the respect of these General Terms and Conditions.
The User may not:
a. use, copy, modify or distribute the interface and the software applications of the Service,
save as expressly authorised by these General Terms and Conditions,
b. disassemble, decompile or translate the interface and the software applications of the
Service, save as expressly authorised by the applicable laws or regulations,
c. sub-licence or cede the interface and the software applications made available in the
context of the Service.
14.2. Rights and ownerships of the Company
Radio AIR is and remains the owner of its Service, Portal, software applications (in particular,
the reader proposed on the Portal), graphics charter, trademarks, logos, designs, technology,
software, databases and content made available to the public.
The User recognises that he acquires no intellectual property right to the elements belonging
to Radio AIR or any of the radio stations in streaming mode. Furthermore, he will refrain from
using them for a purpose other than that which is exclusively provided herein.
All improvements, updates, by-products, upgrades, whether carried out, created or developed
by Radio AIR concerning the Service are and shall remain the property of Radio AIR and the
User expressly acknowledges and accepts that any contributions in the form of services,
suggestions, ideas, reports, identification of faults, expenses, or any other contributions made
by the User do not give rise to any right, title or interest in any part or component of the
The Parties will defend their rights at their exclusive risk and costs. However, both Parties
undertake to assist each other as necessary or useful in the defence of their rights.
ARTICLE 14 - MISCELLANEOUS CONDITIONS
If one or several stipulations of these General Conditions of Use are null or void or declared
as such by the application of a law or regulation or subsequent to a final ruling by a court with
competent jurisdiction, the other stipulations will continue to apply in full.
The stipulations declared null and void will then be replaced with stipulations as close as
possible to the content of the stipulations initially made.
The Parties will not be held liable or considered to have failed to comply with these GCU for
any delay or non-execution when the cause of the delay or non-execution is linked to a case
of force majeure as defined by French jurisprudence.
Any claim or dispute related to the Service must be sent by email in the "Contact" section of
the Site (www.radioair.info).
ARTICLE 15 - APPLICABLE LAW
The present General Conditions of Use are governed by French law.
© Radio AIR. All rights reserved