END USER LICENSE AGREEMENT AND TERMS OF SERVICE
This End User License Agreement and Terms of Service (this “EULA”) is a binding contract between you, an individual user (“you” or “your”) and Maxime Maisonneuve company. (“Radioair,” “we,” “us” or “our”) governing your use of the software applications that Radioair makes available for download to mobile phones, tablets, set-top boxes and other consumer electronic or computer devices, whether directly, through third parties or on a pre-installed basis (individually and collectively, the “App”), the website located at https://www.radioair.info/ and any other online properties owned or controlled by or on behalf of Radioair (each a “Website” and, collectively, the “Websites”) (the App and any Websites are the “Service”).
BY INSTALLING OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, THEN YOU MAY NOT USE THE SERVICE. TO HAVE A COPY OF THIS EULA SENT TO YOU, CONTACT Radioair AT email@example.com. THIS PREAMBLE IS INCORPORATED BY REFERENCE INTO THE EULA.
Material Terms: As provided in greater detail in this EULA (and without limiting the express language of this EULA), you acknowledge the following:
the Service is licensed, not sold to you, and you may use the Service only as set forth in this EULA;
the use of the Service may be subject to separate third party terms of service and fees, including, without limitation, your mobile network operator’s (the “Carrier”) terms of service and fees, including fees charged for data usage and overage, which are your sole responsibility;
we provide the Service to you on an “as is” basis without warranties of any kind and Radioair’s liability to you is limited;
disputes arising between you and Radioair will be resolved by France laws.
if you are using the App on an iOS-based device, then you agree to and acknowledge the “Notice Regarding Apple,” below.
1. General Terms and Conditions.
a. Changes to this EULA. You understand and agree that we may change this EULA at any time without prior notice. We will try to provide you with prior notice of any material changes that may apply to you, including through the posting of a revised EULA that you may be required to accept in order to continue using the Service. You may read a current, effective copy of this EULA at any time by selecting the appropriate link on the Service. The revised EULA will become effective at the time of posting unless specified otherwise. Any use of the Service after the effective date will constitute your acceptance of such revised EULA. If you find any change to this EULA or the Service unacceptable, then your sole remedy is to stop accessing, browsing and otherwise using the Service. The terms of this EULA will govern any updates Radioair provides to you that replace and/or supplement any portion of the Service, unless the upgrade is accompanied by a separate license or revised EULA, in which case the terms of that license or revised EULA will govern. Notwithstanding the preceding sentences of this Section 1.a, no revisions to this EULA will apply to any dispute between you and Radioair that arose prior to the effective date of such revision.
c. Jurisdictional Issues. The Service is controlled and operated by Radioair from its offices in France. Radioair makes no representation that materials on the Service are appropriate, lawful or available for use in any locations other than France. Those who choose to access or use the Service from locations outside France do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Access to the Service from jurisdictions where the contents or practices of the Service are illegal, unauthorized or penalized is strictly prohibited.
d. Eligibility. THE SERVICE IS NOT FOR PERSONS UNDER THE AGE OF 16 OR FOR ANY USERS PREVIOUSLY SUSPENDED OR REMOVED FROM THE SERVICE BY Radioair. IF YOU ARE UNDER 16 YEARS OF AGE, THEN YOU MUST NOT USE OR ACCESS THE SERVICE AT ANY TIME OR IN ANY MANNER. Furthermore, by accessing or using the Service, you affirm that either you are at least the age of majority in your jurisdiction or you have been authorized to use the Service by your parent or legal guardian who is at least the age of majority in your jurisdiction.
e. Additional Terms. We also may require you to agree to additional terms and/or policies beyond those mentioned in Section 1.b that we make available to you from time-to-time in connection with your use of the Service, including, without limitation, any such terms that apply to contests that we run on the Service (“Additional Terms”). Any such Additional Terms are hereby incorporated into and subject to this EULA, and this EULA will control in the event of any conflict or inconsistency with the Additional Terms to the extent of the conflict or inconsistency.
2. The Service.
a. Description. Radioair provides an information location tool and audio guide service offering access to a selection of indexed radio stations, podcasts, and other content, including radio stations, podcasts and other content created by or on behalf of Radioair. Certain features of the Service are available to you free of charge (the “Free Service”). Other aspects of the service, currently referred to as “Radioair Premium,” are only available to paying subscribers (the “Subscriptions”). Any end user who access and uses the Free Service is a “Visitor,” and any end user who pays for a subscription is a “Subscriber.” The term “Users” refers to Visitors and Subscribers, collectively.
i. Service. You acknowledge and agree that this EULA is entered into in consideration of your use of the Service pursuant to this EULA and for other good and valuable consideration, the receipt and sufficiency of which you acknowledge.
ii. Subscriptions. If you are a Subscriber, then you acknowledge and agree that the additional terms in Section 4 below apply to your Subscriptions, and that Radioair provides access to Subscriptions in consideration of your payment of the amounts described in that Section.
iii. No Rights to Compensation. In return for enjoying the Free Service or Subscriptions, you further acknowledge and agree that Radioair may generate revenues (including from advertising and sponsorships), increase goodwill or otherwise increase the value of Radioair from your use of the Service, and you will have no right to share in any such revenue, goodwill or value whatsoever.
c. Changes to the Service. Radioair may at its sole discretion and from time to time change, add or remove features, functionality and content of or available through the Service without any notice to you. Radioair may also terminate or discontinue support for any versions of the App, whether it was offered for free or for a fee. Radioair also reserves the right to discontinue some or all of the features of the Service at any time at its sole discretion (including the provision of software updates and support for different devices or platforms). You acknowledge and agree that Radioair will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service, any App, or any specific functionality of the Service or the removal of any features, functionality or content. If you are dissatisfied with any changes to the Service, then your sole option is to discontinue or terminate your use of the Service as described herein. Notwithstanding anything in this EULA to the contrary, if you have signed up for a Subscription and Radioair cancels your Subscription without cause, then Radioair will refund to you the pro-rated (by month), unearned portion of any amounts that you have prepaid to Radioair for such Subscription. No refunds will be provided for the termination or discontinuance of support for any paid App.
d. Mobile Services. The Service is currently accessible via computer or on a mobile phone, tablet or other connected device (collectively, “Mobile Services”). Your mobile carrier’s or ISPs normal messaging, data and other rates and fees will apply to your use of the Mobile Services. In addition, downloading, installing or using certain Mobile Services may be prohibited or restricted by your mobile carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you are solely responsible for checking with your mobile carrier to determine if the Mobile Services are available for your mobile device(s), what restrictions, if any, may be applicable to your use of the Mobile Services, and how much they will cost you. Nevertheless, all use of the App and the related Mobile Services must be in accordance with this EULA.
e. Service Security. You may not violate, or attempt to violate, the security of the Service. Any such violations may result in criminal and/or civil penalties against you, as well as the termination of your privilege to use the Service. Radioair reserves the right to investigate any alleged or suspected violations and, if a criminal violation is suspected, to refer such suspected violation to the appropriate law enforcement agencies and cooperate fully with such investigations. This cooperation may include the disclosure of all or your activities on or related to the Service. You agree to promptly notify Radioair if you learn or reasonably suspect that any security breach related to the Service has occurred.
a. Log-In Credentials. While you may access the Free Service and browse the public-facing portions of the Service without registering with us, in order to access Subscriptions and enjoy the full functionality and benefits of the Service you must register an account with us (an “Account”).
b. Account Security. You are responsible for the security of your Account, and are fully responsible for all activities that occur through the use of your Account credentials. You agree to notify Radioair immediately at firstname.lastname@example.org if you suspect or know of any unauthorized use of your Account credentials or any other breach of security with respect to your Account. Radioair will not be liable for any loss or damage arising from unauthorized use of your Account credentials prior to you notifying Radioair of such unauthorized use or loss of your Account credentials.
c. Accuracy of Information. When creating an Account, you will provide true, accurate, current and complete information as Radioair requests. You will update the information about yourself promptly, and as necessary, to keep it current and accurate. We reserve the right to disallow, cancel, remove or reassign certain usernames and permalinks in appropriate circumstances, as determined by us in our sole discretion, and may, with or without prior notice, suspend or terminate your Account if activities occur on your Account which, in our sole discretion, would or might constitute a violation of this EULA, cause damage to or impair the Service, infringe or violate any third party rights, damage or bring into disrepute the reputation of Radioair, or violate any applicable laws or regulations. If messages sent to the e-mail address you provide are returned as undeliverable, then Radioair may terminate your Account immediately without notice to you and without any liability to you or any third party.
4. Additional Terms for Subscription.
a. Subscription Process. You may purchase a Subscription through the Website, through our App, or through such other channels as Radioair may make available from time-to-time in its sole discretion. Where you purchase a Subscription through the Website or another channel controlled by Radioair, your payments are processed by our third party payment processors. Where you purchase a Subscription through our iOS or Android Apps or through a third party’s consumer electronic devices, your payments are processed by Apple or Google, or the manufacturer of the consumer electronic device (or any of their third party payment processors), as applicable. We accept various forms of payment, as specified during sign-up. We do not accept cash or checks.
b. Trials. From time to time, Radioair or others on our behalf may offer trials of Subscriptions for a specified period free-of-charge or at a reduced rate (“Trial”). The length of any Trial may vary. Trials are for new and certain former Subscribers only. Radioair reserves the right, at our discretion, to determine your eligibility for a Trial, and, subject to applicable laws, to withdraw or to modify a Trial at any time without prior notice and with no liability, to the greatest extent permitted under the law. We will require you to provide your payment details at the start of the Trial. The first day following the end of your Trial or, if you are not eligible for a Trial, then the day you purchase your Subscription, is the first day of your billing cycle (“Billing Date”). YOU will BE automatically charged for the applicable Subscription on the first day following the end of the Trial, on a recurring monthly or annual basis, unless you cancel the applicable Subscription before the end of the Trial.
c. Billing Authorization. BY PROVIDING YOUR PAYMENT METHOD AND OBTAINING A SUBSCRIPTION TO THE SERVICE, YOU AUTHORIZE Radioair, APPLE, OR GOOGLE (OR ANY OF THEIR SERVICE PROVIDERS), AS APPLICABLE, TO CHARGE TO YOUR DESIGNATED PAYMENT METHOD THE APPLICABLE MONTHLY OR ANNUALLY RECURRING SUBSCRIPTION FEES (“SUBSCRIPTION FEE”), AND ANY APPLICABLE SALES, TELECOMMUNICATION, EXCISE, VALUED-ADDED OR SIMILAR TAXES (“TAXES”). THE SUBSCRIPTION FEE IS EXCLUSIVE OF ANY SUCH TAXES. THE SUBSCRIPTION FEE IS PAYABLE IN THE CURRENCY SPECIFIED DURING SIGN-UP.
d. Subscription Fee Changes. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, WE RESERVE THE RIGHT TO CHANGE THE SUBSCRIPTION FEE AT ANY TIME IN OUR SOLE DISCRETION. IF WE CHANGE THE SUBSCRIPTION FEE, THEN WE WILL PROVIDE YOU NOTICE OF THE PROPOSED CHANGE AT LEAST 30 DAYS BEFORE THE CHANGE IS TO TAKE EFFECT. SUBSCRIPTION FEE CHANGES WILL TAKE EFFECT AT THE START OF THE NEXT RENEWAL OF YOUR SUBSCRIPTION FOLLOWING THE DATE OF THE PRICE CHANGE. YOU ACCEPT THE NEW PRICE BY CONTINUING TO USE THE SERVICE AFTER THE PRICE CHANGE TAKES EFFECT. IF YOU DO NOT ACCEPT THE PRICE CHANGE, THEN YOU MAY UNSUBSCRIBE FROM THE SERVICE PRIOR TO THE PRICE CHANGE GOING INTO EFFECT.
e. Automatic Renewal. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, BY PURCHASING A SUBSCRIPTION TO THE SERVICE, YOU AGREE THAT YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE END OF EACH SUBSCRIPTION TERM AT THE THEN-CURRENT SUBSCRIPTION FEE AND FOR THE SAME TERM AS THE IMMEDIATELY PRECEDING SUBSCRIPTION, UNLESS AND UNTIL YOU CANCEL YOUR SUBSCRIPTION.
f. Recurring Charges. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, UPON EXPIRATION OF YOUR SUBSCRIPTION, YOU WILL AUTOMATICALLY BE BILLED FOR THE SAME SUBSCRIPTION PLAN (OR THE MOST SIMILAR SUBSCRIPTION PLAN, IF YOUR PRIOR PLAN IS NO LONGER AVAILABLE) AT THE THEN-CURRENT SUBSCRIPTION FEE PLUS ANY TAXES. YOUR PAYMENT METHOD WILL BE CHARGED THE SUBSCRIPTION FEE FOR THE RENEWAL TERM OF YOUR SUBSCRIPTION ON YOUR BILLING DATE, BASED ON THE TYPE OF SUBSCRIPTION (E.G., ON A PARTICULAR DATE EACH MONTH FOR A MONTHLY SUBSCRIPTION). IF, HOWEVER, THE BILLING DATE OF YOUR SUBSCRIPTION IS ON THE 29TH, 30TH OR 31ST DAY OF A MONTH, AND YOUR BILLING DATE DOES NOT EXIST IN A PARTICULAR MONTH BECAUSE THERE ARE FEWER THAN THIRTY-ONE (31) DAYS IN THE MONTH PAYMENT IS DUE, THEN YOUR BILLING DATE FOR THAT PARTICULAR RENEWAL WILL BE ON THE LAST DAY OF THE MONTH IN WHICH YOUR BILLING DATE WOULD OTHERWISE BE.
g. Cancellation and Refunds. YOU MAY CANCEL YOUR SUBSCRIPTION TO THE SERVICE AT ANY TIME BY FOLLOWING THE PROCESS DESCRIBED HERE. IF YOU CANCEL YOUR SUBSCRIPTION, THEN YOU WILL HAVE ACCESS TO THE SUBSCRIPTION UNTIL THE DATE THAT WOULD HAVE BEEN YOUR NEXT BILLING DATE, AFTER WHICH YOU WILL BE DOWNGRADED TO THE FREE SERVICE. IF YOU SUBSCRIBED THROUGH YOUR IOS OR ANDROID DEVICE AND WANT TO OBTAIN A REFUND IN CONNECTION WITH YOUR SUBSCRIPTION, THEN YOU MUST CONTACT APPLE OR GOOGLE, AS APPLICABLE. IF YOU SUBSCRIBED THROUGH THE WEBSITE, THEN SUBJECT TO SECTION 4.h BELOW, WE WILL NOT REFUND ANY FEES PAID FOR YOUR CURRENT SUBSCRIPTION PERIOD.
h. Cooling-off Period. If you reside in the European Union (or any other jurisdiction that requires a cooling-off period following the purchase of a Subscription to the Service) and register for a Subscription, then you may cancel your Subscription for any reason or no reason and receive a full refund of your Subscription Fee within 14 days of your payment method being charged (“Cooling-off Period”) unless you have previously accessed your Subscription (i.e., you receive a transmission through the Service). If you have accessed the Service following the date of charge of your payment method pursuant to your Subscription at any time during the Cooling-off Period, however, then we will not refund any Subscription Fees already paid to us.
i. Failure to Pay. If you fail to pay the applicable Subscription Fee when due, then you will be downgraded to the Free Service. If you are downgraded, then Radioair may, but is not obligated to, maintain your Account and/or related content and information, in order to allow you to pay the past-due charges and restore your Subscription.
5. Intellectual Property Rights.
a. Service. Subject to your complete and ongoing compliance with this EULA, Radioair hereby grants you a revocable, non-exclusive, non-transferable, non-sublicensable, royalty-free and worldwide right and license to access and use the Service solely for your personal, non-commercial entertainment use as intended through the provided functionality of the Service and solely in strict compliance with the provisions of this EULA. You may not alter, modify, creative derivative works of, sell, license or in any way exploit any part of the Service except as expressly set forth in the preceding sentence.
b. Radioair Content. Except for User Content (defined below) and third party content owned or controlled by third party transmitting entities over whom Radioair does not exercise a right and ability to control and where such content is made available through the Service when Radioair is providing an information location tool, index or directory service (“Third Party Content”), the content that Radioair itself provides to Users on or through the Service, including without limitation, any radio programs, podcasts or other audio content, text, graphics, photos, software and interactive features, may be protected by copyright or other intellectual property rights and is owned by Radioair or its third party licensors (collectively, the “Radioair Content”). You may not reproduce, modify, distribute, display, publish, transmit, communicate to the public, make available, broadcast, create derivative works from, publicly perform (including on a through-to-the audience basis) and otherwise use and exploit (collectively, “Use”) any Radioair Content without Radioair’s prior authorization. You may not Use any User Content or Third Party Content without the prior authorization of the owners of such content, notwithstanding any functionalities of the Service. Radioair does not guarantee access to any particular User Content, Radioair Content, or Third Party Content. Radioair or its licensors, and the owners of User Content and Third Party Content, may change, delete, or prohibit access to Radioair Content, User Content or Third Party Content, as the case may be, or schedules of any of the foregoing, at any time with or without notice. You understand that by using the Service, you may encounter User Content, Third Party Content, and Radioair Content that you may find offensive or objectionable and that might constitute Objectionable Content as defined in our Acceptable Use Policy. Radioair is not the publisher of, nor responsible for, any Objectionable Content made available in User Content or Third Party Content, and to the fullest extent permitted by law, Radioair will have no liability to you with respect to Objectionable Content you access via the Service. User Content, Third Party Content, and Radioair Content may be transmitted with a variety of copy protection mechanisms. These copy protection mechanisms may be designed to protect the copyright interests of Radioair or its licensors or third party transmitting entities, as applicable. These copy protection mechanisms may limit or prevent the ability of the Service to play Radioair Content, User Content or Third Party Content. You agree that Radioair will have no liability to you or any third party with regard to your ability to access, listen to, or otherwise use, any Radioair Content, User Content or Third Party Content due to a copy protection mechanism. You may not remove or attempt to circumvent any copyright protection mechanisms in any Radioair Content, User Content or Third Party Content without express authorization of the owner of such content or their authorized agent, or as otherwise permitted by law, and any attempts to do so may subject you to liability.
c. Marks. Radioair trademarks, service marks and logos (the “Radioair Trademarks”) used and displayed on the Service are Radioair’s registered and unregistered trademarks or service marks. Other product and service names located on the Service may be trademarks or service marks owned by third parties (the “Third-Party Trademarks,” and, collectively with Radioair Trademarks, the “Trademarks”). Except as otherwise permitted by law, you may not use the Trademarks to disparage Radioair or the applicable third-party, Radioair’s or a third-party’s products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. You may not use any Trademarks as part of a link to or from any Service without Radioair’s prior express written consent. All goodwill generated from the use of any Radioair Trademark will inure solely to Radioair’s benefit.
d. Restrictions. The Service, Radioair Content, and Trademarks, including all intellectual property rights therein, are the sole and exclusive property of Radioair and its licensors. Radioair hereby reserves all rights not expressly granted to you in this Section 5. Accordingly, nothing in this EULA or on the Service will be construed as granting to you, by implication, estoppel or otherwise, any additional license rights in and to the Service or any Radioair Content or Trademarks located or displayed therein. Except for the right to access Third Party Content through the Service, no rights are hereby granted to you with respect to such Third Party Content.
6. User Content and Other Content.
a. Definition. This Section governs any material that you post, send or transmit (collectively, “Post”) through the Service, including, by way of example and not limitation, photographs, graphics, images and text (collectively, “User Content”) and other activities that Radioair may take with respect to materials accessible through the Service.
b. Licenses to User Content. By Posting User Content to or through the Service, you hereby grant to Radioair (and Radioair’s assignees, designees, successors, licensees, and sub-licensees) an unrestricted, perpetual, assignable, sublicensable, revocable, royalty-free, fully paid-up license throughout the world to Use all User Content you Post to or through the Service, through any media and formats now known or hereafter developed, in connection with the Service or our business.
c. You Must Have Rights to the Content You Post. You must not Post any User Content to the Service if you are not the owner of or are not fully authorized to grant rights throughout the universe in all elements of the User Content you intend to Post to the Service . You represent and warrant that: (i) you own the User Content Posted by you on or through the Service or otherwise have the right to grant the license set forth in this EULA; (ii) the Posting and Use of your User Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any party in any territory throughout the universe; (iii) the Posting of your User Content on the Service will not require us to obtain any further licenses from or pay any royalties, fees, compensation or other amounts or provide any attribution to any third parties; and (iv) the Posting of your User Content on the Service does not result in a breach of contract between you and a third party. You agree to pay all monies owing to any person as a result of Posting your User Content on the Service.
d. Acceptable Uses and Objectionable Content. We want Users to have an enjoyable experience when they use the Service. To facilitate that, we have adopted an Acceptable Use Policy, which is hereby incorporated by reference into this EULA. You are required to comply with the Acceptable Use Policy when Posting any User Content to the Service. The Posting of any Objectionable Content, as defined in the Acceptable Use Policy, may subject you to third party claims and none of the rights granted to you in this EULA may be raised as a defense against any third party claims arising from your Posting of Objectionable Content. If you encounter any Objectionable Content on the Service, then please immediately email Radioair at email@example.com. You acknowledge and agree that Radioair provides you with the ability to report Objectionable Content as a courtesy, and Radioair has no obligation to remove or take any other action with respect to any Objectionable Content on the Service that you report to us. However, Radioair in its sole discretion may take any actions it deems necessary and/or appropriate against any User who Posts Objectionable Content on the Service, including, but not limited to, warning the User, suspending or terminating the User’s Account, removing all of the User’s User Content Posted on the Service, and/or reporting the User to law enforcement or other governmental authorities, either directly or indirectly.
e. Monitoring. Radioair has the right, but not the obligation, to monitor the Service, and may remove or restrict access to any User Content, Third Party Content or Radioair Content from the Service for any reason in its sole discretion at any time, without notice and without any liability to you. You acknowledge that Radioair may establish general practices and limits concerning use of the Service without notice to you, including, without limitation, the maximum period of time that User Content or Radioair Content will be retained by the Service and the maximum storage space that will be allotted on Radioair’s servers on your behalf. You acknowledge and agree that Radioair may preserve any content and may also disclose any content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process, applicable laws or government requests; (ii) enforce this EULA; (iii) respond to claims that any content violates the rights of third parties; or (iv) protect the rights, property, or personal safety of Radioair, its Users and the public. You understand that Radioair does not guarantee any confidentiality with respect to User Content and will have no responsibility or liability for User Content that is deleted from the Service.
7. Special Notice for International Use; Export Controls.
Software available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No software may be downloaded from the Service or otherwise exported or re-exported in violation of France export laws. You download and use the software at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content. Radioair makes no representation that the Service is appropriate or available for use in any particular location.
8. Advertisements and External Sites.
a. Advertisements. Radioair may display advertisements for the goods and services of third parties or other promotional materials on the Service. Your dealings with, or participation in, promotions of any third party advertisers on the Service, are solely between you and such third party, and your participation is subject to any terms and conditions associated with that advertisement or promotion. Radioair does not endorse or represent such third parties, and by using the Service, you agree that Radioair is not responsible or liable for any loss or damage of any sort incurred as a result of any such dealings or the presence of such third parties on the Service.
b. External Sites. The Service may contain links to or the ability to share information with third party websites (“External Sites”). Radioair does not endorse any External Sites or the content made available on such External Sites. All External Sites and any content thereon is developed and provided by others. You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such content located on such External Sites. Radioair is not responsible for the content of any External Sites and does not make any representations regarding the content or accuracy of any materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer and connected devices from viruses and other destructive programs. If you decide to access any External Sites, purchase any content from External Sites or subscribe to services offered by such External Site, then you do so at your own risk. You agree that Radioair will have no liability to you arising from your use, engagement, exposure to or interaction with any External Sites.
While we are continually working to develop and evaluate our own product ideas and features, we pride ourselves on paying close attention to your interests, feedback, comments and suggestions. If you choose to contribute by sending Radioair or our employees any ideas for products, services, features, modifications, enhancements, content, refinements, technologies, content offerings (such as audio, visual, audiovisual, games or other types of content), promotions, strategies or product/feature names or any related documentation, artwork, computer code, diagrams or other materials (collectively “Feedback”), then regardless of what your accompanying communication may say, the following terms will apply, so that future misunderstandings can be avoided. Accordingly, by sending Feedback to Radioair, you agree that:
a. Radioair has no obligation to review, consider or implement your Feedback, or to return to you all or part of any Feedback for any reason;
b. Feedback is provided on a non-confidential basis, and Radioair is not under any obligation to keep any Feedback you send confidential or to refrain from using or disclosing it in any way; and
c. You irrevocably grant Radioair and its successors and assigns perpetual and unlimited permission to Use the Feedback and derivatives thereof for any purpose and without restriction, free of charge and without attribution of any kind, including by making, using, selling, offering for sale, importing and promoting commercial products and services that incorporate or embody Feedback, whether in whole or in part, and whether as provided or as modified.
10. Dispute Resolution.
a. General. In the interest of resolving disputes between you and Radioair in the most expedient and cost effective manner, you and Radioair agree that any dispute arising out of or in any way related to this EULA or your use of the Service will be resolved by France laws.
11. Limitation of Liability and Disclaimer of Warranties.
THE FOLLOWING TERMS IN THIS SECTION 11 APPLY TO THE FULLEST EXTENT PERMITTED BY LAW:
a. Radioair, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS (COLLECTIVELY, THE “Radioair PARTIES”) MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE SERVICE AND ANY CONTENT AVAILABLE ON THE SERVICE, INCLUDING, BUT NOT LIMITED TO, THE ACCURACY, RELIABILITY, COMPLETENESS APPROPRIATENESS, TIMELINESS OR RELIABILITY THEREOF. THE Radioair PARTIES WILL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY OR COMPLETENESS OF ANY CONTENT ON THE SERVICE OR ANY OTHER INFORMATION CONVEYED TO ANY USER, OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN, OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA FROM WHATEVER CAUSE. AS A USER, YOU AGREE THAT YOU USE THE SERVICE AND ANY CONTENT THEREON AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ALL CONTENT YOU UPLOAD TO THE SERVICE.
b. THE Radioair PARTIES DO NOT WARRANT THAT THE SERVICE WILL OPERATE ERROR FREE, OR THAT THE SERVICE AND ANY CONTENT THEREON ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE SERVICE OR ANY CONTENT THEREON RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THEN NO Radioair PARTY WILL BE RESPONSIBLE FOR THOSE COSTS.
c. THE SERVICE AND ALL CONTENT THEREON ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. ACCORDINGLY, THE Radioair PARTIES DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS AND FITNESS FOR PARTICULAR PURPOSE.
d. IN NO EVENT WILL ANY Radioair PARTY BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM, OR IN CONNECTION WITH, THE USE OR INABILITY TO USE THE SERVICE AND ANY CONTENT THEREON, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF SUCH Radioair PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Radioair’S LIABILITY, AND THE LIABILITY OF ANY OTHER Radioair PARTIES, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF THE FEES YOU HAVE PAID US AND France €100.
12. Third Party Disputes.
TO THE FULLEST EXTENT PERMITTED BY LAW, ANY DISPUTE YOU HAVE WITH ANY THIRD PARTY ARISING OUT OF YOUR USE OF THE SERVICE, INCLUDING, BY WAY OF EXAMPLE AND NOT LIMITATION, ANY CARRIER OR OTHER USER, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE THE Radioair PARTIES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
To the fullest extent permitted by law, you agree to indemnify and hold Radioair, and its officers, directors, employees, agents, successors, and assigns harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected to (a) your access, use, or misuse of the Service or Radioair Content; (b) your User Content; or (c) your violation of this EULA. Radioair will use reasonable efforts to notify you of any such claim, action or proceeding for which it seeks an indemnification from you upon becoming aware of it, but if Radioair is unable to communicate with you in a timely manner because of an inactive e-mail address for you, then your indemnification obligation will continue notwithstanding Radioair’s inability to contact you in a timely manner. Radioair reserves the right, in its sole discretion, to assume the exclusive defense and control of any matter that is subject to indemnification under this Section at your sole expense. In such case, you agree to cooperate with any reasonable requests to assist Radioair’s defense of such matter.
14. Term and Termination of the EULA.
a. Term. As between you and Radioair, the Term of this EULA commences as of your first use of the Service and continues until the termination of this EULA by either you or Radioair.
b. Termination. You may terminate this EULA by sending written notification to Radioair at firstname.lastname@example.org, deleting the App from your connected device and terminating all other uses of the Service. Radioair reserves the right, in its sole discretion, to restrict, suspend or terminate this EULA and your access to all or any part of the Service at any time without prior notice or liability if you breach any provision of this EULA or violate the rights of any third party. Radioair may further terminate this EULA immediately for any other reason with or without notice to you, using the email address associated with your Account credentials. Radioair reserves the right to change, suspend or discontinue all or any part of the Service at any time without prior notice or liability.
c. After any termination of this EULA, you understand and acknowledge that (i) we will have no further obligation to provide the Service to you; and (ii) all licenses and other rights granted to you in this EULA will immediately cease. Radioair is not liable to you or any third party for termination of the Service or termination of your use of the Service. Upon any termination or suspension, you may no longer access any information (including your User Content) that you have Posted to the Service or that is related to your Account. Furthermore, Radioair will have no obligation to maintain any information stored in our database related to your Account or to forward any information to you or any third party. You acknowledge and agree that Radioair will not be required to delete any of your User Content that may be stored on any servers or other back-up media owned or controlled by or on behalf of Radioair following the termination of your Account. Sections 1.a, 1.c, 1.d, 1.e, 2.b, 2.c, 2.d, 2.e, 3.b, 5.b, 5.c, 5.d, 6, 7, 9, 10, 11, 12, 13, 14.b, 14.c, 15, 16, 18 and all defined terms used therein will survive the termination of this EULA indefinitely.
15. Consent to Electronic Communications.
17. Contact Us.
If you have any comments, complaints, suggestions about this EULA or the Service or otherwise would like to contact us, then you can contact Radioair by email at email@example.com, or by France post at 36 avenue des pélicans 44500 La Baule FRANCE
18. Open Source Software.
The App contains certain open source software. Each item of open source software is subject to its own applicable license terms.
NOTICE REGARDING APPLE.
You acknowledge that this EULA is between you and Radioair only, not with Apple, and Apple is not responsible for the App or the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, then you may notify Apple and Apple will refund the purchase price for the relevant App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the App. Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights. You agree to comply with any applicable third party terms, when using the App. Apple, and Apple’s subsidiaries, are third party beneficiaries of this EULA, and upon your acceptance of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third party beneficiary of this EULA. You hereby represent and warrant that (i) you are not located in a country that is subject to a France Government embargo, or that has been designated by the France Government as a “terrorist supporting” country; and (ii) you are not listed on any France Government list of prohibited or restricted parties. If Radioair provides a translation of the English language version of this EULA, then the translation is provided solely for convenience, and the English version will prevail.
What information does the Service obtain and how is it used?
Automatically Collected Information
In addition, the Service 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 Service.
Does the Application collect precise real time location information of the device?
If you allow it this Service will collect precise information about the location of your mobile device.
Do third parties see and/or have access to information obtained by the Service?
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 Service 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 Service which helps us keep the cost of the Service low. Advertisers and advertising networks use some of the information collected by the Service, 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 Service 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 Service:
Opt-out of all information collection by uninstalling the Service: You can stop all collection of information by the Service easily by uninstalling the Service. 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 firstname.lastname@example.org.
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 Service 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 Service, please contact us at email@example.com 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 Service to function properly.
We do not use the Service to knowingly solicit data from or market to children under the age of 16. 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 firstname.lastname@example.org. 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 Service. 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.
Under the GDPR your rights are as follows. You can read more about your rights in details here;
the right to be informed;
the right of access;
the right to rectification;
the right to erasure;
the right to restrict processing;
the right to data portability;
the right to object; and
the right not to be subject to automated decision-making including profiling.
We handle subject access requests in accordance with the GDPR.
Some cookies are required to enjoy and use the full functionality of this Service.
We ensure the security of any personal information we hold by using secure data storage technologies and precise procedures in how we store, access and manage that information. Our methods meet the GDPR compliance requirement.
We have provided some further explanations about user privacy and the way we use this Service to help promote a transparent and honest user privacy methodology.
Clicking on any adverts, sponsored or affiliate links may track your actions by using a cookie saved to your device. Your actions are usually recorded as a referral from our Service by this cookie. In most cases we earn a very small commission from the advertiser or advertising partner, at no cost to you, whether you make a purchase on their Service or not.
We use advertising partners in these ways to help generate an income from the Service, which allows us to continue our work and provide you with the best overall experience and valued information.
If you have any concerns about this we suggest you do not click on any adverts, sponsored or affiliate links found throughout the Service.
Under the GDPR we use the consent lawful basis for anyone subscribing to our newsletter or marketing mailing list. We only collect certain data about you, as detailed in the "Processing of your personal data" above. Any email marketing messages we send are done so through an EMS, email marketing service provider. An EMS is a third party service provider of software / Service s that allows marketers to send out email marketing campaigns to a list of users.
Email marketing messages that we send may contain tracking beacons / tracked clickable links or similar server technologies in order to track subscriber activity within email marketing messages. Where used, such marketing messages may record a range of data such as; times, dates, I.P addresses, opens, clicks, forwards, geographic and demographic data. Such data, within its limitations will show the activity each subscriber made for that email campaign.
Any email marketing messages we send are in accordance with the GDPR and the PECR. We provide you with an easy method to withdraw your consent (unsubscribe) or manage your preferences / the information we hold about you at any time. See any marketing messages for instructions on how to unsubscribe or manage your preferences, you can also unsubscribe from all MailChimp lists, by following this link, otherwise contact the EMS provider.
If you have any questions regarding privacy while using the Service, or have questions about our practices, please contact us via email at email@example.com.