PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS. IT ALSO CONTAINS A DISCLAIMER OF WARRANTY AND A LIMITATION OF LIABILITY CLAUSE.
1. ABOUT THESE TERMS AND CONDITIONS
(a) accessing or using any website or application published by us (together the “App”); or
(b) communicating with us either by telephone or electronically,
2. INFORMATION ABOUT US
2.1 We distribute and license the App. We are AWESOME MEDIA GROUP LIMITED, a Private limited Company incorporated in United Kingdom with registered number 09763038 and registered address at Ams Accountants Corporate Ltd, Queens Court, 24 Queen Street, Manchester, England, M2 5HX.
2.2 References to “AWESOME Radio”, “Licensor”, “we” and “us” are references to AWESOME Radio.
3. SCOPE OF OUR SERVICE
3.1 The App is a software application (for mobile and other platforms) and an online platform through which users can listen to and time-shift broadcast radio programs while being targeted with tailored advertising based on their listener profiles. Parts of the service and the underlying technology of the App are provided through Licensor’s partner Exaget Oy, a limited liability company incorporated in Finland with registered number 2446666-5 and registered address at Energiakuja 3, 00180 Helsinki, FINLAND (”Technology Partner”). Technology Partner shall also act as the designated controller of any personal data collected from you and processed in connection with your use of the App, as further described in Section 8 below.
4. YOUR CONDUCT
4.1 By using the App, you agree not to upload, post, e-mail or otherwise send or transmit any material that contains malware, viruses, Trojan horses, worms or any other computer code, files or programs designed to interrupt, destroy or limit the functionality or functioning of any software or hardware or telecommunications equipment associated with the App.
(a) conduct or promote any illegal activities while using App or use the App for any unlawful purpose;
(b) conduct or promote any commercial activities while using the App or use the App for any commercial purpose;
(c) upload, distribute or print anything that may be harmful to minors;
(d) attempt to reverse engineer or sell, export, license, modify, copy, distribute or transmit the App to any third party, or jeopardize the correct functioning of the App, or otherwise attempt to derive the source code of the software (including the tools, methods, processes and infrastructure) that enables or underlies the App;
(e) attempt to gain access to secured portions of the App to which you do not possess access rights;
(f) impersonate any other person while using the App;
(g) use the App in a vulgar, offensive, harassing or objectionable manner;
(h) resell or export the software associated with the App;
(i) use the App to generate unsolicited advertisements or spam; or
(j) use any automatic or manual process to search or harvest information from the App, or to interfere in any way with the proper functioning of the App.
5. THIRD PARTY CONTENT
5.1 The App may give you the ability to listen to and time-shift broadcast radio programs over which Licensor exercises no editorial or programming control. Licensor is not responsible for any third party content provided by broadcasters or advertisers.
6. INTELLECTUAL PROPERTY
6.1 Licensor and/or its licensor(s), including without limitation Technology Partner, are the sole owners of the App. The App is protected by Finnish and international copyright and other intellectual property laws.
6.2 We permit you to use the App for your own personal and non-commercial use only and Licensor grants you a limited license solely for that purpose. You are therefore not permitted to re-sell, re-publish, export, modify, reverse engineer, scrape, copy, display for commercial purposes, download, distribute, transmit or reproduce, any content, information, software, products, or services for any purpose or activity.
6.3 Any unauthorized use of the App by you allows us to automatically terminate the limited license granted by us. Licensor reserves the right to terminate the limited license without notice at any time following an unauthorized use by you of the App.
6.4 AWESOME Radio and its graphics, logos, icons and service names related to the App are registered and unregistered trademarks of Licensor. They may not be used without Licensor’s prior express written permission.
6.5 All other trademarks not owned by Licensor that appear in connection with the App are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by Licensor.
7. ELECTRONIC COMMUNICATIONS
7.1 By using the App, you consent to receiving electronic communications and notices from Licensor and its Technology Partner.
7.2 You agree that any notice, agreement, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
8. YOUR PERSONAL DATA
9. NO WARRANTY & LIMITATION OF LIABILITY
9.1 Licensor provides the App “as is” and without any warranty or condition, whether express, implied or statutory. Licensor specifically disclaims any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Licensor assumes no liability or responsibility for any errors or omissions in the App or offers or promotions made available to you or on your behalf through the App; any failures, delays or interruptions in the App; any losses or damages arising from the use of the App including, without limitation, any damage to your mobile device; or any conduct by users of the App. We reserve the right to deliver the App in our sole and absolute discretion.
9.3 Licensor does not recommend any advertiser promoted through the App.
9.4 Licensor does not seek to exclude liability for death or personal injury caused by any negligence, or fraud or fraudulent misrepresentation on the part of Licensor.
9.5 If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.
11.2 Any dispute or claim arising out of or in connection with such matters will be subject to the exclusive jurisdiction of the courts of England, United Kingdom unless otherwise provided by mandatory provisions of applicable law.
13.3 Headings are for reference purposes only and in no way define, limit, construe or describe the extent or scope of such section.
14. CONTACT US