By using the mobile application (hereinafter referred to as the "Application"), which is an Internet radio receiver allowing access to publicly available Internet radio stations, the Application user accepts this agreement (hereinafter referred to as the "Agreement"). This Agreement regulates the rules of using the Application, the responsibilities of the parties, and other relations related to the use of the Application. The Application is distributed through "App Store" and "Google Play," online stores of "Apple" and "Google Play," which contain digital audio, video, and gaming content for the electronic devices they produce.
1. TERMS AND DEFINITIONS
1.1. In the text of the Agreement, as well as in connection with the relations between the Administrator and users of the Application, the following terms and definitions are used.
1.1.1. Administrator – an individual with the authority to make decisions regarding user complaints about the Application. The Administrator operates based on their internal conviction and is not responsible for user actions. The Administrator does not verify the user interface of the Application. Communication with the Administrator is conducted via email at [email protected].
1.1.2. Application – computer software that allows users to add Internet radio stations freely available on the Internet.
1.1.3. User – a capable natural person who has downloaded the Application to their mobile device via "App Store" or "Google Play," possesses civil capacity, and has the legal capacity to acquire rights and assume obligations in accordance with the norms of international law and international agreements.
1.2. Other terms used in the Agreement and/or arising from it shall be interpreted in accordance with the legislation of international law. In the absence of interpretation in the legislation, they shall be interpreted according to business customs and scientific doctrine.
2. GENERAL PROVISIONS
2.1. When using the Application, the User undertakes to comply with the Agreement, along with all its integral parts, including the applicable legislation of international law and international agreements.
2.2. The Administrator may engage third parties to fulfill obligations under the Agreement without the User's consent while remaining responsible for their actions before the User.
2.3. After downloading the Application to their mobile device, the User gains access to the following features:
2.3.1. Audio streaming player from the Internet in formats: mp3, aac, aac+ (Free).
2.3.2. "PLUS" mode (paid) - provides access to an alarm clock, sleep timer, song recognition, equalizer, and data rate adaptation via the Internet (if "PLUS" mode is available through in-app subscription).
2.4. All paid services in the Application are purchased by the User through the "iOS" and "App Store" or "Android" and "Google Play" operating system interfaces. The Application initiates the purchase mechanism, after which the User purchases the services through the "iOS" and "App Store" or "Android" and "Google Play" operating system interfaces.
2.5. The User undertakes to familiarize themselves with the current version of the Agreement in a timely and independent manner. If the User disagrees with the current version of the Agreement, the User must cease using the Application.
2.6. The User undertakes not to exploit potential software errors in the Application to gain advantages over other Users. The User is obligated to promptly report any errors detected in the Application to the Administrator.
2.7. The User is responsible for the security of their account in the Application and is obliged to independently take measures to ensure its safety.
2.8. The Administrator is not responsible for any potential data loss or damage, as well as for any other consequences arising from the User's violation of the Agreement.
2.9. The User acknowledges and agrees that they must independently assess all risks associated with using the Application, including assessing the reliability, completeness, or usefulness of the information posted in the Application.
3. USER ACCOUNT
3.1. The user installs the Application, launches it, and then a User Identifier is created on the user's device, which is synchronized via the "iCloud" service with their User account in the "AppStore."
3.2. The Administrator does not have access to the User's account.
3.3. Authorization in the Application occurs as follows: the user launches the Application for which the identifier has already been created. This identifier is then used for authorization.
3.4. The user undertakes to use their account personally. Transferring access to their account to third parties is prohibited.
3.5. The user must immediately inform the Administrator of any case of unauthorized (not authorized by the user) access to their account and/or any breach (suspected breach) of the confidentiality of their access to their account. The Administrator is not responsible for any possible loss or corruption of data, as well as for any other consequences of any kind that may occur due to the user's violation of the terms of the Agreement.
4. SIMPLE ELECTRONIC SIGNATURE
4.1. Any actions by the user using their login and password to the User's account (electronic signature key) confirm the creation of a simple electronic signature directly by the user.
4.2. Electronic documents or letters signed with a simple electronic signature are equivalent to documents on paper media signed with a handwritten signature.
4.3. The user undertakes to maintain the confidentiality of their electronic signature (not to disclose their login and password or provide access to their email to third parties) and is fully responsible for its security and individual use, independently choosing the method of storage and access restrictions.
4.4. In the event of unauthorized access to the login and password, their loss, or disclosure to third parties, the user must immediately inform the Administrator by sending an email from the email address specified in their account.
5. LIMITATION OF LIABILITY
5.1. The user understands and agrees that all Application services are provided "as is," and the Administrator is not responsible for any delays, failures, incorrect or untimely delivery, deletion, or non-retention of any user's personal and other information.
5.2. The user agrees that the Application meets the User's requirements at the time of accepting the Agreement and will continue to do so. The results obtained through the use of the Application will be accurate and reliable and may be used for any purpose or in any quality (e.g., to establish and/or confirm any facts).
5.3. Under no circumstances shall the Administrator or its representatives be liable to the User or any third parties for any indirect, incidental, unintentional damages, including lost profits or data, harm to honor, dignity, or business reputation, arising in connection with the use of the Application, its content, or other materials to which the User or other persons have access, even if the Administrator has warned or indicated the possibility of such harm.
5.4. The Administrator is not responsible for the non-performance or improper performance of its obligations under the Agreement due to failures in telecommunications and energy networks, malicious software actions, as well as the dishonest actions of third parties aimed at unauthorized access and/or disabling the Administrator's software and/or hardware complex (e.g., DDoS attacks), including individuals with whom the Administrator has entered into agreements to fulfill its obligations under the Agreement.
6. CONFIDENTIALITY
6.1. The confidentiality condition applies to all information that the Administrator may obtain about the User during the use of the Application and which can, in principle, be attributed to this specific User.
6.2. The user is solely responsible for the security (resistance to guessing) of the means chosen by them to access their account, and ensures their confidentiality.
6.3. The Administrator may only disclose personal information about the User to third parties in the following cases:
- The User expresses a desire to disclose this information;
- Without this, the User cannot fully use a specific Application service;
- It is required by international law and/or authorities in accordance with legal procedures;
- The User violates the Agreement and/or applicable legislation, and the disclosure of information allows for preventing such violation.
7. INTELLECTUAL PROPERTY
7.1. All objects within the Application, including design elements, text, graphic images, illustrations, videos, computer programs, databases, and other objects initially published in the Application, are objects of the Administrator's exclusive rights.
7.2. The User is granted a personal, non-exclusive, and non-transferable right to use the Application software on their device, provided that neither the User nor any other persons with their assistance shall:
- Copy or modify the software;
- Create software derivatives from the software;
- Infiltrate the software for the purpose of obtaining program codes;
- Infringe the rights of third parties;
- Sell, assign, rent, or transfer to third parties in any other form the rights to the software provided to the User under the Agreement;
- Modify services, including gaining unauthorized access to them.
7.3. In the event of a breach of intellectual property rights, the respective right holder undertakes to send a statement to the Administrator by e-mail to the address: [email protected] in an out-of-court procedure. The application is submitted by an authorized person, and a copy of the document confirming their authority is attached to the application in writing or electronic form.
7.4. In case of incomplete information, inaccuracies, or errors in the application, the Administrator shall send the applicant a clarification notice within 24 (twenty-four) hours from the receipt of the application. The notification can be sent to the applicant once. Within 24 (twenty-four) hours from the receipt of the notification, the applicant takes measures to provide missing information, eliminate inaccuracies and errors, and sends the Administrator the amended information.
7.5. Within 24 (twenty-four) hours from the receipt of the application or the amended information by the applicant (in case of sending a notification to the applicant), the Administrator removes from the Application objects of intellectual property, the rights to which were violated.
7.6. In the presence of evidence proving the legitimacy of placing information in the Application containing objects of copyright and/or related rights, the Administrator may choose not to take measures to remove such information based on a complaint and send the complainant a relevant notification with attached evidence.
8. FINAL PROVISIONS
8.1. The Administrator has the right to make changes to the Agreement at any time and unilaterally. The date of the last update is indicated in the current version. The new edition of the Agreement comes into force when it is posted in the Application, unless otherwise provided by the new edition of the Agreement.
8.2. The relationship between Users arising from the use of the Application shall be subject to the norms of international law.
8.3. In case of violation of the Agreement and/or the applicable legislation and/or the norms of international law, the person who discovered the violation must immediately report the violation to the Administrator by email: [email protected]
The Administrator reviews reports of violations (excluding copyright violation reports) within 48 (forty-eight) hours from the time of receipt. In the course of reviewing the report of the violation, the Administrator may request the User who filed the complaint to provide information and copies of documents that confirm or deny the User's guilt in the violation.