Awaz FM Terms of Use

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

 

1.1    These Terms of Use (as amended from time to time) set out the terms on which we provide all our services to you (whether directly or indirectly). By:
(a)    accessing or using any application published by us (together the “App”); or
(b)    communicating with us either by telephone or electronically,
you acknowledge and agree to be bound by these Terms of Use.

1.2    The App makes use of the Google Places API. By using the App you agree (in addition to these Terms of Use) to be bound by Google's Terms of Service (as amended from time to time), available at https://www.google.com/intl/en/policies/terms/

1.3    We may at any time without notice modify these Terms of Use. We will notify you of any changes to these Terms of Use via posting a notice on the http://po.st/awaz website (“Website”).


1.4    By continuing to use the App after changes to these Terms of Use are made and notified to you, you agree to be bound by such changes.


1.5    You can review the most current version of our Terms of Use at any time by clicking on the “Terms of Use” link located at the bottom of the website and in the Settings section of the App. The most current version displayed on that page will supersede all previous versions.

 

2.    INFORMATION ABOUT US

 

2.1    We distribute and license the App. We are Awaz FM Ltd, a limited company incorporated in Scotland with registered number SC225719 and registered address at 64 Darnley Street, Pollokshields, Glasgow, G41 2SE.


2.2    References to “Awaz FM”, “Licensor”, “we” and “us” are references to Awaz FM Ltd.

 

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.


4.2    You also agree not to interfere with the servers or networks connected to the App or to violate any of the procedures, policies or regulations of networks connected to the App, including these Terms of Use. You also agree not to:

(a)    conduct or promote any illegal activities while using the 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.


5.2    In using the App, you may have access to links and resources provided by third parties. Such resources (and any content available as a result of following any links) are the sole responsibility of the third party providers and Licensor is not responsible for any such content. When following a link to a third party website, you may become bound by the terms of use of such website which you should review prior to using any goods or services provided through the resource or website.

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    Awaz FM 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

 

8.1    By agreeing to these Terms of Use, you also agree and acknowledge that Technology Partner (as defined under Section 3 above) shall act as the designated controller of any personal data collected from you and processed in connection with your use of the App, as further set out in the Technology Partner’s Privacy Policy (as amended from time to time), available at http://www.exaget.com/privacy/. Such personal data will be collected and processed by Technology Partner in accordance with the Technology Partner’s Privacy Policy and any mandatory provisions of applicable law.

 

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.


9.2    In no event shall Licensor, its shareholders, directors, officers, employees or agents be liable (jointly or severally) to you for loss of use or any special, incidental, indirect or consequential damages arising out of or in connection with the App or these Terms of Use, on any theory of liability, and whether or not advised of the possibility of damage.


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.

 

10.    INDEMNITY

 

10.1    You agree to indemnify and hold Licensor, and each of its respective shareholders, directors, officers, employees, agents and partners harmless from and against any third-party claim or cause of action, including reasonable attorneys’ fees and court costs, arising, directly or indirectly, out of your violation of any law or the rights of any third party or these Terms of Use.

11.    DISPUTES

 

11.1    You agree that these Terms of Use and any claim, dispute or controversy arising out of or in connection with these Terms of Use or their subject matter or formation, the App, Licensor’s advertising or any related transaction between you and Licensor shall be governed by and construed in accordance with UK law, unless otherwise provided by mandatory provisions of 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 Glasgow, Scotland, unless otherwise provided by mandatory provisions of applicable law.

 

12.    TERMINATION

 

12.1    Licensor may change, discontinue, suspend or cease to provide the App at any time without prior notice. We reserve the right to terminate these Terms of Use for any reason, without notice, and these Terms of Use shall automatically terminate in the event that you violate any of the terms and conditions set forth herein (with prejudice to our accumulated rights against you). In the event of any termination, you will immediately cease access to the App.

13.    GENERAL

 

13.1    These Terms of Use are agreed between Licensor and you. No other person shall have any rights under or in connection with these Terms of Use.


13.2    If any court or competent authority decides that any term of these Terms of Use is held to be invalid, unlawful or unenforceable to any extent, such term shall, to that extent only, be severed from the remaining terms, which shall continue to be valid to the fullest extent permitted by 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.


13.4    Licensor will not be liable for any failure to perform the services under these Terms of Use which is due to any event(s) or circumstance(s) if the non-performance is caused by force majeure. By way of example force majeure includes, but is not limited to, war, revolution, terrorist act, closure of borders, epidemic, natural catastrophe or other causes that seriously affect both parties and other unforeseeable causes beyond Licensor’s control.


13.5    Our failure to enforce any provision of these Terms of Use shall not constitute a waiver of that or any other provision and will not relieve you from the obligation to comply with such provision.


13.6    You are not permitted to assign, transfer, charge, sub-contract or deal in any other manner with all or any of your rights under these Terms of Use without our prior express written consent.


13.7    These Terms of Use set forth the entire understanding and agreement between you and Licensor with respect to the subject matter hereof.

 

14.    CONTACT US

 

14.1    If you have any questions about these Terms of Use or the use of the App, please contact us at: info@exaget.com