These Terms of Service explain the terms and conditions that apply to your access and use of the "FM Radio Australia" Service and constitutes a legally binding agreement between you and "FM Radio Australia".
Please read these Terms carefully. By using the "FM Radio Australia" Service, or Posting any of Your Content (as defined below) through the Service, you acknowledge that you have read, understood, and agree to be bound by this entire Agreement. This Agreement is a legal agreement between you and "FM Radio Australia" and the terms hereof apply to you whether you are a registered user or a visitor using the Applications (as defined below). If you do not agree with this Agreement, do not use the "FM Radio Australia" Service.
We may change these Terms from time to time, so please review them regularly.
1. The Service
"FM Radio Australia" is the digital equivalent of a radio receiver. It consists of an index of radio stations designed to simplify finding radio programming from broadcast or radio sources, whether available through our website or through any software applications made available for mobile devices, computers or car systems. "FM Radio Australia" is not a broadcaster and its directory service just redirect users to specific content providers in accordance with their publicly available services. "FM Radio Australia" is an intermediary which connects (via embedded hyperlinks) users to radios broadcasting over the Internet. "FM Radio Australia" does not own any of the brands it lists or claim any rights in the content that listeners may access. "FM Radio Australia" complies with the applicable laws and fully respects third party rights. "FM Radio Australia" is not liable for any content that any of the listed radio stations broadcasts.
2. Changes to the Service
"FM Radio Australia" may change, add or remove features and functionalities of its service without notice. "FM Radio Australia" can, at its discretion, discontinue some or all of the features of the service at any time (including new updates). "FM Radio Australia" shall not be liable for any modification, suspension or discontinuance of the service. If you are dissatisfied with any changes on the service, then your only option is to no longer use "FM Radio Australia".
4. Registration and Account
To access certain features of the "FM Radio Australia" Service and to post specific contents, you will be required to register and provide some information, including a username and password, email address, country. You agree to:• Provide accurate information and update your account when necessary to keep it accurate;
• Not use false identities or use a username or password that you are not authorized to use;
• Maintain confidential your username, password and other account information;
• Maintain confidential all activities that occur under your user name or account;
• Not allow others to access or use your account and notify us immediately of any unauthorized use of your account;
If you are under 13 years old you cannot use the service nor register yourself by creating an account.
5. Using the Service
Our service is provided only for your personal and non-commercial use and you may not transfer "FM Radio Australia" Service to a third party. You agree that you will not resell, sublicense, transfer, rent, lease, or exploit "FM Radio Australia" Service commercially, in a whole or in a part. You agree that you will not use the "FM Radio Australia" Service in any unlawful manner and that you will not attempt to gain unauthorized access to it (by modifying it, adapting it or hacking it). Collecting or storing personal data about other users without their express permission is strictly forbidden.
When using the Service through a mobile device, your wireless service carrier's standard charges, data rates and other fees may apply, and you acknowledge that you are solely responsible for all such fees and charges.
6. Third Party ContentThird Party Content definition
“Third Party Content” contemplates:• Any broadcast radio programs, podcast or other audio content that the "FM Radio Australia" Service gives you the ability to listen to;
• Any photos, images, graphics, sound recordings, musical works, album artworks, data, information, feedback, suggestions, text, content and other materials that a third party may record, upload, post, publish, submit, deliver, provide or otherwise transmit;
• Any links or other access to websites and resources on the Internet;
Third Party Content is copyrighted and protected.
You acknowledge and agree that Third Party Content may be the copyrighted material of the third party that supplies it. Therefore the content accessed on the basis of our service that is protected by copyright law and other applicable laws, may not be reproduced, used to prepare derivative works, performed publicly or displayed publicly and distributed without the written consent of the third party that supplied it, except as permitted by applicable law.
Third Party Content may be transmitted with a variety of copy protection mechanisms, which are designed to protect the copyright interests of the relevant third party. These copy protection mechanisms may constraint or prevent the ability of the "FM Radio Australia" Service to play Third Party Content.
You understand that "FM Radio Australia" does not control the decision of a third party to institute such copy protection mechanisms. You agree that "FM Radio Australia" can not be held responsible in what concerns your or any third party’s ability to access or listen to, any Third Party Content due to a copy protection mechanism.
Due to copyright protection mechanisms it is strictly forbidden to extract, remove or otherwise change content or by any means make any attempts thereto. Any attempt to do so may subject you to liability and can result in the suspension or deletion of your account.
We are not responsible for the nature of the Third Party Content.
The Service gives you the ability to listen to and access Third Party Content over which "FM Radio Australia" exercises no editorial or programming control. We are not responsible for the nature of the Third Party Content.
You also understand that:• The "FM Radio Australia" Service does not guarantee the access to, recording of, listening to, or viewing of any particular Third Party Content;
• Third Party Content is not under "FM Radio Australia"’s control and the "FM Radio Australia" Service is not responsible for and does not endorse such Third Party Content;
• Third Party Content providers may change or delete Third Party Content or schedules at any time;
7. Your Content
By posting Your Content on or through the "FM Radio Australia" Service, you agree to, and by means of this do provide "FM Radio Australia", a worldwide, non-exclusive, revocable, royalty-free, fully paid, sublicensable and transferable license to use, modify, reproduce, distribute, display, publish, transmit, communicate to the public, make available, broadcast, prepare resulting works based on Your Content.
You must be entitled to grant the rights to your content. You must not upload your content to or through the "FM Radio Australia" Service, unless you are the copyright owner or are fully authorized to grant rights in all of the elements of Your Content that you intend to upload or transmit to or through the "FM Radio Australia" Service.
Your Content definition
“Your Content” means on the whole, the graphics, images, photos, sound recordings, musical works, data, information, feedback, ideas, comments, suggestions, text, content or other materials that you post in connection with or relating to the "FM Radio Australia" Service.
8. Advertisements, Sponsorships and Partnerships
We may display advertisements for goods and/or services of third parties or other promotional materials through the Service. Your participation in promotions of any third party advertisers through the "FM Radio Australia" Service is solely between you and such third party and your participation is subject to the terms and conditions associated with that advertisement or promotion. By using the "FM Radio Australia" Service you agree that "FM Radio Australia" is not responsible or liable for any damage or loss of any sort incurred as the result of participation on those promotions.
The same applies to any links to third party websites (i.e. websites not owned or operated by "FM Radio Australia") displayed in "FM Radio Australia" website.
9. Termination Of Service
You may terminate your account and your right to use the Service at any time by contacting Customer Support at firstname.lastname@example.org. Nevertheless, "FM Radio Australia" is given the right to at any time for any reason or no reason, to immediately suspend or terminate your account, with or without notice to you. Your Content on the "FM Radio Australia" Service (if any) may also be permanently deleted by "FM Radio Australia" at any time, without prior notice.
10. Intellectual Property and licenses
Any software that may be made available by the Service contains proprietary and confidential information that is protected by applicable intellectual property laws. "FM Radio Australia" Service grants you a personal and non-exclusive right and license to use these software programs only for personal and non-commercial use of the "FM Radio Australia" Service. Any other rights not expressly granted herein are reserved by "FM Radio Australia".
You shall not use the "FM Radio Australia" Service to perform any action of data mining, scraping or similar data gathering or extraction methods. Any use of the Service other than as specifically authorized herein is strictly prohibited.
"FM Radio Australia" respects and protects the copyright and the intellectual property of others and takes this subject very seriously. We also ask our users to do the same: respect third party rights!
Infringing activity regarding intellectual property will not be tolerated on the "FM Radio Australia" Service. Upon notice from an intellectual property owner or its agent "FM Radio Australia" will remove any material from the Service that we believe is infringing the intellectual property rights of a third party by being made available through the "FM Radio Australia" Service.
"FM Radio Australia" may also remove all third party content posted by any single user after receiving more than two takedown notices. However, "FM Radio Australia" may terminate the account of any user after receipt of a single notification of claimed infringement.
11. Procedure for Reporting Claimed Infringement
If you believe that any content listed on the "FM Radio Australia" Service has been used or exploited in a manner that infringes an intellectual property right you own, you should promptly send a “Notification of Claimed Infringement” to "FM Radio Australia" at email@example.com.
In order to be effective, remember to include, at least the identification of the specific material that is claimed to be infringing, a physical or electronic signature of a person authorized to act on behalf of the owner of the material that has been allegedly infringed and information that allows "FM Radio Australia" to reply to you, such as address, telephone number or e-mail.
12. Notice for Apple Users
Since the "FM Radio Australia" Service is available on the Apple App Store, as an Application (https://apps.apple.com/app/id), you acknowledge that this Agreement is between you and "FM Radio Australia" only, not with Apple, and Apple is not responsible for the Application or the content thereof.
Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application. In the event of any failure of the Application to conform to any applicable warranty, then you may notify Apple and Apple will refund the purchase price for the relevant Application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Application.
Apple is not responsible for addressing any claims by you or any third party relating to the Application or your possession and/or use of the Application, including, but not limited to:• Product liability claims or claims being under consumer protection or similar legislation.
• Any claim that the Application fails to conform to any applicable legal or regulatory requirement in any country;
Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights. Please refer to section 11 and 12, regarding copyright or other intellectual property infringements.
You agree to comply with any applicable third party terms, when using the Application.