Terms and Conditions

 

Terms and Conditions –Welcome to FineRadioCO

 Introduction

Please read these Terms of Use (these “Terms“) carefully as they govern your use of (which includes access to) FineRadioCO’s personalized services for streaming, replay or live content and other content, including all of our platform (s) and applications that incorporate or link to these Terms (collectively, ” FineRadioCO Service“) and any music, videos, podcasts, or other material that is made available through the FineRadioCO provision (the “Content“).

Use of the FineRadioCO Service may be subject to additional terms and conditions presented by FineRadioCO, which are hereby incorporated by this reference into these Terms.

By signing up for, or otherwise using, the FineRadioCO, you agree to these Terms. If you do not agree to these Terms, then you must not use the FineRadioCO Service or access any Content.

These terms and conditions outline the rules and regulations for the use of FineRadioCO’s platforms {Website, digital platforms (mobile & web)} and partner platforms.

By accessing this platform (s) we assume you accept these terms and conditions. Do not continue to use FineRadioCO platforms if you do not agree to take all of the terms and conditions stated on this page.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice , Artists Submissions and all Agreements: “Client”, “You” and “Your” refers to you, the person log on this website and compliant to the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of exchange necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of provider/user/consumer countries. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Age and eligibility requirements

In order to use the FineRadioCO and access any Content, you need to (1) be 13 years of age (or the equivalent minimum age in your home country) or older, (2) have parent or guardian consent if you are a minor in your home country, (3) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws, and (4) reside in a country where the Service is available. You also promise that any registration information that you submit to FineRadioCO is true, accurate, and complete, and you agree to keep it that way at all times If you are a minor in your home country, your parent or guardian will need to enter into these Terms on your behalf. You can find additional information regarding minimum age requirements in the registration process. If you do not meet the minimum age requirements then FineRadioCO will be unable to register you as a user.

2. FineRadioCO Content Provided by Us

FineRadioCO Service Options

We provide numerous FineRadioCO Service options. Certain FineRadioCO Service options are provided free-of-charge, while other options require payment before they can be accessed (the “Paid Subscriptions“). We may also offer special promotional plans, memberships, or services, including offerings of third-party products and services. We are not responsible for the products and services provided by such third parties.

The Unlimited Service may not be available to all users. We will explain which services are available to you when you are signing up for the services. If you cancel your subscription to the Unlimited Service, or if your subscription to the Unlimited Service is interrupted (for example, if you change your payment details), you may not be able to re-subscribe for the Unlimited Service. Note that the Unlimited Service may be discontinued in the future, in which case you will no longer be charged for the Service.

Cookies

We employ the use of cookies. By accessing FineRadioCO, you agreed to use cookies in agreement with FineRadioCO’s Privacy Policy.

Most interactive websites use cookies to let us retrieve the user’s details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.

License

Unless otherwise stated, FineRadioCO and/or its licensors own/share the intellectual property rights/creative commons/third party for material on FineRadioCO. All intellectual property rights are reserved. You may access this from FineRadioCO for your own personal use subjected to restrictions set in these terms and conditions.

You must not:

• Republish material from FineRadioCO
• Sell, rent or sub-license material from FineRadioCO
• Reproduce, duplicate or copy material from FineRadioCO
• Redistribute content from FineRadioCO

This Agreement shall begin on the date hereof.

Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. FineRadioCO does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of FineRadioCO, its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, FineRadioCO shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.

FineRadioCO reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.

You warrant and represent that:

• You are entitled to post the comments on our website and have all necessary licenses and consents to do so;
• The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
• The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
• The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

You hereby grant FineRadioCO a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.

Hyperlinking to our Content

The following organizations may link to our platform(s) without prior written approval:

• Government agencies;
• Search engines;
• News organizations;
• Online directory distributors may link to our platform(s) in the same manner as they hyperlink to the platforms of other listed businesses; and
• System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.

These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.

We may consider and approve other link requests from the following types of organizations:

• commonly-known consumer and/or business information sources;
• dot.com community sites;
• associations or other groups representing charities;
• online directory distributors;
• internet portals;
• accounting, law and consulting firms; and
• educational institutions and trade associations.

We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of FineRadioCO; and (d) the link is in the context of general resource information.

These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.

If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to FineRadioCO. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our platform(s), and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.

Approved organizations may hyperlink to our platform(s) as follows:

• By use of our corporate name; or
• By use of the uniform resource locator being linked to; or
• By use of any other description of our platform(s) being linked to that makes sense within the context and format of content on the linking party’s site.

No use of FineRadioCO logo or other artwork will be allowed for linking absent a trademark license agreement.

iFrames

Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our platform(s).

Content Liability

User Content” includes all information, materials and other content that is added, created, uploaded, submitted, distributed, or posted to the FineRadioCO (including to the FineRadioCO Support Community) by users.

We shall not be hold responsible for any content that appears on your platform(s). You agree to protect and defend us against all claims that is rising on your platform(s). No link(s) should appear on any platform(s) that may be interpreted as libellous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third-party rights.

Your Privacy

Please read Privacy Policy

Reservation of Rights

We reserve the right to request that you remove all links or any particular link to our platform(s). You approve to immediately remove all links to our Website upon request. We also reserve the right to amen these terms and conditions and it’s linking policy at any time. By continuously linking to our platform(s), you agree to be bound to and follow these linking terms and conditions.

Removal of links from our website

If you find any link on our platform(s) that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.

We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.

Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our platform(s) and the use of this platform(s). Nothing in this disclaimer will:

• limit or exclude our or your liability for death or personal injury;
• limit or exclude our or your liability for fraud or fraudulent misrepresentation;
• limit any of our or your liabilities in any way that is not permitted under applicable law; or
• exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.

As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

Feedback

If you provide ideas, suggestions, or other feedback in connection with your use of the FineRadioCO or any Content (“Feedback“), such Feedback is not confidential and may be used by FineRadioCO without restriction and without payment to you. Feedback is considered a type of User Content under these Terms.

Your Device.

You also grant to us the right (1) to allow the FineRadioCO to use the processor, bandwidth, and storage hardware on your Device in order to facilitate the operation of the FineRadioCO, (2) to provide advertising and other information to you, and to allow our business partners to do the same, as permitted in accordance with the FineRadioCO Privacy Policy.

Content experience

In any part of the FineRadioCO, the Content that you access, including its selection and placement, may be influenced by commercial considerations, including FineRadioCO ‘s agreements with third parties.

Some Content licensed by, provided to, created by, or otherwise made available by FineRadioCO (e.g., podcasts) may incorporate advertising, and FineRadioCO is not responsible for any such advertising.

 

Artist Submissions: Rules and Terms

1. General 
   1. This page (together with the documents referred to on it) tells you the Terms and Conditions on which you may submit a file (the “media file” “content”) to FineRadioCO (the “Website” and other digital outlets connected to it). To avoid doubt and where the context requires, the media file refers to all of the files you submit to FineRadioCO.
   2. You agree to these Terms and Conditions by submitting the media file. If you do not agree to these Terms and Conditions, please refrain from submitting a media file.
   3. FineRadioCO reserves the right to prevent access to any user who is found to be in breach of these Terms and Conditions.
   4. Changes may be made to these Terms and Conditions from time to time.
   5. These Terms and Conditions are governed in all aspects by the laws of various countries of our reach.
2. Intellectual Property in the Media File 
   1. You are the owner (or represent the interest) of this content or the licensee of all creative common property rights in the Media File.
   2. By submitting the Media File you agree to grant FineRadioCO a non-exclusive and royalty-free, sub-licensable and worldwide license to use, modify, display, perform, , communicate, playback and distribute the media file on or through the Website and other platforms extensions. FineRadioCO shall not acquire any right, title or interest to the intellectual property rights in the media, except as proved in this clause or with a contractual document to be determined.
   3. Failure to comply with clauses 4.1 and 4.2 constitutes a material (content) breach of these Terms and Conditions and may result in FineRadioCO taking all or any of the following actions:
      1. Immediate, temporary, or permanent withdrawal of any or all media files uploaded by you to the Website;
      2. Issue a warning to you;
      3. Legal proceedings against you for reimbursement of all costs on an indemnity basis (including administrative and legal costs) resulting from the breach;
      4. Further legal action against you;
      5. Disclosure of such information to third parties who claim that the Media File constitutes a violation of their intellectual property rights or their right to privacy as FineRadioCO reasonably feel is necessary; and
      6. Disclosure of such information to law enforcement agencies as FINE RADIO CO reasonably feel is necessary.
   4. Warranties 
      1. Each party represents and warrants that it has the full power and authority to agree to these Terms and Conditions, to fully perform their obligations and to grant the rights granted.
      2. You represent and warrant that:
         1. you own the intellectual property rights in the Media File submitted by you or otherwise have the right to grant the license set forth in clause 3a and that the submitting of the Media File and its use by FineRadioCO does not and will not violate the intellectual property rights of any third party;
         2. the ownership of the intellectual property rights in the Media File is not subject to any dispute, obligation or third-party interest which may prevent or restrict in any way the exploitation of the Media File as set out in clause 3a;
         3. the Media File submitted by you complies with clause 4.2; and
         4. the Media File submitted by you will not contain or originate any viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other similar malicious code designed to adversely affect the operation of any computer software or hardware.
      3. Indemnity
         1. You shall indemnify (and keep fully and effectively indemnified) and defend FineRadioCO, its associated companies, directors, officers, employees, agents, contractors and licensees from any and all claims, demands, causes of action, debt or liability, including awards of damages, costs and settlements and legal fees (“Losses”) incurred in connection with any third-party claim:
            1. arising from a breach of the representations and warranties set out in clause 3;
         2. Concerns 
            1. If you have any concerns about material which appears on the Website or these Terms and Conditions, please contact: contentpartner@fineradio.co