Last updated June 02, 2020
TERMS AND CONDITIONS
Last Updated 02 June 2020
AzuraRadio provides the technical means permitting the creation of web-radio by replacing the usually complex and expensive set up of hardware, software and operations needed to run a webradio station with simply and easy to use web tools.
AzuraRadio reserves it’s right to add, change, remove, suspend or discontinue any element/aspect of the Website and/or the Services at any time at its sole discretion without notice. Moreover, AzuraRadio may impose limits and/or restrict access to parts of or all of the Properties without notice and without liability to you or any third party.
Registration & Fees:
You will be asked to make a registration and create an account in case you want to become a “station owner”(see ” Webcasting Agreement”).
If you create a user account, you agree to accept responsibility for all activities that occur under your account or password, if any, and agree you will not sell, transfer or assign your user account. You are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer so that others may not access any password-protected portion of the Website or other Properties using your name, username or password in whole or in part.
User conduct and content
You must comply with the standing legislation (national, European and international) and not unlawfully or abusively use the Website/Services/Properties and their content. You are liable for any damage you cause to AzuraRadio from the unlawful or abusive use of the Properties and their contents. In such case AzuraRadio is entitled to terminate the violation, prohibit its continuation and claim damages.
AzuraRadio reserves the right to remove or delete any /user’s content and to prohibit the use of the website for any reason. AzuraRadio reserves the right to terminate any user’s account and/or delete, move or edit any of your uploaded information-content, in whole or in part, and/or take such other action as AzuraRadio.com sees fit in relation to any user, for any reason, especially in case of a breach of AzuraRadio’s acceptable use policy or any of the other terms set forth herein, and /or proceed thereafter with court actions if necessary.
You agree that you are responsible for the content (e.g. comments, messages, etc.) that you post, submit and transmit within AzuraRadio blog or any other area permitting users to post comments. When you are uploading or otherwise make available such content within AzuraRadio blog, you guarantee that you have the right to make available such content, that you do not violate rights of third persons (intellectual property, right of personality, penal law, commercial law, consumers law, etc), that you have all the necessary licenses for the respective use, that you release AzuraRadio from any royalties or other kind of claims. You acknowledge that the sole responsible for such content is the person from whom it originates.
AzuraRadio is not obliged to and does not control the content. AzuraRadio is not liable for any mistakes, omissions or unlawful, unethical, offensive, threatening, inaccurate, unsecured, inappropriate to adults and/or to children etc content made available through its Services from the users.
Furthermore, AzuraRadio is not liable for any loss or damage incurred to the users of the website by accessing or using the content uploaded by other users on its platform. The sole responsible is the person from whom the content originates.
You agree and guarantee that you will not post, submit, transmit or otherwise make available any user’s content that:
You are not allowed to collect or store personal data/information of other users.
AzuraRadio is not liable for the deletion or failure to store Content, communications or personal settings and does not guarantee that the function of its services will be uninterrupted and without errors or viruses’ function of its services or that the deficiencies of the system will be corrected.
By uploading content you grant AzuraRadio (and its affiliates, sublicensees, partners, designees, and assignees) a non-exclusive, royalty-free, perpetual, sublicensable, transferable, worldwide license to use, reproduce, distribute, communicate to the public, modify, adapt, and otherwise exploit your content and derivatives thereof. You hereby acknowledge that any act effectuated by AzuraRadio is not to be considered as infringement of your moral rights but as a lawful exercise of these rights (waiver of moral rights).
You agree to indemnify and hold harmless AzuraRadio from any claims, damages/injury and costs, including attorney’s fees arising out of the Content you, the breach of these Terms, any violation of any rights of third parties.
You hereby release and discharge AzuraRadio from any actions, suits, liability, claims and demands that you have or will have arising from the use of the website and its Services. You acknowledge that AzuraRadio is not liable for any loss or damage incurred from actions of the users, for example direct or indirect, coincidental, secondary, civil or penal.
Links to Other Websites
In case users link to other websites -without prejudice to AzuraRadio’s rights- AzuraRadio disclaims any liability whatsoever. Since AzuraRadio does not control these websites, you agree that AzuraRadio is not responsible for their content, accuracy or legality. AzuraRadio is not associated and does not endorse/support or approves the content of these links. AzuraRadio is only providing these links to you as a convenience. You understand that by accessing third party websites you do it at your own risk and that AzuraRadio is not liable for any damage caused to you from accessing such websites. AzuraRadio accepts no responsibility for the content and/or conduct of other websites.
Intellectual Property Ownership- Restrictions on the use related to IPRs.
AzuraRadio respects intellectual property. We aim to respond any claim that the content and/or Content posted or uploaded infringes intellectual Property rights of ay person. In order to be able to respond to your claims, please contact us by mail at the address or by e-mail at firstname.lastname@example.org In your notice you are asked to include a detailed description of the alleged infringement in a way that AzuraRadio will be in position to identify material. Your notice should be properly signed, and your contact details should be included. Please, bear in mind that you may be asked to pay damages (including costs and attorney’s fees) if you have intentionally mislead AzuraRadio.
AzuraRadio.com reserves the right to restrict, suspend, deny or terminate access to all or part of the Website or any Service and to deny access to any person in its sole discretion without notice or liability of any kind.
AzuraRadio reserves the right to refuse service to anyone for any reason at any time.
AzuraRadio may transfer its rights without any third party’s consent.
The content provided by the users cannot be considered as advice, encouragement, suggestion, instruction or guidance to the users to act or to omit. It is at the discretion of the users to act at their own will discharging AzuraRadio from being liable, as defined above.
You are not allowed to post or upload advertisement content or act in an unfair way to the interests of AzuraRadio.
AzuraCast and Simulcaster Agreement
AzuraRadio GB, 4 Collage Avenue, Belfast e-mail: email@example.com (“AzuraRadio” or “we”, “our” or “us”) owns or controls, and provides access to the AzuraRadio.com website, at the url www. AzuraRadio.com and all subdomains under the AzuraRadio.com domain and related properties (the “Website”), any AzuraRadio.com client software, the AzuraRadio.com widgets, the AzuraRadio.com API and all proprietary services, software, data and materials accessed via the Website (the “Services” or “Properties”).
AzuraRadio provides the technical means permitting you -a AzuraCast, hereinafter referred to as “you” or “AzuraCast” or “station owner”- to easily become a AzuraCast, by replacing the usually complex and expensive set up of hardware, software and operations needed to run a webradio station with simple and easy to use web tools. By using AzuraRadio’s technical means you can create your own Webradios and stream via your site or third-party site or any other platform or any other means your programs including musical and other audio content produced by you.
Bear in mind that in order to access the above-mentioned services of AzuraRadio you need to REGISTER and create your OWN ACCOUNT.
Please, also, take into consideration that making a registration and creating your own user account does not necessarily mean that you will be asked to pay any fees.
The services provided by AzuraRadio are available to any person with legal capacity/capacity to exercise legal rights.
Fees & Payment
Fees (price list):
AzuraRadio charges a fixed monthly fee to the station owners for the use of its Services and the dissemination of the audio programs they produce. The fees corresponding to the use of this services are indicated on the price list of our website. Such fees must be prepaid every month. VAT may be added to the fees mentioned in the price list, pending on your location.
In case you exceed the plan allowances, as indicated in the price list, during a monthly billing period, any additional use of resources by you, will be charged extra for that month as indicated in the price list, using the same method entered in the subscription plan.
AzuraRadio is entitled to terminate the agreement if the AzuraCast does not pay the relevant costs/fees and/or any extra costs (including taxes, such as VAT) by the end of the billing period.
AzuraRadio reserves the right to change the price list and charge differently for its Services. In such event the new prices will be posted on the price list. These changes will not affect the user who has already paid fees for a specific period. In this case the new fees will apply at the moment of the renewal of the subscription by the user.
After the expiration of the prepaid period, this Agreement will be automatically renewed for the same period that you selected when registering.
The fee (as chosen from the price list) must be paid via credit card or debit card or online banking or prepaid card. You may only order subscriptions if you are considered capable of entering into an enforceable contract in the applicable jurisdiction. You agree to pay in full the prices for any purchases you make either by credit/debit card concurrent with your online order or by other payment means acceptable to AzuraRadio.com. If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us.
Any Additional credit or debit charges that may incur due to the transaction will be paid by you and not by AzuraRadio.
In order to secure the payments through your credit cards, AzuraRadio collaborates with certified payment service providers operating according to the provisions of the relevant legislation.
In order for the payment of the monthly subscription to be accomplished, you are directed to a secure page of the collaborating payment service provider which is linked to AzuraRadio’s website. There you:
AzuraRadio does not store the data inserted by you in relation to the number of the card or the card security code verifying the authenticity of the card (for example CVV/VISA or CVC/MC). The service provider collaborating with AzuraRadio controls the data inserted and informs electronically AzuraRadio, for the approval or the rejection of the transaction.
All initial charges are due on the date of registration and all fees of every renewal shall be due and paid on the same day (as the day of the registration) every next month.
In case a transaction is rejected, irrespectively of the reason of the rejection (which could be for example default on overdraft, failure of the system of the payment service provider or of the Bank issuing the card) you must ensure the payment, otherwise AzuraRadio is entitled to stop providing its services to you.
AzuraRadio is under no circumstances liable in case the payment service provider fails to inform AzuraRadio on the successful accomplishment of the payment of the monthly subscription or due to reasons related to the Internet Service Provider. In any case if AzuraRadio is not informed on the approval of the payment for reasons which are not due to AzuraRadio, but the transaction is charged to your card, then AzuraRadio will assume that you have cancelled the procedure of the payment of the monthly subscription.
If for any reason you dispute the transactions related to AzuraRadio services, you must notify AzuraRadio within 10 days. In this event AzuraRadio is entitled to seek all necessary information from the payment service provider in order to ensure that a charge is normally completed in accordance with the rules governing electronic card payments.
Invoices will be sent to the e-mail that you have indicated at the registration process. For that reason, please make sure that you have registered your current e-mail.
Cancellation of the Account:
If upon expiration of the prepaid period, you don’t want to continue using AzuraRadio’s Services, you have to cancel your account, otherwise the subscription will be automatically renewed. Please make sure that you have cancelled your account before the billing date, if you want to avoid to be charged for the renewal period.
If the fees are not paid on time, AzuraRadio reserves the right to terminate your account.
Within 14 calendar days from the date of the first transaction/payment, you have the right to withdraw from the use of AzuraRadio’s Services. In this case, AzuraRadio will return to you the amount prepaid in relation to the remaining days of the prepaid period, within thirty (30) calendar days from the date of exercising the right of withdrawal.
Permitted acts and restrictions:
AzuraRadio gives you the opportunity to produce your own webradio programs by providing you the related technical means. AzuraRadio does not communicate to the public the content and/or proceed with any act which could be considered as communication to the public or broadcasting or public performance. AzuraRadio only provides you with the technical means for the creation of your Webradios.
While transmitting your programs through AzuraRadio you must respect the following requirements/rules, in addition to all other legal requirements and rules including those identified in other paragraphs of the
If you do not respect the aforementioned conditions, AzuraRadio is entitled to stop the transmission of the programs, according to the terms mentioned in the present agreement.
By entering this Agreement, it is understood that in order for AzuraRadio to provide its services to you it has to proceed with certain acts related to your content. These acts are of purely technical nature and they are not to be consider as an exploitation of the content. You grant permission, to proceed with such acts.
You acknowledge that this agreement may be assigned by AzuraRadio for any reason without notice to you or your consent, to any third person or entity. In such case AzuraRadio’s successors or assigns may terminate this agreement by giving immediate written notice to you. Notwithstanding such termination all warranties, indemnities and representations set forth herein (as regards all users) remain in full force and effect. You hereby acknowledge that any act effectuated by AzuraRadio is not to be considered as infringement of your moral rights but as a lawful exercise of these rights (waiver of moral rights).
you have full right and power to enter into and perform the present agreement
you are of the age of majority and have the full and complete right to agree to the terms contained herein
you will abide to all the obligations and rules of section 3 above, as well as of any other section of the present agreement.
You acknowledge that AzuraRadio has the right to suspend access to streaming that derives from unauthorized or illegal content. The said suspension will be effectuated five days from the receipt of the relevant request from the rightholder, his collecting society etc.
AzuraRadio reserves its right to terminate at any time your use of its Services/Properties/Website even by closing down your web radio, in case of any breach of the present agreement which may impose liability upon AzuraRadio (for example if you transmit unauthorized or illegal content). In case AzuraRadio is informed by any rightholder (e.g. any Collecting Society) of any infringement, the said suspension will be effectuated five (5) days from the receipt of the relevant request from the third party (“notice and take down”) AzuraRadio has no responsibility/liability whatsoever.
Intellectual Property Ownership- Software:
The past, present and future content of the Properties, including without limitation, copyright works and all intellectual property rights such as software, logos, trademarks domain names, designs, graphics, pictures, photos, texts, newsletters, etc and any and all copyright material and all other intellectual property right and/or materials related to the Properties (collectively “Content”) are the sole property of AzuraRadio. No rights in or to the Content and/or to the Properties are granted to you. All programs produced by the AzuraCasts of the Website are deemed part of the “Content”.
By entering this Webcasting Agreement, you further acknowledge that AzuraRadio has the right to assign the present Agreement without notice to you. This assignment includes the right to permit to other entities to further transmit the AzuraCast’s programs.
AzuraRadio reserves the right to terminate this Agreement at any time, without prior notice and without liability. It is however certain that AzuraRadio will prohibit you from using its services if: a) you infringe intellectual property of third parties or violate any applicable law, b) you do not abide to the rules-obligations, set forth in this Agreement and if you breach this Agreement in any way.
AzuraRadio has the right to suspend access to streaming that derives from unauthorized or illegal content. AzuraRadio reserves its right to terminate at any time your use of its Services/Properties/Website even by closing down your web radio, in case of any breach of the present agreement which may impose liability upon AzuraRadio. In case AzuraRadio is informed by any rightholder (e.g. any Collecting Society) of any infringement, the said suspension will be effectuated five (5) days from the receipt of the relevant request from the third party (“notice and take down”). AzuraRadio has no responsibility/liability whatsoever.
The Properties, including, without limitation, all Content, Software, and functions made available on or accessed through or sent from the website, are provided “AS IS,” “as available, ” and “with all faults”. AzuraRadio.com and its parents, subsidiaries and affiliates make no representation or warranties or endorsements of any kind whatsoever (express or implied) about: (a) the Properties; (b) the Content and Software on and provided through the Properties; (c) the functions made accessible on or accessed through the Properties; (d) the content and information sent from or through the properties by users; (e) any products or services offered via the website or hypertext links to third parties; and/or (f) the treatment of any information, content, material or data transmitted by users to the Properties; (g) security associated with the transmission of information through the properties or any linked site. AzuraRadio is trying to build the best service for its users, however, it cannot guarantee the uninterrupted or error-free function of the Website or that the defects will be corrected or that it will be free of viruses. Therefore AzuraRadio.com does not warrant that the Properties, any of the Properties’ functions or any Content contained therein will be uninterrupted or error-free; that defects will be corrected; or that the Properties or the servers that make them available are free of viruses or other harmful components.
Under no circumstances shall AzuraRadio.com, its parent, subsidiaries, or affiliates or the directors, officers, employees, or other representatives of each of them, be liable to you for any loss or damages of any kind, including, without limitation, for any special, direct, indirect, incidental, exemplary, economic, punitive, or consequential damages that are directly or indirectly related to (a) the Properties, the Content, or your upload information; (b) the use of, inability to use, or performance of the properties or any of the Content or features thereon; (c) any action taken in connection with an investigation by AzuraRadio.com or law enforcement authorities regarding your use of the Properties or Content; (d) any action taken in connection with copyright owners; (e) any errors or omissions in the Properties’ technical operation, (including, without limitation, whether caused in whole or in part by negligence, acts of god, telecommunications failure, or theft or destruction of the Properties).
AzuraRadio.com is not responsible for any damage to any user’s computer, hardware, computer software, or other equipment or technology including, without limitation, damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction.
Your access to and use the Properties is at your own risk. If you are dissatisfied with the Properties or any of the Content, your sole and exclusive remedy is to discontinue accessing and using the Properties or the Content.
You recognise and confirm that in the event you incur any damages, losses or injuries that arise out of AzuraRadio.com’s acts or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing any exploitation of any web site, property, product, program, or other audio content owned or controlled by AzuraRadio.com and/or its parents, subsidiaries, and/or affiliates or your upload information, and you will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of any AzuraRadio.com web site, services, properties, product, program, music, or other audio or other content or your upload information or any and all activities or actions related thereto.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF AzuraRadio EXCEED THE AMOUNT YOU HAVE PAID WITHIN THE LAST 3 MONTHS.
AzuraRadio disclaims any liability in the event that the AzuraCasts a) have not acquired the necessary licenses. from the collecting societies or rightholders, in order to be able to lawfully transmit their programs (as indicated under paragraph 2 d) and b) transmit works protected by Copyright such as books, poems etc, thus, works other than the musical works/recordings for which they have acquired licenses.
Data Processing on behalf of AzuraCast
AzuraRadio collects and stores information of listeners (the “Listeners”) of the AzuraCast’s web radio and/or associated and/or affiliated broadcasting websites and apps selected/used by the AzuraCast, via AzuraRadio’s embedded services. Such data is collected via the above- mentioned websites and is processed by AzuraRadio on behalf of the AzuraCast, who is responsible for acquiring all relevant lawful consents for the collection and processing of such data and for complying with all obligations of Data Controllers set out in the GDPR and all further applicable Data Protection Legislation. AzuraRadio only collects the following “listeners’” data:
This data is only processed by AzuraRadio on behalf of the AzuraCast in order to provide the Azuracast with metrics and further statistical info concerning the usage of his webradio. All such data provided to the AzuraCast are completely anonymous and the Azuracast is not provided any IP address of listeners or any similar data which may lead to the identification of an individual listener.
TERMS AND CONDITIONS
1.1 These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (you), and Azura Radio Management, located at 4 Collage Avenue, Belfast, BT1 6BD United Kingdom (we, us), concerning your access to and use of the Azura Radio Management (https://azuraradio.com/) website as well as any related applications (the Site).
The Site provides the following services: Online Radio Hosting, included websites (Services). You agree that by accessing the Site and/or Services, you have read, understood, and agree to be bound by all of these Terms and Conditions.
If you do not agree with all of these Terms and Conditions, then you are prohibited from using the Site and Services and you must discontinue use immediately. We recommend that you print a copy of these Terms and Conditions for future reference.
1.2 The supplemental policies set out in Section 1.7 below, as well as any supplemental terms and condition or documents that may be posted on the Site from time to time, are expressly incorporated by reference.
1.3 We may make changes to these Terms and Conditions at any time. The updated version of these Terms and Conditions will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is accessible. You are responsible for reviewing these Terms and Conditions to stay informed of updates. Your continued use of the Site represents that you have accepted such changes.
1.4 We may update or change the Site from time to time to reflect changes to our products, our users’ needs and/or our business priorities.
1.5 Our site is directed to people residing in United Kingdom. The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.
1.6 The Site is intended for users who are at least 18 years old. If you are under the age of 18, you are not permitted to register for the Site or use the Services without parental permission.
1.7 Additional policies which also apply to your use of the Site include:
2.1 Our full Acceptable Use Policy https://azuraradio.com/privacy-policy/, sets out all the permitted uses and prohibited uses of this site.
2.2 You may not access or use the Site for any purpose other than that for which we make the site and our services available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
2.3 As a user of this Site, you agree not to:
3.1 You represent and warrant that: (a) all registration information you submit will be true, accurate, current, and complete and relate to you and not a third party; (b) you will maintain the accuracy of such information and promptly update such information as necessary; (c) you will keep your password confidential and will be responsible for all use of your password and account; (d) you have the legal capacity and you agree to comply with these Terms and Conditions; and (e) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site.
If you know or suspect that anyone other than you knows your user information (such as an identification code or user name) and/or password you must promptly notify us at firstname.lastname@example.org.
3.2 If you provide any information that is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account. We may remove or change a user name you select if we determine that such user name is inappropriate.
4.1 There may be opportunities for you to post content to the Site or send feedback to us (User Content). You understand and agree that your User Content may be viewed by other users on the Site, and that they may be able to see who has posted that User Content.
4.2 You further agree that we can use your User Content for any other purposes whatsoever in perpetuity without payment to you, and combine your User Content with other content for use within the Site and otherwise. We do not have to attribute your User Content to you. When you upload or post content to our site, you grant us the following rights to use that content:
4.3 In posting User Content, including reviews or making contact with other users of the Site you shall comply with our Acceptable Use Policy https://azuraradio.com/privacy-policy/.
4.4 You warrant that any User Content does comply with our Acceptable Use Policy, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of this warranty.
4.5 We have the right to remove any User Content you put on the Site if, in our opinion, such User Content does not comply with the Acceptable Use Policy.
4.6 We are not responsible and accept no liability for any User Content including any such content that contains incorrect information or is defamatory or loss of User Content. We accept no obligation to screen, edit or monitor any User Content but we reserve the right to remove, screen and/or edit any User Content without notice and at any time. User Content has not been verified or approved by us and the views expressed by other users on the Site do not represent our views or values
4.7 If you wish to complain about User Content uploaded by other users please contact us at email@example.com or use the take down or report button.
5.1 Unless otherwise indicated, the Site and Services including source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (Our Content) are owned or licensed to us, and are protected by copyright and trade mark laws.
5.2 Except as expressly provided in these Terms and Conditions, no part of the Site, Services or Our Content may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
5.3 Provided that you are eligible to use the Site, you are granted a limited licence to access and use the Site and Our Content and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use.
5.4 You shall not (a) try to gain unauthorised access to the Site or any networks, servers or computer systems connected to the Site; and/or (b) make for any purpose including error correction, any modifications, adaptions, additions or enhancements to the Site or Our Content, including the modification of the paper or digital copies you may have downloaded.
5.5 We shall (a) prepare the Site and Our Content with reasonable skill and care; and (b) use industry standard virus detection software to try to block the uploading of content to the Site that contains viruses.
5.6 The content on the Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from taking, any action on the basis of the content on the Site.
5.7 Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that Our Content on the Site is accurate, complete or up to date.
6.1 We reserve the right at our sole discretion, to (1) monitor the Site for breaches of these Terms and Conditions; (2) take appropriate legal action against anyone in breach of applicable laws or these Terms and Conditions; (3) refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any of your Contributions; (4) remove from the Site or otherwise disable all files and content that are excessive in size or are in any way a burden to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and Services.
6.2 We do not guarantee that the Site will be secure or free from bugs or viruses.
6.3 You are responsible for configuring your information technology, computer programs and platform to access the Site and you should use your own virus protection software.
7.1 We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. We also reserve the right to modify or discontinue all or part of the Services without notice at any time.
7.2 We cannot guarantee the Site and Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site or Services during any downtime or discontinuance of the Site or Services.We are not obliged to maintain and support the Site or Services or to supply any corrections, updates, or releases.
7.3 There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Services, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information at any time, without prior notice.
8.1 The Site and Services are provided on an as-is and as-available basis. You agree that your use of the Site and/or Services will be at your sole risk except as expressly set out in these Terms and Conditions. All warranties, terms, conditions and undertakings, express or implied (including by statute, custom or usage, a course of dealing, or common law) in connection with the Site and Services and your use thereof including, without limitation, the implied warranties of satisfactory quality, fitness for a particular purpose and non-infringement are excluded to the fullest extent permitted by applicable law.
We make no warranties or representations about the accuracy or completeness of the Site’s content and are not liable for any (1) errors or omissions in content: (2) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored on our server; (3) any interruption or cessation of transmission to or from the site or services; and/or (4) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the site by any third party. We will not be responsible for any delay or failure to comply with our obligations under these Terms and Conditions if such delay or failure is caused by an event beyond our reasonable control.
8.2 Our responsibility for loss or damage suffered by you:
Whether you are a consumer or a business user:
Notwithstanding anything to the contrary contained in the Disclaimer/Limitation of Liability section, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to a total aggregate amount equal to the greater of (a) the sum of £5000 or (b) the amount paid, if any, by you to us for the Services/Site during the six (6) month period prior to any cause of action arising. Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be set out in our Terms and conditions of supply.
If you are a business user:
We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
– use of, or inability to use, our Site/Services; or
– use of or reliance on any content displayed on our Site.
– In particular, we will not be liable for:
– loss of profits, sales, business, or revenue;
– business interruption;
– loss of anticipated savings;
– loss of business opportunity, goodwill or reputation; or
– any indirect or consequential loss or damage.
If you are a consumer user:
9.1 These Terms and Conditions shall remain in full force and effect while you use the Site or Services or are otherwise a user of the Site, as applicable. You may terminate your use or participation at any time, for any reason, by following the instructions for terminating user accounts in your account settings, if available, or by contacting us at firstname.lastname@example.org.
9.2 Without limiting any other provision of these Terms and Conditions, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Site and the Services (including blocking certain IP addresses), to any person for any reason including without limitation for breach of any representation, warranty or covenant contained in these Terms and Conditions or of any applicable law or regulation.
If we determine, in our sole discretion, that your use of the Site/Services is in breach of these Terms and Conditions or of any applicable law or regulation, we may terminate your use or participation in the Site and the Services or delete your profile and any content or information that you posted at any time, without warning, in our sole discretion.
9.3 If we terminate or suspend your account for any reason set out in this Section 9, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
9.4 AzuraRadio reserves the right to restrict, suspend, deny or terminate access to all or part of the Website or any Service and to deny access to any person in its sole discretion without notice or liability of any kind.
AzuraRadio reserves the right to refuse service to anyone for any reason at any time.
10.1 If you access the Services via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this license.
10.2 For business users only – You will not:
(a) reverse engineer, decompile or otherwise try to discover the source code of the software/application unless you have first written to us requesting interoperability information and we have failed to provide you with that information or if we have failed to offer to provide you with interoperability information on reasonable conditions”;
(b) make any modification, adaptation, improvement, enhancement, translation or derivative work from the application;
(c) breach any applicable laws, rules or regulations in connection with your access or use of the application;
(d) remove, alter or obscure any proprietary notice (including any notice of copyright or trade mark) posted by us or the licensors of the application;
(e) use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended;
(f) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time;
(g) use the application for creating a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for the application;
(h) use the application to send automated queries to any website or to send any unsolicited commercial e-mail; or
(i) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for use with the application.
10.3 The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an App Distributor) to access the Services:
(a) The licence granted to you for our mobile application is limited to a non-transferable licence to use the application on a device that utilizes the Apple iOS or Android operating system, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor terms of service;
(b) We are responsible for providing any maintenance and support services with respect to the mobile application as specified in these Terms and Conditions or as otherwise required under applicable law. You acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application;
(c) In the event of any failure of the mobile application to conform to any applicable warranty, you may notify an App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, an App Distributor will have no other warranty obligation whatsoever with respect to the mobile application;
(d) You represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. government list of prohibited or restricted parties;
(e) You must comply with applicable third party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in breach of their wireless data service agreement when using the mobile application; and
(f) You acknowledge and agree that the App Distributors are third party beneficiaries of these Terms and Conditions, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce these Terms and Conditions against you as a third party beneficiary thereof.
11.1 Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.
You hereby agree to the use of electronic signatures, contracts, orders and other records and to electronic delivery of notices, policies and records of transactions initiated or completed by us or via the Site. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.
11.2 These Terms and Conditions and any policies or operating rules posted by us on the Site or in respect to the Services constitute the entire agreement and understanding between you and us.
11.3 Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.
11.4 We may assign any or all of our rights and obligations to others at any time.
11.5 We shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond our reasonable control.
11.6 If any provision or part of a provision of these Terms and Conditions is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.
11.7 There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms and Conditions or use of the Site or Services.
11.8 For consumers only – Please note that these Terms and Conditions, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction expect that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland. If you have any complaint or wish to raise a dispute under these Terms and Conditions or otherwise in relation to the Site please follow this link http://ec.europa.eu/odr
11.9 For business users only – If you are a business user, these Terms and Conditions, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English Law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
11.10 Except as stated under the Mobile Application section, a person who is not a party to these Terms and Conditions shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions.
11.11 In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us by email at email@example.com or by post to:
Azura Radio Management
4 Collage Avenue
Belfast, BT1 6BD
Last Updated 02 June 2020
Thank you for choosing to be part of our community at Azura Radio Managemet (“Company”, “we”, “us”, or “our”). We are committed to protecting your personal information and your right to privacy. If you have any questions or concerns about our policy, or our practices with regards to your personal information, please contact us at office.azuraradio.com.
TABLE OF CONTENTS:
1. WHAT INFORMATION DO WE COLLECT?
In Short: We collect personal information that you provide to us.
We collect personal information that you voluntarily provide to us when registering at the Services expressing an interest in obtaining information about us or our products and services, when participating in activities on the Services or otherwise contacting us.
The personal information that we collect depends on the context of your interactions with us and the Services, the choices you make and the products and features you use. The personal information we collect can include the following:
Publicly Available Personal Information. We collect first name, maiden name, last name, and nickname; current and former address; phone numbers; email addresses; business email; business phone number; social media; and other similar data.
Personal Information Provided by You. We collect purchase history; financial information (credit card number, purchase history, invoices); passwords; and other similar data.
All personal information that you provide to us must be true, complete and accurate, and you must notify us of any changes to such personal information.
Information automatically collected
In Short: Some information — such as IP address and/or browser and device characteristics — is collected automatically when you visit our Services.
We automatically collect certain information when you visit, use or navigate the Services. This information does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our Services and other technical information. This information is primarily needed to maintain the security and operation of our Services, and for our internal analytics and reporting purposes.
Like many businesses, we also collect information through cookies and similar technologies.
Online Identifiers. We collect devices; applications; tools and protocols, such as IP (Internet Protocol) addresses; cookie identifiers, or others such as the ones used for analytics and marketing; device’s geolocation; and other similar data.
2. HOW DO WE USE YOUR INFORMATION?
In Short: We process your information for purposes based on legitimate business interests, the fulfillment of our contract with you, compliance with our legal obligations, and/or your consent.
We use personal information collected via our Services for a variety of business purposes described below. We process your personal information for these purposes in reliance on our legitimate business interests, in order to enter into or perform a contract with you, with your consent, and/or for compliance with our legal obligations. We indicate the specific processing grounds we rely on next to each purpose listed below.
We use the information we collect or receive:
In Short: We only share information with your consent, to comply with laws, to provide you with services, to protect your rights, or to fulfill business obligations.
More specifically, we may need to process your data or share your personal information in the following situations:
5. DO WE USE GOOGLE MAPS?
In Short: Yes, we use Google Maps for the purpose of providing better service.
By using our Maps API Implementation, you agree to be bound by Google’s Terms of Service.
6. HOW LONG DO WE KEEP YOUR INFORMATION?
When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
7. HOW DO WE KEEP YOUR INFORMATION SAFE?
In Short: We aim to protect your personal information through a system of organizational and technical security measures.
We have implemented appropriate technical and organizational security measures designed to protect the security of any personal information we process. However, please also remember that we cannot guarantee that the internet itself is 100% secure. Although we will do our best to protect your personal information, transmission of personal information to and from our Services is at your own risk. You should only access the services within a secure environment.
8. DO WE COLLECT INFORMATION FROM MINORS?
In Short: We do not knowingly collect data from or market to children under 18 years of age.
We do not knowingly solicit data from or market to children under 18 years of age. By using the Services, you represent that you are at least 18 or that you are the parent or guardian of such a minor and consent to such minor dependent’s use of the Services. If we learn that personal information from users less than 18 years of age has been collected, we will deactivate the account and take reasonable measures to promptly delete such data from our records. If you become aware of any data we have collected from children under age 18, please contact us at firstname.lastname@example.org.
9. WHAT ARE YOUR PRIVACY RIGHTS?
In Short: In some regions, such as the European Economic Area, you have rights that allow you greater access to and control over your personal information. You may review, change, or terminate your account at any time.
In some regions (like the European Economic Area), you have certain rights under applicable data protection laws. These may include the right (i) to request access and obtain a copy of your personal information, (ii) to request rectification or erasure; (iii) to restrict the processing of your personal information; and (iv) if applicable, to data portability. In certain circumstances, you may also have the right to object to the processing of your personal information. To make such a request, please use the contact details provided below. We will consider and act upon any request in accordance with applicable data protection laws.
If we are relying on your consent to process your personal information, you have the right to withdraw your consent at any time. Please note however that this will not affect the lawfulness of the processing before its withdrawal.
If you are resident in the European Economic Area and you believe we are unlawfully processing your personal information, you also have the right to complain to your local data protection supervisory authority. You can find their contact details here: http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.
If you have questions or comments about your privacy rights, you may email us at email@example.com.
If you would at any time like to review or change the information in your account or terminate your account, you can:
■ Log into your account settings and update your user account.
■ Contact us using the contact information provided.
Cookies and similar technologies: Most Web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or services of our Services. To opt-out of interest-based advertising by advertisers on our Services visit http://www.aboutads.info/choices/.
Opting out of email marketing: You can unsubscribe from our marketing email list at any time by clicking on the unsubscribe link in the emails that we send or by contacting us using the details provided below. You will then be removed from the marketing email list – however, we will still need to send you service-related emails that are necessary for the administration and use of your account. To otherwise opt-out, you may:
■ Note your preferences when you register an account with the site.
■ Access your account settings and update preferences.
■ Contact us using the contact information provided.
10. DATA BREACH
A privacy breach occurs when there is unauthorized access to or collection, use, disclosure or disposal of personal information. You will be notified about data breaches when Azura Radio Managemet believes you are likely to be at risk or serious harm. For example, a data breach may be likely to result in serious financial harm or harm to your mental or physical well-being. In the event that Azura Radio Managemet becomes aware of a security breach which has resulted or may result in unauthorized access, use or disclosure of personal information Azura Radio Managemet will promptly investigate the matter and notify the applicable Supervisory Authority not later than 72 hours after having become aware of it, unless the personal data breach is unlikely to result in a risk to the rights and freedoms of natural persons.
11. CONTROLS FOR DO-NOT-TRACK FEATURES
12. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?
In Short: Yes, if you are a resident of California, you are granted specific rights regarding access to your personal information.
California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.
If you are under 18 years of age, reside in California, and have a registered account with the Services, you have the right to request removal of unwanted data that you publicly post on the Services. To request removal of such data, please contact us using the contact information provided below, and include the email address associated with your account and a statement that you reside in California. We will make sure the data is not publicly displayed on the Services, but please be aware that the data may not be completely or comprehensively removed from our systems.
13. DO WE MAKE UPDATES TO THIS POLICY?
In Short: Yes, we will update this policy as necessary to stay compliant with relevant laws.
14. HOW CAN YOU CONTACT US ABOUT THIS POLICY?
If you have questions or comments about this policy, you may email us at firstname.lastname@example.org or by post to:
HOW CAN YOU REVIEW, UPDATE, OR DELETE THE DATA WE COLLECT FROM YOU?