Terms of Service

Welcome to RadiOn! Thank you for using the RadiOn Service and for taking the time to read this document. RadiOn ("RadiOn", "we", "us", and/or “our”) provides a radio and TV tuning service (the "RadiOn Service")

These Terms of Service govern access to and use of the RadiOn Service and any content, information, products or services therein, by all users and content providers.

This is a legal agreement between you and RadiOn.

IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR USE OR LINK YOUR CONTENT ON THE RadiOn SERVICE. IF YOU ARE ACCESSING AND USING THE RadiOn SERVICE ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND THAT COMPANY OR OTHER LEGAL ENTITY TO THESE TERMS OF SERVICE, AND ALL REFERENCES TO “YOU” IN THESE TERMS OF SERVICE APPLY TO THE COMPANY OR LEGAL ENTITY.

IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS OF SERVICE YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND RadiOn THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 12 “DISPUTE RESOLUTION FOR CONSUMERS” BELOW FOR DETAILS REGARDING ARBITRATION (INCLUDING THE PROCEDURE TO OPT OUT OF ARBITRATION).

1. General

Third-Party Links on the RadiOn Service

The websites (including the online streaming audio and/or TV stations) displayed as search results or linked to by the RadiOn Service are owned and operated by individuals and/or companies over whom RadiOn exercises no control. RadiOn assumes no responsibility for the content of any website or other resource included in any search results or otherwise linked to by the RadiOn Service. As an example, logos as well as links to radio station streams or TV stations are the copyright or trademarks of each respective radio station or TV station. If, for any reason, the owner and operator of a linked website wishes the link from the RadiOn Service to be deleted, they must contact RadiOn (mobapps@gauss.hr) and expressly request such deletion.

Personal Use Only

The RadiOn Service is made available for your personal, non-commercial use only. Use of RadiOn to sell a product or service, or to increase traffic to your website for commercial reasons, such as advertising sales is expressly forbidden. You may not take the results from a RadiOn search and reformat and display them, or mirror the RadiOn home page or results pages on your website, or send automated queries to RadiOn's system without express permission from RadiOn.

If you wish to make commercial use of the RadiOn Service you must enter into an agreement with RadiOn to do so. Please contact mobapps@gauss.hr for more information.

2. Content

Certain types of content are made available through the RadiOn Service. "RadiOn Content" as used in these Terms of Service means, collectively, the text, audio, data, graphics, images, photos and video files made available through the RadiOn Service, excluding User Submissions. "User Submissions" as used in these Terms of Service means, collectively, the text, audio, data, graphics, images, photos and other content and information which RadiOn members post, upload and otherwise submit to the RadiOn Service, including without limitation in member created profile pages. User Submissions also include the sound recordings, musical works, audiovisual content or other content embodied therein of any online streaming TV or radio station whose station is linked through the RadiOn Service. RadiOn RESERVES THE RIGHT TO REMOVE AND PERMANENTLY DELETE ANY RadiOn CONTENT OR USER SUBMISSIONS FROM THE RadiOn SERVICE WITHOUT NOTICE OR LIABILITY TO YOU.

3. Content Ownership, Responsibility and Removal.

RadiOn does not claim any ownership rights in any User Submissions and nothing in these Terms of Service will be deemed to restrict any rights that you may have to use and exploit your User Submissions. Subject to the foregoing, RadiOn and its licensors exclusively own all right, title and interest in and to the RadiOn Service and RadiOn Content, including all associated intellectual property rights. You acknowledge that the RadiOn Service and RadiOn Content are protected by copyright, trademark, and other laws of the United States and foreign countries. Please also note that product names, logos, brands, and other trademarks included in the User Submissions and featured or referred to within the RadiOn Sites and the RadiOn Service are the property of their respective trademark holders. These trademark holders are not affiliated with RadiOn or the RadiOn Service. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the RadiOn Service or RadiOn Content.

Rights in User Submissions Granted by You. By making any User Submissions available through the RadiOn Service you hereby grant to RadiOn a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works based upon, publicly display, publicly perform and distribute your User Submissions in connection with operating and providing the RadiOn Service and RadiOn Content to you and to other account holders. If you are a radio or TV station broadcasting entity whose station is linked through the RadiOn Service, in addition to the foregoing license, you hereby grant RadiOn the right to include your User Submissions in the RadiOn search directory of radio or TV stations and other online content.

License to Your Marks. If you are a radio or TV station broadcasting entity whose station is linked through the RadiOn Service, you hereby grant to RadiOn and its licensees a non-exclusive, transferable, worldwide, royalty-free and sublicensable license to use, copy, modify, resize, distribute, publicly display and publicly perform your logos and trademarks and/or service marks (collectively, the “Marks”) that you make available to RadiOn via the RadiOn Service to advertise, market and promote your radio or TV station and the availability of your station on or through the RadiOn Service or the Sites in any and all media now known or hereafter devised. Subject to the foregoing license, you otherwise retain all right, title and interest in and to your Marks, and in all intellectual property rights embodied therein.

Responsibility for User Submissions. You are solely responsible for all your User Submissions. You represent and warrant that you own all your User Submissions or you have all rights that are necessary to grant us the license rights in your User Submissions under these Terms of Service. You also represent and warrant that neither your User Submissions, nor your use and provision of your User Submissions to be made available through the RadiOn Service, nor any use of your User Submissions by RadiOn on or through the RadiOn Service will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Removal of User Submissions. You can remove your User Submissions by specifically deleting them. However, in certain instances, some of your User Submissions (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the RadiOn Service. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Submissions.

Rights in Content Granted by RadiOn. Subject to your compliance with these Terms of Service, RadiOn grants to you a limited, non-exclusive, non-transferable license, with no right to sublicense, download, view, copy, display and print the RadiOn Content solely in connection with your permitted use of the RadiOn Service and solely for your personal and non-commercial purposes.

4. Rights and Terms for RadiOn Apps.

Rights in RadiOn Apps Granted by RadiOn. Subject to your compliance with these Terms of Service, RadiOn grants to you a limited non-exclusive, non-transferable license, with no right to sublicense, to download and install a copy of the RadiOn Apps on a mobile device or computer that you own or control and to run such copy of the RadiOn Apps solely for your own personal non-commercial purposes. You may not copy the RadiOn Apps, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in these Terms of Service, you may not: (i) copy, modify or create derivative works based on the RadiOn Apps; (ii) distribute, transfer, sublicense, lease, lend or rent the RadiOn Apps to any third party; (iii) reverse engineer, decompile or disassemble the RadiOn Apps; or (iv) make the functionality of the RadiOn Apps available to multiple users through any means. RadiOn reserves all rights in and to the RadiOn Apps not expressly granted to you under these Terms of Service.

Accessing RadiOn Apps from App Store. The following terms apply to any RadiOn Apps accessed through or downloaded from any app store or distribution platform (like the Apple App Store or Google Play) where the RadiOn Apps may now or in the future be made available (each an “App Provider”). You acknowledge and agree that:

These Terms of Service are concluded between you and RadiOn, and not with the App Provider, and RadiOn (not the App Provider), is solely responsible for the RadiOn Apps.

The App Provider has no obligation to furnish any maintenance and support services with respect to the RadiOn Apps.

In the event of any failure of the RadiOn Apps to conform to any applicable warranty, you may notify the App Provider, and the App Provider will refund the purchase price for the RadiOn Apps to you (if applicable) and, to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the RadiOn Apps. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of RadiOn.

The App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the RadiOn Apps or your possession and use of the RadiOn Apps, including, but not limited to: (i) product liability claims; (ii) any claim that the RadiOn Apps fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

In the event of any third party claim that the RadiOn Apps or your possession and use of that RadiOn Apps infringes that third party’s intellectual property rights, RadiOn will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms of Service.

The App Provider, and its subsidiaries, are third-party beneficiaries of these Terms of Service as related to your license to the RadiOn Apps, and that, upon your acceptance of the Terms of Service, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service as related to your license of the RadiOn Apps against you as a third-party beneficiary thereof.

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.

You must also comply with all applicable third party terms of service when using the RadiOn Apps.

5. Feedback

We welcome feedback, comments and suggestions for improvements to the RadiOn Service (“Feedback”). You can submit Feedback by emailing RadiOn at mobapps@gauss.hr. You grant to RadiOn a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully-paid, royalty-free license, with the right to sublicense, under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.

6. Your Obligations When Using the RadiOn Service.

The RadiOn Service may be used and accessed for lawful and non-commercial purposes only. You agree to abide by all applicable local, state, national and foreign laws, treatises and regulations, including laws governing the privacy, security and trans-border transfers of PII ((including, but not limited to, compliance with the General Data Protection (EU 2016/679) (the “GDPR”)) applicable to your business and operations and in connection with your use of the RadiOn Service. Where required, you shall be responsible for collecting verifiable consent (as defined under the GDPR) related to any PII collected, used, maintained, and shared with RadiOn, and otherwise have any and all rights required to provide such data to RadiOn, and ensure that any such data was properly obtained.

In addition, without limitation, you agree that you will not do any of the following while using or accessing the Sites or RadiOn Apps:

Circumvent, disable or otherwise interfere with security related features of the RadiOn Service or features that prevent or restrict use or copying of any RadiOn Content;

Upload, post, email or otherwise transmit (i) any User Submission to which you do not have the lawful right to copy, transmit and display (including any User Submission that would violate any confidentiality or fiduciary obligations that you might have with respect to the User Submission); (ii) any User Submission for which you do not have the consent or permission of each identifiable person in the User Submission to use the name, voice, signature, photograph, or likeness of each such person (to the extent each is implicated by the User Submission) and such consent or permission is necessary; or (iii) any User Submission that infringes the intellectual property rights or violates the privacy rights of any third party (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity);

Use any meta tags or other hidden text or metadata utilizing a RadiOn name, trademark, URL or product name;

Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, "pyramid schemes" or any other form of solicitation;

Forge any TCP/IP packet header or any part of the header information in any posting or in any way use the RadiOn Service to send altered, deceptive or false source-identifying information;

Upload, post, email, or otherwise transmit, via the RadiOn Service, any User Submissions that are unlawful, obscene, harmful, threatening, harassing, defamatory or hateful or that contain objects or symbols of hate, invade the privacy of any third party, contain nudity (including without limitation any pornography, erotica, child pornography or child erotica), are deceptive, threatening, abusive, inciting of unlawful action, defamatory, libelous, vulgar or violent or constitute hate speech or are otherwise objectionable in the opinion of RadiOn;

Upload, post, email or otherwise transmit any User Submissions that include code that is hidden or otherwise surreptitiously contained within the images, audio or video of any User Submissions that is unrelated to the immediate, aesthetic nature of the User Submissions;

Interfere with or disrupt (or attempt to interfere with or disrupt) any web pages available at the RadiOn Service, servers or networks connected to the RadiOn Service or the technical delivery systems of RadiOn's providers or disobey any requirements, procedures, policies or regulations of networks connected to the RadiOn Service;

Attempt to probe, scan or test the vulnerability of any RadiOn system or network or breach or impair or circumvent any security or authentication measures protecting the RadiOn Service;

Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the RadiOn Services;

Attempt to access, search or meta-search the RadiOn Service with any engine, software, tool, agent, device or mechanism other than software and/or search agents provided by RadiOn or other generally available third party web browsers (such as Microsoft Internet Explorer, Mozilla Firefox, Safari, or Opera), including without limitation any software that sends queries to the Site to determine how a website or web page ranks.

Collect or store personal data about other RadiOn Users without their express permission;

Impersonate or misrepresent your affiliation with any person or entity, through pretexting or some other form of social engineering or otherwise commit fraud;

Use the RadiOn Service in any manner not permitted by this Agreement; or

Encourage or instruct any other individual to do any of the foregoing or to violate any term of these Terms of Service.

7. Termination; Cancellation.

We may immediately terminate or suspend your access to the RadiOn Service and remove any material (including User Submissions) from the RadiOn Service or our servers, in the event that you breach these Terms of Service. Notwithstanding the foregoing, we also reserve the right to terminate the RadiOn Service or your access thereto at any time and for any reason. After such a termination, you understand and acknowledge that we will have no further obligation to provide the RadiOn Service. Upon termination, all licenses and other rights granted to you by these Terms of Service will immediately cease. RadiOn is not liable to you or any third party for termination of the RadiOn Service or termination of your use of the RadiOn Service. UPON ANY TERMINATION OR SUSPENSION, ANY INFORMATION (INCLUDING USER SUBMISSIONS) THAT YOU HAVE SUBMITTED ON THE RadiOn SERVICE OR THAT WHICH IS RELATED TO YOUR ACCOUNT MAY NO LONGER BE ACCESSED BY YOU. Furthermore, RadiOn will have no obligation to maintain any information stored in our database related to your account or to forward any information to you or any third party.

Any suspension, termination or cancellation will not affect your obligations to RadiOn under these Terms of Service (including but not limited to ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation.

8. Modification of the RadiOn Service or Terms of Service.

RadiOn reserves the right, in its sole discretion, at any time to modify, discontinue or terminate the RadiOn Service, or modify these Terms of Service without notice. If any modified terms and conditions in the revised Terms of Service are not acceptable to you, your sole remedy is to cease using the RadiOn Service. By continuing to access or use the RadiOn Service after RadiOn makes any such modification, you agree to be bound by the revised Terms of Service.

9. Disclaimer of Warranties.

RadiOn disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed on the RadiOn Service. RadiOn disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. RadiOn disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through the RadiOn Service.

THE RadiOn SERVICE IS PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. RadiOn EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. RadiOn DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE RadiOn SERVICE. RadiOn DISCLAIMS, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE RadiOn SERVICE. RadiOn DISCLAIMS ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE RadiOn SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED BY RadiOn, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE RadiOn SERVICE.

YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE RadiOn SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIAL OR DATA.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

10. Limitation of Liability.

UNDER NO CIRCUMSTANCES SHALL RadiOn BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON THE RadiOn SERVICE ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF RadiOn HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE RadiOn SERVICE, FROM INABILITY TO USE THE RadiOn SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE RadiOn SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE RadiOn SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE RadiOn SERVICE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE RadiOn SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE RadiOn SERVICE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE RadiOn SERVICE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, RadiOn. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

IN NO EVENT WILL RadiOn’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE OR FROM THE USE OF OR INABILITY TO USE THE RadiOn SERVICE OR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO RadiOn FOR USE OF THE RadiOn SERVICE OR CONTENT OR FIFTY DOLLARS ($50), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO RadiOn, AS APPLICABLE.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Without limiting the foregoing, under no circumstances shall RadiOn be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

11. Governing Law and Forum Choice.

Any claim related to RadiOn or RadiOn Service shall be governed by the laws of Croatia without regards to its conflict of law provisions.

12. Dispute Resolution for Consumers.

The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Osijek-Baranja, Croatia without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of Croatia. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the state and federal courts located in Osijek-Baranja, Croatia, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

13. DMCA/Copyright Policy.

RadiOn respects copyright law and expects its users to do the same. It is RadiOn’s policy to terminate in appropriate circumstances account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.

14. Miscellaneous Provisions.

The English language version of these Terms of Service is the version that governs your use of the RadiOn Service and in the event of any conflict between the English language version and a translated version, the English language version will control.

These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by RadiOn.

15. Contact Information.

If you have any questions about these Terms of Service or the RadiOn Service, please contact RadiOn at mobapps@gauss.hr.