Terms of Service Agreement
Welcome to RadioVybe. This agreement explains the terms and conditions that apply to users ("you") of the RadioVybe Service (described below) and constitutes a legally binding agreement between you and RadioVybe (Pty) Ltd. These Terms of Service ("Terms") govern your access to and use of the services, including our various websites, APIs, email notifications, applications, buttons, and widgets, (the "Services" or “RadioVybe”), and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Services (collectively referred to as "Content"). By accepting this Agreement or using the RadioVybe Services, you acknowledge that you have read, understood, and agree to be bound by all the terms and conditions in this agreement ("Agreement"). If you do not agree with this Agreement, you must not accept this Agreement and may not use the RadioVybe Service.
1. Basic Terms
You are responsible for your use of the Services, for any Content you post to the Services, and for any consequences thereof. The Content you submit, post, or display will be able to be viewed by other users of the Services and through third party or partner services and websites. You should only provide Content that you are comfortable sharing with others under these Terms. . If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. The Services that RadioVybe provides are always evolving and the form and nature of the Services that RadioVybe provides may change from time to time without prior notice to you. In addition, RadioVybe may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.
The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising by RadioVybe on the Services are subject to change. In consideration for RadioVybe granting you access to and use of the Services, you agree that RadioVybe and its third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.
You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. RadioVybe cannot and will not be liable for any loss or damage arising from your failure to comply with the above.
4. Content on the Services
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We monitor Contents posted via posted via the Services however, we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.
We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorses any opinions expressed via the Services. Inasmuch as we have mechanism for flagging and removing abusive, offensive and deceptive Contents, we can not guarantee it. Under no circumstances will RadioVybe be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.
5. We Don't Control the Nature Of Radio
The RadioVybe Service gives you the ability to listen to broadcast radio programs over which RadioVybe exercises no editorial or programming control, and the RadioVybe Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet ("Third Party Content"). You understand that (a) RadioVybe does not guarantee the access to, recording, or viewing of any particular Third Party Content, (b) Third Party Content is not under RadioVybe's control and RadioVybe is not responsible for and does not endorse such Third Party Content, (c) radio broadcasters may change Third Party Content or schedules at any time, and (d) RadioVybe is not responsible for and has no editorial control over any Third Party Content or the distribution thereof. You agree that RadioVybe will have no liability to you or any third party with regard to any Third Party Content.
6. Radio Programming Is Copyrighted
You acknowledge and agree that Third Party Content is the copyrighted material of the third party that supplies it.
7. Your Rights
You retain your rights to any Content you submit, post or display on or through the Services. By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed). You agree that this license includes the right for RadioVybe to provide, promote, and improve the Services and to make Content submitted to or through the Services available to other companies, organizations or individuals who partner with RadioVybe for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use.
Such additional uses by RadioVybe, or other companies, organizations or individuals who partner with RadioVybe, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services.
We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and our third party partners. You understand that your Content may be syndicated, broadcast, distributed, or published by our partners and if you do not have the right to submit Content for such use, it may subject you to liability. RadioVybe will not be responsible or liable for any use of your Content by RadioVybe in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.
We do our best to keep RadioVybe safe, but we cannot guarantee it. We need your help to keep RadioVybe safe, which include flagging inappropriate Contents and adhering to the following terms of usage:
1. A user must refrain from posting unauthorized commercial communications (such as spam) on RadioVybe.
2. A user will not engage in unlawful multi-level marketing, such as a pyramid scheme, on RadioVybe.
3. A user will refrain from soliciting for login information or access an account belonging to someone else.
4. A user will not bully, intimidate, or harass any user.
5. A user will not collect users' content or information, or otherwise access RadioVybe, using automated means (such as harvesting bots, without our prior permission.
6. A user will not upload viruses or other malicious code.
7. A user will refrain from posting Content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
8. A user will not use RadioVybe to do anything unlawful, misleading, malicious, or discriminatory.
9. A user will not facilitate or encourage any violations of this Statement or our policies.
9. RadioVybe Rights
All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of RadioVybe. The Services are protected by copyright, trademark, and other laws of both the South Africa and foreign countries. Nothing in the Terms gives you a right to use the RadioVybe name or any of the RadioVybe trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding RadioVybe, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you. RadioVybe reserves the right to ban with immediate effect any user that engages in inappropriate behaviour like posting of adult and explicit contents or any behaviour we deemed inappropriate.
You understand that the operation of the RadioVybe Service, including Your Content, may be unencrypted and involve (a) transmissions over various networks; (b) changes to conform and adapt to technical requirements of connecting networks or devices and (c) transmission to RadioVybe’s third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the RadioVybe Service. Accordingly, you acknowledge that you bear sole responsibility for adequate security, protection and backup of Your Content. RadioVybe will have no liability to you for any unauthorized access or use of any of Your Content, or any corruption, deletion, destruction or loss of any of Your Content.
11. Restrictions on Content and Use of the Services
We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services, to suspend or terminate users, and to reclaim usernames without liability to you. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of RadioVybe, its users and the public. You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, RadioVybe’s computer systems, or the technical delivery systems of RadioVybe’s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by RadioVybe (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with RadioVybe (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.
12. Termination Of Service
You may terminate your account, this Agreement, and your right to use the RadioVybe Service, at any time and for any reason or no reason, by contacting RadioVybe Customer Support at firstname.lastname@example.org. Notwithstanding anything to the contrary in this Agreement, RadioVybe retains the right to immediately suspend or terminate your account if you breach any provision in this Agreement. In addition, RadioVybe reserves the right to terminate your account and this Agreement for any other reason or no reason, with or without notice to you. All of Your Content on the RadioVybe Service (if any) may be permanently deleted by RadioVybe upon any termination of your account in its sole discretion.
13. Representations and Warranties
You represent and warrant to RadioVybe that (i) you have full power and authority to enter into this Agreement; (ii) you own all Your Content or have obtained all permissions, releases, rights or licenses required to engage in your posting and other activities (and allow RadioVybe to perform its obligations) in connection with the Services without obtaining any further releases or consents; (iii) Your Content and other activities in connection with the Services, and RadioVybe’s exercise of all rights and license granted by you herein, do not and will not violate, infringe, or misappropriate any third party’s copyright, trademark, right of privacy or publicity, or other personal or proprietary right, nor does Your Content contain any matter that is defamatory, obscene, unlawful, threatening, abusive, tortuous, offensive or harassing; and (iv) you are eighteen (18) years of age or older.
You agree to indemnify and hold RadioVybe and its officers, directors, employees and licensors harmless from any claim or demand (including but not limited to reasonable legal fees) made by a third party due to or arising out of or related to your violation of the terms and conditions of this Agreement or your violation of any laws, regulations or third party rights.
15. Disclaimers and Limitations of Liability
Please read this section carefully since it limits the liability of RadioVybe and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “RadioVybe Entities”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, in such case RadioVybe’s liability will be limited to the greatest extent permitted by law.
A. The Services are Available "AS-IS"
Your access to and use of the Services or any Content are at your own risk. You understand and agree that the Services are provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE RADIOVYBE ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
The RadioVybe Entities make no warranty and disclaim all responsibility and liability for: (i) allow you to access any particular programming (ii) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (iii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iv) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (v) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the RadioVybe Entities or through the Services, will create any warranty not expressly made herein.
The Services may contain links to third-party websites or resources. You acknowledge and agree that the RadioVybe Entities are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by the RadioVybe Entities of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
C. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE RADIOVYBE ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE RADIOVYBE ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID RADIOVYBE, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.
THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE RADIOVYBE ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
16. Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of the Republic of South Africa.
17. Entire agreement
These Services are operated and provided by RadioVybe Inc., 20 Algebar Lubbe Rouge, Roodepoort Johannesburg 1724, RSA. If you have any questions about these Terms, please contact us.
Effective: May 9, 2016