Audials, ("Audials", "we", "us", and/or “our”) provides a radio streaming service (the "Audials Service") through the website audials.us as well as other websites owned or operated by Audials (the "Sites") and through our mobile applications such as Audials for Android (collectively, "Audials Apps"). Your use of the Audials Service provided through or in connection with the Sites and Audials Apps and your viewing of the content available at the Sites and Audials Apps, is subject to these Terms of Service and the current Audials Privacy Policy published at https://audials.us/privacy-policy/.
By agreeing to these Terms of Service, you consent to Audials’s collection, use and disclosure of your data, including your personally identifiable information (“PII”), with respect to your use of the Audials Service (as described in our Privacy Policy). These Terms of Service govern access to and use of the Audials Service and any content, information, products or services therein, by all users and content providers. This is a legal agreement between you and Audials. Using the Audials services and by submitting the information on the information page of Audials as also stated in the policy, the user hereby acknowledges that he/she has read, understood and agrees to be bound by this Agreement. This Agreement is a legal agreement between the user and Audials and all the terms stated hereunder apply to the user, whether the user is a registered user, a visitor visiting the site of Audials. If the user does not agree with this Agreement, the user is advised not to accept this agreement and not to use the Audials Service in any manner.
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 Audials THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 13 “DISPUTE RESOLUTION FOR CONSUMERS” BELOW FOR DETAILS REGARDING ARBITRATION (INCLUDING THE PROCEDURE TO OPT OUT OF ARBITRATION).
Audials has provided the policy for the user of its application at the website link http://audials.us/privacy-policy/. Please read it carefully before using the Audials services. With the use of Audials services, the user agrees to the terms and conditions of said Policy and affirm that he/she has understood the same and accepted the same as correct. The user can avail the Radio Listening Facility through Audials by various Products and as defined in the Privacy Policy.
The services being provided to the user are as: - Audials provides a platform to its users, through which a user can easily access any Broadcaster of the world, which is in the list of Audials. However, Broadcaster can stop its working at any time and the user will have no right to challenge it in any manner.
The Audials may provide its users, other knowledge through any process such as advertisements, banners, emails, push notifications etc. about more services to increase the area of knowledge of the user.
The Audials also provides the user to choose Broadcaster, favorites, they have listened to or in which he/she has expressed an interest.
The Audials also provides users the service to choose to connect social media accounts with his/her account profile.
The Audials or its advertising partners use user’s usage habits to improve its service and personalized experience.
Since this agreement is written in simple English language, so, the Audials has no liability to translate into the any particular/specific language of user and while accepting the terms of this agreement, it will be believed that the user has accepted the terms of this agreement after going through it in his/her own language/vernacular.
The Audials at its sole discretion may change the terms of this agreement at any time and after making changes in any clause of the agreement or the entire agreement, the changed clause/s will be posted on the site and application.
The use of Audials services will be deemed to be acceptance of said terms by the user without any objection. No separate consent is required for that purpose. The user will not raise any dispute regarding the change of any term of this agreement, however, the user can request the Audials to re-consider the view of change of any term or can stop using the services of Audials. The Audials encourages its users to check the policies of Audials on the Applications or Site regularly and frequently.
By using the services of Audials, the user has granted permission to the Audials to communicate the user via email, app push notification, other communication network whose information has been provided/shared by user or any other process as per the convenience of Audials about the use of Audials services.
Audials has been authorized by the user to answer to his/her any query/question, Any update about the service, Any promotional information about the Audials services etc., Information regarding promotion of features, app, account, or transactions or Third Party information on Audials through any communication mode as mentioned in clause 3.
The services of the Audials are free to the users. A user cannot claim any benefit, if it occurs to the Audials from the use of Audials services.
Audials may change, add or remove features and functionality of its services without notice of the user. Audials reserves the right to discontinue some or all of the features either temporarily or permanently.
The user is hereby agreed that that Audials shall not be liable to the user or to third party for any change, discontinuance of its services either temporarily or permanently.
In case of non-satisfaction of the user, he/she may at his/her sole discretion to discontinue or terminate the use of the Audials service as described herein.
To use the Audials services, the user is strictly bound to provide the information as required by the Audials and it is made clear upon the user that every information provided by him/her will be deemed as correct information.
The user is responsible for providing false information to the Audials and Audials then can take any action against such user. In case of false or incomplete information provided by the user, the Audials apart from taking action can also block the services of said user and the user will be responsible for the losses and expenses, if occurred to the Audials due to providing false information to it.
The user is responsible for maintaining the confidentiality of its name, password and other information and for all activities that occur under his/her username or account, In case of false information, the user agrees to be notified immediately on account of illegal and unauthorized access to the use of Audials services and for false information.
The user cannot delete the information provided by him/her to the Audials while agreeing the terms of this agreement nor will he/she ask the Audials to do so, however, the Audials at its sole discretion can delete the same at any time without the consent or knowledge of the user. Without providing the sought information and without giving free and voluntary consent over the terms of this agreement and privacy policy, the user cannot avail Audials services.
The user agrees that the Audials may communicate with him/her electronically regarding security, privacy, and administrative issues in respect of use of Audials.
If Audials ever finds any breach on the part of the user, the Audials reserves its right to notify the user electronically by posting a notice on the Site and/or Applications and sending an email notice to the user on the email address provided by the user.
Audials takes certain precautions to protect their users’ information. While submitting information by the user, the same is protected both online and off-line. However, there is unfortunately no way yet for the industry to guarantee that such information is entirely secure. Users are responsible for securing the confidentiality of their password and account, and are fully responsible for all activities that occur under their password or account. It is strongly recommended that users take extra precautions when receiving files from unfamiliar third parties (i.e., via email), as they may be harmful.
The Audials has also provided a service to the user to add another Broadcaster on the list of Audials, which is not in its list. But, after adding Broadcaster subject to its approval by Audials and no objection from Broadcaster, the user cannot claim any benefit from the Audials on the pretext that it was his act to give Audials a new Broadcaster. Further, the Audials does not give licence to its users to add or to make an attempt to add anything false, abusive etc, which is illegal or not transpired as per the provisions of law of the state as defined in the policy on the application, website or software of Audials. Adding any abusive, false, unauthorized etc. electronic material in the application, software will amount to alteration of Electronic Record and in that eventuality, the Audials has the right to prosecute/sue the user. Opportunity of being heard may be provided to the user before prosecuting/suing him/her at the sole discretion of Audials.
The user has agreed that he/she will comply with all the codes of conduct, policies or other notices provided by the Audials.
The user also agreed that he/she will comply with all the laws, rules and regulations in connection with use of Audials services and will not ever violate such laws, rules or regulations.
Users are agreed that Audials will not be responsible or liable for any injury, loss or damage incurred due to use of Audials services by the use or access to any third party content on or through the Audials services.
User is hereby agreed that the Broadcasting material is protected by the copyright law of its State along with other applicable laws, and may not be reproduced, used to prepare derivative works, distributed, performed publicly or displayed publicly. The user will use the services provided by the Audials only for his personal use.
Audials does not control the decision of a Broadcaster to institute such copyright protection mechanisms/actions.
Audials has given the spaces/access to the advertisement agency on its apps, applications, software etc. and at all the platforms, from where the user can listen to the radio channels or which can be seen on the apps etc. while installation of the same or playing the radio channels. At such spaces, said advertisement agency may directly post or it can further authorize someone to post any advertisement as it deems fit good for it. Said agency has assured the Audials that it will work as per the law of state. Posting, deleting, hiding the advertisements or promotions of any product or company on the applications, websites and its allied tools or services are not in the control of Audials. Neither Audials will be held responsible for the posting of any advertisement on its apps etc. nor it can be held liable towards the user for posting the same nor will the user take any action or step before any public, private, judicial, Govt. or Semi-Govt. or NGO regarding the posting of any advertisement as stated here.
Downloading of software of Audials is subject to the acceptance of terms and conditions of Audials policies and this agreement. But, merely downloading of software is not licensed by the Audials to its users that said software/ application will work as per the mental satisfaction of the user. The Audials will not be at fault due to non-downloading of the software and the Audials will not be responsible for the networking errors.
The user will not make any effort to alter the software or application or any other process of Audials in any manner nor will he try to injure the Audials or its software etc. by virus or by any other manner, with which the software etc of the Audials may suffer problem or error of any type.
The user will never claim any royalty or benefit of any type from the Audials due to use of Audials services or increase of its users or the income, if any earned by the Audials from its service in any manner.
The information provided by the user and operation of the Audials may be unencrypted and involve (i) transmissions over various networks; (ii) changes to conform and adapt to technical requirements of connecting networks or devices and (iii) transmission to Audials’s vendors and hosting partners (if any) to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Audials Service. So, the user agrees to be solely responsible for adequate security, protection and backup of his/her content/information.
Audials will have no liability for any unauthorized access or use of any of the content of the user, or any corruption, deletion, destruction or loss of any content of the user.
Audials shall have no obligation to keep the contents/information of the user confidential and the user hereby authorizes Audials to make every part of his/her content public at any time subject to the Audials Privacy Policy.
The parties to this agreement may terminate this agreement at any time. Said Termination does not include the violation of terms by the user, but only means the un-installation of the application of software of Audials by quitting the services of Audials.
The right to avail the services of Audials is non-transferrable. The user shall not or shall not allow another person through his/her mobile to copy, modify, translate, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code or sell, assign, sublicense or otherwise transfer any right in any Software of the Audials.
Transferring the services of Audials by any user in any manner shall be deemed to be an offence. Audials retains all right, title, and ownership of the Software, Audials services, copyrights and trademarks.
Any use of the Audials services other than as specifically authorized herein is strictly prohibited. Any right not expressly granted herein is reserved by Audials. The Audials does not provide any warranty or guarantee on its any service or on all the services like uninterrupted, timely, secure, virus-free or error-free; nor does Audials make any warranty as to the accuracy or reliability of any information obtained through it.
The Audials will not be the party nor can it be made/implead party to any dispute or any relations whatsoever between users of the Audials services against each other or between the user/s of Audials services and users of any other company or service provider of same or similar software application.
The user and Audials have agreed that in case of any dispute, they or each of its subsidiaries, affiliates, predecessors in interest, successors etc. will only prefer the way of arbitration to resolve the dispute by referring the dispute to the sole arbitrator appointed by the Audials in view of the provisions of Indian law i.e. Arbitration and Conciliation Act 1996. The fee for arbitration will be paid by the party raises disputes and it will be decided at the time of appointment, which will be fair in all manners and the arbitration will be final.
I have gone through this Agreement of TERMS OF USE, Audials’s Privacy Policy (http://audials.com/privacy-policy/) and other contents on its website (http://audials.com). So, after going through all, I accept the terms and conditions stated above.