Hi there and welcome to our Terms and Conditions of Use. Since they affect your legal rights, we recommend that you read them carefully.
Thanks for choosing https://onlineradiobox.net/ – the website ("Website") and all services available at the Website. The Services are provided through the Website by FinalLevel OU, a company registered under the laws of Estonia, registration number 14081574, located at Pärnu mnt 158, 11317 Tallinn, the Republic of Estonia, and doing business under the commercial name "Final Level" ("Final Level", "Us" or "We", "Our").
We may revise these Terms at any time by amending this page. Please check this page from time to time to take notice of any changes we made, as they are binding on you.
Please read the Terms carefully before accessing or using the Website. You acknowledge that you have read and understood and accept the Terms, and agree to be bound by them. If you don't agree with (or cannot comply with) the Terms, then you may not use the Website. Use of our Website includes in particular, but not limited: accessing, browsing, and/or ordering of the services.
Final Level may modify the Terms at any time, and such modifications shall be effective immediately upon posting of the modified Terms on the Website. You agree to review the Terms periodically to be aware of such modifications and your continued access or use of the Services shall be deemed your conclusive acceptance of the modified Terms.
"Services" means all the services provided by Final Level and mentioned on the Website, in particular: services as to the development of online radio mobile software applications for iOS devices and Android OS devices ("App Development Services"), services as to the support of the App ("App Support Services"), as well as any other information services available through the Website.
Our Services are very diverse, so sometimes additional terms may apply. Additional terms will be available with the relevant services, and those additional terms become part of your Agreement.
Under the Terms, we shall provide you with the App Development Services and App Support Services in accordance with the Agreement, and you shall get it for a fee specified therein.
2. App Development and Support Services
2.1. Terms of the Services Provision
When you order the App Development Services, we develop a unique App for the online radio streaming. You choose the App features and the tariff plan which best reflects your needs.
We will also do everything possible to make the Marketstore (Google Play Market and/or App Store) approve your App. For that purpose, you choose the respective Marketstore and provide us with the opportunity to install the App to your account in the respective Marketstore.
When you order the Support Services, we ensure that your App works as it should. In particular, we ensure the working capacity of your App, we make all the necessary updates and modernizations hereof, we make changes at your request, if such changes are included in the list below:
- replacement of links to the broadcast stream;
- station logo updates;
- replacement of links to social networks, websites;
- updating of information about the station (address, phone numbers);
- replacement of links RSS news;
- links replacement instead of podcast export.
2.2. Terms of Payment
The current prices for the App Development and for the Support Services (tariff plans) are indicated on the Website. You may upgrade your tariff plan by making the additional payment of the difference.
We may make changes to the applicable prices for any Services offered on the Website, at any time, without notice.
You will need to sign up for a PayPal user account to pay using PayPal. PayPal may also allow you to check out and make payments as a Guest. Your use of PayPal is subject to PayPal’s terms and policies.
You agree and warrant to provide accurate billing information when you make payments for purchased Services.
We reserve the right not to start the App Development Services until we receive the prepayment.
We also reserve the right to immediately stop the provision of the Support Services in case we do not receive the payment for two months in a row. In such a case, your App will stop functioning for the users who have downloaded it.
If you pay for the Support Services for more than 6 months in advance, you may receive a discount of up to 10% of the fees for the respective Services. In case the payment is made for more than 1 year in advance, the discount may be up to 20%.
3. Use of the Website
3.1. General Policy
You assume total responsibility and risk for your use of the Website.
It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, Services, merchandise and other information provided through the Website.
Final Level does not warrant that the Website will be uninterrupted or error-free or that defects in the functioning of the Website will be corrected expeditiously.
You hereby confirm that you are an individual, or that you represent a legal person or other organization, with the full capacity under the applicable law of your residence to be bound by the Terms.
The Website is intended for persons above the age of legal majority to achieve their business goals. If you are under the age of 18 (or under other age of majority under the law of your country), you may use the Website only with the consent of your legal guardian (parents or principal). If you do not have the said capacity, you or your parents or principal (where applicable) shall undertake all the consequences resulting from your acceptance of the Terms. You represent and warrant that your legal guardian has read, understood and agreed to these Terms.
3.2. Third-Party Links
You may have an opportunity to leave the Website via the links to third-party websites and services. For instance, we may provide you with the links to our profiles in social media, links to Marketstore (e.g. Google Play Market and/or App Store) etc.
Such third-party links are not under the control of Final Level, and we are not responsible for them. We may provide you with these links only for your convenience, and the inclusion of any such link does not imply the endorsement by Final Level of such third-party websites or the acceptance of any responsibility for the content thereof.
You use all third-party links at your own risk. You should apply a suitable level of caution when doing so. When you click on any of the third-party links, the applicable third party’s terms and policies apply, including the conditions of the third party’s privacy and data gathering practices. We recommend you reading any such terms and policies carefully before using the respective third-party website.
4. Intellectual Property Rights
Your Content. We provide you with the non-transferable, exclusive, revocable, worldwide, limited license to use the App for its intended purpose as provided herein, from the moment we transfer to you all the related materials delivered within the development of the App and until the moment you pay for the Support Services. You own all rights (including all intellectual property rights) to any content you create or publish through the provided App from the moment it is created or published (collectively, the App and the content is referred to as "Your Content"). We claim no intellectual property rights over Your Content, and you remain solely responsible for any claims with regard to the intellectual property rights in Your Content. We also claim no rights with regard to your audience, even if you stop paying for the Support Services.
Company’s Content. The Website is owned and operated by Final Level. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Website ("Materials") provided by Final Level are protected by intellectual property and other laws. All Materials included in the Website are the property of Final Level or its third-party licensors. Except as expressly authorized by Final Level, you may not make use of the Materials. Final Level reserves all rights to the Materials not granted expressly in these Terms.
Company’s License. The Company grants you a non-transferable, non-exclusive, revocable, worldwide, limited license to access the Website in the ways described in these Terms.
5. Limitation of Liability
You use the Website at your own risk and subject to the disclaimers set in these Terms.
You agree that, to the extent permitted by applicable laws, your sole and exclusive remedy for any problems or dissatisfaction with the Website is to stop using the Website.
If you choose to access the Website from outside the European Union, you do so on your own initiative and you are solely responsible for complying with the applicable local laws.
We shall not be obliged to ensure the operation of the Website or the Services on all platforms, for all devices or under certain specific conditions.
We disclaim all warranties and conditions, either expressed, implied or statutory, including, but not limited to any warranties or conditions of fitness for a purpose, lack of viruses, accuracy or completeness of any information, workmanlike performance and lack of negligence as regards our Website.
In no event will Final Level be liable for (i) any indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the Services, or any information, or transactions provided, or downloaded from the Services, or any delay of such information or Services. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such jurisdictions our liability is limited to the greatest extent permitted by law.
In case any claims or actions concerning your breach of the obligations hereunder are brought against Final Level, we will immediately inform you of that. All costs and expenses related to the settlement of the specified claims, actions and/or legal proceedings shall be borne by you. You shall assume the obligation to compensate in full the costs of all expenses incurred by Final Level due to occurrence of the circumstances specified herein.
Your Content, third-party advertisements and third-party services do not necessarily reflect our opinions or policies.
To the fullest extent permitted by law, you are responsible for your use of the Website, and you will defend and indemnify Final Level and its officers, directors, employees, consultants, affiliates, subsidiaries and agents from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with: (a) your unauthorized use of, or misuse of, the Website; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
This Agreement may be terminated by either party without notice at any time for any reason. In particular, we may immediately terminate this Agreement in case you breach your obligations hereunder. The provisions of the sections "Intellectual Property Rights", "Indemnification", and "Governing Law" shall survive any termination of this Agreement.
Governing law and dispute resolution
Unless otherwise required by a mandatory law of a Member State of the European Union or any other jurisdiction, the Agreement and any non-contractual disputes and claims arising out of or in connection with the Services are subject to the laws of Estonia without recourse to the conflict of laws principles.
Therefore, all the disputes arising out of or in connection to the Agreement, as well as any non-contractual disputes and claims arising out of or in connection with the Services, if not resolved amicably in the course of negotiations, shall be finally settled by the competent court of Estonia.
Final Level may assign the Agreement or any part of it, and Final Level may delegate any of its obligations under the Agreement. You may not assign the Agreement or any part of it, nor transfer or sublicense your rights under the Agreement to any third party.
If you have any questions concerning the Service or the Terms, please contact us by email at firstname.lastname@example.org
Thank you for taking the time to read our Terms. We hope you enjoy the maximum of your personalized App! :)
Last updated on 16/12/2020