PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. IF YOU DO NOT AGREE
WITH THESE TERMS AND CONDITIONS, YOU MUST NOT USE THIS WEBSITE OR ANY OF THE
SERVICES AVAILABLE THROUGH IT. BY USING THIS WEBSITE AND/OR ANY OF THE SERVICES
AVAILABLE THROUGH IT, YOU AGREE TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS
SET OUT BELOW. PLEASE PRINT AND KEEP A PAPER COPY AND/OR RETAIN AN ELECTRONIC
COPY OF THESE TERMS AND CONDITIONS FOR YOUR RECORDS.
The following terms and conditions apply to your use of the website www.radiodeck.com
and by using the website you (the "User") agree to enter into a legally binding
contract with Sandstorm Software FZE, RAK FTZA, P.O. Box 328395, Ras Al Khaimah, UAE, registered
at the register court in Ras Al Khaimah under 5010896 (the "Operator").
The Operator's services are offered via the Internet, including at but not
limited to the URL "www.radiodeck.com" and are available as an application in
connection with third-party offers on the Internet and on client devices. Use of
the Service is subject to the following terms, even if the place of use is
outside of the territory of the United Kingdom. Unless otherwise specifically
excluded, the terms of this agreement shall apply to any other arrangements
entered into with the User.
The Operator reserves the right to update this agreement at any time. If this
occurs, the Operator will publish the amended version on the www.radiodeck.com
website. The amended agreement will take effect from the time it is first
published on the Service, and from then on will govern the relationship between
the User and the Operator in respect of use of the Service. If the User does not
agree with the amended terms and conditions, s/he may not continue to use the
Service after the time on which the amended terms and conditions are published
on the website.
2. About this agreement and the services
The Operator has created a database composed of audio streams, bundled audio
content, music titles, links and editorial content as well as software with a
user interface that enables the User to access the database using search
functions and graphic displays (the "Service"). This agreement sets out the
terms upon which the Operator will provide services to the User and grant
certain limited rights to use the Service.
3. Term and termination
This agreement concerning the provision of services at no charge is entered into
and shall continue unless or until it is terminated by either party at any time
and for any reason.
4. External / additional services
Where content, information, software, or other material or services supplied
by third parties are available via the Service, the User may need a licence from
such third parties, and may need to agree to other terms and conditions, which
will govern his/her relationship with such providers in relation to his/her use
of such content, information, software, or other material or services. The
Operator will not be a party to the User's agreements with such third parties
and therefore the User should read their terms carefully and ensure that s/he is
happy to be bound by them before s/he uses any such content, information,
software, or other material or services.
The Operator does not endorse and is not responsible for the contents or
privacy practices of any third party services which are linked to on the
Service. The Operator shall not be responsible or liable for any loss or damages
caused by use of or reliance on any content, goods or services available on such
Where content, information, software, advertising and any other material or
services are supplied by third parties, the User acknowledges and agrees that
the Operator cannot control and does not purport to endorse such content,
software or services in any way. All third party content, software or services
that are made available through the Service are offered in good faith but the
Operator does not (to the extent permitted by applicable law) accept any
responsibility for the accuracy, reliability, timeliness, or otherwise of such
content, software, advertising or other material or services (whether published
on or offline) or for the use, download and/or installation of such content,
software, advertising or other material or services.
In the event the Operator offers premium, subscription or other paid
services, it will inform the User accordingly. The User shall further be
informed of the costs and fees associated with such services as well as any
other terms governing their use and/or provision.
5. Grant of rights
Under this agreement, the Operator grants to the User solely the right to
use the Service provided by the Operator for non-commercial domestic purposes
only. Any other use of the Service, including but not limited to duplication,
distribution and decompilation, is prohibited unless expressly authorized by the
Operator in writing.
All other rights to the elements and contents of the Service are hereby
reserved and subject to separate licensing by the Operator and/or the other
rights-holders. For the avoidance of doubt, the Operator strictly prohibits the
local storage, duplication, dissemination and publication of any element of the
Service or any material derived from it.
If the User introduces its own content to the Service, including but not
limited to playlists or comments, the User hereby grants the Operator and its
affiliates a perpetual, world-wide, royalty-free, irrevocable license to use
such content for any purpose whatsoever. The User warrants and represents that
the content which s/he posts and/or introduces on to the Service is not unlawful
or misleading and that the User has the full right or has been granted the full
right to make such content available for any purposes whatsoever including the
distribution, making available or otherwise making use of the content and
further that such rights are freely transferable to the Operator and any other
third party. The User indemnifies and holds the Operator harmless from all
claims arising as a result of a breach of its obligations under this provision.
6. User's additional duties
By registering with the Service, the User agrees to hold personal login
information (user name and password) in strict confidence. Login details must
not be shared with anyone. If the User fails to comply with this obligation, the
Operator will not be responsible for any losses suffered by the User as a
result. The User must notify the Operator immediately of any unauthorized use of
his/her account or any other breach of security regarding any activity on the
Service that comes to the User's attention. The User is liable to the Operator
for damages caused by the unauthorized use of his/her login information if and
to the extent that the User intentionally or negligently facilitated such
unauthorized third-party use.
The User agrees to use any information obtained from the Service and/or the
Operator in good faith and shall refrain from using such information to harm
The User agrees to indemnify the Operator from any third-party claim
asserted against the Operator as a result of a (i) breach of contractual duties
or (ii) infringement of third-party rights, attributable to the User, including
but not limited to reasonable legal costs.
When the User registers on the Service, s/he will need to give the Operator
certain personal information including his/her name and e-mail address and any
other details (for example, a post code) that the Operator may require as part
of the registration process, and the User must agree to the Operator's
processing of his/her personal information, in accordance with the Privacy Terms
and all applicable privacy laws. The Privacy Terms are hereby incorporated by
reference. The Privacy Terms specify the nature, scope and purpose of the
collection, processing and use of the User's personal information. These terms
may also be viewed and printed by clicking on the button "Privacy Terms" on the
Operator's website (www.radiodeck.com). If the User does not agree with the
terms and conditions of the Privacy Terms, s/he should not create an account on
the Service and may not access such content and services through the Service.
8. Limitation of liability
Nothing in this agreement excludes, restricts or affects the User's
To the maximum extent permitted under applicable law, the Operator hereby
excludes all other express or implied terms and conditions, conditions,
warranties, representations or endorsements whatsoever with regard to any
content, information, material, software or other items or services provided
through the Service including those as to availability, quality, timeliness,
performance, or fitness for a particular purpose.
The Operator shall not be liable for any loss or damage resulting from the
illegal, incorrect or inappropriate use of any content, information, material,
software or other item or service by the User or anyone else whilst the content
is in the User's possession or while the User is receiving such service.
The Operator shall strive for the highest possible degree of availability of
its services. However, due to the nature of the Internet and the uncertainties
associated with it, as well as for technical reasons (server backup,
maintenance, updates, etc.), the Operator cannot guarantee that the Service will
be available without any interruption. Accordingly, no liability is assumed for
damages or losses (including loss of data) caused by service outages, limited
availability, technical disruptions, delays, viruses or similar causes.
The Service includes data generated by third parties and users which has
been transmitted to and collated by the Operator. Subject to the other
provisions of this clause 8, the Operator shall not be liable for any
information that the User or any other third party places on the Service or any
reliance placed on it by the Users or third parties.
As set out at clause 4 above, to the extent the Operator facilitates the
User's access to radio streams and third-party Internet pages via the Service,
it assumes no liability for the contents of such sites. Only the providers
themselves are responsible for such content, including the possible infringement
or violation of third party rights including but not limited to intellectual
property rights, industrial property and personal rights.
The Operator does not accept liability for any loss which is not a direct
and reasonably foreseeable consequence of the relevant breach of the terms of
this agreement or which is consequential, even if the Operator has previously
been advised of the possibility of such loss.
The Operator excludes all liability, to the extent permitted by law, for any
losses or damages suffered by the User from the use, listening or viewing (or
attempted use, listening or viewing) of/to content in countries other than the
The User is responsible for ensuring that his/her computer system meets all
relevant technical specifications necessary to use, and is compatible with, the
Service. The Operator does not make any warranty that the Service or its servers
are free from viruses, worms, cancelbots, "Trojan Horses" or anything else that
has contaminating or destructive properties. The Operator shall not be liable
for any damage to, or viruses that may infect the User's computer equipment or
other property following his/her access to, use of, or browsing on the Service
or accessing of any content, information, material, software or other item or
service. The User is responsible for implementing sufficient procedures and
virus checks (including anti-virus and other security checks) to satisfy its
particular requirements for the accuracy of data input and output.
Save in the case of death or personal injury caused by the Operator's
negligence or the negligence of its employees, or where the Operator has acted
fraudulently, the Operator's total liability to the User under this agreement
for any losses suffered by the User will never exceed $100.
The User shall compensate the Operator in full in respect of any losses,
liabilities, damages, expenses or costs (including legal fees and expenses),
arising from or in connection with any third party claim, suit or proceeding
brought against the Operator which arises out of, results from or is related to
any breach by the User of the terms of this agreement.
The User is prohibited from providing or otherwise making commercial
advertising available to other users of the service or third parties using the
Service's technical infrastructure, including but not limited to any means of
electronic communication (e.g., email, forum chat, instant messaging) as well as
user-profile design within the portal www.radiodeck.com or as part of applications.
The User is further prohibited from using third-party information obtained from
the Service for any marketing purposes.
The User is solely responsible for all User-provided information within the
Service. The User warrants and represents that the data provided is correct and
any personal information supplied fairly represents the User.
Except as otherwise expressly permitted by this agreement or under
applicable law, the User agrees not to post, transmit or otherwise make
available any unlawful, harmful, threatening, abusive, defamatory, vulgar,
immoral, obscene, pornographic, violent, discriminating, extremist, politically
radical, racially, ethnically or otherwise objectionable material of any kind
within the Service. Moreover, the User shall not disseminate or grant access
within the Service to contents which infringe the intellectual property rights,
industrial property rights or other rights of any third party.
Should the User breach any of the provisions of subsections (9.1) through (9.3)
above, the User shall indemnify the Operator from any and all third-party
claims. This subsection shall have no effect on any other legal claims which the
Operator may raise.
The Operator shall have the right, but is not obligated, to review the
content of each posting, photo or graphic file for its compliance with
applicable law or these terms and conditions, and to change, report or delete
such contents solely at its own discretion.
Modifications, amendments and side agreements to this agreement must be
made in writing between the parties.
In the event any of the preceding provisions is invalid, the invalid
provision shall be replaced by a provision that most closely approximates the
invalid provision's intended legal purpose.
The Operator reserves the right to assign or sub-contract any or all of its
rights and obligations under this agreement. This agreement is personal to the
User and is entered into by the User for his/her own benefit and not for the
benefit of any third party.
The courts of Zug, Switzerland shall have exclusive jurisdiction to settle
any dispute which may arise out of or in connection with this agreement if the
User is a merchant. The same applies in the event the User is a consumer and was
at the time of the conclusion of the agreement domiciled or habitually resident
in Switzerland or its domicile or habitual residence is not known at the time an
action is commenced.
This agreement shall be governed by and construed in accordance with Switzerland