These Terms of Service explain the terms and conditions that apply to your use of the Tubidy.fm Service and constitutes a legally binding agreement between you and Tubidy.fm, a Branded Product of Tubidy.fm SRL.
By accepting this Agreement, using the Tubidy.fm Service, or Posting any of Your Content (as defined below) through the Tubidy.fm Service, you acknowledge that you have read, understood, and agree to be bound by this entire Agreement. This Agreement is a legal agreement between you and Tubidy.fm and the terms hereof apply to you whether you are a registered user or a visitor using the Applications (as defined below). If you do not agree with this Agreement, you may not use the Tubidy.fm Service.
The Tubidy.fm Service consists of an index of radio stations designed to simplify finding radio programming from broadcast or radio sources, whether available through our website or through any software applications made available for mobile devices, computers or car systems. Tubidy.fm is not a broadcaster and its directory service just redirects users to specific content providers in accordance with their publicly available services. Tubidy.fm is an intermediary which connects (via embedded hyperlinks) users to radios broadcasting over the Internet. Tubidy.fm does not own any of the brands it lists. Tubidy.fm complies with the applicable laws and fully respects third party rights. Tubidy.fm is not liable for any content that any of the listed radio stations broadcasts.
Tubidy.fm may change, add or remove features and functionalities of its service without notice. Tubidy.fm can at its discretion discontinue some or all of the features of the service at any time (including new updates). Tubidy.fm shall not be liable for any modification, suspension or discontinuance of the service. If you are dissatisfied with any changes on the service, then your only option is to no longer use Tubidy.fm.
To access certain features of the Tubidy.fm Service and to post specific contents, you will be required to register and provide some information, including a username and password, email address, country. You agree to:
* Provide accurate and complete information and update your account when necessary to keep it current;
* Not use false identities or use a username and/or password that you are not authorized to use;
* Maintain confidential your username, password and other account information;
* Maintain confidential all activities that occur under your user name or account;
* Not allow others to access or use your account and notify us immediately of any unauthorized use of your account;
If you are under 13 years old you cannot use the service nor register yourself by creating an account.
Our service is provided only for your personal and non-commercial use and you may not transfer Tubidy.fm Service to a third party. You agree that you will not resell, sublicense, transfer, rent, lease, or exploit Tubidy.fm Service commercially, in a whole or in a part. You agree that you will not use the Tubidy.fm Service in any unlawful manner and that you will not attempt to gain unauthorized access to it (by modifying it, adapting it or hacking it). Collecting or storing personal data about other users without their express permission is strictly forbidden.
When using the Tubidy.fm Service through a mobile device, your wireless service carrier's standard charges, data rates and other fees may apply, and you acknowledge that you are solely responsible for all such fees and charges.
Third Party Content definition
Third Party Content contemplates:
* Any broadcast radio programs, podcast or other audio content that the Tubidy.fm Service gives you the ability to listen to;
* Any photos, images, graphics, sound recordings, musical works, album artworks, data, information, feedback, suggestions, text, content and other materials that a third party may record, upload, post, publish, submit, deliver, provide or otherwise transmit;
* Any links or other access to websites and resources on the Internet;Third Party Content may be copyrighted and protected.
You acknowledge and agree that Third Party Content may be the copyrighted material of the third party that supplies it. Therefore the content accessed on the basis of our service that is protected by copyright law and other applicable laws, may not be reproduced, used to prepare derivative works, performed publicly or displayed publicly and distributed without the written consent of the third party that supplied it, except as permitted by applicable law.
Third Party Content may be transmitted with a variety of copy protection mechanisms, which are designed to protect the copyright interests of the relevant third party. These copy protection mechanisms may constraint or prevent the ability of the Tubidy.fm Service to play Third Party Content.
You understand that Tubidy.fm does not control the decision of a third party to institute such copy protection mechanisms. You agree that Tubidy.fm can not be held responsible in what concerns your or any third party’s ability to access or listen to, any Third Party Content due to a copy protection mechanism.
Due to copyright protection mechanisms it is strictly forbidden to remove or make any attempts to remove by any means content inserted in our service. Any attempt to do so may subject you to liability and can result in the suspension or deletion of your account.
We are not responsible for the nature of the Third Party Content.
Tubidy.fm is comprised of a classified database of resources, made by its users or content managers. The Tubidy.fm Service gives you the ability to listen to and access Third Party Content over which Tubidy.fm exercises no editorial or programming control. We are not responsible for the nature of the Third Party Content and we may remove them at any time, without prior notice, namely when they:
* Violate any copyright laws;
* Treat any religious, cultural or ethnic group in a defamatory or offensive way;
* Contain pornographic material or other sexually explicit material;
You also understand that:
* The Tubidy.fm Service does not guarantee the access to, recording of, listening to, or viewing of any particular Third Party Content;
* Third Party Content is not under Tubidy.fm’s control and the Tubidy.fm Service is not responsible for it and does not in any way endorse such Third Party Content;
* Third Party Content providers may change or delete Third Party Content or schedules at any time;
By posting Your Content on or through the Tubidy.fm Service, you agree to, and by means of this do provide Tubidy.fm, a worldwide, non-exclusive, revocable, royalty-free, fully paid, sublicensable and transferable license to use, modify, reproduce, distribute, display, publish, transmit, communicate to the public, make available, broadcast, prepare resulting works based on it.
It is compulsory that you be an owner of or fully authorized to grant the rights to your content. You must not upload Your Content to or through the Tubidy.fm Service, unless you are the copyright owner or are fully authorized to grant rights in all of the elements of Your Content that you intend to upload or transmit to or through the Tubidy.fm Service.
Your Content definition
“Your Content” means on the whole, the graphics, images, photos, sound recordings, musical works, data, information, feedback, ideas, comments, suggestions, text, content and other materials that you post in connection with or relating to the Tubidy.fm Service.
Tubidy.fm may display advertisements for goods and/or services of third parties or other promotional materials through the Tubidy.fm Service. Your participation in promotions of any third party advertisers through the Tubidy.fm Service is solely between you and such third party and your participation is subject to the terms and conditions associated with that advertisement or promotion. By using the Tubidy.fm Service you agree that Tubidy.fm is not responsible or liable for any damage or loss of any sort incurred as the result of participation on those promotions.
The same applies to any links to third party websites (i.e. websites not owned or operated by Tubidy.fm) displayed in Tubidy.fm.
You may terminate your account and your right to use the Tubidy.fm Service at any time by contacting Tubidy.fm Customer Support at help@Tubidy.fm. Nevertheless, Tubidy.fm is given the right to at any time for any reason or no reason, to immediately suspend or terminate your account, with or without notice to you. The content that you may have on the Tubidy.fm Service (if any) may also be permanently deleted by Tubidy.fm at any time, with or without notice to you.
Any software that may be made available by the Tubidy.fm Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Tubidy.fm Service grants you a personal and non-exclusive right and license to use these software programs only for personal and non-commercial use of the Tubidy.fm Service. Any other rights not expressly granted herein are reserved by Tubidy.fm.
You shall not use the Tubidy.fm Service to perform any action of data mining, scraping or similar data gathering or extraction methods. Any use of the Tubidy.fm Service other than as specifically authorized herein is strictly prohibited.
Tubidy.fm respects and protects the copyright and the intellectual property of others and takes this subject very seriously. We also ask our users to do the same: respect third party rights!
Infringing activity regarding intellectual property will not be tolerated on the Tubidy.fm Service. Tubidy.fm will remove any material from Tubidy.fm Service that we believe, upon notice from an intellectual property owner or its agent, is infringing the intellectual property rights of a third party by being made available through the Tubidy.fm Service.
Tubidy.fm may also remove all third party content posted by any single user after receiving more than two takedown notices. However, Tubidy.fm may terminate the account of any user after receipt of a single notification of claimed infringement.
If you believe that any content listed on the Tubidy.fm Service has been used or exploited in a manner that infringes an intellectual property right you own, you should promptly send a “Notification of Claimed Infringement” to Tubidy.fm at help@Tubidy.fm.
In order to be effective, remember to include, at least the identification of the specific material that is claimed to be infringing, a physical or electronic signature of a person authorized to act on behalf of the owner of the material that has been allegedly infringed and information that allows Tubidy.fm to reply to you, such as address, telephone number or e-mail.
Since the Tubidy.fm Service is available on the Apple App Store, as an Application, you acknowledge that this Agreement is between you and Tubidy.fm only, not with Apple, and Apple is not responsible for the Application or the content thereof.
Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application. In the event of any failure of the Application to conform to any applicable warranty, then you may notify Apple and Apple will refund the purchase price for the relevant Application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Application.
Apple is not responsible for addressing any claims by you or any third party relating to the Application or your possession and/or use of the Application, including, but not limited to:
* Product liability claims or claims being under consumer protection or similar legislation.
* Any claim that the Application fails to conform to any applicable legal or regulatory requirement in any country;
Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights. Please refer to section 10 and 11, regarding copyright or other intellectual property infringements.
You agree to comply with any applicable third party terms, when using the Application.