Terms Of Service
(Radiodile Beta Policy is subject to change)
This Terms of Service Agreement (the “Terms of Service” or "Agreement") is a legal agreement between you and Multitask123, LLC and its subsidiaries; including the Radiodile™brand ("Radiodile”, “we", "us" or "our"). Our Terms of Use, Privacy Policy , and Payment Terms (if applicable), apply to the Radiodile branded service (the “Service”). The Service includes any version of the Radiodile website, application, software and data and content of any kind served through the software or accessed via any website or application owned or controlled by Us. Users of the Service include users accessing the Service anonymously, pursuant to a registered free account, or under any subscription plan.
THIS AGREEMENT CONTAINS WARRANTY AND LIABILITY DISCLAIMERS. BY USING OR SUBSCRIBING TO THE RADIODILE SERVICES, YOU ACCEPT AND AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT WITHOUT ANY MODIFICATIONS, ADDITIONS, OR DELETIONS. IF YOU DO NOT AGREE TO THE TERMS OF USE CONTAINED IN THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO USE RADIODILE.
1. THE RADIODILE SERVICE
The Service obtains audio and/or video through third parties and contains links directly to the third party content providers. These include SoundCloud™, YouTube™, DailyMotion™, Vimeo™, AOL ON Net™ and potentially others ("Third-Party Content Providers"). The Service also provides musical artist discography services, powered by Discogs™; biographical and artist detail information, powered by Last.fm™; sign in features powered by Facebook™ and Google; translation services powered by Google; and upon your consent, access to and from social network services such as Facebook, Google+™, Twitter™, Pinterest™, or others.
Radiodile users may access the Service in several different ways:
As the Service provides content and contains links to Third-Party Content Providers that are not owned or controlled by Radiodile, We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any Third-Party Content Providers. In addition, Radiodile will not and cannot censor or edit the content of any video or third-party site.
WARNING : Some of the Third-Party Content Providers may result in the Service rendering content that contains material, nudity, profanity, and mature subject matters which you may not be comfortable with or find appropriate. You agree to use the Service at your own risk.
By using the Service, you expressly relieve Radiodile from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Service and to read the terms and conditions and privacy policy of each other website that you visit. For your convenience, we have provided links to many of our third party providers below:
You also acknowledge and accept that any of the Third-Party Content Providers can discontinue their relationship with Radiodile at any time, rending those services inoperable. This includes third party services on which Radiodile is wholly dependent, such as YouTube, SoundCloud, Vimeo, DailyMotion and AOL.
Further, Radiodile, through its interface with Third-Party Content Providers, and through its search, obtains all media content from third party websites. ALL CONTENT ADDED TO ANY STATION OR PLAYLIST COMES FROM SOUNDCLOUD, YOUTUBE, VIMEO, DAILYMOTION OR AOL. THEREFORE, ALL INTELLECTUAL PROPERTY AND IN-VIDEO ADVERTISEMENTS ARE GOVERNED BY THE THIRD-PARTY CONTENT PROVIDERS’ POLICIES AND PROCEDURES. IF YOU ARE A COPYRIGHT OWNER OR AN AGENT THEREOF AND BELIEVE THAT ANY CONTENT INFRINGES UPON YOUR COPYRIGHTS, PLEASE REMOVE THE TRACK OR VIDEO, AND ADVISE OR REPORT IT TO THE APPROPRIATE SERVICE. REMOVAL OF THE CONTENT FROM THE THIRD-PARTY CONTENT PROVIDERS’ SERVICE WILL EFFECTIVELY ELIMINATE ANY UNINTENDED INFRINGEMENTS.
For your convenience, you may report violations to:
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YouTube
SoundCloud
DailyMotion Vimeo AOL |
Further, the Service may contain advertisements by third parties unrelated to Radiodile. Radiodile has no control over, and assumes no responsibility for, the policies or practices of any third party advertisers and does not recommend or endorse in any way any third party advertiser.
By submitting content to the Service, you specifically grant Radiodile a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, display, perform, reproduce, publish, and distribute Your content throughout the world via the Service. You also grant each User of the Service a non-exclusive license to access Your content through the Service, and to use, reproduce, distribute, display, broadcast and perform Your content as permitted through the functionality of the Service and pursuant to this Agreement. You grant Radiodile and its affiliates the right to use the name that you submit in connection with such content.
Any content shared to the Radiodile community, via the various feeds, including the curated stations, playlists or recently played feeds is the property of the Radiodile community. Even if you delete or unregister Your Account, this content will remain in our Service.
Age Requirement :
You must be at least 18 years old to download and/or use the Service, or, if you are not at least 18, you must be at least 13 years old and may download and/or use the Service with permission from a parent or guardian, and your parent or guardian must agree to this Agreement. If you do not qualify, do not use the Service.
Although we may attempt to notify you when major changes are made to the Terms of Service, you should periodically review the most up-to-date version. Radiodile may, in its sole discretion, modify or revise the Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in the Terms of Service shall be deemed to confer any third-party rights or benefits.
2. YOUR ACCOUNT INFORMATION
To use certain aspects of the Service, you may be required to register and provide certain information, including a member or user name, a password, a valid email address, and as avatar (the "Account Information"). If you register through Facebook or Google, We will be provided your email and avatar, and your member or user name (which may be changed by you). If you subscribe to Premium Service, your credit card and billing information will be processed by our Third-Party Billing System – PayPal™ and EC Suite™. Your financial information will not be stored in the Radiodile server or database. Your biographic data, such as your address, will be stored by Radiodile. Should you cancel and/or delete your account, all information will be removed from our system.
You agree that the Account Information that you provide is true, accurate, current and complete information about yourself and your billing information, if applicable. You will not post any information about yourself or your identity that you do not want to be displayed on the Site and made available to the public (such as telephone numbers or street addresses). We understand that you care about the protection of your personal information, including your Account Information, and shall treat such information in accordance with our Privacy Policy .
You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Service. Accordingly, you agree that you will be solely responsible to Radiodile for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify Radiodile immediately at [email protected] .
For information about Radiodile’s data protection practices, please read the Radiodile Privacy Policy . This policy explains how Radiodile treats your personal information, and protects your privacy, when you use the Services.
You agree to the use of your data in accordance with the Radiodile privacy policies. Although Radiodile will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Radiodile or others due to such unauthorized use.
3. USE OF THE SERVICES BY YOU
Radiodile grants you a limited, revocable and nonexclusive license to access and make personal use of the Service. As a Registered User, you may use the Service to create your own music stations and/or playlists for you and other Users of the Service to access by streaming; and follow and interact with other Users on the Service.
You agree to use the Service only for purposes that are permitted by (a) the Terms of Service and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. You agree not to access (or attempt to access) the Service by any means other than through the interface that is provided by Radiodile, unless you have been specifically allowed to do so in a separate agreement with Radiodile. You specifically agree not to access (or attempt to access) the Service through any automated means (including use of scripts or web crawlers), or through the use of iframes, and shall ensure that you comply with the instructions set out in any robots.txt file present on the Service.
You agree that you will not engage in any activity that interferes with or disrupts the Service (or the servers/networks which are connected to the Service). You agree that you are solely responsible for (and that Radiodile has no responsibility to you or to any third party for) any breach of your obligations under the Terms of Service and for the consequences (including any loss or damage which Radiodile may suffer) of any such breach.
When utilizing Radiodile, you may elect to log in to various social networks and services, such as Facebook, Google+, Twitter, Pinterest, or others. Your various social service providers have their own privacy policies and terms of use, and Radiodile has no involvement with them and is not responsible for how they utilize your information. For your convenience, we have provided links to our social sign in options’ privacy policies above.
4. SECURITY
Radiodile utilizes technology to protect transmitted digital information. Your use of the Service may be limited by such technology. You acknowledge that, from time to time, We may modify or discontinue using such technology. Security modifications made by Radiodile may from time to time include required or automated updates, modifications, patches, and/or reinstallations of software. IF YOU ATTEMPT TO VIOLATE OR CIRCUMVENT ANY SYSTEM OR NETWORK SECURITY COMPONENTS OR TECHNOLOGY, YOUR ACCESS TO THE SERVICE MAY BE TERMINATED AND YOU MAY BE SUBJECT TO CIVIL OR CRIMINAL LIABILITY.
5. PREMIUM SERVICE TERM, FEES AND PAYMENTS (COMING SOON)
Applicable fees for the Service may include a 30 calendar day recurring subscription fee (hereinafter known as the “Monthly” subscription), and if applicable, transaction fees taxes.
You may upgrade your service to an ad-free account (“Premium Service”) for a recurring monthly fee. By registering for Premium Service, you agree that you will pay the applicable fees for the Premium Service and your date of registration will be your Activation Date. Your subscription term is 30 days, recurring automatically.
Subscription fees entitle the member to Premium Service for the subscription period. Generally if the member requests termination, subscription fees are not refundable, though the member may continue to use Premium Service until the end of the agreed upon subscription period. Refunds requests will be considered on a case by case basis. However, should a refund be issued, it will be credited solely to the payment method used by the member in the original transaction. No refunds will be issued as cash, check or to another credit card. You expressly assume and accept the risk that Third-Party Content Providers, including those Radiodile is wholly dependent upon, could interrupt or terminate their services and/or features, resulting in disruption, interruption or termination of the Service. You expressly accept that the Monthly subscription fee will not be refunded or prorated in the event of disruption, interruption or termination of any and all services of Radiodile due to third party content provider actions.
As of 2014: Monthly subscription: Not Applicable
Automatic Subscription Renewal
Unless you notify us (through the Third-Party Billing System of your choice) of your decision to terminate your subscription, your subscription will automatically renew at the end of each subscription term. Your renewed subscription will have the same duration as the subscription being renewed (e.g. Monthly). At the time of renewal, your elected form of accepted payment will be charged at the fees for the applicable subscription.
Your Billing Date
Your elected form of accepted payment will be charged for the renewal term of your Premium Service every Thirty (30) days.
Mid-Subscription Term Termination
If you terminate Premium Service prior to the end of your subscription term, your account will remain active until the end of the applicable subscription term and you may continue to use Premium Service until such time.
Refunds
ALL FEES PAID AND CHARGES MADE PRIOR TO TERMINATION AS PROVIDED HEREIN, INCLUDING ANY ADVANCE CHARGE OR PAYMENT FOR THE SUBSCRIPTION TERM DURING WHICH YOU TERMINATE YOUR SUBSCRIPTION, ARE GENERALLY NONREFUNDABLE. TERMINATION OF YOUR SUBSCRIPTION SHALL NOT RELIEVE YOU OF ANY OBLIGATIONS TO PAY ACCRUED CHARGES. IF YOU TERMINATE PREMIUM SERVICE PRIOR TO THE END OF YOUR SUBSCRIPTION TERM, YOUR ACCOUNT WILL REMAIN ACTIVE UNTIL THE END OF THE APPLICABLE SUBSCRIPTION TERM AND YOU MAY CONTINUE TO USE PREMIUM SERVICE UNTIL SUCH TIME. ALL REQUESTS FOR REFUND WILL BE HANDLED ON A CASE BY CASE BASIS.
Methods of Payment and Credit Card Terms
All payments must be made via a form of payment acceptable to the chosen Third-Party Billing System. You agree to pay all fees and charges incurred in connection with your subscription and its password (including any applicable taxes) at the rates in effect when the charges were incurred. If Radiodile does not receive payment from your elected form of accepted payment, you agree to pay all amounts due upon demand by Radiodile.
If your state or country requires payment of sales or VAT taxes, those taxes will be charged in addition to the monthly subscription fee. The monthly subscription fee is determined in U.S. dollars and therefore, if paying with other forms of currency, your monthly charge may vary with the currency exchange rates.
By using the Service, you expressly relieve Radiodile from any and all liability arising from PayPal and EC Suite payment processing. Accordingly, we encourage you to be aware of their terms and conditions and privacy policies.
Late Payments
Your account may be reduced to a Free Service without notice to you if payment is past due, regardless of the dollar amount. You agree to pay any outstanding balance in full within thirty (30) days of cancellation or termination of your subscription to the Service.
Taxes
If the tax rate should change before the transaction is completed, the new tax rate in effect will apply. Radiodile cannot accept exemption certificates for purchases made online.
Modifications to Fees or Billing Terms
RADIODILE RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS SUBSCRIPTION FEES AND BILLING METHODS, UPON EFFECTIVE NOTICE TO YOU, WHICH SHALL INCLUDE NOTICE SENT TO YOUR DESIGNATED EMAIL ADDRESS. If any such change is unacceptable to you, you may terminate your Premium Service by contacting customer service at the payment processor used to set up the account. Your continued use of the Service following the effective date of a change to fees or billing methods shall constitute your acceptance of such change.
YOUR ACCEPTANCE OF THIS AGREEMENT MEANS THAT YOU GIVE CONSENT TO RADIODILE TO EMAIL YOU WITH NOTICES CONCERNING A MATERIAL CHANGE IN THE TERMS OF THIS AGREEMENT, THE APPLICATION OR SERVICE(S) YOU USE.
Termination by You
Unless you notify us (through the Third-Party Billing Method of your choice) of your decision to terminate your subscription, your subscription will automatically renew at the end of each subscription term. To cancel your subscription to any of the Services, please visit the account section of the Service. Links will be provided for the various Third-Party Billing Method to assist you with cancellation.
Once you have terminated your subscription, we will stop billing your elected form of accepted payment. All fees paid and charges made prior to termination as provided herein are nonrefundable, including any advance charge or payment for the subscription term during which you terminate your subscription.
If you terminate the Service prior to the end of your subscription term, your account will remain active until the end of the applicable subscription term and you may continue to use the Service until such time. Refunds are generally not provided for mid-term termination.
Unintended/Ancillary Termination by You
Because you may Sign In to the Service via your Google or Facebook accounts, the Social Sign In method you choose at time of subscribing to Premium Service becomes the controlling user method. If you should cancel or change the account you use to Sign In to the Service, Radiodile cannot resurrect or transfer your playlists to a new Sign In method or account.
(For example, if you log in with gmail account [email protected], subscribe to Premium Service, and a month later close out the gmail account, we will not guarantee that we can find you in our system. Should this occur, and you wish to continue with Premium Service, you may have to cancel your old account, and create a new account. We will attempt to transfer your saved stations or playlists to the new account, but cannot guarantee success.
Termination by Radiodile
You agree that Radiodile, in its sole discretion, with or without prior notice, may freeze or terminate your Premium Service account, user name, password or use of the Service for any reason, including, without limitation, if Radiodile believes that you have violated or acted inconsistently with this Terms of Service. Radiodile may also in its sole discretion and at any time modify or discontinue providing the Service, or any part thereof, with or without notice. Further, you agree that Radiodile shall not be liable to you or any third-party for any interference with or termination of your access to the Service.
6. INTELLECTUAL PROPERTY RIGHTS
Radiodile and its licensors retain exclusive ownership of the Service and all intellectual property rights associated therewith. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trade secrets or trademarks with respect to the Service. Radiodile and its licensors reserve all rights not expressly granted hereunder. You shall promptly notify Radiodile in writing upon your discovery of any unauthorized use or infringement of the Service or any patent, copyright, trade secret, trademarks or other intellectual property rights of Radiodile or its licensors. The Service contains proprietary information that is protected by copyright laws and international treaty provisions.
Radiodile expressly disclaims any and all responsibility or liability for any action by you that is contrary to such law(s) and reserves the right to terminate your service immediately for your failure to comply with any such local, state or federal law.
7. TECHNOLOGY LIMITATIONS AND MODIFICATIONS TO SERVICE
Radiodile will make reasonable efforts to keep your account and the Service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. Radiodile will make reasonable efforts to notify you in advance of any anticipated downtime that will exceed one hour.
Radiodile also reserves the right to modify or discontinue, temporarily or permanently, functions and features of the Service with or without notice. As stated above, you also acknowledge and accept that any of the Third-Party Content Providers can discontinue their relationship with Radiodile at any time, rending those services inoperable. Radiodile shall not be liable to you or to any third party for any of the direct or indirect consequences of any modification, malfunction, suspension, discontinuance of or interruption to or of any of the Service.
8. ADVERTISEMENTS
Some of the Service may be supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Service, queries made through the Service or other information. The manner, mode and extent of advertising by Radiodile on the Service are subject to change without specific notice to you. In consideration for Radiodile granting you access to and use of the Service, you agree that Radiodile may place such advertising on the Service.
You shall not, and shall not authorize or encourage any third party to directly or indirectly click on any advertisements for the purposes of deception, fraud or other invalid and nefarious purposes. You shall not perform or cause to be performed, repeated manual clicks on ads, use of robots or other automated click methods. You will not edit, modify, or misappropriate and information contained in any Ad, Link, Ad Unit, or other advertising method or content.
You acknowledge that any attempted participation or violation of the advertising policy is a material breach of these Terms of Service and will result in the suspension of your use of the Service and/or termination of your Diamond membership.
9. OTHER CONTENT
The Service may include hyperlinks to other web sites or content or resources. Radiodile may have no control over any web sites or resources which are provided by companies or persons other than Radiodile. You acknowledge and agree that Radiodile is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources. You acknowledge and agree that Radiodile is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
10. LOG FILES
Like many other services, Radiodile makes use of log files. The information inside the log files includes internet protocol (IP) addresses, type of browser, Internet Service Provider (ISP), date/time stamp, referring/exit pages, and number of clicks to analyze trends, administer the site, track user’s movement around the site, and gather demographic information. IP addresses, and other such information are not linked to any information that is personally identifiable.
11. USE OF COOKIES
Please see our Privacy Policy for information as to Radiodile’s use of cookies.
12. DISCLAIMER OF WARRANTY
YOU AGREE THAT YOUR USE OF THE SERVICE SHALL BE AT YOUR SOLE RISK. THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SERVICE OR IT'S OPERATION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RADIODILE, IT'S OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS PARENT OR AFFILIATED ENTITIES AND ITS LICENSOR(S) DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.
RADIODILE MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE.
RADIODILE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY UNAUTHORIED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE; ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY; AND/OR ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR 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.
RADIODILE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND RADIODILE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
YOU UNDERSTAND THAT YOU MAY ENCOUNTER OFFENSIVE, INDECENT OR OTHER OBJECTIONABLE CONTENT, INCLUDING THIRD PARTY ADVERTISEMENTS, WHEN USING RADIODILE. WE WILL HAVE NO LIABILITY TO YOU FOR ANY SUCH CONTENT.
SOME OF THE CONTENT, PRODUCTS, AND SERVICES AVAILABLE THROUGH RADIODILE MAY INCLUDE MATERIALS THAT BELONG TO THIRD PARTIES. YOU ACKNOWLEDGE THAT RADIODILE ASSUMES NO RESPONSIBILITY FOR SUCH CONTENT, PRODUCTS OR SERVICES.
AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
13. LIMITATION OF LIABILITY
YOU ASSUME AND RETAIN THE ENTIRE RISK ARISING OUT OF USE AND/OR PERFORMANCE OF THE SERVICE. IN NO EVENT SHALL RADIODILE OR IT’S OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS PARENT OR AFFILIATED ENTITIES AND ITS LICENSOR(S) BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION - DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS, ARISING OUT OF THESE TERMS OF SERVICE, OR THE USE OF, OR INABILITY TO USE, ANY SERVICE, EVEN IF RADIODILE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE ABOVE LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN NO EVENT SHALL RADIODILE OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS PARENT OR AFFILIATED ENTITIES AND ITS LICENSOR(S) BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT PAID FOR THE SERVICE.
YOU SPECIFICALLY ACKNOWLEDGE THAT RADIODILE SHALL NOT BE LIABLE FOR THE CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
14. INDEMNIFICATION
To the extent permitted by applicable law, you agree to indemnify and hold Radiodile or its officers, directors, employees, and agents parent or affiliated entities and its licensor(s) harmless from any claim or demand, damages, obligations, losses, liabilities, costs or debt, and expenses, including reasonable attorneys' fees, made by any third party due to, or arising out of or related to your violation of these Terms of Service, your use, access and/or abuse of the Service, or your violation of any law, regulation or third-party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive these Terms of Service and your use of the Service.
15. LANGUAGE
Where Radiodile has provided you with a translation of the English language version of the Terms of Service, you agree that the translation is provided for your convenience only and that the English language versions of the Terms of Service will govern your relationship with Radiodile.
If there is any contradiction between what the English language version of the Terms of Service says and what a translation says, then the English language version shall take precedence.
16. DISPUTE RESOLUTION
You agree that any dispute, claim or controversy arising out of or relating in any way to the Service or your use thereof, shall be determined by mandatory binding arbitration. You and Radiodile expressly agree that all legal proceedings are subject to the exclusive jurisdiction and venue of Clark County, Nevada or Broward County, Florida and any dispute, claim or controversy that arises in connection with the Service shall be brought within those counties. You expressly consent to jurisdiction and venue within Clark County, Nevada or Broward County, Florida.
You and Radiodile agree that arbitration must comply with the following rules:
(i) the arbitration shall be conducted by telephone, online and/or be solely
based on written submissions; (ii) the arbitration shall not involve any
personal appearance by the parties or witnesses unless otherwise mutually agreed
by the parties; and (iii) any judgment on the award rendered by the arbitrator
may be entered and enforced in any court of competent jurisdiction; and (iv) the
decision of the arbitrator will be final except for a limited right of appeal
under the United States Federal Arbitration Act. Any Dispute resolution
proceedings, whether in arbitration or court, will be conducted only on an
individual basis and not in a class or representative action or as a named or
unnamed member in a class, consolidated, representative or private attorney
general legal action
Class Action Waiver
Neither you nor Radiodile will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.
Severability
If the class action waiver set forth herein, or any other provision of this Dispute Resolution Section is found to be illegal or unenforceable as to all or some aspects of a dispute, then that section will not apply to those aspects. Instead, those aspects will be severed and proceed in a court of law, with the remaining aspects proceeding in arbitration, and the remainder of this Section will remain in full force and effect.
17. GOVERNING LAW
These Terms of Service shall be governed by the laws of the State of Nevada, United States of America, without regard to or application of any choice of law or conflict of law provisions.
In the event of litigation, as defined by the filing of a legal complaint in any forum or jurisdiction arising out of the Service, or these Terms of Service, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs.
18. MISCELLANEOUS
No delay or failure to take action under these Terms of Service shall constitute any waiver by Radiodile of any provision of these Terms of Service.
If any provision of these Terms of Service is invalid or unenforceable under applicable law, it is, to that extent, deemed omitted and the remaining provisions will continue in full force and effect. These Terms of Service will bind and inure to the benefit of each party's permitted successors and assigns. Radiodile may assign this agreement as it deems appropriate for any reason at any time. These Terms of Service are personal to you and may not be transferred, assigned or delegated to anyone. Any attempt by you to assign, transfer or delegate them shall be null and void. These Terms of Service constitutes the complete and exclusive agreement between Radiodile and you with respect to the subject matter hereof and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein.
CONTACT US
If you have questions about the Terms of Service or would like to make a complaint, please contact:
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Radiodile - Terms of Service
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