General Terms of Service: October 10th 2019
In order to use the Service, you must agree to the following:
- General Terms & Conditions
- Changes to These Terms. We may change these Terms at any time, and if we do, we will try to notify you beforehand of any material changes that may apply to you, although this may not always be possible. If we should revise these Terms, your continued use of the Service after such revision will constitute your agreement to such revised Terms. If you do not agree to any of these Terms, as they may be revised then your sole remedy is to delete your account which will terminate these Terms.
- User Eligibility. The Service is restricted for use by any persons under the age of 14 or for any users previously removed or banned from the Service by us. By using the Service, you state that: (i) you can form a binding contract with Social Radio Company Inc.; (ii) you are not a person who is barred from receiving the Service under the laws of the United States, Canada, the United Kingdom, Australia or any other applicable jurisdiction; (iii) you will comply with these Terms and all applicable local, state, national, and international laws, rules, and regulations.
If you are using the Service on behalf of a business or some other entity, you state that you are authorized to grant all licenses set out in these Terms and to agree to these Terms on behalf of the business or entity.
IF YOU ARE UNDER FOURTEEN (14) YEARS OF AGE, YOU ARE PROHIBITED FROM USING THE SERVICE AND MUST TERMINATE YOUR ACCOUNT AND DELETE THE APP IMMEDIATELY IF ALREADY INSTALLED.
- Mobile Services. The Service is accessible via mobile phone, tablet or other wireless device (collectively, “Mobile Services”) and your use of the Mobile Services constitutes your acknowledgement and acceptance of your mobile carrier’s normal messaging, data, and other rates and fees, which may apply. You are solely responsible for verifying with your mobile carrier as to whether the Mobile Services are available for your mobile device(s), and what restrictions or additional cost, if any, may be applicable to your use thereof.
- License. The Company grants you a personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable license to access and use the Service. This license has the sole purpose of enabling you to use and enjoy the benefit of the Service in the manner permitted by these Terms. You may not copy, modify, distribute, sell, or lease any part of our Service, nor may you reverse engineer or attempt to extract the source code of that software, unless applicable laws prohibit these restrictions, or you have our written permission to do so.
- Company Trademarks; Copyrights. You must respect the rights of the Company and its affiliates. These Terms do not grant you any right (or to enable anyone else) to do any of the following: (i) use branding, logos, designs, photographs, videos, or any other materials used in our Service; (ii) copy, archive, download, upload, distribute, syndicate, broadcast, perform, display, make available, or otherwise use any portion of the Services or the content on the Services except as authorized in these Terms; (iii) use the Service, any tools provided by the Service, or any content on the Service for any commercial purposes without our consent.
- No Transfer or Assignment. You may not transfer or assign the Service, these Terms, and/or any rights or obligations hereunder without our prior written consent.
- Termination for Breach. If you breach any of your material obligations under these Terms, we may terminate your account and confiscate any Virtual Items therein.
- Reservation of Rights. The Company reserves all rights not expressly granted to you in this Section 1. Accordingly, nothing in these Terms or on the Service will be construed as granting to you, by implication, estoppel, or otherwise, any additional license rights in and to the Service or any Company Content (defined below) or trademarks located or displayed therein.
- Tin Can User Accounts.
- Account Creation. In order to access the full benefits of the Service, you will have to create a Tin Can account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, including safeguarding your password and/or credentials used to access the Service, as well as any activities that occur through your use of such password and credentials. You are responsible for the security of your account. If you suspect or know of any unauthorized use of your log-in credentials or any other breach of security with respect to your Account, please notify the Company immediately at: firstname.lastname@example.org.
- Terms of Service; Users. All users of the Service who view and/or transmit User Content (defined below) are referred to herein collectively as “Users.”
- Public Accounts. The Service enables Users to create, transmit, and view live and recorded stream audiovisual content (“Broadcast Content”). All User activity on the Service, including the broadcasting of and commenting on any Broadcast Content is publicly available on the Service. Notwithstanding the guidelines and restrictions set forth in our Terms of Service and Community Guidelines, User discretion on the Service is advised.
- User Content
- Definitions. As used in these Terms, “User Content” means any content that Users upload, post, record, or transmit (collectively, “Post”) to or through the Service, including, without limitation, any Broadcast Content, comments or other text, photographs, and sound recordings, and excludes any and all “Company Content,” which is defined as content that the Company provides to Users on or through the Service, including without limitation, any text, graphics, photos, software, and interactive features.
- No User Content Screening. Users have the ability to Post User Content to, or transmit through, the Service. While we endeavor for all User Content to comply with our Community Guidelines (available for viewing on the App), we do not pre-screen any User Content submitted or publicly Posted by any User except recorded content. We do however have the right, to delete, disallow, or temporarily or permanently block any User Content that (i) we consider to be in violation of these Terms, our Community Guidelines, or any applicable law, or (ii) in response to any complaint(s) from other Users, with or without notice. The Company does not guarantee the accuracy, integrity, truthfulness, appropriateness or quality of any User Content, and any use or reliance by you on any User Content is at your own risk and Company shall not be held liable for any such User Content under any circumstances.
- User Content Ownership; License. You are the owner and retain the rights to the User Content Posted and displayed on and through the Service by you, but you grant us a worldwide, assignable, sublicensable, royalty-free license to reproduce, distribute, publicly display, transmit, communicate to the public, make available, create derivative works from, and otherwise exploit and use all User Content you Post to or through the Service by any means and through any media and formats now known or hereafter developed, for the purposes of (i) advertising, marketing, and promoting the Company and the Service; (ii) displaying and sharing your User Content to other Users of the Service; and (iii) providing the Service as authorized by these Terms. If you terminate your account or remove any of your User Content from the Service after it has been Posted, then your license grant with respect to your User Content is perpetual and irrevocable. You further grant us and our affiliates and business partners an unrestricted, worldwide, royalty-free license and right to use your user name, image, voice, and likeness to identify you as the source of any of your User Content. You must not post any User Content on or through the Service or transmit to us any User Content that you consider to be confidential or proprietary. Any User Content posted by you to or through the Service or otherwise transmitted to us will be considered non-confidential and non-proprietary, and treated as such by us, and may be used by the Company in accordance with these Terms without notice to you and without any liability to the Company. For the avoidance of doubt, the rights granted in the preceding sentences of this Section include, but are not limited to, the right to reproduce your User Content on a royalty-free basis. This means that you are granting the Company the right to Use your User Content without the obligation to pay royalties to you or any third party involved in the creation of your User Content.
- Advertisements. The Service may also contain advertisements. In consideration for us letting you access and use the Service, you agree that we and our affiliates, and our third-party partners may place advertising on the Service, including personalized advertising based upon the information you provide us, or we collect or obtain about you. Because the Service contain content that you and other Users provide us, advertising may sometimes appear near, between, over, or in your User Content.
- User Content Restrictions. By Posting User Content to the Service, you must abide by the following restrictions: (i) you must own the User Content Posted by you on or through the Service or otherwise have the right to grant the license set forth in these Terms; (ii) the Posting and Use of your User Content on or through the Service must not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person; (iii) the Posting of your User Content on the Service must not require us to obtain any further licenses from or pay any royalties, fees, compensation or other amounts or provide any attribution to any third parties; and (iv) the Posting of your User Content on the Service must not result in a breach of contract between you and a third party, nor will it be in violation of any applicable law or regulation.
- Waiver of Rights to Inspect or Review User Content. By Posting User Content to or through the Service, you waive any rights to prior inspection or approval of any marketing or promotional materials related to such User Content. You also waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with your User Content, or any portion thereof. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights, or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any User Content you Post to or through the Service.
- User Comments. If you submit or Post your User Content on or through the Service, such content may be distributed, viewed and accessed and commented by other Users and we will not be held liable for any unauthorized use of User Content or comment thereon by any User, under any circumstance.
- Prohibited Content. You are prohibited from Posting, any User Content to the Service considered to be “Prohibited Content” as determined solely by us, which includes, without limitation:
- Sexually Explicit Material (i.e. pornographic or erotic content, including icons, titles, sounds, voices, photos or descriptions). We have a zero-tolerance policy against child sexual abuse imagery. If we become aware of any User Content containing any child sexual abuse imagery, we will report it to the appropriate authorities immediately and delete the submitting User Accounts; and pursue maximum legal actions
- Violence and Bullying (i.e. User Content may not contain materials that threaten, harass or bully other Users or third parties, including depictions of violence, gratuitous or otherwise, to any person place or property, or inciting violence, including suicide); and
- Hate Speech (i.e. User Content may not promote bigotry, discrimination, hatred, intolerance, or racism, or target against any person or groups of persons based on their race or ethnic origin, religion, disability, gender, age, nationality, veteran status, sexual orientation, or gender identity); and
- Sensitive Events (i.e. User Content which may be deemed as capitalizing on or lacking reasonable sensitivity towards a natural disaster, atrocity, conflict, death, or other tragic event are not permitted); and
- Unlawful Activity (i.e. use of the Service for any illegal or unlawful purpose, including, without limitation, stalking and sexually exploiting any User); and
- IP Infringement (i.e. User Content which infringes on any third party’s rights, including copyright, trademark, privacy and publicity rights).
- All legal actions will be pursued vigorously for all above offenses against minors, as the User Account will be suspended immediately at the same time.
- Copyright Infringement
- We respect copyright law, and we expect that our community of Users will do the same. We therefore take reasonable steps to expeditiously remove from our Service any infringing material that we become aware of. Furthermore, if we become aware that a User has repeatedly infringed copyrights, we will take reasonable steps within our power to terminate that User’s account.
If you believe that anything on the Service infringes a copyright that you own or control, you can report the suspected infringement by filing a notice with our designated Copyright Agent at:
Social Radio Company Inc.
Attn: Copyright Team
Email: report@socialradiocompany with a subject “Copyright Infringement”
If you file a notice with our Copyright Agent, it must:
- Contain a physical or electronic signature of a person authorized to act on behalf of the owner;
- Identify the copyrighted work claimed to have been infringed;
- Identify the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;
- Provide your contact information including your address, telephone number, and if available, an email address;
- Provide a personal statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law, and;
- Provide a statement, made under penalty of perjury, that the above information in the notification is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
- General Use of the Service
- Our Service is constantly evolving and improving, which means that we may add or remove features, products, or functionalities, and we may also permanently or temporarily suspend or stop providing the Service or any features within the Service altogether, at any time. While we will try to notify you before we take any of these actions, this won’t always be possible.
- By using the Service, you agree that:
- you will not distribute in any medium any part of the Service or the Company Content without our prior written authorization, unless we make available the means for such distribution through functionality offered by the Service; and
- you will not alter or modify any part of the Service; and
- you will not attempt to circumvent any content-filtering techniques we employ, or attempt to access areas or features of the Services that you are not authorized to access; and
- you will not use the Service for any of the following commercial uses unless you obtain our prior written approval: (a) the sale of or access to the Service; or (b) the sale of advertising, sponsorships, or promotions placed on or within the Service, User Content, or Company Content.
- Features of the Service - Virtual Items
- The Service offers a feature allowing users to 'purchase' (a) virtual currency, including but not limited to virtual coins (“Tin Coins”) for use in the Service; or (b) virtual in-Service items (“Gifts”). Any Coins and/or Gifts that are gifted to Users (or received by you) within the Service are converted to Virtual “Tin Cash” in the receiving User’s User Account. Virtual Coins, together with Gifts and Tin Cash, are hereafter collectively referred to as 'Virtual Items.” The purchase or obtainment of any Virtual Items must be made lawfully, under legitimate means, and with actual currency or a process defined by Social Radio Company Inc. Any Virtual Items obtained illegally or fraudulently will result in suspension, freeze or termination of User account. Notwithstanding your purchase or possession of such Virtual Items, you do not in fact 'own' the Virtual Items, and the amounts of any Virtual Item do not refer to any credit balance of real currency or its equivalent. Rather, Company grants you a limited license to use the Service, including software programs that may manifest themselves as these items.
- By your use of the Service, and particularly Virtual Items, you agree that our distribution of any Virtual Items currently in your account (i.e. as a virtual 'tip' to any other User's account) may result in some revenue to such recipient User, as determined in Company's sole discretion, and is made solely at your own discretion; Once you have confirmed a transfer of any Virtual Item to another user's account, the action cannot be undone and the Virtual Item cannot be withdrawn. Notwithstanding, Company makes no guarantee that the amount or value of the Virtual Items you may give a User will correlate to the revenue such User may receive from us when they cash-out.
- The purchase of Virtual Items is a completed transaction upon Company's confirmation of electronic payment from you via the iTunes App Store or Google Play. Any virtual currency balance shown in your User Account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your license to the Virtual Items within the Service. You will not be able to sell Virtual Items in exchange for virtual or real currency credited back to your User Account, nor will you be able to receive a refund (“Refund”) of virtual or real currency for Virtual Items (including any virtual currency), including if your access to the Service has been suspended, limited or terminated pursuant to these Terms.
- We determine the value (i.e. the exchange rate) of the Virtual Items in our sole discretion, based on your country of origin, and we have the right to modify the purchase exchange rate between actual currency and Virtual Coins from time to time, with or without reason, in our sole discretion. By your use of the Service, you confirm your understanding of and agree to accept the then-current exchange rate of any Virtual Items at the time of your purchase.
- By your use of the service, you agree that your use of any purchased Virtual Items shall be solely for legitimate purposes within the Service, and that such use will comply with all applicable laws at all times (i.e. no exchanging of Virtual Items for any activity, product, conduct or services deemed unauthorized by these Terms or our Community Policy).
- By your use of the Service and particularly Virtual Items, you confirm your understanding that the purchase of Virtual Items requires actual money. If you disagree with any part of, or do not fully understand our exchange rate policy, do not purchase or use any Virtual Items in connection with the Service, or terminate your account.
- By your use of the Service and particularly Virtual Items, you confirm your understanding that we may change, modify or update these Terms, or the terms of sale in connection with the Virtual Items from time to time, and that such revised terms will apply to all subsequent purchases of any Virtual Items, and you agree that you will review these Terms and any terms regarding the sale of Virtual Items prior to making any purchase.
- In the event your account balance is incorrect due to system maintenance or other technical failures as determined solely by us, we agree to make all necessary corrections and adjustments with respect to your account balance. If you have any questions, concerns or suggestions regarding purchases and/or payments regarding the Service, you may contact us at email@example.com.
- User Inactivity. If your account remains inactive for six (6) consecutive months, all of your Virtual Items may be frozen. To unfreeze any such Virtual Items, you must email us at firstname.lastname@example.org and request that we unfreeze your account. Upon receipt of your request and review of your information, we will unfreeze your Virtual items within no later than Fourteen (14) days.
- Virtual Tin Cash – Cashing-Out
- Notwithstanding the above restriction regarding Refunds, any Tin Cash or Virtual Items stored in your User Account that exceeds certain value in Tin Cash, either by your own purchase or by receipt from another User may be 'cashed-out' for actual currency (each transaction, a “Cash-Out”). The threshold value in Tin Cash, and the value of currency received from any Cash-Out will be based on an exchange rate and in a currency form determined by us, based on the location where you are using the Service, which we may set and change from time to time in our sole discretion. The Cash-Out exchange rate may also change due to the fluctuating value of the Coins, which may change between the time they were purchased and the time you decide to Cash-Out.
- You must have an active payment receiving account to Cash-out. Your receiving account will be linked to your User Account when you Cash-Out and the payment will be processed within ninety (90) business days following any Cash-Out request.
- The amount of any Cash-Out cannot exceed the amount of available funds in your User Account (as determined by the then-determined value of Virtual Items in your account). Depending on the location where you are using the Service, we have established minimum amounts required for any Cash-Out, as well as maximum amounts you may Cash-Out per day.
- We do not charge a withdrawal fee to Cash-Out, however, you are solely responsible for checking policy details and applicability of transaction fees in connection with the applicable electronic cash transfer service utilized in your Service location.
- Each Cash-Out request will be manually approved by Company staff for security reasons which may take up to Ninety (90) days following the Cash-Out request. Cash-out requests involving suspicious account activity and/or information may be denied. In some circumstances, the third-party transfer service provider processing the Cash-out request may place your Cash-Out funds received on a temporary hold based on minimal or no previous transaction history with Company to demonstrate a pattern of positive money exchanges. In the event such a hold occurs, please contact us for details at email@example.com. In any event, we will not be responsible in any way for any financial holds initiated by your electronic cash transfer service.
- Confiscation of Virtual Items Due to Termination or Fraud
- IMPORTANT: We take fraud extremely seriously. In addition to taking any applicable and necessary legal action, we have the right to permanently confiscate any Virtual Items from any User Account that we determine were purchased or acquired using fraudulent means; this includes confiscation of any Virtual Gifts received by you from another User in which such Virtual Gifts were purchased fraudulently. In the event we determine that any Virtual Items in your possession were fraudulently purchased, we will notify you prior to confiscation and allow you an opportunity to make an appeal via the app.
- If we terminate your account for fraud, any outstanding Virtual Items remaining in your account at the time of termination may be irrevocably confiscated, accordance with our Account Termination Policy specified below.
- VIP Subscriptions
- Users may upgrade their account to a VIP subscription for access to additional “bonus” features and privileges within the Service. Detailed rules for the VIP subscription may be found at the VIP section within the App.
- Initiation or termination of a VIP subscription must be done through the iTunes App Store or Google Play, which may be subject to a sales tax in your area. Note: you are responsible for checking the Terms of Service of your app store for details and applicability of sales tax.
- Term and Termination of These Terms
- Term. As between you and the Company, the Term of these Terms of Service, as it may be amended, commences as of the date of your first use of the Service and continues until the termination of these Terms by either you or the Company.
- Termination. You may terminate these Terms by terminating your account, deleting your account and the app from any mobile devices in which it is installed, and terminating all other uses of the Service. If you wish to delete any of your User Content from the Service, then you may be able to do so using the permitted functionalities of the app, but the removal or deletion of such User Content will not terminate these Terms. We have the right to restrict, suspend, or terminate these Terms and your access to all or any part of the Service at any time without prior notice or liability if you breach any provision of these Terms or our Community Policy, or violate the rights of any third party copyright owner. We will make reasonable efforts to notify you of such termination via the email address associated with your account or the next time you attempt to access your account, depending on the circumstances, however this may not always be possible.
- By your use of the Service, you agree that if we terminate your account for cause, all of or your User Content and Virtual Items stored on the Service will be confiscated. In other words, play by the rules and adhere to these Terms of Service, and the Tin Can Community Policy; failure to do so will result in the loss of your account and all of its assets.
- Appeals. If we terminate your account or confiscates any Virtual Items for cause, you will have an opportunity to appeal such decision. All information regarding the appeals process will be provided to you via the app at the time of any termination or confiscation of Virtual Items.
- Survival. Sections 1, 2.I, 3.II-3.IX, 4, 5.III, 5., 7.II-7.IV, 8.V, 9.II, 11.II-11.V, and12 through 17, will survive the termination of these Terms indefinitely.
- Consent to Electronic Communications
- Dispute resolution; arbitration.
- Some of our Services may have additional terms that contain dispute-resolution provisions unique to that Service or your residency.
If you are using the Service on behalf of a business (rather than for your personal use), you and the Company agree that to the extent permitted by law, all claims and disputes between us arising out of or relating to these Terms or the use of the Service will be finally settled by the laws of United States of America. If you do not wish to agree to this clause, you must not use the Service
- Exclusive venue; Choice of law
- To the extent the parties are permitted under these Terms to initiate litigation in a court, both you and the Company agree that all claims and disputes (whether contractual or otherwise) arising out of or relating to the Terms or the use of the Services will be litigated exclusively in the courts of State of California, United States of America, unless this is prohibited by the laws of the country where you reside. You and the Company consent to the exclusive jurisdiction of those courts.
- The laws of State of California, United States of America govern these Terms and any claims and disputes (whether contractual or otherwise) arising out of or relating to these Terms or their subject matter. The courts in some countries may not apply the laws of State of California, United States of America to some disputes related to these Terms. If you reside in one of those countries, the laws of your home country may apply to those disputes.
- Disclaimers; Limitation of Liability
- The Service is provided “as is” and “as available” and to the extent permitted by law without warranties of any kind, either express or implied, including, in particular implied warranties, conditions, or other terms relating to (i) merchantability, satisfactory quality, fitness for a particular purpose, title, quiet enjoyment, non-infringement, or (ii) arising from a course of dealing. In addition, while the Company attempts to provide a good user experience, we do not represent or warrant that: (a) the Service will always be secure, error-free or timely; (b) the Service will always function without delays, disruption or imperfections; or (c) that any content or information you obtain through the Service will be timely or accurate.
IF THE LAW OF THE COUNTRY WHERE YOU LIVE DOES NOT ALLOW THE EXCLUSIONS OF LIABILITY PROVIDED FOR IN THIS CLAUSE, THOSE EXCLUSIONS SHALL NOT APPLY.
Social Radio Company Inc, and its affiliates take no responsibility and assume no liability for any content that you, another user, or a third party creates, uploads, posts, sends, receives, or stores on or through our Service. You understand and agree that you may be exposed to content that might be offensive, illegal, misleading, or otherwise inappropriate, none of Social Radio Company Inc, nor its affiliates will be responsible for.
Nothing in these Terms will exclude or limit any responsibility we may have to remove content if so required by the law of the country where you live.
- The Company, and our affiliates, officers, directors, employees, agents, suppliers and licensors will not be liable for any indirect, incidental, special, consequential, punitive, or multiple damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill or other intangible losses, resulting from: (a) your use of the Service or inability to use the Service; (b) your access to or inability to access the Service; (c) the conduct or content of other users or third parties on or through the Service; or (d) unauthorized access, use or alteration of your content. In no event will the Company or their affiliates’ aggregate liability for all claims relating to the Service exceed the amount you paid the Company in the last 12 months in connection with paid features of the Service.
IF THE LAW OF THE COUNTRY WHERE YOU LIVE DOES NOT ALLOW ANY LIMITATION OF LIABILITY PROVIDED FOR IN THIS CLAUSE, THAT LIMITATION WILL NOT APPLY
- By your use of the Service, you agree, to the extent permitted by law, to indemnify, defend and hold harmless Social Radio Company Inc. and its affiliates, directors, officers, stockholders, employees, licensors, suppliers, and agents from and against any complaints, charges, claims, damages, losses, costs, liabilities and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to: (a) your access to or use of the Service; (b) your User Content; and (c) your breach of these Terms.
- Third Party Disputes
- To the fullest extent permitted by law, any dispute you have with any third party arising out of your use of the Service, including, by way of example and not limitation, any carrier, copyright owner or other user, is directly between you and such third party, and you agree to release the Company from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
- These Terms constitute the entire agreement between you and the Company and supersede all prior agreements.
- These Terms will inure to the benefit of our successors and assigns and we reserve all rights not expressly granted to you. You may not assign these Terms or any of the rights or licenses granted hereunder, directly or indirectly, without our prior written consent. We may assign these Terms or any of the rights or obligations hereunder, to any third party without the need to provide notice to you. If we do not enforce a provision in these Terms, it will not be considered a waiver. The invalidity or unenforceability of any provision of these Terms will not affect the validity or enforceability of any other provision, the remaining provisions being deemed to continue in full force and effect.
- You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or your use of the Service.
- Contact: If you have any questions or comments about these Terms or your use of the Service, please contact us at firstname.lastname@example.org.
Last Update: October 10th 2019