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GENERAL CONDITIONS OF USE FOR THE "Radioline" SERVICE

PREAMBLE
The object of the present general conditions of use (hereafter the "GCU") is to define the terms and conditions in which RADIOLINE SAS (hereafter "Radioline"), registered with the Commercial Registry of Paris as number B 498 698 919, having its head office at 36, rue de Turin, 75008 Paris, makes available to users certain features of the "Radioline" online service (hereafter the "Service").
The Service is accessible via the Portal (or the mobile application) which provides direct, ondemand access to different radio stations and allows Users to listen to the programmes broadcast by the radio stations listed on the Portal free of charge. Some functions of the Service are available without subscribing, but to make full use of the Service, including the advanced functionalities, the User must subscribe and become a Member.
The Service is open to all adults or minors authorised by a parent who wish to use the Service for their own purposes on a strictly personal and non-commercial basis.
Access to and use of the Service are subject to these General Terms and Conditions, which the User expressly accepts when subscribing to the Service.
ARTICLE 1 - DEFINITIONS
In the present GCU, unless otherwise specified, the following terms have the meaning given to them in this article:
Account: means the space created by the User in order to become a Member and use all the functionalities of the Service, and in which the Member saves his personal information, links to the Streams he has selected and the references for musical titles.
Flow: means the radio and podcast services listed in the Service for which Radioline has digital user rights.
Member: means any individual who has registered for the Service for his own needs within the framework of strictly personal, non-commercial use.
The Member accesses his Account by entering his User ID.
User ID: means the ID and password chosen by the User when creating his Account. The User ID is strictly personal and confidential.
My Lists: means lists of selected Flows organised by the Member.
Podcast: means thematic programmes predefined by the radio services and composed of recordings of shows that have already been broadcast linearly.
Portal: means the www.Liveradio.fr and www.liveradio.fm Internet sites from which the User and/or the Members may access the Service.
Service: means a public communication service called "Radioline" that uses electronic means and is accessible from the Portal.
User: means any individual, whether or not he is a Member of the Service.
ARTICLE 2 - OBJECT
The object of the present GCU is to define the terms and conditions in which the Service is made available to the Members by Radioline.
ARTICLE 3 - ACCESS TO THE SERVICE
3.1 Technical prerequisites
Use of the Service requires the User to have a compatible terminal, access to the internet and may also require occasional upgrades. Consequently, the User's access to the Service may be affected by the performance of any one of these elements.
The User recognises and accepts that it is his responsibility to procure all the equipment described above. The User also recognises and accepts that simply owning the necessary equipment does not guarantee access to the Service.
In order to benefit from the Service, the User must have access to the internet on his terminal and it is his responsibility to ensure that he has subscribed to an offer which provides such access and, if necessary, to check the billing procedures for use of the Service. Radiolinedeclines all responsibility for the costs billed by the User's mobile telephone operator for use of the Service.
3.2 Process to Register for Features
To access and use the optional services, the User must register via the Portal, indicating the information required to register his Account on a registration form (such as his last and first names, a valid email address, a user ID, birth date, gender, country in which he resides, a specific personal password and his favourite types of radio).
Moreover, to validate his registration, the User must read and accept these General Conditions of Use.
An email confirmation will then be sent to the Member at the email address indicated.
Once the registration process has ended, the Member may access and personalise his "My Favourites" and "Radio Starter" sections, and associate Radioline devices with his account.
The Member may log off from the Service at any time (via the log off field). When next using the Service, he re-enters his ID to log into the Service or may consult the Service as a User.
ARTICLE 4 - DESCRIPTION OF THE SERVICE FEATURES
4.1 Functionalities on offer to Users
The Service allows Users to listen to the Streams free of charge and whenever they wish; this is not conditional on any purchase or download.
4.2 Functionalities for Members only
The Service allows Members to access advanced functionalities and to:
-Turn on the radio channel they have chosen as soon as they log into the Service,
-Create lists of their favourite Streams in order to find them more easily in their Account,
-Receive recommendations concerning radio programmes and the broadcasting of podcasts as a function of the preferences expressed by the Member and his track record,
-Record the references of the songs, albums or artists they like with a view to purchasing them using Radioline's services,
-Synchronise the Member's Radioline listening devices with the Account created on the Portal,
-Share their musical references on the social networks they belong to, including Facebook,
-Receive a newsletter.
ARTICLE 5 - SERVICE PERIOD
Subscription to the Service is valid for an indefinite period. It takes effect immediately after the Account has been created.
If the subscription is terminated under the terms of article 11 of these General Terms and Conditions, access to the Service is cancelled and the Member's profile is deleted within 7 days.
ARTICLE 6 - SERVICE FEE
The Service is made available to the User at no cost (excluding connection and Internet access costs).
In case of modifications to the rates for access to the Service or to the functionalities, the User is informed as stipulated under the terms of article 7.
ARTICLE 7 - SERVICE MODIFICATIONS
Radioline reserves the right to change and/or adapt and/or correct the Service characteristics and features.
In case of major modifications to the Service Radioline informs the User by publishing the information in the "News about the service" section on the sites www.Liveradio.fr and www.liveradio.fm
The User chooses between ceasing to use the Service or continuing to use the Service in accordance with the new General Terms and Conditions.
ARTICLE 8 - USERS' RESPONSIBILITY AND GUARANTEES
The User undertakes to use the Service in accordance with the use for which it is intended and is asked to demonstrate good judgement and prudence regarding the information he accesses using the Service. The User is informed that he uses the Service entirely under his own responsibility and that any abuse of the Service is forbidden, particularly its use for commercial purposes.
The alias selected must not (a) breach a copyright, trademark or any other third party property right, (b) breach privacy or other personal rights, (c) personate another individual or User, (d) prejudice public order, good morals or breach any other legal term or condition.
The Member undertakes to ensure that the information provided at the time of registration is reliable, true and constantly updated. If the Member provides false, inaccurate or incomplete information, Radioline may immediately terminate the Account as soon as it becomes aware of the situation.
The User has sole responsibility for the User ID which provides access to the Service and for keeping it confidential. Radioline accepts no responsibility whatsoever for the consequences that may result from any disclosure, even accidental, of the ID to third parties.
The Member will also refrain from attempting to mislead third parties by usurping the name or business name of other people or entities and, in particular, from pretending to be an Radioline employee.
The Member undertakes to advise Radioline of any unauthorised use of his Account or any other breach of the security of his Account.
In case of the non-respect of the rules described above and, in general, the entirety of the General Terms and Conditions, Radioline reserves the right to unilaterally delete the Member's Account with no further justification and to block the Member's access to the Service. The User will be informed of any termination at the initiative of Radioline by electronic mail sent to his e-mail address.
The User has sole responsibility for any damage caused by him or by one of his agents to the Company or to third parties due to his use of the Service.
The User may not distribute any virus or computer file or other malicious data or programmes that may contain viruses, Trojan Horses or Worms intended to damage or interfere with the proper running of the Service. The User may not transmit items or data of any nature whatsoever that may breach prevailing laws and regulations, or that are of a threatening, shocking or defamatory nature or that may harm the reputation of individuals or the integrity of goods. The User may not use the Service to transmit any unsolicited or unauthorised advertising, including spam and junk mail, as may not commit any act the consequences of which would harm third parties.
The User also acknowledges that he has been informed of the characteristics and the limits of the internet and acknowledges that he is fully aware of the nature of the internet, particularly its technical limits and the response times for viewing, consulting or transmitting information and that Radioline may not be held responsible in this respect.
ARTICLE 9 - RADIOLINE'S RESPONSIBILITY
Radioline provides Users with various functions related to independent radio stations. Under no circumstances may Radioline be held responsible for malfunctions of the said radio station or for problems due to malfunctions of the internet.
Radioline is responsible for implementation of the resources necessary for the smooth operation of the Service and will take the necessary measures to maintain the continuity and high quality of this Service. However, the Service may become unavailable or be interrupted, in particular when maintenance or update operations are required.
Radioline may not be held responsible should the User not use the Service in accordance with these General Terms and Conditions or French regulations and particularly in cases of fraudulent usage, identity theft, harassment, abuse or any attacks whatsoever on people or their rights.
Radioline may not be held responsible for any damages occurring as a result of force majeure or the actions of a third party.
Radioline may under no circumstances be required to make good any indirect damage suffered by a User when using the Service. Indirect damage is damage that does not directly and exclusively result from shortcomings in the services provided by Radioline.
ARTICLE 10 - SUSPENSION - TERMINATION
10.1 Cases for suspension or termination by Radioline
Radioline reserves the right to suspend or stop the Service at any time and for any reason whatsoever. Should the Service be suspended or stopped the User will be informed by an information screen when logging onto the Service.
Radioline reserves the right to suspend as of right the "My Account" space of one or more Users without notice or indemnity in the following events:
- use of the Service by a Member that breaches these General Terms and Conditions and, in general, any illicit use of the Service,
- any hacking or attempted illegal use of content available on the Portal or information stored on the Accounts caused by or originating from the "My Account" space of a Member;
- commercialisation of the Service in any form whatsoever by a Member to one or more third parties or the abusive use of the Service.
Notwithstanding the foregoing, Radioline reserves the right to proceed with the termination of the "My Account" space of the Member without notice or indemnity if the information or Identifier provided by the Member contains content that is obviously illegal.
10.2 Termination by Radioline
At the end of a eight (8) day suspension period, Radioline may terminate the Account of a User as of right for one of the reasons listed in Article 11.1 if the cause of the suspension has not been remedied during this period, unless it grants an additional period to a User acting in good faith to comply with his obligations, in which case the termination will take effect at the end of this new period.
10.3 Termination by a Member
The Member may ask for the Account to be terminated should Radioline not fulfil its contractual obligations.
10.3 Termination of the Account in case of changes to the conditions of provision of the Service In the cases described in Article 7 above, the User may terminate his Account once Radiolinehas notified the changes to the conditions of provision of the Service in the conditions described in article 12.2.
ARTICLE 11 - TERMINATION
11.1 Termination by Radioline
All termination or suspension by Radioline for the cases described in Article 10.1 above will be notified by email adressed to the email adress given by the Member. Notwithstanding the foregoing, Radioline reserves the right to proceed with the termination of the "My Account" space of the Member without notice or indemnity if the Member cannot prove that he is not responsible for the considered breach within the delay mentioned in Article 10.2.
11.2 Termination by a Member
An Account may be terminated on the initiative of a Member directly by the Member from the "My Account" space or by asking GIE Radioline Portails by email under the "Contact" section on the www.Liveradio.fr or www.Liveradio.fm sites.
ARTICLE 12 - ASSIGNMENT
A Member may not assign to a third party any of the rights and obligations incumbent upon him under these General Terms and Conditions.
ARTICLE 13 - USER DATA
13.1. Personal Data
The Member is solely liable for the data communicated via the Service and declares that the data provided has been correctly and accurately entered. The data collected within the framework of the Service is processed and used by Radioline for the provision of the Service and to send the Member information emails.
Pursuant to Law No. 78-17 dated 6 January 1978, the processing of personal data gathered and used by Radioline in the context of providing the Service is declared to the CNIL (French freedom of information commission) in accordance with legal requirements. However, the Member may at any time access his personal data in the possession of Radioline and request a modification or the suppression thereof by accessing his Account on the www.Liveradio.fr and www.Liveradio.fm sites.
The User may also cancel his subscription to the newsletter sent by Radioline concerning the Service by using the same space. Radioline holds and keeps its Members' identification data in compliance with prevailing regulations. It may be called upon to communicate the data on the Member in the framework of court orders. During the period of use of the Service and as elements of proof, data concerning the Member and use of the Service will be retained and archived confidentially by Radioline in accordance with the law.
13.2 Data for use of the Service
In the context of providing the Service Radioline may be required to anonymously process data concerning the musical tastes and the listening history of the User in order to improve the Service.
Article 14 - OWNERSHIP
14.1 User rights
Under these General Terms and Conditions and for the duration of the Account, Radioline grants the User the non-exclusive, non-transferable, revocable right to use the Service anywhere in the world, expressly excluding for the purposes of a sub-licence or use of the interface and the software applications of the Service.
This right is contingent upon the respect of these General Terms and Conditions.
The User may not:
a. use, copy, modify or distribute the interface and the software applications of the Service, save as expressly authorised by these General Terms and Conditions,
b. disassemble, decompile or translate the interface and the software applications of the Service, save as expressly authorised by the applicable laws or regulations,
c. sub-licence or cede the interface and the software applications made available in the context of the Service.
14.2. Rights and ownerships of the Company
Radioline is and remains the owner of its Service, Portal, software applications (in particular, the reader proposed on the Portal), graphics charter, trademarks, logos, designs, technology, software, databases and content made available to the public.
The User recognises that he acquires no intellectual property right to the elements belonging to Radioline or any of the radio stations in streaming mode. Furthermore, he will refrain from using them for a purpose other than that which is exclusively provided herein.
All improvements, updates, by-products, upgrades, whether carried out, created or developed by Radioline concerning the Service are and shall remain the property of Radioline and the User expressly acknowledges and accepts that any contributions in the form of services, suggestions, ideas, reports, identification of faults, expenses, or any other contributions made by the User do not give rise to any right, title or interest in any part or component of the Service.
The Parties will defend their rights at their exclusive risk and costs. However, both Parties undertake to assist each other as necessary or useful in the defence of their rights.
ARTICLE 15 - MISCELLANEOUS CONDITIONS
If one or several stipulations of these General Conditions of Use are null or void or declared as such by the application of a law or regulation or subsequent to a final ruling by a court with competent jurisdiction, the other stipulations will continue to apply in full.
The stipulations declared null and void will then be replaced with stipulations as close as possible to the content of the stipulations initially made.
The Parties will not be held liable or considered to have failed to comply with these GCU for any delay or non-execution when the cause of the delay or non-execution is linked to a case of force majeure as defined by French jurisprudence.
Any claim or dispute related to the Service must be sent by email in the "Contact" section of the Sites (www.Liveradio.fr and www.Liveradio.fm).
ARTICLE 16 - APPLICABLE LAW
The present General Conditions of Use are governed by French law.
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