AUDIOLOGGER TERMS AND CONDITIONS
Last update: 22 March 2021
By accessing or using AudioLogger, you agree to be legally bound by Terms and Conditions. Please read this document carefully. If you do not agree with one or more provisions of these Terms and Conditions, you should not use AudioLogger.
1. GENERAL INFORMATION
1.1 These AudioLogger Terms and Conditions (the “Terms”) constitute a legally binding agreement between an individual user or an entity (“you” and “your”) accessing the software application ‘AudioLogger’ available at https://audiologger.com and the related services (collectively, “AudioLogger”) and the owner and operator of AudioLogger, namely, Rute98 BV having a registered address at Clementinastraat 32, 2018 Antwerpen, Belgium, and the registration number 806933102(“we”, “us”, and “our”). AudioLogger is a software application that allows you to (i) listen to radio streams all over the world, (ii) mark and record parts of radio streams, and (iii) share radio streams with others.
1.2 License to use AudioLogger. We grant you a worldwide, personal, revocable, non-exclusive, non-transferable and limited license to use AudioLogger pursuant to these Terms.
1.3 Disclaimer. Although we regularly monitor the information available on AudioLogger, we cannot guarantee the accuracy, reliability, currency, relevance, and completeness of all information, whether provided by us or by third parties.
1.4 Third-party links. AudioLogger may contain links to websites, applications, and other online sources owned and operated by third parties. We are not responsible or liable in any manner for the content of such third-party links, information, and advertisements, as well as the security and privacy practices deployed by the operators of the third-party websites. Please exercise your due diligence before clicking on any of such third-party links or advertisements.
1.5 Support. Any general requests for customer support should be addressed to us by email at info@audiologger.com.
1.6 Minors. AudioLogger is not marketed and intended for use by persons under the age of 18.
1.7 Privacy and other relevant terms. The documents that include important provisions regarding your use of AudioLogger and should be read and interpreted together with these Terms are our Privacy Policy and Cookie Policy which describe in detail how we handle your personal data collected through AudioLogger and other individual terms and conditions made available by us on AudioLogger.
2. FEES AND PAYMENTS
2.1 The Fees. Your use of AudioLogger is subject to the applicable service fees (the “Fees”). By concluding a sales contract with us (i.e. purchasing your subscription plan),you agree to pay the Fees for each billing cycle in accordance with these Terms, the terms and conditions of your chosen payment plan (Bronze, Silver, or Gold), and other terms and conditions in force at the moment the sale contract is concluded. The Fees are billed and an invoice is issued at the beginning of each billing cycle.Unless you cancel the subscription priorto theexpirationof then-current subscriptionterm, we willautomaticallyrenewthe subscription plan based on its renewal cycle and you will need to pay theFees due. By placing your order, you agree to pay the Fees due. The Fees remain valid for as long as (i) they are featured on AudioLogger or (ii) as communicated by us. The Fees are subject to a change withat least 30 calendar days prior notice to you (if you hold a subscription) or without notice (if you do not hold a subscription).
2.2 Taxes. Unless indicated otherwise, the Fees exclude all applicable sale taxes (e.g. VAT), levies, andother duties. You are responsible for paying the said taxes.
2.3 Payment of the Fees. At the beginning of each billing cycle, you will receive an invoice for the Fees due. It is your sole responsibility to make sure that the Fees are paid to our bank account prior to the due date indicated on the invoice. Further, you are responsible for ensuring that all payment information is correct and the funds necessary for paying the Fees are available. You shall not to hold us liable for payments that do not reach us due to your error (e.g., incorrect payment information) or if your payment is refused for any other reason.
2.4 Refunds and right of withdrawal. Unless you use AudioLogger as a consumer (i.e. a person acting outside his/her business, trade, or profession), we do not issue refunds for any Fees paid, unless there is an error on our side.If you use AudioLogger as a consumer, you may withdraw from the service contract with us within the period of 14 days after the service contract was concluded, unless the provision of the services was completed by us. In order to terminate the service contract and receive a refund, you must inform us of your decision to withdraw from the contract by email at info@audiologger.com. You can use the model withdrawal form provided at the end of these Terms, but it is not obligatory. We will refund all or partial Fees to your bank account. If you act as a business, trader, or use AudioLogger for professional purposes, you are not entitled to exercise your right of withdrawal.
2.5 Cancellation of subscription. Your subscription mustbecancelledatleast7 calendar dayspriortoexpiration of then-current billing period through your user account to avoidautomaticrenewal and charge. If you cancel your subscription later, the cancellation will not be guaranteed. The cancellation request can be submitted through your user account or by contacting us at info@audiologger.com. Your inactivity on AudioLogger does not substitute your request for the cancellation of your subscription.
3. USER ACCOUNT
3.1 Registration of User Account. In order to use the full functionality of AudioLogger (e.g. access radio streams), you must register a user account (the “UserAccount”) by using your email address and password.Before creating your Account, you will be requested to read and accept these Terms and review our Privacy Policy. Your User Account is not transferable and you are solely responsible for any activities occurring through your User Account. We reserve the right, at our sole discretion, to refuse registration of any User Account for any reason whatsoever.
3.2 Your warranties. By registering your Account, you acknowledge, agree, and warrant that:
You will comply with these Terms and all applicable local, state, national and foreign laws, treaties, and regulations in connection with your use of AudioLogger;
You provide only true, accurate, complete, and up-to-date personal data;
You will update your user Account as soon as any changes to your personal data or other information occur;
You can conclude legally binding contracts with us;
You will register a single User Account; and
You are a human individual.
3.3 Security of User Account. You are solely responsible for maintaining the confidentiality of your User Account, including keeping secure your login details. You agree to immediately notify us about allegedly unauthorised use of your User Account or any other security breach related to your User Account. You are also responsible for using secure Internet connection and protected networks while using AudioLogger. We cannot and will not be liable for any loss or damage resulting from your failure to comply with these security obligations
3.4 Deletion of User Account. At any time, you may delete your User Account through your dashboard. Upon deletion of the User Account, these Terms shall terminate.
3.5 Suspension and termination of the Account. We reserve the right to suspend or terminate your Account if you fail to pay the Fees or, at our sole discretion,we have grounds to believe that your use of AudioLogger seriously and repeatedly breaches these Terms. We may also suspend or terminate your User Account upon a lawful request of a public authority.
4. INTELLECTUAL PROPERTY
4.1 AudioLogger’s content. Most of the content available on AudioLogger, including all information, software, data, logos, marks, designs, graphics, pictures, video files, sound files, illustrations, graphics, and similar (collectively, the “AudioLogger’s Content”) is owned by us, our partners, agents, licensors, vendors, and/or other content providers. The AudioLogger’s Content is protected by applicable intellectual property laws and international treaties. You are not allowed, without obtaining prior written authorisation from us, to copy, distribute, make available, disassemble, make alterations, decompile, reverse engineer, translate, adapt, rent, loan, use, lease or attempt to grant other rights to the AudioLogger’s Content to third parties, or use any manual or automated means to scrape any content available onAudioLogger.
4.2 AudioLogger brand. You may not use the brand, the word or figurative trademarks associated with AudioLogger or third-party trademarks without prior consent of a trademark owner. You are not allowed to use such brands and trademarks in any way that suggests that we sponsor, endorse, or associate with you without obtaining prior written consent from us.
4.3 Third-party intellectual property. AudioLogger can be used for accessing third-party radio streams and other content (the “Third-Party Content”). The Third-Party Content is owned by third-party proprietors and such third-party intellectual property does not belong to us (but may be licensed to us). The Third-Party Content remains the sole property of the respective third-party proprietors. You may not use any Third–Party Content without the prior authorization of the owners of such content, notwithstanding any functionalities of AudioLogger. We do not guarantee that you will have access to the Third-Party Content at all times.
4.4 Copyright infringement claims. If you have any grounds to believe that any content available on or through AudioLoggerviolates your or third party’s intellectual property rights, please contact us and express your concerns or request to remove the allegedly infringing content. We will reply to the copyright infringement claim as soon as possible but no later than 2 weeks. Before sending your claim to us, please make sure that you sign it and includeinformation that would allow us to locate the allegedly infringing content.
4.5 Your Content.By uploading any content onto AudioLogger or creating any content by using AudioLogger (“Your Content”), you grant us unrestricted, sub-licensable, royalty-free, perpetual, and irrevocable rights to store, use, distribute, advertise, adapt, remix, modify,display, perform, excerpt, prepare derivative works of, and reproduce Your Content for the purposes of providing you with the requested services and carrying out our legitimate business interests.You understand and agree that, in order to ensure the security of AudioLogger, we may, but have no obligation to, monitor or review Your Content. We reserve the right, at our sole discretion, to refuse to upload, modify, delete, or remove Your Content, in whole or in part, that violates these Terms or may harm the reputation ofAudioLogger.
5. PROHIBITED USE
5.1 AudioLogger can be used for lawful purposes only. Please be advised that we work closely with law enforcement and we report any inappropriate content that may infringe applicable laws. You are not permitted to use AudioLoggerin any manner that substitutes or contributes to the following activities (the list is representative and not exhaustive):
Any unlawful activity, including violation of any laws, statutes, ordinances, or regulations;
Intellectual property (e.g. copyright or trademark) infringement;
Any unauthorised access to machines, programs, data, or committing any other forms of cyber offences;
Fraud;
Provision of false, inaccurate, or misleading information;
Spreading of malware (e.g., viruses, worms, Trojan horses), spam, and other illegal messaging;
Spreading ethnically, racially, or otherwise objectionable information;
Spreading sexually explicit, libellous, harassing, defamatory, abusive, profane, vulgar, threatening, hateful, obscene behaviour and terrorism-related content;
Copying, distributing, renting, reselling, modifying, compromising, damaging, disabling, impairing, and overburdening AudioLogger;
Interfering with or abusing other users of AudioLogger;
Using bots, scripts, and other automated methods; and
Collecting and disclosing any information about other users of AudioLogger.
6. AVAILABILITY AND FORCE MAJEURE
We put reasonable efforts to ensure that AudioLogger is always accessible to you. However, the availability of AudioLogger may be affected by factors, which we cannot control, such as bandwidth problems, equipment failure, acts and omissions of third-parties, or force majeure events, including, but not limited to: strikes; work stoppages; accidents; acts of war or terrorism; civil or military disturbances; nuclear or natural catastrophes and interruptions;shortage of supply, breakdowns,loss or malfunctions of utilities and communications or computer (software and hardware) services. We take no responsibility for the unavailability of AudioLogger caused by such factors.
7. DISCLAIMER OF WARRANTIES
7.1 We provide AudioLogger on “AS AVAILABLE”, “AS IS”, and “WITH ALL FAULTS” basis. To the extent permitted by the applicable law, we do not make any representations or warranties about the reliability, suitability, and accuracy, for any purpose, of AudioLogger, the Third-Party Content, or other content featured on or access by using AudioLogger, whether provider by us or by third parties, and hereby disclaim all warranties regarding AudioLogger and its operation.
7.2 It is your sole responsibility to verify and assess the fit for the purpose of AudioLogger prior to using it and to decide whether or not AudioLogger fits for the intended use.
7.3 By using AudioLogger, you acknowledge that we may use third-party suppliers to provide software, hardware, storage, networking, and other technological services. The acts and omissions of third-party suppliers may be outside of our reasonable control. To the maximum extent permitted by law, we exclude any liability for any loss or damage resulting from the acts and omissions of such third-party suppliers.
7.4 Nothing in these Terms shall affect any statutory rights that you are entitled to as a consumer and that you cannot contractually agree to alter or waive.
8. LIMITATION OF LIABILITY
8.1 Unless otherwise excluded or limited by the applicable law, we will not be liable for any damages, including, but not limited to, incidental, punitive, special or other related damages, arising out or in connection with your use of AudioLogger, any content made available through AudioLogger, whether provided by us or by third parties, any transactions concluded through AudioLogger, or use of AudioLogger for unauthorised or unlawful purposes. You agree not to hold us liable in respect of any losses arising out of any event or events beyond our reasonable control.
8.2 This Section 8 shall apply whether or not we have been advised of or should have been aware of the possibility of any such losses arising.
9. INDEMNIFICATION
You agree to indemnify, defend and hold us, our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including attorneys’ fees, made by any third party due to or arising out of your breach of these Terms, your use of AudioLogger, or your violation of any law or the rights of a third party.
10. SEVERITY
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such a provision shall nonetheless be enforceable to the fullest extent permitted by the applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. The validity and enforceability of the remaining provisions shall not be affected as a result.
11. GOVERNING LAW AND DISPUTES
11.1 Governing law.These Terms shall be governed and construed in accordance with the laws of Belgium, without regard to its conflicts of law provisions.
11.2 Jurisdiction. You agree to resolve any disputes arising out of or relating to these Terms by means of negotiation with us. If the dispute cannot be resolved by means of negotiation, the dispute shall be submitted to courts in Antwerpen, Belgium. This Section 11 does not affect any statutory rights that you are entitled to as a consumer.
11.3 Alternative dispute resolution (ADR). ADR body acts as an independent middleman between an Internet service provider and a customer when an initial complaint cannot be resolved. You do not need (but may opt for) legal assistance or representation to take your case to an ADR scheme. The ADR body investigates complaints by looking at consumer’s and Internet service provider’s arguments and comes to a decision it deems to be fair. More information on the online ADR platform provided by the European Commission (for traders and consumers based in the European Union) is available athttps://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage.
12. MISCELLANEOUS
12.1 Term and termination. The Terms enter into force on the date indicated at the top of the Terms or when you accept them and remain in force until updated or terminated by us.
12.2 Amendments. We reserve the right to modify these Terms at any time, effective upon posting of an updated version on AudioLogger. Such amendments may be necessary due to new features of AudioLogger, changes in the requirements of laws, regulations, or our business practices. We will send you a notification (if we have your email address) about any material amendments to the Terms that may be of importance to you. You are responsible for regularly reviewing these Terms. Your continued use of AudioLogger after any changes shall constitute your consent to such changes. We also reserve the right to modify the services provided through AudioLogger at any time, at our sole discretion.
12.3 Breach of the Terms. If we believe, at our sole discretion, that you violate these Terms and it is appropriate, necessary or desirable to do so, we may:
Send you a formal warning;
Temporarily or permanently prohibit your use of AudioLogger;
Report you to the relevant public authorities; or
Commence a legal action against you.
12.4Transfer of rights. You are not allowed to assign your rights under these Terms. We are entitled to transfer our rights and obligations under these Terms entirely or partially to a third party by giving a prior notice to you. If you do not agree to the transfer, you can terminate these Terms with immediate effect by deleting your User Account, cancelling the Fees, and ceasing to use AudioLogger.
12.5 Merger or acquisition. In the event we, during the term of these Terms, are acquired, merged, or sell all or substantially all of our assets, these Terms shall not automatically be terminated and we agree to use our best efforts to ensure that the transferee or surviving company shall assume and be bound by the provisions of these Terms.
12.6 Entire agreement. These Terms, together with the documents referred to therein, represent the entire agreement between you and us regarding your relationship with us and govern your use of AudioLogger.
13. CONTACT
If you have any questions about these Terms, please contact us by using the following contact details:
Email: info@audiologger.com
Postal address: Rute98 BV, Clementinastraat 32, 2018 Antwerpen, Belgium
Belgian company number: 806933102
VAT: BE0806933102.
MODEL WITHDRAWAL FORM
You may use the following withdrawal form to exercise your right of withdrawal described in section 2.4 of the Terms.
To: AudioLogger
Email: info@audiologger.com
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale for the provision of the following services (*): ____________________________
Ordered on (*)/received on (*): ____________________________
Name of consumer(s): ____________________________
Address of consumer(s): ____________________________
Signature of consumer(s) (only if this form is notified on paper): ____________________________
Date: ____________________________
*Delete as appropriate.
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