Privacy & Terms

LAST UPDATED: JANUARY 28, 2016

The VIP-RADIOS.FM website (hereinafter the “Website”) is produced and maintained by VIP CONNEXION SAS (hereinafter the “Company”, “our”, “we”, “us”, etc.).

Use of the Website, or any version thereof as may appear on mobile device or in any mobile application, by you constitutes a legal agreement (hereinafter the “Terms of Use”) between you and the Company and any legal entities affiliated with the Company. The terms and conditions below are applicable to the Website, and any other applications, applets, or features (interactive or otherwise), whether accessed by personal computers, mobile devices, or otherwise. Further, the Website allows the opportunity to submit user-generated content and participate in various user communities (these features, applications, or communities, collectively or singularly hereinafter the « Services »).

Using the Website indicates your acceptance of the Terms of Use. We reserve the right to amend or modify these terms from time to time without notice. Continued use of the Website following changes to the Terms of Use indicates your acceptance of these changes, though retroactive changes shall not apply without notice. Your use of the Website and establishment of an account includes the ability to enter into agreements and/or to make purchases electronically. You agree that any submissions you make for electronic purchases constitute your intent and agreement to be bound by the terms of these Terms of Use and to pay for such purchases. Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into on the Website, including notices of cancellation, policies, contracts, and applications. Further, you agree to comply with all federal, state, local, national, and international laws, statutes, or regulations that may apply to your use of the Website.

Content featured or displayed on the Website, including without limitation text, graphics, photographs, images, moving images, sound, and illustrations (hereinafter the « Content »), is owned by Company, its licensors, vendors, agents and/or its Content providers. All elements of the Website, including without limitation the general design and the Content, are protected by copyright, trademark and other intellectual property protections. The Website may not be used for any purpose except the intended purpose for which VIP CONNEXION SAS makes it available.

Except as may be otherwise indicated in specific documents within the Website, you are authorized to view, play, print and download documents, audio and video found on our Website for personal, informational, and noncommercial purposes only. You may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or work contained on the Website. Except as authorized under the copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available on the Website. For purposes of these Terms of Use, the use of any such material on any other website or networked computer environment is prohibited. The Website, its Content and all related rights shall remain the exclusive property of Company or its licensors unless otherwise expressly agreed. You will not remove any copyright, trademark or other proprietary notices from material found on the Website.

Company may make available certain Content. Your access to and/or use of any Content will be limited by the rules assigned to the Content by Company (hereinafter the « Content Rules ») and described in these Terms and Conditions or on the Webpage where you acquire access to such Content. You may not attempt, nor support others attempts, to decrypt, reverse engineer, circumvent, or otherwise alter or interfere with any software required for use of the Website or any of the Content Rules. We reserve the right to enforce the Content Rules without notice.

You may not reverse engineer, decompile, disassemble, modify, or disable any copy protection or use limitation systems associated with the Content. You may not play and then re-digitize any Content. You may not create any « derivative works » by altering any of the Content, except as permitted herein. You may not use the Content in conjunction with any other third-party content (e.g., to provide sound for a film) or upload such content to third party systems or services unless you obtain such rights from the copyright holder.

All trademarks, servicemarks and trade names of Company or Company’s licensors used herein (including but not limited to: the Company name, the Company corporate logo, the Website name, design, and any logos) (hereinafter collectively the « Marks ») are trademarks or registered trademarks of Company or its affiliates, partners, vendors or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify Company trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the Website, without Company’s prior written consent. The use of Company trademarks on any other website or network computer environment is not permitted. Company prohibits the use of Company trademarks as a « hot » link on or to any other website unless establishment of such a link is approved in advance.

User published content or user content (e.g. postings to chatrooms, participation in communities, comments, etc.) to Company in connection with the Website (hereinafter the « User Submissions ») are the intellectual property of the individual user. By posting User Submissions on our Website, you expressly grant Company a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide, fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, perform, and display such content and your name, voice, and/or likeness as contained in your User Submission, in whole or in part, and in any form throughout the world in any media or technology, whether now known or hereafter discovered, including all promotion, advertising, marketing, merchandising, publicity, and any other ancillary uses thereof, and including the unfettered right to sublicense such rights, in perpetuity throughout the universe. Any such User Submissions are deemed non-confidential and Company shall be under no obligation to maintain the confidentiality of any information, in whatever form, contained in any User Submission.

Except where Company specifically requests comments or submissions, Company does not accept or consider unsolicited creative ideas, suggestions, or materials. Please do not submit any unsolicited creative ideas, suggestions, or materials. . You hereby waive all ownership rights of any kind in any unsolicited submission including, but not limited to, any claim of copyright, trademark, unfair competition, moral rights, or implied contract, and you hereby grant Company a nonexclusive, perpetual, worldwide license to the unsolicited submission in every media and for every purpose now known, or hereinafter discovered, and you waive the right to receive any financial, or other consideration in connection with such unsolicited submission including, but not limited to, credit. You release the Company (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your unsolicited submissions, including without limitation all claims for theft of ideas or copyright infringement.

You agree to refrain from posting to the Website or using the Services to send any unlawful, threatening, defamatory, libelous, obscene, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. You agree not to submit any user content that results from any activity that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; or (iii) may constitute a crime or tort. You agree that in conjunction with your submission, you will not inflict emotional distress on other people, will not humiliate other people (publicly or otherwise), will not assault or threaten other people, will not enter onto private property without permission, and will not otherwise engage in any activity that may result in injury, death, property damage, and/or liability of any kind. The Company will reject any submissions in which the Company believes, in its sole discretion, that any such activities have occurred. If notified of a submission that allegedly violates any provision of these Terms of Use, the Company reserves the right to determine, in its sole discretion, if such a violation has occurred, and to remove any such submission from the Website. The Company will fully cooperate with any law enforcement authorities or court order or subpoena of competent jurisdiction requesting or directing us to disclose the identity of anyone posting such materials.

The Company reserves the right to terminate sessions or streams if it detects abusive useage, suspects that a user’s credentials have been compromised, or that a user is sharing their credentials with third parties. Continued violations of this policy may result in the temporary or permanent suspension of access to the Website and the Services. Users who violate this policy shall not be entitled to a refund of any used or unused fees or subscriptions.

The Company makes no representation as to the completeness, accuracy or currency of any information on this Website. From time to time, this Website may contain links to websites that are not owned, operated or controlled by the Company or its affiliates. All such links are provided solely as a convenience to the user. If you use these links, you will leave this Website. Neither we nor any of our respective affiliates are responsible for any content, materials or other information located on or accessible from any other website. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other websites, or any content, materials or other information located or accessible from any other websites, or the results that you may obtain from using any other websites. If you decide to access any other websites linked to or from this Website, you do so entirely at your own risk.

When accessing the Website, you understand that you may encounter material that may be deemed objectionable, indecent, or offensive, which material may or may not be identified as having explicit language or text, graphic designs, and/or photographs. You agree to use the Website at your own risk and the Company shall have no liability to you for material that may be found objectionable, indecent, or offensive.

You understand that under certain circumstances you may need to create an account to have access to all of the parts of the Website. If you provide any billing information that is untrue, inaccurate, not current, or incomplete, or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, the Company has the right to suspend or terminate your account, and refuse any and all current or future use of the Website (or any portion thereof). You are entirely responsible for the security and confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Services and the Website. We have the right to provide, either with or without notice to you, user billing, account, Content or use records, and related information under certain circumstances (such as in response to legal responsibility, lawful process, orders, subpoenas, or warrants, or to protect our rights, customers or business or to process orders made to your credit card or other payment vehicle via your account). Please note that anyone able to provide your personally identifiable information will be able to access your account so you should take reasonable steps to protect this information. As such, you are responsible for any charges on your account that are incurred by any person through your account, regardless of whether you authorized such purchase or not. You are solely responsible for keeping your account secure and confidential. The Company shall not be responsible for any losses arising out of the unauthorized use of your Registration Data or Account, and you agree to hold harmless and to indemnify the Company, its partners, parents, subsidiaries, agents, affiliates and/or licensors, as applicable, for any improper, unauthorized or illegal uses of your account. You may not attempt to gain unauthorized access to the Website. Should you attempt to do so, assist others in making such attempts, or distributing instructions, software or tools for that purpose, the Company shall have the right to terminate your account and pursue all available remedies at law. In the event all or a portion of the Company is sold to a third party you agree that we shall have the right to transfer the Registration Data to the third party for the purposes of continued service to you. We have third party agents, subsidiaries, affiliates and partners, that perform functions on our behalf, such as hosting, billing, marketing, analytics, providing customer service, fraud protection, etc. These entities may have access to your Registration Data to perform their functions and are contractually obligated to maintain the confidentiality and security of that Registration Data. If necessary, you will cooperate these third party agents, subsidiaries, affiliates and partners so that they may perform their functions.

For all charges for any products and services that you agree to buy from the Website, the Company will bill your credit card or alternative payment method offered by the Company. All charges are non-refundable. In the event legal action is necessary to collect on balances due, you agree to reimburse the Company for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses. You are responsible for purchase of, and payment of charges for, all Internet access services and telecommunications services needed for use of this Website.

You agree that you will not use any robot, spider, scraper or other automated means to access the Website for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the site or any activities conducted on the Website; or (iii) bypass any measures we may use to prevent or restrict access to the Website.

Neither the Company nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.

Your use of this website is at your risk. The information, materials and services provided on or through this website are provided « as is » without any warranties of any kind including warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property. Neither The Company, nor any of its affiliates warrant the accuracy or completeness of the information, materials or services provided on or through this website. The information, materials and services provided on or through this website may be out of date, and neither company, nor any of its affiliates makes any commitment or assumes any duty to update such information, materials or services. The foregoing exclusions of implied warranties do not apply to the extent prohibited by law. No advice or information, whether oral or written, obtained from company or through company website, products and services will create any warranty not expressly made herein.

All products and services purchased on or through this website are subject only to any applicable warranties of their respective manufactures, distributors and suppliers, if any. To the fullest extent permissible by applicable law, we hereby disclaim all warranties of any kind, either express or implied, including, any implied warranties with respect to the products and services listed or purchased on or through this website. Without limiting the generality of the foregoing, we hereby expressly disclaim all liability for product defect or failure, claims that are due to normal wear, product misuse, abuse, product modification, improper product selection, non-compliance with any codes, or misappropriation. The foregoing exclusions of implied warranties do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions.

The Company does not assume any responsibility, or will be liable, for any damages to, or any viruses that may infect your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Website, or your downloading of any information or materials from this Website. All Content on this Website is provided to you on an « as is » « as available » basis without warranty of any kind either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. You are responsible for verifying any information before relying on it. Use of the Website and the Content available on the Website is at your sole risk. The Company makes no representations or warranties that use of the website will be uninterrupted or error-free. You agree that from time to time the Company may remove the Website, or portions of the Website, for indefinite periods of time, or cancel the Website, or portions of the Website, at any time, with or without notice to you. The Company makes no warranty that any particular browser or portable device will be compatible with the Website or any Content offered on the Website. Under no circumstance shall Company be liable for any unauthorized use of the Website or its Content. If an item of Content becomes unavailable following a transaction but prior to download, your sole remedy is a refund. If technical problems prevent or unreasonably delay delivery of your Content, your exclusive and sole remedy is either replacement or refund of the price paid, as determined by Company. In no event will company, or any of its officers, directors, employees, shareholders, affiliates, agents, successors or assigns, nor any party involved in the creation, production or transmission of this website, be liable to you or anyone else for any indirect, special, punitive, incidental or consequential damages (including, without limitation, those resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of use of this website, any websites linked to this website, or the materials, information or services contained on any or all such websites, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages. The foregoing limitations of liability do not apply to the extent prohibited by law. In the event of any problem with this website or any content, you agree that your sole remedy is to cease using this website. In no event shall company’s total liability to you for all damages, losses, and causes of action whether in contract, tort (including, but not limited to, negligence), or otherwise exceed the fees paid by you to the Company in the preceeding 12 months.

You agree to defend, indemnify and hold the Company and any affiliated company or individual harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to or in connection with (i) the use of the Website or the Internet or your placement or transmission of any message or information on this Website by you or your authorized users; (ii) your violation of any term of this Agreement, including without limitation, your breach of any of the representations and warranties above; (iii) your violation of any third party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (iv) your violation of any law, rule or regulation of the United States or any other country; or (v) any other party’s access and use of the Website with your unique username, password or other appropriate security code. You shall not sue or seek to recover any damages or other payment from the Company and its agents, representatives, employees, Licensors, affiliates, content and technology providers, and any parent or subsidiary company as a result of its decision to terminate or suspend the Terms of Use and service hereunder.

In the event that you have a dispute with one or more other users of the Website, you release the Company (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

You or we may suspend or terminate your account or your use of this Website at any time, for any reason or for no reason. We may also block your access to our Website in the event that (a) you breach these Terms of Use; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.

This Agreement shall be governed and construed in accordance with the internal laws of France. Any dispute arising out of or in connection with this Agreement shall be submitted to the exclusive jurisdiction of the Courts of d’Evry, France.

If any provision of these Terms of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that these Terms of Use and all incorporated agreements may be automatically assigned by Company in our sole discretion. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. The relationship between Company and you will be that of independent contractors, and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other as a result of these Terms of Use or your use of this Website. Use of this Website is void where prohibited by applicable law. The Company may, at its discretion, modify, suspend, or discontinue the Website (or any part or content thereof) at any time with or without notice to you, and Company will not be liable to you or to any third party should it exercise such rights.

These terms and conditions are the entire agreement between the user and Company and supersedes any prior understandings or agreements (written or oral). These Terms of Use may not be altered, supplemented, or amended by the use of any other documents. Any attempt to alter, supplement or amend this document or to enter an order for Content that are subject to additional or altered terms and conditions will be null and void.

CONTROLLERS OF PERSONAL INFORMATION

The Data Controller for the website and any services provided is: Thierry Atruz
E-mail : info@vip-radios.com
All rights reserved by VIP CONNEXION SAS (c) France 2015-2018