TERMS OF SERVICE

These Terms of Service explain the Terms and Conditions agreement that apply to your use of the YanRadio Service and constitutes a legally binding agreement between you and AYY Pty Ltd (ABN 57608253327).

By accepting this Agreement, using the YanRadio Service, or Submitting any of Your Content (as defined below) through the YanRadio Service, you acknowledge that you have read, understood, and agree to be bound by this entire Agreement. This Agreement is a legal agreement between you and YanRadio and the terms hereof apply to you whether you are a registered user or a visitor using the Applications (as defined below). If you do not agree with this Agreement, you may not use the YanRadio Service.

1. The YanRadio Service
The YanRadio Service consists of an index of radio stations designed to simplify finding radio programming from broadcast or radio sources, whether available through our website or through any software applications made available for mobile devices, computers or car systems. YanRadio is not a broadcaster and its directory service just redirects users to specific content providers in accordance with their publicly available services. YanRadio is an intermediary which connects (via embedded hyperlinks) users to radios broadcasting over the Internet. YanRadio does not own any of the brands it lists. YanRadio complies with the applicable laws and fully respects third party rights. YanRadio is not liable for any content that any of the listed radio stations broadcasts.

2. Changes to YanRadio Service
YanRadio may change, add or remove features and functionalities of its service without notice. YanRadio can at its discretion discontinue some or all of the features of the service at any time (including new updates). YanRadio shall not be liable for any modification, suspension or discontinuance of the service. If you are dissatisfied with any changes on the service, then your only option is to no longer use YanRadio.

3. Privacy Policy
The YanRadio Privacy Policy is available at https://yanradio.com.au/privacy-policy/. This privacy policy applies to the Applications and all products and services offered by YanRadio. Please read it carefully before using the YanRadio Service. By using the service provided by YanRadio, you agree to the terms and conditions of our Privacy Policy and declare that you understand the options YanRadio provides to you in what concerns to your personal information.

4. Using the YanRadio Service
Our service is provided only for your personal and non-commercial use and you may not transfer YanRadio Service to a third party. You agree that you will not resell, sublicense, transfer, rent, lease, or exploit YanRadio Service commercially, in a whole or in a part. You agree that you will not use the YanRadio Service in any unlawful manner and that you will not attempt to gain unauthorized access to it (by modifying it, adapting it or hacking it). Collecting or storing personal data about other users without their express permission is strictly forbidden.

When using the YanRadio Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply, and you acknowledge that you are solely responsible for all such fees and charges.

5. Third Party Content
Third Party Content definition

“Third Party Content” contemplates:

• Any broadcast radio programs, podcast or other audio content that the YanRadio Service gives you the ability to listen to;
• Any photos, images, graphics, sound recordings, musical works, album artworks, data, information, feedback, suggestions, text, content and other materials that a third party may record, upload, post, publish, submit, deliver, provide or otherwise transmit;
• Any links or other access to websites and resources on the Internet;
Third Party Content may be copyrighted and protected.

You acknowledge and agree that Third Party Content may be the copyrighted material of the third party that supplies it. Therefore the content accessed on the basis of our service that is protected by copyright law and other applicable laws, may not be reproduced, used to prepare derivative works, performed publicly or displayed publicly and distributed without the written consent of the third party that supplied it, except as permitted by applicable law.

Third Party Content may be transmitted with a variety of copy protection mechanisms, which are designed to protect the copyright interests of the relevant third party. These copy protection mechanisms may constraint or prevent the ability of the YanRadio Service to play Third Party Content.

You understand that YanRadio does not control the decision of a third party to institute such copy protection mechanisms. You agree that YanRadio can not be held responsible in what concerns your or any third party’s ability to access or listen to, any Third Party Content due to a copy protection mechanism.

Due to copyright protection mechanisms it is strictly forbidden to remove or make any attempts to remove by any means content inserted in our service. Any attempt to do so may subject you to liability and can result in the suspension or deletion of your account.

We are not responsible for the nature of the Third Party Content.

YanRadio is comprised of a classified database of resources, made by its users or content managers. The YanRadio Service gives you the ability to listen to and access Third Party Content over which YanRadio exercises no editorial or programming control. We are not responsible for the nature of the Third Party Content and we may remove them at any time, without prior notice, namely when they:

• Violate any copyright laws;
• Treat any religious, cultural or ethnic group in a defamatory or offensive way;
• Contain pornographic material or other sexually explicit material;

You also understand that:

• The YanRadio Service does not guarantee the access to, recording of, listening to, or viewing of any particular Third Party Content;
• Third Party Content is not under YanRadio’s control and the YanRadio Service is not responsible for it and does not in any way endorse such Third Party Content;
• Third Party Content providers may change or delete Third Party Content or schedules at any time;

6. Your Content
By submitting Your Content on or through the YanRadio Service, you agree to, and by means of this do provide YanRadio, a worldwide, non-exclusive, revocable, royalty-free, fully paid, sublicensable and transferable license to use, modify, reproduce, distribute, display, publish, transmit, communicate to the public, make available, broadcast, prepare resulting works based on it.

It is compulsory that you be an owner of or fully authorized to grant the rights to your content. You must not upload Your Content to or through the YanRadio Service, unless you are the copyright owner or are fully authorized to grant rights in all of the elements of Your Content that you intend to upload or transmit to or through the YanRadio Service.

Your Content definition

“Your Content” means on the whole, the graphics, images, photos, sound recordings, musical works, data, information, feedback, ideas, comments, suggestions, text, content and other materials that you post in connection with or relating to the YanRadio Service.

6. User
The individual using this Application, which must coincide with or be authorized by the Data Subject, to whom the Personal Data refers.

7. Advertisements, Sponsorships and Partnerships
YanRadio may display advertisements for goods and/or services of third parties or other promotional materials through the YanRadio Service. Your participation in promotions of any third party advertisers through the YanRadio Service is solely between you and such third party and your participation is subject to the terms and conditions associated with that advertisement or promotion. By using the YanRadio Service you agree that YanRadio is not responsible or liable for any damage or loss of any sort incurred as the result of participation on those promotions.

The same applies to any links to third party websites (i.e. websites not owned or operated by YanRadio) displayed in YanRadio.

8. Termination Of Service
You may terminate your account and your right to use the YanRadio Service at any time by contacting YanRadio Customer Support at [email protected] Nevertheless, AYY Pty. Ltd. is given the right to at any time for any reason or no reason, to immediately suspend or terminate your account, with or without notice to you. The content that you may have on the YanRadio Service (if any) may also be permanently deleted by YanRadio at any time, with or without notice to you.

10. Intellectual Property and licenses
Any software that may be made available by the YanRadio Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws. YanRadio Service grants you a personal and non-exclusive right and license to use these software programs only for personal and non-commercial use of the YanRadio Service. Any other rights not expressly granted herein are reserved by YanRadio.

You shall not use the YanRadio Service to perform any action of data mining, scraping or similar data gathering or extraction methods. Any use of the YanRadio Service other than as specifically authorized herein is strictly prohibited.

YanRadio respects and protects the copyright and the intellectual property of others and takes this subject very seriously. We also ask our users to do the same: respect third party rights!

Infringing activity regarding intellectual property will not be tolerated on the YanRadio Service. YanRadio will remove any material from YanRadio Service that we believe, upon notice from an intellectual property owner or its agent, is infringing the intellectual property rights of a third party by being made available through the YanRadio Service.

YanRadio may also remove all third party content posted by any single user after receiving more than two takedown notices. However, YanRadio may terminate the account of any user after receipt of a single notification of claimed infringement.

11. Procedure for Reporting Claimed Infringement
If you believe that any content listed on the YanRadio Service has been used or exploited in a manner that infringes an intellectual property right you own, you should promptly send a “Notification of Claimed Infringement” to YanRadio at [email protected]

You may also contact YanRadio by email at [email protected]

In order to be effective, remember to include, at least the identification of the specific material that is claimed to be infringing, a physical or electronic signature of a person authorized to act on behalf of the owner of the material that has been allegedly infringed and information that allows YanRadio to reply to you, such as address, telephone number or e-mail.

12. Notice for Apple Users
Since the YanRadio Service is available on the Apple App Store, as an Application, you acknowledge that this Agreement is between you and YanRadio only, not with Apple, and Apple is not responsible for the Application or the content thereof.

Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application. In the event of any failure of the Application to conform to any applicable warranty, then you may notify Apple and Apple will refund the purchase price for the relevant Application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Application.

Apple is not responsible for addressing any claims by you or any third party relating to the Application or your possession and/or use of the Application, including, but not limited to:

• Product liability claims or claims being under consumer protection or similar legislation.
• Any claim that the Application fails to conform to any applicable legal or regulatory requirement in any country;

Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights. Please refer to section 10 and 11, regarding copyright or other intellectual property infringements.

You agree to comply with any applicable third party terms, when using the Application.

13. Privacy Policy, Copyright Policy, Cookie Policy and Acceptable Use Policy.
Your access to and use of the Service is also subject to Yanradio’s Acceptable Use Policy, Cookie Policy, Copyright Policy and Privacy Policy. For all Users of the Service other than those located in the EEA, the Acceptable Use Policy, Cookie Policy, Copyright Policy, and Privacy Policy are incorporated into this EULA by reference.

Date of last update: 13 June, 2018