These are the Terms of Service for LyfeRadio which apply to all services offered via the LyfeRadio website.
We advise that you read these Terms of Service carefully so that you know your rights and obligations if you use the services.
By using these services in anyway whatsoever, you declare that you are aware of and agree to these Terms of Service.

[1] Definitions.


In these Terms of Service the following terms have been defined:

  • "Context": All text, graphics, photos, audio, music, audiovisual combinations, interactive elements, computer software, scripts and all other materials which are published on or via the website or which can be downloaded or uploaded by a user. Regardless of whether these are editorial or commercial in nature.

  • "Services": All services that are made available via the website, including the accessing of the webite, the downloading and uploading of content as well as all other services offered on the website.

  • "Third-party Services": The services that are offered on the website by a third party.

  • "User Content": All content that is provided to LyfeRadio by a user of the services or which is uploaded to the website.

  • "Website": The website of LyfeRadio accessible via lyferadio.com domain name, but also via other avenues (mobile site) media and the LyfeRadio API.


[2] Account / Profile.


<2.1>
In order to use the services you must apply for your own account in the manner described on the website.
LyfeRadio can decide, at its own discretion, whether to provide you with an account.

<2.2>
You guarantee LyfeRadio that the information you provide to LyfeRadio, including your details such as Name and Email address is complete, truthful and accurate.
You consent to LyfeRadio storing and using your data in connection with the management of your account.

<2.3>
By accepting these Terms of Service, you guarantee that you are sixteen (16) years or older or have permission from a parent or guardian to create an account.

<2.4>
You may not create an account in another person's name unless the other person has given you permission to do so.

<2.5>
You are solely responsible for keeping your password secret from others and may not give other people access to the services using your account.
You are liable for all actions performed via your account.
If and as soon as you suspect that your account or identity is being used unlawfully, you must immediately notify LyfeRadio.
In that event, LyfeRadio is authorized to take all measures deemed necessary to protect its website and other users of the services and you are required to cooperate fully with these measures.

<2.6>
You may terminate your account at any time by using the procedure described in User Settings.

<2.7>
Profiles may only be created for personal use. Profiles created for businesses will be removed.

[3] Use of the Services.


<3.1>
You guarantee LyfeRadio that you are authorized to use the services and to act in accordance with these Terms of Service.
You also guarantee LyfeRadio that you will comply with the obligations set in these Terms of Service at all times and that you will obey all laws and regulations applicable to use of these services.

<3.2>
You are permitted to use these services exclusively via your own account.

<3.3>
You are solely responsible for all use you make of the services.
You are liable to LyfeRadio for any use of the services that is not in accordance with the provisions of these Terms of Service and you indemnify LyfeRadio against all third-party claims in relation to such.

<3.4>
LyfeRadio does not perform any editorial, substantive, technical or other type of monitoring of user content.
When using the services, you must be aware that the website may contain factually incorrect, insulting, indecent or distasteful user content and you explicitly accept that LyfeRadio is not liable for this.

[4] User Content.


<4.1>
Under the conditions stipulated in these Terms of Service you retain in principle the copyrights that belong to you in relation to the user content which you make available to visitors of the website via the website.

<4.2>
By making user content available to LyfeRadio (which in these Terms of Service refers to, among other things: uploading user content), you automatically grant LyfeRadio a worldwide, non-exclusive, royalty-free, transferable license (with the right to sublicense), which is not limited in time, for any use, re-use, reproduction, dissemination, creation of derivative works, display and performance of this user content or parts thereof, for any purpose and in any way whatsoever, also for the benefit of the services, as well as permissions to store the user content in (electronic) files.

<4.3>
The license referred to in Article 4.2 ends at the moment that you or LyfeRadio removes the particular user content from the website.

<4.4>
You acknowledge and agree to the fact that the user content which you make available to LyfeRadio will be used by other users of the services.
LyfeRadio accepts no liability whatsoever for compliance with these Terms of Service by users of the services.
You acknowledge that there is also the possibility that the user content you make available to LyfeRadio may be used by third parties in a manner that is in violation of or not provided for in these Terms of Service.
LyfeRadio is not liable for actions by third parties in violation of these Terms of Service or in breach of any statutory or for any other unlawful action by third parties in relation to the user content made available by you.

<4.5>
By making user content available to LyfeRadio, you guarantee that:

A> You are authorized to make this user content available in accordance with these Terms of Service and that you are authorized to grant the license as referred to in Article 4.2.
B> The user content that you make available does not break any law and does not infringe any third-party rights, including contractual rights or privacy rights and is not otherwise unlawful towards third parties or LyfeRadio.
C> You are not limited by any incompetence, restriction or injunction in relation to your right to act in accordance with these Terms of Service and/or to make user content available.
D> You are exclusively responsible for all licenses, reporting and payment obligations to any third party, including but not limited to collective copyright organizations, in connection with the use of the user content which you make available as referred to in these Terms of Service.

<4.6>
You are personally fully liable for the user content you make available.
LyfeRadio is not liable for the consequences of any use of this user content in accordance with these Terms of Service and you indemnify LyfeRadio against any third-party claims in that respect.
All costs incurred and damaged suffered by LyfeRadio in any way related to such claims will be compensated by you.

<4.7>
LyfeRadio reserves the right to remove or block user content or otherwise render it inaccessible if it is in violation of the provisions of these Terms of Service or if necessary without report of reasons.

[5] Prohibited User Content.


This article contains a non-exhaustive list of user content which you may in no event make available via the website (in which respect it applies that exclusively LyfeRadio has discretion in deciding whether particular user content is permitted or not):

  • User content that is discriminatory with respect to appearance, race, religion, gender, culture, origin, or may otherwise be considered hurtful.

  • User content that incites violence against or harassment of another person or persons.

  • User content which results in or results from the exploitation or abuse of others.

  • User content which in LyfeRadio's opinion is immoral or distasteful, violent or which contains a link to pornographic material or pornographic websites or which contains pornographic or erotic material.

  • User content in which the personal details of underage persons are requested and/or which the personal details of other people are made available.

  • User content which commits or promotes illegal activities.

  • User content which infringes upon intellectual property rights, privacy rights or any other rights of LyfeRadio or third parties.

  • User content involving chain letters, junk mail or spam and/or passwords or other information that can be traced to persons being requested for commercial or illegal purposes.

  • User content which involves commercial activities for which prior permission from LyfeRadio has not been obtained, such as advertisements, lotteries, competitions or pyramid games.

  • User content containing a photo or image of another person without his/her permission.

  • User content which is in violation of any law, regulation, by-law, other applicable regulation or these Terms of Service.



[6] Notices concerning unlawful Content.


<6.1>
LyfeRadio will investigate notices of infringements of third-party rights by users of the services and take steps against such infringements if possible.
If you believe a user of the services has infringed your rights, we ask that you notify us of this by sending an Email via the contact form.

This notifcation must:

  • Contain the URL of the page where the content you believe to constitute an infringement can be found on the website.

  • Contain a declaration that, in your opinion, your rights are being infringed and why that is the case.

  • Contain contact information where LyfeRadio can reach you, such as your name, address, telephone number and Email address.

  • Contain a statement, supported with evidence, that the information in your notification is accurate and complete.

  • Be signed by the owner or the party that is demonstrably authorized to act on the owner's behalf.

  • Contain, if an is involved, a description of the work or works which have been infringed in your opinion with a specification of what constitutes the infringement.



<6.2>
LyfeRadio reserves the right to forward the notification to the person(s) or business that are responsible for the content to which the notification relates.

<6.3>
If it emerges from the notification that the content is proven unlawful, the content will be removed or rendered inaccessible by LyfeRadio.

<6.4>
LyfeRadio reserves the right not to honor a request that content be removed or rendered inaccessible if LyfeRadio has good reason to doubt the accuracy of the notification or lawfulness of the evidence supplied or if the content to which the notification relates does not prove to be unmistakably unlawful.

<6.5>
LyfeRadio will not be able to be party in anyway to a dispute between the party submitting the notification and the user to which the notification pertains.

[7] Content, Availablity and Stopping of Services.


<7.1>
The services are made available on as 'as is' basis.
Despite the constant care and attention devoted by LyfeRadio to the content and composition of the services, it gives no guarantees with regard to the completeness, accuracy or reliability thereof, nor does LyfeRadio guarantee that the services will be available at all times and without interruption, disruptions or errors, that defects will be repaired at all times or that the website and server on which it is held are free from viruses or other contagious or harmful files.
You agree that LyfeRadio is not liable for damage to or loss of your computer, data or computer and telecomunication systems as a result of the use of the services.

<7.2>
In supplement to the other (legal) means at LyfeRadio's disposal, LyfeRadio has the right at all times, without report of reasons and without prior explanation, to (temporarily) limit, suspend or terminate the provision of one or more services to you, to temporarily or permanently stop or delete your account, remove your user content and/or issue a warning, in particular but not exclusively if:
1> You act in violation of these Terms of Service.
2> LyfeRadio believes that your actions could cause damage or liability to yourself, other users or LyfeRadio.
This will not make LyfeRadio liable in any event.

<7.3>
If your use of a paid service is terminated for any reason whatsoever, you are not entitled to a refund or any amounts paid (in advance).
In such cases, any amounts already paid revert to LyfeRadio.

[8] Privacy.


<8.1>
By using the services, you become bound by our Privacy Statement.

<8.2>
If you provide user content using the privacy setting 'Public', this means that every visitor of the website has access to that user content.

[9] Third-Party Services.


<9.1>
The website contains both services provided by LyfeRadio and services provided by third parties or links to third-party websites.
The inclusion or availability of third-party services on the website does not imply that LyfeRadio has approved or verified these services.
LyfeRadio is not responsible for these third-party services or any use thereof by users of the website.
Nor is LyfeRadio responsible for (the content of) third-party websites to which reference is made on the website via hyperlinks or otherwise.

<9.2>
The applicable Terms of Service of these third parties apply to these third-party services, in supplement to these Terms of Service.
By using the particular service, you agree to these conditions.

[10] Changes.


LyfeRadio has the right to change the services and these Terms of Service at any moment, without notifying the users.
The amended Terms of Service take effect at the moment they are published on the website.
It is therefore a good idea to consult these Terms of Service regularly.

[11] Other Provisions.


If one or more provisions from these Terms of Service are void or are annulled, the remaining provisions remain fully in force.
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