RadioStream Terms of Service

A. Introduction

The following terms and conditions (the “Terms of Service”) apply and continue to apply from your first use of the services provided on radiostream.ca (the “Site”). Please read the Terms of Service and make sure you understand them. Your use of the Services constitutes your agreement to be bound by these Terms of Service. If you do not agree with the terms of these Terms of Service, then do not use the Services. These Terms of Service may be amended and updated from time to time.  You should review these terms periodically, and each use of the Service is subject to the then-current form of the Terms of Service.

B. Parties

The Services are provided by RadioStream Canada LTD, registered in the United States and Canada. Our registered office is 886-2785 Commercial Drive Vancouver BC V5N 4C5, Canada (“RadioStream”, “we” or “us”). We make certain streaming audio and platforms available to customers on our Site for the purposes of broadcasting their licensed programming, providing a digital medium for online broadcasters and services. Some of the Services may be provided by sub-contractors acting on our behalf.

It is agreed as follows:

C. Interpretation

1. The definitions and rules of interpretation in this clause apply in the Terms of Service:

• “Applicable Law”: means Both Local and Federal laws.
• “Authorized Users”: means those employees, agents, and independent contractors associated with you who are authorized by you to use the Services and the Documentation.
• “Business Day”: means any day which is not a Saturday, Sunday, or public holiday in England.
• “Customer Data”: means the information inputted by you, the Authorized Users, or us on your behalf for the purpose of using the Services or facilitating your use of the Services.
• “Documentation”: means the document made available to you by us online via the Site or such other web address notified by us to you from time to time which sets out a description of the Services and the user instructions for the Services.
• “Purpose”: means to conduct business and trade with other users on the platform for the purchase and/or supply of goods and services (not as a private individual or consumer).
• “Services”: means the services described in the Terms of Service.
• “Standard”: Set of internationally recognized standards, directories, and guidelines for the electronic interchange of structured data, and in particular, interchange related to trade in goods and services, between independent computerized information systems.
• “Software”: means the online software applications provided by us as part of the Services.
• “Virus”: means anything or device (including any software, code, file or program) which may: prevent, impair or otherwise adversely affect the operation of any computer software, hardware or network, any telecommunications service, equipment or network or any other service or device; prevent, impair or otherwise adversely affect access to or the operation of any program or data, including the reliability of any program or data (whether by re-arranging, altering, or erasing the program or data as whole or part or otherwise); or adversely affect the user experience, including, but not limited to worms, trojan horses, malware, and other similar things or devices.

2. Clause headings shall not affect the interpretation of the Terms of Service.

3. A person includes an individual, corporate, or unincorporated body (whether or not having separate legal personality) and that person’s legal and personal representatives, successors, or permitted assigns.

4. A reference to a company shall include any company, corporation, or other body corporate, wherever and however incorporated or established.

5. Words in the singular shall include the plural and vice versa.

6. A reference to one gender shall include a reference to the other genders.

7. A reference to a statute or statutory provision is a reference to it as it is in force, for the time being, taking account of any an amendment, extension, or re-enactment and includes any subordinate legislation for the time being in force made under it.

8. A reference to writing or written includes e-mail but not faxes, unless otherwise specified.

9. References to clauses are to the clauses of the Terms of Service.

D. Use of the Radiostream Services

1. As a condition of your (“you” or “your”) use of the Site and the Services, you agree that:

• You are at least 16 years of age.
• You are using the Services on behalf of a company or other legal entity.
• You have the authority to bind to the Terms of Service any company (being a company or other legal entity and its affiliates) you are a director, officer, of an employee of, or otherwise act on behalf of, whilst using our Services.
• You are using the Services for the Purpose.
• You are not barred from using our Services under Applicable Law.
• You will not attempt to use the Services with crawlers, robots, data mining or extraction tools, or broadcast unlicensed material, media, programming, content any other functionality.
• Your use of the Site and the Services will always comply with these Terms of Service.
• You will only engage in transactions that comply with the letter and spirit of these Terms of Service;
• You have the right to provide all information you submit through the Site and Services, and the information and all such information is accurate, true, current, and complete; and
• You will update and correct information you have submitted through the Site and Services and ensure that it is accurate at all times.

2. Subject to your compliance with the terms and conditions contained in the Terms of Service, we hereby grant to you a non-exclusive, non-transferable and time-limited right to use the Services solely for the Purpose.

3. You shall not, and shall not permit Authorized Users, to access, store, distribute or transmit any Viruses, or any material during the course of your use of the Services that:

• are unlawful, harmful, threatening, defamatory, obscene, infringing, harassing, or racially or ethnically offensive.
• facilitate illegal activity.
• depict sexually explicit images.
• promote violence.
• are discriminatory based on race, gender, color, religious belief, sexual orientation, disability, or any other illegal activity; or
• cause damage or injury to any person or property.

4. You shall not, and shall not permit the Authorized Users to:

1. except as may be allowed by any Applicable Law which is incapable of exclusion by agreement between the parties:

attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit or distribute all or any portion of the Software in any form or media or by any means; or

attempt to reverse compile, disassemble, reverse engineer, or otherwise, reduce to human-perceivable form all or any part of the Software; or

access all or any part of the Services to build a product or service which competes with the Services; or

use the Services to provide services to third parties, except where explicitly indicated on the Site; or

license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Services available to any third party except you or the Authorised Users, or

attempt to obtain, or assist third parties in obtaining, access to the Services and/or Documentation, other than as provided under this clause.

5. You shall use all reasonable efforts to prevent any unauthorized access to, or use of, the Services and, in the event of any such unauthorized access or use, promptly notify us.