("RadioExpert", "we", "us", and/or “our”) provides a radio tuning service (the "RadioExpert Service") through the website RadioExpert.net as well as other websites owned or operated by RadioExpert (the "Sites") and through mobile applications such as Radio en direct France for iOS and Android ("Radio en direct France"). Your use of the RadioExpert Service provided through or in connection with the Sites and Mobile Applications and viewing of the content available at the Sites and Mobile Applications, is subject to this Terms of Service Agreement and the current RadioExpert. These Terms of Service govern your access to and use of the RadioExpert Service, including any content, information, products or services therein. This is a legal agreement between you and RadioExpert. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR USE THE RADIOEXPERT SERVICE.
Links On The RadioExpert Service
The websites displayed as search results or linked to by the RadioExpert Service are owned and operated by individuals and/or companies over whom RadioExpert exercises no control. RadioExpert assumes no responsibility for the content of any website included in any search results or otherwise linked to by the RadioExpert Service. As an example, logos as well as links to radio station streams are the copyright of each respective radio station. If, for any reason, the owner and operator of a linked website wishes the link from the RadioExpert Service to be deleted, they must contact RadioExpert (office at RadioExpert dot net or use our contact form) and expressly request such deletion.
Personal Use Only
The RadioExpert Service is made available for your personal, non-commercial use only. Use of RadioExpert to sell a product or service, or to increase traffic to your website for commercial reasons, such as advertising sales is expressly forbidden. You may not take the results from a RadioExpert search and reformat and display them, or mirror the RadioExpert home page or results pages on your website, or send automated queries to RadioExpert's system without express permission from RadioExpert.
If you wish to make commercial use of the RadioExpert Service you must enter into an agreement with RadioExpert to do so. Please contact office at RadioExpert dot net or use our contact form for more information.
Certain types of content are made available through the RadioExpert Service. "RadioExpert Content" as used in these Terms of Service means, collectively, the text, data, graphics, images, photos and video files made available through the RadioExpert Service, excluding User Submissions. "User Submissions" as used in these Terms of Service means, collectively, the text, data, graphics, images, photos and other content and information which Members post, upload and otherwise submit to the RadioExpert Service, including without limitation in Member created profile pages. RadioExpert RESERVES THE RIGHT TO REMOVE AND PERMANENTLY DELETE ANY RadioExpert CONTENT OR USER SUBMISSIONS FROM THE RadioExpert SERVICE WITHOUT NOTICE.
3. Your Obligations in Using the RadioExpert Service
The RadioExpert Service may be used and accessed for lawful and non-commercial purposes only. You agree to abide by all applicable local, state, national and foreign laws, treatises and regulations in connection with your use of the Sites and Mobile Applications. In addition, without limitation, you agree that you will not do any of the following while using or accessing the Sites or Mobile Applications:
a. Circumvent, disable or otherwise interfere with security related features of the RadioExpert Service or features that prevent or restrict use or copying of any RadioExpert Content;
b. Upload, post, email or otherwise transmit (i) any User Submission to which you do not have the lawful right to copy, transmit and display (including any User Submission that would violate any confidentiality or fiduciary obligations that you might have with respect to the User Submission); (ii) any User Submission for which you do not have the consent or permission of each identifiable person in the User Submission to use the name, voice, signature, photograph, or likeness of each such person (to the extent each is implicated by the User Submission) and such consent or permission is necessary; or (iii) any User Submission that infringes the intellectual property rights or violates the privacy rights of any third party (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity);
c. Use any meta tags or other hidden text or metadata utilizing a RadioExpert name, trademark, URL or product name;
d. Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, "pyramid schemes" or any other form of solicitation;
e. Forge any TCP/IP packet header or any part of the header information in any posting or in any way use the RadioExpert Service to send altered, deceptive or false source-identifying information;
f. Upload, post, email, or otherwise transmit, via the RadioExpert Service, any User Submissions that are unlawful, obscene, harmful, threatening, harassing, defamatory or hateful or that contain objects or symbols of hate, invade the privacy of any third party, contain nudity (including without limitation any pornography, erotica, child pornography or child erotica), are deceptive, threatening, abusive, inciting of unlawful action, defamatory, libelous, vulgar or violent or constitute hate speech or are otherwise objectionable in the opinion of RadioExpert;
h. Upload, post, email or otherwise transmit any User Submissions that include code that is hidden or otherwise surreptitiously contained within the images, audio or video of any User Submissions that is unrelated to the immediate, aesthetic nature of the User Submissions;
i. Interfere with or disrupt (or attempt to interfere with or disrupt) any web pages available at the RadioExpert Service, servers or networks connected to the RadioExpert Service or the technical delivery systems of RadioExpert's providers or disobey any requirements, procedures, policies or regulations of networks connected to the RadioExpert Service;
j. Attempt to probe, scan or test the vulnerability of any RadioExpert system or network or breach or impair or circumvent any security or authentication measures protecting the RadioExpert Service;
k. Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the RadioExpert Services;
l. Attempt to access, search or meta-search the RadioExpert Service with any engine, software, tool, agent, device or mechanism other than software and/or search agents provided by RadioExpert or other generally available third party web browsers (such as Microsoft Internet Explorer, Mozilla Firefox, Safari or Opera), including without limitation any software that sends queries to the Site to determine how a website or web page ranks.
m. Collect or store personal data about other RadioExpert Users without their express permission;
n. Impersonate or misrepresent your affiliation with any person or entity, through pretexting or some other form of social engineering or otherwise commit fraud;
o. Use the RadioExpert Service in any manner not permitted by this Agreement; or
p. Encourage or instruct any other individual to do any of the foregoing or to violate any term of these Terms of Service.
4. Termination; Cancellation
a. We may immediately terminate or suspend your access to the RadioExpert Service and remove any material (including User Submissions) from the RadioExpert Service or our servers, in the event that you breach these Terms of Service. Notwithstanding the foregoing, we also reserve the right to terminate the RadioExpert Service or your access thereto at any time and for any reason. After such a termination, you understand and acknowledge that we will have no further obligation to provide the RadioExpert Service. Upon termination, all licenses and other rights granted to you by these Terms of Service will immediately cease. RadioExpert is not liable to you or any third party for termination of the RadioExpert Service or termination of your use of the RadioExpert Service. UPON ANY TERMINATION OR SUSPENSION, ANY INFORMATION (INCLUDING USER SUBMISSIONS) THAT YOU HAVE SUBMITTED ON THE RADIOEXPERT SERVICE OR THAT WHICH IS RELATED TO YOUR ACCOUNT MAY NO LONGER BE ACCESSED BY YOU. Furthermore, RadioExpert will have no obligation to maintain any information stored in our database related to your Account or to forward any information to you or any third party.
b. Any suspension, termination or cancellation will not affect your obligations to RadioExpert under these Terms of Service (including but not limited to ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation.
5. Modification of the RadioExpert Service or Terms of Service
RadioExpert reserves the right, in its sole discretion, at any time to modify, discontinue or terminate the RadioExpert Service, or modify these Terms of Service without notice. If any modified terms and conditions are not acceptable to you, your sole remedy is to cease using the RadioExpert Service. By continuing to access or use the RadioExpert Service after RadioExpert makes any such modification, you agree to be bound by the revised Terms of Service.
6. Disclaimer of Warranties
RadioExpert disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed on the RadioExpert Service. RadioExpert disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. RadioExpert disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through the RadioExpert Service.
THE RADIOEXPERT SERVICE IS PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. RADIOEXPERT EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. RADIOEXPERT DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE RADIOEXPERT SERVICE. RADIOEXPERT DISCLAIMS, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE RADIOEXPERT SERVICE. RADIOEXPERT DISCLAIMS ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE RADIOEXPERT SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED BY RADIOEXPERT, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE RADIOEXPERT SERVICE.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE RADIOEXPERT SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIAL OR DATA.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
7. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL RADIOEXPERT BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON THE RADIOEXPERT SERVICE ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF RADIOEXPERT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE RADIOEXPERT SERVICE, FROM INABILITY TO USE THE RADIOEXPERT SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE RADIOEXPERT SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE RADIOEXPERT SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE RADIOEXPERT SERVICE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE RADIOEXPERT SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE RADIOEXPERT SERVICE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE RADIOEXPERT SERVICE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, RADIOEXPERT. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Without limiting the foregoing, under no circumstances shall RadioExpert be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
8. Miscellaneous Provisions
The English language version of these Terms of Service is the version that governs your use of the RadioExpert Service and in the event of any conflict between the English language version and a translated version, the English language version will control.
These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by RadioExpert.
If you have questions about this Statement or our policies, please contact us at [email protected]
or write to us at our address for receiving written communications and notifications:
Radio Expert DOO
Tax identification number (PIB): 113439886
Last updated on January 31, 2023.