Hi there and welcome to our Terms and Conditions of Use. This is important and affects your legal rights, so please read them carefully.
Thanks for choosing Fmflix. By signing up or otherwise using the Fmflix service, websites, and software applications (together, the “Fmflix Service” or “Service”), or accessing any content or material (the “Content”, “User Content”) that is made available by Fmflix through the Service, You (“user(s)”, “subscriber(s), “visitor(s)”) are entering into a binding contract with the Fmflix entity indicated at the bottom of this document.
Fmflix may modify the Agreement at any time, and such modifications shall be effective immediately upon posting of the modified Agreement on the site. You agree to review the Agreement periodically to be aware of such modifications and your continued access or use of the Site shall be deemed your conclusive acceptance of the modified Agreement.
2. Exploring Fmflix
Fmflix is one of the largest directories of online streaming radio stations, allowing users quick access to almost any radio station from around the World through mobile or desktop. Fmflix’s goal is to make tuning to your favorite stations just quick, fun and enjoyable. Whatever your preferences are,music genres list, station news, podcasts, shows list, Fmflix is always ready to provide even more.
We provide with the service through the website Fmflix.net and through mobile applications for IOS and Android . Access to the Site is free of charge. If applicable, you must register on the Site, communicate certain data and possibly create an access code or a password to use any other (if any) additional services (“Other Services”).
Of course we did not forget about copyright which means firstly, we collected only the free access links to radio stations and secondly, we do not broadcast radio\audio content. Rights in the audio content made available for streaming on the site are owned by the station providers or their licensors. If any station objects to the way they have been listed, please contact us for the link and/or logo to be altered or deleted.
If there is a charge for access to certain services, you will be informed about such changes before you register.
3. Use of the service
With respect to any User Content you post on THE SITE, (1) you have the right to post such User Content, and (2) such User Content, or its use by Fmflix as contemplated by the Agreements, does not violate the Agreements, applicable law, or the intellectual property (including without limitation copyright), publicity, personality, or other rights of others or imply any affiliation with or endorsement of you or your User Content by Fmflix or any artist, band, label, entity or individual without express written consent from such individual or entity.
In all cases, We reserve the right to remove or disable access to any User Content for any or no reason, including but not limited to, User Content that, in Fmflix’s sole discretion, violates the Agreements. We may take these actions without prior notification to you or any third party. Removal or disabling of access to User Content shall be at our sole discretion, and we do not promise to remove or disable access to any specific User Content.
Third Parties. The Fmflix Service is integrated with third party applications, websites, and services to make available content, products, and/or services to you. Fmflix makes no representations whatsoever about any of those web sites which you may access through this one or which may link to this Site. When you access a non-Fmflix web site, please understand that it is independent from Fmflix, and that Fmflix has no control over the content on that web site. These Third Parties\web-sites may have their own terms and conditions of use and privacy policies and your use of these Third Party sites will be governed by and subject to such terms and conditions and privacy policies. In addition, a link to Fmflix web site does not mean that Fmflix endorses or accepts any responsibility for the content, or the use, of such web site.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET.
Fmflix PROVIDES THE SITE AND RELATED INFORMATION “AS IS” AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND Fmflix SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION.
IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY.
Fmflix DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining means external to the Site for the reconstruction of any lost data (due to viruses attacks etc).
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. Fmflix HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
Intellectual Property Rights
The entire content of the Site is protected by international copyright and trademark laws. The owner of the copyrights and trademarks are Fmflix, its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE.
Though we are the owner or the licensee of intellectual property rights in our site, we do not own the intellectual property rights in the audio content made available for streaming on the site. Rights in the streaming audio are owned by the station providers or their licensors. Rights in our website and in the streaming audio content are protected by copyright laws and treaties around the world. All such rights are reserved.
We grant you a limited, non-exclusive, revocable license to make use of Fmflix Service, and a limited, non-exclusive, revocable license to make personal, non-commercial, entertainment use of the Site. This license shall remain in effect until and unless terminated by you or Fmflix. You promise and agree that you are using the Content for your own personal, non-commercial, entertainment use and that you will not redistribute or transfer the Fmflix Service or the Content.
You agree to grant to Fmflix a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site or by e-mail to Fmflix by all means and in any media now known or hereafter developed. You also grant to Fmflix the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against for any alleged or actual infringement or misappropriation of any proprietary right in your communications to Fmflix.
You agree to be provided with advertising and other information to you, and to allow our business partners to do the same. In any part of the Fmflix Service, the Content you view, including its selection and placement, may be influenced by commercial considerations, including agreements with third parties. Some Content licensed or provided to Fmflix may contain advertising as part of the Content. In such cases, Fmflix will make such Content available to you unmodified.
If you believe that any Content infringes your intellectual property rights or other rights, please contact [email protected]
LIMITATION OF LIABILITY
YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE Fmflix SERVICE IS TO UNINSTALL ANY Fmflix SOFTWARE AND TO STOP USING THE Fmflix SERVICE. WHILE WE ACCEPT NO RESPONSIBILITY FOR THIRD PARTY SITES OR THE CONTENT THEREOF, AND WHILE YOUR RELATIONSHIP WITH SUCH THIRD PARTIES SITES MAY BE GOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY, AS WITH RESPECT TO Fmflix, FOR ANY PROBLEMS OR DISSATISFACTION WITH THIRD PARTIES SITES OR THE CONTENT THEREOF, IS TO UNINSTALL AND/OR STOP USING ANY SUCH THIRD PARTIES SITES.
IN NO EVENT WILL FMFLIX BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF Fmflix OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE(IF APPLICABLE). BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS Fmflix LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
You agree to indemnify, defend and hold harmless Fmflix, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.
This Agreement may be terminated by either party without notice at any time for any reason. The provisions of Copyright, Use of the Site, Indemnification, and Governing Law shall survive any termination of this Agreement.
Unless otherwise required by a mandatory law of a member state of the European Union or any other jurisdiction, the Agreements (and any non-contractual disputes/claims arising out of or in connection with them) are subject to the laws of Estoniawithout recourse to its conflict of laws principles.
Fmflix may assign the Agreement or any part of it, and Fmflix may delegate any of its obligations under the Agreement(s). You may not assign the Agreement(s) or any part of it, nor transfer or sublicense your rights under the Agreement(s), to any third party.
Fmflix respects the intellectual property rights of third parties, and complies with the terms of the Digital Millennium Copyright Act (DMCA) regarding such rights. By submitting any material or photographs through this Fmflix Site, you are granting permission to have this material posted on this Fmflix Site, and are representing that you are the rightful owner of the submitted material, and that no one else may claim rights to this material.Fmflix reserves the right to remove access to infringing material. Such actions do not affect or modify any other rights Fmflix may have under law or contract. You can find our procedures for providing notice of alleged copyright infringement below.
Procedure for Making Claim of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, you should send written notification thereof, in accordance with the provisions of the Digital Millennium Copyright Act, to our Designated Agent, who can be reached as follows:
DMCA Designated Agent
c/o Legal Department
By Email: [email protected]
Pursuant to 17 U.S.C. § 512(c), to be effective, the Notification must include the following:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit iHeartMedia to locate the material.
(iv) Information reasonably sufficient to permit iHeartMedia to contact the complaining party, such as an address, telephone number, and, if available, an email address.
(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
This process only relates to reporting a claim of copyright infringement. Messages related to other matters will not receive a response through this process.