Radio Relax Ue Terms and Conditions of Use

Hello, and welcome to the Radio Relax Ue Terms and Conditions of Use ("Terms"). The Terms you see below are important because they:

• Outline your legal rights on Radio Relax Ue
• Explain the rights you give to us when you use Radio Relax Ue
• Describe the rules everyone needs to follow when using Radio Relax Ue
• Contain a class action waiver and an agreement on how to resolve any disputes that may arise by arbitration

 Please read these Terms, our Privacy Policy and any other terms referenced in this document carefully. We hope you're sitting comfortably and listening to some great music.

Let's get started...

1 Introduction

Thanks for choosing Radio Relax Ue ("Radio Relax Ue," "we," "us," "our"). Radio Relax Ue provides personalised services with social and interactive features for streaming music, audio and other content as well as other products and services that may be developed from time to time. By signing up or otherwise using any of these Radio Relax Ue services, including all associated features and functionalities, websites and user interfaces, as well as all content and software applications associated with our services (collectively, the "Radio Relax Ue Service" or "Service"), or accessing any music, videos or other content or material that is made available through the Service (the "Content") you are entering into a binding contract with the Radio Relax Ue entity indicated in Section 25 (Contact us).

 2 Changes to the Agreements

Note: this only applies to uploading content to our service (not importing content).

Occasionally we may make changes to the Agreements for valid reasons, such as improving the existing functions or features or adding new functions or features to the Service, implementing advancements in science and technology, and reasonable technical adjustments to the Service, ensuring the operability or the security of the Service, and for legal or regulatory reasons. When we make material changes to the Agreements, we'll provide you with notice as appropriate under the circumstances, e.g., by displaying a prominent notice or seeking your agreement within the Service or by sending you an email. In some cases, we will notify you in advance, and your continued use of the Service after the changes have been made will constitute your acceptance of the changes. Please therefore make sure you read any such notice carefully. If you do not wish to continue using the Service under the new version of the Agreements, you may terminate your account by contacting us.

 3 Enjoying Radio Relax Ue

Here's some information about all the ways you can enjoy Radio Relax Ue.

3.1 Service Options

4 Using our service

We grant you limited, non-exclusive, revocable permission to make use of the Radio Relax Ue Service, and limited, non-exclusive, revocable permission to make personal, non-commercial use of the Content (collectively, "Access"). This Access shall remain in effect until and unless terminated by you or Radio Relax Ue. You promise and agree that you are using the Radio Relax Ue Service and Content for your own personal, non-commercial use and that you will not redistribute or transfer the Radio Relax Ue Service or the Content.

All Radio Relax Ue trademarks, service marks, trade names, logos, domain names, and any other features of the Radio Relax Ue brand ("Radio Relax Ue Brand Features") are the sole property of Radio Relax Ue or its licensors. The Agreements do not grant you any rights to use any Radio Relax Ue Brand Features whether for commercial or non-commercial use.

You agree to abide by our User guidelines and not to use the Radio Relax Ue Service, the Content, or any part thereof in any manner not expressly permitted by the Agreements. Except for the rights expressly granted to you in the Agreements, Radio Relax Ue grants no right, title, or interest to you in the Radio Relax Ue Service or Content.

Third party software (for example, open source software libraries) included in the Radio Relax Ue Service are made available to you under the relevant third party software library's license terms as published in the help or settings section of our desktop and mobile client and/or on our website.

5 User-Generated Content

Radio Relax Ue users may post, upload, import or otherwise contribute content to the Service (which may include, for example, pictures, text, messages, information, playlist titles, descriptions and compilations, and/or other types of content) ("User Content"). For the avoidance of doubt, "User Content" includes any such content posted to the Radio Relax Ue.

You promise that, with respect to any User Content you post on Radio Relax Ue, (1) you own or have the right to post such User Content, and (2) such User Content, or its use by Radio Relax Ue as contemplated by the Agreements, does not violate the Agreements or any other rights set forth within the User guidelines, applicable law, or the intellectual property, publicity, personality, or other rights of others or imply any affiliation with or endorsement of you or your User Content by Radio Relax Ue or any artist, band, label, entity or individual without express written consent from Radio Relax Ue or such individual or entity.

Radio Relax Ue may, but has no obligation to, monitor, review, or edit User Content. In all cases, Radio Relax Ue reserves the right to remove or disable access to any User Content for any or no reason, including User Content that, in Radio Relax Ue's sole discretion, violates the Agreements. Radio Relax Ue 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.

You are solely responsible for all User Content that you post. Radio Relax Ue is not responsible for User Content nor does it endorse any opinion contained in any User Content. **YOU AGREE THAT IF ANYONE BRINGS A CLAIM AGAINST RADIO RELAX UE RELATED TO USER CONTENT THAT YOU POST, THEN, TO THE EXTENT PERMISSIBLE UNDER LOCAL LAW, YOU WILL INDEMNIFY AND HOLD RADIO RELAX UE HARMLESS FROM AND AGAINST ALL DAMAGES, LOSSES, AND EXPENSES OF ANY KIND (INCLUDING REASONABLE ATTORNEY FEES AND COSTS) ARISING OUT OF SUCH CLAIM**.

6 Rights you grant us

 In consideration for the rights granted to you under the Agreements, you grant us the right to (1) to provide advertising and other information to you, and (2) to allow our business partners to do the same. In any part of the Radio Relax Ue Service, the Content you access, including its selection and placement, may be influenced by commercial considerations, including Radio Relax Ue's agreements with third parties. Some Content licensed by, provided to, created by or otherwise made available by Radio Relax Ue (e.g. podcasts) may contain advertising as part of the Content. The Radio Relax Ue Service makes such Content available to you unmodified.

If you provide feedback, ideas, or suggestions to Radio Relax Ue in connection with the Radio Relax Ue Service or Content ("Feedback"),  you acknowledge that the Feedback is not confidential and you authorize Radio Relax Ue to use that Feedback without restriction and without payment to you. Feedback is considered a type of User Content.

You grant Radio Relax Ue a non-exclusive, transferable, sub-licensable, royalty-free, perpetual (or, in jurisdictions where this is not permitted, for a term equal to the duration of the Agreements plus twenty (20) years), irrevocable, fully paid, worldwide license to use, reproduce, make available to the public (e.g. perform or display), publish, translate, modify, create derivative works from, and distribute any of your User Content in connection with the Service through any medium, whether alone or in combination with other Content or materials, in any manner and by any means, method or technology, whether now known or hereafter created. Aside from the rights specifically granted herein, you retain ownership of all rights, including intellectual property rights, in the User Content. Where applicable and permitted under applicable law,  you also agree to waive and not enforce any "moral rights" or equivalent rights, such as your right to be identified as the author of any User Content, including Feedback, and your right to object to derogatory treatment of such User Content.

7 User guidelines

Radio Relax Ue respects intellectual property rights and expects you to do the same. Uspostavili smo nekoliko osnovnih pravila koja treba da se pridržavate kada koristite uslugu, to make sure Radio Relax Ue stays enjoyable for everyone. You must follow these rules and should encourage other users to do the same.The following is not permitted for any reason whatsoever:

1. copying, redistributing, reproducing, "ripping," recording, transferring, performing or displaying to the public, broadcasting, or making available to the public any part of the Radio Relax Ue Service or the Content, or otherwise making any use of the Radio Relax Ue Service or the Content which is not expressly permitted under the Agreements or applicable law or which otherwise infringes the intellectual property rights (such as copyright) in the Radio Relax Ue Service or the Content or any part of it;
2. using the Radio Relax Ue Service to import or copy any local files that you do not have the legal right to import or copy in this way;
3. transferring copies of cached Content from an authorized Device to any other Device via any means;
4. reverse-engineering, decompiling, disassembling, modifying, or creating derivative works of the Radio Relax Ue Service, Content or any part thereof except to the extent permitted by applicable law.  [If applicable law allows you to decompile any part of the Radio Relax Ue Service or the Content where required in order to obtain the information necessary to create an independent program that can be operated with the Radio Relax Ue Service or with another program, the information you obtain from such activities (a) may only be used for the foregoing objective, (b) may not be disclosed or communicated without Radio Relax Ue's prior written consent to any third party to whom it is not necessary to disclose or communicate in order to achieve that objective, and (c) may not be used to create any software or service that is substantially similar in its expression to any part of the Radio Relax Ue Service or the Content];
5. circumventing any technology used by Radio Relax Ue, its licensors, or any third party to protect the Content or the Service;
6. selling, renting, sublicensing, or leasing of any part of the Spotify Service or the Content;
7. circumventing any territorial restrictions applied by Radio Relax Ue or its licensors;
8. artificially increasing play counts, follow counts, or otherwise manipulating the Service by (I) using any bot, script, or other automated process; (II) providing or accepting any form of compensation (financial or otherwise), or (III) any other means;
9. removing or altering any copyright, trademark, or other intellectual property notices contained on the Content or the Service or provided through the Service (including for the purpose of disguising or changing any indications of the ownership or source of any Content);
10. circumventing or blocking advertisements in the Radio Relax Ue Service, or creating or distributing tools designed to block advertisements in the Radio Relax Ue Service
11. providing your password to any other person or using any other person's username and password;
12. "crawling" the Radio Relax Ue Service or otherwise using any automated means (including bots, scrapers, and spiders) to view, access, or collect information from Radio Relax Ue or the Radio Relax Ue Service;
13. selling a user account or playlist, or otherwise accepting or offering to accept any compensation, financial or otherwise, to influence the name of an account or playlist or the content included on an account or playlist; or
14. artificially promoting Content by automated means or otherwise.

Please respect Radio Relax Ue, the owners of the Content, and other users of the Radio Relax Ue Service. Don't engage in any activity, post any User Content, or register and/or use a username, which is or includes material that:

1. is offensive, abusive, defamatory, pornographic, threatening, or obscene;
2. is illegal, or intended to promote or commit an illegal act of any kind, including violations of intellectual property rights, privacy rights, or proprietary rights of Radio Relax Ue or a third party;
3. includes your password or purposely includes any other user's password or purposely includes personal data of third parties or is intended to solicit such personal data;
4. includes malicious content such as malware, Trojan horses, or viruses, or otherwise interferes with any user's access to the Service;
5. is intended to or does harass or bully other users;
6. impersonates or misrepresents your affiliation with another user, person, or entity, or is otherwise fraudulent, false, deceptive, or misleading;
7. involves the transmission of unsolicited mass mailings or other forms of spam ("spam"), junk mail, chain letters, or similar;
8. involves commercial or sales activities, such as advertising, promotions, contests, sweepstakes, or pyramid schemes, that are not expressly authorized by Radio Relax Ue;
9. links to, references, or otherwise promotes commercial products or services, except as expressly authorized by Radio Relax Ue;
10. interferes with or in any way disrupts the Radio Relax Ue Service, tampers with, breaches, or attempts to probe, scan, or test for vulnerabilities in the Service or Radio Relax Ue's computer systems, network, usage rules, or any of Radio Relax Ue's security components, authentication measures or any other protection measures applicable to the Service, the Content or any part thereof; or
11. conflicts with the Agreements, as determined by Radio Relax Ue.
12. You acknowledge and agree that posting any User Content that violates these User guidelines (or that Radio Relax Ue reasonably believes violates these User guidelines) may result in immediate termination or suspension of your Radio Relax Ue account. You also agree that Radio Relax Ue may reclaim your username where it is reasonable for us to do so, including if you have violated the Agreements.

Please be thoughtful about how you use the Radio Relax Ue Service and what you share. The Radio Relax Ue Service includes social and interactive features, including the ability to post User Content, share content, and make certain information about you public. Remember that shared or publicly available information may be used and re-shared by other users on Radio Relax Ue or across the web, so please use Radio Relax Ue carefully and be mindful of your account settings.Radio Relax Ue has no responsibility for your choices to post material on the Service.

Your password protects your user account, and you are solely responsible for keeping your password confidential and secure. You understand that you are responsible for all use (including any unauthorized use) of your username and password on the Service. If your username or password is lost or stolen, or if you believe there has been unauthorized access to your account by a third party, you must notify us immediately and change your password as soon as possible.

8 Infringement and reporting User Content

Radio Relax Ue respects the rights of intellectual property owners.  If you believe that any Content infringes your intellectual property rights or other rights, see Radio Relax Ue's copyright policy. If Radio Relax Ue is notified by a copyright holder, using the forms provided by Radio Relax Ue, that any Content infringes a copyright, Radio Relax Ue may in its sole discretion remove such Content from the Service, or take other steps that Radio Relax Ue deems appropriate, without prior notification to the user or other party who supplied or posted that Content. If such user or other party believes that the Content is not infringing, he or she may in certain circumstances submit a counter-notification to Radio Relax Ue with a request to restore the removed content, which Radio Relax Ue may or may not honor, in Radio Relax Ue's sole discretion.

If you believe that any Content does not comply with the User guidelines, please fill out our notice form.

9 Service limitations and modifications

Radio Relax Ue will make reasonable efforts to keep the Radio Relax Ue Service operational. However, certain technical difficulties, maintenance or testing, or updates required to reflect changes in relevant laws and regulatory requirements, may, from time to time, result in temporary interruptions. Radio Relax Ue reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Spotify Service, with advance notice where possible, all without liability to you, except where prohibited by law, for valid reasons such as in case of genuine interruption, modification, or discontinuation of the Radio Relax Ue Service or any function or feature thereof, or need to repair, maintain or improve the existing functions or features, or to add new functions or features to the Service, or to implement advancements in science and technology or ensure the operability or the security of the Service, legal and regulatory reasons.

10 Brand Accounts

If you establish a Radio Relax Ue account on behalf of a company, organization, entity, or brand (a "Brand," and such account a "Brand Account"), the terms "you" and "your," as used throughout the Agreements, apply to both you and the Brand. If you create a Brand Account, you represent and warrant that you are authorized to grant all permissions and licenses provided in the Agreements and to bind the Brand to the Agreements.

A Brand may follow users, create, and share playlists, provided that the Brand does not take any action that implies an endorsement or commercial relationship between the Brand and the followed user, artist, songwriter, or any other person, unless the Brand has independently obtained the rights to imply such an endorsement. In addition, Brands must be transparent to our users about disclosing any endorsements or consideration provided to artists, songwriters, users, or any other party and must comply with all applicable laws, regulations, and codes of practice when engaging in the foregoing practices.

11 Customer support

For customer support with account-related and payment-related questions ("Customer Support Queries"), please submit a ticket to our Customer Service department using the Customer Service contact form on the About Us section of our website. We will use reasonable endeavours to respond to all Customer Support Queries within a reasonable time frame but we make no promises that any Customer Support Queries will be responded to within any particular time frame and/or that we will be able to answer any such queries.

You can also file a complaint at the online platform for alternative dispute resolution (ODR-platform). You can find the ODR-platform through the following link:https://ec.europa.eu/consumers/odr.

12 Term and termination

The Agreements will continue to apply to you until terminated by either you or Radio Relax Ue. However, you acknowledge and agree that the perpetual license granted by you in relation to User Content, including Feedback, is irrevocable and will therefore continue after expiry or termination of any of the Agreements for any reason. Radio Relax Ue may terminate the Agreements or suspend your access to the Radio Relax Ue Service at any time, including in the event of your actual or suspected unauthorised use of the Radio Relax Ue Service and/or Content, non-compliance with the Agreements, or if we withdraw Services and/or Content (in which case we shall provide you reasonable notice in advance of doing so). If you or Radio Relax Ue terminate the Agreements, or if Radio Relax Ue suspends your access to the Radio Relax Ue Service, you agree that Radio Relax Ue shall have no liability or responsibility to you, and Radio Relax Ue will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. You may terminate the Agreements at any time. To learn how to terminate your Radio Relax Ue account, please contact us through the Customer Service contact form which is available on our About Us page. This section will be enforced to the extent permissible by applicable law.

Sections 7, 8, 9, 11, 15, 16, 17, 18 herein, as well as any other sections of the Agreements that, either explicitly or by their nature, must remain in effect even after termination of the Agreements, shall survive termination.

13 Limitation

YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE RADIO RELAX UE SERVICE IS TO UNINSTALL ANY RADIO RELAX UE SOFTWARE AND TO STOP USING THE RADIO RELAX UE SERVICE. YOU AGREE THAT RADIO RELAX UE HAS NO OBLIGATION OR LIABILITY ARISING FROM OR RELATED TO THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE RADIO RELAX UE SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY, AS WITH RESPECT TO RADIO RELAX UE, FOR ANY PROBLEMS OR DISSATISFACTION WITH THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, IS TO UNINSTALL AND/OR STOP USING ANY SUCH THIRD PARTY APPLICATIONS.

IN NO EVENT WILL RADIO RELAX UE, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR:

(1) ANY LOSS OR DAMAGE (INCLUDING ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY, DAMAGES) WHICH IS NOT FORESEEABLE. LOSS OR DAMAGE IS FORESEEABLE IF EITHER IT IS OBVIOUS THAT IT WILL HAPPEN OR IF, AT THE TIME THE CONTRACT WAS MADE, BOTH WE AND YOU KNEW IT MIGHT; (2) ANY: (A) LOSS OF USE; (B) LOSS OF DATA; (C) LOSS OF BUSINESS; (D) LOSS OF PROFITS; OR(E) DAMAGE TO DEVICES, TO THE EXTENT YOU COULD HAVE AVOIDED SUCH DAMAGE BY FOLLOWING OUR ADVICE TO APPLY UPDATES TO THE SERVICES OR CONTENT OR IF SUCH DAMAGE IS CAUSED BY YOU FAILING TO  CORRECTLY FOLLOW INSTALLATION INSTRUCTIONS OR HAVE IN PLACE THE MINIMUM SYSTEM REQUIREMENTS ADVISED BY US,

IN ALL CASES ARISING OUT OF THE USE OF OR INABILITY TO USE THE RADIO RELAX UE SERVICE, DEVICES, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER RADIO RELAX UE HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE;

(3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE RADIO RELAX UE SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT MORE THAN THE AMOUNTS PAID BY YOU TO RADIO RELAX UE DURING THE PRIOR TWELVE MONTHS IN QUESTION; OR

(4) NON-PERFORMANCE OR INADEQUATE PERFORMANCE OR DELAY TO THE OBLIGATIONS DERIVING FROM THE AGREEMENTS CAUSED BY FORCE MAJEURE OR ANY CAUSE WHICH IS NOT REASONABLY FORESEEABLE OR BEYOND RADIO RELAX UE 'S REASONABLE CONTROL.

Nothing in the Agreements removes or limits Radio Relax Ue's liability for fraud, fraudulent misrepresentation, death, or personal injury caused by its negligence, and, if required by applicable law, gross negligence.

THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. YOU MAY HAVE RIGHTS UNDER APPLICABLE LAW IN YOUR JURISDICTION WHICH PROVIDES FOR REMEDIES IN ADDITION TO THOSE SET OUT ABOVE.

14 Third party rights

You acknowledge and agree that the owners of the Content and certain distributors (such as app store providers) are intended beneficiaries of the Agreements and have the right to enforce the Agreements directly against you. Other than as set out in this section, the Agreements are not intended to grant rights to anyone except you and Radio Relax Ue, and in no event shall the Agreements create any third party beneficiary rights. Furthermore, the rights to terminate, rescind, or agree to any variation, waiver, or settlement of the Agreements are not subject to the consent of any other person.

15 Entire Agreement

Other than as stated in this section or as explicitly agreed upon in writing between you and Radio Relax Ue,  the Agreements constitute all the terms and conditions agreed upon between you and Radio Relax Ue and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral.

Please note, however, that certain aspects of your use of the Radio Relax Ue Service may be governed by additional agreements. That could include, for example, access to the Radio Relax Ue Service as a result of a gift card, free or discounted Trials, or together with other services. When you are presented with an offer for such aspects of your use, you will be presented with any related additional agreement, and you may have an opportunity to agree to additional terms. Some of those additional terms are listed on Radio Relax Ue's website. To the extent that there is any irreconcilable conflict between any additional terms and these Terms, the additional terms shall prevail.

16 Severability, waiver, and interpretation

Unless as otherwise stated in the Agreements, should any provision of the Agreements be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreements, and the application of that provision shall be enforced to the extent permitted by law.

Any failure by Radio Relax Ue or any third party beneficiary to enforce the Agreements or any provision thereof shall not waive Radio Relax Ue's or the applicable third party beneficiary's right to do so.

As used in these Terms, the words "include" and "including," and variations thereof, will be deemed to be followed by the words "without limitation."

17 Assignment

Radio Relax Ue may assign the Agreements, and any of its rights under the Agreements, in whole or in part, and Radio Relax Ue may delegate any of its obligations under the Agreements. You may not assign the Agreements, in whole or in part, nor transfer or sub-license your rights under the Agreements, to any third party.

18 Indemnification

You agree to indemnify and hold Radio Relax Ue harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of or related to: (1) your breach of the Agreements or any one of them; (2) any User Content you post or otherwise contribute; (3) any activity in which you engage on or through the Radio Relax Ue Service; and (4) your violation of any law or the rights of a third party.