HAKT Radio

Terms and Conditions of Use

User’s Acknowledgment and Acceptance of Terms of Use

Fireside Software SRL ("Company", "Us", “Our”, or "We") provides its website or websites and any related features, products, services, materials, functionalities or content (together, the "HAKT Radio Service" or "Service") to you, the user ("You", “Your”, or the "user"), subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the "Terms of Use"), as well as our Privacy Policy any other written agreement between Us and You.

BY USING THIS SITE OR OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS OF USE, PLEASE EXIT THE SITE NOW AND UNINSTALL ANY PREVIOUSLY INSTALLED SOFTWARE APPLICATIONS OR SERVICES. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THIS SITE, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SITE, IS TO STOP USING THE SITE AND/OR PARTICULAR PRODUCTS OR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS SITE OR ANY SERVICES.

We expressly reserve the right to change these Terms of Use from time to time without notice to You. You acknowledge and agree that it is your responsibility to review this Site and these Terms of Use from time to time and to familiarize yourself with any modifications. Your continued use of this Site and related Services/Products after such modifications will constitute your acknowledgement of any modified Terms of Use and agreement to abide and be bound by the modified Terms of Use. As used in these Terms of Use, references to our "Affiliates" include our owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, hosting, and/or delivering this Site, our Services/Products, and/or the contents of either or both.

Description of Services/Products

We make various applications and services available through our Site, including providing downloadable desktop software applications; Windows service software applications, and mobile software applications ("Applications"). These Applications have various user interfaces for how to control or monitor their operation including, but not limited to, Windows application interfaces viewable in the Windows application tray or system tray, or Windows applications or services running in the background and only viewable via a process manager or other utility. You are responsible for providing, at your own expense, all equipment necessary to use the Applications including a computer, modem, and Internet access (including payment of all fees associated with such access). We reserve the sole right to either modify or discontinue the Site and related Services/Products including any of the Site's features, at any time with or without notice to You. We will not be liable to You or any third party should We exercise such right. Any new features that augment or enhance the then-current services on this Site shall also be subject to these Terms of Use.

Advertising

Applications may be supported by advertising through Our website, third-party websites or search engines. We do not warrant, endorse, guarantee or assume responsibility for any Third Party Applications, Third Party Application content, User Content, or any other product or service advertised or offered by a third-party on or through Our applications streaming service or any hyperlinked website, or featured in any banner or other advertising. You understand all content offered through the streaming service are publicly available sources and that we have no control over advertisements or other content they offer. You understand and agree that we are not responsible or liable for any transaction between you and third-party providers of Third Party Applications or products or services advertised on or through third party websites or the streaming service. No advice or information whether oral or in writing obtained by you from Us shall create any warranty on behalf of Us in this regard. Some aspects of this section may not apply in all jurisdictions.

Computer Settings

To properly run after a system reboot, Applications may modify your computer's Startup menu items or other system settings that control applications to run on startup. This may include enabling application update services or other application features which You opted in.

Uninstaller

Application uninstallers make a best effort to fully revert any changed settings upon uninstall, but due to the complex nature of software and other third party software that may be installed, perfect uninstall performance cannot be guaranteed. You understand and agree we are not responsible for modification or removal of any part of Our applications or Your system by third-party software.

Third Party Sites and Information

This Site may link You to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under our control, and You acknowledge that We are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are We responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the other site or party by Us, or any warranty of any kind, either express or implied. In addition, You acknowledge that We will cooperate fully with investigations of violations of systems or network security at other sites including cooperating with law enforcement authorities in investigating suspected criminal violations.

Intellectual Property Information

For purposes of these Terms of Use, "content" is defined as any information, data, communications, software, photos, video, graphics, music, sounds, functionality and other material and services that can be viewed by users on our Site. This includes message boards, chat, and other original content. By accepting these Terms of Use, You acknowledge and agree that all content presented to You on this Site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of Company and/or its Affiliates. You are only permitted to use the content as expressly authorized by Us or the specific content provider. Except for a single copy made for personal use of this Terms of Use or our Privacy Policy or other agreements between Us and You, You may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this Site, the Services/Products or Applications in any form or by any means without prior written permission from Us or the specific content provider, and You are solely responsible for obtaining permission before reusing any copyrighted material that is available on this Site. Any unauthorized use of the materials appearing on this Site, in the Services/Products or Applications may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties. Neither We nor our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this Site will not infringe the rights of third parties. All custom graphics, icons, logos and service names are trademarks or service marks of Company or its Affiliates. All other trademarks or service marks are property of their respective owners. Nothing in these Terms of Use grants You any right to use any trademark, service mark, logo, and/or the name of Company or its Affiliates.

  1. Identify in sufficient detail the copyrighted work that You believe has been infringed upon or other information sufficient to specify the copyrighted work being infringed.
  2. Identify the material that You claim is infringing the copyrighted work.
  3. Provide information reasonably sufficient to permit Us to contact You (email address is preferred).
  4. Identify in sufficient detail the copyrighted work that You believe has been infringed upon or other information sufficient to specify the copyrighted work being infringed.
  5. Include the following statement: "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law."
  6. Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
  7. Sign the notification.
  8. Send the written communication to the following address: Designated Agent for Claimed Infringement: Contact: legal@haktradio.com. You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, We may immediately remove the identified materials from our Site without liability to You or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the Royal Barbados Police Force and Barbados Supreme Court for adjudication as provided in the Copyright Act.

We know that You care how information about You is collected, used and shared. We appreciate your trust that We will do so carefully and sensibly. Information about our customers is an important part of our business; We take your privacy very seriously and work very diligently to protect your information. We do not share information that personally identifies You without your consent or without notifying You in these Terms of Use, our Privacy Policy or other agreements between You and us, and in rare instances where disclosure is required by law or to enforce our legal rights. 

In addition to information that You give Us directly, We periodically collect information for purposes of improving our products and services, providing services to You, facilitating the provision of software updates, dynamically serving content and product support as well as communicating with You. Information that We collect includes technical and related information that identifies your computer (including the Internet Protocol address) and operating system, as well as information about your application usage (including but not limited to successful installation and/or removal), software usage, advertisements delivered by Us and other third parties, and potentially other technical information.

This and all other data provided to Us and/or collected by Us in connection with your installation and use of our applications is collected, used, stored and transmitted in accordance with our Privacy Policy located at http://www.haktradio.com/privacy.html to the extent that anything in this section conflicts or is inconsistent with the terms of our Privacy Policy, the terms of the Privacy Policy shall control.

LIMITATION OF LIABILITY

General Disclaimer

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL COMPANY, ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND AND BASED ON ANY THEORY OF LAW, EQUITY, CONTRACT, TORT OR OTHERWISE ARISING FROM YOUR USE OR INABILITY TO USE THE SITE, THE SERVICES, THE APPLICATIONS OR SOFTWARE, INCLUDING, WITHOUT LIMITATION, DAMAGES TO YOUR SYSTEMS AND/OR YOUR SOFTWARE AND/OR DATA, COMPUTER FAILURE OR MALFUNCTION, COMPUTER VIRUS TRANSMISSION, PERFORMANCE DELAYS OR COMMUNICATION FAILURES OR SECURITY BREACHES.

No Warranty

YOU EXPRESSLY AGREE THAT THE USE OF THE SITE, THE SERVICES, THE APPLICATIONS AND THE SOFTWARE ARE AT YOUR OWN RISK. THE SITE, THE SERVICES AND THE SOFTWARE ARE PROVIDED ON AN "AS-IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF NON-INFRINGEMENT AND FREEDOM FROM VIRUSES, AND ANY WARRANTY IMPLIED THROUGH COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE. WITHOUT LIMITING THE FOREGOING, BUT TO BE CLEAR, COMPANY NEITHER WARRANTS NOR REPRESENTS THAT YOUR USE OF SITE MATERIALS WILL NOT INFRINGE RIGHTS OF THIRD PARTIES. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OR ALL OF THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Termination of Use

You agree that We may, in our sole discretion, terminate or suspend your access to all or part of the Site, any Applications and/or Services/Products with or without notice and for any reason, including, without limitation, breach of these Terms of Use. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon termination or suspension, regardless of the reasons therefore, your right to use the Services/Products or the Applications available on this Site immediately ceases, and You acknowledge and agree that We may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this Site, any related Services/Products or Applications. We shall not be liable to You or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by Us in connection with such termination or suspension.

Indemnity

You agree to indemnify and hold the Company, its Affiliated Companies, contractors and other partners, and each of their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand (including reasonable attorneys' fees), made by any third party due to or arising out of your use of the Services/Products, your breach of this Agreement, or your violation of any rights of any third party (including any third party website terms of service or privacy policies). Your indemnification obligation will survive this Agreement and your use of the Services/Products.

General

The failure of the Company to exercise or enforce any right or provision of these Terms of Use will not operate as a waiver of such right or provision. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. These Terms of Use operate to the fullest extent permissible by law. If any provision of these Terms of Use is unlawful, void or unenforceable, that provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions.

Last Updated: August 25, 2015