Terms of Service
The Terms of Service were last updated on June 12, 2017
The Terms of Service contains 18 sections
- The Service
- Changes To The Service
- Using The Service
- Termination of Service
- Fees and Payments
- Use and Limitations of Use
- Subscription Term, Termination, Suspension
- Subscription Type Services
- Registration and Account Security
- Personal Rights
- The Nature of Radio Broadcasts
- Radio Programming Is Copyrighted
- Eligible Users
- Termination Of Service
- Title to Software and Intellectual Property
- Warranty Disclaimer
- Limitations of Liability
Welcome to nēdl! nedl.com Inc. (“nēdl”) operates the nēdl website – http://www.findnedl.com – and any and all products, services, applications platforms, websites, or other affiliated ventures offered, controlled, owned, or operated by nēdl (“the Service”). This agreement explains the terms and conditions that will apply to your use of the nedl Service and constitutes a legally binding agreement between you and nedl. By using the Service, you agree to all the terms and conditions in this agreement ("Agreement"). Throughout the Terms of Service “nēdl,” “we,” and “our,” refers to nedl.com Inc. and its affiliates. “You” or “Users” refers to you, our users – everyone who uses, subscribes to, publishes through, joins, or visits nēdl.
The Service offered and provided is for personal, non-commercial use. Service is subject to the terms and conditions of this Agreement. The Service may at its discretion change the terms of this Agreement. Such changes shall be effective upon notification the Service. Please check www.findnedl.com/terms-of-service.php or contact us for a copy of the current Service agreement.
BEFORE USING THE SERVICE, PLEASE READ CAREFULLY THE FOLLOWING CONDITIONS AND TERMS OF SERVICE. BY REGISTERING FOR AND/OR ACCESSING, BROWSING, AND USING NEDL, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS, INCLUDING ANY ADDITIONAL GUIDELINES, AND ANY FUTURE MODIFICATIONS (COLLECTIVELY, THE "TERMS"), AND THAT YOUR USE OF THE SERVICE WILL COMPLY WITH ANY AND ALL APPLICABLE LAWS AND REGULATIONS AT ALL TIMES DURING YOUR USE OF THE NEDL SERVICE. IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY TERMINATE YOUR USE OF THE SERVICE.
NOTE TO CHILDREN UNDER 13 YEARS OF AGE: THE SERVICE IS NOT FOR PERSONS UNDER THE AGE OF 13. If you are under 13 years of age, then please do not use the Service.
The Service allows users to search live radio broadcasts via its online platform and select a radio stream to listen to from terrestrial broadcast and internet streaming radio sources. The nedl Service also includes the ability to “hitch” a ride with another user and automatically listen to the same radio streams as that user when they change streams. The nedl service allows users to connect in real-time through chat functionality. The “nedl Service” means these features and any additional features and functionality that nedl may at its discretion and from time to time offer.
Changes To The Service
The Service may from time to time at its discretion change, add or remove features and functionality of the Service without notice. The Service reserves the right to discontinue one, some, or all of the features of the Service you receive at any time at its discretion. At any time, nedl may at its discretion discontinue the provision of software updates.
Using The Service
You may access and use the member’s only parts of the Service only with an authorized user account and you agree not to tamper with or otherwise modify the Service. The Service is provided for your personal, non- commercial use, and may not be resold, in whole or in part. The Service is controlled and offered by the Service from its facilities in the United States of America. The Service makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own risk and are responsible for compliance with local laws.
Termination of Service
The Service retains the absolute right to immediately suspend or terminate your use of the Service, and terminate this Agreement, if you breach any provision in this Agreement, if you misuse the Service, and/or if you use the Service in such a manner as to infringe upon the intellectual property rights of the Service or any third party. In addition, the Service reserves the right to terminate your use of the Service and this Agreement for any other reason or no reason if the Service gives you at least 30 days advance notice of such termination.
The Service does our best to keep the Site safe, but we cannot guarantee it. To do our best job we need the following commitments from you, our users:
· You will not send or post unauthorized commercial communications on the Service.
· You will not collect users’ content or information, or otherwise access the Service, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
· You will not upload viruses or other malicious code.
· You will not solicit login information or access an account belonging to someone else.
· You will not bully, intimidate, or harass any user.
· You will not post content that: is hateful, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
· You will not use the Service to do anything unlawful, misleading, malicious, or discriminatory.
· You will not do anything that could disable, overburden, or impair the proper working of the Service, such as a denial of service attack.
· You will not facilitate or encourage any violations of this Statement.
· You will promptly remove any links that the Service finds objectionable in its sole discretion. You agree not to use any of the Service’s logos, graphics, or trademarks as part of the link without our express written consent.
· You agree not to make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of the Service. This includes, but is not limited to, unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures.
· You agree not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Service or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
Registration and Account Security
In order to provide the best experience for our users, we ask that you commit to the following:
· Use your real name and information and do not provide false personal information on the Service or create an account for anyone other than yourself without permission.
· You will not create more than one account.
· If we disable your account, you will not create another one without our permission.
· You will keep your contact information accurate and up-to-date.
· You will not share your password or do anything else that might jeopardize the security of your account.
Fees and Payments
a. Subscription Fees. The Subscription Fee will remain fixed during the Subscription Term unless you: (i) exceed 49 radio station streams on the Pro-Tier or other applicable limits (see the ‘Limits’ section below), (ii) upgrade products or base packages, or (iii) subscribe to additional features or products.
Once increased, your Subscription Fee will not decrease on the Pro-Tier, even if there is a subsequent increase in the number of stations served.
b. Fee Adjustments in Next Billing Period in accordance with changes to the number of stations served.
c. Fee Adjustments During a Billing Period. If you are a Pro-Tier Subscriber and you wish to add station streams, the Subscription Fee may decrease or increase to the tier price which corresponds.
The Subscription Fee will increase during a Billing Period up to the corresponding base package and tier price (as set forth on our Pricing Page).
d. Payment by credit card. If you are paying by credit card, you authorize us to charge your credit card or bank account for all fees payable during the Subscription Term. You further authorize us to use a third party to process payments, and consent to the disclosure of your payment information to such third party.
e. Payment against invoice. If you are paying by invoice, we will invoice you no more than forty-five (45) days before the beginning of the Subscription Term and each subsequent Billing Period, and other times during the Subscription Term when fees are payable. All amounts invoiced are due and payable within thirty (30) days from the date of the invoice, unless otherwise specified in the Order Form.
f. Payment Information. You will keep your contact information, billing information and credit card information (where applicable) up to date. Changes may be made on your Billing Page within your portal. All payment obligations are non-cancelable and all amounts paid are non-refundable, except as specifically provided for in this Agreement. All fees are due and payable in advance throughout the Subscription Term. If you are an Agency Partner that purchases on behalf of a client, you agree to be responsible for the Order Form and to guarantee payment of all fees.
g. Sales Tax. All fees are exclusive of taxes, which we will charge as applicable. You agree to pay any taxes applicable to your use of the Subscription Service and performance of Consulting Services. You shall have no liability for any taxes based upon our gross revenues or net income. If you are located in the European Union, all fees are exclusive of any VAT and you represent that you are registered for VAT purposes in your member state. At our request, you will provide us with the VAT registration number under which you are registered in your member state. If you are subject to GST, all fees are exclusive of GST. If you are required to deduct or withhold any tax, you must pay the amount deducted or withheld as required by law and pay us an additional amount so that we receive payment in full as if there were no deduction or withholding.
Use and Limitations of Use
a. Acceptable Use. You will comply with our Acceptable Use Policy at http://legal.findnedl.com/acceptable-use ("AUP").
b. Prohibited and Unauthorized Use. You will not (i) use or launch any automated system, including, "robots," "spiders," or "offline readers," that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional browser; (ii) use the Subscription Service in any manner that damages, disables, overburdens, or impairs any of our websites or interferes with any other party's use of the Subscription Service; (iii) attempt to gain unauthorized access to the Subscription Service; (iv) access the Subscription Service other than through our interface; or (v) use the Subscription Service for any purpose or in any manner that is unlawful or prohibited by this Agreement.
You may not use the Subscription Service if you are legally prohibited from receiving or using the Subscription Service under the laws of the country in which you are resident or from which you access or use the Subscription Service. The Subscription Service is not designed to comply with industry-specific regulations such as the Health Insurance Portability and Accountability Act (HIPAA), the Gramm-Leach-Bliley Act (GLBA), or the Federal Information Security Management Act (FISMA), so you may not use the Subscription Service where your communications would be subject to such laws. You agree not to use data from the Subscription Service in legal proceedings or otherwise as evidence.
You will notify us right away of any unauthorized use of your Users’ identifications and passwords or your account by following the instructions at http://help.findnedl.com.
c. No Sensitive Information. YOU AGREE NOT TO USE THE SUBSCRIPTION SERVICE TO COLLECT, MANAGE OR PROCESS SENSITIVE INFORMATION. WE WILL NOT HAVE ANY LIABILITY THAT MAY RESULT FROM YOUR USE OF THE SUBSCRIPTION SERVICE TO COLLECT OR MANAGE SENSITIVE INFORMATION.
f. Third-Party Sites and Products. Third-Party Sites and Products are not under our control. Third-Party Sites and Products are provided to you only as a convenience, and the availability of any Third-Party Site or Product does not mean we endorse, support or warrant the Third-Party Site or Product.
Subscription Term, Termination, Suspension
a. Term and Renewal. Your subscription period will be specified in your Order, and your subscription will automatically renew for the shorter of the subscription period, or one year. If you add products during the Subscription Term, the fees for these additional products will be pro-rated and they will renew along with your subscription, unless otherwise indicated in your Order.
The renewal pricing set forth in your Order will apply, subject to adjustment as specified in the ‘Fees and Payments’ section above. If renewal pricing is not included in your Order, then our standard pricing available on our Pricing Page will apply. If you use our Free Services, we will make the Free Services available to you free of charge until earlier of (a) the date on which your free subscription is terminated or (b) the start date of your paid subscription
See the ‘Limits’ section below for the applicability of product limits on renewal. To prevent renewal of the subscription, the required notice must be provided within the timeframe as specified in the ‘Subscription Types’ section below.
b. No Early Termination; No Refunds. The Subscription Term will end on the expiration date and you cannot cancel it before its expiration. We do not provide refunds if you decide to stop using the Service subscription during your Subscription Term.
c. Termination for Cause. Either party may terminate this Agreement for cause, as to any or all Subscription Services: (i) upon thirty (30) days’ notice to the other party of a material breach if such breach remains uncured at the expiration of such period, or (ii) immediately, if the other party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, liquidation or assignment for the benefit of creditors. We may also terminate this Agreement for cause on thirty (30) days’ notice if we determine that you are acting, or have acted, in a way that has or may negatively reflect on or affect us, our prospects, or our customers. This Agreement may not otherwise be terminated prior to the end of the Subscription Term.
d. Suspension for Prohibited Acts. We may suspend any User’s access to any or all Subscription Services for: (i) use of the Subscription Service in a way that violates applicable local, state, federal, or foreign laws or regulations or the terms of this Agreement, (ii) use of the Service email send service that results in excessive bounce-backs, SPAM notices or requests for removal from a mailing list by recipients, or (iii) repeated instances of posting or uploading material that infringes or is alleged to infringe on the copyright or trademark rights of any person or entity.
e. Suspension for Non-Payment. We will provide you with notice of non-payment of any amount due. Unless the full amount has been paid, we may suspend your access to any or all of the Subscription Services ten (10) days after such notice. We will not suspend the Subscription Service while you are disputing the applicable charges reasonably and in good faith and are cooperating diligently to resolve the dispute. If a Subscription Service is suspended for non-payment, we may charge a re-activation fee to reinstate the Subscription Service.
f. Suspension for Present Harm. If your website on, or use of, the Subscription Service: (i) is being subjected to denial of service attacks or other disruptive activity, (ii) is being used to engage in denial of service attacks or other disruptive activity, (iii) is creating a security vulnerability for the Subscription Service or others, (iv) is consuming excessive bandwidth, or (v) is causing harm to us or others, then we may, with electronic or telephonic notice to you, suspend all or any access to the Subscription Service. We will try to limit the suspension to the affected portion of the Subscription Service and promptly resolve the issues causing the suspension of the Subscription Service.
g. Suspension and Termination of Free Services. We may suspend, limit, or terminate the Free Services for any reason at any time without notice. We may terminate your subscription to the Free Services due to your inactivity.
h. Effect of Termination or Expiration. Upon termination or expiration of this Agreement, you will stop all use of the affected Subscription Service and The Service’s Content, and if we request, you will provide us written confirmation that you have discontinued all use of Enrichment Data (unless, of course, you have a source other than the Subscription Service for such Enrichment Data.) We may or may not provide you the opportunity to retrieve Customer Data after termination or expiration, depending on the type of applicable subscription as specified in the ‘Retrieval of Customer Data’ section below. If you terminate this Agreement for cause, we will promptly refund any prepaid but unused fees covering use of the Subscription Service after termination. If we terminate this Agreement for cause, you will promptly pay all unpaid fees due through the end of the Subscription Term. Fees are otherwise non-refundable.
SUBSCRIPTION TYPE TERMS
1. Subscription Types. We offer three main types of monthly subscriptions: (1) Do-It-Yourself (Unlimited) Subscriptions, (2) Pro Subscriptions (1-49 radio station streams), and (3) Pro Subscriptions (50+ radio station streams). The terms below apply to any subscription that you purchase.
2. Notice of Non-Renewal. Your subscription will automatically renew according to the ‘Term and Renewal’ section above.
To prevent renewal of a Full-Service Subscription, you or we must give written notice of non-renewal and this written notice must be received no more than ninety (90) days but no less than forty-five (45) days in advance of the end of the Subscription Term. If you decide not to renew, you may send the notice of non-renewal by email to firstname.lastname@example.org.
To prevent renewal of a Limited Service Subscription, you or we must give written notice of non-renewal and this written notice must be received before the next renewal period begins. If you decide not to renew, you may send this non-renewal notice to us by indicating that you do not want to renew by accessing the billing details information in your Nedl portal, or by following the steps here, as applicable.
To prevent continuation of the Subscription Term of a Free Subscription, you or we may close your account.
nedl respects other people’s rights and expect you to do the same.
· You will not post content or take any action on nedl that infringes or violates someone else's rights or otherwise violates the law.
· We can remove any content or information you post on nedl if we believe that it violates this Statement.
The Nature of Radio Broadcasts
The nedl Service gives you the ability to listen to broadcast radio programs over which nedl exercises no editorial or programming control ("Third Party Content"). You understand that (a) nedl does not guarantee the access to any particular program, (b) programming is not under nedl's control, (c) radio broadcaster may make program line-up changes, (c) nedl is not responsible for and has no editorial control over any Third Party Content, and (d) nedl has no control over the distribution of programs. You agree that nedl will have no liability to you, or anyone else who uses your account, with regard to any Third Party Content.
Radio Programming Is Copyrighted
You also understand that the Third Party Content is the copyrighted material of the third party that supplies it, is protected by U.S. copyright law and other applicable laws, and may not be reproduced, used to prepare derivative works, distributed, performed publicly or displayed publicly without the written permission of the third party that supplied it, except to the extent allowed under the "fair use" provisions of the U.S. copyright laws, other limitations on exclusive copyrights in the U.S. copyright laws, or comparable provisions of foreign laws.
You must be at least 18 years of age to assume the responsibilities of this Agreement. Minors may use the nedl service only if one of their parents or legal guardians assumes the responsibilities of this Agreement and thereby assumes full responsibility for the minor's use of the nedl Service. nedl is not for users under the age of 13, if you are under age 13 please do not use nedl.
Termination Of Service
You may terminate your account, this Agreement, and your right to use the nedl Service, at any time and for any reason or no reason by closing your user account with nedl. Notwithstanding anything to the contrary in this Agreement, nedl retains the absolute right to immediately suspend or terminate your account. If you breach any provision in this Agreement, if you misuse the nedl Service, and/or if you use the nedl Service in such a manner as to infringe upon the intellectual property rights of nedl or any third party. In addition, nedl reserves the right to terminate your account and this Agreement for any other reason or no reason if nedl gives you at least 30 days advance notice of such termination.
Title to Software and Intellectual Property
You may need to use certain software programs to use or have full access to certain features of the nedl Service. Your use of such software is subject to the terms of this Agreement. nedl retains title to and ownership of all the nedl software. nedl also retains ownership of all nedl copyrights and trademarks. In the case of third party software delivered by nedl, the applicable third party retains title to and ownership of its software, copyrights and trademarks. Any attempt to disassemble, decompile, create derivative works of, reverse engineer, modify, sublicense, distribute or use for other purposes either the nedl Recorder or software of this system is strictly prohibited.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS NEDL FROM AND AGAINST ANY AND ALL CLAIMS, PROCEEDINGS, INJURIES, LIABILITIES, LOSSES, COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES), INCLUDING, BUT NOT LIMITED TO, CLAIMS ALLEGING NEGLIGENCE, COPYRIGHT INFRINGEMENT AND/OR TRADEMARK INFRINGEMENT AGAINST NEDL OR THE NEDL SERVICE, RELATING TO OR ARISING OUT OF YOUR BREACH OF ANY TERM OF THIS AGREEMENT, YOUR MISUSE OF THE NEDL SERVICE, OR YOUR UNAUTHORIZED MODIFICATION OR ALTERATION OF THE nedl RECORDER OR RELATED SOFTWARE
YOU UNDERSTAND AND AGREE THAT THE NEDL SERVICE IS PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT NEDL WILL BE SAFE OR SECURE. NEDL MAKES NO WARRANTY THAT THE NEDL SERVICE WILL MEET YOUR REQUIREMENTS OR THAT USE OF THE NEDL SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; NOR THAT ANY DEFECTS IN THE NEDL SERVICE WILL BE CORRECTED OR THAT THE NEDL SERVICE WILL BE COMPATIBLE WITH ANY OTHER SPECIFIC HARDWARE OR SERVICE. NEDL IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR NEDL, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR FACEBOOK WILL NOT EXCEED THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, NEDL’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Limitations of nedl's Liability
IN NO EVENT WILL NEDL OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, USE OF USER INFORMATION, LOSS OF DATA, BUSINESS INTERRUPTION, OR OTHER INDIRECT, CONSEQUENTIAL, SPECIAL, OR INCIDENTAL DAMAGES OF ANY NATURE ARISING FROM OR RELATING TO YOUR USE OF THE NEDL SERVICE OR USE OF THE NEDL SERVICE THROUGH YOUR ACCOUNT BY ANYONE ELSE, EVEN IF NEDL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO CASE WILL NEDL 'S TOTAL CUMULATIVE LIABILITY TO YOU AND ANYONE WHO USES THE NEDL SERVICE THROUGH YOUR ACCOUNT, FOR ANY AND ALL CLAIMS UNDER ANY THEORY OF LAW, EXCEED THE AGGREGATE AMOUNT YOU PAID TO NEDL IN THE PRECEDING TWELVE MONTHS. YOU UNDERSTAND THAT THESE LIMITATIONS OF NEDL 'S AND NEDL 'S SUPPLIERS' LIABILITY ARE A FUNDAMENTAL PART OF THIS AGREEMENT.
This Agreement will be governed by the laws of the State of California as such laws apply to agreements between California residents performed entirely within California. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. You and nedl agree to submit to the exclusive personal jurisdiction of the courts located within the county of Los Angeles, California. If any provision of this Agreement is invalid or unenforceable under applicable law, such provision will be deemed modified to the extent necessary to render such provision valid and enforceable and the other provisions of this Agreement will remain in full force and effect. The official text of this Agreement or notice submitted hereunder shall be in English. In the event of any dispute concerning the construction or meaning of this Agreement, reference shall be made only to this Agreement as written in English and not to any translation into another language. This document represents the entire agreement governing your use of the nedl Service and supersedes any prior or contemporaneous written or oral statements by nedl or its representatives or resellers. nedl's failure to enforce any of the terms of this Agreement shall not constitute a waiver or relinquishment of nedl's right to do so at any time. BY USING THE NEDL SERVICE, I REPRESENT THAT I HAVE READ AND UNDERSTOOD THIS ENTIRE AGREEMENT AND I AGREE TO ALL THE TERMS OF THIS AGREEMENT AS STATED ABOVE.