T E R M S A N D C O N D I T I O N S
By subscribing to our application, you accept the general terms and conditions defined below:
In terms of Information Technology statutes, this document is an electronic record. Being generated by a computer system it does not require any physical or digital signatures.
Radio Maxx Mobile App & Web App (hereinafter referred to as "Application" or “App”) is owned by MXD Media Limited having its office at Office 575 321-323 High Road, Chadwell Heath, Essex, England, RM6 6AX, Registered in England & Wales No. 12731454, where such expression shall, unless repugnant to the context thereof, be deemed to include its respective legal heirs, representatives, administrators, permitted successors and assigns.
The terms “We", "Us", "Our" shall mean Radio Maxx Mobile App & Web App.
The headings of each section in this Agreement are only for the purpose of organising the various provisions under this Agreement in an orderly manner. These headings shall not be used by either party to interpret the provisions contained under them in any manner. Further, the headings have no legal or contractual value.
About the App:
Radio Maxx Mobile App & Web App is a platform that blends Media, Social, Mobility & Analytics to create social venues and networks for music lovers and partners. Radio Maxx Mobile & Web App allows the listeners and customer to engage.
Radio Maxx Mobile App & Web App consists of:
The Radio Maxx Mobile App (iOS/Android), Web App & HTML5 for users of Windows 8 & Blackberry, which allows Users to:
- See what's currently playing on the radio station
- Share, Dedicate, Request for songs
- View Song information & in some cases Album Art.
- In some cases, a link to iTunes store to buy the current playing track.
- Have discussions around shows, events, songs, and comments on different sections of the App.
- Participate in competitions, quizzes, polls hosted by the app.
- View Show/Program/Menu guide of the app.
- Purchase special offers & discounts in the form of coupons, vouchers, loyalty cards, etc.
- In-app registration, Likes, and Publish to the Wall
- Access to the Twitter account
Personal Data: In-app registration and Various types of Data
- Personal Data: Cookie and Usage Data
- Interaction with external social networks and platforms
- Facebook Like button, social widgets
- Personal Data: Cookie, Usage Data, Profile information
The use of the collected Data:
The Data concerning the User is collected to allow the Application to provide its services, as well as for the following purposes: Access to third party services' accounts, Creation of the user in-app profile, Content commenting, and Interaction with external social networks and platforms.
The Personal Data used for each purpose is outlined in the specific sections of this document.
Facebook permissions asked by this Application:
This Application may ask for some Facebook permissions allowing it to perform actions with the User's Facebook account and to retrieve information, including Personal Data, from it.
The permissions asked are the following:
- By default, this includes certain User’s Data such as id, name, picture, gender, and locale. Certain connections of the User, such as the Friends, are also available. If the user has made more of their Data public, more information will be available.
Provides access to the list of all of the pages the user has liked.
- Publish to the Wall:
Enables the app to post content, comments, and likes to a user's stream and to the streams of the User’s friends.
Detailed information on the processing of Personal Data:
Personal Data is collected for the following purposes and using the following services:
- Access to third party services' accounts
- These services allow this Application to access Data from your account on a third-party service and perform actions with it.
- These services are not activated automatically, but require explicit authorization by the User.
- Access to the Facebook account (This Application)
This service allows this Application to connect with the User's account on the Facebook social network, provided by Facebook Inc.
- Permissions asked: Likes and Publish to the Wall.
Access to the Twitter account (This Application)
- This service allows this Application to connect with the User's account on the Twitter social network, provided by Twitter Inc.
- Personal Data collected: Various types of Data.
Content commenting services allow Users to make and publish their comments on the contents of this Application.
Depending on the settings chosen by the Owner, Users may also leave anonymous comments. If there is an email address among the Personal Data provided by the User, it may be used to send notifications of comments on the same content. Users are responsible for the content of their own comments.
If a content commenting service provided by third parties is installed, it may still collect web traffic data for the pages where the comment service is installed, even when users do not use the content commenting service.
Disqus is a content commenting service provided by Big Heads Labs Inc.
Personal Data collected: Cookie and Usage Data.
Interaction with external social networks and platforms:
These services allow interaction with social networks or other external platforms directly from the pages of this Application.
The interaction and information obtained by this Application are always subject to the User’s privacy settings for each social network.
If a service enabling interaction with social networks is installed it may still collect traffic data for the pages where the service is installed, even when Users do not use it.
Facebook Like button and social widgets (Facebook):
The Facebook Like button and social widgets are services allowing interaction with the Facebook social network provided by Facebook Inc.
Personal Data collected: Cookie and Usage Data.
Additional information about Data collection and processing:
This Agreement shall continue to be in full force and effect as long as you access and use the App.
Either You or We may terminate the agreement at any time, with or without cause. However, We reserve the right, in our sole discretion, to terminate your access to the App or any portion thereof at any time, without notice.
To fully avail of the services of the Application and use it, you must create an account with the Radio Maxx Mobile App or Web App either by providing your email address or login using your Facebook or Twitter account.
Membership to this App is not available to those “Incompetent to Contract” under the laws of England and Wales. At any time during your use of this Application, including but not limited to the time of registration, you are solely responsible for protecting the confidentiality of your username and password, and any activity under the account shall be deemed to have been done by you. In the case that you provide us with false and/or inaccurate details or we have reason to believe you have done so, we have the right to permanently suspend your membership of the App.
You may also be contacted by Service Providers with whom We have entered into a contract in furtherance of our rights, duties, and obligations under this document and other policies followed by Us and with whom you have become friends from the website. Such contact shall be made only in pursuance of such objectives, and no other calls shall be made.
In addition, You may also be contacted by Third Parties who may have access to the information disclosed by You or to whom We may have disclosed Your information for purposes such as, but not limited to, statistical compilations.
The downloading and installing of this Application are free of cost. But certain services including but not limited to placing advertisements within the Application by Users and use of certain features of the Application provided by Third Parties may be subject to a charge upon it. However, We reserve the right to amend this no-fee policy and charge Users for downloading and installing the Application. In the event of such a change in policy, Users shall be intimated of the same via email and such change shall be effective as soon as Users have been intimated. Subsequent to such change, it is the choice of the User whether or not to continue with the services offered by Us.
Network and Other Permissions:
The Application may seek Full Network Access and View Network Connections, View Location, USB Storage Access permissions from the device on to which the Application is downloaded.
The User takes full responsibility for payment of all taxes and fees that are levied or arise in the course of the use of the Application, including but not limited to in-app purchases, downloading, and installation of the Application or any music by the User.
The user undertakes to fulfil the following obligations. Failure to satisfy any of these obligations gives us the right to permanently suspend your account and/or claim damages for any losses that accrue to Us or additional costs that may be imposed on us.
You agree to ensure the email address provided in your account registration is valid at all times and shall keep your contact information accurate and up-to-date.
You agree to comply with all local laws and regulations governing the downloading, installation, and/or use of the Application, including, without limitation to, any usage rules set forth in this Agreement.
You undertake not to:
- Cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate, post, publish, or create derivative works from, transfer, or sell any information or software obtained from the Application. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes, and unwarranted modification of data and information within the content of the Application is not permitted. Should You want to engage in one or more such actions, prior permission from Us must be obtained;
- access (or attempt to access) the Application and/or the materials or Services by any means other than through the interface that is provided by the Application. The use of deep-link, robot, spider or another automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Application or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Application, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Application is prohibited. You acknowledge and agree that by accessing or using the Application or Services, You may be exposed to content from other Users or Third Parties that You may consider offensive, indecent, or otherwise objectionable. We disclaim all liabilities arising in relation to such offensive content on the Application. Further, You may report such offensive content by emailing firstname.lastname@example.org;
- use the Application in any manner that may impair, overburden, damage, disable or otherwise compromise (i) Company’s services; (ii) any other party's use and enjoyment of company’s services; or (iii) the services and products of any Third Party (including, without limitation to, the Authorized Device);
- use the Services or Materials for any unlawful purposes or to conduct any unlawful activity, including, but not limited to, fraud, embezzlement, acts of terrorism, money laundering, or identity theft;
- abuse, harass, threaten, defame, disillusion, erode, abrogate, demean, or otherwise violate the legal rights of others;
- engage in any activity that interferes with or disrupts access to the Application or the Services (or the servers and networks which are connected to the Application);
- upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Application or a mobile phone;
- download any file posted in the Application that you know, or reasonably should know, cannot be legally distributed in such manner;
- probe, scan or test the vulnerability of the Application or any network connected to the Application, nor breach the security or authentication measures on the Application or any network connected to the Application. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Application, or exploit the Application or Service or information made available or offered by or through the Application, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Application;
- disrupt or interfere with the security of, or otherwise cause harm to, the Application, systems resources, servers or networks connected to or accessible through the Application or any affiliated or linked applications;
- violate any applicable laws or regulations for the time being in force within or outside your home country;
- violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
- threaten the unity, integrity, defense, security or sovereignty of your home country, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting any other nation;
- disseminate information through the Application that is false, inaccurate or misleading, or violate any applicable laws or regulations for the time being in force in or outside your home country.
From time to time, the Application may automatically check the version of the Application installed on the Authorized Device and, if applicable, provide updates for the Application (hereinafter referred to as “Updates”). Updates may contain, and not limited to, bug fixes, patches, enhanced functionality, plug-ins, and new versions of the Application. By installing the Application, You authorize the automatic download and installation of Updates and agree to download and install Updates manually if necessary. Your use of the Application and Updates shall be governed by this Agreement (as amended by any terms and conditions that may be provided with Updates).
Actions Undertaken by the Application on Your Device:
Upon download and installation of the Application, You grant the following permissions to the Radio Maxx Mobile App or Web App to perform the following actions on the device You have installed the Application in.
- To read from, write on, modify and delete data pertaining to the Application on the device’s hard disk and/or external storage;
- To access the model number, IMEI number and details about the operating system of the device the Application has been installed on
- To detect when the phone had been switched off and switched on for the purpose of sending notification/ push notifications;
- Where a user logs in through Facebook, to access and share song requests made by the users;
- To access and change the display and sound settings of the device the Application has been installed in.
All information, content, services, and software displayed on, transmitted through, or used in connection with the Application, including for example news articles, reviews, directories, guides, text, photographs, images, illustrations, audio clips, video, HTML, source and object code, trademarks, logos, and the like (collectively and hereinafter referred to as the "Content"), as well as its selection and arrangement, is owned by Us. Any content obtained from third-parties will be duly given credit where necessary. You may use the Content only through the Application, and solely for your personal, non-commercial use.
You may not, republish any portion of the Content on any Internet, Intranet, or extranet site or incorporate the Content in any database, compilation, archive, or cache. You may not distribute any Content to others, whether or not for payment or other consideration, and you may not modify, copy, frame, cache, reproduce, sell, publish, transmit, display, or otherwise use any portion of the Content. You may not scrape or otherwise copy our Content without permission. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Application, not to insert any code or product or manipulate the content of the Application in any way that affects the user's experience, and not to use any data mining, data gathering or extraction method.
We respect the intellectual property of others. If You believe Your work has been copied in a way that constitutes copyright infringement or is aware of any infringing material on the Application, please email us at email@example.com.
Information and Content provided by the User by providing information to, communicating with, and/or placing material on, the Application, including for example but not limited to, communication during any registration and communication on the bulletin board, message, or comments area, You represent and warrant:
- You own or otherwise have all necessary rights to the content you provide and the rights to use it as provided in this Terms of Service;
- the information and Content shall not cause injury to any person or entity. Using a name other than your own legal name is prohibited (except in those specific areas of the Application that specifically ask for unique, fictitious names such as, inter alia certain message boards and chat rooms).
For all such information and material, you grant us, a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, distribute, reproduce and create derivative works from such information, in any form, media, software or technology of any kind now existing or developed in the future. Without limiting the generality of the previous sentence, you authorize us to share the information across all our affiliated Applications, to include the information in a searchable format accessible by users of the Application and other affiliated applications, and to use your name and any other information in connection with its use of the material you provide. You also grant the right to use any material, information, ideas, concepts, know-how, or techniques contained in any communication you send to us for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products using such information. All rights in this paragraph are granted without the need for additional compensation of any sort to you.
The Application can be used worldwide. We make no representation that materials or Content available through our Application is appropriate or available for use in your country.
You are solely responsible for compliance with necessary laws and regulations for use of the Application in your home country.
We may modify, replace, refuse access to, suspend or discontinue the Services, partially or entirely, or add, change and modify prices for all or part of the Services for You or for all Users at any time and in Our sole discretion. These changes shall become effective upon providing a notice of the same to You via email/ the home screen of the Application. We further reserve the right to withhold, remove and or discard any content available as part of Your account, with or without notice, if deemed by Us to be contrary to this Agreement.
Radio Maxx Mobile App or Web App has no obligation to provide You with a copy of the information You or any other User provides on the Application or that the Application has accessed.
Further, We reserve the right, in Our sole discretion, to modify or replace any part of this Agreement at any time, effective upon the date of giving Users notice of the same. Notice shall be provided of such change via email to the Users and/ or by posting a notice on the home screen of the Application. You and We both understand that there may be instances of difficulty in accessing or receiving email communication.
We are not responsible if any email notice gets caught by Your SPAM folder, or if You do not see the email, or if You have given us an incorrect email id, or if for any other reason You do not receive the email notice. Therefore, we encourage you to frequently open the Application to monitor any changes. Your continued use of or access to the Services following the posting of any changes to this Agreement constitutes acceptance of those changes.
We may also, in the future, offer new services and/ or features through the Application. Such new features and/ or services shall be subject to the terms and conditions of this Agreement.
You agree to defend, indemnify and hold harmless us, our employees, directors, officers, agents, and their successors and assigns and against any and all claims, liabilities, damages, losses, costs, and expenses, including attorney's fees, caused by or arising out of claims based upon:
Your use of any Third Party’s use via Your account of the Service provided by the Application and its Content;
Any breach or violation of this Agreement, including any amendment, or of any statute or regulation by You, or any Third Party through Your account.
Your actions or inactions, including but not limited to any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under this Agreement or arising out of your infringement of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this Agreement.
You agree to fully cooperate in indemnifying Us at Your expense. You also agree not to reach a settlement with any party without Our consent.
Limitation of Liability:
In no event shall we be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from:
- the use or the inability to use the Services provided through the App;
- unauthorized access to or alteration of the user's transmissions or data;
- any other matter relating to the services; including, without limitation, damages for loss of use, data, or profits, arising out of or in any way connected with the use or performance of the App or Service. Neither shall we be responsible for the delay or inability to use the App or related services, the provision of or failure to provide Services, or for any information, software, products, services and related graphics obtained through the App, or otherwise arising out of the use of the App, whether based on contract, tort, negligence, strict liability or otherwise. Further, we shall not be held responsible for non-availability of the App during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond our control. The user understands and agrees that any material and/or data downloaded or otherwise obtained through the App is done entirely at their own discretion and risk and they will be solely responsible for any damage to their devices or loss of data that results from the download of such material and/or data.
The limitations and exclusions in this section apply to the maximum extent permitted by applicable law.
Disputes Arising Out of This Agreement:
All disputes involving but not limited to rights conferred, compensation, refunds, and other claims will be resolved through a two-step Alternate Dispute Resolution mechanism.
Stage 1: Mediation - In case of a dispute, the matter will first be attempted to be resolved by a sole mediator who is a neutral third party and will be selected at the mutual acceptance of a proposed mediator by both parties. Both parties may raise a name for the sole mediator and in the case, both parties accept the proposed name, the said person shall be appointed as sole mediator. In case the parties are not able to reach a consensus within two proposed mediators, the sole proprietorship reserves the right to decide who the final mediator is. The decision of the mediator is not binding on both parties.
Stage 2: Arbitration - In case that mediation does not yield a result suitable or preferred by any one of the parties, arbitration may follow, the award of which is binding on both parties. The Arbitration Board shall comprise of three members – one appointed by each party and the third member to be nominated by the two appointed members by mutual consent. The arbitration shall be held in London, UK. The proceedings of arbitration shall be in the English language. The arbitrator’s award shall be final and binding on the Parties.
The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the law, rules, and regulations of England and Wales. The exclusive jurisdiction and venue for actions and disputes mentioned above shall be the courts located in London, UK, and You hereby submit to the personal jurisdiction of such courts.
We assume no liability or responsibility for damage or injury to persons or property arising from any service provided by the App or any information, idea, or instruction contained on the App or in any materials provided to you. We reserve the right to change or discontinue, at any time, any aspect or feature of this service and App. We are in no way liable for the misuse of our App or service by you.
The materials appearing on our App could include technical, typographical, or photographic errors. We do not warrant that any of the materials are accurate, complete, or current. We may make changes to the materials contained on its web site at any time as and when appropriate, without any notice.
Some of the information provided on this application, is supplied by third-parties. Some material on the Radio Maxx App & Web-App may include links to external websites. These external information sources are outside control. It is the responsibility of the reader to make his or her own decisions about the accuracy, currency, reliability and correctness of information found.
It is important that all users understand that third-party information is not provided or endorsed by us, and your legal relationship is with the third-party supplier. Please be aware that we have not necessarily checked third-party content.
This App may contain some audio materials that may be considered explicit, and warnings will be given with such materials or content.
We welcome your suggestions and comments regarding your experience using our App. Any comments, ideas, suggestions, initiation, or any other content you contribute to this App (including the name you submit with any content) will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for us to adapt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, display worldwide, or act on such content, without additional approval or consideration, in any, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you waive any claim to the contrary. You represent and warrant that you own or otherwise control all of the rights to the content that you contribute to this site and that use of your content by us will not infringe upon or violate the rights of any third party.
Entire Agreement: This Agreement is the complete and exclusive statement of the agreements between You and Us with respect to the subject matter hereof and supersedes all other communications or representations or agreements (whether oral, written, or otherwise) relating thereto.
Waiver: The failure of either party at any time to require performance of any provision of this Agreement in no manner shall affect such party's right at a later time to enforce the same. No waiver by either party of any breach of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or construed as, a further or continuing waiver of any other such breach, or a waiver of any other breach of this Agreement.
Severability: If any provision of this Agreement shall to any extent be held invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions of this Agreement shall in no way be affected or impaired thereby and each such provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. In such a case, this Agreement shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the rights and commercial expectations of the parties hereto, as expressed herein.
Policy Summary & Data Controller and Owner:
Types of Data collected:
Among the types of Personal Data that this Application collects, by itself or through third parties, there are Cookie and Usage Data.
The Personal Data may be freely provided by the User or collected automatically when using this Application.
Failure to provide certain Personal Data may make it impossible for this Application to provide its services.
The User assumes responsibility for the Personal Data of third parties published or shared through this Application and declares to have the right to communicate or broadcast them, thus relieving the Data Controller of all responsibility.
Mode and place of processing the Data:
Methods of processing:
The Data Controller processes the Data of Users in a proper manner and shall take appropriate security measures to prevent unauthorized access, disclosure, modification, or unauthorized destruction of the Data.
Data processing is carried out using computers and/or IT enabled tools, following organizational procedures and modes strictly related to the purposes indicated. In addition to the Data Controller, in some cases, the Data may be accessible to certain types of persons in charge, involved with the operation of the site (administration, sales, marketing, legal, system administration) or external parties (such as third-party technical service providers, mail carriers, hosting providers, IT companies, communications agencies) appointed, if necessary, as Data Processors by the Owner. The updated list of these parties may be requested from the Data Controller at any time.
The Data is processed at the Data Controller's operating offices and in any other places where the parties involved with the processing are located. For further information, please contact the Data Controller, at firstname.lastname@example.org.
The Data is kept for the time necessary to provide the service requested by the User, or stated by the purposes outlined in this document, and the User can always request that the Data Controller suspend or remove the data.
The User's Personal Data may be used for legal purposes by the Data Controller, in Court or in the stages leading to possible legal action arising from improper use of this Application or the related services.
The User is aware of the fact that the Data Controller may be required to reveal personal data upon request of public authorities.
Additional information about User's Personal Data:
System Logs and Maintenance:
For operation and maintenance purposes, this Application and any third-party services may collect files that record interaction with this Application (System Logs) or use for this purpose other Personal Data (such as IP Address).
Information not contained in this policy:
More details concerning the collection or processing of Personal Data may be requested from the Data Controller at any time at, by writing to email@example.com.
The rights of Users:
Users have the right, at any time, to know whether their Personal Data has been stored and can consult the Data Controller to learn about their contents and origin, to verify their accuracy, or to ask for them to be supplemented, canceled, updated, or corrected, or for their transformation into anonymous format or to block any data held in violation of the law, as well as to oppose their treatment for any and all legitimate reasons. Requests should be sent to the Data Controller at the contact information set out above.
This Application does not support “Do Not Track” requests.
To determine whether any of the third-party services it uses honor the “Do Not Track” requests, please read their privacy policies.
Definitions and legal references
Personal Data (or Data):
Any information regarding a natural person, a legal person, an institution or an association, which is, or can be, identified, even indirectly, by reference to any other information, including a personal identification number.
Information collected automatically from this Application (or third-party services employed in this Application ), which can include: the IP addresses or domain names of the computers utilized by the Users who use this Application, the URI addresses (Uniform Resource Identifier), the time of the request, the method utilized to submit the request to the server, the size of the file received in response, the numerical code indicating the status of the server's answer (successful outcome, error, etc.), the country of origin, the features of the browser and the operating system utilized by the User, the various time details per visit (e.g., the time spent on each page within the Application) and the details about the path followed within the Application with special reference to the sequence of pages visited, and other parameters about the device operating system and/or the User's IT environment.
The individual using this Application, which must coincide with or be authorized by the Data Subject, to whom the Personal Data refer.
The legal or natural person to whom the Personal Data refers to.
Data Processor (or Data Supervisor):
Data Controller (or Owner):
The natural person, legal person, public administration or any other body, association or organization with the right, also jointly with another Data Controller, to make decisions regarding the purposes, and the methods of processing of Personal Data and the means used, including the security measures concerning the operation and use of this Application. The Data Controller, unless otherwise specified, is the Owner of this Application.
The hardware or software tool by which the Personal Data of the User is collected.
Small piece of data stored in the User's device.
Notice to European Users: this privacy statement has been prepared in fulfillment of the obligations under Art. 10 of EC Directive n. 95/46/EC, and under the provisions of Directive 2002/58/EC, as revised by Directive 2009/136/EC, on the subject of Cookies.