Terms of Service

This End User Licence Agreement and Terms of Service (“EULA”) is a binding contract between you, as a user (“you” or “your”) and Radio Cult Limited (“Radio Cult,” “we,” “us” or “our'') governing your use of the Radio Cult application, available on Apple App Store and Google Play Store (“App”).

By installing the App or otherwise accessing or using the Service, you agree that you have read, understood and agree to be bound by this EULA. If you do not agree to the terms of this EULA, then you may not use the App or the related service. To have a copy of this EULA sent to you, contact Radio Cult at services@radiocult.fm. Your use of the App and the related service and Radio Cult’s provision of the Service to you constitutes an agreement between Radio Cult and you to be bound by this EULA. This preamble is incorporated by reference into the EULA.

Arbitration Notice

You agree that disputes arising under this EULA will be resolved by binding, individual arbitration. BY ACCEPTING THIS EULA, YOU AND RADIO CULT ARE EACH WAIVING THE RIGHT TO A TRIAL OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.

Material Terms: As provided in greater detail in this EULA (and without limiting the express language of this EULA), you acknowledge the following:

• the Service includes the installation and use of the App and related services (“Service”);

• the Service is licensed, not sold to you, and you may use the Service only as set forth in this EULA;

• the use of the Service may be subject to separate third party terms of service and fees, including, without limitation, your mobile network operator’s (the “Carrier”) terms of service and fees, including fees charged for data usage and overage, which are your sole responsibility;

• we provide the Service to you on an “as is” basis without warranties of any kind and Radio Cult’s liability to you is limited; and

• if you are using the App on an iOS-based device, then you agree to and acknowledge the “Notice Regarding Apple,” in Section 14 below.

1. General Terms and Conditions

1.1 Changes to this EULA

You understand and agree that we may, from time to time, change this EULA. Please check this EULA periodically for changes. You may read a current, effective copy of this EULA at any time by selecting the appropriate link on the Service. The revised EULA will become effective immediately, except that, for existing users, material revisions will be effective 30 days after posting or notice to you of the revisions unless specified otherwise. Any use of the Service after the effective date will constitute your acceptance of such revised EULA. If you find any change to this EULA or the Service unacceptable or you do not agree to the modified EULA, then your sole remedy is to stop accessing, browsing and otherwise using the Service. The terms of this EULA will govern any updates Radio Cult provides to you that replace and/or supplement any portion of the Service, unless the upgrade is accompanied by a separate licence or revised EULA, in which case the terms of that licence or revised EULA will govern. Notwithstanding the preceding sentences of this Section 1.1, no revisions to this EULA will apply to any dispute between you and Radio Cult that arose prior to the effective date of such revision.

1.2 Privacy Policy

Your access to and use of the Service is also subject to Radio Cult’s Privacy Policy.

1.3. Eligibility

The Service is not for persons under the age of 13. If you are under 13 years of age, then you must not use or access the Service at any time or in any manner. Furthermore, by accessing or using the Service, you represent and warrant to us that either you are at least the age of majority in your jurisdiction or you have been authorised to use the Service by your parent or legal guardian who is at least the age of majority in your jurisdiction. If you are an entity, organisation, or company, the individual accepting this EULA on your behalf represents and warrants that they have authority to bind you to this EULA and you agree to be bound by this EULA.

1.4. Additional Terms

Your use of the Service is subject to all additional terms and/or policies beyond those mentioned in this EULA that we make available to you from time-to-time in connection with your use of the Service. Any such Additional Terms are hereby incorporated into and subject to this EULA, and this EULA will control in the event of any conflict or inconsistency with the Additional Terms to the extent of the conflict or inconsistency.

2. The Service

2.1. Description

Radio Cult via the App provides an aggregation offering of a selection of indexed radio stations. Certain features of the Service are available to you free of charge (the “Free Service”). Other aspects of the service, currently referred to as “Radio Cult Premium,” are only available to paying subscribers (the “Subscriptions”). Any end user who accesses and uses the Free Service is a “Visitor,” and any end user who pays for a subscription is a “Subscriber.” The term “Users” refers to Visitors and Subscribers, collectively.

2.2. Consideration

2.2.1. Service

You acknowledge and agree that this EULA is entered into in consideration of your use of the Service pursuant to this EULA and for other good and valuable consideration, the receipt and sufficiency of which you acknowledge.

2.2.2. Subscriptions

If you are a Subscriber, then you acknowledge and agree that the additional terms in Section 4 below apply to your Subscriptions, and that Radio Cult provides access to Subscriptions in consideration of your payment of the amounts described in that Section.

2.2.3. No Rights to Compensation

In return for enjoying the Free Service or Subscriptions, you further acknowledge and agree that Radio Cult may generate revenues, increase goodwill or otherwise increase the value of Radio Cult from your use of the Service, and you will have no right to share in any such revenue, goodwill or value whatsoever.

2.3. Changes to the Service

Radio Cult may at its sole discretion change, add or remove features, functionality and content of or available through the Service, temporarily or permanently, without any notice to you. Radio Cult may also terminate or discontinue support for any versions of the App, whether it was offered for free or for a fee. You acknowledge and agree that Radio Cult will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service, any App, or any specific functionality of the Service or the removal of any features, functionality or content, including any paid-for functionalities of the Service. If you are dissatisfied with any changes to the Service, then your sole option is to discontinue or terminate your use of the Service as described herein.

2.4. Mobile Services

The Service is currently accessible on a mobile phone, tablet or other connected device (collectively, “Mobile Services”). Your mobile carrier’s or ISPs normal messaging, data and other rates and fees will apply to your use of the Mobile Services. In addition, downloading, installing or using certain Mobile Services may be prohibited or restricted by your mobile carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you are solely responsible for checking with your mobile carrier to determine if the Mobile Services are available for your mobile device(s), what restrictions, if any, may be applicable to your use of the Mobile Services, and how much they will cost you. Nevertheless, all use of the App and the related Mobile Services must be in accordance with this EULA.

2.5. Service Security

You may not violate, or attempt to violate, the security of the Service. Any such violations may result in criminal and/or civil penalties against you, as well as the termination of your privilege to use the Service. Radio Cult reserves the right to investigate any alleged or suspected violations and, if a criminal violation is suspected, to refer such suspected violation to the appropriate law enforcement agencies and to cooperate fully with such investigations. This cooperation may include the disclosure of all or your activities on or related to the Service. You agree to promptly notify Radio Cult if you learn or reasonably suspect that any security breach related to the Service has occurred.

3. Registration

3.1. Log-In Credentials

In order to access Subscriptions you are required to register an account with us (“Account”).

3.2. Account Security

You are wholly responsible for the security of your Account and for all activities that occur through the user of your Account credentials. You agree to notify Radio Cult immediately at services@radiocult.fm if you suspect or know of any unauthorised use of your Account credentials or any other breach of security with respect to your Account. Radio Cult will not be liable for any loss or damage arising from unauthorised use of your Account credentials prior to you notifying Radio Cult of such unauthorised use or loss of your Account credentials.

3.3. Accuracy of Information

When creating an Account, you will provide true, accurate, current and complete information as Radio Cult requests. You will update the information about yourself promptly, and as necessary, to keep it current and accurate. We reserve the right to disallow, cancel, remove or reassign certain usernames and permalinks in appropriate circumstances, as determined by us in our sole discretion, and may, with or without prior notice, suspend or terminate your Account if activities occur on your Account which, in our sole discretion, would or might constitute a violation of this EULA, cause damage to or impair the Service, infringe or violate any third party rights, damage or bring into disrepute the reputation of Radio Cult, or violate any applicable laws or regulations. If messages sent to the e-mail address you provide are returned as undeliverable, then Radio Cult may terminate or suspend your Account immediately without notice to you and without any liability to you or any third party.

4. Additional Terms for Subscription

4.1. Subscription Process

You may acquire a Subscription through our App. These acquisition payments will be processed by either Apple or Google. We accept various forms of payment, as specified during the signup process. We do not accept cash or checks.

4.2. Billing Authorisation

By providing your payment method and obtaining a Subscription to the Service, you authorise Apple or Google (or any of their service providers), as applicable, to charge to your designated payment method the applicable monthly or annually recurring subscription fees (“Subscription Fee”), and any applicable sales, telecommunication, excise, value-added or similar taxes (“Taxes”). The Subscription Fee is exclusive of any such taxes. The Subscription Fee is payable in the currency specified during the signup process.

4.3. Subscription Fee Changes

To the fullest extent permitted under applicable law, we reserve the right to change the Subscription Fee at our sole discretion. If we change the Subscription Fee, then we will provide you notice of the proposed change at least 30 days prior to the change taking effect. The change will be effective from the start of the next renewal of your Subscription after the price change has occurred. You accept the new price by continuing to use the Service after the change takes effect. If you do not accept the new price, you can unsubscribe from the Service before the updated price takes effect.

4.4. Automatic Renewal and Recurring Charges

Your Subscription will begin on the billing date and continue for the subscription period that you select on your account (“Initial Subscription Period”). The Subscription will automatically renew for successive periods of the same duration as the Initial Subscription Period unless you cancel your Subscription or we cancel it. Your Account will be charged automatically on the billing date and thereafter on the renewal date of your Subscription for all applicable fees and taxes for the next subscription period. You must cancel your Subscription before it renews to avoid your Account being billed for the next periodic subscription fee.

4.5. Cancellation and Refunds

You may cancel your Subscription to the Service at any time. If cancelled, you will have access to your Subscription until the date that would have been your next billing date. Immediately after this date, your Account will be downgraded to the Free Service. To obtain a refund in relation to your Subscription you must contact Apple or Google.

4.6. Failure to Pay

If you fail to pay the applicable Subscription Fee when due, then you will be immediately downgraded to the Free Service. If such a scenario occurs, Radio Cult is not obligated to maintain your Account. Radio Cult may however maintain your Account to allow you to pay owing fees and restore your Subscription.

4.7. Trials.

Radio Cult may at its sole discretion offer trials of Subscriptions for a specified period of time free-of-charge or at a reduced rate (“Trial”). The length of any Trial may vary. Radio Cult reserves the right, at our sole discretion, to determine your eligibility for a Trial. To the greatest extent permitted under the law, Radio Cult may withdraw or modify a Trial at any time without prior notice and with no liability. Radio Cult requires you to provide your payment information at the start of your Trial. The first day following the end of your Trial is the first day of your billing cycle (“Billing Date”). You will be automatically charged for the applicable Subscription on the Billing Date, unless you cancel the applicable Subscription prior to the end of the Trial.

5. Intellectual Property Rights

5.1. Service

Subject to your complete and ongoing compliance with this EULA, Radio Cult hereby grants you a revocable, non-exclusive, non-transferable, non-sublicensable, royalty-free and worldwide right and licence to: (a) install and use one object code copy of any mobile application associated with the Service obtained from a legitimate marketplace (whether installed by you or pre-installed on your mobile device by the device manufacturer or a wireless telephone provider) on a mobile device that you own or control; and (b) access and use the Service, solely for your personal, non-commercial entertainment use as intended through the provided functionality of the Service and solely in strict compliance with the provisions of this EULA. Except as expressly set forth in the preceding sentence or to the extent such a restriction is impermissible under applicable law, you may not: (i) reproduce, distribute, publicly display, publicly perform, sell, licence, create derivative works of, or in any way exploit any part of the Service; (ii) alter or modify the Service; or (iii) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, then you may not use it.

5.2. Content

Radio Cult makes available content which is owned or controlled by third-party transmitting entities. Radio Cult does not exercise a right nor ability to control such content (“Third-Party Content”). You acknowledge that certain transmitting entities may provide consideration to Radio Cult for inclusion of this Third-Party Content in the Service. You may not reproduce, modify, distribute, display, publish, transmit, communicate to the public, make available, broadcast, create derivative works from, publicly perform (including on a through-to-the audience basis) and otherwise use and exploit (collectively, “Use”) any Third-Party Content without prior authorization of the owners. Radio Cult does not guarantee access to any particular content. You understand that by using the Service you may encounter content that you find offensive or objectionable (“Objectionable Content”). Radio Cult is not the publisher of, nor responsible for, any Objectionable Content made available. To the fullest extent permitted by the law, Radio Cult will have no liability to you with respect to Objectionable Content you access via the Service.

5.3. Marks

Radio Cult’s trademarks, service marks and logos (the “Radio Cult Trademarks”) used and displayed on the Service are Radio Cult’s registered and unregistered trademarks or service marks. Other product and service names located on the Service may be trademarks or service marks owned by third parties (the “Third-Party Trademarks,” and, collectively with Radio Cult Trademarks, the “Trademarks”). Except as otherwise permitted by law, you may not use the Trademarks to disparage Radio Cult or the applicable third-party, Radio Cult’s or a third-party’s products or services, or in any manner (using commercially reasonable judgement) that may damage any goodwill in the Trademarks. You may not use any Trademarks as part of a link to or from any Service without Radio Cult’s prior express written consent. All goodwill generated from the use of any Radio Cult Trademark will inure solely to Radio Cult’s benefit.

5.4. Restrictions

The Service and Trademarks, including all intellectual property rights therein, are the sole and exclusive property of Radio Cult and its licensors. Radio Cult hereby reserves all rights not expressly granted to you in this Section 5. Accordingly, nothing in this EULA or on the Service will be construed as granting to you, by implication, estoppel or otherwise, any additional licence rights in and to the Service or Trademarks located or displayed therein. Except for the right to access Third Party Content through the Service, no rights are hereby granted to you with respect to such Third Party Content.

6. Feedback

We appreciate the thoughts and comments from our Users. If you choose to provide suggestions regarding existing features, problems with or proposed improvements to the Service (“Feedback”), then in doing so, you hereby grant Radio Cult an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right and licence to exploit the Feedback in any manner we see fit. Radio Cult will have no obligation to provide you with attribution for any Feedback you provide to us.

7. Limitation of Liability and Disclaimer of Warranties

The following terms in this section 7 apply to the fullest extent permitted by law:

1. Radio Cult, its affiliates and their respective officers, directors, employees, agents, and suppliers (collectively the “Radio Cult Parties”) make no warranties or representations about the Service and any content available on the Service, which includes, but is not limited to, the accuracy, reliability, completeness, appropriateness, timeliness or reliability of the Service provided. The Radio Cult Parties will not be liable for the truth, accuracy or completeness of any content on the Service and any error, mistake or omission therein. As a User, you agree that you use the Service at your own risk.

2. The Radio Cult Parties do not warrant that the Service will operate free of errors. Further no warranty is given that the Service and any content thereon are free of computer viruses or similar contamination. The Radio Cult Parties will not be responsible for any cost related to servicing or replacing equipment or data, which occurred whilst using the Service.

3. The Service and all content thereon are provided on an “as is” and “as available” basis without any warranties of any kind. Accordingly, the Radio Cult Parties disclaim all warranties, including, but not limited to, the warranties of title, merchantability, non-infringement of third-parties rights and fitness for particular purpose.

4. Radio Cult does not disclaim any warranty or other right that is prohibited under applicable law.

8. Third Party Disputes

To the fullest extent permitted by law, any dispute you have with any third party arising out of your use of the Service is directly between you and such third party. You irrevocably release the Radio Cult Parties from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

9. Term and Termination of the EULA

1. Term. As between you and Radio Cult, the term of this EULA commences as of your first use of the Service and continues until the termination of this EULA by either you or Radio Cult.

2. Termination. You may terminate this EULA by sending written notification to Radio Cult at services@radiocult.fm, deleting the App from your connected device and terminating all other uses of the Service. Radio Cult reserves the right, at its sole discretion, to restrict, suspend or terminate this EULA and your access to all or any part of the Service at any time without prior notice or liability if you breach any provision of this EULA or violate the rights of any third party. Radio Cult may further terminate this EULA immediately for any other reason with or without notice to you, using the email address associated with your Account credentials. Radio Cult reserves the right to change, suspend or discontinue all or any part of the Service at any time without prior notice or liability.

3. Effect of Termination. After any termination of this EULA, you understand and acknowledge that (i) we will have no further obligation to provide the Service to you; and (ii) all licences and other rights granted to you in this EULA will immediately cease. Radio Cult is not liable to you or any third party for termination of the Service or termination of your use of the Service. Upon any termination or suspension, you may no longer access any information that is related to your Account. Furthermore, Radio Cult will have no obligation to maintain any information stored in our database related to your Account or to forward any information to you or any third party. If your account has been terminated for a breach of these Terms, then you are prohibited from creating a new Account on the Service using a different name, email address or other forms of account verification.

10. Consent to Electronic Communications

By using the Service, you consent to receiving certain electronic communications from us as further described in the Radio Cult Privacy Policy.

11. Contact Us

If you have any comments, complaints, suggestions about this EULA, the Service or otherwise would like to contact us, then you can contact Radio Cult by email at services@radiocult.fm.

12. Open Source Software

The App contains open source software. Each item of open source software is subject to its own applicable licence terms.

13. No Support

Radio Cult is under no obligation to provide support for the Service.

14. Notice regarding Apple

This Section 14 only applies to the extent you are using our mobile application on an iOS device. You acknowledge that this EULA is between you and Radio Cult only, not with Apple, and Apple is not responsible for the App or the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, then you may notify Apple and Apple will refund the purchase price for the relevant App to you. To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the App. Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defence, settlement and discharge of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights. You agree to comply with any applicable third party terms, when using the App. Apple, and Apple’s subsidiaries, are third party beneficiaries of this EULA, and upon your acceptance of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third party beneficiary of this EULA.