Terms of Service
Latest Version May 25th, 2018
We may modify these Terms in our sole discretion. It’s your responsibility as a User to be aware of the latest version of these Terms and for that purpose visit our Website on a regular basis. If you do not agree with these Terms or its future amendments, we recommend you to leave our Website and don’t use our Services.
2 User’s and Cloudrad.io’s Obligations
Users can upload their content, and they keep the intellectual copyrights to that content. When this content is causing harm to our systems, User shall be liable for all losses and we may terminate your subscription.
Each User is welcome to contribute to our online community, and by participating, you shall follow the rules stated on the top of the following webpage: https://hc.cloudrad.io/hc/en-us/community/topics. Users can be removed when they are not polite, express explicit language, harass other Users, share unsolicited commercial offers (spam) or any other behaviour we deem inappropriate on our online community.
We shall do our best to make the necessary data backups, but we cannot guarantee Users that all data will be backed up at all times.
Cloudrad.io shall never have an obligation to accept any Customer and subsequently deliver our Services.
Cloudrad.io can terminate the subscription of any User in the event of misuse of our Services, or when our Platform is being targeted or hacked.
Each User is responsible to provide correct information, and in the event of changes thereto you shall update the information. When the information you provided is incorrect, and as a result Cloudrad.io suffers losses, for example, we have to pay due (Sales) Taxes, you shall be responsible for the compensation of such losses.
3 Intellectual Property
Services CloudRadio Inc. shall be the owner of all intellectual property rights on the content from our Website Cloudrad.io, its platforms and any other means of communication. This includes, but is not limited to: trademarks, service marks, graphics, logos, written content and drawings.
To the extent that Cloudrad.io uses third-party trademarks, service marks, graphics, and logos, you as User are not granted any right or license with respect to these intellectual property rights.
Cloudrad.io does not allow Users to distribute illegal content or content that infringes upon the intellectual copyrights of third parties. We never provide any licenses or other rights of the audio content distributed with the use of our Platform on any website. Cloudrad.io may provide album art, but we do not represent that we hold the licenses in those images we present with the use of our Platform.
4 Parental Advisory
5 Billing Period
All prices are mentioned in United States Dollars, and each User can choose to subscribe to a plan mentioned on the landing page of our website: www.cloudrad.io. Once you subscribed and make use of our services, you have the obligation to pay for the services you have received.
The Services each User used in a given month will be billed at the end of that same month, and according to the prices mentioned on our Website. This will be charged from the credit card or PayPal account you provided us. Each User shall receive on the first day of each month an invoice from us stating the services and prices that were used in the previous month. If you provided a credit card, payments are charged automatically. Cloudrad.io shall provide a notification once the payment has been charged from your credit card.
In the event, we cannot collect or a User didn’t make a payment for Services provided to you, we can suspend our Services on the 10th day of each month. After a suspension, the Services can be deleted anytime and all information User provided will be lost.
Cloudrad.io may amend the prices and subscription plans, and we shall notify all our current Users in writing thirty (30) days prior to the date when our new prices and subscription plans take effect. In the event of a promotion, we can make such a promotion available to Users upon availability and end this promotion any time.
Cloudrad.io shall charge the applicable Sales Taxes when a User is located in Canada. When the information you provided is incorrect, and as a result Cloudrad.io must pay due (Sales) Taxes, you shall be responsible for the compensation of such losses.
6 Cancellation and Refund
Users can cancel the use of the Services at any given moment, and the billing shall stop automatically. Users shall receive at the end of the final month of their subscription the invoice for Services used in that month.
Each new customer that is dissatisfied with the services Cloudrad.io provides can receive a full refund of the payment that is made provided a notification within thirty (30) days after the date our Services commenced is sent to us per e-mail. When the payment is no longer refundable, and you still hold a positive balance with Cloudrad.io, then we can reimburse the payment to your balance account minus a transaction 5 USD fee.
7 Notice and Notice Regime (N&NR)
In operating the Cloudrad.io Services, we may act as a service provider, and as such offer services as online provider of certain copyright protected materials according to the Notice and Notice Regime. As a result, copyright protected materials from third parties which we do not own or control may be transmitted, stored, accessed or otherwise made available using our Services. Cloudrad.io has certain legally mandated procedures regarding allegations of copyright infringement, such as the forwarding of notification and confirmation of such an action under the obligations of the N&NR.
8 Disclaimer and Limitation of Liability
Your use of our Services is fully at your own risk. All information, materials and services we provide through this website are provided "as is", meaning without any representations or warranties of any sort. Cloudrad.io cannot warrant the accuracy or completeness of the information, materials or services provided on or through our Website. The information, materials and services provided on or through this Website may be out of date, and neither Cloudrad.io, nor any of its affiliates can make any commitment or assumes any duty to update such information, materials or services. The foregoing exclusions of implied warranties do not apply to the extent it is prohibited by law. Please refer to your local laws for any such prohibitions.
Cloudrad.io does not assume any responsibility or will be liable, for any damages to, or any viruses that may infect your or our computer systems, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Site.
All Content is provided to you on an "as is" "as available" basis without warranty of any kind either express or implied, including but not limited to the implied warranties for a particular purpose and non-infringement. Cloudrad.io makes no warranty as to the accuracy, completeness, currency, or reliability of any Content available through the Cloudrad.io’s Services. The Use of the Cloudrad.io Services is at your sole risk. Cloudrad.io makes no representations or warranties whatsoever, that use of the Cloudrad.io Products and Services will be uninterrupted or error-free.
In no event will Cloudrad.io, or any of its officers, directors, employees, shareholders, affiliates, agents, successors or assigns, nor any party involved in the creation, production or transmission of this website, be liable to you or anyone else for any indirect, special, punitive, incidental or consequential damages (including, without limitation, those resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of use of this website, any websites linked to this website, or the materials, information or services contained on any or all such websites, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages. The foregoing limitations of liability do not apply to the extent prohibited by law. You agree that your sole remedy is to cease using this website.
You agree to defend, indemnify and hold Cloudrad.io and any affiliated company or individual harmless from all liabilities and costs, including reasonable attorneys' fees, related to or in connection with (i) the use of the Cloudrad.io Products and Services; (ii) your violation of any term of this Agreement, including without limitation, your breach of any of the representations and warranties above; (iii) your violation of any third party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; or (iv) your violation of any law, rule or regulation of the United States, Canada or any other jurisdiction. You shall not sue or seek to recover any damages or other payment from Cloudrad.io and its agents, representatives, employees, licensors, affiliates, technology providers, and any parent or subsidiary company as a result of the decision to terminate these Terms.
10 Applicable Law and Disputes
These Terms and Conditions shall be solely governed by the laws of Canada. Users warrant and undertake not to initiate any class action lawsuit against Cloudrad.io. The proper court in Canada is competent to hear any claim that may arise between Cloudrad.io and Users.
Complaints or Abuses? Contact us directly at [email protected] or write us: PO Box 181 Station H, Montréal, QC, H3G 2K7, Canada