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App End User Agreement


PLEASE READ CAREFULLY BEFORE DOWNLOADING OR STREAMING THE APP FROM THIS WEBSITE.

This end-user licence agreement (EULA) is a legal agreement between you (End-user or you) and Fubar Radio Limited, whose registered offices are The Exchange, 26 Haslucks Green Road, Shirley, Solihull, West Midlands B90 2E (Licensor, us or we) for FUBAR Radio App mobile application software, the data supplied with the software, and the associated media (App).

We licence use of the App to you on the basis of this EULA and subject to any rules or policies applied by any appstore provider or operator from whose site (Appstore) the End-user downloaded the App (Appstore Rules). We do not sell the App to you. We remain the owners of the App at all times.

Operating system requirements This App requires a Smartphone Mobile or Internet access, with minimum operating systems iOS5 for iPhone or version 4.0 for Android phones.

Important notice:

  • By downloading the App you agree to the terms of this EULA which will bind you. The terms of this EULA include, in particular, the privacy policy and terms and conditions defined in condition 1.5 and limitations on liability in condition 6.
  • If you do not agree to the terms of this licence, we will not license the App to you and you must (whichever is applicable): (a) stop the downloading process now; or (b) not proceed to download the App; or (c) remove the downloaded App from any device in which it is installed.
  • As a consumer, you have the right to withdraw from the transaction you are entering into with us without charge and without any reason before starting to use the App.
  • However, you will lose the right to cancel the transaction once you start to use the App and the Services (defined below).
  • This does not affect your consumer rights for an app that is defective.

Agreed terms

1. Acknowledgements

1.1

The terms of this EULA apply to the App and the live and/or recorded audio and/or audiovisual programmes we make available from time to time (at out discretion) through it (Services), including any updates or supplements to the App, unless they come with separate terms, in which case those terms apply.

1.2

We may change these terms at any time by notifying you of a change when you next start the App. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the App.

1.3

From time to time updates to the App may be issued through the Appstore. Depending on the update, you may not be able to use the Services until you have downloaded or streamed the latest version of the App and accepted any new terms.

1.4

You will be assumed to have obtained permission from the owners of the mobile telephone or handheld devices that are controlled, but not owned, by you and described in condition 2.2 (Devices) and to download or stream a copy of the App onto the Devices. You and they may be charged by your and their service providers for internet access on the Devices. You accept responsibility in accordance with the terms of this EULA for the use of the App and the Services on or in relation to any Device, whether or not it is owned by you.

1.5

You must be 18 years old to use the App and you must ensure that no one under the age of 18 years old obtains access to the App on the Devices.

1.6

The terms of our privacy policy from time to time, available at http://fubarradio.com/privacy-policy (Privacy Policy) and our terms and conditions of business available at http://fubarradio.com/website-terms-conditions/ (Terms and Conditions) are incorporated into this EULA by reference. Additionally, by using the App and the Services you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send using the App may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

1.7

By using the App, you consent to us collecting and using technical information about the Devices and related software, hardware and peripherals to improve our products and services.

1.8

We may make use of location data sent from the Devices. You can turn off this functionality at any time by turning off the location services settings for the App on the Device. If you do not turn off this functionality you are consenting to us and our affiliates’ and licensees’ transmitting, collecting, maintaining, processing and using  your location data.

1.9

The App may contain information, promotions, offers, vouchers and/or links to independent third-party websites (Third-party Information). The content of any Third-party Information is not under our control, and we are not responsible for and do not endorse the content of any Third-party Information. You should also be aware that the use of any promotions, offers or vouchers are likely to be subject to the terms and conditions of the third parties who are the subject of any such material.

1.10

Any words following the terms including, include, in particular or for example or any similar phrase shall be construed as illustrative and shall not limit the generality of the related general words.

2. Grant and scope of licence

2.1

In consideration of you agreeing to abide by the terms of this EULA and for the payment of all licence fees from time to time due in accordance with our Terms and Conditions (Licence Fees), we grant you a non-transferable, non-exclusive licence to use the App on the Devices, subject to these terms, the Privacy Policy, the Terms and Conditions and the Appstore Rules, incorporated into this EULA by reference. We reserve all other rights.

2.2

You may download a copy of the App and view, use and display the App and the Services on the Devices for your personal purposes only.

3. Licence restrictions

Except as expressly set out in this EULA you agree:

(a)        not to copy the App;

(b)        not to use the App outside of the United Kingdom;

(c)        not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App; and

(d)        not to make alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs,

together Licence Restrictions.

4. Acceptable use restrictions

You must:

(a)        not use the App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App;

(b)        not infringe our intellectual property rights or those of any third party in relation to your use of the App or the Services(to the extent that such use is not licensed by this EULA);

(c)        not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App and the Services;

(d)        not use the App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and

(e)        not collect or harvest any information or data from the Services or our systems or attempt to decipher any transmissions to or from the servers running the Services.

5. Intellectual property rights

5.1          You acknowledge that all intellectual property rights in the App, the content of the App and the Services anywhere in the world belong to us or our licensors, that rights in the App are licensed (not sold) to you, and that you have no rights in, or to, the App other than the right to use it in accordance with the terms of this EULA.

5.2          You acknowledge that you have no right to have access to the App in source-code form.

6. Limitation of liability

6.1

 You acknowledge that the App has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the App meet your requirements.

6.2 

You acknowledge and agree that: (a) the App may not be fully functional all of the time; and (b) we shall not be responsible for any viruses transmitted or distributed via the App from time to time.

6.3

We only supply the App for domestic and private use. You agree not to use the App for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

6.4 

Subject the other terms of this clause 6, our maximum aggregate liability under or in connection with this EULA whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to the amount of all licence fees paid by you to us from time to time.

7. Termination

7.1

We may terminate this EULA immediately by written notice to you if:

(a)        at our discretion, we determine to do so for any reason;

(b)        you commit a material or persistent breach of this EULA; and

(c)        you breach any of the: (i) Terms and Conditions (including but not limited to failing to pay any of the Licence Fees); (ii) Licence Restrictions; or (iii) the Acceptable Use Restrictions.

7.2 On termination for any reason:

(a)        all rights granted to you under this EULA shall cease;

(b)        you must immediately cease all activities authorised by this EULA, including your use of any Services; and

(c)        you must immediately delete or remove the App from all Devices, and immediately destroy all copies of the App then in your possession, custody or control.

8. Communication between us

8.1         

If you wish to contact us in writing, or if any condition in this EULA requires you to give us notice in writing, you can send this to us by e-mail or by prepaid post to our address set out above or to help@fubarradio.com. We will confirm receipt of this by contacting you in writing, normally by e-mail.

8.2 

If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us when registering for the App and the Services.

9. Events outside our control

9.1

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this EULA that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks (Event Outside Our Control).

9.2   

If an Event Outside Our Control takes place that affects the performance of our obligations under this EULA:

(a)        our obligations under this EULA will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and

(b)        we will use our reasonable endeavours to find a solution by which our obligations under this EULA may be performed despite the Event Outside Our Control.

10. Other important terms

10.1 

We may transfer our rights and obligations under this EULA to another organisation, but this will not affect your rights or our obligations under this EULA.

10.2 

You may only transfer your rights or obligations under this EULA to another person if we agree in writing.

10.3      

If we fail to insist that you perform any of your obligations under this EULA, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

10.4    

Each of the conditions of this EULA operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.

10.5       

Please note that this EULA, its subject matter and its formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction