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TERMS OF SERVICE

 

 

IMPORTANT READING

You must read these terms and conditions (« the Terms of Service ») carefully and accept them when purchasing or downloading all products, services or software from LILICAST SA with registered offices at Avenue Brugmann 63, 1190 Brussels Belgium (hereinafter the “Company”). The Terms of Service govern the use and licensing of the application Lilicast and the related services (hereinafter referred to as “the Services”). The Terms of Service may include Additional Terms that are specific to some functions or features of the Services or to some additional Services. The Additional Terms include, without limitation, the Privacy Policy and the Acceptable Use Policy, which are separated documents but form an integral part of your agreement with the Company under the Terms of Service. Other Additional Terms will be referred to hereunder as the case may be.

By completing the electronic acceptance process on any electronic platform where the Services are accessible, or by clicking any “submit” or “accept” buttons, or using the Services without objecting to the content of the Terms of Service, you and any party or entity on behalf of which you are operating (hereinafter referred to as “You” or “Your”), represent and warrant that (a) you are entering into a legally binding agreement with the Company governed by the Terms of Service (hereinafter the “Agreement”), (b) you shall abide by all the covenants and conditions in the Terms of Service, including the disclaimer of warranty and the limitations of liability sections hereunder, as well as the Additional Terms, (c) your relationship with the Company and your using the Services shall not be governed by additional or other terms and conditions than the Terms of Service.

The Company reserves the right to update or amend the Terms of Service at any time, subject only to giving You notice thereof. Changes to the Terms of Service shall enter into force with immediate effect after such notification has been sent through the Account Data which You provided when completing the registration process.

 

Personal Data

Personal Data under the Agreement are as defined in the Directive 1995/46/EC or the implementing national laws. Such Personal Data shall be processed in accordance with the Privacy Policy. Your consenting with the Terms of Service includes consenting with the Privacy Policy and allowing the Company to process Your personal data in accordance with the Privacy Policy. The Privacy Policy is accessible on the website of the Company.

 

GENERAL TERMS

 

Content disclaimer & Intellectual property rights

You commit to using Lilicast including any content made available on Lilicast strictly for your private use and within your family circle. Furthermore, when sharing content available on Lilicast you commit to sharing strictly an extract of your appearance, or to have received the written authorization from the radio to share the entire show.

We accept no responsibilities for any content that users may post and share on tier websites or social networks in which case the related Terms of Use would apply.

We do not claim ownership of the content provided on Lilicast. Lilicast simply acts as a service provider to record and edit content aired on various radio stations and recorded by the user. The content made available on Lilicast falls under the copyright or other intellectual property right owned or licensed by the radio stations or other stakeholders.

The content of Lilicast is provided for information purposes only. You assume sole responsibility for results obtained from the use of the WebApp, and for conclusions drawn from such use. No legal liability or other responsibility is accepted by or on behalf of Lilicast for any errors, omissions, or statements on Lilicast, or any site to which these pages connect. We accept no responsibility for any loss, damage or inconvenience caused as a result of reliance on such information.

By using Lilicast and agreeing to these Terms of Service, you consent to our use of cookies.

 

General use limitations

You shall not in any way use Lilicast to post or share, whether it is be between users of Lilicast or on third party websites and social networks, anything which in any respect: (1) is in breach of any law, statute or regulation of any applicable jurisdiction (2) is fraudulent, criminal or unlawful; (3) is inaccurate or out-of-date (4) may be obscene, indecent, pornographic, vulgar, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, defamatory; (5) may infringe or breach the copyright or any intellectual property rights (including without limitation copyright, trademark rights and broadcasting rights) or privacy or other rights of us or any third party;  (6) may be contrary to our interests or to those of the users;

 

Disclaimer of Warranties and Limitations of Damages and Liability

EXCEPT AS SET FORTH IN THIS SECTION. AND EXCEPT THE CASE OF INTENTIONAL OR GROSS NEGLIGENCE OF THE COMPANY, LICENSOR MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SERVICES OR THEIR CONDITION, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE OR USE BY YOU. THE COMPANY FURNISHES THE ABOVE WARRANTIES IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

ALTHOUGH THE COMPANY HAS ATTEMPTED TO PROVIDE ACCURATE INFORMATION WITH RESPECT TO THE SERVICES, THE COMPANY ASSUMES NO LIABILITY FOR THE ACCURACY OR COMPLETENESS OF THE INFORMATION PROVIDED EXCEPT THE CASE OF INTENTIONAL OR GROSS NEGLIGENCE OF THE COMPANY. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE COMPANY DOES NOT WARRANT THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY OR ERROR FREE. NEITHER DOES THE COMPANY WARRANT THAT THE SERVICE DATA VIEWED, SENT OR OTHERWISE SHARED WHEN USING THE SERVICES, WILL BE TRANSMITTED AT ALL, OR WILL BE TRANSMITTED WITHIN A CERTAIN TIMEFRAME, OR WILL BE TRANSMITTED IN ITS ENTIRETY. NOR DOES THE COMPANY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR THE SERVICE DATA OBTAINED THROUGH THE SERVICE. THE COMPANY DOES NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS. IN PARTICULAR, THEIR OPERATION MAY BE MOMENTARILY INTERRUPTED DUE TO MAINTENANCE, UPDATES OR TECHNICAL IMPROVEMENTS.

EXCEPT THE CASE OF INTENTIONAL OR GROSS NEGLIGENCE OF THE COMPANY, THE COMPANY SHALL NOT BE LIABLE FOR ANY (A) SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, ARISING FROM OR RELATED TO A BREACH OF THIS AGREEMENT OR ANY ORDER OR THE OPERATION OR USE OF THE SERVICES INCLUDING SUCH DAMAGES, WITHOUT LIMITATION, AS DAMAGES ARISING FROM LOSS OF DATA OR PROGRAMMING, COST OF REPLACEMENT PRODUCTS OR SERVICES, COSTS OF DATA RECOVERY, LOSS OF REVENUE OR PROFITS, FAILURE TO REALIZE SAVINGS OR OTHER BENEFITS, DAMAGE TO EQUIPMENT, AND CLAIMS AGAINST YOU BY ANY THIRD PERSON, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; (B) DAMAGES (REGARDLESS OF THEIR NATURE) FOR ANY DELAY OR FAILURE BY THE COMPANY TO PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT DUE TO ANY CAUSE BEYOND COMPANY’S REASONABLE CONTROL; OR (C) CLAIMS MADE A SUBJECT OF A LEGAL PROCEEDING AGAINST THE COMPANY MORE THAN TWO YEARS AFTER ANY SUCH CAUSE OF ACTION FIRST AROSE.

ALL DISCLAIMERS, LIMITATIONS OF WARRANTIES AND DAMAGES, AND CONFIDENTIAL COMMITMENTS SET FORTH IN THESE TERMS OR OTHERWISE EXISTING AT LAW (1) ARE OF THE ESSENCE OF THE AGREEMENT OF THE PARTIES, AND (2) SURVIVE ANY TERMINATION, EXPIRATION OR RESCISSION OF THESE TERMS.

 

 

Notification Of Harmful Content

To notify us of content that infringes Your rights or third parties’ rights or is otherwise unlawful (« the Alleged Harmful Content »), You must send a notice at the e-mail address legal@lilicast.com with the following mandatory information:

  • your name, address, telephone number and e-mail address ;
  • a description of the Alleged Harmful Content, the date and time you found it, its exact location and the parts of it that should be removed ;
  • a description of the reasons why you think the Alleged Harmful Content is infringing or illegal in whole or in part ;
  • the proof of the rights that You consider to be infringed, when appropriate  ;
  • an official statement signed by You that the above information is accurate and that You are personally injured or damaged by the Alleged Harmful Content.

If we receive a notice that complies with the above requirements, we will evaluate the information you provided and, if appropriate, disable access to the Alleged Harmful Content. In such a case, we may notify the source or author of the Alleged Harmful Content of your complaint and of our action. If the source of the Alleged Harmful Content provides us with information indicating that the Alleged Harmful Content has been removed wrongly, we may, if appropriate, reinstate the same Content. These procedures remain at our sole discretion.

 

Governing Law & Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of Belgium, without giving effect to any principles of conflict of law. You agree that any dispute concerning the validity, the interpretation, the performance or the termination of the Agreement, shall be submitted to the exclusive jurisdiction of the commercial courts of Brussels, Belgium.

 

Last Updated: 23rd of March 2017

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