Terms of Use
1. Introduction
Please read these Terms of Use carefully as they govern your use of Radio Chanson America’s personalized non-interactive music streaming (radio) services, including the website and mobile applications.
By registering or otherwise using the Radio Chanson America service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Radio Chanson America service or access any Content.
THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT, WHICH IS FURTHER SET FORTH IN SECTION 6 BELOW, AND REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR ANY OTHER LEGAL PROCEEDINGS. CLASS ACTIONS OR CLASS ACTIONS OF ANY KIND.
1.1 Service Provider
These Terms are between you and NEKLUDIUM MEDIA LLC
3363 NE 163 street suttee 702 NORTH MIAMI BEACH, FL. US 33160
owner of the “CHANSON AMERICA” trademark and all services,
Radio Chanson America mobile app and website www.chansonamerica.com
1.2 Age and qualification requirements
BY USING THE RADIO CHANSON AMERICA SERVICE, YOU REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER TO ACCEPT THESE TERMS, OR IF YOU ARE 13 YEARS OF AGE OR OLDER AND HAVE OBTAINED PARENTAL OR GUARDIAN CONSENT TO ACCEPT THESE TERMS.
2. “Radio Chanson America” service
2.1 Parameters of the Radio Chanson America service
Listening to the flagship radio station, Radio Chanson America, is free, while other options and radio channels require payment after a 30-calendar day trial period. We may also offer special advertising inventory, including offers for third-party products and services. We are not responsible for the products and services provided by such third parties.
2.2 Third Party Applications, Devices and Open Source Software
The Radio Chanson America Service may integrate with or otherwise interact with third-party applications, websites and services, as well as with third-party personal computers, mobile phones, tablets, wearable devices, speakers, and other devices. Your use of such third-party applications and devices may be subject to additional terms and conditions and policies provided to you by the applicable third party. Radio Chanson America does not guarantee that third party applications and devices will be compatible with the Radio Chanson America service.
2.3 Limitations and changes to the service
We make reasonable efforts to maintain the Radio Chanson America service and provide you with personalized, quality audio. However, Radio Chanson America reserves the right to change our offerings and their availability from time to time without notice or liability to you.
For example:
- The Radio Chanson America service may be subject to temporary interruptions due to technical difficulties, maintenance or testing, or updates, including those necessary to reflect changes in applicable laws and regulations.
- We are committed to continually developing and improving the Radio Chanson America Service, and we may change, suspend or discontinue (permanently or temporarily) all or part of the Radio Chanson America Service (including certain features, functionality, subscription plans and promotional offers).
- Radio Chanson America is not obligated to provide any specific content through the Radio Chanson America service; users cannot delete/add certain songs, videos, podcasts and other content, or perform other active actions, since the Radio Chanson America service America provides non-interactive use of the content only.
If you have prepaid fees directly to Radio Chanson America for a paid subscription, in the event that Radio Chanson America is permanently terminated prior to the end of your prepayment period (as that term is defined in the “Payments and Cancellations” section below), ” Radio Chanson America will refund you a prorated portion of the amount. prepaid fees for the prepaid period following such termination. Your account and payment information must be current in order for us to refund your money.
Radio Chanson America is not responsible to you and has no obligation to provide a refund to you in connection with interruptions or failures in the Internet or other Radio Chanson America services caused by government agencies, other third parties, or events beyond our control.
3. Your use of the Radio Chanson America service
3.1 Creating a Radio Chanson America Account
You must create a Radio Chanson America account to use all or part of the Radio Chanson America service. Your username and password are for your personal use only and must be kept confidential. You understand that you are responsible for any use (including any unauthorized use) of your username and password. Please notify our support team help@chansonamerica.com immediately if your username or password is lost or stolen or if you believe your account has been accessed in an unauthorized manner.
3.2 Your rights to use the Radio Chanson America Service and access to the “Radio Chanson America” service
Subject to your compliance with these Terms (including any other applicable terms and conditions), we grant you a limited, non-exclusive, revocable permission to make personal, non-commercial use of the Radio Chanson America Service and Content, collectively referred to as “Access”. This Access will remain in effect until terminated by you or Radio Chanson America. You agree that you will not distribute or transmit the Radio Chanson America service or content for commercial purposes.
Radio Chanson America and its owner Nekludium Media LLC retain ownership of all copies of the Radio Chanson America software applications even after installation on your devices.
3.3 Radio Chanson America Proprietary Rights
All trademarks, service marks, trade names, logos, domain names and any other brand elements of Radio Chanson America are the exclusive property of Nekludium Media LLC. These terms do not grant you any rights to use any elements of the Radio Chanson America brand, whether for commercial or non-commercial use.
3.4 Payments
You can only purchase a Paid Subscription directly from Radio Chanson America in one of the following ways:
payment of the subscription fee plus applicable taxes in advance on a monthly basis or at such other periodic intervals as notified to you prior to making a purchase.
OR
If you receive a paid subscription using a code, gift card, prepaid offer or other offer provided or sold by or on behalf of Radio Chanson America to access the paid subscription, you hereby agree to these Radio Chanson America terms of use.
3.5 Price and tax changes
Radio Chanson America may make changes to Paid Subscriptions from time to time, including recurring subscription fees, Prepaid Period (for periods not yet paid for), we will notify you in advance of any price changes. Price changes will take effect at the beginning of the next subscription period following the date of the price change, and by continuing to use the Radio Chanson America service after the price change takes effect, you accept the new price. If you do not agree to a price change, you may reject the change by unsubscribing from the applicable paid subscription before the price change takes effect.
Tax rates are based on the rates in effect at the time of the monthly payment, amounts that may change over time depending on local tax requirements in your country, state, territory, county or city. Any tax rate change will be applied automatically based on the account information you provide.
3.6 Renewal and cancellation
With the exception of paid prepaid subscriptions, your payment to Radio Chanson America will automatically renew at the end of the applicable subscription period unless you cancel your paid subscription before the end of that current subscription period. Contact our customer service team help@chansonamerica.com for cancellation instructions. Cancellation will take effect the day after the last day of your current subscription period and you will be downgraded to the free version of the Radio Chanson America service. We do not provide refunds or credits for any partial subscription periods except as expressly provided in these Terms.
If you have purchased a paid subscription using a Code, your subscription will automatically terminate at the end of the period specified in your Code or when there is insufficient prepaid balance to pay for the Radio Chanson America service.
4. Intellectual property rights
4.1 Your device
You grant us the right to allow Radio Chanson America to use the processor, bandwidth and storage hardware on your Device to facilitate the operation of Radio Chanson America and to provide you with advertising and other information.
5. Problems and disputes
5.1 Suspension and termination of the service “Radio Chanson America”
These Terms will apply to you unless and until terminated by either you or Radio Chanson America. Radio Chanson America may terminate these Terms (including any additional terms and conditions included herein) or suspend your access to the Radio Chanson America Service at any time if we believe that you have violated any of these terms. , you agree that Radio Chanson America will not have any liability to you (except as expressly provided in these Terms) and Radio Chanson America will not refund any amounts you have already paid. You may terminate these Terms at any time, in which case you may not continue to access or use the Radio Chanson America Service.
5.2 Disclaimer of Warranties
THE RADIO CHANSON AMERICA SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. FURTHER, RADIO CHANSON AMERICA AND ALL CONTENT OWNERS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, AND STATUTORY, WITH REGARD TO THE CONTENT, INCLUDING WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER RADIO CHANSON AMERICA NOR THE CONTENT OWNER WARRANT THAT THE SERVICE OR RADIO CHANSON AMERICA CONTENT IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. IN ADDITION, RADIO CHANSON MAKES NO REPRESENTATIONS, WARRANTIES OR RESPONSIBILITY FOR ANY THIRD PARTY APPLICATIONS (OR THEIR CONTENT), USER CONTENT, DEVICES, OR ANY PRODUCTS OR SERVICES ADVERTISED, PROMOTED OR OFFERED. BY A THIRD PARTY ON OR THROUGH THE RADIO CHANSON SERVICE AMERICA OR ANY HYPERLINKED WEBSITE, RADIO CHANSON AMERICA SHALL NOT BE LIABLE FOR ANY TRANSACTIONS BETWEEN YOU AND THIRD PARTY PROVIDERS OF THE FOREGOING. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM RADIO CHANSON AMERICA SHALL CREATE ANY WARRANTY ON BEHALF OF RADIO CHANSON AMERICA. YOU MAY NOT ACCESS CONTENT FILTERING FUNCTIONS WHEN USING THE RADIO CHANSON AMERICA SERVICE, THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the exclusions and limitations in this section may not apply to you.
5.3 Limitation of liability and time limit for filing a claim
YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE RADIO CHANSON AMERICA SERVICE IS TO UNINSTALL ANY RADIO CHANSON AMERICA SOFTWARE AND STOP USING THE RADIO CHANSON AMERICA SERVICE .
YOU AGREE THAT RADIO CHANSON AMERICA HAS NO OBLIGATION OR LIABILITY OF ANY KIND ARISING OUT OF OR RELATED TO OTHER APPLICATIONS AND SITES OR THEIR CONTENT AVAILABLE THROUGH THE RADIO CHANSON AMERICA SERVICE.
5.4 Rights of third parties
You acknowledge and agree that Content owners and certain distributors (such as app store providers) are intended beneficiaries of these Terms and have the right to enforce these Terms directly against you.
If you downloaded any of our mobile software applications from the App Store or Google Play, these companies are not responsible for addressing any claims by you or any third party relating to the Radio Chanson America service, including :
- Product liability claims.
- Any claim that the Radio Chanson America service fails to conform to any applicable legal or regulatory requirement.
- Claims arising under consumer protection or similar laws.
- Claims of Intellectual Property Infringement. The App Store and Google Play are not responsible for the investigation, defense, settlement or discharge of any third party claim that the Radio Chanson America Service or your possession and use of the App infringes a third party’s intellectual property rights. You agree to be bound by any applicable third party terms and conditions when using the Radio Chanson America service. The App Store and Google Play, subsidiaries of Apple Inc and Google, are third-party beneficiaries of these Terms.
5.5 Indemnification
You agree to indemnify and hold harmless Radio Chanson America from and against all losses and expenses of any kind (including reasonable attorneys’ fees and costs) arising out of or in connection with:
Your violation of any of these Terms, including any additional Radio Chanson America terms and conditions incorporated herein.
Your violation of any law or the rights of a third party.
5.6 Governing Law, Jurisdiction and Waiver of Jury Trial
These Terms, and any disputes, claims and/or controversies that are in any way related to or arising in connection with these Terms or your relationship with Radio Chanson America as a user of the Radio Chanson America service, shall be governed by and construed in accordance with in accordance with the laws of the State of Florida, except to the extent contrary to US federal law.
6. ARBITRATION AGREEMENT
This section of the Arbitration Agreement sets forth the terms under which disputes between you and Radio Chanson America will be resolved through individual arbitration.
6.1 Dispute resolution and arbitration
Subject to the exceptions set forth in the Exceptions to Arbitration section below, you and Radio Chanson America agree that any dispute between you and Radio Chanson America (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, claims arising during or after termination of these Terms) will be determined by binding individual (non-class) arbitration. The arbitrator shall have the authority to rule on all matters except that the court shall have exclusive authority to:
Decide on the scope and enforceability of this Arbitration Agreement.
Decide whether you and Radio Chanson America have complied with the pre-arbitration filing requirements, including the requirements described in the “Pre-Arbitration Notice of Dispute and Informal Dispute Resolution Period” section below.
Enforce the prohibition on class or representative actions.
Ensure compliance with provisions relating to mass arbitrations.
Prohibit arbitration if it does not comply with this Arbitration Agreement.
THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF THE ARBITRATION AWARD IS LIMITED.
The arbitrator may award the same damages and relief that a court could award (including attorneys’ fees and costs, if permitted by applicable law), except that the arbitrator may not award any relief, including declaratory or injunctive relief. benefit anyone other than the parties to the arbitration. This arbitration provision shall survive termination of these Terms.
6.2 Exceptions to Arbitration
You and Radio Chanson America agree that any dispute relating to any actual or alleged infringement of your or Radio Chanson America’s intellectual property rights will be brought in the federal courts of MIAMI DADE, Florida, and that nothing in this Arbitration Agreement will be deemed to waive, preclude or otherwise limit your or Radio Chanson America’s right at any time to elect to litigate an individual claim in:
U.S. Small Claims Court (provided the claim is brought exclusively in small claims court and appealed to a court of law)
OR
Court, subject to the jurisdiction and venue described in Section 5.6 “Governing Law, Jurisdiction” and “Waiver of Jury Trial” above, seeking only temporary or preliminary individual injunctive relief pending the final award of the arbitrator. Further, this Arbitration Agreement does not prevent you or us from bringing issues to the attention of federal, state, or local agencies. Such agencies may, if permitted by law, seek relief from us on your behalf (or vice versa).
6.3 No Class or Representative Proceedings and Class Action Waiver
YOU AND RADIO CHANSON AMERICA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER IN ARBITRATION OR LITIGATION ONLY TO YOUR INDIVIDUAL AUTHORIZATION.
Unless you and Radio Chanson America agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
6.4 Prior to arbitration notice of a dispute and informal resolution period:
A party intending to seek arbitration must first provide the other party with written notice of the dispute. Notices to Radio Chanson America must be sent by email to legal@chansonamerica.com and notices to you must be sent to the email address associated with your Radio Chanson America account.
All notifications must:
Must be personally signed by the party sending the notice.
Provide the appropriate username, email address associated with the Radio Chanson America user account, and username.
Describe in detail the nature and basis of the dispute.
Provide the expected and suffered damages, as well as the specific compensation requested with its calculation.
Upon receipt of a Notice containing all of the information required above, the parties agree to act in good faith for a period of sixty (60) days to attempt to resolve the dispute (this period may be extended by agreement of the parties).
6.5 Informal Dispute Resolution Period
The party receiving the Notice may request a telephone or video settlement conference during the informal resolution period to facilitate resolution of the dispute
6.6 Informal settlement conference
The informal settlement conference, if held, will be held at a mutually agreeable time, which may be after the sixty (60) day informal settlement period if necessary to accommodate the parties’ schedules. During the informal resolution conference, you and a representative of Radio Chanson America must personally engage in good faith processes to resolve the dispute without the need to proceed to arbitration. Any attorney representing the parties may also participate. Personal attendance at the informal settlement conference is not required unless you and Radio Chanson America agree in writing.
The Notification, Informal Resolution Period, and Informal Resolution Conference are intended to provide the parties with a meaningful opportunity to resolve disputes informally. If any aspect of this “Pre-Arbitration Notification of Dispute and Informal Resolution Period” section has not been complied with, the parties agree that the court may order the commencement of arbitration and, unless prohibited by law, the insolvency practitioner shall have no authority to accept or administer the arbitration. , and to claim fees in connection with such arbitration proceedings. Notwithstanding the foregoing, each party reserves the right to assert failure to comply with this section and seek appropriate relief through arbitration.
Any applicable statute of limitations or contractual statute of limitations will be subject to payment for any claims and requests for damages set forth in the notice from the date you or Radio Chanson America sends the notice until:
Thirty (30) days after the end of the Informal Settlement Period if no Informal Settlement Conference is held.
OR
Thirty (30) days after the conclusion of the Informal Settlement Conference if the Informal Settlement Conference is held during the “Toll Period.”
Neither you nor Radio Chanson America may begin an arbitration proceeding until the end of the Fee Period.
6.7 Arbitration Rules and Fees
You or Radio Chanson America may begin an arbitration proceeding. Any arbitration between you and Radio Chanson America will be conducted by National Arbitration in accordance with their rules applicable to and the nature of the dispute, including the Comprehensive Dispute Resolution Rules and Procedures and/or Supplemental Rules for Mass Arbitration Claims. You and Radio Chanson America agree that the Federal Arbitration Act will apply and govern the interpretation and enforcement of this Arbitration Agreement, notwithstanding the choice of law provision above. The demand must be accompanied by an appropriate notice and must be personally signed by the party initiating the arbitration (and its attorney, if represented).
If you initiate arbitration, you must submit a demand to Radio Chanson America by email at legal@chansonamerica.com If Radio Chanson America initiates arbitration, Radio Chanson America will send you the demand to the email address associated with your Radio Chanson America account. The claimant must certify in the demand that the requirements set forth in the “Pre-Arbitration Notice of Dispute and Informal Resolution Period” section above have been met and must attach a copy of the notice to the demand.
Radio Chanson America will pay all filing, administration, litigation, hearing, and arbitrator fees if it initiates arbitration. If you elect to commence arbitration, the distribution and payment of arbitration fees will be governed by the rules of the National Arbitration Court, unless otherwise required by court order or to enforce this Arbitration Agreement. You and Radio Chanson America agree that arbitration should be cost-effective for all parties. Either party may cooperate with the arbitration administrator to reduce fees and defer payments.
Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award and award, if any, are based. The arbitrator may review rulings in other arbitrations involving other users, but the arbitrator’s decision will not be binding on any arbitration involving other users. The arbitrator may rule and resolve any disputes regarding payment and reimbursement of fees or expenses.
6.8 Feasibility
If this Arbitration Agreement is found to be invalid as a whole during arbitration or a Dispute, the parties agree that they may attempt to resolve the Dispute in small claims court in the United States or in the federal or state courts of Florida, subject to the section “Governing Law, Jurisdiction and Waiver of Jury Trial” above. To the maximum extent permitted by applicable law, each party may bring a dispute against the other party only in an individual capacity and not participate as a plaintiff or class member in any class, collective, consolidated, private attorney general or representative proceeding.
7. About these Terms
Under applicable US law, you may have certain rights that cannot be limited by contract. These terms are not intended to limit these rights in any way.
7.1 Changes
We may change these Terms (including any additional Radio Chanson America terms and conditions incorporated herein by reference) from time to time, by notifying you of such changes by any reasonable means, including by posting the revised terms on the applicable Service ” Radio Chanson America” or at www.chansonamerica.com (provided that, in the event of material changes, we will endeavor to supplement such notice by email, pop-up message or other prominent notice on the Radio Chanson America service or other means) . Your use of the Radio Chanson America service following any changes to these terms will constitute your acceptance of such changes. Subscribers who do not wish to continue to use the Radio Chanson America service in accordance with the updated terms must close their Radio Chanson America account prior to the renewal date or thirty (30) days after the effective date, whichever whichever comes first. This opt-out notice must be sent to delete@chansonamerica.com within thirty (30) days of notifying users of the change and include:
Your name, address, email address associated with your Radio Chanson America account, telephone number and Radio Chanson America username. Such waiver must be sent personally by you, using your personal email address, and not by your agent, attorney, or anyone else purporting to act on your behalf. The notice of refusal must also include a statement that you wish to reject the modification to the Arbitration Agreement. Failure to make material changes to the Arbitration Agreement does not constitute a complete waiver of arbitration. Even if you refuse a material change to the Arbitration Agreement.
7.2 Full consent
Except as set forth in this section or as expressly agreed in writing between you and Radio Chanson America, these terms constitute the entire terms and conditions agreed to between you and Radio Chanson America and supersede any prior agreements with respect to the subject matter of these terms and conditions, whether written or oral.
7.3 Final provision.
Radio Chanson America may assign any or all of these Terms and may assign or delegate, in whole or in part, any of its rights or obligations under these Terms. You may not assign these terms, in whole or in part, or transfer or sub-license your rights under these terms to any third party. Except as otherwise provided in these Terms, if any provision of these Terms is found to be invalid or unenforceable for any reason or to any extent, the remaining provisions of these Terms will not be affected and enforcement of that provision will apply. to the extent permitted by law. Any failure of Radio Chanson America or any third party beneficiary to enforce these Terms or any provision thereof shall not constitute a waiver of Radio Chanson America’s or the applicable third party beneficiary’s right to do so.