Effective October 1, 2023

EasyFM. Terms of Service

Welcome to EasyFM! Thank you for using the EasyFM service and taking the time to read this document.
EasyFM provides radio tuning services through the radiobox.cc website and operates through our mobile applications such as the EasyFM App for iOS and Android. Your use of the EasyFM services provided through or in connection with the website and EasyFM App, and viewing of content available on the Site and App are subject to these Terms of Service and at https://www.radiobox.cc/about/privacy.html. By agreeing to these Terms of Service, you consent to EasyFM’s collection, use and Disclosure of data related to your use of the EasyFM Service. These Terms of Service govern all users and content providers' access to and use of the EasyFM Service and any content, information, products or services. This is a legal agreement between you and EasyFM. If If you do not accept these Terms of Service in full, you may not access, use or link your content on the EasyFM Service. If you access and use the EasyFM Service on behalf of a company or other legal entity, you represent that you have the authority to bind that company or other legal entity Subject to these Terms of Service and all references to "you" in these Terms, the Services apply to a company or legal entity.
IMPORTANT NOTICE ABOUT ARBITRATION: When you agree to these Terms of Service, you agree to resolve any disputes between you and EasyFM through binding individual arbitration rather than in court.

1. Overview

Third Party Links on EasyFM Services, the websites displayed as search results or linked to by the EasyFM service (including online streaming audio stations) are owned and operated by individuals and/or companies over which EasyFM has no control. EasyFM is not responsible for the content of any website or other resource included in any search results or otherwise linked to through the EasyFM Service. For example, logos and links to radio streams or television stations are the copyright or trademark of each radio or television station. If, for any reason, the owners and operators of the linked website wish to remove a link from the EasyFM service, they must contact EasyFM (radiobox@foxmail.com) and expressly request removal. For personal use only The EasyFM Service is for your personal, non-commercial use only. Use of EasyFM to sell products or services, or to increase website traffic for commercial reasons (such as advertising sales) is expressly prohibited. You may not retrieve EasyFM search results and reformat and display them, nor mirror the EasyFM home or results page on your website, or send automated queries to the EasyFM system without the express permission of EasyFM. If you wish to use EasyFM services for commercial purposes, you must enter into an agreement with EasyFM. Please contact radiobox@foxmail.com for more information.

2. Content

Certain types of content are available through the EasyFM Service. As used in these Terms of Service, "EasyFM Content" refers collectively to text, audio, data, graphics, images, photos and video files made available through the EasyFM Service, excluding User Submissions. "User Submissions" as used in these Terms of Service collectively refers to text, audio, data, graphics, images, photos and other content and information posted, uploaded or otherwise submitted to the EasyFM service by EasyFM members, including but not limited to member-created profile page. User Submissions also include recordings, musical compositions, audiovisual content or other content contained therein of any online streaming radio station linked through the EasyFM Service. EasyFM reserves the right to remove and permanently delete any EasyFM Content or User Submissions from the EasyFM Service without prior notice or liability to you.

3. Content Ownership, Responsibility and Removal.

EasyFM does not claim any ownership rights in any User Submissions, and nothing in these Terms of Service will be deemed to limit any rights you may have to use and exploit your User Submissions. Subject to the foregoing, EasyFM and its licensors exclusively own all right, title and interest in and to the EasyFM Services and EasyFM Content, including all related intellectual property rights. You acknowledge that the EasyFM Services and EasyFM Content are protected by copyright, trademark and other laws of the United States and foreign countries. Please also note that product names, logos, brands and other trademarks contained in User Submissions and featured or mentioned on the EasyFM Site and EasyFM Services are the property of their respective trademark holders. These trademark holders are not affiliated with EasyFM or the EasyFM Service. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices contained in or accompanying the EasyFM Services or EasyFM Content. The rights you grant to User Submissions. By making any User Submission available through the EasyFM Service, you hereby grant EasyFM a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, use, reproduce, modify, create derivative works of, publicly display, publicly display To perform and distribute User Submissions in connection with the operation and provision of the EasyFM Services and EasyFM Content to you and other account holders. If you are a broadcasting entity linking a radio or television station through the EasyFM Service, in addition to the license above, you hereby grant EasyFM the right to include your User Submissions in the EasyFM search directory of radio or television stations and other online content. Your Mark License. If you are a radio station or television broadcasting entity whose stations are linked through the EasyFM Service, you hereby grant EasyFM and its licensees a non-exclusive, transferable, worldwide, royalty-free and sublicensable license to use, reproduce, modify , resize, distribute, publicly display and publicly use the logos and trademarks and/or service marks (collectively, the "Marks") that you provide to EasyFM through the EasyFM Services to advertise, market and promote your radio or television station and its availability Your station on or through the EasyFM Service or Website in any and all media now known or hereafter devised. Subject to the license above, you retain all right, title and interest in and to your trademarks and all intellectual property rights contained therein. Responsibility for User Submissions. You are solely responsible for all User Submissions. You represent and warrant that you own all of your User Submissions or that you have all rights necessary to grant us the license rights to your User Submissions under these Terms of Service. You also represent and warrant that your User Submissions, your use and provision of your User Submissions made available through the EasyFM Services, and any use of your User Submissions by EasyFM on or through the EasyFM Services will not infringe , misappropriate or violate a third party’s intellectual property rights, rights of publicity or privacy, or result in the violation of any applicable law or regulation. Removal of User Submissions. You can remove user submissions by specifically removing them. However, in some cases, some User Content you submit (such as posts or comments you make) may not be completely removed, and copies of your User Content may continue to exist on the EasyFM Service. We have no liability or responsibility for the deletion or deletion (or failure to delete or delete) any of your User Submissions. Content rights granted by EasyFM. Subject to your compliance with these Terms of Service, EasyFM grants you a limited, non-exclusive, non-transferable license, without the right to sublicense, to download, view, copy, display and print EasyFM Content solely in connection with the content you allow. . Use the EasyFM Service solely for your personal and non-commercial purposes.

4. Rights and Terms of EasyFM Application.

Rights to the EasyFM Application are granted by EasyFM. Subject to your compliance with these Terms of Service, EasyFM grants you a limited, non-exclusive, non-transferable license, without the right to sublicense, to download and install a copy of the EasyFM Application on a mobile device or computer owned by you or solely for the purpose of Control and operate such copy of the EasyFM Application for your personal, non-commercial use. You may not copy the EasyFM Application except to make a reasonable number of copies for backup or archival purposes. Except as expressly permitted by these Terms of Service, you may not: (i) copy, modify or create derivative works based on the EasyFM Application; (ii) distribute, transfer, sublicense, rent, loan or lease the EasyFM Application to any third party; ( iii) Reverse engineer, decompile or disassemble the EasyFM Application; (iv) Make the functionality of the EasyFM Application available to multiple users by any means. EasyFM reserves all rights in and to the EasyFM Application not expressly granted to you in these Terms of Service. Access the EasyFM app from the App Store. The following terms apply to any EasyFM Application accessed or downloaded through any app store or distribution platform (such as the Apple App Store or Google Play) through which the EasyFM Application may be made available now or in the future (each an "Application Provider"). You acknowledge and agree: These Terms of Service are between you and EasyFM, not the Application Provider, and EasyFM (not the Application Provider) is solely responsible for the EasyFM Application. The Application Provider has no obligation to furnish any maintenance and support services with respect to the EasyFM Application. In the event of any failure of the EasyFM Application to conform to any applicable warranty, you may notify the Application Provider and the Application Provider will refund to you the purchase price (if applicable) of the EasyFM Application and, to the maximum extent permitted by applicable law, The Application Provider has no other warranty obligations with respect to the EasyFM Application. Any other claims, losses, liabilities, damages, costs or expenses resulting from any failure to conform to any warranty will be the sole responsibility of EasyFM. The Application Provider is not responsible for addressing any claims brought by you or any claims of any third party relating to the EasyFM Application or your possession and use of the EasyFM Application, including, but not limited to: (i) product liability claims; (ii) any claims a claim that the EasyFM App does not comply with any applicable legal or regulatory requirement; (iii) a claim under consumer protection or similar legislation. If any third party claims that the EasyFM Application or your possession and use of the EasyFM Application infringes that third party’s intellectual property rights, EasyFM will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim as required in these Terms of Service In the range. The Application Provider and its subsidiaries are third party beneficiaries of these Terms of Service with respect to your license of the EasyFM Application, and the Application Provider shall have the right to (and will be deemed to have accepted) the Terms of Service upon your acceptance of the Rights) to enforce these Terms of Service against you (as a third party beneficiary) in connection with your license of the EasyFM Application. You represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a terrorist supporting country; (ii) you are not listed on any U.S. government list of prohibited or restricted parties. You must also comply with any applicable third-party terms of service when using the EasyFM Application.

5. Feedback

We welcome feedback, comments and suggestions for improvements to the EasyFM Service ("Feedback"). You can submit feedback by sending an email to EasyFM radiobox@foxmail.com. You grant EasyFM a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully paid, royalty-free license, with the right to sublicense under any and all intellectual property rights you own or control, To use, copy, modify, create derivative works based on or otherwise exploit the Feedback for any purpose.

6. Paid functions

Certain features of the EasyFM Service (such as removing in-app advertisements) may require you to pay a fee to use them. If you choose to purchase these features, you expressly authorize us or our payment processor to charge the applicable fees to the payment method you provide. Except as expressly provided below, all fees are non-refundable. All fees and applicable taxes, if any, are payable in U.S. dollars. A one-time fee will be charged when you purchase any additional features we may offer. Once you purchase these features and use all or part of them, or cancel your account before using all features, you will not be entitled to a refund. Subject to Section 8 of these Terms of Service, we reserve the right to terminate or suspend your use of the paid features of the EasyFM Service at any time and for any reason without liability. If we terminate or suspend your account with or without cause, subject to Section 8 of these Terms of Service, you will not be entitled to a refund of any fees you paid us for these features, except as otherwise provided in these Terms of Service. . Terms of Sale.

7. Your obligations when using EasyFM services.

The EasyFM Service may only be used for lawful and non-commercial purposes. You agree to comply with all applicable local, state, national and foreign laws, treaties and regulations, including laws governing the privacy, security and cross-border transfers of PII (including without limitation compliance with the General Data Protection (EU 2016/679) (“GDPR”) )) apply to your business and operations and in relation to your use of EasyFM services. You are responsible for collecting any relevant verifiable consent (as defined in the GDPR) where required. PII is collected, used, maintained and shared with EasyFM and otherwise has any and all rights necessary to provide such data to EasyFM and to ensure that any such data has been properly obtained. In addition, and without limitation, you agree not to do any of the following while using or accessing the Website or EasyFM Application: Circumvent, disable or otherwise interfere with security-related features of the EasyFM Service or features that prevent or restrict the use or copying of any EasyFM Content; Upload, post, email or otherwise transmit (i) any User Submission that you do not have the right to reproduce, transmit and display (including any User Submission that would breach any confidentiality or fiduciary duty you may have under the User Submission) ; (ii) any User Submission in which you do not obtain the consent or permission of each and every identifiable person in the User Submission to use the name, voice, signature, photograph or likeness of each such person (so long as Each is implicated by such User Submissions) and such consent or permission is necessary; (iii) any infringement of intellectual property rights or violation of the privacy rights of any third party (including without limitation copyright, trademark, patent, trade secret or other intellectual property rights, moral rights or rights of publicity) in User Submissions; Use any meta tags or other hidden text or metadata utilizing the EasyFM name, trademarks, URLs or product names; Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, spam, chain letters, "pyramid schemes" or any other form of solicitation; Forge any TCP/IP packet header or any part of the header information in any posting, or in any way use the EasyFM Service to send altered, deceptive or false source-identifying information; Upload, post, email or otherwise transmit through the EasyFM Service any User Submission that is unlawful, obscene, harmful, threatening, harassing, defamatory or hateful or contains hateful objects or symbols, violates the privacy of any third party, contains nudity (including, but not limited to, any pornographic material, pornographic material, child pornography or child pornography), is deceptive, threatening, abusive, incites unlawful conduct, defamatory, defamatory, vulgar or violent or constitutes hate speech or Content that EasyFM considers objectionable; Upload, post, email or otherwise transmit any User Submission that contains code hidden or otherwise surreptitiously contained within the images, audio or video of any User Submission that is not directly or aesthetically consistent with the User Submission The nature is irrelevant; Interfere with or disrupt (or attempt to interfere with or disrupt) any web pages available on the EasyFM Service, servers or networks connected to the EasyFM Service or the technical delivery systems of EasyFM providers, or disobey any requirements, procedures, policies or regulations connected to the EasyFM Service number of networks; Attempt to probe, scan or test the vulnerability of any EasyFM system or network or defeat, impair or circumvent any security or authentication measures protecting the EasyFM Service; Attempt to decipher, decompile, disassemble or reverse engineer any software used to provide the EasyFM Service; Attempt to access, search or meta-search the EasyFM Service using any engine, software, tool, agent, device or mechanism other than the software and/or search agent provided by EasyFM or other commonly used third-party web browsers (such as Microsoft Internet Explorer) , Mozilla Firefox, Safari or Opera), including but not limited to any software that sends queries to the website to determine the ranking of the website or page. Collect or store personal data about other EasyFM users without their express permission; Impersonate or misrepresent your affiliation with any person or entity, or otherwise commit fraud through pretext or some other form of social engineering; Use the EasyFM Service in any way not permitted by this Agreement; or Encourage or direct any other individual to engage in any of the above conduct or violate any term of these Terms of Service.

8. Termination; elimination.

If you violate these Terms of Service, we may immediately terminate or suspend your access to the EasyFM Services and delete any materials (including User Submissions) from the EasyFM Services or our servers. Notwithstanding the foregoing, we reserve the right to terminate the EasyFM Service or terminate your access to the EasyFM Service at any time and for any reason. Upon termination, you understand and acknowledge that we will have no further obligation to provide the EasyFM Services. Upon termination, all licenses and other rights granted to you under these Terms of Service will immediately terminate. EasyFM will not be liable to you or any third party for any termination of the EasyFM Service or any termination of your use of the EasyFM Service. Upon termination or suspension, any information you submitted on the EasyFM Services or in connection with your account (including User Submissions) may no longer be accessible. In addition, EasyFM has 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. Any suspension, termination or cancellation will not affect your obligations to EasyFM under these Terms of Service (including, without limitation, ownership, indemnity and limitations of liability) which by their meaning and context shall survive such suspension, termination or cancellation. Still valid.

9. Modifications to EasyFM services or terms of service.

EasyFM reserves the right, at its sole discretion, to modify, discontinue or terminate the EasyFM Service, or to modify these Terms of Service, at any time without prior notice. If you do not accept any of the revised terms and conditions of the revised Terms of Service, your sole remedy is to discontinue using the EasyFM Service. By continuing to access or use the EasyFM Services after EasyFM makes any such modifications, you agree to be bound by the revised Terms of Service.

10. Disclaimer.

EasyFM disclaims any and all responsibility for the accuracy, content, completeness, legality, reliability, operability or availability of information or materials displayed on the EasyFM Service. EasyFM assumes no responsibility for the deletion, failure to store, misdelivery or untimely delivery of any information or material. EasyFM disclaims all liability for any damages resulting from the downloading or accessing of any information or material on the Internet through the EasyFM Service. The EasyFM Service is provided "as is" without any warranties. EasyFM expressly disclaims all express, implied and statutory warranties to the fullest extent permitted by law, including, without limitation, warranties of merchantability, fitness for a particular purpose and non-infringement of proprietary rights. EasyFM does not provide any guarantees regarding the security, reliability, timeliness and performance of the EasyFM Services. EasyFM provides no warranty regarding any information or advice obtained through the EasyFM Service. EasyFM does not provide any warranty regarding services or goods received through the EasyFM Service or advertised on the EasyFM Service or received through any link provided by EasyFM, nor any information or advice received through any link provided in the EasyFM Service . You understand and agree that you download or otherwise obtain material or data through the use of the EasyFM Services at your own discretion and risk, and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material. or data. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. You may also have other rights that vary from state to state and jurisdiction to jurisdiction.

11. Limitation of Liability.

In no event shall EasyFM be liable to any User for any claim arising out of or arising out of any User's use, misuse or reliance on the EasyFM Services, relating to this Agreement or the subject matter hereof. Such limitation of liability shall apply to protect against direct, indirect, incidental, consequential, special, exemplary and punitive damages, whether such claim is based on warranty, contract, tort (including negligence) or otherwise (even if EasyFM has been advise of the possibility of such damages). Such limitation of liability shall apply regardless of whether the damages arise out of the use, misuse and reliance on the EasyFM Services, the inability to use the EasyFM Services, or the interruption, suspension or termination of the EasyFM Services (including such damages caused by third parties). party). This restriction also applies to other services or goods received through the EasyFM Services or advertised on the EasyFM Services or through any links provided in the EasyFM Services, as well as to any information or advice received through the EasyFM Services or advertisements. damage caused. Emergency Department Received through the EasyFM Service or through any link provided within the EasyFM Service. This limitation shall also be without limitation the cost of procurement of substitute goods or services, lost profits, or lost data. Such restrictions shall also apply to the performance or non-performance of the EasyFM Services or any information or merchandise appearing on or in any way linked to or related to EasyFM. Such limitations shall apply notwithstanding any failure of essential purpose of any limited remedy to the maximum extent permitted by law. In no event will EasyFM's total liability arising out of or relating to these Terms of Service or the use of or inability to use the EasyFM Services or Content exceed the amount paid by you to EasyFM for the use of the EasyFM Services or Content or fifty U.S. dollars ($50), if you have no payment obligation to EasyFM (as the case may be). Some states or other jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitations and exclusions may not apply to you. Without limiting the foregoing, in no event shall EasyFM be liable for any damages due to acts of nature, external forces or causes beyond its reasonable control (including but not limited to Internet failure, computer equipment failure, telecommunications equipment failure, other equipment failure, Electrical failure, strike, labor dispute, riot, insurrection, civil unrest, labor or material shortage, fire, flood, storm, explosion, act of God, war, governmental action, domestic order or foreign court or tribunal, non-performance of obligations by a third party, or heat, Loss or fluctuation of light or air conditioning.

12. Governing Law and Forum Selection.

These Terms and any litigation related thereto will be governed by the Federal Arbitration Act, the Federal Arbitration Act and the laws of the State of California, without regard to its conflict of law provisions. Except as otherwise expressly provided in Section 13, "Consumer Dispute Resolution," the exclusive jurisdiction for all Disputes (defined below) that you and EasyFM are not required to arbitrate will be the state and federal courts located in the Northern District of California, between you and EasyFM waives any objection to the jurisdiction and venue of such courts.

13. Consumer dispute resolution.

The following provisions in Section 13 “Consumer Dispute Resolution” apply only if you are an individual using the EasyFM Services and EasyFM Content for your own personal purposes and do not represent a legal entity. Disputes are subject to mandatory arbitration. We both agree that any dispute, claim or controversy arising out of or relating to these Terms of Service or the breach, termination, enforcement, interpretation or validity thereof or the use of the EasyFM Services or EasyFM Content (collectively, "Disputes") will be resolved exclusively through RESOLVED BY BINDING INDIVIDUAL ARBITRATION, RATHER THAN THROUGH CLASS, REPRESENTATIVE, OR CONSOLIDATED ACTIONS OR PROCEEDINGS. However, if for any reason a dispute proceeds in court rather than arbitration, you and we each waive any right to a jury trial. Exceptions and Opt-Outs. As a limited exception to Section 13(a) above: (i) you may seek to resolve the dispute in small claims court, if qualified; (ii) we each reserve the right to seek injunctive or other equitable relief in court to prevent (or prohibited from) infringing or misappropriating our intellectual property rights. Additionally, you will retain the option to opt out of arbitration entirely and litigate any Dispute if you provide us with written notice that you wish to do so by email to radiobox@foxmail.com within thirty (30) days of the date of the initial submission. rights to agree to these Terms of Service.

14.DMCA/Copyright Policy.

EasyFM respects copyright laws and expects its users to do the same. It is EasyFM's policy to terminate in appropriate circumstances account holders who repeatedly infringe, or are believed to repeatedly infringe, the rights of copyright owners. Please see EasyFM’s Copyright Policy: https://www.radiobox.cc/about/copyright/ for more information.

15. Miscellaneous Provisions.

The English version of these Terms of Service is the version that governs your use of the EasyFM Service, and if there is any conflict between the English version and a translated version, the English version shall control. These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, with respect to such subject matter. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by EasyFM.

16. Contact Information.

If you have any questions about these Terms of Service or the EasyFM Services, please contact EasyFM at radiobox@foxmail.com.