Terms and Conditions of the use of Replaio Services
Date of entry into force: 10 October 2018
These Terms and Conditions set out the rules for Replaio Services provided by Replaio LLC based in Krosno, ul. Tysiąclecia 14a, NIP number 6842650730, REGON number 381340090 entered into the National Court Register – Entrepreneurs Register by the District Court in Rzeszów, XII Commercial Division of the National Court Register, under KRS number 0000749616.
Relationship between the User and Replaio LLC.
- The use of Replaio Services is subject to the terms of the agreement between the User and Replaio. "Replaio" refers to the company Replaio LLC.
- The Terms and Conditions constitute a legally binding agreement between the User and Replaio regarding the use of Replaio Services. The User should carefully read and get acquainted with them.
- The Terms and Conditions apply to all Users of Replaio Services, including Users who post radio stations URLs in Replaio.
- This agreement is concluded for an indefinite period.
Acceptance of Terms and Conditions
- The User needs to accept these Terms and Conditions in order to use Replaio Services.
- Failure to accept this Terms and Conditions results in the User not being able to use Replaio Services.
- The User acknowledges that the moment they begin to use Replaio Services should be treated as the acceptance of the Terms and Conditions.
- The User may not use Replaio Services if they are of an age that prevents them from concluding a legally binding agreement with Replaio.
Subject of the service
- The provision of Replaio Services consists of providing the User with a search engine and a directory of Internet radio stations with URL addresses for audio streams made available to the public by radio broadcasters.
- Playback of radio programs is done through a built-in player or an internal Internet browser, which entails a direct access to the radio station's website.
- Replaio allows its Users to connect directly with broadcasters. Playback of the audio stream and radio stations is done through connecting the User’s device directly to the radio station's streaming server.
- Replaio is not a broadcaster and does not participate in audio transmission. It does not retransmit and does not interfere with the content distributed by broadcasters.
- Replaio does not guarantee all radio stations to be present in the directory, and in particular, it does not guarantee the possibility of listening to all radio programs.
- Replaio shares only the links to public and unsecured audio streams.
- Replaio plays only publicly available audio streams. It does not violate any security measures that may be used by broadcasters to prevent playback on external players.
- The URLs of the audio streams available in Replaio come, among others, from publicly available radio stations’ websites.
- The URLs of the audio streams are acquired, among others, with the use of automatic mechanisms, called bots, that analyze content only from the publicly available broadcasters’ websites.
- Every broadcaster may block access to their content for Replaio mechanisms by making appropriate configuration entries on their websites. Such configuration entries will be unambiguously interpreted as the lack of permission to share addresses to audio streams with Replaio.
- Every User of Replaio can add the URL of the audio stream of the radio station to the directory. Please note that Replaio cannot verify if the stream owners agree to their use in external players.
- Replaio respects the right of radio broadcasters to request the removal of the URL to the station's audio stream from Replaio’s directory. The removal of the station takes place on explicit request submitted via email: firstname.lastname@example.org.
Technical requirements and the quality of the Service
- One can only use Replaio Services on end devices with the parameters and properties defined on our website: www.repla.io and Google Play.
- Replaio does not provide the end devices referred to in Paragraph 1. It does not provide access to the Internet and is not responsible for its lack or incorrect operation.
- The quality of the Service may depend on the parameters of the Users' Internet connection or end devices and cannot be, in any way, controlled by Replaio.
Conditions for providing and using Replaio Services
- Access to Replaio Services is possible via the mobile application for Android and iOS as well as via a modern Internet browser.
- Replaio guarantees an access to Replaio Services for mobile applications legally downloaded from Google Play.
- The use of Replaio Services is free.
- The Premium version, which results in turning off visual advertisements in the mobile application, requires making a payment. The payment is made only once and gives unlimited access to the Premium version. The payment support is provided only by Google Play.
- The fee for the Premium version does not include an RTV subscription and does not affect audio advertisements broadcasted by radio stations.
- While using Replaio Services, the Internet access charges or data transmission charges collected by third parties: the Internet or mobile operators, may apply. The payment of these fees is the liability of the User.
- The User may need to create an account in order to use some of the functions of Replaio.
- Creating an account or using certain functions of Replaio requires the User to provide us with personal data, including the email address.
- The User is not allowed to use Replaio Services:
- In a manner that is inconsistent with their purpose and character, preventing or disrupting the use of services by other Users.
- In a manner that violates the integrity of Replaio's IT systems.
- In a manner that leads to committing an act which is prohibited by the applicable law.
- In order to provide or share unlawful content.
- In order to share or make available to the public the works protected by copyright or related rights without having a relevant license, in particular to share such works with people who are not in a personal union within the meaning of art. 23 par. 2 of the Act on Copyright and Related Rights (Journal of Laws of 1994 No. 24, item 83, as amended).
- In a manner that would use Replaio's IT systems to commit a prohibited act.
Contents and links in Replaio
- Replaio does not store or share any audio content. It only provides direct URLs to audio streams from radio broadcasters.
- Replaio has no control over and is in no way responsible for the audio content transmitted by radio stations to which the addresses of the streams are shared via Replaio.
- Replaio Services may contain hyperlinks to other sites which do not belong to Replaio or are not controlled by Replaio. Replaio has no control over the content, privacy policies or practices applied on third party websites. Replaio cannot be held responsible for them.
- The User acknowledges and accepts that Replaio is not responsible for the availability of external sites or resources as well as any advertisements, products or other contents shared through such sites or in such resources.
- The User acknowledges and accepts that Replaio is not liable for losses or damages that the User may incur in connection with the availability of external sites or resources or in connection with the User's reliance on the completeness and accuracy of information or the existence of any advertising, products or other contents on such sites or resources.
- The User adding a URL address to the audio stream of a radio station to the Replaio’s directory, states and warrants that this address is publicly available, has been obtained in a legal manner and that the broadcaster consents for it to be used by external players.
- Replaio can display advertisements of goods and services of entities which are not related to the brand.
- Replaio does not represent these entities in any manner.
- The User acknowledges that Replaio is not liable for any loss or damage arising from a relationship between the User and a third party which could possibly occur while using Replaio.
- Replaio has no influence on the advertisements displayed by radio broadcasters. It does not limit them in any manner. Their occurrence is not affected by submitting the fees for the Premium version of Replaio.
Change of Terms and Conditions
- Replaio reserves the right to amend or modify these Terms and Conditions to the extent permitted by the applicable law.
- Replaio will notify its Users about introducing significant changes to the Terms and Conditions in a clear and appropriate manner, for example by announcing the information on the website http://repla.io and in Replaio application or by sending an email.
- Any changes to the Terms and Conditions become effective at the time of their publication. After the information about changes to the Terms and Conditions is announced, the User is obliged to immediately get acquainted with these changes. Using Replaio Services after the notification of changes equals to the acceptance of the new content of the Terms and Conditions by the User.
Licenses for the use of Replaio application and third-party applications
- Replaio applications are made available to the User under license and they are not sold. Replaio remains the owner of all of the copies of Replaio application even after they are installed on the User devices.
- The User cannot sub-license or make the Replaio software available to any third parties as well as distribute or share any elements of the software or a copy thereof.
- The third-party software (for example open source software library) used in Replaio is licensed under the terms of the software library or license terms set out in the Settings – Licenses section of Replaio applications.
- Certain functions of Replaio use integration with third-party services. These services may be subject to their own terms and conditions or privacy policies, so the use of these third-party services will be subject to these terms and conditions and privacy policies. The User acknowledges and accepts that Replaio does not support the function of Third-Party Services or transactions that the User may conclude with the provider of any Third-Party Service and takes no responsibility for them.
Suspension or limitation of the Service
- Replaio may temporarily suspend the provision of the Service for technical reasons, in particular in the case of the maintenance or modernization of the Operator's Equipment as well as in the event of a breakdown or prevention thereof.
Limitation of liability
- Replaio shall not be liable to the User for:
- indirect or consequential losses that the User may incur – the loss of profit (both directly and indirectly), the loss of reputation as well as the loss of data,
- any losses and damages incurred by the User as a result of:
- the User's reliance on the completeness and accuracy of information,
- the existence of any advertisement or as a result of entering into any relationship or agreement with an advertiser whose advertisements are displayed through Replaio Services,
- changes that may be made to Replaio Services, temporary or permanent cessation of the provision of Services or resignation from certain Replaio Services,
- deletion, damaging or non-preservation of the content and data processed as part of the use of Replaio Services,
- not complying with the security and confidentiality rules of the password or Replaio account data by the User.
- The User of Replaio has the right to file a complaint regarding matters related to the functioning of Replaio Services.
- Complaints should be submitted electronically to the following address: email@example.com
- Replaio will investigate the complaint within 14 days following its receipt.
- A response to the complaint will be sent to the User to the address provided by the User in the complaint.
- Replaio reserves the right to extend the period specified in the paragraph 3 – by no more than 10 additional days – in the event that the investigation of the complaint requires special and unusual actions and arrangements or that Replaio encounters obstacles independent thereof. Replaio also stipulates that the consideration of the complaint may require obtaining additional explanations from the User – the time used for providing explanations by the User prolongs each time the period of the consideration of the complaint.
- The User who is a consumer has the right to benefit from the out-of-court settlement of disputes before the Amicable Consumer Court. The information about the procedure and the list of entities authorized to resolve consumer disputes can be found at uokik.gov.pl
- All information about violations should be directed to us at: firstname.lastname@example.org
Termination of the agreement with Replaio
- The Terms and Conditions of this agreement shall remain in force until terminated by the User or by Replaio in the manner set out below.
- If the User wants to terminate the agreement with Replaio, they can do this:
- At any time, by notifying Replaio in writing of the termination of the agreement and
- Through ceasing to use Replaio or closing the Replaio account.
- Replaio may terminate the agreement with the User with immediate effect if:
- The User breaches any provisions of the Terms and Conditions.
- Subject to the applicable law, Replaio will be required to terminate the agreement.
- Replaio may terminate the agreement with the User if:
- Replaio will be no longer providing the Service in the country of the User’s residence.
- From the Replaio's standpoint, the provision of Services ceases to be commercially viable.
Personal data protection
- Replaio undertakes that during the processing of personal data in connection with the provision of Replaio Services and after its completion, it will comply with applicable and valid provisions regarding the protection of personal data
- Replaio undertakes to exercise due diligence in securing data sets within the scope justified by technical or economic considerations.
- In the case of matters not covered by these Terms and Conditions, the applicable provisions of the Polish law shall apply.
- In the case of a dispute arising from the Terms and Conditions and the use of Replaio Services and after the complaint procedure has been exhausted, the dispute may be resolved through a mediation procedure or by a competent common court.