Radiomize End-User License Agreement

Radiomize Privacy Policy

Recently updated: 13-FEB-2019

Under this Privacy Policy (the “Privacy Policy”), Radiomize explains how Radiomize collects, stores, uses and discloses User’s information when the User interacts Radiomize’s services. This Privacy Policy is an integral part of Radiomize’s Terms of Service (currently located at www.radiomize.com/eula, the “Terms”) and both Privacy Policy and the Terms shall be binding upon any User by using or making any attempt to use or interacts with the System or the Service. If User does not accept the Privacy Policy, User must neither use nor attempt to use the Services or the System, Capitalized terms used but not defined herein, shall have the meaning assigned to them in the Terms.   

 The term “Personally Identifiable Information” when used in this Privacy Policy refers to information Radiomize collects or provided by the User that identifies the User personally, such as name, date of birth, cell phone number, mailing and email address, company name, and in, some circumstances, User’s location.  

If the User believes that its privacy has been compromised by any person, in the course of using the Services, then it may contact Radiomize at: info@radiomize.com.

The App and Services may incorporate and provide Other Services, which may not be governed by this Privacy Policy. Furthermore, this Privacy Policy may not be applied to the practices of entities, which are not controlled, owned, employed, or managed by Radiomize, including Third Parties Services or Other Services, as well as any third parties to whom Radimize may disclose Personally Identifiable Information pursuant to the terms and conditions of this Privacy Policy. Each User should make sure it reviews and accepts the terms of Section 1.4 of Radiomize Terms of Service (Third Party Services) that set out further terms on this matter.

1.       Collection of Data. Radiomize receive and/or collect the following types of data and information about Users:

1.1.    Radiomize regularly receives and collects non-Personally Identifying Information from Users. This sort of information may include, among other things, general, anonymous information about the Users, their use patterns of the Services or their devices, information about the device used by the Users (e.g., device type, operating system, browser type, language preference referring site) Analytic Data. Such information will not directly identify a User personally.

1.2.    Radiomize receives and collects non Personally Identifying Information concerning the use the Services, such as how, what and when a User views or interacts with content and materials made available by the Services. Radiomize receives and collects information (including Personally Identifying Information) from third parties. for example, when registering for an account information that is available on User's Facebook and/or Twitter account or in other platform may be used (“External Information”). User may elect to not to provide Radiomize with access to External Information, however, by doing so, the User may prevent Radiomize from providing some or all of the Services.

1.3.    Radiomize may collect Personally Identifiable Information mainly if voluntarily provided by Users via the Services. For example, Personally Identifiable Information provided during registration for an account. Radiomize receives and collects information that a User chose to share with Radiomize, including Profile Information, search queries and preferences.

1.4.    Radiomize may also collect a User's Internet protocol (IP) address. This information identifies the device that is being used and the general details about the location of the User that interact with the Services. Radiomize also use cookies and local storage (small text files stored in a user’s browser) and other similar technologies to information. The User should be aware that if it chooses to block such cookies, then such action may prevent Radiomize from providing some or all of the Services. For more information about how cookies are used, please refer to Radiomize's Cookie Policy.

1.5.    Radiomize may also collect User’s device real time location, among others, in the form of GPS signals and other information sent by User’s mobile device on which the App is installed, or by identifying the wireless networks available for User’s device at certain times, in order to provide the User with content associated with its location. The User may program its device to block Radiomize’s access to User’s location data but be aware that such blocking may prevent Radiomize from providing the User some or all of the Services.]

1.6.    Children’s Privacy. Radiomize does not knowingly collects or solicits Personally Identifiable Information from anyone under the age of 13 or knowingly allow such persons to register to the App or Services. If User is between the ages of 13 and 17, User is requested to use the Services with adult supervision only. If User is under 13, User is requested not to send any Personal Identifiable Information to Radiomize. If Radiomize learns that Radiomize has collected Personal Identifiable Information from a User under age 13, Radiomize will remove that information as quickly as possible. If User believes that Radiomize might have any Personal Identifiable Information from or about a User under 13, such User is requested to contact Radiomize at info@radiomize.com.

2.       Use of Data

2.1.    Radiomize have developed a technology that uses the information and data it collects in order to identify the content Radiomize believe may interest the User. Radiomize and/or Third-Party Service Providers may display ads on User’s device (even outside the context of the App) which based on Radiomize’s or Third-Party Service Providers’ analysis; User are likely to have an affinity towards their products.

2.2.    Furthermore, Radiomize may use and analyze the information regarding Users and use of the Services, for example traffic patterns, Users' demographics and behavior, User’s search queries, preferences and interests, as learned from User’s interaction with the Services or from information collected by Radiomize, for purposes such as measuring and understanding the level of engagement the Services, as well as the effectiveness of a certain ad and other content, for general business analytics and in order to provide for a more personalized experience.

2.3.    Radiomize may also use the information and data it collects for maintenance, operation, archives, and enhancement the Services, and for other administrative purposes or internal operations, such as communicating with the Users, data analysis, testing and research

2.4.  Radiomize  may use, exploit, transfer, lease, sell or otherwise commercialize Analytic Data for any purpose without notice or obligation to User, provided that Analytic Data does not indicate the identity of User. User shall not have a right to consideration or any other right arising from the creation or exploitation of Analytic Data.

2.5.    Personally Identifiable Information is used for the provision of the Services to Users, to communicate with Users regarding customer service issues, account administration, billing information, or to provide updates with respect to material changes or additions this Privacy Policy, Radiomize’s Terms of User or other policies. Radiomize may use Personally Identifiable Information to respond to questions or comments, help Radiomize to improve its products and services and to help resolve any problems.

3.       Sharing of Information with others

3.1.1.            Radiomize may share non-Personal Identifiable Information, aggregate information regarding the Services usage with its affiliates, partners and advertisers. From time to time, Radiomize may release non- Personal Identifiable Information in the aggregate, e.g., by publishing a report on trends in the Services usage. Moreover, Radiomize may share Users' information with its partners and service providers to facilitate the delivery of the Services or the App and as necessary to allow Users to enjoy the Services.

3.1.2.            Personally Identified Information may be shared under limited circumstances, such as:

3.1.2.1.       With trusted third parties that assist Radiomize in operating the App and Services, conducting its business, expanding Radiomize’s business or servicing Users, and for personalizing User’s experience of the Services, including by way of target advertising.

3.1.2.2.       To comply with a legal requirement, for the administration of justice, to protect User’s vital interests, to protect the security or integrity of Radiomize’s databases or the App, to take precautions against legal liability, or in the event of a corporate sale, merger, reorganization, dissolution or similar event.

3.1.3.            Unless otherwise described in this Privacy Policy, Radiomize does not share, sell, rent, or trade any Personally Identifiable Information of Users with third parties for their promotional commercial purposes.

3.1.4.            Where appropriate, before disclosing Personally Identifiable Information to a third party, Radiomize contractually require the third party to take adequate precautions to protect that data.

4.       Access to Information

Radiomize takes what it consider to be customary security measures to protect Users' information against unauthorized access or unauthorized alteration, disclosure or destruction of data. User should note that these security measures cannot fully eliminate security risks associated with User’s disclosure of personal information, and Radiomize is not responsible for any unauthorized access to information included or shares through the App or Services.

5.       International Transfer of Information

5.1.1.            Radiomize may currently maintain facilities and databases located in the United States and United Kingdom. Personally Identifiable Information shall register, registered in Israel in accordance with the provisions of the Israeli Privacy Law, 1981. Radiomize may, from time to time, transfer information, including Personally Identifiable Information, to one of Radiomize’s databases in another country.

5.1.2.            Radiomize may transfer Usesr's information outside the country in which it is collected or currently stored (e.g., to Israel or Ireland), including to a country that may not offer the same level of protection for such information. Radiomize will strive to have adequate contractual safeguards to ensure information is processed in a way that offers an adequate level of protection.

5.1.3.            Of course, the Internet is made up of a large number of international connections. If the User is using the System or Services from a country other than the country in which Radiomize’s server is located, the various communications will necessarily result in the transfer of information across international boundaries. Radiomize may also use hosting services located in other countries at Radiomize’s sole discretion, which will necessitate transfers of data by making any attempt to use any part of the System or the Services.

5.1.4.            Radiomize follows generally accepted standards to protect the Personally Identifiable Information submitted to Radiomize, both during transmission and once Radiomize receives it. However, no method of transmission over the Internet, or method of electronic storage, is completely secure. Radiomize cannot guarantee its absolute security. If User has any questions about security with respect to the Company's Software, and Users are welcomed to contact Radiomize according to the provision of Section 6. Notwithstanding the foregoing, Radiomize does not accept any liability for any unintentional disclosure or a disclosure that occurs due to a security breach of the Radiomize's systems or facilities.

6.       Contact Radiomize

If User has any questions about this Privacy Policy, User is requested to contact Radiomize at 

info@radiomize.com, contact person: Shmulik Kaz.

 

 

Radiomize Terms of Service

Recently updated: 13-FEB-2019

These Terms of Service (the “Terms”) govern User’s relationship with Radiomize Ltd. with its registered office at Meitav 6 St., Tel Aviv, Israel (“Radiomize”) and set forth the terms and conditions under which Radiomize makes available its mobile application (the “App”) and related services and software (the “Services”), to each person or entity (the "User") accessing or using the App and/or interacting with the Services.  

Please note that the App is part of Radiomize ergonomic system (the “System”) that mainly also compromises the Radiomize touch-enabled steering wheel cover (the “Device”), to be installed, by few simple gestures as explained in the Radiomize Quick Guide (as indicated below), onto User’s steering wheel, allowing them to enjoy the App and Services while they still have hands-on control of the steering wheel.

By attempting to or by using or downloading the App or interacting with the Services, a User signifies its assent to the following (which all of the following are integral parts of these Terms):

a.            These terms set forth herein;

b.           Radiomize Privacy Policy (currently located at www.radiomize.com/eula) (“Privacy Policy”) that explains how Radiomize collects, stores, uses and discloses User’s information when the User interacts with the Services;

c.            Radiomize’s Quick Guide (currently located at www.radiomize.com/guide and attached to the Radiomize touch-enabled steering wheel cover) that describes the System functions and equipment and Radiomize user manual (currently located at www.radiomize.com/manual;  

d.           Radiomize touch-enabled steering wheel cover’s warranty and support (currently located at http://www.radiomize.com/warranty and attached to the Radiomize touch-enabled steering wheel cover) which elaborates the terms of the warranty and support provided by Radiomize in connection with the System.

Please read these Terms carefully and visit this page regularly for updates and changes. If a User does not agree be bound by these Terms, such User should remove the App from User’s device and discontinue use of the Services. 

7.                Radiomize Services

7.1.        The System was designed by Radiomize as an ergonomic platform that enables drivers to enjoy smart, fun, and safe connected car driving experience, by a way of making some functions of their smart smartphone and some Third Parties’ Services (as defined below) available thereby, while keeping their hands on the wheel.

7.2.        Radiomize System is mainly compromised of:

7.2.1.       The App through which a User can control some functions of its smart smartphone and enjoy some Third Party Services, including news, songs and navigation services, which are available through the App, based on User’s own preferences as learned by the App. Note that while Radiomize strive to provide each User with the most suitable content, Radiomize cannot guarantee that in each case Radiomize will be able to provide the User with the most suitable content.

7.2.2.       The Radiomize Device that was designed to be installed (and User undertakes to install) onto User’s car steering wheel by few simple gestures as explained in the Radiomize Quick Guide. The Device includes a smart touch gesture control button (the “Control Button”) and software (the “Device Software”) that enables what Radiomize believes is an intuitive and one-handed control over the App and its functions without taking User’s hands off the wheel.

7.3.        Changing the Services or the App. Radiomize reserves the right, at any time and from time to time, without being obligated to provide prior notice, to modify, suspend, or discontinue, temporarily or permanently, the Services or any part thereof, or User's access thereto, and to modify, suspend or terminate the App or any part thereof, all at Radiomize sole discretion. Users will have no claim, complaint or demand against Radiomize or against any related parties or affiliates of Radiomize, for applying such changes or for failures incidental to such changes.

7.4.        Third Party Services.

7.4.1.       The App and Services may incorporate content and services (“Third Parties Services”) provided by third parties (“Third Parties Services Providers”). For example, in order to provide Users with playlists and music, the App connects to SoundCloud® and/or to YouTube and provides content therefrom. If Waze, Google Maps and/or Apple Maps apps are properly installed on User’s device and activated thereby, then, subject to the compatibility of such apps with the App, some functions of such apps may be accessible through the Services. It is clarified that Radiomize is not a partner of or having agency relationships with any of the entities mentioned under this Section. It is clarified that Third Party Services cannot be available if the User's device in not compatible or equipped with the software required by such Third Parties Services Providers (e.g. if Waze cannot be activated on the user's device for any reason, it will not be available through the System).  

7.4.2.       The access and use of such Third Party Services is governed by the terms and conditions of such Third Party Services (“Third Parties Policies”). These Terms does not grant you any right or license to incorporate or make use of any Third Party Services including content available thereby or there through and such actions are subject to the applicable terms and conditions of such Third Party Policies.

7.4.3.       Third party advertisements may also appear on the App from time to time and the advertisements are not intended to be, nor should they be, viewed by drivers unless and until their vehicle has come to a complete stop.

7.4.4.       Mention of third parties and third-party products, technologies or services through the Services or in any materials, documentation, ads or promotion provided to User for informational purposes only and Radiomize does not endorse any Third Party Services or advertisements (including those provided in connection with Third Party Services) (collectively “Other Services”), nor should such Third Party Services or Other Services be deemed as any recommendation provided by Radiomize.

7.4.5.       Radiomize makes no representations or warranties, does not control and assumes no responsibility or liability in connection with the Other Services, including, their content, their availability, or the manner in which the Third Parties Services Providers handle data, User’s ability to access or use of any such Other Services’ or Third Parties Services Providers’ privacy practices, data security processes or other policies of such, or any other interaction between the User and any Third Party Service Provider (including via the Services). All understandings, agreements or warranties, in connection with the Other Services (if any), are made directly by and between the User and the applicable Third-Party Service Provider. Any User hereby irrevocably waives any claim against Radiomize with respect to such Other Services. By enabling or interacting with any Other Services, the User is expressly permitting Radiomize to disclose and collect any data pertaining to the User from Third Party Service Provides and/or Other Services (for more information in this respect please review Radiomize Privacy Policy).

7.5.         Internet Connection & Device Battery Consumption. The User acknowledges and understands that the App and/or Services require internet connection that may have different associated charges (such as mobile data expenses) and necessitate consumption of the mobile device battery. The expenses of such connection are as prescribed by the agreement between the User and User’s communication service provider (such as User’s cellular company), and according to its applicable terms of payment. The User shall have no claim or demand towards Radiomize with regard to the foregoing.

7.6.         Cautious driving. THE USER UNDERTAKES ALWAYS TO DRIVE VIGILANTLY ACCORDING TO ROAD CONDITIONS AND IN ACCORDANCE WITH APPLICABLE LAWS AND REGULATIONS. THE APP OR SERVICES MAY NOT BE USED IN ANY WAY THAT MAY INTERFERE WITH THE DUE COURSE OF DRIVING OR DISTRACT THE DRIVER. THE RADIOMIZE DEVICE MUST BE INSTALLED ONTO THE USER’S STEERING WHEEL AND ANY OTHER USE OF THE APP OR SERVICES WHILE OPERATING A CAR MAY BE DANGEROUS AND IS STRICTLY FORBIDDEN. WHILE OPERATING A CAR THE USER MUST NOT USE THE APP OR SERVICES IN A NON-VERBAL MANNER FOR ANY PURPOSE OTHER THAN USING THE CONTROL BUTTON, WITHOUT TAKING HANDS OF THE WHEEL, IN ORDER TO ACTIVATE THE VERBAL FUNCTIONS OF THE APP. IF SUCH USE DISTRACTS THE USER, USER SHOULD REFRAIN FROM MAKING ANY USE OF THE SYSTEM UNTIL THE CAR COMES TO A COMPLETE STOP. VIEWING OR CLICKING ON ANY ADS OR OTHER CONTENT PROVIDED THROUGH THE APP ARE STRICTLY FORBIDDEN UNTIL THE USER HAS STOPPED THE VEHICLE (ALTERNATIVELY THOSE MAY BE USED BY A PASSENGER OTHER THAN THE DRIVER PROVIDED IT DOES NOT INTERFERE WITH THE DUE COURSE OF DRIVING AND DOES NOT DISTRACT THE DRIVER'S ATTENTION TO THE ROAD (. THE USER IS ALONE RESPONSIBLE FOR DRIVING RESPONSIBLY, AND ACKNOWLEDGES AND AGREES THAT RADIOMIZE OR ANY OTHER THIRD PARTY (INCLUDING THIRD PARTIES SERVICES PROVIDERS AND ADVERTISERS) WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY OTHER DAMAGE, AND LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT, CONTRACTUAL, OR IN ANY OTHER FORM OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE USAGE OF THE APP OR SERVICES (INCLUDING OTHER SERVICES) OR THE DISPLAY OF ANY CONTENT  ON THE APP (INCLUDING ADS) OR SERVICES OR VIEWING OR INTERACTING WITH SUCH CONTENT.

8.       Registration and information

8.1.  Use of the App require the User to register and create a user account. Currently, only Users who purchased the Device are permitted to register and make use of the Services and the App (Note that although the App may be downloaded by any User, only those Users who purchased the Device may be able to successfully activated the App). Upon registering for an account, the User may set up a new account, by choosing a username and password, or may use its Facebook or Twitter account. Furthermore, during the registration process, the User may be required to provide certain details which will be a part of its user profile, such as the User’s email address, first and last name, phone number, professions, interests, preferred music or news genre (collectively, “Profile Information”). User hereby provides Radiomize with its unconditional consent to use information made available by such User, including Profile Information and any information available on other platforms such Facebook or Twitter that is viewable by the general public (“External Information”), for purposes as stipulated under the Privacy Policy. The submission of the Profile Information or provision of access to External Information is voluntarily. While the User may elect not to provide Radiomize with the Profile Information or with access to External Infromation, User acknowledges that, by doing so, some or all of the Services may not be available. The Profile Information and any other information the User provides to Radiomize via the App or otherwise must be correct, current, accurate and complete. The User is entirely responsible for maintaining the confidentiality of its password. The User agrees not to use the account, username, or password of another User at any time, or to disclose its password to any other user or other third party. The User is responsible for all activities that occur through User account. The User agrees to notify Radiomize immediately if the User suspects any unauthorized use of its password or account. User agree not to provide Radiomize, upon registration or otherwise, with any information that is confidential or sensitive to user or any third party.

8.2.         Radiomize shall be free to use Profile Information in any manner it deems appropriate subject to the terms of the Privacy Policy. Radiomize reserves the right to purge Profile Information from its databases at any time and from time to time without notice. The User acknowledges and agrees that the User is solely responsible for backing up any Profile Information uploaded to or received from the App or through the Services. Radiomize shall not be liable for any purging, deletion or failure to retain any such Profile Information.

8.3.         User acknowledges and agrees that Radiomize shall have the unrestricted right to generate averaged data, aggregated data, benchmarks, preferences, comparisons or recommendations using information collected by Radiomize from Users (as described in the Privacy Policy) (“Statistic Information”), and to generate other calculations, derivatives, using, containing or referencing Statistic Information, and aggregate Statistic Information with or without data relating to third parties (all of the foregoing and the product of such activities referred to collectively herein as “Analytic Data”).

9.       Limited License, Intellectual Property Rights and Confidentiality

9.1.         Radiomize hereby grants User during the term of these Terms, a limited, fully revocable, personal (non-commercial), non-transferable, non-exclusive and non-sub-licensable license to: (i) install the App; and (ii) use the App and the System (including the Device, subject to dully purchase of the Device by the User), only for the purpose of using the Services in accordance with these Terms.

9.2.         As between User and Radiomize any content, information, logos, trademarks, graphics, designs, text, images, data, and material displayed, made available or presented in connection with the System and/or Services, or any part thereof (collectively, the “Radiomize Materials”) shall be deemed as Radiomize's sole property and may be the copyrighted and/or trademarked and/or otherwise protected work of Radiomize and/or Radiomize's licensors.

9.3.         As between User and Radiomize, Radiomize retains all rights (including any and all intellectual property rights), title and interest in and to the App, the Device, the System (including the Devise Software), Services, Analytic Data, the Radiomize Materials and any part thereof (including any information, software, hardware and other technology and know-how connected thereto) (collectively, “Radiomize Properties”).  The terms herein will survive any expiration or termination of these Terms or the Services.

9.4.         User acknowledges and agrees that Radiomize shall have the unrestricted right to generate averaged data, aggregated data, benchmarks, preferences, comparisons or recommendations using information collected by Radiomize from Users (as described in the Privacy Policy) (“User Information”), and to generate other calculations, derivatives, using, containing or referencing User Information, and aggregate User Information with or without data relating to third parties (all of the foregoing and the product of such activities referred to collectively herein as “Analytic Data”). As between the parties, any right, title and interest in Analytic Data shall be held solely by Radiomize. Radiomize shall have the unrestricted right to use, exploit, transfer, lease, sell or otherwise commercialize Analytic Data for any purpose without notice or obligation to User, provided that Analytic Data does not indicate the identity of User. User shall not have a right to consideration or any other right arising from the creation or exploitation of Analytic Data. For the purposes of these Terms, Analytic Data shall be considered as part of the Radiomize Properties or Confidential Information. As between the parties, any right, title and interest in Analytic Data shall be held solely by Radiomize. Radiomize shall have the unrestricted right to use, exploit, transfer, lease, sell or otherwise commercialize Analytic Data for any purpose without notice or obligation to User, provided that Analytic Data does not indicate the identity of User. User shall not have a right to consideration or any other right arising from the creation or exploitation of Analytic Data.

9.5.         The Radiomize Properties and any information pertaining thereto are the Radiomize’s confidential and proprietary information (“Confidential Information”). The User hereby undertakes (i) not to, in whole or in part, disclose such Confidential Information to any person or organization under any circumstances; and (ii) not to make use of any such Confidential Information except for using the Services as permitted according to these Terms;

9.6.         Nothing in these Terms (including any Radiomize’s use of the Profile Information or any other information a User may provide) will impair Radiomize’s right to develop, acquire, license, market, promote or distribute products, software, application or technologies that are based upon, derived from, developed in connection to any reference to User’s information, suggestions or recommendations (including any information collected by Radiomize pursuant to Radiomize’s Privacy Policy) that was accessible to Radiomize.

10.   Restricted Uses

The User may not, whether itself or trough any other means or person: (i) copy, modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of Radiomize Properties or any content available thereunder including Radiomize Materials (collectively, the “Content”), or in any way or publicly display, perform, or distribute the Content; (ii) download, save, print or otherwise store any Content or make use of such Content available on any other website or networked computer environment for any purpose, without Radiomize’s prior written consent; (iii) create a browser or border environment around the Content (e.g. no frames or inline linking); (iv) interfere with or violate any third party or other user's right (including privacy and intellectual property rights), harvest or collect information about visitors or users of the Service and/or Radiomize Properties without their express consent, including using any robot, spider, site search or retrieval application, or other manual or automatic device or process to retrieve, index, or data-mine; (v) defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others, including others’ copyrights, and other intellectual property rights; (vi) transmit or otherwise make available in connection with the Services and/or Radiomize Properties  any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; (vii) interfere with or disrupt the operation of the Radiomize Properties or the Content, or the servers or networks that host the Radiomize Properties or make the Radiomize Properties or the Content available, or disobey any requirements, procedures, policies, or regulations of such servers or networks; (viii) sell, license, or exploit for any commercial purposes any use of or access to the Content and/or the Radiomize Properties; (ix) frame or mirror any part of the Service and/or  the App without ’s prior express written authorization; (x) forward any data generated from the Radiomize Properties without the prior written consent of Radiomize; (xi) transfer or assign User accounts' password, even temporarily, to a third party; (xii) use the Radiomize Properties for any illegal, immoral or unauthorized purpose; (xiii) use the Radiomize Properties (including the Content) for non-personal or commercial purposes without Radiomize’s express prior written consent; (xiv) Attempt to circumvent or overcome any technological protection measures intended to restrict access to any portion of the Radiomize Properties technology or any software thereto; (xv) infringe or violate any of these Terms; (xvi) breach any term within the then applicable Third Parties Policies, including the then applicable policies governed the use of SoundCloud®, YouTube, Waze, Google Maps or Apple Maps, to the extant the User interacts with any services of such through the App and (xvi) allow any third party to infringe any of the foregoing.

11.   Apple

If the User uses the Services on an Apple device, then User agrees and acknowledges that:

11.1.      Apple, Inc. bears no duties or obligations to the User under these Terms, including, but not limited to, any obligation to furnish the User with Services maintenance and support;

11.2.      User will have no claims, and waives any and all rights and causes of action against Apple with respect to the Services or these Terms, including, but not limited to claims related to maintenance and support, intellectual property infringement, liability, consumer protection, or regulatory or legal conformance;

11.3.      Apple and Apple’s subsidiaries are third party beneficiaries of these Terms. Upon User’s acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against such User as a third party beneficiary thereof.

12.   Limitations of Liability and Warranty Disclaimer

12.1.      THE USER ACKNOWLEDGES AND AGREES THAT THE APP, THE SYSTEM (INCLUDING THE DEVICE SOFTWARE AND THE DEVICE (WITH RESPECT TO THE DEVICE, TO THE EXTANT THAT THE RADIOMIZE USER MANUAL DOES NOT STATE OTHERWISE)), THE SERVICES AND THE CONTENT (INCLUDING SERVICES AND CONTENT MADE AVAILABLE THERE THROUGH OR BY THIRD PARTY SERVICES PROVIDERS) ARE PROVIDED "AS IS", "AS AVAILABLE", AND "WITH ALL FAULTS", ARE USED ONLY AT USER’S OWN RISK, TO THE FULLEST EXTENT PERMISSIBLE BY LAW.

12.2.      TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, RADIOMIZE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, REGARDING THE RADIOMIZE PROPERTIES (INCLUDING ANY CONTENT, INFORMATION, SOFTWARE, LINKS, ADVERTISEMENT, DEEP LINKING), INCLUDING ANY IMPLIED WARRANTIES AS TO FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, NON-INFRINGEMENT, RESULTS, ACCURACY, COMPLETENESS, ACCESSIBILITY, COMPATIBILITY, SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, QUALITY, OR LACK OF VIRUSES. A User further assumes full, exclusive and sole responsibility for the use of and reliance on the Services (including for driving responsibility while using such) and on any responses or information provided to the User through the App, and acknowledges that any use of or reliance on the Services or such responses or information is made entirely at the User's own risk.

12.3.      RADIOMIZE  AND ITS AFFILIATES (INCLUDING THIRD PARTIES ADVERTISERS OR SERVICES PROVIDERS) OR THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, SERVANTS OR AGENTS ("RADIOMIZE PARTIES") SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE (EVEN IF SUCH DAMAGE COULD HAVE BEEN REASONABLY FORESEEN) ARISING FROM RADIOMIZE PROPERTIES INCLUDING THE APP, THE SYSTEM AND SERVICES AND/OR IN CONNECTION TO ANY OTHER INFORMATION OR DATA PROVIDED THERE THROUGH (INCLUDING CONTENT AND SERVICES PROVIDED BY THIRD PARTIES SERVICES PROVIDERS OR OTHER USERS (TO THE EXTENT APPLICABLE)).

12.4.      RADIOMIZE'S TOTAL AGGREGATE LIABILITY IN CONNECTION WITH THESE TERMS AND IN CONNECTION WITH THE APP, THE SYSTEM AND SERVICES AND/OR IN CONNECTION TO ANY OTHER INFORMATION OR DATA PROVIDED THERE THROUGH (INCLUDING CONTENT PROVIDED BY THIRD PARTIES SERVICES PROVIDERS OR OTHER USERS), WILL BE LIMITED TO AN AMOUNT EQUAL TO THE AMOUNT PAID BY THE USER FOR THE SYSTEM. THE EXISTENCE OF ONE OR MORE CLAIMS WILL NOT ENLARGE THIS LIMIT. THIS SECTION SHALL SURVIVE THE EXPIRATION AND/OR TERMINATION OF THIS AGREEMENT.

12.5.      THESE EXCLUSIONS FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF RADIOMIZE HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY, IN SUCH STATES OR JURISDICTIONS, RADIOMIZE'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. USER ACKNOWLEDGES AND AGREES THAT WITHOUT THE FOREGOING EXCLUSIONS AND LIMITATIONS OF LIABILITY, RADIOMIZE WOULD NOT BE ABLE TO OFFER THE APP OR THE SERVICES.

12.6.      No action arising in connection with these Terms and in connection with the Radiomize Properties, Content and/or Services and/or in connection to any other information or data provided there through or therewith (including content or information provided by Third Parties Services Providers or other Users), regardless of its form, may be brought by either party more than twelve (12) months after the cause of action has occurred. The foregoing limitations shall apply notwithstanding any failure of essential purpose of any limited remedy and are fundamental elements User engagement with Radiomize.

12.7.      Some jurisdictions do not allow the exclusion of warranties or limitation of liability in some cases, which means that some of the above limitations may not apply to user. In these states, Radiomize's liability will be limited to the greatest extent permitted by law. The terms herein will survive any expiration or termination of these Terms or the Services.

13.   Indemnification.

The User agrees to defend, indemnify, and hold harmless each of the Radiomize Parties from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) User’s use of the System or Services, and any use of the System or Services made through User account; (ii) User’s violation of any term of these Terms; (iii) User’s violation of any third party right, including any copyright or other intellectual property, property, or privacy right. Radiomize reserves the right, at User’s expense, to assume the exclusive defense and control of any matter subject to indemnification by User. The defense and indemnification obligations herein will survive any expiration or termination of these Terms and the termination of User's use of the System or Services. User shall cooperate fully as reasonably required in the defense of any claim.

14.   Miscellaneous

14.1.      Beta. The User understands and acknowledges that currently the System, the App and Services are currently in their testing stage, and are made available as a “Private Beta” version. This means that Radiomize has not yet completed development of the App and Services and that not all features are completely functional or available.

14.2.      Termination of Services. The User may terminates its use of the Services at any time and for whatever reason by (i) uninstalling the App and cease making any use of the System and the Services, and any part thereof; and (ii) terminating the User account. . On receiving such a request, Radiomize will use reasonable efforts to delete such information, however please note that User’s information may be retained on Radiomize’s back-up systems for some time and Radiomize cannot remove any information it share with third parties as indicating hereunder. Radiomize retains the right to block User’s access to the Services and discontinue User’s use of the Services, at any time, to the extent Radiomize assumes, at its sole and absolute discretion, that the User fails to comply with any provision of these Terms.

14.3.      Waiver; Severability. The failure to require performance of any provision shall not affect Radiomize's right to require performance at any time thereafter, nor shall a waiver of any breach or default of this agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself. If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of these Terms shall remain in full force and effect.

14.4.      Assignment. Radiomize may assign these Terms at any time to the successor in interest in connection with a merger, consolidation or other corporate reorganization. The User may not assign its rights and obligations hereunder.

14.5.      Choice of Law. Unless expressly stated to the contrary elsewhere within the App or Services, the Radiomize Properties, Services and these Terms and any dispute arising in connection therewith shall be exclusively governed by and construed in accordance with the laws of the State of Israel. The User agrees that all such disputes will be brought exclusively in the appropriate courts of Tel Aviv, Israel.

14.6.      Amendments and Modifications. Radiomize, at any time and from time to time, may modify These Terms or other policies. Modifications to these Terms or policies will be posted on the App . By making any attempt to use of the System or Services, or any part thereof, the User undertakes to be bound by the terms of such modifications.

14.7.      Notification. Radiomize may provide notices to the User by email to the email address specified by the User (to the extent that the User have been requested to submit its email), by posting a message to User’s account interface or by posting a message on the App, and is deemed received when sent or posted. Any notices to Radiomize or question regarding to these Terms may be sent to: support@radiomize.com

15.   Notification and Removal (Infringing Content)

15.1.      Illegal Content. Radiomize does not permit the utilization of its Software for illegal purposes. Accordingly, if User believes that any content that has been made available through the Services infringes any of its individual legal rights (including intellectual property rights) ("Alleged Infringing Content"), such User may provide the defined below Designated Person with necessary information (according to the terms specified below).

15.2.      Notice. Radiomize has nominated one of its employees (details of which are provided in Section 9.4 below) ("Designated Person") to receive notifications about Alleged Infringing Content made available through the Services ("Notice"). If Alleged Infringing Content has been made available to User through the Services, such User may provide the Designated Person with the following information in writing:

15.2.1.    A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

15.2.2.    Identification of the right claimed to have been infringed, or, if multiple rights are claimed to have been infringed at a single content unit, a list of all rights allegedly infringed.

15.2.3.    Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Radiomize to locate the material.

15.2.4.    Information reasonably sufficient to permit Radiomize to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.

15.2.5.    A statement that the complaining party has a good faith belief that use of the material in the manner complained of infringes its rights, or applicable law.

15.2.6.    A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

15.2.7.    Please note that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. Please consider seeking legal advice before submitting Notice.

15.3.      Counter-Notice. Radiomize respects other parties' rights to the materials served through the Services. Therefore Radiomize may, at its discretion, give the party presenting the Alleged Infringing Content the opportunity to present his response to the Notice ("Counter-Notice") as follows. Counter-Notice must be a written communication provided to the Designated Person and at least include the following:

15.3.1.    A physical or electronic signature of the subscriber.

15.3.2.    Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.

15.3.3.    A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled, and that the provision by Radiomize material does not violate applicable law.

15.3.4.    The subscriber’s name, address, and telephone number.

15.3.5.    Please note that any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Please consider seeking legal advice before submitting Counter-Notice. If a Counter-Notice is submitted with respect to any Alleged Infringing Content, Radiomize will notify the Notice provider of such Counter Notice. Thereafter, if Notice provider does not provide Radiomize with a statement under penalty of perjury that it has filed a claim to a court of a competent jurisdiction with respect to the Alleged Infringing Content, within 14 business days after Radiomize had notified him of such Counter Notice, Radiomize will be free to continue to use the Alleged Infringing Content.

15.4.      Radiomize's Designated Person. Radiomize's Designated Person to receive Notices and Counter-Notices of claimed infringement can be reached as follows:

Name:          Shmulik Kaz

Address:      Meitav 6, Tel Aviv

Email:          shmulik@radiomize.com

15.5.      General provisions concerning notices. (i) All Notices or Counter-Notices must be submitted in English or Hebrew to the Designated Person. Notices or Counter-Notices not submitted to the Designated Person will not be answered. If translated materials are submitted, please provide a notarized authorization of the translations; (ii) User acknowledges that if it fails to comply with all of the requirements of Section 9 (inclusive) User Notice and/or Counter-Notice may be invalid and not dealt with by Radiomize; and (iii) Only Notice and/or Counter-Notice should go to the Designated Person. Radiomize reserves the rights to demand additional information, details, technical evidence to support any Notice or Counter Notice provided, and reserves the right not to deal with any Notice or Counter Notice not supported with such additional information required; (iv) it is hereby clarified that nothing provided in Sections 9 (inclusive), shall derogate from Radiomize’s right to remove or not remove any content provided through its Services (whether Alleged Infringing Content or not).

 

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