Terms of ServiceRadioVerse

Welcome to RadioVerse ("RadioVerse", “our”, "we" or “us"). As used herein, the terms 'you', 'your', and/or 'yourself' refer to you, a user/visitor/browser of our website and online services ("Website" or "Services"), whether registered under an account or not.

These Terms and Conditions govern your use of our Website and Services operated by RadioVerse.

Please also read our Privacy Notice, available at [hyperlink to Privacy Notice] that governs your use of our Services and explains how we collect, safeguard and disclose information that results from your use of our Services Which together with these Terms and Conditions shall be referred to as, the “Terms”.

BY USING OUR SERVICES, YOU AGREE TO THESE TERMS. PLEASE READ THEM CAREFULLY. IF YOU DO NOT AGREE WITH (OR CANNOT COMPLY WITH) THESE TERMS, YOU MAY NOT USE OUR SERVICES.

1. SERVICES RadioVerse is a platform that allows you to upload, watch and share videos and other types of content and acts as a platform for User Content (as defined below) ("Services").

2. ACCESS TO OUR SERVICES To access our Services, you may be asked to create an account and provide certain registration details or other information. By using our Services, you represent and guarantee that you are at the age of 13 or above and in case you are creating an account and registering to the Services on behalf of a corporation, that you have full corporate power and authority to execute and enter into these Terms on behalf of the corporation. It is a condition of your use of our Services that all the information you provide on our Services is correct, current, and complete. You are solely responsible for the activity that occurs under your account, and for keeping your password or other authentication credentials secure and confidential. You must notify us immediately of any change in your eligibility to use the Services, or if you suspect a breach of security or unauthorized use of your account. Notwithstanding anything to the contrary in these Terms, RadioVerse may temporarily suspend your access to any portion or all of the Services or terminate your account or right of accesses to the Services if: (i) RadioVerse reasonably determines that (A) there is a threat or attack on any of our Website or IT infrastructure; (B) you are using our Website or Service for fraudulent or illegal activities or not in accordance with these Terms and our policies; or (C) RadioVerse's provision of the Services to you is prohibited by applicable law; (ii) any vendor of RadioVerse has suspended or terminated RadioVerse's access to or use of any third-party services or products required to enable you to access the Services. RadioVerse will have no liability for any damage, liabilities, losses (including any loss of data or profits), or any other consequences that you may incur as a result of a Service suspension or termination.

3. ACCEPTABLE USE RadioVerse hereby grants you permission to use RadioVerse's Services as set forth in these Terms and Conditions and you represent, warrant and agree that you will at all times comply with all applicable local, federal, state, provincial, national and other laws, rules and regulations and you will at all times comply with any applicable policies posted on the Website. In addition to other prohibitions as set forth in these Terms, you are prohibited from using our Website or its content or our Services: • For any commercial use; • In any way that causes, or may cause, damage to our Services or impairment of the availability or accessibility of our Website; • In any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. • To copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software; • To collect or track the personal information of others or to conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting, spamming, phishing, pharming, pretext, spidering, or crawling) on or in relation to our Services; • To infringe upon or violate our intellectual property rights or the intellectual property rights of others, including without limitation, other users of our Services; • To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; • To submit false or misleading information; • For any obscene or immoral purpose. Notwithstanding anything to the contrary in these Terms, RadioVerse reserves the right to terminate your use of the Services for fraudulent or illegal activities or for violating any of the prohibited uses.

4. LICENSE GRANT Subject to the terms of these Terms and Conditions, RadioVerse grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to using our Services under these Terms. You acknowledge and agree that the Services are provided under license, and not sold to you. You do not acquire any ownership interest in the Website and Services under these Terms, or any other rights thereto other than to use the Website and Services in accordance with the license granted, and subject to all terms, conditions, and restrictions, under these Terms.

5. LICENSE RESTRICTIONS You shall not: • Copy or distribute the Website or Services or any part thereof, except as expressly permitted by these Terms; • Modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Website or Services; • Reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Website, Services or any part thereof; • Remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Website or Services, including any copy thereof; • Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Website or Services, or any features or functionality of the Website or Services, to any third party for any reason, including remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Website or Services.

6. USER CONTENT & FEEDBACK Our Website and Services enable you to share your content or materials, with other users, including videos, audio (for example music and other sounds), graphics, and photos (collectively, "User Content”). RadioVerse does not claim ownership of the User Content. For more information, please read the INTELLECTUAL PROPERTY RIGHTS clause at Section 9 of these Terms. All User Content must comply with our content standards set out in these Terms. You are responsible for all the content that you upload to our Website. You represent and warrant that you have all the rights, power and authority necessary to grant the foregoing license, and that all User Content (a) does not infringe, violate, misappropriate or otherwise conflict with the rights of any third party; (b) complies with all applicable local, state, provincial, federal, national and other laws, rules and regulations; and (c) does not violate these Terms. User Content must be accurate and truthful. Although we do not actively monitor User Content, we reserve the right to remove User Content from the Website if we believe in our sole discretion that it violates these Terms or for any other reason. Any User Content you upload on Website will be considered non-confidential and non-proprietary. By providing any User Content on our Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose/according to your account settings. We welcome and encourage you to provide feedback and comments to other User Content and feedback, comments, and suggestions for improvements to the Services (collectively, "Feedback"). Any Feedback you submit will be considered non-confidential and non-proprietary to you. By submitting Feedback, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.

7. UPDATES RadioVerse may from time to time in its sole discretion develop and provide Services updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that RadioVerse has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality.

8. THIRD-PARTY SERVICES The Website and Services may display, include, or make available third-party content, including data, information, applications, and other services or provide links to third-party websites or services, including through third-party advertising that are not owned or controlled by RadioVerse ("Third-Party Services"). You acknowledge and agree that RadioVerse is not responsible for Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. RadioVerse does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Services. Third-Party Services and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.

9. INTELLECTUAL PROPERTY RIGHTS RadioVerse's Website and Service and its entire content (except User Content) features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, UX, UI and “look and feel” selection, and arrangement thereof) are owned by RadioVerse, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Accordingly, you must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any part of the Website and of the material published thereon. These Terms do not grant you a right to RadioVerse's intellectual property, but only a right for personal use, limited and revocable in accordance with these Terms. Any right that has not been expressly granted to you in accordance with these Terms is reserved by RadioVerse and its licensors. For the avoidance of doubt, no provision of the Terms constitutes a waiver of the RadioVerse's intellectual property under any law. RadioVerse does not claim ownership of the User Content or the Feedback but will be entitled to take any action necessary with regard to such content and information in order to provide the Services, including copying for backup, caching, and transfer to service providers and all other action that will be necessary at the sole discretion of RadioVerse. In legal language, by uploading a User Content or posting a Feedback on the Website, you grant us a worldwide, non-exclusive, royalty-free license to use, copy, reproduce, process, sell, adapt, modify, publish, transmit, display such content and information for the purpose of providing you with the Services.

10. TRADEMARKS RadioVerse, and all related names, logos, product and service names, designs, and slogans belong to or are trademarks, tradenames or service marks of RadioVerse or its affiliates or licensors. You must not use such marks without our prior written permission.

11. COPYRIGHT INFRINGEMENT AND DIGITAL MILLENNIUM COPYRIGHT ACT We respect the intellectual property rights of others and require that the people who use our Services do the same. We may terminate the privileges of users who infringers of intellectual property rights.

12. TERM AND TERMINATION The Term of our engagement under these Terms commences when you start using our Services and will continue in effect until terminated by you or RadioVerse as set forth in this Section. You may terminate these Terms by stop the use of our Services or by canceling your account. RadioVerse may terminate these Terms at any time at its sole discretion. In addition, our engagement under these Terms will terminate immediately and automatically without any notice if you violate any of the terms and conditions in these terms. Upon termination: • All rights granted to you under these Terms will also terminate; and • You must cease all use of the Services and delete your account. • Termination will not limit any of RadioVerse's rights or remedies at law or in equity.

13. DISCLAIMER OF WARRANTIES We shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services and shall perform Services in a professional and workmanlike manner. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Us or by third-party providers, or because of other causes beyond RadioVerse’s reasonable control, but We shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption. HOWEVER, WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES ARE PROVIDED “AS IS” AND WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF ACCURACY, COMPLETENESS, RELIABILITY, SUITABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

14. LIMITATION OF LIABILITY IN NO EVENT WILL RadioVerse OR ITS SUPPLIERS BE LIABLE TO YOU (OR ANY PERSON CLAIMING UNDER OR THROUGH YOU) FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICES OR ANYTHING PROVIDED IN CONNECTION WITH THESE TERMS, THE DELAY OR INABILITY TO USE THE SERVICES OR ANYTHING PROVIDED IN CONNECTION WITH THESE TERMS OR OTHERWISE ARISING FROM THESE TERMS, INCLUDING WITHOUT LIMITATION, (I) LOSS OF REVENUE OR ANTICIPATED PROFITS (WHETHER DIRECT OR INDIRECT) OR (II) LOST BUSINESS OR (III) LOST SALES, OR (IV) LOST OF DATA, WHETHER BASED IN CONTRACT, TORT (INCLUDING ACTIVE AND PASSIVE NEGLIGENCE AND STRICT LIABILITY) BREACH OF STATUTORY DUTY OR OTHERWISE, EVEN IF RadioVerse HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT RadioVerse SHALL NOT BE LIABLE FOR ANY USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. SUBJECT TO AFORESAID ABOVE, THE TOTAL LIABILITY OF RadioVerse OR ITS SUPPLIERS, WHETHER BASED IN CONTRACT, TORT (INCLUDING ACTIVE AND PASSIVE NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE, WILL NOT EXCEED THE AMOUNT OF 500 US$. THE FOREGOING LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

15. INDEMNIFICATION You agree to indemnify, defend and hold RadioVerse and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party. RadioVerse reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

16. SEVERABILITY In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

17. ASSIGNMENT These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by RadioVerse without any restriction or prior approval.

18. GOVERNING LAW These Terms shall be governed and construed in accordance with the laws of State of Israel without regard to its conflict of law provisions and the courts in Tel Aviv Israel shall have exclusive jurisdiction.

19. NO WAIVER The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms and any policies or operating rules posted by us on the Website or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).

20. WAIVER OF CLASS ACTIONS You acknowledge and accept that claims brought against RadioVerse shall be only on an individual basis and not as a plaintiff or class member in any possible future class or representative action or similar proceeding. Unless otherwise agreed by you and RadioVerse, you may not adjoin or consolidate any claim with more than one person; and you may not otherwise supervise or take over any form of a class, representative or consolidated proceeding.

21. CHANGES TO SERVICES We reserve the right to withdraw or amend our Services, and any service or material we provide via Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of our Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Services, or the entire Services to users, including registered users.

22. CHANGES TO THESE TERMS You can review the most current version of the Terms at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our Website. Your continued use of or access to our Website or the Services following the posting of any changes to these Terms constitutes acceptance of those changes.

23. CONTACT INFORMATION Questions about these Terms should be sent to us at [email protected]