Terms of Service

General conditions of sale of the services offered by Newradio Srl

TERMS OF SERVICE STREAMING AUDIO / VIDEO PRODUCTS AND ACCESSORIES

  1. DEFINITION OF THE PARTIES

This contract for the supply of services is concluded between the company Newradio srl – Via Durazzo 28-00195 ROMA hereinafter simply Newradio and the client the subscriber contract or application form, hereinafter referred to as simply “customer.”

  1. DESCRIPTION OF SERVICE

2.1 Newradio as a distributor provides and manages, against the agreed remuneration, streaming live and on-demand or other data accessible via the telecommunications network the Internet, by means of computers connected to it or permanently managed.

2.2 Customer can purchase the services offered by Newradio and is not authorized to resell the services to third parties.

2.3 Customer has no authority to act on behalf of Newradio.

  1. PURPOSE OF THE CONTRACT

With the signing of this contract required Newradio to provide services according to the specifications given at the time of signing the form.

  1. TERM AND IMPLIED EXTENSION

4.1 The service shall be deemed to be just will be confirmed through the form on the website of Newradio. The contract has a minimum duration of 1 month (one). The service is automatically renewed for the same period following the advance payment of customer.

4.2 In the event that the customer does not renew the payment within 5 days after the monthly service shall be deemed withdrawal and not automatically renewed for the following month.

4.3 The terms of this contract fully implemented and accepted by the customer even in the case of use of charge and / or temporary services provided to any title from Newradio.

  1. CUSTOMER RESPONSIBILITIES

5.1 Customer can use streaming made available by Newradio and ensures that the information and the contents used legitimately available and not violate any third party rights (eg copyright, records, etc.). The customer assumes responsibility for the information provided in Newradio exempting itself from any responsibility of assessment and / or control in this regard.

5.2 Customer undertakes to keep in strict confidence and not to transfer to third parties, the alphanumeric codes (called “password”) necessary for the performance of the service and therefore satisfies the custody of them.

5.3 The control panels for the government of the functions of the services may be periodically updated by technicians, the customer exempts the Newradio from the responsibility of any differences or deficiencies temporary or definitive operation compared to programs and accessories previously entered.

5.4 In the event of non-renewal of customer, Newradio reserves the right to suspend users from the day after the contract expires.

5.5 You agree to fully lift Newradio about the responsibility for the contents of the audio / video files hosted or distributed from the server.

5.6 Support: The price set includes interventions of ordinary assistance carried out by e-mail, phone or tickets tend to solve the problems of normal operations. The support will be provided only to the dealer signing a contract or personnel working in the same building. Changes to programs within the space users are charged to the customer; if the same is unable may intervene personnel Newradio on payment of an agreed share.

5.7 Newradio reserves the right to terminate the contract at its sole discretion with prior notice of 7 days if the operating conditions or customer relations are damaged for any reason. If the customer has paid an amount that leads him to enjoy a more long he will have the right to a refund of the excess.

  1. TERMINATION CLAUSE

A failure to fulfill obligations imposed by Section 7 of this agreement, result in the automatic termination of the same for the purposes of Article 1456 of the Civil Code. They remain in any case affect the rights of Newradio perception of corrispettiviper services contracted although not used in full.

And ‘subject, in any case, the right to compensation for any damage suffered.

  1. BANS

It did absolutely PROHIBITION use by the customer of telematics Newradio for illicit purposes. And ‘alcliente prohibited from using Newradio to broadcast in streaming against morality and public order, causing offense, or direct or indirect harm to anyone. It ‘still expressly forbidden to use the Newradio to contravene directly or indirectly to the applicable laws of the Italian State or any other State.

  1. FEATURES AND FUNCTIONALITY SYSTEM

If Newradio is forced to interrupt the service for exceptional events or maintenance will try to contain them as quickly as possible outages and / or malfunction. Newradio define the appropriate procedures for access to services and reserves the right to improve them at any time to be able to increase efficienza. Newradio will provide you all the technical specifications for accessing the same services.

  1. LIMITATION OF LIABILITY NEWRADIO

9.1 In no event Newradio will be held responsible for malfunction of services resulting from liability of telephone lines, electricity and national and global networks, such as failures, overloads, outages, slow speed, failure of computer networks that traffic telematic or cause force majeure. Also will not be liable or responsible for any failure, omission or temporary suspensions of service that is due to causes of Servers or Providers (providers) is national or international access, bandwidth or installations maintenance servers (Noc, server farms) as well as for any failure due to hacker attacks. Newradio is also indemnified from any damage caused by stop of servers or damage files on the disk, no matter the cause.

9.2 No compensation will be required to Newradio for any direct and / or indirect arising from the use or non-utilization of services.

9.3 The specific structure of the Internet, where many entities are involved, there is no guarantee about the constant availability of the service. The client agrees not to hold Newradio liable for data loss or damage from lack of access to the Internet, transmission of information, delays, canceled transmissions or service interruptions.

9.4 Newradio is not responsible for any failure attributable to the causes of fire, explosion, earthquake, volcanic eruptions, landslides, cyclones, storms, floods, hurricanes, avalanches, war, popular uprisings, riots, strikes and any other cause unpredictable and exceptional prevents to provide the agreed service.

9.5 Newradio doesn’t have the power to back up the multimedia content uploaded by users on its servers for services AutoDJ. Duplication of such content is not permitted by applicable law for the protection of copyright and related rights. In case of cancellation of the contents due to a server failure, it is for the client to reload the files with the works of which he has responsibility for the rights of copying and running.

9.6 FaceBook Player. Newradio is not responsible for any changes in technology site facebook.com that could affect the operation of the code of our Player. No refund to the customer by Newradio in the eventual inability to update and make operational the product because of future restrictions of Facebook.com.

9.7 Platforms IOS, Android, Windows Phone, Centova Cast, Shoutcast, Icecast and Wowza. Newradio is not responsible for any changes of technology on third-party platforms on which applications or services are developed. In case of cessation of operation of services or products due to problems or changes in technology, Newradio no duty to update mandatory and free products to make them compatible with the changes in place. In no event Newradio be required to refund, even partially, the cost of any services purchased as no longer working due to reasons not caused by our company.

  1. FEES

10.1 Customer will pay the fee for the early activation of the same.

10.2 The prices and conditions also vary with market conditions, or service providers. The Clientisaranno promptly made aware of the changes by e-mail, will be their choice to accept or terminate at the following monthly renewal of the contract Newradio exempting from any liability.

10.3 Newradio reserves the right to vary at any time the conditions specified in this Agreement and the fees applicable to this contract by notifying by mail. Any changes of fees will come into force on the expiry of the various fees prepaid immediately subsequent to such changes. Constitute tacit acceptance of changes to these terms and / or fees, the continuation of use of our services by the client and its customers. In any case it is subject to the right of the customer to withdraw, with e-mail, within 30 days of expiration.

10.4 Non-payment by the customer of the agreed Newradio authorizes the suspension of the service after 7 days from the date the payment was due. Any sums paid in advance or deposit will be retained by Newradio to cover the costs incurred for processing and the technical study of the service. The customer is in any case obliged to pay the amount due to Newradio even in case of service interruption for non-payment.

  1. USE OF THE BRAND NAME OR CUSTOMER

Customer authorizes Newradio to make use, for the sole purpose promotional, brand or company name of the Customer, and authorizes any Newradio to reproduce as part of its system, unless written notice to the customer for not pubblicazione.

  1. TAXATION

Any tax liability arising from the contract, including any taxes for advertising, shall be borne by the customer.

  1. SYSTEMS AND AutoDJ EasyTV (CDS Content Delivery System)

13.1 Using the disk space made available by Newradio for content Audio or Video should be used exclusively in the context of creating streaming media with technologies made available by the service itself. Improper use by the customer FTP space rented, which transfer files between users and / or storing files of formats that are not allowed and not related to the service, to authorize Newradio service disruption and destruction of files on the server.

13.2 Newradio is not responsible for the content that the client loads on their systems to spread. The contents are the property of the customer and he himself is responsible for the transmission through streaming technologies of CDS. Newradio may audit from time to time to sample content that are loaded from customer servers. In the case of established the presence of material in breach of Italian law on Copyright, which go against morality and public order, which bear offense or direct or indirect damage to anyone, Newradio is authorized to permanently delete the contents without notice from server.

13.3 Services CDS both audio and video provided by Newradio are to be regarded as a technological means for the realization of streaming services. The customer is directly responsible for the publication for streaming on its platforms and websites. The content on the server and media streams carried by the CDS system are made available only to customer service and never made available to third parties.

13.4 The final service obtained through the systems of CDS Newradio are not covered by any license protection of copyright and related rights. E ‘task of the end customer take their licenses with authorities to protect their country for publishing the content online or in public places both physical and virtual.

  1. PLAYER HTML5 (play5)

14.1. The HTML5 player (play5) is owned by Newradio and it is granted the user license for the customer for the time specified in the contract. In the event that the use of the player is granted free of charge in a promotional plan, the authorization of use is removed at the time of termination of the related product.

14.2. The source code of the player does not come in any way to the customer and stays resident on domain newradio.it

14.3. The player is delivered to the customer via an html code (iframe) that allows the display and then use the pages of the Web site.

14.4. The source codes of play5 Cuboplayer and are owned by Newradio and can work separately on domain newradio.it. Improper use, copying and modification of these sources and play5 Cuboplayer without prior authorization by Newradio, are prohibited and may be prosecuted.

14.5. Along with the iframe code is supplied to a customer account on a control panel at http://play5.newradio.it. From this account, the customer can change some of the functions of the player to suit your needs. No further customization of the player is allowed outside of those provided by the interface dedicated control.

14.6. Since the use of play5 understood as a service, it is not possible to individually change the addresses of the streaming flows from the customer. Only technicians Newradio can operate centrally and address data streams used by the player. The operation of change of address of the flows, if necessary, is free if they come from servers Newradio. In the case of streams coming from other suppliers the gearbox is to be considered as a fee for the customer.

14.7. The license is valid indefinitely for traffic up to 500 simultaneous. If the customer expects to exceed this limit, you must contact customer service Newradio for a custom quote. The service could have additional costs.

15.1 The service MBStudio Cloud comes with a license to use temporal MBStudio PRO for the rental period of service. The license is not transferable and can only be operated on the platform of Cloud Newradio. Any use does not comply with the software and dedicated server Newradio authorize the immediate suspension of the service without any refund of the fee already paid.

15.2 E ‘absolutely forbidden to use the Windows server MBCloud for any other function than those related to the use of the program MBStudio and its related functions. And ‘it prevented and prohibited the installation of additional programs on the operating system. If the customer needs to install special software to be used in conjunction with MBStudio must seek permission and installation by our technicians. Newradio reserves periodically to control settings and the contents of the dedicated server. Any abuse or use of the server outside the rules described Newradio authorize the immediate suspension of the service without any refund of the fee already paid.

15.3 MB service Cloud comes standard without backup data uploaded by the customer and its configurations. The Cloud platform guarantees, in case of hardware malfunction, a reboot of the service in a few minutes without loss of data. If that is the client to delete data by mistake, or damage the operating system configuration, there is no possibility of Newradio to recover lost data. It will be possible only the reinstallazioe EX-NOVO service.

If the customer has purchased the Automatic Backup option, you can at any time request the reactivation of its MBCloud status of the last backup. The system keeps track of up to 15 days backup (one each night).

15.4 Copyright: The software MB STUDIO PRO and ‘an exclusive intellectual property of MB SOFT and and’ protected by Italian law on copyright (Law 663/1941, as amended), the rules on copyright contained in international treaties, and the laws in force in the country in which the Software is used. The structure, organization, concept, visual and code compilation of software constitute trade secret information that the end user guarantees to handle the software the same way as any other intellectual work protected by the laws on d ‘author above. Furthermore, the user agrees not to reverse engineer, decompile, disassemble or discover the source code of the Software.

15.5 The service provided by MBStudio Cloud Newradio is to be considered exclusively as a technological means for the realization of streaming services. The customer is directly responsible for the publication for streaming on its platforms and websites. The content on the server and media streams carried by MBStudio Cloud are made available only to customer service and never made available to third parties.

15.6 The final service obtained through MBStudio Cloud of Newradio are not covered by any license protection of copyright and related rights. E ‘task of the end customer take their licenses with authorities to protect their country for publishing the content online or in public places both physical and virtual.

  1. COMPETENT COURT

For any dispute arising from this contract, the parties purport conventionally competence in favor of the Rome (RM).

PERSONAL DATA – LAW No. 196/03

 

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