1. Introduction

Thanks for choosing Radio FataFati – a service for primarily listening to the internet radio that is provided by Radio FataFati LLC (Service Provider), a company registered under the laws of Texas, USA, located at Desert Falls Dr, McKinney TX-75070, and doing business under the commercial name “Radio FataFati” ( “RFF”, “we”, “us”, “our”).

These Terms and Conditions ("Terms")  govern your use of RFF’s services for listening to internet radio and other content, including all of our websites and software applications (“Service") that incorporate or link to these Terms and any music, videos, podcasts, audiobooks, or other material that is made available through the RFF’s Service ("Content").

Use of the RFF Service is subject to the RFF Privacy Policy and additional terms and conditions presented by RFF, all of which are made part of these Terms by this reference.

By signing up for, or otherwise using, the RFF Service, you agree to these Terms. If you do not agree to these Terms, then you must not use RFF Service or access any Content.

RFF may modify the Agreement at any time, and such modifications shall be effective immediately upon posting of the modified Agreement on the website. You agree to review the Agreement periodically to be aware of such modifications and your continued access or use of the RFF Service shall be deemed your conclusive acceptance of the modified Agreement.

Should any provision of these Terms be held invalid or unenforceable for any reason or to any extent, the remaining provisions of these Terms will not be affected, and the application of that provision shall be enforced to the extent permitted by law.

 

2. RFF Service 

We provide multiple Service options. Certain RFF Service options are provided free of charge, while other options require payment before they can be accessed ("Paid Subscriptions"). If there are charges for access to a certain part of the Service, you will be informed about such charges before you opt-in. RFF application provides the user with option to rate a song. The ratings displayed for each song is based on average of all the user rating for that particular song and should be used for entertainment purpose only.

 

Use of the Service

1. Eligibility: By using RFF service you affirm that you are 18 years or older and understand these Terms, or, if not, that you are 13 years or older and have obtained parental or guardian consent to enter into these terms. Further you attest that you reside in the United States

2. Account: To access certain features of our service, you may be required to create an account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. RFF may reclaim, or require you to change, your username for any reason. RFF reserves the right to remove or disable access to any User Content for any or no reason. RFF may take these actions without prior notification to you.

3. Prohibited Activities: You agree NOT to:

1. Use our service for any unlawful purpose.

2. Circumvent, disable, or interfere with security-related features of the service.

3. Harass, threaten, or infringe upon the rights of others.

4. Upload, post, or transmit any content that is harmful, offensive, or violates the rights of others.

5. Use the service in a way that disrupts or impairs its functionality.

6. Impersonates or attempt to impersonate another user, or any other person or entity, 

7. Infringe upon the rights of others.

If you establish an RFF account on behalf of a company, organization, entity, or brand, the terms "you" and "your" as used throughout these Terms, apply to both you and the company, organization, entity, or brand and you agree that you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms and to bind the company, organization, entity, or brand to these Terms.

 

3. RFF Content & intellectual proprietary rights

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User-Generated Content:

Users may contribute content, such as comments, reviews, or ratings, to the service. We do not endorse or guarantee the accuracy, quality, or reliability of user-generated content.

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Intellectual Property:

All content on our service, including text, images, audio, and trademarks, is protected by intellectual property rights and is the property of RFF or its licensors. You may not use, reproduce, or distribute this content without permission. Though we are the owner or the licensee of intellectual property rights in the Website & Software App, we do not own the intellectual property rights to the songs that are being played in our internet radio station and are solely owned by third parties. 

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Feedback:

If you provide ideas, suggestions, or other feedback in connection with your use of the RFF Service or any Content such Feedback is not confidential and may be used by RFF without restriction and without payment to you. Feedback is considered a type of User Content under these Terms.

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Your Device:

You also grant to us the right to (1) allow the RFF Service to use the processor, bandwidth, and storage hardware on your Device in order to facilitate the operation of the RFF Service, (2) to provide advertising and other information to you, and (3) to allow our business partners to do the same.

 

4. Third-party Applications and Devices 

The RFF Service may be integrated with third-party applications, websites, services and devices ("Third-Party Applications & Devices"). Your use of such Third-Party Applications and Devices may be subject to additional terms, conditions, and policies provided to you by the applicable the third party. RFF does not guarantee that Third-Party Applications and Devices will be compatible with the RFF Service.

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5. Service limitations and modifications

We use reasonable efforts to keep the RFF Service operational and to provide you with an immersive audio experience. However, RFF reserves the right to change our RFF Service offerings and their availability from time to time, without notice or liability to you. 

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6. Payments and cancellation

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Billing:

You may purchase a Paid Subscription directly from RFF but RFF may use a third party billing platform or payment gateway to process your payments and refunds and as such separate terms and conditions with such third party may apply to you in addition to these Terms. Tax rates are calculated based on the applicable tax rate at the time of billing.

RFF may from time to time make changes to Paid Subscriptions and may communicate any price changes to you in advance. Price changes will take effect at the start of the next subscription period following the date of the price change and by continuing to use the RFF Service after the price change takes effect, you will have accepted the new price. 

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Renewal and cancellation:

Your Paid Subscription will automatically renew at the end of the applicable subscription period, unless you cancel your Paid Subscription before the end of the subscription period. Contact us for instructions on how to cancel. The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the free version of the RFF Service. Your account and billing information must be up to date in order for us to refund you. We do not provide refunds or credits for any partial subscription periods.

RFF has no liability to you, nor any obligation to provide a refund to you, in connection with internet or other RFF Service outages, maintenance window or failures that are caused by the actions of government authorities, other third parties, or events beyond our control.

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7. Problems and Disputes

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Suspending and terminating the RFF Service:

These Terms will continue to apply to you until terminated by either you or RFF. RFF may terminate these Terms (including any additional terms and conditions incorporated herein) or suspend your access to the RFF Service at any time if we believe you have breached any of these Terms, if we stop providing the RFF Service or any material component thereof, or as we believe necessary to comply with applicable law. If you or RFF terminate these Terms, or if RFF suspends your access to the RFF Service, you agree that RFF shall have no liability or responsibility to you, and (except as expressly provided in these Terms) RFF will not refund any amounts that you have already paid. You may terminate these Terms at any time, in which case you may not continue accessing or using the RFF Service. To learn how to terminate your RFF account, please contact us at info@radiofatafati.com.

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8. Warranty disclaimers

RFF Service and Content is provided without any warranties of any kind

8.1. Availability: We do not guarantee uninterrupted access to our service, and we may suspend or discontinue it at any time without notice.

8.2. Content: We do not guarantee the accuracy, completeness, or legality of the content available through our service. RFF doesn’t warrant that its Service and Content is free of malware or any other harmful component.

 

9. Limitation of Liability

To the extent permitted by law, we shall not be liable for any indirect, consequential, incidental, or punitive damages arising out of your use of our service.

You agree that your sole and exclusive remedy for any problems or dissatisfaction with the RFF service, including those provided by its third parties, is to uninstall any RFF software and to stop using the RFF Service.

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10. Indemnification

You agree to indemnify and hold harmless RFF, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all damages, losses, and expenses of any kind (including reasonable attorneys' fees and costs) arising out of or related to any breach of any of these Terms (including negligent or wrongful conduct) by you or any other person accessing the Service on your behalf or as a result of the said violation.

Governing law, jurisdiction and dispute resolution

These Terms and Services are subject to the laws of the state of Texas, United States. These Terms requires mandatory use of arbitration on an individual basis to resolve disputes rather than jury trials or any other court proceedings or class actions of any kind. You and RFF agree to the exclusive jurisdiction of the federal or state courts located in McKinney, Texas, United States, to resolve any Dispute that cannot be settled by arbitration. 

Further, you and RFF agree that you may bring claims against RFF in arbitration or litigation only in your individual capacity and not as a plaintiff or class member in any purported class, collective, consolidated, private attorney general or representative action.

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11. Assignment

RFF may assign any or all of these Terms, and may assign or delegate, in whole or in part, any of its rights or obligations under these Terms. You may not assign these Terms, in whole or in part, nor transfer or sublicense your rights under these Terms to any third party.