Terms of Service
Monday, 25 June 2012 16:14
You agree to pay EVE-Radio.com the charges for the Service plan you select using a valid payment method, together with complete, accurate and up-to-date information required on the membership order form. All payments must be through PayPal or Credit/Debit card and are accepted subject to collection. EVE-Radio.com reserves the right to reject any payment or order. Your Service subscription starts the day we receive your payment. Your subscription will automatically renew and you authorise EVE-Radio.com to periodically bill the credit/debit card or PayPal account you provide, until you cancel the Service or the Service is terminated. Charges are billed in advance at the start of the applicable period of Service, in accordance with the prices, plans and terms in effect at time of billing as posted on EVE-Radio.com's Web site, www.eve-radio.com.
EVE-Radio currently offers one main product, the EVE-Radio Premium Supporter subscription and you can choose to pay monthly or annually. Both methods will automatically renew at the end of their term unless otherwise cancelled. Please see section 2 ("Your right to cancel service") for further details on cancelling our products. In addition to our main product, EVE-Radio also offers add-on services (or "upgrades"). These upgrades are in addition to the benefits provided by a Premium Supporter subscription. Upgrades are only available to Premium Supporter members and will not be visible for purchase to Standard (free) members. For example, during certain live video streaming events, Premium Supporter members will be given the option to participate in a live debate with guests on purchasing a 'Participation Ticket'. A Participation Ticket is available as a one-time fee per event, or a recurring monthly charge ("Participation Passport") that will be charged to your nominated payment method. You must select the "Participation Ticket" or "Participation Passport" from http://eve-radio.com/participate web-site.
EVE-Radio.com will assess an additional 1.5% per month late charge (or the highest amount allowed by law, whichever is lower) if your payment is more than 30 days past due. You will also be liable for any fees, including solicitor and collection fees, that EVE-Radio.com may incur in its efforts to collect any balances due from you. Checks returned unpaid for any reason are subject to a GBP 20.00 fee. You understand that you will be billed for and agree to pay any outstanding balance if you cancel or non-renew the Service or the Service is terminated. You agree to notify EVE-Radio.com of any billing problems or discrepancies within 60 days after they first appear on your account statement. If you do not bring them to EVE-Radio.com's attention within 60 days, you agree that you waive your right to dispute such billing problems or discrepancies.
2. YOUR RIGHT TO CANCEL SERVICE
For PayPal automatic renewals you may also cancel by stopping EVE-Radio.com's recurring charge at PayPal.com by logging in to your PayPal account. For credit/debit card payments, you may cancel at any time by logging in to the Your Account section of our web-site (http://eve-radio.com/my-account), selecting your membership and pressing the 'Cancel' button. Upgrades may be cancelled in the same way - simply select the Upgrade and press 'cancel'.
On any non-renewal, EVE-Radio.com must receive notice at least 48 hours before your current Service subscription expires to prevent you from being billed for the next automatic renewal. If you cancel the Service altogether, you will not receive any refund for the days remaining to expiration, but you may continue to access the Service during those days, and you will not be billed again. Days begin at 12:00:00 am GMT and end at 11:59:59 pm GMT.
You understand and agree that cancellation of your Service subscription is your sole right and remedy with respect to any dispute with EVE-Radio.com. This includes, but is not limited to, any dispute involving: (a) any term of this Agreement, or EVE-Radio.com's application or enforcement of this Agreement; (b) any policies or practices of EVE-Radio.com, or EVE-Radio.com's application or enforcement of these policies or practices; (c) any Content provided through the Service, or any change in the Content provided; (d) your ability to access or use the Service or any Content; or (e) the fees, applicable taxes, payment methods, or any change to the fees, applicable taxes, or payment methods.
Customers subscribed to our Premium Supporter service may also contact us during business hours, Monday to Friday, 9AM-5PM (GMT) on +44 (0)208 123 5683, or contact us by post at GRN Media, PO Box 59953, LONDON, SW16 3WA.
3. EVE-RADIO.COM'S RIGHT TO MODIFY OR TERMINATE SERVICE
EVE-Radio.com may modify the terms of this Agreement or the Service, including but not limited to the pricing thereof or the Content provided, upon notice to you. If you decide not to accept the modifications you may elect to cancel the Service. EVE-Radio.com may terminate this Agreement and any Service at any time upon notice to you, or without notice if you violate any term of this Agreement or fail to make payment when due. In the event that EVE-Radio.com terminates this Agreement or the Service, you may, at the sole discretion of EVE-Radio, be entitled to a pro-rata refund of amounts you have already paid for any time periods following the effective date of termination. Your obligation to pay accrued charges and fees shall survive any termination of this Agreement.
4. PERSONAL INFORMATION
An online account with EVE-Radio.com is required to purchase and use the Service. Personal information you provide when creating or updating such an account includes your name, email address, passwords, location, billing and payment information. EVE-Radio.com uses your personal information to verify your access rights to, provide you with, and bill you for, the Service plan you select.
To safeguard personal information EVE-Radio.com maintains technical and procedural controls, including but not limited to SSL connections, encryption, restricted access servers, and confidentiality requirements for employees and contractors. Unless disclosure is mandated by law or legal process, EVE-Radio.com will intentionally disclose your personal information to a third party only if you specifically consent to provide such information to a third party.
You understand that EVE-Radio.com also collects and analyses usage information for the Service and Content, on an anonymous and aggregated basis. EVE-Radio.com may use or disclose anonymous aggregated usage information to further improve the Service and Content, to determine what Service plans or types of Content are most popular, for Content license reporting and royalty payments, and for any other purpose not inconsistent with the applicable privacy laws.
5. EMAIL NOTIFICATION
In addition to, or in lieu of, any posting on EVE-Radio.com's Web site, EVE-Radio.com may notify you by email of modifications to this Agreement, the Service, available Content, or your account. As a Service subscriber, you agree that EVE-Radio.com may send such email to the address you provide. Because such email is necessary for your use or continued use of the Service, you will receive such email even if you have not signed up for, or have opted out of receiving, other email from EVE-Radio.com.
Title, ownership rights and intellectual property rights in and to the Service shall remain with EVE-Radio.com and its subsidiaries, affiliates and suppliers. Title, ownership rights and intellectual property rights in and to the Content shall remain with the applicable Content owner(s). The Service and Content are protected by the copyright laws of the United Kingdom and other countries, and by international copyright treaties.
7. USAGE RESTRICTIONS
You may only use the Service and Content for private, non-commercial purposes in compliance with applicable laws in the jurisdictions in which you use the Service and Content, including, but not limited to, restrictions concerning copyright and other intellectual property rights. Under no circumstances may you: (a) modify the Content in any way, or create derivative works of the Service or Content; (b) rent, lease, or distribute the Service or Content to third parties; or (c) broadcast or perform the Service or Content outside of your normal circle of family and friends.
You may not share your account information and passwords, or permit others to use your account to access the Service or Content by any means. The Service does not allow simultaneous access by the same account from more than one computer (or other device). You are responsible for all activities that occur with your account and you agree to notify EVE-Radio.com immediately of any unauthorized account use. EVE-Radio.com will not be responsible for any loss that you may incur as a result of unauthorized use of your account and passwords.
You may not, by means of any device, software, or other method, attempt to circumvent technological measures controlling access to, or the rights in, the Service or Content. The Service and Content are intended for use only with properly licensed devices and software. It is entirely your responsibility to determine what copyright, patent or other licenses are required, and to obtain any such licenses, in order to access the Service and Content.
You understand that upon any cancellation, expiration or termination of this Agreement (whether by you or EVE-Radio.com), your license to the Service and Content also terminates, and you shall immediately discontinue all further use of the Service.
8. MONTHLY FREE GAME PRIZE DRAW
Subscribers to the Premium Supporter subscription will be automatically entered into a monthly draw for a free PC Game. No correspondence will be entered into and the winners will be notified by email within 28 days of the end of the month. The draw is not open to employees, agents, contractors or volunteers of EVE-Radio.com, GRN (UK) Ltd or participating companies. The free game will be distributed as a gift using the Steam application. The competition winner may select any game (or combination of games) up to a value of £29.99. No other cash alternative will be offered. The prize(s) described are available at the date of publication.
Events may occur that render the promotion or the awarding of the prize impossible due to reasons beyond EVE-Radio.com's control, which may at its discretion vary or amend the promotion and the subscriber agrees that no liability shall be attached to EVE-Radio.com as a result thereof. Proof of emailing will not be accepted as proof of delivery and no responsibility can be accepted for entries lost, delayed, mislaid or for any technical failure or for any event which may cause the competition to be disrupted or corrupted. Unless otherwise stated, entry is restricted to entrants of 18 years of age or over. Names of winners will be available on receipt of a request enclosing a stamped self-addressed envelope to: EVE-Radio.com, PO BOX 57974, LONDON, SE18 9XX.
If the winner of a competition is unable to take up a prize for any reason, the EVE-Radio.com management team reserves the right to award it to an alternative winner, in which case the first winner chosen will not be eligible for any share of the prize whatsoever. Prizes that remain unclaimed within 28 days of the draw become forfeited. The EVE-Radio.com management team's decision is final and it is a condition of entry to any competition that the entrant agrees to be bound by these rules whether they be published or not, and that the decisions of the EVE-Radio.com management team on any matter whatsoever arising out of or connected with the prize draw are final. No purchase of a subscription is necessary and no more than one entry per household.
THE SERVICE AND THE CONTENT ARE PROVIDED TO YOU ON AN "AS-IS" BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT ALLOWED BY LAW, EVE-RADIO.COM AND ITS SUBSIDIARIES, AFFILIATES AND SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. USE OF THE SERVICE OR CONTENT IS ENTIRELY AT YOUR OWN RISK. Some jurisdictions do not allow the exclusion of implied warranties or conditions, so the aforementioned exclusion may not apply to you.
10. LIMIT OF LIABILITY
TO THE MAXIMUM EXTENT ALLOWED BY LAW, IN NO EVENT SHALL EVE-RADIO.COM OR ITS SUBSIDIARIES, AFFILIATES OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER ARISING OUT OF THIS AGREEMENT, OR THE USE OF OR INABILITY TO USE OR THE RESULTS OF USING THE SERVICE OR THE CONTENT, EVEN IF EVE-RADIO.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH EVE-RADIO.COM RELATED TO THIS AGREEMENT OR THE SERVICE OR CONTENT SHALL BE CANCELLATION OF THE SERVICE. IN THE EVENT A COURT AWARDS DIRECT DAMAGES IN SPITE OF THE FOREGOING, YOU AGREE THAT SUCH DAMAGES SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE SERVICE. Some jurisdictions do not allow the limitation of liability for incidental or consequential damages, so the aforementioned limitation may not apply to you.
11. GOVERNING LAW
This Agreement shall be governed by the laws of England and Wales, without regard to choice of law provisions, and you consent to the jurisdiction of the Courts of England and Wales. This Agreement will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.
If any provision of this Agreement is held to be invalid or unenforceable, such decision will not affect the validity or enforceability of such provision under other circumstances, or of the remaining provisions of this Agreement under all circumstances. Failure to enforce any provision of this Agreement, on any one occasion, will not affect the right to enforce other provisions, or the same provision on another occasion.
13. ENTIRE AGREEMENT
This Agreement, including any referenced documents, constitutes the complete and exclusive agreement between you and EVE-Radio.com, and supersedes all prior oral or written agreements, representations or understandings between you and EVE-Radio.com. You may not modify this Agreement in any way or assign it to any other individual or entity without EVE-Radio.com's prior written consent. EVE-Radio.com's provision of Service to you is expressly made conditional on your acceptance of the terms set forth herein.
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