The following terms and conditions (the “Terms of Service”) apply and continue to apply from your first use of the services provided on radiostream.ca (the “Site”). Please read the Terms of Service and make sure you understand them. Your use of the Services constitutes your agreement to be bound by these Terms of Service. If you do not agree with the terms of these Terms of Service, then do not use the Services. These Terms of Service may be amended and updated from time to time. You should review these terms periodically, and each use of the Service is subject to the then-current form of the Terms of Service.
The Services are provided by RadioStream Canada LTD, registered in the United States and Canada. Our registered office is 886-2785 Commercial Drive Vancouver BC V5N 4C5, Canada (“RadioStream”, “we” or “us”). We make certain streaming audio and platforms available to customers on our Site for the purposes of broadcasting their licensed programming, providing a digital medium for online broadcasters and services. Some of the Services may be provided by sub-contractors acting on our behalf.
It is agreed as follows:
1. The definitions and rules of interpretation in this clause apply in the Terms of Service:
2. Clause headings shall not affect the interpretation of the Terms of Service.
3. A person includes an individual, corporate, or unincorporated body (whether or not having separate legal personality) and that person’s legal and personal representatives, successors, or permitted assigns.
4. A reference to a company shall include any company, corporation, or other body corporate, wherever and however incorporated or established.
5. Words in the singular shall include the plural and vice versa.
6. A reference to one gender shall include a reference to the other genders.
7. A reference to a statute or statutory provision is a reference to it as it is in force, for the time being, taking account of any an amendment, extension, or re-enactment and includes any subordinate legislation for the time being in force made under it.
8. A reference to writing or written includes e-mail but not faxes, unless otherwise specified.
9. References to clauses are to the clauses of the Terms of Service.
D. Use of the Radiostream Services
1. As a condition of your (“you” or “your”) use of the Site and the Services, you agree that:
2. Subject to your compliance with the terms and conditions contained in the Terms of Service, we hereby grant to you a non-exclusive, non-transferable and time-limited right to use the Services solely for the Purpose.
3. You shall not, and shall not permit Authorized Users, to access, store, distribute or transmit any Viruses, or any material during the course of your use of the Services that:
4. You shall not, and shall not permit the Authorized Users to:
1. except as may be allowed by any Applicable Law which is incapable of exclusion by agreement between the parties:
attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit or distribute all or any portion of the Software in any form or media or by any means; or
attempt to reverse compile, disassemble, reverse engineer, or otherwise, reduce to human-perceivable form all or any part of the Software; or
access all or any part of the Services to build a product or service which competes with the Services; or
use the Services to provide services to third parties, except where explicitly indicated on the Site; or
license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Services available to any third party except you or the Authorised Users, or
attempt to obtain, or assist third parties in obtaining, access to the Services and/or Documentation, other than as provided under this clause.
5. You shall use all reasonable efforts to prevent any unauthorized access to, or use of, the Services and, in the event of any such unauthorized access or use, promptly notify us.