I. Use of the Site
These terms of use (hereinafter referred to as the Disclaimer) apply to the site
www.Radionomy.com
, (hereinafter referred to as the "Site"). This Site has been created
and is managed by Radionomy SA, whoseregistered office and operating headquarters
are located at 55K Boulevard International 1070 Brussels,BELGIUM, and whose company
number is BE 0892.300.624.Consultation and use of the Site automatically implies
full acceptance of the Disclaimer. Access to information contained in the site is
free of charge, but implies that the user has read and accepted theDisclaimer. When
a visitor (hereinafter "you") continues consultation of the Site, this
means that he has formally accepted the content of the Disclaimer.Access to the
site is open and free of charge. If applicable, you must register on the Site, communicatecertain
data and possibly create an access code or a password to use certain services proposed
in the Site.If you do not accept the conditions of the services, or the policy on
respect of privacy of these services, youcannot use the services proposed. If there
is a charge for access to certain services, you will be informed atthe appropriate
point before you register, and the applicable conditions, prices and means of payment
will beindicated. By simply using the Site, you accept the Disclaimer fully and
unconditionally and you undertake to comply with all the clauses. In the case of
refusal of all or part of the Disclaimer, we recommend you refrain from visiting
or using the Site.These conditions apply to the use pages on the Site. At the same
time, other conditions or on-line contracts are included in the Site for special
situations or services proposed by the Site, such as relations withMembers, Radio
Creators, Content Providers, forums, etc. These conditions will be proposed to you
andyou must formally accept them before any use of these services or special situations.Radionomy
reserves the right to adapt the Disclaimer at any time, without prior notice, particularly
in view ofevolution in the law or jurisprudence. Consequently, we recommend consulting
the Disclaimer regularly tobecome familiar with the most recent version. Insofar
as possible, in the event of a substantial modificationof the Disclaimer, information
on this subject will be proposed on the Site.
In principle, the Site is accessible continually, except for interruption, scheduled
or other, for maintenance or in the case of unforeseeable circumstances. Radionomy
can under no circumstances be held liable for damages, of any kind whatsoever, resulting
from the non-availability of the Site.
II. Information proposed by the Site
Radionomy continually manages and adapts the Site in order to give visitors the
most recent information onits products, services and activities. The purpose of
the Site is to inform visitors as well as possible. If mistaken information is published,
Radionomy will make every effort to correct it as soon as the error is discovered.
Radionomy cannot be held liable for the accuracy or exhaustiveness of the informationconsulted
on the Site. Information published on the Site is of a general nature, and is not
designed to respond to an individualneed; it is not necessarily complete or up to
date, and does not constitute professional advice or recommendations. Radionomy
does not guarantee the legality of the information published or proposed by the
Site (including the advertising messages that are published under the responsibility
of the advertiser).The content of the Site (including the hyperlinks) can be adapted,
modified or completed at any time withoutprior notice or communication of any kind.The
purpose of this site is purely informational, and no order or application for services
will ever be finalizedby simply visiting the Site. Consequently, the site does not
constitute a firm offer, and any commercialrequest will always be subject to your
registration on the Site under the appropriate headings and theacceptance of Radionomy
that need not justify its decision. Confirmation from Radionomy will always be necessary.
III. Radionomyʼs liability
Radionomy does not guarantee continual availability, without error or interruption,
of all functions of the Site,nor the immediate repair of errors, nor the total absence
of viruses or any other harmful elements on the Siteor originating from the Site.
Radionomy therefore cannot be held liable for any loss or damage (direct,consequential,
material or intangible) incurred in relation with the use of the Site or the impossibility
of usingthe Site. Radionomy refuses any liability in the event of inappropriate
or fraudulent use of the informationsupplied on the site.
IV. Hyperlinks to the Site
The creation of links to the Site must be communicated to the administrator of
the site. The link must be designed in such a way so that a new, additional window
opens in the navigator proposing the home page ofthe site exclusively. Deep linking
is prohibited.
V. Hyperlinks to other sites
The Site can contain direct and indirect hyperlinks to other sites of institutions
and private parties that areeither related to Radionomy, or totally independent
of Radionomy. Radionomy can under no circumstances be held liable for any content
or privacy policy of any kind that may be part of a site to which the Siteproposes
a link. The creation of hyperlinks to one or several other sites, including links
established withinthese sites, in no way means that there is an association, partnership,
membership or approval of any kindwith the institution proposing these sites.As
soon as Radionomy becomes aware of any illegal content, or content not corresponding
to the objectivesought, on a site to which a link is identified by the Site, the
hyperlink will be withdrawn from the Site, withoutthis entailing any liability of
Radionomy for the period during which the hyperlink was proposed on the Site.Radionomy
cannot be held liable for errors in the addresses of web sites or domain names given
on the Site.
VI. Content proposed by the users of the Site
Certain users of the Site will have the opportunity to use and supply content
(video, audio, text, photographicmaterial or other) and to place it in part of the
Site intended for these users. In the context of contractualrelations between Radionomy
and these users, the users give Radionomy explicit authorization to reproduceand
communicate the content they have proposed to the public via Internet in the entire
world, withoutlimitation in time. Users are entirely and exclusively liable for
the content of their contribution(s) and the consequences of its being broadcast
on the Site. On this subject, Radionomy has the role of a technical intermediary
and hostonly. The users have contractually guaranteed Radionomy that they own all
the rights and have allnecessary authorizations for reproduction and communication
to the public on the Site, as concerns copyright, related rights, intellectual property
rights, use rights, and in a general way they guarantee Radionomy against any third-party
action. The users have also undertaken not to propose illegal content or content
that is prejudicial to a third party.Radionomy does not have the possibility to
exercise prior control of all content proposed by users and is notin a position
to report infringements of third-party rights. Nevertheless, Radionomy expressly
reserves theright not to broadcast or to delete from its Site any illegal content,
or any content for which it can reasonably suppose, or which it has learned from
a visitor or an interested third-party, that it constitutes an infringementof third-party
rights, as soon as Radionomy becomes aware or has any suspicion of infringement
of suchrights, and will do so immediately, without first informing the user who transmitted
the content in question andwithout being required to show proof of the possible
illegality or infringement of third-party rights.In the case of deletion of content,
Radionomy reserves the right to inform any user concerned a posteriori,and to take
any appropriate measures to prevent reoccurrence, including the temporary or definitiveprohibition
to use the Site or all or part of the services proposed. In the event of illegal
or prejudicial content,Radionomy can take all necessary and adequate measures without
notice, including notifying the competentjudicial authorities or other control authorities.If
you observe or think you observe content that seems illegal, shocking or reprehensible,
or for which yousuppose that your rights or the right of third parties have been
infringed by the broadcasting of the contentproposed by users of the Site, you can
point this out by sending an e-mail to the address
notification@radionomy.com , specifying the address of the page of the Site
in which you found this content,the date and the time on which you made this observation,
and the reasons for which you feel the contentshould be withdrawn.
VII. Intellectual property
The texts, photographs, page-make up, layout, slogans, illustrations and other
elements appearing on thesite www.Radionomy.com
are protected by copyright. The trade name Radionomy™, logos, drawings, slogans
and databases are protected. Any copy, adaptation, translation, arrangement, utilization
or modification of all or part of the Site, in any form and by any means whatsoever
is strictly prohibited withoutprior written authorization from Radionomy. The users
of the Site expressly undertake to fully comply withcopyright belonging to Radionomy
or to third parties. Radionomy reserves the right to take all measures thatit considers
adequate in order to prevent or terminate infringement of its copyright, without
any incurring any liability as a result of these measures. Radionomy only authorizes
the visitor to copy, print and use the dataon the Site, subject to the sole condition
that these data are intended for the visitorʼs information to the exclusion of any
multiplication, distribution or commercialization thereof.
VIII. Privacy
Radionomyʼs policy for the respect of privacy concerning simple visitors to the
Site is accessible in the ʻPrivacy policyʼ page of this section.
IX. Liability of the visitor
By gaining access to the information proposed on the Site, you waive any complaint
or recourse of any kindwhatsoever against Radionomy concerning the use of the data
or information made available to you on theSite. Radionomy can under no circumstances
be held liable in the event of damage of any kind, be itconsequential or fortuitous.
Similarly, by gaining access to the information proposed by the Site, you acceptto
assume all risks inherent to the use of the Site and waive any claim against Radionomy,
including the risk of damage caused to a computer, software or to data by a virus
that may be transmitted or activated by theSite or by the fact that you have gained
access to it.Security of the Site
To ensure security of the Site, Radionomy will take all necessary measures such
as security audits,encryption techniques, secured environment and all reasonable
measures and procedures given the state ofthe art in the field. Certain zones of
the Site can be reserved and subject to access procedures. In the eventof an attack
of the Site, computer crime, or any other unauthorized attempt to gain access to
all or part of theSite, Radionomy will use all legal means at its disposal to maintain
the integrity of the Site and will do so incollaboration with the competent judicial
and police authorities.
X. Nullity of a clause
Any nullity, illegality or non-applicability of one or several clauses of the
Disclaimer will not result in the nullityor non-applicability of the other clauses.
The provision that is totally or partially illegal, null or inapplicablewill be
deemed null and void, all other provisions remaining in application. The provision
declared null and void will then be replaced by another provision with the same
effect.Applicable law
Your visit to the site implies your agreement with this Disclaimer, and therefore
constitutes an on-lineagreement; you accept that Belgian law governs any challenge
or action pertaining to the Site and any dataappearing on it. On consulting the
Site, you recognize the jurisdiction of the courts of Brussels, Belgium, andyou
accept to launch proceedings before those courts only.