These are the Terms and Conditions (" Terms") of VisualRadioAssist B.V. ("VisualRadioAssist," "we," "us" or "our"), a company having its address at Telwal 25, 8375 CL, in Oldemarkt.By accessing or using (mobile) applications, websites or any other service (together, the " Service") made available by VisualRadioAssist, however accessed, you agree to be bound by these Terms. The Service is owned or controlled by VisualRadioASsist. These Terms affect your legal rights and obligations. If you do not agree to be bound by all of these Terms, do not access or use the Service.
Article 1 - Applicability
These terms and conditions apply to all services offered by VisualRadioAssist, to every agreement entered into between VisualRadioAssist and a User (as defined hereafter) on our websitewww.visualradioassist.live, server software and corresponding 'Control Panel' (' VRA') and all legal relations and all (legal) acts that may derive therefrom.
By making use of VRA and the services of VisualRadioAssist you accept to be bound by these terms and conditions.
' Users' is understood to mean all individuals and all legal entities that visit VRA, log into VRA, and-/or use the information disclosed on VRA, share and/or place information.
VisualRadioAssist will forward the terms and conditions without cost upon request. The terms and conditions are also available onwww.visualradioassist.live/.
The aforementioned definitions will be applied both in singular and plural in this agreement.
Article 2 - VisualRadioAssist
VisualRadioAssist B.V. supplies a software solution, VisualRadioAssist / 'VRA' for the purpose of automating Visual Radio within broadcasters' radio studios. Users can, among other things, create links with radio automation, switch images on microphones, create content and/or plan programs.
Article 3 - Use of VRA
User must comply with Dutch and other applicable law and regulations when using VRA.
User is prohibited from spreading the following through VRA:
Plagiarism and/or earlier published content;
Pornographic videos, images or other media with an erotic content;
Texts or images that are insulting, racist, discriminating or hateful;
Unsolicited advertising (spam);
Incorrect or misleading information; and/or
Viruses, malware, spyware or other software that is meant to damage our or other Users' computers.
User is prohibited from creating an account under someone else's name or pretending to be someone else in any way.
User is prohibited from contacting other Users for commercial purposes other than for which VRA is intended.
If User wishes to report another User for exploitation of VRA, than User may send an email to firstname.lastname@example.org.
VisualRadioAssist reserves the right to amend or omit information that was provided to User before said information is expressed to Users and/or published on VRA.
Article 4 - Prices and Payment
All prices applied by VisualRadioAssist are exclusive of VAT.
The VisualRadioAssist license is offered for a fixed amount. The cost for this license will be paid one time. This gives the right of use of VisualRadioAssists' software including the applicable updates in the agreed license.
The VisualRadioAssist Plus License gives the right to support and updates as defined in the License agreement and enclosed License Plus SLA. The Plus License is not available with a Lite package, optional with a Pro package and required with an Enterprise package.
Invoices sent by VisualRadioAssist must be paid in full within 14 days of the invoice date.
In the event of late or non payment, User is in default by law without formal notice. In that case, User is with effect from the date of due payment, due the legal interest up to and until the day of complete and total payment where the interest of a part of the month will be calculated over an entire month.
When a User is in payment default, because for example due payments cannot be debited by VirtualRadioAssist, then VisualRadioAssist reserves the right to cancel the concerning Users' account.
VisualRadioAssist is authorised to increase the prices:
a. In the case of legal price increase;
b. Within three months of conclusion of the agreement and if this is the result of legal regulations or provisions; and/or
c. Three months after conclusion of the agreement if the increase is not unreasonable.
Article 5 - Liability
VisualRadioAssist is not a party in the concluded agreements between Users and can therefore in no way be held responsible for the agreements between Users. In the case of a conflict, Users must solve this themselves.
VisualRadioAssist can only be held liable for direct damage occurred through gross negligence or intent on behalf of VisualRadioAssist and up to a maximum of one time the amount as stated in the invoice.
VisualRadioAssist cannot be held liable for damages occurred or that might occur through any acting or lack thereof in connection with the information on VRA or that of:
a. linked websites, also not in reference to shortcomings; and/or
b. inaccuracies within the information made available by us.
VisualRadioAssist cannot be held liable for errors and/or irregularities in the functionality of VRA and cannot be held liable for interferences or VRA being unavailable for a certain time due to any other reason.
VisualRadioAssist will take care in securing all Users' and third party data as can be reasonably expected from VisualRadioAssist. VisualRadioAssist cannot be held liable for loss of data or unauthorized access to data that may occur despite the care taken by VisualRadioAssist. VisualRadioAssist can also not be held liable for loss of data or unauthorised access that may occur as a result of the transmission of data across public networks or through the use of third party networks and systems.
Article 6 - Claims
Claims received by VisualRadioAssist will be answered within 3 days from the date of receipt.
The right to (partial) reimbursement of the price or compensation will expire if the claim has not been made within 30 days, unless an increased time limit is the result of the nature of the case.
Article 7 - Involving Third Parties
VisualRadioAssist reserves the right to involve, where necessary, third parties during the execution of the services. VisualRadioAssist is not obligated to personally inform User about said involvement. The use of the services of VisualRadioAssist implies that User authorises VisualRadioAssist to accept possible limitations of liability of third parties on behalf of User.
VisualRadioAssist will take extreme care into account when involving third parties. VisualRadioAssists can however not be held liable for the actions or lack thereof on behalf of said third parties, unless it involves intent or gross negligence by VisualRadioAssist.
Article 8 - Invalidity
If a provision within these terms and conditions turns out to be invalid and/or ineffective, VisualRadioAssist and User will remain bound to the remaining provisions of these terms and conditions. VisualRadioAssist will replace the invalid and/or ineffective provision(s) with a provision that is binding and of which the scope is as similar as possible as the provision to be replaced, while taking into account the objective of these terms and conditions.
Article 9 - Amendments
We reserve the right, in our sole discretion, to change these Terms (" Updated Terms") from time to time. The most current version of the terms and conditions can be found on https://visualradioassist.live/terms.
Article 10 - Other Provisions
VisualRadioAssist reserves the right to make amendments to the design or functioning of VRA including the principle technical mechanisms at any time.
These terms and conditions do not only apply to VisualRadioAssist and her Users, but also to other individuals that are involved or have been involved with the use of services or to anyone whom in relation to this can be held liable. This also applies to their legal successors.
Artikel 11 - Governing law and jurisdiction
These Terms, and any non-contractual obligations arising out of or in connection with it, are governed by and construed in accordance with the laws of the Netherlands.
All disputes between VisualRadioAssist and User shall be submitted exclusively to the competent court of law in Overijssel, the Netherlands.