TERMS OF USE

Please take time to read carefully before using the Services.

These Terms and the Privacy Policy is a legal agreement between you and Bambwa which apply and govern your access to and use of the Services.

If you do not agree, please do not access or use Bambwa’s Services. If you decide to access or use the Services you agree to be legally bound by the Terms.

Please note that you may use the Services only if you have the legal capacity to enter a binding agreement with Bambwa. Thus, you must be over the age of 18 years (or the equivalent minimum age in your home country), or – provided you are over 13 years – you have the express permission from your parents or legal guardians to use the Services.

1. WHO ARE BAMBWA

Bambwa AB (“Bambwa”, “we”, “our” or “us”) provides internet radio channels and broadcasting services on its’ website or through its Apps (“Services”). Bambwa is a Swedish company, org. no 559090-0931, located at Norra Västkustvägen 4, 237 37 Bjärred, Sweden.

2. YOUR ACCESS TO THE SERVICES

Your access to the Services are provided for free, on an as-is basis, and without any obligations for you to become a registered member. This means that we do not guarantee that the Services will work with all devices, be accurate or that the Services will meet your requirements, be uninterrupted, secure or error-free.
Your access to the Services is your responsibility. You need to ensure that you have compatible hardware, software, internet access and that you, or any other person that access the services through your device or internet connection, comply with these Terms of Use.

We will continue to develop and improve the Services. Thus, you accept that the access to the Services, for example regarding functionality and content, will change from time to time and that such changes may be implemented without prior notice to you.

We reserve the right to restrict, suspend or close your access to the Services at any time for any reason. We will not be held liable for any such suspension.

3. YOUR USE OF BAMBWA’S APP OR SOFTWARE

If you download our App or use other Bambwa software to access the Services, please note that the App is licensed, not sold, to you. Thus, we retain all ownership of the App or software even after installation thereof on your desktop, mobile, tablet or other device. However, we grant you a limited, non-exclusive, revocable, non-sub-licensable and non-transferable license to download, run and use the copy of the App or software.

4. RESPONSIBLE USE

You are responsible for all your use of the Services and agree to use the Services responsible.
This means that you may not use the Services in any way that is illegal or abusive, or infringes any intellectual property rights, or are prohibited under these Terms of Use. You may not attempt to gain unauthorized access to any portion or feature of the Services, nor breach any security measures or interfere with the proper working of the Services. Please find a more detailed outline of responsible use under Explanation of Restrictions, section 9 below.

5. YOUR PRIVACY

Your privacy is important to us and we will protect and manage the information in accordance with applicable personal data laws. The Privacy Policy describes how we collect, use, disclose, transfer, and store information about you.

The use of our Services is voluntary. If you choose to use the Services, certain personal information will be transmitted to us or collected through the Services. Therefore, if you decide to use the Services you are also accepting the Privacy Policy and giving consent to Bambwa collecting and using your information for the purposes described in the Privacy Policy.

6. THIRD PARTY ADVERTISING, SITES AND SERVICES

Our Services are ad supported and may contain advertising and sponsorship from third parties, including links to other online or mobile services provided by third parties. Advertisers and sponsors are responsible for ensuring that the material submitted for the Services complies with applicable laws. We do not make any representation for the third party services and we disclaim all responsibility for any error or inaccuracy in advertising or sponsorship material presented under the Services.

Your use of links in the Services to a third party site or offering is made at your own risk. We are not a party to or in any way responsible for any transaction relating to goods and services of such third party. If you decide to use third party links or Apps you may need to enter into a separate agreement with the third party provider subject to their terms of use. It is your responsibility to follow such terms. If you do not agree to the third party supplier’s terms, we recommend that you do not download their software or engage in transactions with them.

Our Privacy Policy does not apply to third party sites and services.

7. THIRD PARTY CONTENT

By using the Services you may temporarily gain access to, or receive content such as audio recordings, audio-visual recordings, video, images, graphics, artwork, texts, files, software, trademarks, trade names, titles, artist names and metadata. Some if this content will be the property of third parties, such as record labels, and protected by copyright and other intellectual property. All rights to the aforementioned content are reserved for such third parties and the restrictions listed under Intellectual Property below apply.

8. INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated all content, text, graphics, trademarks, user interfaces, sounds, music, artwork and software code, including but not limited to our website design, “look and feel” (“Intellectual Property”) is owned, controlled or licensed by or to Bambwa and is protected by copyright, design and trademark laws, and other intellectual property rights and unfair competition laws.

All unauthorized use of Intellectual Property is strictly prohibited. In avoidance of doubt, your use is subject to the restrictions below:

  • You may only use Intellectual Property, including third party content, for personal, non-commercial purposes.
  • You have no right to modify any Intellectual Property, including third party content, or circumvent any territorial restrictions applied to the Intellectual Property.
  • You have no right to copy, distribute or otherwise use the Intellectual property, including third party content, for any purpose except as for using the unmodified Services under these Terms of Use.
  • You may not license or transfer any of your rights under these Terms of Use.

Third party software included in the Services, such as open source software libraries, are licensed to you either under these Terms of Use or under the relevant third party’s license terms as presented in the application settings and/or on Bambwa’s website.

9. EXPLANATION OF RESTRICTIONS

You agree that you may not; (a) modify, translate, alter, decompile, disassemble (except to the extent that this restriction is expressly forbidden by law) or make derived software based on the Services or; (b) copy software pertaining to the Services (c) rent, lease, sub-licence, assign or in any other way transfer the rights to the Services or parts thereof; (d) erase notices, if any, regarding intellectual property rights.

You agree that you may not: (a) use the Services for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of Bambwa or others; (b) use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or method, or any similar manual process, to access, acquire, copy or monitor any portion of the Services; (c) attempt to gain unauthorized access to any portion or feature of the Services, or any other systems or networks connected to the Services by hacking or any other illegitimate means; (d) probe, scan or test the vulnerability of the Services, nor breach the security measures on the Services; (e) reverse look-up, trace or seek to trace any information on any other user of the Services; (f) use any device, software or routine to interfere or attempt to interfere with the proper working of the Services or any other person’s use of the Services; (g) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Services.

10. DISCLAIMER OF WARRANTIES

You agree that your use of the Services is at your own risk. The Services are provided on an “AS IS” basis without warranties of any kind. In avoidance of doubt, Bambwa makes no warranty and disclaim all responsibility and liability for (a) accuracy, availability, security or reliability of the Services, (b) any harm to your mobile device, computer system, loss of data from the use of the Services, or (c) that the Bambwa Services will meet your requirements or be available on an uninterrupted, secure or error-free basis.

11. LIMITATION OF LIABILITY

IN NO EVENT, BUT SUBJECT TO WHAT IS PERMITTED UNDER APPLICABLE LAW, BAMBWA SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR INJURY OR FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR EXEMPLARY DAMAGES, HOWEVER CAUSED, WHETHER FOR BREACH OF WARRANTY, CONTRACT, TORT, NEGLIGENCE OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY CLAIMS RELATING TO LOST DATA, GOODWILL OR INTELLECTUAL PROPERTY INFRINGEMENT RESULTING FROM (A) YOUR USE OF THE BAMBWA SERVICES OR INABILITY TO USE THE BAMBWA SERVICES, (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE BAMBWA SERVICES, (C) ANY CONTENT OBTAINED FROM THE SERVICES, OR (D) UNAUTORIZED ACCESS, USE OR MODIFICATION OF YOUR CONTENT OR TRANSMISSIONS, EVEN IF BAMBWA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF SUCH DAMAGES WERE FORESEEABLE.

12. GENERAL TERMS

You may not assign any rights or obligations under this Agreement without our prior consent.
In the event that any provision is determined to be unenforceable or invalid such provision shall be modified to the extent necessary to render it enforceable without losing its intent. If no modification is possible the provision shall be severed from the Terms of Use and remaining provisions shall remain in full force and effect.

If we restrict, suspend or close your access to the Services we have no responsibility or liability to you.

These Terms of Use shall supersede any prior agreements, arrangements and understandings and constitutes the entire agreement between the parties relating to the subject matter hereof.

13. GOVERNING LAW AND JURISDICTION

Any disputes arising out of or related to this Agreement shall be governed by the substantive laws of Sweden, unless otherwise required by a mandatory law of any other jurisdiction. Any claims or disputes whatsoever arising hereunder shall be submitted to the exclusive jurisdiction and venue of the courts of Sweden.

14. CHANGE OF TERMS OF USE

These terms were originally published on April 3, 2018. We may at any time update and modify the terms and conditions of these Terms of Use if the Services develops or for legal or regulatory reasons. Since we do not register you contact details we will not be able to provide notice of changes to you. Thus, please review the terms and conditions herein periodically. Your continued use of the Services will be conditional upon the terms of use in force at the time of your use and will be deemed as an acceptance of any changed Terms.