Please take time to read carefully before using 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.
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.
5. YOUR PRIVACY
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.
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.
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.
If we restrict, suspend or close your access to the Services we have no responsibility or liability to you.
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.