ANY PERSON OR ENTITY (“User” or “You”) USING OR OTHERWISE ACCESSING THE WEBSITE AT www.prazor.com (“Site”) OR THE APP KNOWN AS “Prazor” (“App”) OR ANY OF THE CONTENT CONTAINED WITHIN THE SITE OR THE APP MUST AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS OF THIS USER AGREEMENT (“Agreement“).
PERSONAL DATA: You agree to provide only true, accurate and complete information to us via the Site and the App. Any personal information provided by Users will be treated with appropriate care and security in accordance with our Privacy Policy. By agreeing to this Agreement you expressly agree to the terms of the Privacy Policy.
PERSONAL DATA: You agree to provide only true, accurate and complete information to us via the Site and the App. Any personal information provided by Users will be treated with appropriate care and security in accordance with our Privacy Policy. By agreeing to this Agreement you expressly agree to the terms of the Privacy Policy.
Contracting parties.
The Site and the App, together with all content, data, information and other materials contained therein (“Content”) are owned or controlled by PRAZOR Inc, a Delaware business with its postal address at PO Box 1512, Vero Beach, Florida 32961, USA. Prazor is referred to in these terms and conditions as “we“, “us“, “our” or “Prazor”. You must register with us, and create your own user account, to fully use the Site, the App and the Service, and when you register with (or otherwise access) the Site and/or the App, you are contracting with Prazor. Please note that you must be 13 years of age or older to register or use the services available via the App or the Site. By continuing to use such services, you are warranting that you are at least 13 years old and you have the authority to enter into this Agreement.
Passwords.
You will need a valid email address to become a registered user. You agree: to keep your password secure and confidential and to not allow anyone else to use your email address or password to access the Site, the App or any Content; to not do anything which would assist anyone who is not a Registered User to gain access to any secured area of the Site and/or the App, and; to not create additional registration accounts for the purpose of abusing the functionality of the Site, the App or any Content, or other Users, or to seek to pass yourself off as another User, or to impersonate any other third party. If you think someone else has obtained your account details, please let us know immediately via [email protected] and we will close your account as quickly as possible. Please note that you will be responsible to Prazor and to others for all activity that occurs under your registration account.
The Prazor Service. The service, available via the Site and the App, is a content streaming service providing Users with access to audio, video and literary content for news, educational and entertainment purposes, including a selection of radio channels of streamed audio content (“Service”). The Service may feature advertisements and/or sponsorships and is provided free of charge to Users, though Users are welcome to make donations to Prazor for the purposes of continuing operation of the Service by clicking HERE. The Service may also be available via subscription or other premium basis from time to time.
Use of Content.
Except as otherwise indicated on the Site and/or App, we grant you a non-exclusive, non-transferable, limited license to view and play the Content solely for your personal, informational, and noncommercial purposes as specified within the Service. Your use of the Site, the App and/or all Content is entirely at your own risk. Please note, whilst we endeavor to provide accurate and up-to-date information, the Content may not be wholly accurate or up-to-date, complete or free of defects, and is subject to change, often at very short notice. All Content is provided without any representations or warranties of any kind (implied or express) to the fullest extent permitted by applicable law. Prazor, unless otherwise stated herein, owns or controls all relevant intellectual property rights in the Site, the App and the Content. You may not publish, distribute, extract, re-utilize, or reproduce any part of the Site, the App or the Content in any form (including storing it in any medium) other than as expressly allowed herein or as set out in the Site, the App and the Content (or under local law). The Site, the App, the Content and the Service are for your personal, non-commercial use only, and are not for sale, re-distribution, transfer, assignment or sublicense.
User Content.
Prazor may display or communicate comments, discussions, forums or other interactive features in which Users may post or upload content to the Site and/or the App (“User Content”). Any User Content which contains content that infringes the copyright of a third party may be removed on request by a relevant rightsholder or for any other reason. As part of our copyright policy, we will terminate access to the Service for any User if, in our reasonable opinion, that User is determined to be a repeat infringer (or otherwise has been the subject of more than one valid copyright notice or Take Down request which has not been successfully rebutted).
Ownership of User Content.
We are pleased to hear from our loyal fans and we welcome your comments and/or other of your owned content that you may wish to send to us (“User Content”). We request that your comments relate to solely to the Service and the Content. You retain ownership of all rights you hold in your User Content. When you upload material to the Site or the App you hereby grant to Prazor a worldwide, non-exclusive license to Prazor (and its sub-licensees) to use that material to provide the Service and for reasonable promotional purposes (including without limitation by exhibition via the Service and/or on other services). You further agree to waive your moral rights for the purposes of this license. Where necessary, we reserve the right to cut, edit, crop or arrange your User Content as necessary in our discretion. Unless you have requested otherwise, your name may be published alongside your material. If you do not want to grant these rights, please do not submit material to the Site and/or the App.
Code of Conduct for User Content.
You agree to obey all applicable laws in using the Site and/or the App. You agree that you are responsible for everything that you post or transmit to or via the Service and you agree (in relation to the Site and/or the App):
Objectionable Material.
If you encounter or become aware of any objectionable or infringing or unlawful content posted anywhere on the Site or the App, please immediately report such material (and the specific page on which it is found) to [email protected]. Please note that there may be adverse legal consequences if you make a false or bad faith allegation through this process.
No Endorsement of User Content by Prazor.
We do not pre-screen or monitor and therefore do not endorse (and we expressly disclaim any and all liability in connection with) any User Content or any other materials uploaded or exhibited or otherwise exploited by Users. However, we have the right at our sole discretion to remove any content of any kind that, in our judgment, does not comply with this Agreement and any other rules of User conduct for the Service, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content.
Content Storage.
Upon registering with Prazor, you will be assigned one (1) User account. Prazor limits the maximum amount of disk space per account for storing your User Content to a reasonable amount of server space (as determined in our sole discretion). You agree that we have no responsibility or liability for the deletion or failure to store any content maintained or transmitted on or through the Service. You acknowledge that we have the right, at our sole discretion, to terminate your account, limit the number of transmissions you may send or receive through the Service, or limit the amount of storage space, bandwidth, or other resources you may use. You acknowledge that we reserve the right to terminate any User account and/or delete any User Content if the account has been inactive for a three (3) month period or for any other reason at any time in our sole discretion. You are solely responsible for making backup copies of any and all of your User Content. Do not rely upon the Service as a primary storage space for your User Content. You should preserve backup copies of any digital data, information or other materials that you have uploaded.
Termination of this Agreement.
Prazor may at any time terminate this legal Agreement, in our sole discretion without prior notice to you and without reimbursement, if we believe that you may have breached (or acted in a manner indicating that you do not intend to or are unable to comply with) any term herein, or if we are legally required to do so by law, or if continuation is likely to be no longer commercially viable. You acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
Liability.
Because the Service seeks to provide Users with new and innovative features and services, it may, without prior notice, change the method or frequency of availability of the Service, or create limits for such use. Prazor may also suspend (temporarily or permanently) access to the Service, without notice, for any or no reason. Upon termination or suspension of the Service, however, you will continue to be bound by this Agreement. You agree that the liability of Prazor to you hereunder shall be limited to the amount you have actually paid to Prazor for products or services hereunder of, if greater, US$100. No claim may be brought by you more than two years from the event triggering the claim. Except as set out herein, Prazor shall not be liable for any indirect or consequential loss of any kind in contract, tort or otherwise arising out of your use of the Site, the App or the Content or in relation to the goods and/or services that we provide. Nothing in this Agreement shall operate to limit or exclude liability for death or personal injury or fraud caused by negligence.
Warranties.
You warrant and represent that you have (and will continue to have during your use of the Service) all necessary licences, rights, consents, and permissions which are required to enable Prazor to store, stream and otherwise use your User Content for the purposes of the Site and/or the App and that you personally created all content (and all materials contained within content) that you upload to the Site and/or the App, and that (save for the underlying song within a Cover Video, where you have identified that song at the time of your upload) you own or control all rights in your User Content.
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW IN YOUR TERRITORY, THE PRAZOR SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, PRAZOR MAKES NO WARRANTY THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS, (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS OBTAINED FROM THE USE OF THE SERVICE WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY MATERIALS OR SERVICES OBTAINED BY YOU FROM THE SITE OR THE APP, FROM US, OR FROM ANY THIRD PARTIES’ WEBSITES TO WHICH THE SITE OR THE APP IS LINKED, WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS. THE USE OF THE SERVICE, THE UPLOADING OF USER CONTENT, OR THE ACQUISITION OF ANY MATERIALS OR CONTENT THROUGH THE SITE OR THE APP OR THROUGH THIRD PARTIES’ WEBSITES, IS DONE AT YOUR OWN RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER DEVICE OR SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
Indemnity.
You agree to indemnify Prazor for any loss or damage that may be incurred by Prazor, including without limitation legal fees, arising from any breach by you of any warranty or other term herein or your misuse of any material or information obtained through the Site, the App or the Service. You further undertake to indemnify Prazor for all loss or damage incurred by Prazor in relation to any third party claim against Prazor for infringement of intellectual property rights arising in relation to your provision of materials to the Site, the App and/or the Content.
Complaints.
If you believe that you are the owner of the copyright or other rights in any material appearing on the Site or the App, or if you have any other complaint about the Site, the App or any Content or other posted materials, please contact us via [email protected] If you would like to notify us of content, which you believe does not comply with this Agreement or otherwise is objectionable, please notify us via [email protected] (making sure to include both the Uniform Resource Locator (“URL”) for the non-complying content and the reasons you believe it does not comply).
Trade Marks.
The brands, products and service names used in the Site, the App and the Content (including without limitation, “Prazor” and “Flowing Streams”) are trademarks or trade names of Prazor or its trading partners unless otherwise stated.
Hacking.
You agree and undertake not to attempt to damage, deny service to, hack, crack, reverse-engineer, or otherwise interfere (collectively, “Interfere“) with the Site, the App and/or the Content in any manner including Interferences that target an individual User. If you in any way Interfere with of these, you agree to pay all damages we incur as a result. Prazor will cooperate with the authorities in prosecuting any User who Interferes with the Site, the App, the Content or otherwise attempts to defraud Prazor or any other parties through your use of the Site, the App, the Content or any services provided hereunder. Prazor reserves the right to deny any or all access or service to any User for any reason, at any time, at our sole discretion. You agree that we may block your access, monitor your content and force forfeiture of a user name, and at our sole discretion to disallow your continued use of the Site, the App and/or the Content. We reserve the right to take any action we may deem appropriate in our sole discretion with respect to violations or enforcement of the terms of this Agreement, and we expressly reserve all rights and remedies available to us at law or in equity.
No Partnership.
Your use of the Site, the App and/or the Service creates no partnership, client, fiduciary or other professional relationship.
Entire Agreement.
This Agreement constitutes the entire agreement between the parties on the subject matter hereof. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement.
Force Majeure.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations hereunder that is caused by events outside our reasonable control.
Severance.
If any part, term, or provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, unenforceable, or in conflict with any relevant law, the remaining portions or provisions shall still remain valid and continue in full force and effect.
No Waiver.
No waiver, express or implied, by either party of any term or condition or of any breach by the other of any of the provisions of this Agreement shall operate as a waiver of any breach of the same or any other provision of this Agreement.
Variation.
This Agreement may be varied from time to time by our posting new terms on the Site, and any such amendment will be applicable to all Users from the date and time such revised terms have been posted on the Site and/or the App. Your continued use of the Service constitutes agreement with and acceptance of any such amendment or other changes. We constantly experiment and innovate with the Site and/or the App in order to provide a better experience for Users and you hereby acknowledge and agree that the form and nature of the Service may change from time to time without prior notice to you.
Law and Jurisdiction.
This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Subject to Clause 25 below, any dispute arising under or in connection with this Agreement shall be subject to the jurisdiction of the Courts in the Southern District of Florida.
Dispute Resolution.
In the event of any controversy or dispute between you and Prazor arising out of or in connection with your use of the Service, Prazor will attempt, promptly and in good faith, to resolve the dispute. If we are unable to resolve any such dispute within a reasonable time, not to exceed ninety (90) days, any controversy or claim arising out of or relating to this Agreement, or the breach thereof, or your use of the Service shall be settled by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The Arbitration shall be conducted by a single arbitrator. The decision of the arbitrator will be in writing and binding upon you.
Class Action Waiver.
Prazor and you agree that Prazor and you will resolve any disputes, claims or controversies on an individual basis, and that any claims brought under this Agreement in connection with the Service will be brought in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding. Prazor and you further agree that Prazor and you shall not participate in any consolidated, class or representative proceeding (existing or future) brought by any third party arising under this Agreement or otherwise in connection with the Service.
Contacting Us.
If you have any questions, please contact us at the following address:
PRAZOR Inc, PO Box 1512, Vero Beach, Florida 32961, USA, or email us via [email protected].
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