Terms of Service (En)

Terms of Service

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SPOON RADIO WEB SERVICE AND MOBILE APPLICATION. BY DOWNLOADING, INSTALLING, OR USING THE SERVICE (AS DEFINED BELOW), YOU ACKNOWLEDGE THAT YOU HAVE HAD THIS AGREEMENT, THAT YOU UNDERSTAND IT, AND THAT YOU AGREE TO BE BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THE TERMS HEREIN, PLEASE DO NOTUSE THE SERVICE AND DELETE THE SPOON RADIO MOBILE APPLICATION IMMEDIATELY.

  1. 1. PURPOSE

    The purpose of this Terms is to define rights, obligations, responsibilities and other necessary matters between Mykoon Corporation (“Company,” “we,”) and you (“you”, “”users””) regarding the use of SPOON RADIO web service/mobile application (the “Service”).

    This is a legally binding agreement between Company and you.

    Use of the Service for any purpose that is unlawful or prohibited by the Terms is prohibited.

    By using the Service, you acknowledge and agree that you are subject to the Terms. If you do not accept the Terms you may not use the Service.

  2. 2. SERVICE INTRODUCTION

    The Service is a live-audio social broadcasting platform. Subject to the Terms of Service (as they might be amended) and any other applicable agreements between You and Company, the Service allows You to broadcast your audio content via mobile device in real time by a public online audience including followers and fans.

    The Service supports other functions as well, which are described in the Terms of Service and in notices and publications from the Company. We reserve the right at our sole discretion, to change, modify, add, or delete features and functions of the Service at any time.

  3. 3. ELIGIBILITY

    Based on The Children’s Online Privacy Protection Act of 1998 (COPPA), anyone under the age of 13 is not eligible in the Service.

    You may only use our Service if you are not subject to statutory age limit to enter into this agreement according to applicable laws and regulations in in your jurisdiction of residence.

    By downloading, installing, or otherwise using the Services, you represent that you are at least 13 years old, that your parent or legal guardian agrees to be bound by these Terms of Service if you are between 13 and the age of legal majority in your jurisdiction of residence, and that you have not been previously removed from or prohibited from receiving the Service.

    There may also be age restrictions on some functions, such as cash out, depending on local laws and the policies of our partner companies or vendors.

  4. 4. SERVICE CONTENT

    We reserve the right to change the content of our Service from time to time, at our discretion, with or without notice.

    We need to perform scheduled or unscheduled repairs and maintenance. If such situations cause an interruption of Service for a reasonable duration, we shall not bear any liability to you and/or to any third parties. However, we shall provide notice to you as soon as possible.

    We have the right to suspend, terminate or restrict provision of the Service under this Agreement at any time and are not obligated to bear any liability to you or any third party.

    We reserve the right to suspend, terminate or limit the provision of the Service under this Agreement at any time if you violate these Terms and Conditions or fail to meet the minimum age requirement.

  5. 5. REGISTRATION

    All information you provide to us at the time of registration and at any other time must be true and accurate and you agree to update the information as necessary to maintain its truthfulness and accuracy.

    You agree not to share your account password or let others have access to your account and you will not attempt to transfer your account to anyone else.

    You are responsible for the activity that happens on or through your account, so we urge you to keep your account password secure and to always log-off when leaving your computer or mobile device unattended. Although we will not be liable for losses caused by any unauthorized use of your account, you may be liable for our losses or others due to unauthorized use.

    If your user account remains inactive (no login or unused status) for one year, we may delete the account without notice to you.

    We strongly recommend that you notify us immediately of unauthorized use of your account or of any related security breach by contacting us.

  6. 6. COMPANY’S OBLIGATIONS

    The Company shall abide by relevant laws and regulations and faithfully fulfill the obligations of the rights set forth in these Terms and conditions.

    If complaints from users are found to be justified, the Company should promptly process them within a reasonable period.

    The Company shall have security system to protect all personal information including credit information so that users can use the Service safely. In addition, the Company shall not disclose personal information of a member to a third party except as set forth in these Terms and conditions.

    In the event that our service is interrupted or data is lost for reasons beyond our control such as natural disasters, emergency situations, or technical malfunctions we will make every effort to restore service without delay.

  7. 7. COMMUNITY GUIDELINES

    The Company is committed to maintaining a safe community. The following standards have been established toward that end and are applicable to all users.

    You shall not use Service for any purpose other than its intended use or distribute any content that may be considered;

    1. 1. False identification information when providing personal details to the Company when making a customer inquiry, money cash out request, or request for a refund.

    2. 2. Acting as a third person, misrepresenting a relationship with another person, stealing or misusing another user’s account.

    3. 3. Exploiting known or unknown software bugs.

    4. 4. Not maintaining a respectful tone and attitude during interactions with other users.

    5. 5. Depicting, encouraging, or assisting suicide or self-harm.

    6. 6. Collecting, storing, distributing, or posting any personal information.

    7. 7. Infringement of the Company’s intellectual property rights, third party intellectual property rights, or other trademarks or copyrights.

    8. 8. Adult content which is obscene or pornographic, including any form of child exploitation.

    9. 9. Hate speech, including content promoting racism, terrorism, age discrimination or gender discrimination.

    10. 10. Content intended to insult religious beliefs.

    11. 11. Engaging in, promoting, or participating in gambling or gambling-related activity.

    12. 12. Impersonating Company employees or other users by posting or sending e-mail using someone else’s name

    13. 13. Using the Service for commercial advertising or political fundraising unless approved by the Company.

    If you find any suspected violation of the above provisions, notify us by e-mail or use the “report” function in the Spoon Radio app immediately.

  8. 8. PURCHASE OF VIRTUAL ITEMS

    We offer a feature allowing users to purchase (a) virtual currency (“SPOONS”) for use in the Service; or (b) virtual in-Service items (“Gifts”). The Gifts that are gifted to users within the Service are converted to virtual “COINS” in the receiving user’s account. SPOONS, together with Gifts and COINS, are hereafter collectively referred to as “Virtual Items.”

    The purchase of any Virtual Items must be made lawfully, under legitimate means, and with actual currency. Notwithstanding your purchase or possession of such Virtual Items, you acknowledge and agree that you do not in own the Virtual Items, and the amounts of any Virtual Items do not refer to any credit balance of real currency or its equivalent. Your distribution of any Virtual Items currently in your account (i.e. as a virtual “tip” to any other User’s account) may result in revenue to the recipient.

    The purchase of Virtual Items is a completed transaction upon Company’s confirmation of electronic payment from you via the iTunes App Store or Google Play. Once you have confirmed a purchase of any Virtual Items or a transfer to another user’s account, the action cannot be undone and the Virtual Items cannot be withdrawn.

    The value (i.e. the exchange rate) of the Virtual Items is determined by Company in its sole discretion and we further reserve the right to modify the purchase exchange rate between actual currency and Virtual Items from time to time, with or without reason, at our sole discretion. By your use of the Service, you confirm your understanding of and accept the then-current exchange rate of any Virtual Items at the time of your purchase.

    All non-standard transactions between users related to Virtual Items are prohibited. In the event of a breach, you agree that we have the right to terminate your account permanently and to confiscate all Virtual Items from your account.

  9. 9. CASH-OUT

    The COINS stored in your user account as a result of tips from another user may be “cashed-out” to actual currency (each transaction is called a “Cash-Out”). The company will determine the minimum account balance required for applying for a Cash-Out.

    The Cash Out value shall be determined using the Company’s then-current exchange rate, which Company may set and change from time to time in its sole discretion. The Cash-Out exchange rate may also change due to the fluctuating value of COINS, which may change between the time they were purchased and the time you decide to Cash-Out.

    You must have an active Payoneer (www.payoneer.com) account to Cash-out. Creating a Payoneer account and requesting a Cash-out are not available for persons under 18 years old. Your Payoneer account will be linked to your user account when you Cash-Out. The payment will be processed within fifteen business days following any Cash-Out request.

  10. 10. INTELLECTUAL PROPERTY RIGHTS

    Posts by users of the Service are protected by copyright law. The copyrights and other intellectual property rights of the works created by the Company belong to the company.

    The user allows the Company to use the post that he has posted for the following purposes:

    1. 1) To copy, modify, display, transmit, distribute, publish, and create derivative works of the user’s posts within the Service

    2. 2) To reproduce, modify, display, distribute, publish, and author and edit the post of the user for the purpose of promoting the Service.

    You must not engage in any activity that infringes on the copyrights or other rights of other members or third parties. At the time of uploading the material (LIVE, CAST, TALK, etc.), the publisher assumes all responsibility for any disputes arising from copyright.

  11. 11. CHANGES AND MODIFICATIONS

    We reserve the right to change these Terms of Service at any time at our sole discretion.

    We may at any time, at our sole discretion, add Additional Terms as we deem appropriate.

    If you do not agree to the amended Terms, you must promptly stop all use of the Service and disable your account.

  12. 12. DISCLAIMERS

    The Company is exempted from liability in the event that it can’t provide Service due to war, natural disasters, national emergencies, technical difficulties that can’t be solved, or other reasons of force majeure.

    The Company shall not be liable for any interruption or interruption of Service caused by user’s fault. The Company shall be exempted from any liability in the event of loss of Service to the user by the carrier failing to stop the Service or providing it normally.

    The Company shall be exempted from any liability for any interruption or failure of Service due to repair, replacement, periodic inspection, or other reasons.

    The Company shall not be liable for any disadvantage or loss of information caused by changes to the user’s personal information (including account information).

    The Company shall not be liable for any problems caused by the user’s device or problems caused by the network environment.

    The Company has no obligation to intervene in the dispute between users or between users and third parties through the Service, nor is there any liability for damages caused by them.

  13. 13. LEGAL JURISDICTION

    This Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to choice of law principles.

    You expressly agree to submit to the exclusive personal jurisdiction of the state and federal courts sitting in Los Angeles County, California.

    Contact: If you have any questions or comments about these Terms or your use of the Service, please contact us at support@spooncast.net

Copyright © Mykoon Corporation. All rights reserved.