Terms & Services
Who we are
Our website address is: https://radio.emathja.com/
**Terms & Services**
**Effective Date:** 28.05.2024
Welcome to Radio Emathja! These Terms & Services ("Terms") govern your use of our website and services. By accessing or using Radio Emathja, you agree to comply with and be bound by these Terms. If you do not agree with these Terms, please do not use our website.
**1. Use of the Website**
Radio Emathja provides a platform where users can listen to general radio stations online for free. You agree to use the website only for lawful purposes and in a way that does not infringe the rights of, restrict, or inhibit anyone else's use and enjoyment of the website.
**2. Intellectual Property Rights**
All content, features, and functionality on the site, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and software, are the property of Radio Emathja or its content suppliers and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
**3. User Contributions**
Radio Emathja may contain message boards, chat rooms, personal web pages, or profiles, forums, bulletin boards, and other interactive features that allow users to post, submit, publish, display, or transmit to other users or other persons content or materials (collectively, "User Contributions") on or through the website. All User Contributions must comply with the content standards set out in these Terms.
By providing any User Contribution on the website, you grant us and our affiliates the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.
**4. Prohibited Activities**
You may not access or use the website for any purpose other than that for which we make the site available. The website may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
Prohibited activities include, but are not limited to:
- Systematically retrieving data or other content from the site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Making any unauthorized use of the site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email or creating user accounts by automated means or under false pretenses.
- Using the site to advertise or offer to sell goods and services.
- Circumventing, disabling, or otherwise interfering with security-related features of the site, including features that prevent or restrict the use or copying of any content or enforce limitations on the use of the site and/or the content contained therein.
- Engaging in unauthorized framing of or linking to the site.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
- Making improper use of our support services or submitting false reports of abuse or misconduct.
- Engaging in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Interfering with, disrupting, or creating an undue burden on the site or the networks or services connected to the site.
- Attempting to impersonate another user or person or use the username of another user.
- Selling or otherwise transferring your profile.
- Using any information obtained from the site in order to harass, abuse, or harm another person.
- Using the site as part of any effort to compete with us or otherwise use the site and/or the content for any revenue-generating endeavor or commercial enterprise.
- Deciphering, decompiling, disassembling, or reverse engineering any of the software comprising or in any way making up a part of the site.
- Attempting to bypass any measures of the site designed to prevent or restrict access to the site, or any portion of the site.
- Harassing, annoying, intimidating, or threatening any of our employees or agents engaged in providing any portion of the site to you.
- Deleting the copyright or other proprietary rights notice from any content.
- Copying or adapting the site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
- Uploading or transmitting (or attempting to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the site.
- Uploading or transmitting (or attempting to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation clear graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms").
- Except as may be the result of standard search engine or Internet browser usage, using, launching, developing, or distributing any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the site, or using or launching any unauthorized script or other software.
- Disparaging, tarnishing, or otherwise harming, in our opinion, us and/or the site.
- Using the site in a manner inconsistent with any applicable laws or regulations.
**5. User Registration**
You may be required to register with the site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
**6. Termination**
We reserve the right to terminate or suspend your account and access to the site at our sole discretion, without notice, for conduct that we believe violates these Terms or is harmful to other users of the site, us, or third parties, or for any other reason.
**7. Modifications and Interruptions**
We reserve the right to change, modify, or remove the contents of the site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our site. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the site.
We cannot guarantee the site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the site during any downtime or discontinuance of the site. Nothing in these Terms will be construed to obligate us to maintain and support the site or to supply any corrections, updates, or releases in connection therewith.
**8. Governing Law**
These Terms and your use of the site are governed by and construed in accordance with the laws of Albania, and you irrevocably submit to the exclusive jurisdiction of the courts in that location.
**9. Dispute Resolution**
**Binding Arbitration**
Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration under the rules of [Arbitration Association], which rules are deemed to be incorporated by reference into this clause. The number of arbitrators shall be [one/three]. The seat, or legal place, of arbitration shall be Tirana, Albania. The language of the proceedings shall be English & Albanian. The governing law of the contract shall be the substantive law of Albania.
**Restrictions**
The Parties agree that any arbitration shall be limited to the dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
**Exceptions to Arbitration**
The Parties agree that the following disputes are not subject to the above provisions concerning binding arbitration: (a) any disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any dispute falling within that portion of this provision found to be illegal or unenforceable, and such dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
**10. Corrections**
There may be information on the site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the site at any time, without prior notice.
**11. Disclaimer**
The site is provided on an as-is and as-available basis. You agree that your use of the site and our services will be at your sole risk. To the fullest extent permitted by
law, we disclaim all warranties, express or implied, in connection with the site and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the site’s content or the content of any websites linked to this site and we will assume no liability or responsibility for any (a) errors, mistakes, or inaccuracies of content and materials, (b) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the site, (c) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (d) any interruption or cessation of transmission to or from the site, (e) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the site by any third party, and/or (f) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the site. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the site, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
**12. Limitation of Liability**
In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the site, even if we have been advised of the possibility of such damages.
**13. Indemnification**
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the site; (2) breach of these Terms; (3) any breach of your representations and warranties set forth in these Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the site with whom you connected via the site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
**14. User Data**
We will maintain certain data that you transmit to the site for the purpose of managing the performance of the site, as well as data relating to your use of the site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
**15. Electronic Communications, Transactions, and Signatures**
Visiting the site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the site, satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the site. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
**16. Miscellaneous**
These Terms and any policies or operating rules posted by us on the site or in respect to the site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. These Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms or use of the site. You agree that these Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.
**17. Contact Us**
In order to resolve a complaint regarding the site or to receive further information regarding use of the site, please contact us at:
Email: radio@emathja.com
Address: Akses, Tirana, Albania
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