Terms of Use – Trading terms
1. This Website is fully and exclusively owned by the company S and A NEMO ONLINE HOLDING LTD (hereinafter abbreviated as the “Company”). The term Website hereinafter means all the webpages, applications, services, content, texts, information, photos, optical displays, etc. included in the web address www.radioads.eu
2. In particular, the Company has designed and developed its own internet platform in which any third party (Advertiser) may upload advertising spots, i.e. audio files suitable for playback on a radio medium where sound and text of their own production are integrated, in order to be projected through radio stations at specific days and hours (hereinafter abbreviated as the “Service”). The service is available only to professionals and invoices for services rendered are issued only to Valid TINs.
3. This constitutes an agreement between the Advertiser, visitor of the Website, and the Company, on the use, in return for payment, of the Service by the Advertiser, under the following special terms.
4. The use of the Website and the Service by the Advertiser requires the full and unconditional acceptance by the latter of these terms. By using the Website, the Advertiser declares that all his/her statements and guarantees contained in this agreement are true and guarantees their accuracy.
5. Any use of the Website presupposes that the Advertiser is an adult and has full legal capacity. In case of a legal person it is assumed that the user is its legal representative or legitimately represents it for the purposes of the present. The Company bears no responsibility for use of the Website by users that do not have the above properties.
6. In order the Advertisers to use the Service they must (a) produce by their own means and responsibility an advertising spot (audio file where sound and text are integrated) suitable for radio playback according to the specifications of the Service, (b) subscribe to the Service by filling in fully and accurately the respective registration forms, (c) login with their passwords and acquire access to their accounts. By logging in they will be able to choose between specific Packs of Service Use (certain number of repetitions of an advertising spot (audio file) over a certain period) and channel(s), where they wish their Advertising spots to be displayed.
7. The entire content of the Website and all services provided through it are property of the Company and/or its respective licensors and are protected by the provisions of Cypriot, Community and international law on Intellectual Property protection, and are provided to Advertisers exclusively for use for the purpose for which they were intended. Any reproduction, copy, modification, publication, exploitation and general use of the Website and its content other than that specified in this Agreement is expressly prohibited. The intervention in any way in the Website content by the Advertiser and any use different from the one in accordance with its intended purpose and the present terms are also expressly prohibited.
8. It is expressly agreed that all intellectual property rights to Advertising spots belong and remain with the Advertiser that guarantees that their content is original or the intellectual rights on them were legally acquired and that their reproduction through the Service does not violate third party rights. The Advertiser also guarantees that the content of any Advertising spot uploaded will not be illegal or immoral and that it will be legitimate with the rules of advertising ethics. In case any claim is brought against the Company for any reason related to Advertiser’s Advertising spot, the Advertiser remains solely liable towards any third party and undertakes to indemnify the Company for any damage that may suffer from the above cause.
9. The Advertiser expressly undertakes not to use the Website and the Service for illegal or immoral purposes.
10. The Web Site and the Service are provided “AS IS” and their use by the Advertiser is exclusively his/her responsibility. The Company bears no responsibility for the correctness, validity, completeness, accuracy, technical competence or usefulness of the Website and the content therein or of the Service, neither provides any kind of guarantee as to the suitability (technical or other) of it and the Service for any purpose. The Company is not responsible for any incidental or consequential damages the Advertiser or third parties may suffer, directly or indirectly, from the use of the Website and Service, especially with regard to damages of computer or other systems, data loss, malfunctions of any already installed software or hardware, etc.
11. To use the Website, the Company may request Advertiser’s personal data. In this case the Company will keep Personal Data File as a controller. The Company undertakes not to transmit Advertiser’s data to any third party, except for those persons associated with it and necessary for the execution of the processing. The Company undertakes to process the above data in accordance with the provisions of personal data protection law and the decisions of the Authority. In any case the Advertisers have the rights they enjoy under personal data protection law, including those of access and objection, which they may exercise by contacting the Company at 77, John Kennedy Ave., 1077 Nicosia, Cyprus, tel. +357 22 021223 and by email at support@radioads.eu.
12. The Advertiser is obliged to pay to the Company a fee for Using the Service. The amount each time due will correspond to the Packs of Service Use chosen by the Advertiser in conjunction with the number of channels which will display his/her Advertising spot. The final amount to be paid shall contain all legal taxes on services. The payment of the fee will be made online, by credit card or through PayPal, and will be paid in advance. The relevant invoice will be issued at the end of each month and shall only relate to the advertising services rendered in the given month. All analytical data (campaigns/advertising programs that have been paid and monthly invoices) will appear in the Advertiser's Service account.
13. The Advertisers will be informed about the course of displays and their completion through their Service account. In case of no Advertising spot display for any reason, the Advertiser undertakes to inform the Company in writing within 24 hours. The Company undertakes to make every effort to prove that the advertising was performed or, in any other case, to remedy the problem. In all cases responsible for the implementation of promotional advertising is the respective cooperating radio station. In any case, the Advertisers will not be entitled to any additional compensation from the Company for the above reason other than being refunded for the provision of the Service in relation to the specific Use Pack.
14. The Company as well as the cooperating radio channels reserve the right to cancel any radio campaign program for any reason. In this case the Advertiser will be refunded the entire amount paid in advance.
15. The Company has the right at any time and without notice to modify or temporarily discontinue the operation of all or part of the Website and the Service, without any obligation against the Advertisers. Therefore, the Company bears no responsibility for any kind of damage (direct, consequential, negligent inter-contractual or other), arising from the use of the Website and/or the Service provided through it, or the inaccessibility of users to it, the cessation of all or parts of it, the delay, non-delivery, failure or poor quality reception of its services or loss of content, the existence of any kind of errors.
16. The Company may at any time modify these terms.
17. This Agreement is governed by Cyprus law and the Courts of Nicosia shall be competent for any dispute that may arise.
