END USER LICENSE AGREEMENT AND TERMS OF SERVICE

This End User License Agreement and Terms of Service (this “EULA”) is a binding contract between you, an individual user (“you” or “your”) and Radio Station Network (“RSN,” “we,” “us” or “our”) governing your use of the software applications that RSN makes available for download to mobile phones, tablets, set-top boxes and other consumer electronic or computer devices, whether directly, through third parties or on a pre-installed basis (individually and collectively, the “App”), the website located at https://radiostationnet.com/ and any other online properties owned or controlled by or on behalf of RSN (each a “Website” and, collectively, the “Websites”) (the App and any Websites are the “Service”). BY INSTALLING OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND WILL AGREE TO THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, THEN YOU MAY NOT USE THE SERVICE. TO HAVE A COPY OF THIS EULA SENT TO YOU, CONTACT TUNEIN AT support@radiostationnet.com. YOUR USE OF THE SERVICE, AND TUNEIN’S PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY TUNEIN AND BY YOU TO BE BOUND BY THIS EULA.

Material Terms: As provided in greater detail in this EULA, you acknowledge the following:

• the Service is licensed, not sold to you, and you may use the Service only as set forth in this EULA;

• the use of the Service may be subject to or trigger separate third party terms of service and fees, including, without limitation, your mobile network operator’s (the “Carrier”) terms of service and fees, including fees charged for data usage and overage, which are your sole responsibility;

• if you subscribe to the Service, you acknowledge and understand the Additional Terms for Subscriptions set out in Section 4 below apply to you;

• RSN processes your information in accordance with RSN’s Privacy Policy available at https://radiostationnet.com/privacy/ (“Privacy Policy”); and

• if you are using the App on an iOS-based device, then you agree to and acknowledge the “Notice Regarding Apple,” in Section 19 below.

1. General Terms and Conditions.

a. Changes to this EULA. You understand and agree that we may, from time to time, change this EULA. Please check this EULA periodically for changes. We will provide you with prior notice of any material changes that may apply to you, including through the posting of a revised EULA that you may be required to accept in order to continue using the Service. You may read a current, effective copy of this EULA at any time by selecting the appropriate link on the Service. The revised EULA will become effective immediately, except that, for existing users, material revisions will be effective 30 days after posting or notice to you of the revisions unless specified otherwise. Any use of the Service after the effective date will constitute your acceptance of such revised EULA. If you find any change to this EULA or the Service unacceptable or you do not agree to the modified EULA, then your sole remedy is to stop accessing, browsing and otherwise using the Service. The terms of this EULA will govern any updates RSN provides to you that replace and/or supplement any portion of the Service, unless the upgrade is accompanied by a separate licence or revised EULA, in which case the terms of that licence or revised EULA will govern. Notwithstanding the preceding sentences of this Section 1.a, no revisions to this EULA will apply to any dispute between you and RSN that arose prior to the effective date of such revision. Except as expressly permitted in this Section 1.a, this EULA may be amended only by a written agreement signed by authorised representatives of the parties to this EULA.

b. Privacy Policy, Copyright Policy, Cookie Policy, Content Moderation Policy, and Acceptable Use Policy. Your access to and use of the Service is also subject to RSN’s Acceptable Use Policy, Cookie Policy, Copyright Policy, Content Moderation Policy, Statement, and Transparency Reporting (the “Content Moderation Policy”), and Privacy Policy.

c. Jurisdictional Issues. The Service is controlled and operated by RSN from its offices in the State of California. You are responsible for compliance with local laws, if and to the extent local laws are applicable, without being deprived of the protection granted by your country of residence in the European Union. Access to the Service from jurisdictions where the contents or practices of the Service are illegal, unauthorised or penalised is strictly prohibited. The use of a VPN or any other tool or mechanism to mask your actual location in order to access content otherwise prohibited in the jurisdiction where you are located is strictly prohibited. You agree to indemnify RSN for any third-party claims against RSN arising from your use of any technology subject to the prohibition in the immediately preceding sentence, unless you have not culpably breached this prohibition.

d. Eligibility. THE SERVICE IS NOT FOR PERSONS UNDER THE AGE OF 13 OR OTHER AGE AS REQUIRED BY LOCAL LAW OR FOR ANY USERS PREVIOUSLY SUSPENDED OR REMOVED FROM THE SERVICE BY TUNEIN. IF YOU ARE UNDER 13 YEARS OF AGE OR UNDER THE AGE REQUIRED BY LOCAL LAW, THEN YOU MUST NOT USE OR ACCESS THE SERVICE AT ANY TIME OR IN ANY MANNER. Furthermore, by accessing or using the Service, you represent and warrant to us that either you are at least the age of majority in your jurisdiction or you have been authorised to use the Service by your parent or legal guardian who is at least the age of majority in your jurisdiction. If you are an entity, organisation, or company, the individual accepting this EULA on your behalf represents and warrants that they have authority to bind you to this EULA and you agree to be bound by this EULA.

e. Additional Terms. Your use of the Service is subject to all additional terms and/or policies beyond those mentioned in Section 1.b that we make available to you from time-to-time in connection with your use of the Service, including, without limitation, any such terms that apply to contests that we run on the Service (“Additional Terms”). Any such Additional Terms are hereby incorporated into and subject to this EULA, and this EULA will take priority in the event of any conflict or inconsistency with the Additional Terms to the extent of the conflict or inconsistency.

2. The Service.

a. Description. RSN provides an information location tool and audio guide service offering access to a selection of indexed radio stations, podcasts, and other content, including radio stations, podcasts and other content created by or on behalf of RSN. Certain features of the Service are available to you free of charge (the “Free Service”). Other aspects of the service, currently referred to as “RSN Premium,” are only available to paying subscribers (the “Subscriptions”). Any end user who accesses and uses the Free Service is a “Visitor,” and any end user who pays for a subscription is a “Subscriber.” The term “Users” refers to Visitors and Subscribers, collectively.

b. Consideration.

i. Service. You acknowledge and agree that this EULA is entered into in consideration of your use of the Service pursuant to this EULA and for other good and valuable consideration, the receipt and sufficiency of which you acknowledge.

ii. Subscriptions. If you are a Subscriber, then you acknowledge and agree that the additional terms in Section 4 below apply to your Subscriptions, and that RSN provides access to Subscriptions in consideration of your payment of the amounts described in that Section.

iii. No Rights to Compensation. In return for enjoying the Free Service or Subscriptions, you further acknowledge and agree that RSN may generate revenues (including from advertising and sponsorships), increase goodwill or otherwise increase the value of RSN from your use of the Service, and you will have no right to share in any such revenue, goodwill or value.

c. Changes to the Service. RSN may at its sole discretion and from time to time change, add, remove, or discontinue features, functionality and content of or available through the Service, temporarily or permanently, without any notice to you except that RSN will provide reasonable prior notice to Subscribers in the event of any material changes to the Service. RSN may also terminate or discontinue support for any versions of the App or different devices or platforms, whether it was offered for free or for a fee. RSN also reserves the right to discontinue some or all of the features of the Service at any time at its sole discretion (including the provision of software updates and support for different devices or platforms). You acknowledge and agree that RSN will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service, any App, or any specific functionality of the Service or the removal of any features, functionality or content, including any paid-for functionalities of the Service. You should retain copies of any User Content you Post to the Service so that you have permanent copies in the event the Service is modified in such a way that you lose access to User Content you Posted to the Service. If you are dissatisfied with any changes to the Service, then your sole option is to discontinue or terminate your use of the Service as described herein. Notwithstanding anything in this EULA to the contrary, if you have signed up for a Subscription and RSN cancels your Subscription without cause in accordance with Section 13, then RSN will refund to you the pro-rated (by month), unearned portion of any amounts that you have prepaid to RSN for such Subscription.

d. Mobile Services. The Service is currently accessible via computer or on a mobile phone, tablet or other connected device (collectively, “Mobile Services”). Your mobile carrier’s or ISPs normal messaging, data and other rates and fees will apply to your use of the Mobile Services. In addition, downloading, installing or using certain Mobile Services may be prohibited or restricted by your mobile carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you are solely responsible for checking with your mobile carrier to determine if the Mobile Services are available for your mobile device(s), what restrictions, if any, may be applicable to your use of the Mobile Services, and how much they will cost you. Nevertheless, all use of the App and the related Mobile Services must be in accordance with this EULA.

e. Service Security. You may not violate, or attempt to violate, the security of the Service. Any such violations may result in criminal and/or civil penalties against you, as well as the termination of your privilege to use the Service. RSN reserves the right to investigate any alleged or suspected violations and, if a criminal violation is suspected, to refer such suspected violation to the appropriate law enforcement agencies and cooperate fully with such investigations. This cooperation may include the disclosure of all or your activities on or related to the Service. You agree to promptly notify RSN if you learn or reasonably suspect that any security breach related to the Service has occurred.

3. Registration.

a. Log-In Credentials. While you may access the Free Service and browse the public-facing portions of the Service without registering with us, in order to access Subscriptions and enjoy the full functionality and benefits of the Service we may require you to register an account with us (an “Account”).

b. Account Security. You are responsible for the security of your Account and are fully responsible for all activities that occur through the use of your Account credentials. You agree to notify RSN immediately at support@radiostationnet.com if you suspect or know of any unauthorised use of your Account credentials or any other breach of security with respect to your Account. RSN will not be liable for any loss or damage arising from unauthorised use of your Account credentials.

c. Accuracy of Information. When creating an Account, you will provide true, accurate, current and complete information as RSN requests. You will update the information about yourself promptly, and as necessary, to keep it current and accurate. We reserve the right to disallow, cancel, remove or reassign certain usernames and permalinks in appropriate circumstances with reasonable prior notice (unless we cannot be reasonably expected to send a prior notice given the individual circumstances), suspend or terminate your Account if activities occur on your Account which, in our sole discretion, would constitute a violation of this EULA, cause damage to or impair the Service, infringe or violate any third-party rights, damage the reputation of RSN, or violate any applicable laws or regulations. If messages sent to the e-mail address you provide are returned as undeliverable, then RSN may terminate or suspend your Account immediately without notice to you.

4. Additional Terms for Subscription

a. Subscription Process. You may purchase a Subscription through the Website, through our App, or through such other channels as RSN may make available from time-to-time in its sole discretion. Where you purchase a Subscription through the Website or another channel controlled by RSN, your payments are processed by our third-party payment processors. Where you purchase a Subscription through our iOS or Android Apps or through a third party’s consumer electronic devices, your payments are processed by Apple or Google, or the manufacturer of the consumer electronic device (or any of their third-party payment processors), as applicable. We accept various forms of payment, as specified during sign-up. We do not accept cash or checks. Please check your Subscription order carefully before confirming it. You are responsible for ensuring that your order is complete and accurate.

b. Trials. From time to time, RSN or others on our behalf may offer trials of Subscriptions for a specified period free-of-charge or at a reduced rate (“Trial”). The length of any Trial may vary. Trials are for new and certain former Subscribers only. RSN reserves the right, at our discretion, to determine your eligibility for a Trial, and, subject to applicable laws, to withdraw or to modify a Trial at any time without prior notice and with no liability, to the greatest extent permitted under the law. We will require you to provide your payment details at the start of the Trial. The first day following the end of your Trial or, if you are not eligible for a Trial, then the day you purchase your Subscription, is the first day of your billing cycle (“Billing Date”). YOU WILL BE AUTOMATICALLY CHARGED FOR THE APPLICABLE SUBSCRIPTION ON THE FIRST DAY FOLLOWING THE END OF THE TRIAL, ON A RECURRING MONTHLY OR ANNUAL BASIS, UNLESS YOU CANCEL THE APPLICABLE SUBSCRIPTION BEFORE THE END OF THE TRIAL.

c. Billing Authorisation. BY PROVIDING YOUR PAYMENT METHOD AND OBTAINING A SUBSCRIPTION TO THE SERVICE, YOU AUTHORISE TUNEIN, APPLE, OR GOOGLE (OR ANY OF THEIR SERVICE PROVIDERS), AS APPLICABLE, TO CHARGE TO YOUR DESIGNATED PAYMENT METHOD THE APPLICABLE MONTHLY OR ANNUALLY RECURRING SUBSCRIPTION FEES (“SUBSCRIPTION FEE”), AND ANY APPLICABLE SALES, TELECOMMUNICATION, EXCISE, VALUED-ADDED OR SIMILAR TAXES (“TAXES”). THE SUBSCRIPTION FEE IS INCLUSIVE OF ANY SUCH TAXES. THE SUBSCRIPTION FEE IS PAYABLE IN THE CURRENCY SPECIFIED DURING SIGN-UP.

d. Subscription Fee Changes. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, WE RESERVE THE RIGHT TO CHANGE THE SUBSCRIPTION FEE AT ANY TIME IN OUR SOLE DISCRETION. IF WE CHANGE THE SUBSCRIPTION FEE, THEN WE WILL PROVIDE YOU NOTICE OF THE PROPOSED CHANGE AT LEAST 30 DAYS BEFORE THE CHANGE IS TO TAKE EFFECT. SUBSCRIPTION FEE CHANGES WILL TAKE EFFECT AT THE START OF THE NEXT RENEWAL OF YOUR SUBSCRIPTION FOLLOWING THE DATE OF THE PRICE CHANGE. YOU ACCEPT THE NEW PRICE BY CONTINUING TO USE THE SERVICE AFTER THE PRICE CHANGE TAKES EFFECT. IF YOU DO NOT ACCEPT THE PRICE CHANGE, THEN YOU MAY UNSUBSCRIBE FROM THE SERVICE PRIOR TO THE PRICE CHANGE GOING INTO EFFECT.

e. Automatic Renewal; Recurring Charges. YOUR SUBSCRIPTION WILL BEGIN ON THE BILLING DATE AND CONTINUE FOR THE SUBSCRIPTION PERIOD THAT YOU SELECT ON YOUR ACCOUNT (SUCH PERIOD, THE “INITIAL SUBSCRIPTION PERIOD”), AND WILL AUTOMATICALLY RENEW FOR SUCCESSIVE PERIODS OF THE SAME DURATION AS THE INITIAL SUBSCRIPTION PERIOD (THE INITIAL SUBSCRIPTION PERIOD AND EACH SUCH RENEWAL PERIOD, EACH A “SUBSCRIPTION PERIOD”) UNLESS YOU CANCEL YOUR SUBSCRIPTION OR WE TERMINATE IT. FOR SUBSCRIPTIONS GREATER THAN 45 DAYS IN LENGTH, TUNEIN WILL INFORM YOU IN WRITING, AT LEAST 30 DAYS BEFORE THE END OF THE CURRENT SUBSCRIPTION PERIOD, ABOUT THE AUTOMATIC RENEWAL OF YOUR SUBSCRIPTION AND YOUR OPTION OF NOT RENEWING YOUR SUBSCRIPTION. SHOULD WE FAIL TO PROVIDE YOU WITH THIS INFORMATION, YOU WILL BE ENTITLED TO TERMINATE YOUR SUBSCRIPTION ANY TIME DURING THE NEW SUBSCRIPTION PERIOD. YOUR ACCOUNT WILL BE CHARGED AUTOMATICALLY ON THE BILLING DATE AND THEREAFTER ON THE RENEWAL DATE OF YOUR SUBSCRIPTION FOR ALL APPLICABLE FEES AND TAXES FOR THE NEXT SUBSCRIPTION PERIOD. YOU MUST CANCEL YOUR SUBSCRIPTION BEFORE IT RENEWS IN ORDER TO AVOID BILLING OF THE NEXT PERIODIC SUBSCRIPTION FEE TO YOUR ACCOUNT.

f. Cancellation and Refunds. YOU MAY CANCEL YOUR SUBSCRIPTION TO THE SERVICE AT ANY TIME BY FOLLOWING THE PROCESS DESCRIBED HERE. IF YOU CANCEL YOUR SUBSCRIPTION, THEN YOU WILL HAVE ACCESS TO THE SUBSCRIPTION UNTIL THE DATE THAT WOULD HAVE BEEN YOUR NEXT BILLING DATE, AFTER WHICH YOU WILL BE DOWNGRADED TO THE FREE SERVICE. IF YOU SUBSCRIBED THROUGH YOUR IOS OR ANDROID DEVICE AND WANT TO OBTAIN A REFUND IN CONNECTION WITH YOUR SUBSCRIPTION, THEN YOU MUST CONTACT APPLE OR GOOGLE, AS APPLICABLE. IF YOU SUBSCRIBED THROUGH THE WEBSITE, THEN SAVE AS SET OUT IN SECTION 4.g BELOW, WE WILL NOT REFUND ANY FEES PAID FOR YOUR CURRENT SUBSCRIPTION PERIOD.

g. Cooling-off Period. If you register for a Subscription with RSN, then you may cancel your Subscription for any reason or no reason and receive a full refund of your Subscription Fee within 14 days of your payment method being charged (“Cooling-off Period”). If you wish to exercise your right to cancel in accordance with this Section, you must contact us to let us know that you are doing so. The easiest way to do this is to follow the process described here or you may prefer to complete the following model cancellation form and return it to us by email to support@radiostationnet.com.

Model Cancellation Form

To: [insert]

E-mail address: [insert]

I/We(*) hereby give notice that I/We(*) cancel my/our(*) contract of sale for the provision of the following service:

Ordered on(*) / received on(*)

Name of consumer(s),

Address of consumer(s),

Signature of consumer (only if this form is notified on paper)

Date

(*) Please delete if not applicable

If you wish to access digital content provided as part of your Subscription during the Cooling-off Period then you may do so but: (a) you expressly agree that we may begin to make such digital content available to you during the Cooling-Off Period; and (b) you expressly acknowledge and agree that your right to cancel your Subscription will be lost and you will lose your right to claim a refund.

h. Failure to Pay. If you fail to pay the applicable Subscription Fee when due, then upon expiry of a final payment deadline, you may be downgraded to the Free Service until you pay your outstanding Subscription Fee.

5. Intellectual Property Rights

a. Service. Subject to your complete and ongoing compliance with this EULA, RSN hereby grants you a revocable, non-exclusive, non-transferable, non-sublicensable, royalty-free and worldwide right and license to: (a) install and use one object code copy of any mobile or other downloadable application associated with the Service obtained from a legitimate marketplace (whether installed by you or pre-installed on a device by the device manufacturer or a wireless telephone provider) on any device that you own or control; and (b) access and use the Service, solely for your personal, non-commercial entertainment use as intended through the provided functionality of the Service and solely in strict compliance with the provisions of this EULA. Except as expressly set forth in the preceding sentence or to the extent such a restriction is impermissible under applicable law, you may not: (i) reproduce, distribute, publicly display, publicly perform, sell, license, create derivative works of, or in any way exploit any part of the Service; (ii) alter or modify the Service; or (iii) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, then you may not use it.

b. RSN Content. Except for User Content (defined below) and third-party content owned or controlled by third-party transmitting entities over whom RSN does not exercise a right and ability to control and where such content is made available through the Service when RSN is providing an information location tool, index or directory service (“Third-Party Content”), the content that RSN itself provides to Users on or through the Service, including without limitation, any radio programs, podcasts or other audio content, text, graphics, photos, software and interactive features, may be protected by copyright or other intellectual property rights and is owned by RSN or its third-party licensors (collectively, the “RSN Content”). You acknowledge that certain transmitting entities may provide consideration to RSN for inclusion in the Service when RSN is providing an information location tool, index or directory service. You may not reproduce, modify, distribute, display, publish, transmit, communicate to the public, make available, broadcast, create derivative works from, publicly perform (including on a through-to-the audience basis) and otherwise use and exploit (collectively, “Use”) any RSN Content without RSN’s prior authorisation. You may not Use any User Content or Third-Party Content without the prior authorisation of the owners or authorised licensors of such content, notwithstanding any functionalities of the Service. RSN does not guarantee access to any particular User Content, RSN Content, or Third-Party Content. RSN or its licensors, and the owners of User Content and Third-Party Content, may change, delete, or prohibit access to RSN Content, User Content or Third-Party Content, as the case may be, or schedules of any of the foregoing, at any time with or without notice. You understand that by using the Service, you may encounter User Content, Third-Party Content, and RSN Content that you may find offensive or objectionable and that might constitute Objectionable Content as defined in our Acceptable Use Policy. RSN is not the publisher of, nor responsible for, any Objectionable Content made available in User Content or Third-Party Content, and to the fullest extent permitted by law, RSN will have no liability to you with respect to Objectionable Content you access via the Service. User Content, Third-Party Content, and RSN Content may be transmitted with a variety of copy protection mechanisms. These copy protection mechanisms may be designed to protect the copyright interests of RSN or its licensors or third-party transmitting entities, as applicable. These copy protection mechanisms may limit or prevent the ability of the Service to play RSN Content, User Content or Third-Party Content. You may not remove or attempt to circumvent any copyright protection mechanisms in any RSN Content, User Content or Third-Party Content without express authorisation of the owner of such content or their authorised agent, or as otherwise permitted by law, and any attempts to do so may subject you to liability.

c. Marks. RSN trademarks, service marks and logos (the “RSN Trademarks”) used and displayed on the Service are RSN’s registered and unregistered trademarks or service marks. Other product and service names located on the Service may be trademarks or service marks owned by third parties (the “Third-Party Trademarks,” and, collectively with RSN Trademarks, the “Trademarks”). Except as otherwise permitted by law, you may not use the Trademarks to disparage RSN or the applicable third party, RSN’s or a third party’s products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. You may not use any Trademarks as part of a link to or from any Service without RSN’s prior express written consent. All goodwill generated from the use of any RSN Trademark will inure solely to RSN’s benefit.

d. Restrictions. The Service, RSN Content, and Trademarks, including all intellectual property rights therein, are the sole and exclusive property of RSN and its licensors. RSN hereby reserves all rights not expressly granted to you in this Section 5. Accordingly, nothing in this EULA or on the Service will be construed as granting to you, by implication, estoppel or otherwise, any additional license rights in and to the Service or any RSN Content or Trademarks located or displayed therein. Except for the right to access Third-Party Content through the Service, no rights are hereby granted to you with respect to such Third-Party Content.

6. User Content and Other Content.

a. Definition. This Section governs any material that you broadcast, post, publish, send, submit, transmit, or upload (collectively, “Post”) through the Service, including, by way of example and not limitation, messages, reviews, photographs, graphics, images, video or audio (including sound or voice recordings and musical recordings embodied in the video or audio), folders, data, text, and any other works of authorship or other works (collectively, “User Content”) and other activities that RSN may take with respect to materials accessible through the Service. You retain any copyright and other proprietary rights that you may hold in the User Content that you Post to the Service, subject to the licenses granted in this EULA.

b. License to User Content. By Posting User Content to or through the Service, you hereby grant to RSN (and RSN’s assignees, designees, successors, licensees, and sub-licensees) for the duration of protection by intellectual property rights an unrestricted, assignable, sublicensable, revocable, royalty-free, fully paid-up right and license throughout the world to Use all User Content you Post to or through the Service, through any media and formats now known or hereafter developed, in connection with the Service. All of the rights you grant in this EULA are provided on a through-to-the-audience basis, meaning the owners or operators of external services will not have any separate liability to you or any other third party for User Content Posted or otherwise used on external services via the Service.

c. Specific Rules for Photographs and Images. If you Post a photograph or image to the Service that includes one or more persons, you hereby grant such persons and their administrators, guardians, heirs, and trustees, if any, for the duration of protection by intellectual property rights an irrevocable, royalty free, fully paid-up, worldwide license to reproduce, distribute, and publicly display that photograph for personal use and through any online platform or service, including the Service, Facebook, Instagram, and Twitter, but not to promote any third-party product, good, or service. The license contained in this Section does not permit the subject of any photo or their administrators, guardians, heirs, or trustees to sell that image or photograph, whether on a standalone basis or as embodied in any product.

d. You Must Have Rights to the Content You Post; User Content Representations and Warranties. You must not Post any User Content to the Service if you are not the owner of or are not fully authorised to grant rights throughout the universe in all elements of the User Content you intend to Post to the Service. You are solely responsible for your User Content and the consequences of providing User Content via the Service. By providing User Content via the Service, you affirm, represent and warrant to us that: (i) you own the User Content Posted by you on or through the Service or otherwise have the right to grant the license set forth in this EULA; (ii) the Posting and Use of your User Content on or through the Service does not infringe, violate, misappropriate, or otherwise breach any third-party right, including any privacy rights, rights of publicity, copyrights, trademarks, patents, trade secrets, moral rights, contract rights, intellectual property rights or any other rights of any party in any territory throughout the universe and does not slander, defame, libel, or invade the right of privacy, publicity, or other property rights of any other person; (iii) the Posting of your User Content on the Service will not cause RSN to violate any law or regulation or require us to obtain any further licences from or pay any royalties, fees, compensation or other amounts or provide any attribution to any third parties; (iv) the Posting of your User Content on the Service does not result in a breach of contract between you and a third party; and (v) your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate. You agree to pay all monies owing to any person as a result of Posting your User Content on the Service.

e. Acceptable Uses and Objectionable Content. We want Users to have an enjoyable experience when they use the Service. To facilitate that, we have adopted an Acceptable Use Policy and a DSA Policy, applicable in certain jurisdictions, both of which are hereby incorporated by reference into this EULA. You are required to comply with the Acceptable Use Policy and DSA Policy as applicable when Posting any User Content to the Service. The Posting of any Objectionable Content, as defined in the Acceptable Use Policy, may subject you to third party claims and none of the rights granted to you in this EULA may be raised as a defence against any third party claims arising from your Posting of Objectionable Content. If you encounter any Objectionable Content on the Service, then please immediately email RSN at support@radiostationnet.com. You acknowledge and agree that RSN provides you with the ability to report Objectionable Content as a courtesy, and except as required by applicable law, RSN has no obligation to remove or take any other action with respect to any Objectionable Content on the Service that you report to us. However, RSN in its sole discretion may take any actions it deems necessary and/or appropriate against any User who Posts Objectionable Content on the Service, including, but not limited to, warning the User, suspending or terminating the User’s Account, removing all of the User’s User Content Posted on the Service, and/or reporting the User to law enforcement or other governmental authorities or regulatory bodies, either directly or indirectly. RSN is under no obligation to edit or control User Content that you or other users Post and to the maximum extent permitted by applicable law will not be in any way responsible or liable for User Content. You understand that, when using the Service, you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. To the maximum extent permitted by applicable law, you agree to waive, and do waive, any legal or equitable right or remedy you have or may have against RSN with respect to User Content. Please note that we do not store terrorist content.

f. Monitoring. RSN has the right, but not the obligation, to monitor the Service, and may remove or restrict access to any User Content or Third-Party Content from the Service for any reason in its sole discretion at any time, without notice and without any liability to you. You acknowledge that RSN may establish general practices and limits concerning use of the Service without notice to you, including, without limitation, the maximum period of time that User Content will be retained by the Service and the maximum storage space that will be allotted on RSN’s servers on your behalf. You acknowledge and agree that RSN may preserve any content and may also disclose any content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process, applicable laws or government or regulatory requests; (ii) enforce this EULA; (iii) respond to claims that any content violates the rights of third parties; or (iv) protect the rights, property, or personal safety of RSN, its Users and the public. You understand that RSN does not guarantee any confidentiality with respect to User Content and will have no responsibility or liability for User Content that is deleted from the Service.

7. Special Notice for International Use; Export Controls.

Software available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. You download and use the software at your sole risk. Recognising the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content. RSN makes no representation that the Service is appropriate or available for use in any particular location.

8. Advertisements and External Sites.

a. Advertisements. RSN may display advertisements for the goods and services of third parties or other promotional materials on the Service. Your dealings with, or participation in, promotions of any third-party advertisers on the Service, are solely between you and such third party, and your participation is subject to any terms and conditions associated with that advertisement or promotion. RSN does not endorse or represent such third parties.

b. External Sites. The Service may contain links to or the ability to share information with third-party websites (“External Sites”), such as Twitter, Tumblr or Facebook, including through our implementation of third-party buttons (such as “share” buttons). By using a tool that enables you to export information, including User Content, to an External Site, you hereby authorise RSN to transfer that information to the applicable External Site. External Sites are not under RSN’s control, and, to the fullest extent permitted by law, RSN is not responsible for any External Site’s use of your exported information. Once sharing occurs, RSN will have no control over the information that has been shared. RSN does not endorse any External Sites or the content made available on such External Sites. All External Sites and any content thereon is developed and provided by others. You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such content located on such External Sites. RSN is not responsible for the content of any External Sites and does not make any representations regarding the content or accuracy of any materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer and connected devices from viruses and other destructive programs. If you decide to access any External Sites, purchase any content from External Sites or subscribe to services offered by such External Site, then you do so at your own risk. You agree that RSN will have no liability to you arising from your use, engagement, exposure to or interaction with any External Sites.

9. Feedback.

We respect and appreciate the thoughts and comments from our Users. If you choose to provide input and suggestions regarding existing functionalities, problems with or proposed modifications or improvements to the Service (“Feedback”), then you hereby grant RSN an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right and license to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services. We will have no obligation to provide you with attribution for any Feedback you provide to us.

10. Limitation of Liability and Disclaimer of Warranties.

NOTHING IN THIS EULA EXCLUDES OR LIMITS OUR LIABILITY FOR: (A) DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE; (B) FRAUD OR FRAUDULENT MISREPRESENTATION; AND (C) ANY MATTER IN RESPECT OF WHICH IT WOULD BE UNLAWFUL FOR US TO EXCLUDE OR RESTRICT OUR LIABILITY. SUBJECT TO THIS, THE FOLLOWING TERMS IN THIS SECTION 10 APPLY TO THE FULLEST EXTENT PERMITTED BY LAW:

a. TUNEIN, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS (COLLECTIVELY, THE “TUNEIN PARTIES”) MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE SERVICE AND ANY CONTENT AVAILABLE ON THE SERVICE, INCLUDING, BUT NOT LIMITED TO, THE ACCURACY, RELIABILITY, COMPLETENESS APPROPRIATENESS, TIMELINESS OR RELIABILITY THEREOF. THE TUNEIN PARTIES WILL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY OR COMPLETENESS OF ANY CONTENT ON THE SERVICE OR ANY OTHER INFORMATION CONVEYED TO ANY USER, OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN, OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA FROM WHATEVER CAUSE. AS A USER, YOU AGREE THAT YOU USE THE SERVICE AND ANY CONTENT THEREON AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ALL CONTENT YOU UPLOAD TO THE SERVICE.

b. THE TUNEIN PARTIES DO NOT WARRANT THAT THE SERVICE WILL OPERATE ERROR FREE, OR THAT THE SERVICE AND ANY CONTENT THEREON ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE SERVICE OR ANY CONTENT THEREON RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THEN NO TUNEIN PARTY WILL BE RESPONSIBLE FOR THOSE COSTS.

c. THE SERVICE AND ALL CONTENT THEREON ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. ACCORDINGLY, THE TUNEIN PARTIES DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS AND FITNESS FOR PARTICULAR PURPOSE.

d. IN NO EVENT WILL ANY TUNEIN PARTY BE RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT IS NOT FORESEEABLE. LOSS OR DAMAGE IS FORESEEABLE IF IT WAS AN OBVIOUS CONSEQUENCE OF TUNEIN’S BREACH OF THE EULA OR IF IT WAS CONTEMPLATED BY YOU OR TUNEIN AT THE TIME YOU ACCESSED THE SERVICE.

e. TUNEIN’S AGGREGATE LIABILITY, AND THE LIABILITY OF ANY OTHER TUNEIN PARTIES, TO YOU OR ANY THIRD PARTIES IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU AND ARISING OUT OF OR IN CONNECTION WITH THIS EULA, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE IS LIMITED TO THE GREATER OF THE FEES YOU HAVE PAID US AND €100.

f. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 10 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

g. RSN has a legal obligation to make sure that the App and the Services, insofar these are paid for or provided in exchange for the provision of personal data (unless an exception applies under applicable law), are in conformity with the contract of sale and RSN does not disclaim any warranty or other right in this regard, or any other warranty or other right that RSN is prohibited from disclaiming under applicable law.

11. Third Party Disputes.

TO THE FULLEST EXTENT PERMITTED BY LAW, ANY DISPUTE YOU HAVE WITH ANY THIRD PARTY ARISING OUT OF YOUR USE OF THE SERVICE, INCLUDING, BY WAY OF EXAMPLE AND NOT LIMITATION, ANY CARRIER OR OTHER USER, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE THE TUNEIN PARTIES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. TUNEIN WILL HAVE NO LIABILITY TO YOU OR ANY THIRD PARTY WITH REGARD TO YOUR ABILITY TO ACCESS, LISTEN TO, OR OTHERWISE USE, ANY TUNEIN CONTENT, USER CONTENT, OR THIRD-PARTY CONTENT.

12. Indemnification.

Provided that you have culpably caused any of the following, you agree to indemnify and hold RSN, and its officers, directors, employees, agents, successors, and assigns harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected to (a) your access, use, or misuse of the Service or RSN Content; (b) your User Content; (c) your violation of any portion of this EULA, any representation, warranty, or agreement referenced in this EULA, or any applicable law or regulation; (d) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (e) any dispute or issue between you and any third party. RSN will use reasonable efforts to notify you of any such claim, action or proceeding for which it seeks an indemnification from you upon becoming aware of it, but if RSN is unable to communicate with you in a timely manner because of an inactive e-mail address for you, then your indemnification obligation will continue notwithstanding RSN’s inability to contact you in a timely manner. You agree to cooperate with any reasonable requests to assist RSN’s defence of such matter.

13. Term and Termination of the EULA.

a. Term. As between you and RSN, the Term of this EULA commences as of your first use of the Service and continues until the termination of this EULA by either you or RSN.

b. Termination. You may terminate this EULA by sending written notification to RSN at support@radiostationnet.com, deleting the App from your connected device and terminating all other uses of the Service. RSN reserves the right, in its sole discretion, to restrict, suspend or terminate this EULA and your access to all or any part of the Service at any time without prior notice or liability if you breach any provision of this EULA or violate the rights of any third party. RSN may further terminate this EULA at any time for any other reason by giving you thirty (30) days’ written notice to you, using the email address associated with your Account credentials.

c. Effect of Termination. After any termination of this EULA, you understand and acknowledge that (i) we will have no further obligation to provide the Service to you; and (ii) all licences and other rights granted to you in this EULA will immediately cease. RSN is not liable to you or any third party for termination of the Service or termination of your use of the Service. Notwithstanding anything in this EULA to the contrary, if you have signed up for a Subscription and RSN cancels your Subscription without cause, then RSN will refund to you the pro-rated (by month), unearned portion of any amounts that you have prepaid to RSN for such Subscription. Upon any termination or suspension, you may no longer access any information (including your User Content) that you have Posted to the Service or that is related to your Account. Furthermore, RSN will have no obligation to maintain any information stored in our database related to your Account or to forward any information to you or any third party. You acknowledge and agree that RSN will not be required to delete any of your User Content that may be stored on any servers or other back-up media owned or controlled by or on behalf of RSN following the termination of your Account. You are solely responsible for retaining copies of any User Content you Post to the Service since upon termination of your account, you may lose access rights to any User Content you Posted to the Service. If your account has been terminated for a breach of these Terms, then you are prohibited from creating a new account on the Service using a different name, email address or other forms of account verification.

d. Survival. Sections 1.a, 1.c, 1.d, 1.e, 2.b, 2.c, 2.d, 2.e, 3.b, 5.b, 5.c, 5.d, 6, 7, 9, 10, 11, 12, 13.b, 13.c, 13.d, 14, 15, 16, 18 and all defined terms used therein will survive the termination of this EULA indefinitely.

14. Consent to Electronic Communications.

Please read the Privacy Policy to learn more about your choices regarding our electronic communications practices. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

15. Governing Law.

This EULA is governed by English law. This means that your access to the Service and any dispute or claim arising out of or in connection with it (including non-contractual disputes or claims) will be governed by English law. You may bring any dispute which may arise under this EULA to, at your discretion, either the competent court of England, or to the competent court of your country of habitual residence if this country of habitual residence is within the UK or is an EU Member State, which courts are (with the exclusion of any other court) competent to settle any such dispute. RSN shall bring any dispute which may arise under this EULA to the competent court of your country of habitual residence if this is within the UK or is an EU Member State or otherwise the competent court of England. If you are a consumer and are resident in the UK or an EU Member State and RSN directs the Service in the country in which you are resident, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in this EULA affects your rights as a consumer to rely on such mandatory provisions of local law.

16. Miscellaneous.

The United Nations Convention on Contracts for the International Sale of Goods does not apply to this EULA. Except as expressly permitted in Section 1.a above, this EULA, the Copyright Policy and any other agreements expressly incorporated by reference herein may be amended only by a written agreement signed by you and an authorised representative of RSN. In addition to the foregoing, you acknowledge that certain aspects of your use of the Service may be governed by additional policies, including RSN’s Cookie Policy, DSA Policy and Privacy Policy. The failure to require performance of any provision of this EULA will not affect our right to require performance at any time thereafter, nor will a waiver of any breach or default of this EULA or any provision of this EULA constitute a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in this EULA is for convenience only and will not have any impact on the interpretation of particular provisions. In the event that any part of this EULA is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible and the remaining parts will remain in full force and effect. You agree that no joint venture, partnership, employment, or agency relationship exists between you and RSN as a result of this EULA or use of the Service. You acknowledge and agree that Apple, Inc. (“Apple”), Apple’s subsidiaries, and certain other third parties with whom RSN does business, are third party beneficiaries of this EULA, and that Apple and/or such third parties will have the right to enforce this EULA against you as a third party beneficiary thereof.

17. Contact Us.

If you have any comments, complaints, suggestions about this EULA or the Service or otherwise would like to contact us, then you can contact RSN by email at support@radiostationnet.com, or by U.S. post at Radio Station Network, 1112 Matlick Road, Meyersdale, PA 15552 United States.

18. Open Source Software.

The App contains certain open source software. Each item of open source software is subject to its own applicable license terms, which can be found at http://radiostationnet.com/support/licensing/ios/ and http://radiostationnet.com/licensing/android/.

19. NOTICE REGARDING APPLE.

This Section 19 only applies to the extent you are using our mobile application on an iOS device. You acknowledge that this EULA is between you and RSN only, not with Apple, and Apple is not responsible for the App or the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, then you may notify Apple and Apple will refund the purchase price for the relevant App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the App. Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights. You agree to comply with any applicable third party terms, when using the App. Apple, and Apple’s subsidiaries, are third party beneficiaries of this EULA, and upon your acceptance of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third party beneficiary of this EULA. You hereby represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

20. Online Dispute Resolution.

If you wish to have more information on online dispute resolution, please follow this link to the website of the European Commission: http://ec.europa.eu/consumers/odr/. This link is provided as required by Regulation (EU) No 524/2013 of the European Parliament and of the Council for information purposes only. We are neither obliged nor willing to participate in online dispute resolution.

21. English Language.

The English language version of this EULA is the version that governs your use of the Service and in the event of any conflict between the English language version and a translated version, the English language version will control. You expressly agree that this EULA and all ancillary documents be drafted solely in English.