Radiojar SA, 2 Eyristheos street, Athens, 11854, Greece, e-mail:email@example.com ("Radiojar" or "we", "our" or "us") owns or controls, and provides access to the Radiojar.com website, at the url www.radiojar.com and all subdomains under the radiojar.com domain and related properties (the "Website"), any Radiojar.com client software, the Radiojar.com widgets, the Radiojar.com API and all proprietary services, software, data and materials accessed via the Website (the "Services" or "Properties").
Radiojar provides the technical means permitting you -a webcaster, hereinafter referred to as "you" or "webcaster" or "station owner"- to easily become a webcaster, by replacing the usually complex and expensive set up of hardware, software and operations needed to run a webradio station with simple and easy to use web tools. By using Radiojar’s technical means you can create your own Webradios and stream via your site or third party site or any other platform or any other means your programs including musical and other audio content produced by you.
Bear in mind that in order to access the above mentioned services of Radiojar you need to REGISTER and create your OWN ACCOUNT.
Please, also, take into consideration that making a registration and creating your own user account does not necessarily mean that you will be asked to pay any fees.
The services provided by Radiojar are available to any person with legal capacity/capacity to exercise legal rights.
Radiojar charges a fixed monthly fee to the station owners for the use of its Services and the dissemination of the audio programs they produce. The fees corresponding to the use of this services are indicated on the price list of our website. Such fees must be prepaid every month. VAT may be added to the fees mentioned in the price list, pending on your location.
In case you exceed the plan allowances, as indicated in the price list, during a monthly billing period, any additional use of resources by you, will be charged extra for that month as indicated in the price list, using the same method entered in the subscription plan.
Radiojar is entitled to terminate the agreement if the webcaster does not pay the relevant costs/fees and/or any extra costs (including taxes, such as VAT) by the end of the billing period.
Radiojar reserves the right to change the price list and charge differently for its Services. In such event the new prices will be posted on the price list. These changes will not affect the user who has already paid fees for a specific period. In this case the new fees will apply at the moment of the renewal of the subscription by the user.
After the expiration of the prepaid period, this Agreement will be automatically renewed for the same period that you selected when registering.
The fee (as chosen from the price list) must be paid via credit card or debit card or online banking or prepaid card. You may only order subscriptions if you are considered capable of entering into an enforceable contract in the applicable jurisdiction. You agree to pay in full the prices for any purchases you make either by credit/debit card concurrent with your online order or by other payment means acceptable to Radiojar.com. If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us.
Any Additional credit or debit charges that may incur due to the transaction will be paid by you and not by Radiojar.
In order to secure the payments through your credit cards, Radiojar collaborates with certified payment service providers operating according to the provisions of the relevant legislation.
In order for the payment of the monthly subscription to be accomplished, you are directed to a secure page of the collaborating payment service provider which is linked to Radiojar's website. There you:
Radiojar does not store the data inserted by you in relation to the number of the card or the card security code verifying the authenticity of the card (for example CVV/VISA or CVC/MC). The service provider collaborating with Radiojar controls the data inserted and informs electronically Radiojar, for the approval or the rejection of the transaction.
All initial charges are due on the date of registration and all fees of every renewal shall be due and paid on the same day (as the day of the registration) every next month.
In case a transaction is rejected, irrespectively of the reason of the rejection (which could be for example default on overdraft, failure of the system of the payment service provider or of the Bank issuing the card) you must ensure the payment, otherwise Radiojar is entitled to stop providing its services to you.
Radiojar is under no circumstances liable in case the payment service provider fails to inform Radiojar on the successful accomplishment of the payment of the monthly subscription or due to reasons related to the Internet Service Provider. In any case if Radiojar is not informed on the approval of the payment for reasons which are not due to Radiojar, but the transaction is charged to your card, then Radiojar will assume that you have cancelled the procedure of the payment of the monthly subscription.
If for any reason you dispute the transactions related to Radiojar services, you must notify Radiojar within 20 days. In this event Radiojar is entitled to seek all necessary information from the payment service provider in order to ensure that a charge is normally completed in accordance with the rules governing electronic card payments.
Invoices will be sent to the e-mail that you have indicated at the registration process. For that reason please make sure that you have registered your current e-mail.
If upon expiration of the prepaid period, you don't want to continue using Radiojar's Services, you have to cancel your account, otherwise the subscription will be automatically renewed. Please make sure that you have canceled your account before the billing date, if you want to avoid to be charged for the renewal period.
If the fees are not paid on time, Radiojar reserves the right to terminate your account.
Within 14 calendar days from the date of the first transaction/payment, you have the right to withdraw from the use of Radiojar's Services. In this case, Radiojar will return to you the amount prepaid in relation to the remaining days of the prepaid period, within thirty (30) calendar days from the date of exercising the right of withdrawal.
Radiojar gives you the opportunity to produce your own webradio programs by providing you the related technical means. Radiojar does not communicate to the public the content and/or proceed with any act which could be considered as communication to the public or broadcasting or public performance. Radiojar only provides you with the technical means for the creation of your Webradios.
If you do not respect the aforementioned conditions, Radiojar is entitled to stop the transmission of the programs, according to the terms mentioned in Article 4 and 7 of the present agreement.
By entering this Agreement it is understood that in order for Radiojar to provide its services to you it has to proceed with certain acts related to your content. These acts are of purely technical nature and they are not to be consider as an exploitation of the content. You grant permission, to proceed with such acts.
You acknowledge that this agreement may be assigned by Radiojar for any reason without notice to you or your consent, to any third person or entity. In such case Radiojar's successors or assigns may terminate this agreement by giving immediate written notice to you. Notwithstanding such termination all warranties, indemnities and representations set forth herein (as regards all users) remain in full force and effect. You hereby acknowledge that any act effectuated by Radiojar is not to be considered as infringement of your moral rights but as a lawful exercise of these rights (waiver of moral rights).
You acknowledge that Radiojar has the right to suspend access to streaming that derives from unauthorized or illegal content. The said suspension will be effectuated five days from the receipt of the relevant request from the rightholder, his collecting society etc.
Radiojar reserves its right to terminate at any time your use of its Services/Properties/Website even by closing down your web radio, in case of any breach of the present agreement which may impose liability upon Radiojar (for example if you transmit unauthorized or illegal content). In case Radiojar is informed by any rightholder (e.g. any Collecting Society) of any infringement, the said suspension will be effectuated five (5) days from the receipt of the relevant request from the third party ("notice and take down").Radiojar has no responsibility/liability whatsoever.
The past, present and future content of the Properties, including without limitation, copyright works and all intellectual property rights such as software, logos, trademarks domain names, designs, graphics, pictures, photos, texts, newsletters, etc and any and all copyright material and all other intellectual property right and/or materials related to the Properties (collectively "Content") are the sole property of Radiojar. No rights in or to the Content and/or to the Properties are granted to you. All programs produced by the webcasters of the Website are deemed part of the "Content".
By entering this Webcasting Agreement you further acknowledge that Radiojar has the right to assign the present Agreement without notice to you. This assignment includes the right to permit to other entities to further transmit the Webcaster's programs.
Radiojar reserves the right to terminate this Agreement at any time, without prior notice and without liability. It is however certain that Radiojar will prohibit you from using its services if: a) you infringe intellectual property of third parties or violate any applicable law, b) you do not abide to the rules-obligations, set forth in this Agreement and if you breach this Agreement in any way.
Radiojar has the right to suspend access to streaming that derives from unauthorized or illegal content. Radiojar reserves its right to terminate at any time your use of its Services/Properties/Website even by closing down your web radio, in case of any breach of the present agreement which may impose liability upon Radiojar. In case Radiojar is informed by any rightholder (e.g. any Collecting Society) of any infringement, the said suspension will be effectuated five (5) days from the receipt of the relevant request from the third party ("notice and take down"). Radiojar has no responsibility/liability whatsoever.
The Properties, including, without limitation, all Content, Software, and functions made available on or accessed through or sent from the website, are provided "AS IS," "as available, " and "with all faults". Radiojar.com and its parents, subsidiaries and affiliates make no representation or warranties or endorsements of any kind whatsoever (express or implied) about: (a) the Properties; (b) the Content and Software on and provided through the Properties; (c) the functions made accessible on or accessed through the Properties; (d) the content and information sent from or through the properties by users; (e) any products or services offered via the website or hypertext links to third parties; and/or (f) the treatment of any information, content, material or data transmitted by users to the Properties; (g) security associated with the transmission of information through the properties or any linked site. Radiojar is trying to build the best service for its users, however, it cannot guarantee the uninterrupted or error-free function of the Website or that the defects will be corrected or that it will be free of viruses. Therefore Radiojar.com does not warrant that the Properties, any of the Properties' functions or any Content contained therein will be uninterrupted or error-free; that defects will be corrected; or that the Properties or the servers that make them available are free of viruses or other harmful components.
Under no circumstances shall Radiojar.com, its parent, subsidiaries, or affiliates or the directors, officers, employees, or other representatives of each of them, be liable to you for any loss or damages of any kind, including, without limitation, for any special, direct, indirect, incidental, exemplary, economic, punitive, or consequential damages that are directly or indirectly related to (a) the Properties, the Content, or your upload information; (b) the use of, inability to use, or performance of the properties or any of the Content or features thereon; (c) any action taken in connection with an investigation by Radiojar.com or law enforcement authorities regarding your use of the Properties or Content; (d) any action taken in connection with copyright owners; (e) any errors or omissions in the Properties' technical operation, (including, without limitation, whether caused in whole or in part by negligence, acts of god, telecommunications failure, or theft or destruction of the Properties).
Radiojar.com is not responsible for any damage to any user's computer, hardware, computer software, or other equipment or technology including, without limitation, damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction.
Your access to and use the Properties is at your own risk. If you are dissatisfied with the Properties or any of the Content, your sole and exclusive remedy is to discontinue accessing and using the Properties or the Content.
You recognise and confirm that in the event you incur any damages, losses or injuries that arise out of Radiojar.com's acts or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing any exploitation of any web site, property, product, program, or other audio content owned or controlled by Radiojar.com and/or its parents, subsidiaries, and/or affiliates or your upload information, and you will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of any Radiojar.com web site, services, properties, product, program, music, or other audio or other content or your upload information or any and all activities or actions related thereto.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF RADIOJAR EXCEED THE AMOUNT YOU HAVE PAID WITHIN THE LAST 3 MONTHS.
Radiojar disclaims any liability in the event that the webcasters a) have not acquired the necessary licenses. from the collecting societies or rightholders, in order to be able to lawfully transmit their programs (as indicated under paragraph 2 d) and b) transmit works protected by Copyright such as books, poems etc, thus, works other than the musical works/recordings for which they have acquired licenses.
Radiojar collects and stores information of listeners (the “Listeners”) of the Webcaster’s web radio and/or associated and/or affiliated broadcasting websites and apps selected/used by the Webcaster, via Radiojar’s embedded services. Such data is collected via the above- mentioned websites and is processed by Radiojar on behalf of the Webcaster, who is responsible for acquiring all relevant lawful consents for the collection and processing of such data and for complying with all obligations of Data Controllers set out in the GDPR and all further applicable Data Protection Legislation. Radiojar only collects the following “listeners’” data:
This data is only processed by Radiojar on behalf of the Webcaster in order to provide the Webcaster with metrics and further statistical info concerning the usage of his webradio. All such data provided to the Webcaster are completely anonymous and the Webcaster is not provided any IP address of listeners or any similar data which may lead to the identification of an individual listener. Processing of such Data by Radiojar is controlled by Annex A (“Data Protection Agreement”) attached to this Webcaster Agreement.
The present Webcasting Agreement and its interpretation shall be governed by and construed in accordance with the Greek Law and the parties consent to the exclusive jurisdiction of the Courts of Athens.
This Data Processing Addendum (“DPA”) forms indispensable part of the Webcaster and Simulcaster Agreement between Radiojar S.A. (“Radiojar” or “Company”) and Webcaster/Simulcaster, (“Customer”).
If and to the extent that Company shall be deemed Processor of any Personal Data delivered to Company or provided to Company by Customer in the course of this Agreement, and if and to the extent that any Service provided by Radiojar in the course of this Agreement may be deemed or be may be interpreted to include processing of Data on behalf of the Customer, this Data Processing Addendum shall apply.
In this Agreement the following words and phrases shall have the following meanings, unless
inconsistent with the context or as otherwise specified:
“personal data” shall mean any information relating to a natural person («data subject») from which, directly or indirectly, the said natural person is or can be identified (his identity is verified);
“processing of personal data” shall mean any operation or set of operations which is performed by the Processor on behalf of the Controller, which takes place with or without automated means, on personal data or on sets of personal data, collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction;
“sub-processing” shall mean the process by which either party arranges for a third party to carry out its obligations under this Agreement and “Sub Contractor” shall mean the party to whom the obligations are subcontracted;
“Technical and organisational security measures” shall mean means those measures aimed at protecting personal data against accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure or access, in particular where the processing involves the transmission of data over a network, and against all other unlawful forms of processing, and “Instruction” shall mean the documented instructions offered by the Controller to the Processor and instruct the latter to perform specific actions regarding personal data. These instructions may from time to time be modified, strengthened or replaced by the Controller with separate documented instructions from the controller (personalized instructions).
2.1 The Processor shall only carry out those actions in respect of the personal data
processed on behalf of the Controller as are expressly authorized by the Controller.
Processor shall immediately inform Controller if, in its opinion, an instruction infringes
2.2 Taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of Processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, Processor shall implement appropriate technical and organizational measures to ensure a level of security appropriate to that risk, including, as appropriate, the measures referred to in Article 32(1) of the GDPR. In assessing the appropriate level of security, Processor shall take account in particular of the risks that are presented by Processing, in particular from a Personal Data Breach.
Customer agrees, declares and warranties that all personal data possibly provided to or shared with the Company in the course of this Agreement, shall be collected and processed lawfully by the Customer. Customer declares and warrants that the above-mentioned data have been collected lawfully and that the Customer has acquired all necessary consent, under Law, for the processing of such Data. Customer shall at all times comply with the General Data Protection Regulation 2016/679 (“GDPR”) and/or with the EU-US/SWISS-US privacy shield principles and with all and any further Personal Data Legislation which may be applicable to Customer’s business. Customer shall indemnify and hold Radiojar harmless and agree to defend against any third party claim or action brought against Radiojar or any of its parent, subsidiary or affiliated companies, from and against any and all claims, actions, losses, liabilities, damages, costs and expenses (including legal fees and costs) arising out of or in connection with any claim(s) regarding a breach, by the Customer, of the applicable Data Protection Legislation with which the Customer must comply.
4.1 The Processor agrees that it shall maintain the personal data processed by the
Processor on behalf of the Controller in confidence. In particular, the Processor agrees
that, save with the prior written consent of the Controller, it shall not disclose any
personal data supplied to the Processor by, for, or on behalf of, the Controller to any
4.2 The Processor shall not make any use of any personal data supplied to it by the Controller otherwise than in connection with the provision of services to the Controller.
4.3 The obligations in clauses 4.1 and 4.2 above shall continue for a period of five years after the cessation of the provision of services by the Processor to the Controller.
4.4 Nothing in this agreement shall prevent either party from complying with any legal obligation imposed by a regulator, Competent Authority or court. Both parties shall however, where possible, discuss together the appropriate response to any request from a regulator or court for disclosure of information.
5.1 The Processor shall not appoint a sub-processor and shall not subcontract any of
its rights or obligations under this Agreement without the prior written consent of the
Controller. Sub-processors used and already approved by the Controller are listed in Exhibit
A of this Data Processing Agreement.
5.2 Where the Processor, with the consent of the Controller, appoints a sub-processor and sub-contracts its obligations under this agreement it shall do so only by way of a written agreement with the sub-processor which imposes no less protective obligations in relation to the security of the processing as are imposed on the Processor under this Agreement.
5.3 For the avoidance of doubt, where the sub-processor fails to fulfil its obligations under any sub-processing agreement, the Processor shall remain fully liable to the Controller for the fulfilment of its obligations under this Agreement.
Taking into account the nature of the processing, the Processors shall assist the Controller by implementing appropriate technical and technological measures, insofar as possible, for the fulfillment of the Controller’s obligations to respond to requests to exercise Data Subject rights under the GDPR. Processor shall promptly notify Controller in case it receives a request from a Data Subject under GDPR in respect of personal data. Processor shall not respond to such request except on the documented instructions of Controller or as required by applicable laws to which Processor is subject, in which case Processor shall inform Controller of that legal requirement before Processor responds to Data Subject’s request.
Any processing of Data outside the territory of the European Economic Area shall require the prior written consent of Controller and may only be carried out if all legal requirements under Applicable Data Protection Law for such processing are fulfilled. Such measures may include (without limitation) transferring the Data to a recipient in a country that the European Commission has decided provides adequate protection for personal data, to a recipient that has achieved binding corporate rules authorisation in accordance with Applicable Data Protection Law, or to a recipient that has executed standard contractual clauses adopted or approved by the European Commission.
8.1 Processor shall notify Controller without undue delay upon it becoming aware of a
Personal Data Breach, providing Controller with sufficient information to allow it to meet
any obligations to report or inform Data Subjects of the Personal Data Breach. Processor
shall cooperate with Controller and take such reasonable commercial steps as are directed by
Controller to assist in the investigation, mitigation and remediation of each such Personal
8.2 Processor shall provide reasonable assistance to Controller with any data protection impact assessments, and prior consultations with Supervising Authorities or other competent data privacy authorities.
9.1 Processor shall appoint persons responsible for the protection of personal data
as required by the applicable legislation, keep records of the processing activities under
his responsibility, cooperate with the competent authorities and set at their disposal such
records so that it can use them to monitor the processing operations in question.
9.2 At the choice of the Controller and based on his instructions, Processor, after the end of the provision of services relating to processing, shall (a) comply with any other agreement made between the parties concerning the return or destruction of data, or (b) return all personal data passed to the Processor by the Controller for processing, or (c) on receipt of instructions from the Controller, destroy all such data unless prohibited from doing so by any applicable law.
9.3 Processor shall make available to Controller all information necessary to demonstrate compliance with the obligations laid down in this Article and allow for and contribute to audits, including inspections, conducted by the controller or another auditor mandated by the Controller.
This Agreement shall continue in full force and effect for so long as the Processor is processing personal data on behalf of the Controller.
This Agreement shall be governed by and construed in accordance with the national law of the country in which the Controller is established.
List of approved sub-processors:
Google Cloud Services: https://cloud.google.com/terms/data-processing-terms
OVH Cloud Services: https://us.ovhcloud.com/legal/data-privacy-addendum