Terms of Use

Our Terms of Use

Hello, and welcome to the VOS FM 88.9 Terms and Conditions of Use (“Terms”). The Terms you see below are important because they:

Outline your legal rights on VOS FM 88.9
Explain the rights you give to us when you use VOS FM 88.9
Describe the rules everyone needs to follow when using VOS FM 88.9
Please read these Terms, our Privacy Policy and any other terms referenced in this document carefully. We hope you’re sitting comfortably and listening to some great music. Here we go…

1 Introduction

Thanks for choosing VOS FM 88.9 (“VOS FM 88.9,” “we,” “us,” “our”). VOS FM 88.9 provides streaming music and other content as well as other products and services that may be developed from time to time. By signing up or otherwise using any of these VOS FM 88.9 services, including all associated features and functionalities, websites and user interfaces, as well as all content and software applications associated with our services (collectively, the “VOS FM 88.9 Service” or “Service”), or accessing any music, videos or other content or material that is made available through the Service (the “Content”) you are entering into a binding contract with VOS FM 88.9 USA Inc. Your agreement with us includes these Terms and any additional terms that you agree to, as discussed in the Entire Agreement section below, other than terms with any third parties (collectively, the “Agreements”). The Agreements include terms regarding future changes to the Agreements, export controls, automatic renewals, limitations of liability, privacy, waiver of class actions, and resolution of disputes by arbitration instead of in court. If you wish to review the terms of the Agreements, the current effective version of the Agreements can be found on VOS FM 88.9’s website. You acknowledge that you have read and understood the Agreements, accept these Agreements, and agree to be bound by them. If you don’t agree with (or cannot comply with) the Agreements, then you may not use the VOS FM 88.9 Service or access any Content. In order to use the VOS FM 88.9 Service and access any Content, you need to (1) be 18 years or older, or be 13 years or older and have your parent or guardian’s consent to the Agreements, and (2) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws. You also promise that any registration information that you submit to VOS FM 88.9 is true, accurate, and complete, and you agree to keep it that way at all times.

2 Changes to the Agreements

Occasionally we may make changes to the Agreements. When we make material changes to the Agreements, we’ll provide you with notice as appropriate under the circumstances, e.g., by displaying a prominent notice within the Service or by sending you an email. In some cases, we will notify you in advance, and your continued use of the Service after the changes have been made will constitute your acceptance of the changes. Please therefore make sure you read any such notice carefully. If you do not wish to continue using the Service under the new version of the Agreements, you may terminate your account by contacting us. If you received a Trial or a Paid Subscription through a third party, you must cancel the applicable Paid Subscription through such a third party.

3 Enjoying VOS FM 88.9

Here’s some information about all the ways you can enjoy VOS FM 88.9.

3.1 Service Options
You can find a description of our Service options on our website, and we will explain VOS FM 88.9. Service options are available to you when you create a VOS FM 88.9 account. The programming and music are provided to you free-of-charge. We are not responsible for the products and services provided by such third parties. We reserve the right to modify, terminate or otherwise amend our offered subscription plans and promotional offerings at any time in accordance with these Terms.

3.2 Trials
From time to time, we or others on our behalf may offer trials of Paid Subscriptions for a specified period without payment or at a reduced rate (a “Trial”). VOS FM 88.9 may determine your eligibility for a Trial, and withdraw or modify a Trial at any time without prior notice and with no liability, to the extent permitted under applicable law.

For some Trials, we’ll require you to provide your payment details to start the Trial. By providing such details you agree that we may automatically begin charging you for the Paid Subscription on the first day following the end of the Trial on a recurring monthly basis or another interval that we disclose to you in advance. IF YOU DO NOT WANT THIS CHARGE, YOU MUST CANCEL THE APPLICABLE PAID SUBSCRIPTION BEFORE THE END OF THE TRIAL BY CLICKING HERE IF YOU SIGNED UP FOR THE TRIAL THROUGH VOS FM 88.9, OR IF YOU RECEIVED YOUR TRIAL THROUGH A THIRD PARTY, YOU MUST CANCEL THE APPLICABLE PAID SUBSCRIPTION THROUGH THE THIRD PARTY.

4 Using our service

The VOS FM 88.9 Service and the Content are the property of VOS FM 88.9 or VOS FM 88.9’s licensors. We grant you limited, non-exclusive, revocable permission to make use of the VOS FM 88.9 Service, and limited, non-exclusive, revocable permission to make personal, non-commercial use of the Content (collectively, “Access”). This Access shall remain in effect until and unless terminated by you or VOS FM 88.9. You promise and agree that you are using the VOS FM 88.9 Service and Content for your own personal, non-commercial use and that you will not redistribute or transfer the VOS FM 88.9 Service or the Content.

The VOS FM 88.9 software applications and the Content are not sold or transferred to you, and VOS FM 88.9 and its licensors retain ownership of all copies of the VOS FM 88.9 software applications and Content even after installation on your personal computers, mobile handsets, tablets, wearable devices, speakers and/or other devices (“Devices”).

All VOS FM 88.9 trademarks, service marks, trade names, logos, domain names, and any other features of the VOS FM 88.9 brand (“VOS FM 88.9 Brand Features”) are the sole property of VOS FM 88.9 or its licensors. The Agreements do not grant you any rights to use any VOS FM 88.9 Brand Features whether for commercial or non-commercial use.

You agree not to use the VOS FM 88.9 Service, the Content, or any part thereof in any manner not expressly permitted by this Agreement. Except for the rights expressly granted to you in the Agreements, VOS FM 88.9 grants no right, title, or interest to you in the VOS FM 88.9 Service or Content.

Third-party software (for example, open-source software libraries) included in the VOS FM 88.9 Service is made available to you under the relevant third party software library’s license terms as published in the help or settings section of our desktop and mobile client and/or on our website.

5 Third Party Applications and Devices

The VOS FM 88.9 Service is integrated with or may otherwise interact with third party applications, websites, and services (“Third Party Applications”) and third party Devices to make the VOS FM 88.9 Service available to you. These Third Party Applications and Devices may have their own terms and conditions of use and privacy policies and your use of these Third Party Applications and Devices will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that VOS FM 88.9 does not endorse and is not responsible or liable for the behavior, features, or content of any Third Party Application or Device or for any transaction you may enter into with the provider of any such Third Party Applications and Devices, nor does VOS FM 88.9 warrant the compatibility or continuing compatibility of the Third Party Applications and Devices with the Service.

6 Rights you grant us

In consideration for the rights granted to you under the Agreements, you grant us the right (1) to allow the VOS FM 88.9 Service to use the processor, bandwidth, and storage hardware on your Device in order to facilitate the operation of the Service, (2) to provide advertising and other information to you, and (3) to allow our business partners to do the same. In any part of the VOS FM 88.9 Service, the Content you access, including its selection and placement, may be influenced by commercial considerations, including VOS FM 88.9’s agreements with third parties. Some Content licensed by, provided to, created by or otherwise made available by VOS FM 88.9 (e.g. podcasts) may contain advertising as part of the Content. The VOS FM 88.9 Service makes such Content available to you unmodified. If you provide feedback, ideas or suggestions to VOS FM 88.9 in connection with the VOS FM 88.9 Service or Content (“Feedback”), you acknowledge that the Feedback is not confidential and you authorize VOS FM 88.9 to use that Feedback without restriction and without payment to you. Feedback is considered a type of User Content.

7 User guidelines

VOS FM 88.9 respects intellectual property rights and expects you to do the same. We’ve established a few ground rules for you to follow when using the Service, to make sure VOS FM 88.9 stays enjoyable for everyone. You must follow these rules and should encourage other users to do the same.

The following is not permitted for any reason whatsoever:

copying, redistributing, reproducing, “ripping,” recording, transferring, performing or displaying to the public, broadcasting, or making available to the public any part of the VOS FM 88.9 Service or the Content, or otherwise making any use of the VOS FM 88.9 Service or the Content VOS FM 88.9. It is not expressly permitted under the Agreements or applicable law or VOS FM 88.9ch otherwise infringes the intellectual property rights (such as copyright) in the VOS FM 88.9 Service or the Content or any part of it;
using the VOS FM 88.9 Service to import or copy any local files that you do not have the legal right to import or copy in this way;
transferring copies of cached Content from an authorized Device to any other Device via any means;
reverse-engineering, decompiling, disassembling, modifying, or creating derivative works of the VOS FM 88.9 Service, Content or any part thereof except to the extent permitted by applicable law;
circumventing any technology used by VOS FM 88.9, its licensors, or any third party to protect the Content or the Service;
selling, renting, sublicensing or leasing of any part of the VOS FM 88.9 Service or the Content;
circumventing any territorial restrictions applied by VOS FM 88.9 or its licensors;
artificially increasing play counts, follow counts or otherwise manipulating the Service by (i) using any bot, script or other automated processes, (ii) providing or accepting any form of compensation (financial or otherwise), or (iii) any other means;
removing or altering any copyright, trademark, or other intellectual property notices contained on the Content or the Service or provided through the Service (including for the purpose of disguising or changing any indications of the ownership or source of any Content);
circumventing or blocking advertisements in the VOS FM 88.9 Service, or creating or distributing tools designed to block advertisements in the VOS FM 88.9 Service;
providing your password to any other person or using any other person’s username and password;
“crawling” the VOS FM 88.9 Service or otherwise using any automated means (including bots, scrapers, and spiders) to view, access or collect information from VOS FM 88.9 or the VOS FM 88.9 Service;
selling a user account or playlist, or otherwise accepting or offering to accept any compensation, financial or otherwise, to influence the name of an account or playlist or the content included on an account or playlist; or
artificially promoting Content by automated means or otherwise.

Please respect VOS FM 88.9, the owners of the Content, and other users of the VOS FM 88.9 Service. Don’t engage in any activity or register and/or use a username with VOS FM 88.9 that:

is offensive, abusive, defamatory, pornographic, threatening, or obscene;
is illegal, or intended to promote or commit an illegal act of any kind, including violations of intellectual property rights, privacy rights, or proprietary rights of VOS FM 88.9 or a third party;
includes your password or purposely includes any other user’s password or purposely includes personal data of third parties or is intended to solicit such personal data;
includes malicious content such as malware, Trojan horses, or viruses, or otherwise interferes with any user’s access to the Service;
is intended to or does harass or bully other users;
impersonates or misrepresents your affiliation with another user, person, or entity, or is otherwise fraudulent, false, deceptive, or misleading;
involves the transmission of unsolicited mass mailings or other forms of spam, junk mail, chain letters, or similar;
involves commercial or sales activities, such as advertising, promotions, contests, sweepstakes, or pyramid schemes, that are not expressly authorized by VOS FM 88.9;
links to, references, or otherwise promotes commercial products or services, except as expressly authorized by VOS FM 88.9;
interferes with or in any way disrupts the VOS FM 88.9 Service, tampers with, breaches, or attempts to probe, scan, or test for vulnerabilities in the Service or VOS FM 88.9’s computer systems, network, usage rules, or any of VOS FM 88.9’s security components, authentication measures or any other protection measures applicable to the Service, the Content or any part thereof; or
conflicts with the Agreements, as determined by VOS FM 88.9.
You acknowledge and agree that posting any User Content that violates these User guidelines (or that VOS FM 88.9 reasonably believes violates these User guidelines) may result in immediate termination or suspension of your VOS FM 88.9 account. You also agree that VOS FM 88.9 may reclaim your username for any reason.

Please be thoughtful about how you use the VOS FM 88.9 Service and what you share.

Your password protects your user account, and you are solely responsible for keeping your password confidential and secure. You understand that you are responsible for all use (including any unauthorized use) of your username and password on the Service. If your username or password is lost or stolen, or if you believe there has been unauthorized access to your account by a third party, you must notify us immediately and change your password as soon as possible.

8 Infringement and reporting User Content

VOS FM 88.9 respects the rights of intellectual property owners. If you believe that any Content infringes your intellectual property rights or other rights, please let us know. If VOS FM 88.9 is notified by a copyright holder that any Content infringes a copyright, VOS FM 88.9 may in its sole discretion remove such Content from the Service, or take other steps that VOS FM 88.9 deems appropriate, without prior notification to the user or other party who supplied or posted that Content. If such user or other party believes that the Content is not infringing, he or she may in certain circumstances submit a counter-notification to VOS FM 88.9 with a request to restore the removed content, VOS FM 88.9ch VOS FM 88.9 may or may not honor, in VOS FM 88.9’s sole discretion.

9 Service limitations and modifications

VOS FM 88.9 will make reasonable efforts to keep the VOS FM 88.9 Service operational. However, certain technical difficulties, maintenance or testing, or updates required to reflect changes in relevant laws and regulatory requirements, may, from time to time, result in temporary interruptions. VOS FM 88.9 reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the VOS FM 88.9 Service, with advance notice where possible, all without liability to you, except where prohibited by law, for any interruption, modification, or discontinuation of the VOS FM 88.9 Service or any function or feature thereof.

11 Export control

VOS FM 88.9’s products may be subject to U.S. export and re-export control laws and regulations or similar laws applicable in other jurisdictions, including the Export Administration Regulations (“EAR”) maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Assets Control (“OFAC”), and the International Traffic in Arms Regulations (“ITAR”) maintained by the Department of State. You warrant that you are (1) not located in any country to VOS FM 88.9ch the United States has embargoed goods or has otherwise applied any economic sanctions; and (2) not a denied party as specified in any applicable export or re-export laws or regulations or similar laws applicable in other jurisdictions.

You agree to comply with all applicable export and re-export control laws and regulations, including the EAR, trade and economic sanctions maintained by OFAC, and the ITAR. Specifically, you agree that you shall not – directly or indirectly – sell, export, re-export, transfer, divert, or otherwise dispose of any products, software, or technology (including products derived from or based on such technology) received from VOS FM 88.9 under the Agreements to any destination, entity, or person prohibited by any applicable laws or regulations of the United States or any other jurisdiction without obtaining prior authorization from the competent government authorities as required by those laws and regulations.

12 Term and termination

The Agreements will continue to apply to you until terminated by either you or VOS FM 88.9. However, you acknowledge and agree that the perpetual license granted by you in relation to User Content, including Feedback, is irrevocable and will therefore continue after the expiry or termination of any of the Agreements for any reason. VOS FM 88.9 may terminate the Agreements or suspend your access to the VOS FM 88.9 Service at any time, including in the event of your actual or suspected unauthorized use of the VOS FM 88.9 Service and/or Content, or non-compliance with the Agreements, or if we withdraw Services and/or Content (in VOS FM 88.9ch case we shall provide you with reasonable notice in advance of doing so). If you or VOS FM 88.9 terminate the Agreements, or if VOS FM 88.9 suspends your access to the VOS FM 88.9 Service, you agree that VOS FM 88.9 shall have no liability or responsibility to you. You may terminate the Agreements at any time.

14 Limitation and time for filing

YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE VOS FM 88.9 SERVICE IS TO UNINSTALL ANY VOS FM 88.9 SOFTWARE AND TO STOP USING THE VOS FM 88.9 SERVICE. YOU AGREE THAT VOS FM 88.9 HAS NO OBLIGATION OR LIABILITY ARISING FROM OR RELATED TO THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE VOS FM 88.9 SERVICE, AND VOS FM 88.9LE YOUR RELATIONSHIP WITH SUCH THIRD PARTY APPLICATIONS MAY BE GOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES, YOUR SOLE AND EXCLUSIVE REMEDY, AS WITH RESPECT TO VOS FM 88.9, FOR ANY PROBLEMS OR DISSATISFACTION WITH THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, IS TO UNINSTALL AND/OR STOP USING ANY SUCH THIRD PARTY APPLICATIONS. IN NO EVENT WILL VOS FM 88.9, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OF OR INABILITY TO USE THE VOS FM 88.9 SERVICE, DEVICES THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER VOS FM 88.9 HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; OR (3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE VOS FM 88.9 SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT MORE THAN THE AMOUNTS PAID BY YOU TO VOS FM 88.9 DURING THE PRIOR TWELVE MONTHS IN QUESTION. Nothing in the Agreements removes or limits VOS FM 88.9’s liability for fraud, fraudulent misrepresentation, death or personal injury caused by its gross negligence. THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

13 Warranty disclaimer

YOU UNDERSTAND AND AGREE THAT THE VOS FM 88.9 SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. VOS FM 88.9 AND ALL OWNERS OF THE CONTENT MAKE NO REPRESENTATIONS AND DISCLAIM ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER VOS FM 88.9 NOR ANY OWNER OF CONTENT WARRANTS THAT THE VOS FM 88.9 SERVICE IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. IN ADDITION, VOS FM 88.9 MAKES NO REPRESENTATION NOR DOES IT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD-PARTY APPLICATIONS (OR THE CONTENT THEREOF), USER CONTENT, DEVICES OR ANY OTHER PRODUCT OR SERVICE ADVERTISED, PROMOTED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE VOS FM 88.9 SERVICE OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING AND VOS FM 88.9 IS NOT RESPONSIBLE OR LIABLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF THE FOREGOING. NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM VOS FM 88.9 SHALL CREATE ANY WARRANTY ON BEHALF OF VOS FM 88.9. THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

THIS SECTION DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.

15 Third party rights

You acknowledge and agree that the owners of the Content and certain distributors (such as app store providers) are intended beneficiaries of the Agreements and have the right to enforce the Agreements directly against you. Other than as set out in this section, the Agreements are not intended to grant rights to anyone except you and VOS FM 88.9, and in no event shall the Agreements create any third party beneficiary rights. Furthermore, the rights to terminate, rescind, or agree to any variation, waiver, or settlement of the Agreements are not subject to the consent of any other person.

16 Entire Agreement

Other than as stated in this section or as explicitly agreed upon in writing between you and VOS FM 88.9, the Agreements constitute all the terms and conditions agreed upon between you and VOS FM 88.9 and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral. Please note, however, that certain aspects of your use of the VOS FM 88.9 Service may be governed by additional agreements. That could include, for example, access to the VOS FM 88.9 Service as a result of a gift card, free or discounted Trials, or together with other services. When you are presented with an offer for such aspects of your use, you will be presented with any related additional agreement, and you may have an opportunity to agree to additional terms. Some of those additional terms are listed on VOS FM 88.9’s website. To the extent that there is any irreconcilable conflict between any additional terms and these Terms, the additional terms shall prevail.

17 Severability, waiver and interpretation

Unless as otherwise stated in the Agreements, should any provision of the Agreements be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreements, and the application of that provision shall be enforced to the extent permitted by law. Any failure by VOS FM 88.9 or any third party beneficiary to enforce the Agreements or any provision thereof shall not waive VOS FM 88.9’s or the applicable third party beneficiary’s right to do so. As used in these Terms, the words “include” and “including,” and variations thereof, will be deemed to be followed by the words “without limitation.”

18 Assignment

VOS FM 88.9 may assign the Agreements, and any of its rights under the Agreements, in whole or in part, and VOS FM 88.9 may delegate any of its obligations under the Agreements. You may not assign the Agreements, in whole or in part, nor transfer or sub-license your rights under the Agreements, to any third party.

19 Indemnification

You agree to indemnify and hold VOS FM 88.9 harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of or related to: (1) your breach of the Agreements or any one of them; (2) any activity in VOS FM 88.9 you engage on or through the VOS FM 88.9 Service; and (3) your violation of any law or the rights of a third party.

20 Choice of law, mandatory arbitration, and venue

20.1 Governing Law / Jurisdiction
The Agreements (and any non-contractual disputes/claims arising out of or in connection with them) are subject to the laws of Virginia, the United States of America, without regard to choice or conflicts of law principles. Further, you and VOS FM 88.9 agree to the jurisdiction of the District of Alexandria to resolve any dispute, claim, or controversy that relates to or arises in connection with the Agreements (and any non-contractual disputes/claims relating to or arising in connection with them) and is not subject to mandatory arbitration under Section 24.2.1.

21 Contact us

If you have any questions concerning the VOS FM 88.9 Service or the Agreements, please contact VOS FM 88.9 Customer Service by emailing us at info@vosfm.net

If you are a California resident, you may have the Agreements mailed to you electronically by emailing us at info@vosfm.net with your email address and a request for the Agreements. In addition, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at 1-800-952-5210 in order to resolve a complaint regarding the service or to receive further information regarding the use of the service.

Thank you for reading our Terms. We hope you enjoy VOS FM 88.9!
Contracting entity:
VOS FM 88.9
info@vosfm.net
www.vosfm.net