Terms of Service

Listen2MyApp, offered through the Universal Resource Locator (URL), www.listen2myapp.com ("Website"), is owned, managed, and operated by MediaHosting LTD, an Israeli company, whose main address is P.O.B 3220, Akko 24132, Israel ("Company" or "We" or "Us" or "Our").

By using any of the features and/or services offered by this Website, the users (“You” or “Your” or similar derivatives) acknowledge that they have read and understood this Terms and Conditions Agreement (“Agreement”). Further, you understand that this is a legal Agreement outlining the rights and liabilities of the parties hereto regarding the subject matter dealt with herein. If you use a service offered on or through this Website, such use shall be subject to any rules or guidelines applicable to those service(s), and they shall be incorporated by reference into this Agreement.

If you do not agree to any of the provisions contained hereunder, you are requested not to use this Website any further.


Amendments


We reserve the right to amend this Agreement any time without prior notice to anyone. All such amendments shall come into effect immediately upon posting on this page. We advise anyone using this Website, or any feature thereof, to periodically visit this page in order to remain current on the latest updates to this Agreement.


Privacy


This Agreement shall be read in conjunction with our Privacy Policy, which outlines our information collection, usage, protection and disclosure practices. The Privacy Policy is part of this Agreement and its terms are incorporated by this reference.


Licence


This Website contains content belonging to the Company, which is protected by relevant national and international copyright, trademark, patent, trade secret and other intellectual property laws. The Company owns, retains, and reserves all rights in such content. The logo service marks, trademarks, and/or trade dress of the Company and its affiliates are owned exclusively by the Company. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.

The Company hereby grants you a limited, revocable, non-transferable, and non-sub-licensable license to reproduce and display such content (excluding any software code) solely for your private personal use in connection with viewing the Website and using the features offered on this Website. You may not distribute, display or copy any of the Company proprietary content on this Website to third parties including, without limitation, caching and/or mirroring any content on this Website for access by third parties.

While linking to this Website is permitted, you are expressly prohibited from providing deep-links to this Website without express written permission from the Company.


External Links


This Website may contain links to third party websites, including the advertisements from the registered advertisers. We do not monitor, control or review the content and the legalities of using such third party websites. Therefore, all your communications or interactions with any third party websites, including those having links hosted on this Website, like promoters, advertisers, affiliates, partners, agents, etc., are governed by the privacy policy, terms of use, and other legal documents of such third party websites.

All product names mentioned therein are the trademarks of their respective owners.


Client’s Responsibilities


The client shall be responsible for:
1. providing us with the accurate details of the working radio station, including without limitation, its IP Address, port, radio name, radio description, radio tags;
2. uploading the icon image and banner image in the dimensions and sizes mentioned in the Control Panel;
3. timely furnishing us with any information we request;
4. making timely payments to the Company as and when they become due.

The client understands and acknowledges that the application shall be submitted to listen2myapp developer account in each store, and the cost of the developer account is already added in the application development price. Further, in our sole discretion, we may ask for additional payment for transferring the client application to other Developer Account that does not belong to listen2myapp.

In case the client ordered application design from the Company along with the application or individually, the client shall pay for the design irrespective of whether the client uses it or not.


Application Updates


The Company reserves the right, in its sole discretion, to take a decision as to when and what update and/or fixes is/are required on the application.


Company’s Rights in case of Default in Payment


1. We can show advertisements in the Client’s application in case the client fails to timely clear their dues for the services availed from the Company.
2. We can delete the Client’s application from the stores in case the Client fails to meet their payment application for the services availed from the Company. Further, we may charge full price amount to return the Client application to the stores.


Google Analytics Code


The Client’s application shall comprise of a Google Analytics Code, which enables the application to collect certain statistics for the Company’s internal research purposes. The Client expressly agrees to the insertion of Google Analytics Code, and subsequent usage of the statistics for Company’s internal research purposes.


Approval Time


Approval time for the applications developed by the Company vary. For instance, it takes up to one (1) week for approval of an Android application. Similarly, it takes up to three (3) weeks for approval of an Apple application. The approval time can vary upwards and downwards. Therefore, we shall not be responsible for the time taken by the companies running the Operating System to approve the applications developed by the Company. The approval time shall commence from the time the client provides us with all the correct information.

In order to secure approval, we may, in our sole discretion, effect changes in the application. Such changes include, without any limitation, the changes in the radio server address, radio name, radio tags, radio description and application design.

We shall not refund the application development fees in case the application is not approved by the companies running the Operating System, and such rejection arising out of the issues dependant on the Client and not the Company.

During the approval period, we reserve the right to show the advertisements on the application.


Limitation of Liability


IN NO EVENT SHALL THE COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE WEBSITE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE COMPANY FOR ACCESSING THE SERVICES PROVIDED THROUGH THE WEBSITE.


Indemnity


You agree to indemnify and hold the Company and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of this Website, your violation of this Agreement, your violation of any rights of another, or any other loss suffered by the Company on account of your direct or indirect conduct.


Disclaimers


• In developing the applications, we strive to make them crash-proof and updated at all times in order to prevent crashes and address bug issues. However, we reserve the right to decide the time of such updates. Despite our best efforts to maintain the Client application, we shall not be liable in case of any malfunction of the application at any time.
• We shall not be responsible for the designer’s work on the application, irrespective of whether the designer was hired by the Client or the Company.
• We shall not be responsible for any work performed on the application by the designer(s) previously hired by the Client.
• We shall not be responsible for the output arising out of any shortcoming in the client-provided input.
• We shall not be responsible for any losses accruing to anyone by using the application.
• We shall not be responsible for the advertisements that might show in the application.
• We shall not be responsible for any translation errors in case the application is translated in other language(s).
• We shall not be responsible for any inaccuracy in the content appearing on the Website.
• The Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, user and/or member communications.
• The Company reserves the right to modify or discontinue, temporarily or permanently, this Website (or any part thereof) with or without notice, at any time and from time to time. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuation in the broadcast of this Website.
• The Company reserves the right to publish the radio applications icons and application description in its customers page (available at https://listen2myapp.com/customers.html) or in other place, as decided by the Company in its sole discretion.
• Inclusion of any linked website on this Website does not imply approval or endorsement of the linked website by the Company. Your access to such third-party websites is at your own risk.
• The client understands that the statistics available on listen2myapp dashboard are not 100% accurate, and there may be some deviations from the actual figures shown.
• We shall not be responsible for the conduct, whether online or offline, of any user of this Website.
• Under no circumstances shall we be liable for any loss or damage, including personal injury or death, resulting from the use of this Website, your attendance at a Company event, or from any content posted on this Website.
• This Website is provided “as is and as available”. Therefore, the Company disclaims any warranty of fitness for a particular purpose or non-infringement.
• We cannot and do not guarantee any specific results from the use of this Website.
• No advice or information, whether oral or written, obtained from the Company or the Website shall create any warranty not expressly stated in this Agreement.


Severance


This Agreement operates to the fullest extent permissible by law. If any provision contained herein is declared unlawful, void or unenforceable, by a competent court of law, such provision shall be deemed severable from this Agreement and does not affect the validity and enforceability of the remaining provisions.


Jurisdiction


All the disputes arising out of, or related to, the provisions contained herein and/or your relationship with the Company or this Website and/or your use of this Website shall be subject to the laws applicable, and courts situated, in Israel, without regard to the conflict of law provisions.

The Section Titles in this Agreement are for convenience only and have no legal or contractual effect.


Entire Agreement


This Agreement constitutes the entire agreement between you and the Company pertaining to the subject matter contained herein.


No Waiver


The failure of either party hereto to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.


Contact Us


If you still have any concerns using this Website, please feel free to contact us at:

MediaHosting LTD,
P.O.B 3220,
Akko 24132,
Israel
Fax: +972-3-9155798
Email: admin@listen2myapp.com