Naim Radio – terms of use

TERMS OF USE of NAIM RADIO. THIS IS A LEGAL AGREEMENT BETWEEN Naim Audio Limited (hereinafter referred to as Naim Audio) governing the terms of your use of this service and you. This Agreement represents the binding terms and should be read in conjunction with the other terms on the site

1. THE SERVICE

This streaming service (hereinafter referred to as the “Service”) is available to users to listen to streamed digital content (“Material”) from the site [www.naimaudio.com and www.naimlabel.com] SUBJECT ALWAYS to the terms and conditions as set forth in this Agreement.

2. AGE REQUIREMENTS

You must be at least 18 years of age to agree to and to enter this Agreement. In the event that you are over 16 years of age but under 18 years of age you must ask your parent to read these Terms of Use and confirm that they accept such terms of use by agreeing to be bound by such terms of use in accordance with the requirements herein contained.

3. MATERIAL CONTENT

It is hereby agreed and acknowledged that Naim Audio intends to provide you with a stream of music (whether the same have been previously released to the public or otherwise) and you content that you may find offensive, indecent, or objectionable, which content may or may not be identified as having explicit language. Naim Audio does not accept liability for content that the user finds offensive, indecent, or objectionable.

4. HARDWARE/SOFTWARE REQUIREMENTS

You hereby acknowledge that Naim Audio are not responsible for your hardware or software requirements and any and all access to the Naim Audio site requires access to the appropriate hardware and software which shall remain your sole responsibility. You are required to have a recent browser with JavaScript enabled & latest version of Adobe flash recent browser with JavaScript enabled & latest version of Adobe flash.

5. REGISTRATION/USER DATA

If supplied you will give full, accurate, current, and complete information when registering with the Service (“User Data”). You further agree to maintain and update your User Data as required to keep it accurate, current, and complete. You agree that Naim Audio shall have the right to store and use the User Data provided for use in maintaining your accounts and for other purposed permitted by law

6. SECURITY

You understand that the Service, and the Materials accessed through the Service, including without limitation sound recordings are protected by copyright law and your usage of the Materials is limited to usage set down by Naim Audio in accordance with the terms of this Agreement. You agree to comply with all terms and conditions set out herein and you agree not to violate or attempt to violate any security components whether embodied in the Materials or otherwise. You agree not to attempt to, or assist another person to, circumvent, reverse-engineer, de-compile, disassemble, or otherwise tamper with any of the security components related to such Material for any reason whatsoever. Your access to the Service may be terminated with or without notice to you in the event that Naim Audio have reason to believe that you have violated or attempted to violate the security of the site, the Materials or the Service. You will not access the Service by any means other than through the website that is provided by Naim Audio for accessing the Service (access is available through the internet or through the services of your handheld device). You agree not to modify the website in any manner or form, for any purposes including obtaining unauthorised access to the Service.

7. USE OF MATERIALS

You shall only use the Material only for personal non-commercial use.

You agree that your use of the Service and streaming of Materials constitutes your acceptance of and agreement to use such Materials solely in accordance with the terms set out herein, and that any other use of the Materials may constitute a copyright infringement. These Terms of Use shall govern your rights with respect to the Materials. Naim Audio reserves the right to modify the Terms of Use at any time.

Downloads are available to purchase from the Naim Audio Label Hi Definition Download Store [www.naimlabel.com], terms and conditions apply.

8. PAYMENT

There is no payment due for use of the Service

9. ACCESS TO MATERIALS

You acknowledge that technical problems may delay or prevent streaming of Materials.

10. INTELLECTUAL PROPERTY RIGHTS

The Service, including without limitation musical and lyrical content, and editorial content, contains proprietary information and material that is owned by Naim Audio and/or its licensors, and is protected by applicable intellectual property rights and other laws, including without limitation copyright. You hereby agree that you will not use such proprietary information or Materials in any way whatsoever except for use of the Service in compliance with the terms of this Agreement. The Service (or any part thereof) may not be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service, in any manner, and you shall not exploit the Service (or any Materials supplied in accordance with the terms of this Agreement) in any unauthorised way whatsoever, including but not limited to, by trespass or burdening network capacity.

Notwithstanding any other provision of this Agreement, Naim Audio and its licensors reserve the right to change, suspend, remove, or disable access to any Materials or content comprising a part of the Service at any time without notice to you. Naim Audio may also impose limits on the use of or access to certain features or portions of the Service, in any case and without notice or liability.

All copyrights in and to the Service, including but not limited to, the website (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources), and software, are owned by Naim Audio and/or its licensors. “Naim Audio ” the Naim Audio logo, and other Naim Audio trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or registered trademarks of Naim Audio in the United Kingdom, Europe, and/or other countries throughout the world. Other trademarks, service marks, graphics, and logos used in connection with the Service may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks or any use of such trademarks

THE USE OF THE WEBSITE OR ANY PART OF THE SERVICE IS STRICTLY GOVERNED BY THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT. SAVE FOR USE OF THE SERVICE AS PERMITTED IN THESE TERMS AND CONDITION, ACCESS TO AND USE OF THE SERVICE AND/OR THE WEBSITE IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE DAMAGES, FOR COPYRIGHT INFRINGEMENT.

11. TERMINATION

If you fail, or Naim Audio suspects that you have failed, to comply with any of the provisions of this Agreement , Naim Audio at its sole discretion, without notice to you may terminate this Agreement and deny access of the Service

12. APPLICABLE LAW

This Agreement and your use of the Service shall be governed by all applicable laws of England that apply to your use of the Service. You expressly agree that exclusive jurisdiction for any claim or dispute with Naim Audio or relating in any way to your use of the Service resides in the courts of England.

13. THIRD PARTY SITES

The Service may present links to third party sites not owned or controlled by Naim Audio . Naim Audio is not responsible for these sites or their content. You agree that Naim Audio are not responsible or liable, directly or indirectly, for any damage or losses or claims caused by or in connection with your use of or reliance on any content of any such site or goods or services available through such sites.

14. DISCLAIMERS

(i) You understand and agree that your use of the Service and the Materials is at your own risk. The Service and the Materials are delivered and provided to you “as is” and “as available” for your use without any warranty from Naim Audio or it’s licensors, agents or business partners, employees and/or suppliers whether express or implied

(ii) Naim Audio does not represent of warrant that the Service will be free from loss, corruption, attack, viruses, interference, hacking or other security intrusion and Naim Audio hereby disclaims any liability in respect thereof or relating thereto.

15. MISCELLANEOUS

If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Naim Audio ’s failure to enforce any right or provisions in this Agreement will not constitute a waiver of such provision, or any other provision of this Agreement. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the other provisions will remain in full force and effect. Naim Audio will not be responsible for failures to fulfil any obligations due to causes beyond its control.

For more information or if you have any questions, please contact marketing@naimaudio.com.