This site or application is owned or managed by FYA Radio Streaming Services ("FYA Radio") and is part of the FYA Radio family of companies, which includes other quality entertainment brands such as broadcast and Internet radio stations, FYA Radio, and the Premiere Networks, each of which operates or manages one or more websites or applications (each a "FYA Radio Site," and collectively the "FYA Radio Sites").
FYA Radio provides this FYA Radio Site and related services for your personal non-commercial use only and subject to your compliance with this Terms of Use Agreement (the "Agreement"). Please read this Agreement carefully before using this FYA Radio Sites. Your use of this FYA Radio Sites constitutes your acceptance to be bound by this Agreement without limitation, qualification or change. If at any time you do not accept all the terms and conditions of this Agreement, you must immediately discontinue use of this FYA Radio Site. This Agreement sets forth FYA Radios policies with respect to its operation of the FYA Radio Sites. Other policies govern FYA Radios non-Internet operations.
Certain products or services offered by this and/or other FYA Radio Sites (each a "FYA Radio Internet Service," and collectively "FYA Radio Internet Services"), and certain areas within this and/or other FYA Radio Sites may be governed by additional terms ("Additional Terms") presented in conjunction with those products or services. You must agree to those Additional Terms before using those areas or FYA Radio Internet Services. The Additional Terms and this Agreement, taken together, shall apply to your use of those areas or FYA Radio Internet Services. In the event of an irreconcilable inconsistency between the Additional Terms and this Agreement, the Additional Terms shall control.
YOU MAY NOT USE ANY FYA RADIO SITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THIS AGREEMENT AND/OR ANY APPLICABLE ADDITIONAL TERMS. YOUR ACCESS TO ANY FYA RADIO SITE MAY BE TERMINATED IMMEDIATELY IN FYA RADIOS SOLE DISCRETION, WITH OR WITHOUT NOTICE, IF YOU FAIL TO COMPLY WITH ANY PROVISIONS OF THIS AGREEMENT AND/OR ANY APPLICABLE ADDITIONAL TERMS, OR FOR ANY OTHER REASON, OR NO REASON.
By using this FYA Radio Site, you are representing and warranting that: (a) you are a legal resident of the Philippines; (b) you are at or above the legal age of majority in your jurisdiction of residence; (c) you own or have sufficient authorization to use the computer, mobile device, technology or other device you use to access this FYA Radio Site (collectively, "Device"); and (d) you will access and use this FYA Radio Site in accordance with this Agreement. Some parts of this FYA Radio Site may contain adult content intended for people who are at or above the legal age of majority in their jurisdiction of residence. By viewing this adult content, you are representing that you are at or above such legal age of majority and that the content is acceptable to you. Filtering software is commercially available which can be used to exclude content that is not acceptable to you. This software may prevent the display of all or portions of the FYA Radio Site content.
I. Privacy and Protection of Personal Information
FYA Radio has developed a Privacy Statement in order to inform you of its practices with respect to the collection, use, disclosure and protection of personal information. You can find the Privacy Statement, which is incorporated into this Agreement, here: http://www.fyaradio.com/privacy, and by using this FYA Radio Site you agree to the terms of the Privacy Statement.
II. User Code of Conduct
In accessing and using this FYA Radio Site and/or the FYA Radio Internet Services, you agree that you will not: Deliver any unsolicited advertisement, promotional materials, junk email, bulk email (also known as "spam"), chain letters, surveys or contests, or solicit participation in any pyramid schemes (unless it is on a page that explicitly states that such postings are allowed on that page).Deliver any unlawful (according to local, state, federal, or international law or regulation) postings to or through this FYA Radio Site, or any postings which advocate illegal activity. Deliver, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable. Deliver, or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability. Deliver, or provide links to, any postings containing defamatory, false or libelous material. Deliver any posting that infringes or violates any intellectual property or other right of any entity or person, including, without limitation, copyrights, patents, trademarks, laws governing trade secrets, rights to privacy, or publicity. Deliver any posting to that you do not have a right to make available under law or contractual or fiduciary relationships. Impersonate another person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity, or adopt a false identity if the purpose of doing so is to mislead, deceive, or defraud another. Manipulate identifiers, including by forging headers, in order to disguise the origin of any posting that you deliver. Deliver any posting containing personal information, such as phone numbers, social security numbers, account numbers, addresses or employer references. Use this FYA Radio service in any manner which could damage, disable, overburden, or impair or otherwise interfere with the use of this FYA Radio Site or other users Devices, or cause damage, disruption or limit the functioning of any software, hardware, or telecommunications equipment. Attempt to gain unauthorized access to this FYA Radio Site, any related website, other accounts, computer system, or networks connected to this FYA Radio Site, through hacking, password mining, or any other means. Obtain or attempt to obtain any materials or information through any means not intentionally made available through this FYA Radio Site, including harvesting or otherwise collecting information about others such as email addresses.
III. Fees
Except where otherwise provided, access to and use of this FYA Radio Site and the FYA Radio Internet Services offered through it are currently available without charge. FYA Radio reserves the right to charge a fee for access to or use of this FYA Radio Site, or any FYA Radio Internet Service available on this FYA Radio Site at any time in the future. Your access to or use of this FYA Radio Site before such time does not entitle you to use of this FYA Radio Site without charge in the future.
IV. Disclaimer of Warranties
Your use of, and reliance on, any advice or information obtained from or through this FYA Radio site and/or FYA Radio interactive service is at your own risk. All content, including software, products, services, information, text and related graphics contained within or available through this FYA Radio site or FYA Radio interactive service are provided to you on an "as is," "as available" basis. FYA Radio makes no representations or warranties of any kind, either express or implied, as to the operation of this FYA Radio site or the information, content or materials included on this FYA Radio site. To the fullest extent permissible pursuant to applicable law, FYA Radio disclaims all representations and warranties of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability or satisfactory quality, fitness for a particular purpose, workmanlike effort, informational content, title, or non-infringement of the rights of third parties. FYA Radio does not warrant or make any representations that this FYA Radio site will operate error-free or uninterrupted, that defects will be corrected, or that this FYA Radio site and/or its server will be free of viruses and/or other harmful components. FYA Radio does not warrant or make any representations regarding suitability, availability, accuracy, reliability, completeness, or timeliness of any material of any kind contained within this FYA Radio site for any purpose, including software, products, services, information, text and related graphics content.
FYA Radio is not responsible for any failures caused by server errors, misdirected or redirected transmissions, failed internet connections, interruptions in the transmission or receipt of ticket orders or FYA Radio interactive services, or any computer virus or other technical defect, whether human or technical in nature.
V. Exceptions
Some jurisdictions do not allow the disclaimer, exclusion or limitation of certain warranties, liabilities and damages, so some of the above disclaimers, exclusions and limitations may not apply to you. In such jurisdictions, FYA Radios liability will be limited to the fullest extent permitted by applicable law.
VI. Limitations on Liability
In no event shall FYA Radio, its subsidiaries, affiliates, distributors, suppliers, licensors, agents or others involved in creating, sponsoring, promoting, or otherwise making available this FYA Radio Site and its contents, be liable to any person or entity whatsoever for any direct, indirect, incidental, special, compensatory, consequential, or punitive damages or any damages whatsoever, including but not limited to: (i) loss of goodwill, profits, business interruption, data or other intangible losses; (ii) your inability to use, unauthorized use of, performance or non-performance of this FYA Radio Site; (iii) unauthorized access to or tampering with your personal information or transmissions; (iv) the provision or failure to provide any service; (v) errors or inaccuracies contained on this FYA Radio Site or any information, software, products, services, and related graphics obtained through this FYA Radio Site; (vi) any transactions entered into through this FYA Radio Site; (vii) any property damage including damage to your Device or computer system caused by viruses or other harmful components, during or on account of access to or use of this FYA Radio Site or any site to which it provides hyperlinks; or (viii) damages otherwise arising out of the use of this FYA Radio Site and FYA Radio Internet Services. The limitations of liability shall apply regardless of the form of action, whether based on contract, tort, negligence, strict liability or otherwise, even if FYA Radio has been advised of the possibility of damages.
VII. Indemnification
You agree to indemnify and hold harmless FYA Radio, its subsidiaries, agents, distributors and affiliates, and their officers, directors and employees from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorneys fees, resulting from your breach of any provision of this Agreement, the Additional Terms, or any warranty you provide herein, or otherwise arising in any way out of your use of this FYA Radio Site and any related FYA Radio Internet Service and/or software. You agree to cooperate fully with FYA Radio in asserting any available defenses in connection with a claim subject to indemnification by you under this Agreement.
VIII. Modification/Termination by FYA Radio
FYA Radio reserves the right, in its sole discretion, to modify, suspend, or terminate this FYA Radio Site and/or any portion thereof, including any FYA Radio Internet Service, and/or your account, password, or use of any FYA Radio Internet Service, or any portion thereof, at any time for any reason with or without notice to you.
Termination of your account for a FYA Radio Internet Service removes your authorization to use the FYA Radio Internet Service. In the event of termination, you will still be bound by your obligations under this Agreement and any Additional Terms, including the warranties made by you, and by the disclaimers and limitations of liability. Additionally, FYA Radio shall not be liable to you or any third party for any termination of your access to a FYA Radio Internet Service.
IX. Links
This FYA Radio Site may contain links to websites, applications or other services operated by third parties (the "Linked Sites"). FYA Radio does not monitor or control the Linked Sites and makes no representations regarding, and is not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of, any of the content uploaded, displayed, or distributed, or products, or services available at the Linked Sites. If you choose to access any third-party site (including any Linked Site), you do so at your own risk, and your use of that site is subject to its own terms of use and privacy policy, which you should review. The presence of a link to a third-party site does not constitute or imply FYA Radios endorsement, sponsorship, or recommendation of the third party or of the content, products, or services contained on, or available through, the site.
X. International Use/Export Controls
Accessing materials on this FYA Radio Site by certain persons in certain countries may not be lawful, and FYA Radio makes no representation that materials on this FYA Radio Site are appropriate or available for use in locations outside the Philippines. If you choose to access this FYA Radio Site from outside the Philippines, you do so at your own risk and initiative, and are responsible for compliance with any applicable local laws.
XI. Third-Party Merchants
This FYA Radio Site may enable you to order and receive products, information and services from businesses that are not owned or operated by FYA Radio. The purchase, payment, warranty, guarantee, delivery, maintenance, and all other matters concerning the merchandise, services or information, opinion or advice ordered or received from such businesses are solely between you and such businesses. FYA Radio does not endorse, warrant, or guarantee such products, information, or services, and is not liable for the accuracy, completeness, or usefulness of such information or the quality of availability of such products or services. FYA Radio will not be a party to or in any way responsible for monitoring any transaction between you and third-party providers of such products, services, or information, or for ensuring the confidentiality of your credit card information. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility and are not part of the fee, if any, charged for the FYA Radio Internet Service.
XII. Advertisements, Sponsorships, Co-Promotions and Other Partnerships
FYA Radio may display advertisements for the goods and services of a third party on the FYA Radio Sites, including in connection with co-promotions, sponsorships and other similar partnership arrangements. FYA Radio does not endorse or represent and is not responsible for the safety, quality, accuracy, reliability, integrity or legality of any such goods or services advertised, promoted or displayed on this FYA Radio Site.
XIII. Events
You may be invited or asked to attend FYA Radio-sponsored events or events held by other members and users of this FYA Radio Site which are not in any way associated with FYA Radio at various locations throughout the Philippines (collectively, "Events"). Your participation in any Events is at your own risk and you agree to release and hold FYA Radio, its subsidiaries, agents, distributors and affiliates, and their officers, directors and employees harmless from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, any injury or death to you or your minor children or wards, resulting from attending the Events or participation in any activities available at the Events. You also agree that we may film and record any of the Events sponsored by FYA Radio in which you or your minor children or wards participate and you hereby agree that such films and recordings shall be owned by FYA Radio and we may use your or your minor children or wards name, likeness, voice, performance and other activities in which you or your minor children or wards engage for any advertising, promotional or other lawful purpose in any and all media now or hereafter known throughout the world in perpetuity without notice, approval or compensation to you or any third party.
XIV. Interactive Services and User Materials
This FYA Radio Site may offer certain FYA Radio Internet Services having interactive components such as bulletin boards, chat rooms, blogs, and forums (collectively, "FYA Radio Interactive Services"). Additional Terms may cover FYA Radio Internet Services, which appear on the pages where these services are available, in addition to the general terms provided below. The selection of available FYA Radio Internet Services may change from time to time in FYA Radios sole discretion. You may participate in the FYA Radio Interactive Service by completing the registration form where one is provided.
User Materials
FYA Radio does not control and is not responsible for any notes, messages, billboard postings, ideas, suggestions, concepts or other material, or files delivered to FYA Radio by you or other users (collectively, "User Materials"). FYA Radio is not obligated to and does not regularly review, prescreen, monitor, delete, or edit User Materials. However, FYA Radio reserves the right to do so at any time in its sole discretion, for any reason or no reason, and to refuse, delete, move or edit any User Materials, in whole or in part, with or without notice. FYA Radio is not responsible or liable for damages of any kind arising from any User Materials even when FYA Radio is advised of the possibility of such damages, or from FYA Radios alteration or deletion of any User Materials. You are solely responsible and liable for all User Materials delivered to FYA Radio, whether via your account, this FYA Radio Site, email, or any other method. Any violation of these provisions can subject your FYA Radio account to immediate termination and, possibly, further legal action. You represent and warrant that you own or otherwise control any and all rights in and to the User Materials and that public posting and use of the User Materials by FYA Radio will not infringe or violate the rights of any third party in any manner.
By emailing, submitting, transmitting, posting, uploading, modifying or otherwise providing any User Material to FYA Radio, whether solicited or unsolicited, you are granting FYA Radio and its designees a royalty-free, fully paid, non-exclusive, irrevocable, perpetual, unrestricted, worldwide license to reproduce, publish, transmit, perform, display, sublicense, create derivative works from and otherwise use such User Material for any purpose, including, without limitation, advertising and promotional purposes, alone or as a part of other works in any form, media or technology now or hereafter known. No credit, approval or compensation is due to you for any such use of User Materials you may submit. FYA Radio also has the right, but not the obligation, to use your username (and real name, image, likeness or other identifying information, if provided in connection with User Materials), city and state in connection with broadcast, print, online or other use or publication of your User Materials. Please note that any User Material you submit is and will be treated as non-confidential and non-proprietary as to you, unless specifically stated otherwise in our Privacy Statement.
The information and opinions expressed in User Materials appearing on this FYA Radio Site are not necessarily those of FYA Radio or its content providers, advertisers, sponsors, affiliated or related entities, and FYA Radio makes no representations or warranties regarding that information or those opinions, and expressly disclaims any responsibility for User Materials. FYA Radio does not represent or guarantee the truthfulness, accuracy, or reliability of any User Materials or determine whether the User Materials violate the rights of others, and FYA Radio has no control over whether such User Materials are of a nature that you or other users might find offensive, distasteful or otherwise unacceptable. You acknowledge that any reliance on any User Materials submitted by other users will be at your own risk, including any reliance on the accuracy, completeness or usefulness of such User Materials. You acknowledge that this FYA Radio Site is "public," and in addition to the license granted to FYA Radio, other users will have access to your User Materials and might copy, modify or distribute them. If you are aware of any User Material on this FYA Radio Site which violates these Terms, please contact us at support@fyaradio.com. Please provide as much detail as possible, including a copy of the underlying material, the location where FYA Radio may find it, and the reason such User Material should be removed. Please note that filing a complaint will not guarantee its removal, FYA Radio will only remove User Materials if FYA Radio believes the measure is necessary, in our sole discretion. To the extent any notice is based on an alleged copyright violation, please follow in the instructions set forth in the section entitled "Copyright Infringement." Other than those we specifically request, we do not accept or consider unsolicited creative materials, ideas or suggestions either via this FYA Radio Site, email or other means. This is to avoid any misunderstandings if your ideas are similar to those we have developed or obtained independently. However, if you do still transmit to us, via this FYA Radio Site, email or otherwise, any unsolicited communication or material, you will be deemed to have granted to us the same rights as are set out in this section with respect to User Materials. Without limitation thereof, you agree that FYA Radio, our affiliates and our licensees are free to use any ideas, concepts, know-how or techniques contained in any communication you send to us for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products, services and content using such information, without any credit, notice, approval or compensation to you.
XV. Copyright & Trademark Notice
Use of Intellectual Property
The FYA Radio Site, and all of its contents, including but not limited to articles, other text, photographs, images, illustrations, graphics, video material, audio material, including musical compositions and sound recordings, software, FYA Radio logos, titles, characters, names, graphics and button icons (collectively "Intellectual Property"), are protected by copyright, trademark and other laws of the Philippines, as well as international conventions and the laws of other countries. The Intellectual Property is owned or controlled by FYA Radio or by other parties that have provided rights thereto to FYA Radio. You may not, and agree that you will not, reproduce, download, license, publish, enter into a database, display, modify, create derivative works from, transmit, post, distribute or perform publicly by any means, method, or process now known or later developed, decompile, reverse engineer, disassemble, use on another computer-related environment, transfer or sell any Intellectual Property, information, software or products obtained from or through this FYA Radio Site, in whole or in part, without the express written permission of FYA Radio. Other trademarks, service marks, product names and company names or logos appearing on this FYA Radio Site that are not owned by FYA Radio may not be used without express permission from their owners. Additionally, unless otherwise expressly permitted, websites may not link, whether by hyperlink or otherwise, to any page beyond the homepage of this FYA Radio Site, or frame this FYA Radio Site, or any web page or material herein, nor may any entity include a link to any aspect of this FYA Radio Site in an email for commercial purposes, without the express written permission of FYA Radio. Further, unless otherwise expressly permitted, you agree not to link to FYA Radios Intellectual Property so as to cause you or anyone else to access FYA Radios Intellectual Property other than through this FYA Radio Site.
Copyright Infringement
FYA Radio respects the intellectual property rights of third parties, and complies with the terms of the Copyright Law Republic Act No. 8293 regarding such rights. By submitting any material or photographs through this FYA Radio Site, you are granting permission to have this material posted on this FYA Radio Site, and are representing that you are the rightful owner of the submitted material, and that no one else may claim rights to this material. FYA Radio reserves the right to remove access to infringing material. Such actions do not affect or modify any other rights FYA Radio may have under law or contract. You can find our procedures for providing notice of alleged copyright infringement below.