Terms Of Service

Terms and Conditions

Welcome to AudioSpace, part of Cyclone Digital Ltd.

If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms of use, which together with our privacy policy governs our relationship with you in relation to this service. If you disagree with any part of these terms and conditions, please do not proceed past this point to use this service.

The term ‘AudioSpace’ or ‘us’ or ‘we’ refers to the owner of the website, which is Cyclone Digital Ltd, whose registered office is Suite S3, Seven Hills Business Centre, Morley, Leeds LS27 8AT. Our company registration number is 10245105 in England and Wales. 

The terms ‘Client’, ‘You’ and ‘Your’ refers to you, the person accessing this website and accepting the Company's terms and conditions.  "Party", "Parties", or "Us", refers to both the Client and ourselves, or either the Client or ourselves.

Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Privacy Statement

We are committed to protecting your privacy. Further details are available via our Privacy Policy on this website. Authorised employees within the company access data on a need to know basis only collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers.

Parliament has created specific offences for unauthorised actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible.

Confidentiality

We are registered under the Data Protection Act 1998 and as such, Client records are regarded as confidential and therefore will not be divulged to any third party, unless legally required to do so. 

Clients have the right to request sight of, and copies of any and all Client Records we keep, on the proviso that we are given reasonable notice of such a request. Clients are requested to retain copies of any literature (predominantly in email form) issued in relation to the provision of our services. Where appropriate, we shall issue Clients with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.

We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Emails sent by this Company will primarily be in connection with the provision of our agreed services and products, unless you make a positive choice to allow marketing emails from us or selected partners.

Exclusions and Limitations

The information on this web site is provided on an "as is" basis. To the fullest extent permitted by the law this excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company's literature; and excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits, or those of your client(s), (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.

This Company does not however exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.

Payment

All services provided by us are to be paid for in advance on a rolling monthly or annual basis. We use Stripe as our secure and independent payment provider.

Cancellation Policy

There is no minimum term and you are free to cancel your account at any time subject to the termination of agreement and refund policy below.

Termination of Agreements and Refunds Policy

Both the Client and ourselves have the right to terminate any Services Agreement for any reason, including the ending of services that are already underway. No refunds shall be offered, where a Service is deemed to have begun and is, for all intents and purposes, underway. Any monies that have been paid to us which constitute payment in respect of the provision of unused Services will not be refunded on a pro-rata basis.

Availability

The services featured on this website are available in most countries around the world. You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this site.

Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of the Company. The Company does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service you thereby indemnify this Company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.

Log Files

We use IP addresses to analyse trends, administer the site, track user's movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.

Responsibility for alterations

AudioSpace enables the editing of content by any user who is given access to your account. This access is managed by you and you are responsible for reviewing who has access to your account. The Client will not hold us responsible for any changes a user makes to any content added to the system.

Links to this website

By creating links to any page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.

Links from this website

We do not monitor or review the content of other party's websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. We are not responsible for the privacy practices, or content, of these sites and encourage our users to be aware when they leave our site & to read the privacy statements of these sites.

App terms

All Apps are released under the AudioSpace accounts on Apple iTunes and Google Play and the codebase and binary behind the apps will remain our property at all times. We are happy to replace existing apps with our own binaries providing we release under our developer account. Clients are not able to access this acocunt.

On account termination or failure to pay or make payments for your account, your app will be removed from sale in app stores from all territories and the app disabled for existing users. We are also entitled to permanently delete the Application and you will not be able to replace older versions of the application after that point.

AudioSpace will transfer app ownership on written request within 30 days. Our app binary must be replaced within 30 days of successful transfer to avoid the app being disabled. App ownership transfer requests will only be accepted if all due payments have been made and your account is still active.

NOTE: You agree we are not responsible for any content inside the app and links to external websites. You agree there is no guaranteed up time for the applications or the servers that drive the content but we will endeavour to get 99.9%.  There may be time where we need to perform essential maintenance to your application. We are not responsible for collecting statistics about your application and will provide what we can on request.

Website terms

Websites built with the AudioSpace platform are hosted on our servers. Websites cannot be hosted via your own server arrangements and we will not provide backups to an external location of the site structure or its content.

The framework and overall design of the sites remains our copy right and intellectual property at all times but the content you enter into our system is yours and we will provide a database of this content on request and for an administration fee of £100+VAT. 

To put your website live, you may point your domain to our hosting using details we provide for you. In exceptional circumstances and entirely at our discretion we will permit transferring domains into our registrar account to manage the DNS and name servers on your behalf.

On account termination or failure to pay make payments for your account, your website will be suspended and permanently deleted from our servers after 30 days. Content will not be recoverable after this point.  The website ‘as is’ with framework cannot be transferred under any circumstances.

Streaming terms

Our streaming services are provided to the specification you choose on the Dashboard stream details page. We permit streaming up to 128kbps and will automatically stop your server if this limit is exceeded. Account administrators will be notified by email if the stream is disconnected and instructed to reconnect to resume streaming. We are not liable for any losses, costs, or expenses suffered in this time.

AudioSpace requires stream content to be your own and prohibits the rebroadcast of other services. You agree to indemnify, defend, and hold Us harmless from and against any and all claims, liability, losses, costs, and expenses (including attorneys fees) incurred in connection with any use or alleged use of AudioSpace streaming services, including but not limited to all content on the stream, music royalties and other infringements.

On account termination or failure to pay make payments for your account, your streaming will be disconnected and you will not be able to retrieve the same URL.

Our free streaming offer with RadioToday is open to UK hospital radio stations who are valid and full members of the Hospital Broadcasting Association. UK community radio stations regulated by OFCOM are also eligible for this offer. All other community radio stations and hospital radio stations are not entitled to this service. 

The free streaming offer is valid for as long as you have an account with AudioSpace but we reserve the right to cancel this offer at any time, should we wish to, with 30 days notice given to stations.

Copyright Notice

Copyright and other relevant intellectual property rights exists on all text relating to the Company's services and the full content of this website.

Support

Our support email address is support@audiospace.co and is the primary point of contact for all support issues. We will answer support enquiries within 24 hours. Alternatively, you can call our office number, found on our contact page, during office hours of 10am - 6pm, Monday to Friday.

Force Majeure

Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.

Waiver

Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.

General

The laws of England and Wales govern these terms and conditions. By accessing this website and using AudioSpace you consent to these terms and conditions and to the exclusive jurisdiction of the English courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision.

These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the Company.

Notification of Changes

The Company reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes via email. If there are any changes in how we use our site customers' Personally Identifiable Information, notification by e-mail or postal mail will be made to those affected by this change. Any changes to our privacy policy will be posted on our web site 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis.

Indemnity

You agree to indemnify, defend, and hold Us harmless from and against any and all claims, liability, losses, costs, and expenses (including attorneys fees) incurred in connection with any use or alleged use of AudioSpace and any of our products.

DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY

WE DO NOT WARRANT THAT AUDIOSPACE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE. AUDIOSPACE IS PROVIDED ON AN "AS-IS, AS-AVAILABLE" BASIS. WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

YOU ARE SOLEY RESPONSIBLE FOR YOUR USE OF THE SERVICE. UNDER NO CIRCUMSTANCES WILL WE BE HELD LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF THE COMPANY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

These terms and conditions form part of the Agreement between the Client and ourselves. Your accessing of this website and/or creation of an account or entering into an Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.

Do not proceed past this page if you do not agree to the above terms and conditions.

Privacy Policy