By using Phoenix Airwaves Monthly Campaign and the https://plasso.com/s/Vt9XstS29k/ web site ("Service"), a service made possible by Plasso, Inc. - plasso.com - ("Plasso"), you are agreeing to be bound to the following terms and conditions ("Terms of Service").
Both the Service and Plasso reserve the right to update and change the Terms of Service at their discretion without notice. Any new features in excess to the current Service shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: https://plasso.com/s/Vt9XstS29k/terms/
Violation of any of the terms below may result in immediate termination of your Service account.
Phoenix Airwaves Monthly Campaign - Terms
Phoenix Airwaves Advertising -
The Advertiser as named in this Contract (the "Advertiser") agrees to buy radio advertising from PHOENIX AIRWAVES ("Phoenix Airwaves") that this Contract is subject to the following terms and conditions:
(1) The Advertiser agrees to pay for the broadcast services provided by Phoenix Airwaves at the rates and on the terms set out in this Contract. All amounts due at any time under this Contract are payable in advance (by the full or monthly payment options available at www.phoenixairwaves.com.au). All advertising packages are run on a 12 month term.
(2) Phoenix Airwaves reserves the right to refuse to broadcast any content and/or materials which may be deemed at its discretion to be unsuitable for broadcasting or which may contravene any applicable laws, regulations, rules, orders or policies.
(3) The Advertiser will indemnify and hold harmless Phoenix Airwaves, its agents, servants, directors, officers and employees against all actions, proceedings, claims, demands, liabilities, damages, costs and/or expenses including any legal fees incurred by Phoenix Airwaves to prosecute or defend against any actions, proceedings, and/or claims commenced against it or threatened to be commenced against it or for any legal advice obtained for the purpose of dealing with the threatened claim, action, proceeding or demand caused or resulting from, or arising out of, the recording or broadcasting of any advertisement made pursuant to this Contract including, without limiting the generality of the above, any liability, damage, cost or expense arising from any claim or threatened claim for defamation, copyright or trademark infringement or invasion of any rights of privacy.
(4) At least 7 days prior to the commencement of broadcasting of the advertisement in accordance with this Contract, the Advertiser shall supply to Phoenix Airwaves all materials required by Phoenix Airwaves for the broadcast of the advertisement.
(5) Phoenix Airwaves shall not be liable to the Advertiser for damages if for reasons beyond its control (including, without limitation, any labour dispute, mechanical conditions, public emergency or necessity, a direction or order of a federal, provincial or municipal authority body or agency or an act of God, e.g. flood, earthquake) it fails to broadcast the Advertiser's advertisement in accordance with this Contract. However, Phoenix Airwaves shall make best efforts to provide an alternate substitute radio broadcast service by means of digital in the region to the Advertiser under similar or varied format at rates and conditions set out this Contract.
(6) This Contract is in all respects subject to all applicable federal, provincial and municipal laws, regulations, orders, directions and policies pertaining to radio broadcasting now and hereafter in force.
(7) Phoenix Airwaves reserves the right without notice to the Advertiser to change its programming schedule in order to broadcast another program in place of the program originally scheduled for the time period in which the Advertiser's advertisement is to be broadcast. In the event of such change, Phoenix Airwaves agrees to use reasonable efforts to ensure that the substitute program is of a similar quality to the originally scheduled program.
(8) Phoenix Airwaves reserves the right without notice to the Advertiser to change the scheduled time of any of the Advertiser's advertisements to permit the broadcast of any event of public importance. In addition, Phoenix Airwaves also reserves the right to pre-empt Advertiser's rotational spots, with priority given to the higher-priced and fixed program spots, if airtime is fully sold in that particular time, zone. In such event, the deferred advertisement shall be broadcast as soon as possible after the originally schedule time.
(9) For the reason of a natural disaster, flood, earthquake or an act of God, etc., Phoenix Airwaves will have the right to change its programming schedule and formats in any way it deems necessary in order to provide a service required at the time. In the event of such change, the contracted rates shall remain valid for the broadcast services being provided.
(10) The Advertiser shall not use any advertising material produced or otherwise prepared by Phoenix AIrwaves, alone or in conjunction with the Advertiser, in any other radio broadcast or other form of telecommunication without prior written consent of Phoenix Airwaves. This includes, but it not limited to, written scripts, voice tracks, music tracks, and/or any combination of the disparate elements.
(11) This Contract shall be governed by the laws in force from time to time in the State of Queensland.
General Account Terms
- Accounts registered by automated methods are not permitted and will be deleted immediately without notice.
- You must provide your legal full name, a valid email address, and any other pertinent information requested in order to complete the signup process.
- You are responsible for maintaining the security of your account and password. Plasso cannot and will not be liable for any loss of information or security breaches that result from your failure to comply with this security obligation.
- You are hereby considered fully responsible for all content posted and any and all activity that occurs under your account.
- You may not use the Service and/or Plasso for any illegal activities. You must not, in your use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). Should you engage in any illegal activites through the Service, you agree to hold Plasso blameless and not liable for any damages or crimes that may occur as a result. You will also have your account immediately shut down, and all data there-in deleted.
- A valid credit card is required for paid accounts. A credit card is required upon initial sign up for paid accounts.
- The Service bills in advance on a recurring basis for paid accounts.
- All fees exclude any taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.
Cancellation and Termination
- It is your responsibility to ensure that your account has been properly cancelled. An email requesting an account to be cancelled is not considered a cancellation. You can cancel your account at any time from the "Manage" section within the Service.
- All of your Content will be immediately deleted from the Service should you initiate cancellation. This information can not be recovered once your account is cancelled.
- Your cancellation will be effective immediately once initiated. You will not be charged again from that point forward, on paid accounts.
- Both the Service and Plasso have the right to suspend or terminate your account and refuse any and all current or future use of the Service for any reason at any time. Both the Service and Plasso, in their sole discretion, reserve the right to refuse service to anyone for any reason at any time.
Personal Information Collection
- Plasso collects and stores any personal information you voluntarily provide when signing up for an account on the Service. We will collect your name and email address for purchases and sign-ups.
- Your personal information will be permanently removed from Plasso when you cancel your account with the Service.
- By signing up for an account you agree to allow the Service place your email address on an email list operated by the Service.
- Plasso will not share your personal information with anyone other than the Service. The Service may share your personal information with other 3rd party services, like email newlestter software, e-commerce analytics software, etc. while using Plasso. Plasso will not transfer or sell your personal information to any other 3rd party.
Modifications to the Service and Prices
- Both the Service and Plasso reserve the right at any time, with or without notice, to modify or discontinue the Service, temporarily or permanently.
- Plasso shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Copyright and Content Ownership
- Your use of the Service is at your own risk. The Service is provided on an "as is" and "as available" basis.
- You must not modify, adapt or hack the Service and/or Plasso or modify another website so as to falsely imply that it is associated with the Service or Plasso.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service.
- Plasso does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, or error-free, (iii) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations.
- You expressly understand and agree that Plasso shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Plasso has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
- You expressly understand and agree that Plasso shall not be liable for any payments and monetary transactions that occur through your use of the Service. You expressly understand and agree that all payments and monetary transactions are handled by the 3rd party payment platform the Service uses: Stripe (http://stripe.com). You agree Plasso shall not be liable for any issues regrarding financial and monetary transactions between you and any other party.
- The failure of Plasso to aggressively enforce any right or provision of the Terms of Service shall not be construed as a waiver of such right or provision. The Terms of Service outlines the entire agreement between you and Plasso and supersedes any prior agreements between you and Plasso including prior iterations of the Terms of Service.