General Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT USE THIS WEBSITE OR ANY OF THE SERVICES AVAILABLE THROUGH IT. BY USING THIS WEBSITE AND/OR ANY OF THE SERVICES AVAILABLE THROUGH IT, YOU AGREE TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS SET OUT BELOW. PLEASE PRINT AND KEEP A PAPER COPY AND/OR RETAIN AN ELECTRONIC COPY OF THESE TERMS AND CONDITIONS FOR YOUR RECORDS.
The following terms and conditions govern the agreement relationship between UMT.radio, 157 Moo 5, Koh Lanta, 81150 Krabi, Thailand (hereinafter referred to as “Operator”) and the users of the audio services offered by the Operator (hereinafter referred to as “Users”/“User”). The Operator’s services are offered via the Internet, including at but not limited to the URL “umt.radio,” and are available as an application in connection with third-party offers on the Internet and on (terminal) devices. Unless otherwise specifically excluded, the terms of this agreement shall apply to any other arrangements entered into with the User. These terms and conditions shall also apply to future agreements with Users even if their application is not expressly referred to again. Deviating terms and conditions are only effective if the Operator agrees to their application in writing.
§ 1 Subject of the Agreement
The operator has created a database consisting essentially a reference (M3U playlist link) to audio streams and podcasts of third parties (hereinafter “audio sources”) that are supplied by third parties, as well as editorial content (hereinafter “database”) and has developed software with a user interface which enables User to access this audio stream database using a graphical representation of a radio player as well as to play these audio sources in his own browser or (terminal) device (hereinafter “software”). The subject of the agreement is the provision of technical services by the Operator and the granting of rights of use to the database and the software. The provision of the services, the database, the software and the other technical components of the service – regardless of whether the provision is made via the portal UMT.radio, another internet portal, an application available on the internet or on a (terminal) device or in any other way – is hereinafter referred to collectively as “UMT.radio”.
§ 2 Term and Termination
This agreement concerning the provision of the free (at no charge) services is entered into and shall continue unless or until it is terminated by either party at any time and for any reason.
§ 3 External / Additional Services
(1) Insofar as UMT.radio enables the use of third-party services subject to a charge (e.g. iTunes, Amazon), a agreement is concluded exclusively between the User and the external provider without the participation of the operator.
(2) In the event the Operator offers premium, subscription or other paid services, it will inform the User accordingly. The User shall further be informed of the costs and fees associated with such services as well as any other terms governing their use and/or provision.
§ 4 Grant of Rights
(1) Under this agreement , the Operator grants Users only the right to use the software and database provided by the Operator for the private (noncommercial) purpose of finding and playing the audio sources. Further use of UMT.radio, in particular reproduction, distribution, communication to the public and decompilation, is not permitted without express permission.
(2) Insofar as music is being played at UMT.radio, the User is responsible for all forms of use that go beyond mere playing.
(3) All further rights to the elements and content of UMT.radio are reserved and must be licensed separately from the Operator and/or the other holders of the rights. This applies in particular to local storage, reproduction, distribution and communication to the public of any element of the service or any material derived from it.
§ 5 User’s Additional Duties / Indemnification in Case of Violation of Obligations of the User
(1) The User agrees to use any information obtained from the service and/or the Operator in good faith and shall refrain from using such information to harm third parties.
(2) The User is prohibited from using information obtained from UMT.radio for advertising purposes on other channels.
(3) The User undertakes to indemnify the Operator against any claims of third parties which are brought against the Operator due to a breach of the agreement obligation or an infringement of third-party rights by the User. This also includes the reasonable costs of legal representation. Further legal claims of the Operator remain unaffected.
§ 6 Privacy
§ 7 Limitation of liability
(1) Subject to the regulations in the following paragraphs (2) to (6), the Operator is liable, regardless of the legal basis, only for damages caused by intentional or grossly negligent conduct of the Operator, its legal representatives, employees or vicarious agents.
(2) For damages caused by grossly negligent behavior of vicarious agents of the Operator, liability is limited to such damages which typically have to be expected within the scope of the present agreement .
(3) The Operator is only liable for damages caused by the Operator, his legal representatives, employees or vicarious agents neither intentionally nor grossly negligently if an essential agreement obligation is violated. An agreement obligation is essential if its fulfilment makes the proper execution of the agreement possible in the first place and if a user can regularly rely on its observance.
(4) As far as the Operator makes it easier for the User to access audio streams and websites of third parties via UMT.radio , he assumes no liability for the contents of these offers. The respective providers themselves are responsible for the content, in particular for any infringements of copyrights, industrial property rights and personal rights caused thereby.
(5) A possible liability of the Operator for damages from injury to life, body or health, from the assumption of a guarantee or a procurement risk as well as according to the product liability law remains unaffected by the regulations of this § 7.
(6) As far as the liability of the Operator is excluded or limited according to the above paragraphs, this also applies to the benefit of the employees of the Operator in the event of their direct use by the User.
§ 8 Miscellaneous
(1) Modifications, amendments and side agreements to this agreement must be made in writing between the parties.
(2) In the event any of the preceding provisions is invalid, the invalid provision shall be replaced by a provision that most closely approximates the invalid provision’s intended legal purpose.
(3) The courts of Hamburg, Germany shall have exclusive jurisdiction to settle any dispute which may arise out of or in connection with this agreement if the User is a merchant. The same applies in the event the User is a consumer and was at the time of the conclusion of the agreement domiciled or habitually resident in Germany or its domicile or habitual residence is not known at the time an action is commenced.
(4) This agreement shall be governed by and construed in accordance with German law excluding the conflict of laws rules.
§ 9 Copyright infringement procedure
If the Operator receives a third-party report that one of the submitted User tracks or DJ set contains infringing content (i.e., copyright protected work that is copied or adapted), the operator will take down the reported mix and contact the User through e-mail through the primary address listed on User account.
Strikes are used to help communicate the importance of copyright, and to ensure rightful ownership and permissions of all content uploaded to the platform. Each successive strike penalizes you further, with the third strike resulting in a termination of your account. Below are the actions we take based on number of strikes.
- The first strike does not affect the functionality of the affected account but it will make it ineligible for future initiatives on UMT.radio.
- The second strike results in a suspension of the upload functionality on the account.
Strikes will expire 12 months from the date of issue. However, the reported track or DJ mix must remain blocked after a strike expires in compliance with copyright law, but any penalty will no longer be in effect.
If you are an artist and wish to have your track removed from any of the shows or playlists on this website, please contact [email protected] for assistance.
§ 10 – Logo Usage Policy
This policy provides our requirements regarding use of the logotypes Undeground Music Thailand on all its forms and coloring schemes, (hereinafter “UMT.radio“) and its subsidiaries available for download from the UMT.radio website (or any other trademarks, logos, service marks, trade dress, slogans, copyrighted designs or other brand features of UMT.radio obtained from the website) (“Logos”).
As the need to address future branding concerns arises, we may cancel, modify, or change the terms of this policy from time to time without notice to you. You, as a Logo user (“you”), are responsible for complying with any modified terms, so please review this policy and also become familiar with any modifications we publish.
The Logos are the sole and exclusive properly of UMT.radio and its affiliates. Your use of any Logo implies acceptance of, and agreement with, the terms of this policy. If you do not accept and agree to follow (he rules for using the Logos as set out in this policy, you do not have the right to use the Logos and should not use them. Any use of the Logos that does not comply with this policy is not authorized. If you violate the rules set out in this policy, you must cease all use of all Logos, regardless of the uses otherwise allowed in this policy. In addition, UMT.radio reserves the right to revoke its approval of your use of the logos at any lime and may cancel your account enterly, along with the cancelation of all promotion services provided by UMT.radio platform.
Permission is granted to you to use the Logos only after UMT.radio admins express authorization and on the following conditions:
Rules for Using the Logos
You must comply with all of the following rules when using a Logo:
- Logos may only be used in marketing or other publicity materials for the benefit of UMT.radio with the permission of UMT.radio.
- Logos may not be used in any confusing way.
- No Logo may be used in any way that suggests that UMT.radio is affiliated with, sponsors, approves or endorses you, your organization, your websites, your products or your services, unless such a relationship exists.
- No Logo may be used in any way that mischaracterizes any relationship between you and UMT.radio
- Vendors may not use the Logos to advertise UMT.radio or its businesses as clients on vendor websites and promotional pieces without our written permission.
- All UMT.radio Logos are distinctive, designed pieces of graphic artwork. The following usage guidelines must be followed:
- Do not modify or alter the Logos
- Do not change scale, skew or rotate any Logo
- Do not change the design of any Logo
- Do not change or vary the colors of any Logo, except that the Logos may be all black or can be reversed out in white.
- Avoid screening Logos to less than 100%
- Do not shrink any Logo to less than 1″ in height
- Do not combine a Logo with any other design, trademark, 9Faghic, text or other element, including your name, any trademarks or any generic terms.
- No other design, trademark, text, graphic or other element may be placed closer to a Logo than the height of the tallest letter in the Logo.
- Logos may only be placed on solid backgrounds (preferably bright white), and not over an image or pattern, and no artistic effects (such as drop shadows) may be applied.
- No Logo may be used or displayed in any of the following ways:
- in any manner that, in the sole discretion of UMT.radio, discredits UMT.radio or tarnishes its reputation and goodwill;
- in any manner that infringes, dilutes, depreciates the value, or impairs the rights of UMT.radio in the Logos;
- in any manner that is false or misleading;
- in connection with any pornography, illegal activities, or other materials that are defamatory, libelous, obscene, or otherwise objectionable;
- in any manner that violates the trademark, copyright or any other intellectual property rights of others:
- in any manner that violates any law, regulations, or other public policy; or
- as part of a name of a product or service of a company other than UMT.radio.
- Written materials, such as web pages, must be marked to indicate that the Logos used are owned by UMT.radio or its affiliates (for example by using a statement such as, ‘the UMT.radio logo is a registered trademark of UMT.radio”).
- All goodwill generated by the use of any Logo inures to the benefit of UMT.radio.
- You may not assert rights to any Logo whether by trademark registration, domain name registration or anything else.
- You must, upon request from UMT.radio, provide samples of any materials that include the Logos for purposes of determining compliance with this policy.
- You must make any changes to your use of the Logos that are requested by UMT.radio.
- Your download and use of the Logos is subject to the UMT.radio Site Terms.
Business partners who have agreements with UMT.radio must comply with the terms of their agreement in addition to this policy.
If you’d like to make any use of our Logos that is not covered by this policy, or for further information or clarification about use of the Logos, please use our contact page.
§ 11 – Copyrights and Trademarks
Unless otherwise noted, all materials including without limitation, logos, brand names, images, designs, photographs, video clips and written and other materials that appear as part of our Website are copyrights, trademarks, service marks, trade dress and/or other intellectual property whether registered or unregistered (“Intellectual Property”) owned, controlled or licensed by UMT Radio (Underground Music Thailand).
Our Website as a whole is protected by copyright and trade dress. Nothing on our Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Intellectual Property displayed or used on our Website, without the prior written permission of the Intellectual Property owner.
UMT Radio (Underground Music Thailand) enforces its intellectual property rights to the fullest extent of the law. The names and logos of UMT Radio (Underground Music Thailand), may not be used in any way, including in advertising or publicity pertaining to distribution of materials on our Website, without prior, written permission from UMT Radio (Underground Music Thailand).
UMT Radio (Underground Music Thailand) prohibits use of any logo of UMT Radio (Underground Music Thailand) or any of its affiliates as part of a link to or from any Website unless UMT Radio (Underground Music Thailand) approves such link in advance and in writing. Fair use of the Intellectual Property of UMT Radio (Underground Music Thailand) requires proper acknowledgment. Other product and company names mentioned in our Website may be the Intellectual Property of their respective owners.