‘Premium Member’ Agreement – version 1 – June 1, 2016

1. This is a legal agreement (herein ‘Agreement’) between on one side: you personally, or your company or organisation, as a user (herein ‘Member’) of the Radio))) ILOVEIT Premium Member service including its content (herein ‘Service’), and on the other side: Positive Frequency Media (herein ‘PFM’), based in Hilversum, Netherlands, as the provider of the Service.

2. The term ‘Member’ may refer to one or more individual persons and/or to a company or organisation. The term ‘Member’ includes any and all individuals that are using the Service under Member’s current subscription (herein ‘Subscription Plan’) as per Article 3 of this Agreement.

3. Member is allowed to give more than one individual person access to the Service as part of Member’s Subscription Plan, if all of these individual persons are employed by the same company or organisation (e.g. a radio station or radio group) AND if all of these individual persons are based at and working from one and the same location (e.g. a studio building). If Member intends to use the Service at more than one location (e.g. different studio buildings), Member will encourage his colleagues at those other locations to purchase their own Subscription Plan.

4. By subscribing to the Service and/or using the Service, Member agrees to any and all terms in this Agreement. Member agrees to be responsible for the fact that any and all individuals that are using the Service under Member’s Subscription Plan are acting according to this Agreement.

5. If Member does not adhere to the terms of this Agreement, PFM reserves the right to cancel the Service for Member.

6. PFM reserves the right to augment, enhance, or modify this Agreement at any time with prior notification to Member. In case Member does not agree with the Agreement changes, Member can cancel the use of the Service before the date that these Agreement changes become active. PFM will notify Member one month in advance, so that Member has time to cancel the Service if that is what he prefers. By still using the Service on the date that pre-announced Agreement changes become active, Member automatically agrees with any and all of these Agreement changes.

7. PFM reserves the right to augment, enhance, or modify a part of the Service at any time without prior notification to Member.

8. PFM reserves the right to halt or discontinue a part of the Service at any time, without with prior notification to Member. Member agrees that PFM is not liable for any damages occurring from such an event. If Member cannot accept such changes, Member’s sole remedy is to cancel his Subscription Plan.

9. In the event that PFM chooses to discontinue the Service completely, PFM will notify Member in advance, and will make an effort to fulfil the Service until the end of Member’s current Subscription Plan. The time interval during which Member has access to the Service according to his current Subscription Plan, is herein called a ‘Subscription Period’. The fee connected to a Subscription Plan, is herein called a ‘Subscription Fee’, unless specified otherwise.

10. As of June 1, 2016, the Service offers 3 Subscription Plans. Member always starts with a ‘Trial Membership’ (for a ‘Trial Fee’), optionally followed by either a ‘Monthly Membership’ (for a ‘Monthly Fee’) or an ‘Annual Membership’ (for an ‘Annual Fee’). If Member currently has a Trial Membership and does not cancel his Trial Membership before the end of his Trial Membership’s Subscription Period, then Member hereby agrees to be automatically billed at the end of the Trial Membership for continued access to the Service as part of a then automatically starting Monthly Membership or Annual Membership, depending on which of these 2 options Member has chosen before the start of his Trial Membership.

11. As of June 1, 2016, the ‘Trial Fee’ for the Service is $7 (seven US Dollars) for 7 days of access (‘Subscription Week’), payable before the beginning of the Subscription Week. PFM reserves the right to adjust the Trial Fee at any time with prior notification to Member according to Article 6 of this Agreement.

12. As of June 1, 2016, the ‘Monthly Fee’ for the Service is $27 (twenty-seven US Dollars) for 1 month of access (‘Subscription Month’), payable before the beginning of each Subscription Month. PFM reserves the right to adjust the Monthly Fee at any time with prior notification to Member according to Article 6 of this Agreement.

13. As of June 1, 2016, the ‘Annual Fee’ for the Service is $270 (two hundred and seventy US Dollars) for 1 year of access (‘Subscription Year’), payable before the beginning of each Subscription Year. PFM reserves the right to adjust the Annual Fee at any time with prior notification to Member according to Article 6 of this Agreement.

14. PFM will automatically charge the fee for the upcoming Subscription Period belonging to Member’s current Subscription Plan before the beginning of the upcoming Subscription Period, unless Member cancels the Service before the end of the current Subscription Period.

15. Member can cancel his Subscription Plan at any moment between the beginning date and the end date of his current Subscription Period, with no additional cost, within his personal password-protected member area (herein ‘Member Area’) within the Service, or, in the event that the Service is not available online, by sending an email, with ‘Premium Member cancellation’ in the subject line and Member’s contact details in the body text, to Thomas [at] Radioiloveit [dot] com.

16. If Member cancels his Subscription Plan, Member will lose his access to the Service on the day that his current Subscription Period expires. After his access to the Service has ended, (former) Member may sign up again for a Subscription Plan of his choice, in which case the then-current Subscription Fee for that Subscription Plan applies.

17. Subscription Fees that Member has already paid will generally not be refunded. If PFM agrees to give Member a credit (herein ‘Member Credit’) as an alternative for a refund, then PFM reserves the right to apply that Member Credit to future business with Member rather than reimbursing Member.

18. In the event that PFM wishes to cancel Member’s account due to a breach of any portion of this Agreement by Member, then Member forfeits Subscription Fees that Member has already paid, and Subscription Fees that Member has already paid will not be refunded and not be credited. In addition, PFM reserves the right to refuse (former) Member to get access to the Service again.

19. Member agrees to maintain a current and accurate personal profile (herein ‘Member Profile’) within the Member Area, maintain up-to-date credit card information within his PayPal account (when applicable), and maintain a working email address of which Member is reading incoming messages every week. Member acknowledges that his Member Profile is PFM’s primary means of maintaining customer contact.

20. PFM will work to minimise service interruptions and to ensure a high quality service to Member at all time, but PFM offers no warranty or refund of any kind to Member.

21. While PFM will work to provide a secure environment, including outsourcing the payment handling to specialised third-party services, any and all security breaches for any and all reasons are not the responsibility of PFM. No data transmission over the Internet, as well as no computer hardware & software connected to the Internet, can be guaranteed to be 100% secure. In case of a security breach, PFM will work with Member, and with specialised third-party services, to try to make necessary adjustments to secure the Service in a timely manner.

22. PFM has chosen a specialised third-party service to manage money transactions. Member agrees that PFM is not responsible for any disputes or claims arising from money transactions between external parties, such as disputes or claims between PayPal and Member.

23. PFM has chosen a specialised third-party service to maintain website servers. While PFM will work with this party to provide a reliable service, Member agrees that PFM is not responsible for any problems arising from third-party companies, such as PFM’s hosting company.

24. Member is the only one responsible for Member’s computer hardware & software, and Member releases PFM from any possible claims, damages and demands in this regard.

25. Member acknowledges that PFM is not responsible for what Member may do with the Service, and Member releases PFM from any possible claims, damages and demands in this regard.

26. Member is prohibited from doing anything that will adversely affect the Service, either intentionally or by accident.

27. Member shall not use the Service for any unlawful purposes, nor shall Member use the Service for anything this Agreement prohibits.

28. Member shall always respect the copyright of PFM, and shall, for example, not re-use or re-publish or re-sell any part of the Service without prior written consent of PFM.

29. Member is prohibited from attempting to enter any password-protected areas of the Service or other non-public areas of the Service, unless these are specifically assigned to Member.

30. Member shall keep his password to the Service confidential, and shall never share his password with anyone else, except with any and all individuals that are using the Service under Member’s Subscription Plan as per Article 3 of this Agreement.

31. Member agrees to settle through arbitration by a court in the Netherlands any disputes that may arise between Member and PFM. Member also agrees that any and all claims of Member must be made within 90 days of occurrence in question, or these claims will be null and void.

32. Member acknowledges that terms of this Agreement survive beyond Member’s cancellation of the Service or PFM’s termination of the Service, and continue indefinitely.

33. If any provision of this Agreement is deemed invalid, the balance of this Agreement remains in tact and valid.

34. This Agreement can be agreed to electronically, and written signatures are not needed.

End of ‘Premium Member’ Agreement – version 1 – June 1, 2016