Listen to News - Terms and Conditions of Use

Effective as of 28 January 2020

1. INTRODUCTION

Please take time to read these terms and conditions of use for the Listen to News Service and any terms and policies that they reference (jointly “Listen to News Terms”). The Listen to News Terms are a legally binding agreement between you and Listen to News ApS ("Listen to News") and cover your access to and use of the news and other content in the app, related software applications and all the content and other material offered on the service by Listen to News from time to time (jointly “Listen to News Service”).

You acknowledge that the Listen to News Service is only available to individuals who (i) are 18 years or older, or between 13 and 18 years old and have parental consent, (ii) have the power to entire into a binding agreement with Listen to News, and are not barred from doing so under any applicable law, (iii) are a resident of a country in which the Listen to News Service is available, and (iv) use the Listen to News Service for private non-commercial use.

By accepting the Listen to News Terms and/or accessing or using the Listen to News Service, you acknowledge that you have entered into an agreement with Listen to News and represent and warrant that you meet the above requirements.

2. CHANGES TO THE LISTEN TO NEWS TERMS

Listen to News may occasionally make changes to the Listen to News Terms for valid reasons such as changed functionality and development of the Listen to News Service, implementing new technology and ensuring legal compliance. When material changes are made, Listen to News will notify and/or seek your agreement as appropriate, provided that we have your email address. If you are notified, your continued use of the Listen to News Service will constitute your acceptance of the changed terms. Please do not continue to use the Listen to News Service if you do not agree to the changed terms. If you would like to terminate your Listen to News account due to changed terms, please email us at support@listentonews.dk and request termination of your account or go to your settings and delete your account.

3. THE LISTEN TO NEWS SERVICE

3.1 Your Listen to News Account

In order to have your settings and preferences saved, you can choose to create an account. To do this, you will have to create a password protected account (“Listen to News Account”). You represent and warrant that all information you provide to Listen to News is accurate and correct, and that you will keep the information up to date. You agree not to share your Listen to News Account or password and that you are solely responsible for all activity that occurs on your Listen to News Account (including any unauthorized use). If you believe there has been any unauthorized access or use of your Listen to News Account, you must notify Listen to News immediately and change your password as soon as possible. Listen to News will not be responsible for any activities on your Listen to News Account unless it has been caused by Listen to News’s negligence.

3.2 Listen to News Premium

When you use the Listen to News Service, you will have access to some content, features and functionality for free. However, you acknowledge that in order to have access to certain exclusive content, features and functionality (as applicable) (“Listen to News Premium”), you will have to pay a specified subscription fee for Listen to News Premium.

You purchase a Listen to News Premium subscription through a third party such as the Apple App Store. When you purchase a Listen to News Premium subscription through a third party, the terms and conditions of that third party will apply. Listen to News is not responsible for fees or penalties charged to you by your bank or credit card company in connection with processing your payment. By subscribing to Listen to News Premium, you authorize the applicable third party to automatically charge your payment method monthly or otherwise in accordance with the terms of the subscription you purchased for the then applicable Listen to News Premium subscription fee. YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE END OF THE APPLICABLE SUBSCRIPTION PERIOD. IF YOU DO NOT WANT AUTOMATIC RENEWAL, YOU HAVE TO CANCEL YOUR LISTEN TO NEWS PREMIUM SUBSCRIPTION PRIOR TO THE END OF THE THEN APPLICABLE SUBSCRIPTION PERIOD. Your cancellation will be effective on the first day immediately following the end of the then current Listen to News Premium subscription period for which you have paid. You must cancel through the third party through which you have purchased your Listen to News Premium subscription. Listen to News reserves the right to make changes to a Listen to News Premium subscription, including recurring subscription fees or prepaid periods from time to time. Listen to News will inform you in advance of such price changes and, if applicable, how to accept them. Price changes will take effect at the start of the next subscription period following the date of the price change. Subject to applicable law, you accept the new price by continued use of Listen to News Premium after the price changes takes effect. If you do not agree to a price change, you may reject the price change by unsubscribing to Listen to News Premium prior to the change taking effect.

3.3 Trials

Listen to News may offer trials to Listen to News Premium for a specified period without payment or at a reduced rate (a “Trial”). Listen to News reserves the right to determine your eligibility for a Trial and revoke or modify a Trial at any time without prior notice with no liability to you to the greatest extent permitted under applicable law.

For some Trials, you will be required to provide your payment details to start the Trial. By providing such details you acknowledge that Listen to News may automatically begin charging you for a Listen to News Premium subscription on the first day following the end of the Trial on a recurring monthly basis or other interval (as applicable) provided that this was stated in the conditions for the Trial. IF YOU DON’T WANT THIS CHARGE, YOU MUST CANCEL THE APPLICABLE SUBSCRIPTION BEFORE THE END OF THE TRIAL THROUGH THE THIRD PARTY WHICH YOU USED TO SIGNED UP.

4. YOUR USE OF THE LISTEN TO NEWS SERVICE

The Listen to News Service and all intellectual property rights associated with it is the property of Listen to News or Listen to News’s licensors. Without limiting the foregoing, Listen to News grants you a limited, non-exclusive, revocable, non-transferrable, non-sublicensable right to access and use the Listen to News Service solely for your personal and non-commercial entertainment and use. You accepts and agrees that you may not redistribute or transfer the Listen to News Service or its content.

You acknowledge that you may only use the Listen to News Service in the countries where Listen to News offers the Listen to News Service, and that the content on the Listen to News Service may vary based on your geographical location. You further acknowledge that except for the rights expressly granted to you in these Listen to News Terms, Listen to News grants no rights, title or interest to you in the Listen to News Service or its content.

5. RIGHTS YOU GRANT LISTEN TO NEWS

In consideration for the rights Listen to News grants to you under these Listen to News Terms, you accept and agree that Listen to News has a right to provide advertising and other information to you.

6. FEEDBACK AND UNSOLICITED IDEAS

If you provide feedback, ideas, or suggestions to Listen to News in connection with the Listen to News Service or content generally (“Feedback”), you acknowledge that the Feedback is not confidential and that Listen to News has a right to use that Feedback without restriction and without payment to you.

You also acknowledge that Listen to News is not responsible if the content included on the Listen to News Service is similar to ideas or materials that you have submitted to Listen to News. You waive any claims against Listen to News and Listen to News’s licensors in connection with the use of similar ideas or materials.

7. SERVICE LIMITATIONS AND MODIFICATIONS

Listen to News will make reasonable efforts to keep the Listen to News Service operational. Notwithstanding the foregoing, Listen to News reserves the right to modify or discontinue the Listen to News Service or functions or features thereof temporarily or permanently without liability to you to the fullest extent permitted by law. Listen to News will give you advance notice where possible. If you have prepaid fees to Listen to News for Listen to News Premium and Listen to News Premium is permanently discontinued prior to the end of the pre-paid period, Listen to News will refund you the prepaid fees for that prepaid period on your request. You understand and accept that the content on the Listen to News Service will vary from time to time, and that Listen to News and the owners of any content may from time to time remove content from the Listen to News Service without notice to you.

8. THIRD PARTY RIGHTS

You accept and agree that the Listen to News Terms do not grant any rights to anyone except you and Listen to News, and that the Listen to News Terms shall in no event create any third party beneficiary rights with the following exception.

If you access or use the Listen to News Service via a software application that you have downloaded from the Apple Inc. (Apple) App Store or that runs on an iOS operating system (“Listen to News iOS App”), you confirm that you have read, understood and agree to the following in relation to Apple.

  • Apple is not responsible for the Listen to News Service and its content.

  • Apple has no obligation to provide any maintenance and support services with respect to the Listen to News iOS App. If you have any maintenance or support questions in relation to the Listen to News iOS App, please contact Listen to News and not Apple.

  • The Listen to News iOS App may only be accessed and used on a device owned or controlled by you and using Apple’s iOS operating system.

  • In the event of any failure of the Listen to News iOS App to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the application (if any) to you. Subject to the foregoing, and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Listen to News iOS App.
  • Except as expressly set forth in these Listen to News Terms, and to the maximum extent permitted by applicable law, Apple is not responsible for addressing any claims by you or any third party relating to the possession or use of the Listen to News iOS App.

  • In the event of any third party claim that the Listen to News iOS App or your possession and use of the Listen to News iOS App infringes any third party’s intellectual property rights, Listen to News, and not Apple will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

  • Apple and its subsidiaries are third party beneficiaries of the Listen to News Terms, and when you accept the Listen to News Terms you accept and agree that Apple will have a right to enforce the Listen to News Terms against you as a third party beneficiary.

  • You warrant and represent that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and (ii) that you are not listed on any U.S. Government list of prohibited or restricted parties.

  • When accessing a Listen to News application through any other App Store than the Apple App Store, you accept and agree that your use of the relevant Listen to News application may be subject to the terms of service or any relevant app store terms.

    9. CONTENT AND THIRD PARTY LINKS

    You accept and agree that Listen to News is not responsible for information in the content on the Listen to News Service (e.g. content from podcasts), and reliance on such information is expressly at your own risk. Listen to News accepts no liability for direct or consequential loss arising as a result of the accuracy, timeliness, completeness or usefulness of information available through content on the Listen to News Service.

    The Listen to News Service may contain links to third party websites or services (“Third Party Services”). These Third Party Services are not controlled by Listen to News, and Listen to News takes no responsibility for their content and separate third party terms may govern your use of these Third Party Services.

    10. PERSONAL DATA

    Your use of the Listen to News Service is subject to Listen to News’s Privacy Policy, which is available in the section underneath this section.

    11. EXPORT CONTROL

    You agree not to export, re-export, resell, ship, divert, or cause to be exported, re-exported, resold, shipped, or diverted directly or indirectly any regulated material, including technical data, to any country for which the U.S. government, any government agency or any other sovereign government, requires an export license or other governmental approval without first obtaining the required license or approval.

    12. TERM AND TERMINATION

    These Listen to News Terms will continue until terminated by you or Listen to News. You may terminate the Listen to News Terms by emailing Listen to News on support@listentonews.dk and request that your Listen to News Account is closed and by ceasing all other access to and use of the Listen to News Service. Listen to News may pause, suspend or terminate your access to the Listen to News Service or any part thereof at our discretion including but not limited to if you have violated the Listen to News Terms. All terms of these Listen to News Terms that should survive a termination by their nature, will survive and these terms include but are not limited to the following sections: Introduction, The Listen to News Service, your use of the Listen to News Service, Rights you Grant Listen to News, Feedback and Unsolicited Ideas, Service Limitations and Modifications, Third Party Rights, Content and Third Party Links, Personal Data, Export Control, Term and Termination, Entire Agreement, Assignment, Indemnity, Warranty Disclaimer, Governing Law and Jurisdiction, Class Action Waiver.

    13. ENTIRE AGREEMENT

    With the exception of what is stated below in this section, these Listen to News Terms, and any terms and policies that they refer to, constitute all of the terms and conditions agreed between you and Listen to News and supersede any prior agreements in relation to the subject matter of the Listen to News Terms.

    Please note that certain offers to access and use the Listen to News Service may be governed by additional terms. This includes but is not limited to access and use of the Listen to News Service as a result of a free trial, gift card or together with other products or services. When you are presented with such an offer you will also be presented with and asked to accept any related additional terms that are applicable. To the extent that there is a conflict between these Listen to News Terms and such additional terms, the additional terms shall prevail.

    14. ASSIGNMENT

    Listen to News may assign and delegate any of its rights and obligations under the Listen to News Terms in whole or in part.

    15. INDEMNITY

    You agree to indemnify and hold Listen to News harmless from and against all damages, losses and expenses of any kind (including reasonable legal fees and costs) arising out of or related to (i) your breach of the Listen to News Terms, (ii) any activity you engage in on or through the Listen to News Service, and (iii) your violation of any law or the right of a third party.

    16. WARRANTY DISCLAIMER

    YOU ACCESS AND USE THE LISTEN TO NEWS SERVICE AT YOUR OWN RISK. YOU ACCEPT AND AGREE THAT THE LISTEN TO NEWS APP, THE LISTEN TO NEWS SERVICE AND ALL ITS CONTENT IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LISTEN TO NEWS, DISCLAIM ALL WARRANTIES OF ANY KIND, WHEATHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. LISTEN TO NEWS DOES NOT REPRESENT OR WARRANT THAT THE LISTEN TO NEWS APP AND/OR THE LISTEN TO NEWS SERVICE, OR YOUR ACCESS TO OUR USE THEREOF WILL BE SECURE, RELIABLE, ACCURATE, UNINTERRUPTED ERROR-FREE OR FREE OF VIRUSES, MALWARE OR OTHER HARMFUL COMPONENTS, OR WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

    LISTEN TO NEWS MAKES NO REPRESENTATION OR WARRANTIES ABOUT THE QUALITY OF YOUR LISTENING EXPERIENCE, WHICH MAY VARY DEPENDING ON YOUR DEVICE, INTERNET CONNECTION, LOCATION OR BANDWIDTH. LISTEN TO NEWS IS NOT RESPONSIBLE FOR ANY INTERNET OR CELLULAR DATA ACCESS CHARGES.

    YOU ACCEPT AND AGREE THAT BY USING OR ACCESSING THE LISTEN TO NEWS SERVICE YOU MAY BE EXPOSED TO, AND AGREE THAT, LISTEN TO NEWS IS NOT RESPONSIBLE FOR YOUR EXPOSURE TO CONTENT THAT YOU MAY FIND OFFENSIVE, INDECENT, INACCURATE, MISLEADING OR OTHERWISE OBJECTIONABLE.

    LISTEN TO NEWS IS NOT RESPONSIBLE FOR ANY THIRD PARTY SOFTWARE, SERVICES, WEBSITES, LINKS OR APPLICATIONS WHICH ARE LINKED TO, REFERENCED IN OR INTEGRATED WITH THE LISTEN TO NEWS APP AND/OR THE LISTEN TO NEWS SERVICE.

    THE ABOVE WORDING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

    17. GOVERNING LAW AND JURISDICTION

    The Listen to News Terms, and all disputes or claims (“Disputes”) between you and Listen to News relating to the Listen to News Terms, the Listen to News Service or the content provided via the Listen to News Service, are governed by and construed exclusively in accordance with the laws of Denmark without regard to conflict of law principles. The City Court of Copenhagen shall have exclusive jurisdiction of all Disputes.

    18. LIMITATION OF LIABILITY

    YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE LISTEN TO NEWS SERVICE, INCLUDING BUT NOT LIMITED TO PROBLEMS OR DISSATISFACTIONS RELATING TO THE CONTENT MADE AVAILABLE ON THE LISTEN TO NEWS SERVICE, IS TO UNINSTALL AND TO STOP USING THE LISTEN TO NEWS SERVICE AND RELATED SOFTWARE APPLICATIONS. IN ANY EVENT, YOU ACCEPT AND AGREE THAT IN NO EVENT SHALL LISTEN TO NEWS, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, STRATEGIC PARTNERS, AMBASSADORS, OR LICENSORS (I) BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LISTEN TO NEWS SERVICE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND IRRESPECTIVE OF IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. (II) BE LIABLE FOR AN AGGREGATE LIABILITY EXCEEDING THE AMOUNTS PAID BY YOU TO LISTEN TO NEWS DURING THE 12-MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE CLAIM. (III) BE LIABLE FOR ANY CLAIM OR CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATING TO THE LISTEN TO NEWS TERMS OR THE LISTEN TO NEWS SERVICE THAT HAS NOT BEEN COMMENCED WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES AND YOU ACCEPT AND AGREE THAT ANY CAUSE OF ACTION THAT IS OLDER THAN ONE YEAR WILL BE PERMANENTLY BARRED. THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND YOU MAY HAVE RIGHTS IN YOUR JURISDICTION WHICH PROVIDES FOR REMEDIES IN ADDITION TO THOSE SET OUT ABOVE.

    19. CLASS ACTION WAIVER

    WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND LISTEN TO NEWS AGREE TO BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and LISTEN TO NEWS agree, no judge may consolidate individual claims or otherwise preside over any form of a representative or class proceeding.

    20. CONTACT INFORMATION

    If you have any questions, complaints or comments to the Listen to News Service, please contact Listen to News by email using support@listentonews.dk, or in writing by mail to Listen to News ApS, Købmagergade 22, 3., 1150 Copenhagen, Denmark att. Customer Support

    Listen to News - Privacy Policy

    Effective as of 28 January 2020

    1. Data controller – and contact information

    Listen to News ApS is responsible for your personal data being collected and processed in accordance with the applicable data protection legislation.

    Our contact information is as follows:

    Listen to News ApS Købmagergade 22, 3., 1150 Copenhagen, Company registration no.: 35894748 Email: support@listentonews.dk

    2. What personal data do we process and the purposes of such processing?

    When you create an account with Listen to News, you will be asked to enter your email address and a password chosen by you. We collect such information to enable you to have your settings and preferences saved, should you for instance change device, and to offer you the possibility to receive our weekly newsletters.

    You also have the possibility to change the settings of your account and manage your areas of interest. We use this information to provide you with relevant content. In extension of this, and for the same purposes, we will have access to information regarding what content you have been listening to.

    With regard to Premium subscribers, we will also be collecting payment information in order to provide you access to your purchased content.

    If you subscribe to our newsletters from our website, you will be asked to enter your email address. We only use such information for as long as you want to receive such newsletters, and you may at any time withdraw your consent after which you will no longer receive newsletters from us.

    The above information is all considered ordinary personal data under applicable data protection legislation, and thus we do not process sensitive or other confidential information about you.

    3. The legal basis for the processing

    Most of the information that we collect and process about you is based on art. 6(1)(b) of the GDPR, as the information is necessary for the performance of a contract with you.

    In the event our processing of personal data is based on your consent, you will at any time be entitled to withdraw your consent. You may do so by using the contact information above under section 1 – and if the withdrawal concerns newsletters, you may use the relevant link provided in each of the newsletters.

    Please note that if you choose to withdraw your consent, this will only have effect from the time of withdrawal. Consequently, the withdrawal will not affect the legality of the processing of personal data up until the time of withdrawal.

    4. Whom will have access to your personal data?

    We take the processing of your personal data very serious and as a main rule we do not transfer such data to third parties. However; we do from time to time use external parties to help us with for instance CRM systems, etc. Such external parties act as data processors and may only act under our instructions.

    5. When will your personal data be deleted?

    We only keep your data for as long as they are of relevance to us and we have a legitimate purpose for keeping them. Your data will therefore be deleted in accordance with applicable data protection legislation.

    This means that your data as a main rule will be deleted when you choose to unsubscribe, unless we have a legitimate purpose for keeping them for longer.

    Information (email addresses) which we have received in connection with subscription for newsletters will be deleted 2 years following the last newsletter that we have sent you due to documentation purposes.

    6. What rights do you have?

    For as long as we process your personal data you have certain rights according to the GDPR.

    You have – with a few exceptions – a right to receive access of the data which we process about you, including information about the purposes of the processing, the categories of data, the recipients, when they will be deleted, etc.

    You have the right to have incorrect information about you corrected.

    Under certain circumstances you have the right to request for your information to be deleted before the time of our general deletion. This may for instance be information about your areas of interest which are optional and not necessary for providing you access to the content of the app.

    Under certain circumstances you have the right to request for restriction of the processing of your personal data. This entails that we afterwards only are entitled to process your data – except for storage – if you for instance have given your consent.

    Under certain circumstances you have the right to receive your information in a structured, commonly used and machine-readable format for your own use. Further, you have the right to have your information transmitted to another data controller.

    Under certain circumstances you have the right to object to our processing of your data.

    If you object to our processing of data in relation to sending you newsletters, we will immediately stop sending these to you going forward.

    Read more about your rights on the Danish Data Protection Agency’s website www.datatilsynet.dk.

    If you want to make use of the above rights, please see our contact information under section 1.

    We will process a rights request as fast as possible and within the timeframe stated by law, i.e. generally within 1 month after receiving the request.

    7. Contact the Danish Data Protection Agency

    In the event you are unsatisfied with the way we process your data, please do not hesitate to contact us. If you continue to be unsatisfied, you may contact the Danish Data Protection Agency. Contact information is available at www.datatilsynet.dk.