These Terms of Service (hereinafter: Terms) constitute as a binding agreement between Webcode LTD, an Israeli company whose main address is P.O.B 3220, Akko 24132, Israel - Fax - +972-3-9155798 (Hereinafter: Company) and Yourself (Hereinafter: You), the person who is using Company's services. These terms and conditions are set forth in order to regulate your activities in Company's website and unless you agree to these terms you shall not have any right to use any of company's services under this Website.
The Terms brought forth consist of several parts:
The First part describes the services brought under this Agreement and Company's permission to modify them, amend the terms, discontinue the service and the parties' rights to terminate these Terms.
The Second part describes Your obligations and rights under this Agreement. This part consists of several subsections: the first describes your rights and duties as a Radio Manager (Hereinafter: Radio Manager), including your commitment not to broadcast copyrighted content unless you paid royalties directly to the copyright owners or their representatives; the second describes your rights and duties as a Premium Radio Manager (Hereinafter: Premium Radio Manager), using our Shoutcast or Icecast server (hereinafter: Shoutcast); the third describes your rights and duties as an Disc Jockey (Hereinafter: DJ), and lastly the forth describes your duties as a Listener (Hereinafter: Listener).
The Third part is the Company's privacy policy. This section describes the information and data stored at Company's servers and third party servers and allows you to know what personal and non-personal information is being stored.
The Fourth part is the extensive copyright policy. It explains your commitments and duties and creates a takedown mechanism in order to assist us to protect copyrighted material, it also allows the users to listen to streams as these may be in the Radio Manager's copyright.
The Fifth part is the company's 3rd Party content section, which explains that this site may contain content and webpages from 3rd parties, including advertisements, marketing content, 3rd party statistic services and others.
The Sixth and final section is the General terms section, it disclaims all liability from Company and explains that their services may be subject to further conditions. This section also determines an Arbitration mechanism and explains that all legal procedures will be made under the laws of the State of Israel and via Arbitration.
Please read the following Terms carefully, as they may affect your use of the website. Please also note that these terms may be amended from time to time and that we may amend them without notice, and therefore You will have to check this page often to check for amendments.
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Services:
Company provides a Platform for Radio Managers and Premium Radio Managers to transmit and publish streaming media and/or radio channels and allows Registered Users and Users to listen to such audio streams (Hereinafter: Platform). This Platform is given partially free of charge and partially against fees explained under this agreement, and on an AS-IS basis.
- Term: These Terms are in effect from April 1st, 2008 and shall remain in effect until Company shall terminate, amend of modify them, Company may amend, modify or terminate these terms for all users and/or for specific users without any notice and you shall have no claim whatsoever as to such amendment, modification or termination.
- Termination of Service: Company may discontinue platform at its sole discretion and may terminate service without notice. You disclaim cCompany and hold cCompany harmless from any liability and/or loss of data or profit due to such termination.
- General Practices - You acknowledge that Company may establish general practices and limits concerning use of the Content and storage or transmission thereof, including, without limitation, the maximum number of users or bandwidth, the maximum or minimum quality of any stream that may be sent from or received by an account on the Platform, the maximum disk space that will be allotted on Company's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Platform in a given period of time. You agree that Company has no responsibility or liability for the deletion or failure to store or Transmit any Content and other communications or other Content maintained or transmitted by the Platform. You acknowledge that Company reserves the right to log off sessions that are inactive for an extended period of time. You further acknowledge that Company reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
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Your Duties, Obligations and Rights: By registering as a Listener, DJ or Radio Manager, you shall provide Company with accurate, true and comprehensive information according to the values fields required in the registration form. You may change such registration information at any time and from time to time, and You warrant to maintain such contact information relevant and accurate. You shall provide company with a valid email address in order to verify your User Account (hereinafter: User Account). You shall keep your User Account information, including password and other login information in utmost secrecy and shall be liable to any damage, direct or indirect arising from misuse of Your User Account. Should you find that any personal information regarding your User Account was violated or disclosed, you will, immediately and without any delay notify Company of any unauthorised use of your password and User Account and take the best care in order to ensure that no other party shall use your User Account. You shall be solely liable for any exchange of private information with 3rd parties and Users of Platform and You are hereby warned not to disclose any information to 3rd parties or Users which may be considered Sensitive Data or Personal Information according to any state regulations. You are hereby discouraged from exchanging personal information and are warned from meeting Users who you met through Platform. You are hereby warned from providing any User or 3rd Party any contact information, including but not only, phone number, email address, personal address, work related information or any other information which may be assist in personally identifying you.
- General Use - You shall use Platform in a bone-fide manner and will avoid utilising it in order to mass message any User or 3rd Party. You will not solicit any person into using Platform in a disturbing manner and will not use application to stalk or harass other Users. You may not use Platform in order to promote sex, escort or dating services.
- Personal Use, No Conveying of Rights - Your User Account is for your own personal use only. You may not transfer, sell, convey or otherwise grant any right of use in Your User Account without written permission from Company.
- Means of Conduct - You will use Platform and operate in a moral and legal way, any will not use Platform for any of the following: (i) Profanity, Obscenities, Sexual Context and Content, Pornographic display or conduct, initiate sexually oriented proposals to minors and/or Users which may be offended by such conduct (ii) Initiate requests with sexual orientation, including promotion of dating services and escort services. (iii) Slander or Defame any User or offend, threaten, insult, harass or disturb any User without their prior written consent. (iv) Promote illegal activity, including conspire and/or gang against other Users (v) initiate any activity involving games of luck, or gambling or promotional competitions involving prizes not affiliated with Company (vi) Publish Copyright, Trademark and Patent infringing materials (vii) Publish Personally identifiable information, either of Yourself or of Other Users (viii) initiate political, social, racial, religious or any other intolerant speech (ix) involve Pyramid Schemes and/or Chain mails (x) Provide links for any commercial and/or promotional business of third 3rd parties (xi) use of any obscene Username (xii) Any request for any other User's personal User Account Information (xiii) Initiate Scams (xiv) repetitive posting of messages (xv) injecting or posting any malicious computer code or binary or any torjan horse, cross site script and malware (xvi) any false description or appropriation as for your affiliation as Company's staff or representative (xvii) any unlawful material or material requiring governmental authorisation for transacting information. (xviii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted or requested (xix) Publish or transmit any Content that you do not have a right to publish or transmit under any law or under contractual or fiduciary relationships (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (xx) interfere with or disrupt the Platform or servers or networks connected to the Platform, or disobey any requirements, procedures, policies, or regulations of networks connected to the Platform; intentionally or unintentionally.
- Notification and Removal ? You will notify Company, immediately, should you encounter any Content or Conduct in violation of clause 2.3 and Company shall examine and inspect its adherence with these Terms of Service. You must understand, however, that this examination does not compel Company to remove any Content, nor will it create Liability on Company. Company shall, upon a legal subpoena, supply you with the details of any person posting Content or acting not in accordance with clause 2.3 which caused you damages. You agree not to hold Company liable for any damage and to only initiate legal proceedings for this cause and award. Any claim against Company for any liability arising from Users' violation of clause 2.3 is hereby.
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Radio Manager:
- Any Radio Manager shall download a plug-in for its Winamp or any other compatible Software or any other equivalent software supported by Company's Platform. The plug-in shall interface with Radio Manager's software and shall submit audio directly through Company's Shoutcast Server to unlimited number of Users via Platform and Website.
- Any Radio Manager shall receive a unique Stream ID (Hereinafter: Stream) which will be used in order to publish audio content via Platform.
- You may, at your sole discretion and responsibility, allow Djs to perform or publish content via your Stream. You shall bear all payments in regards to Copyrights, Royalties and/or other fees required to allow the use of Streams by 3rd Parties or Users.
- You, as well as other Users, may upload, share and publish your Content, including, but not only, audiovisual materials, audio recordings, texts and interpretation of texts, and other creative content (Hereinafter: Content) via Platform. In order to do so, You warrant that any content shared or Used by you on Platform or Application is owned by You in whole and that you have the full copyright for Content, including permission to allow redistribution of that content, including any derivative works for any means.
- Upon registration as a Radio Manager, You shall notify Company whether You have registered and paid all relevant royalties. Should you claim to pay all royalties, you shall be allowed to perform copyrighted material according to your arrangements with 3rd Parties regarding use of their copyright.
- We recommend to use CC-licensed music, CC offers free copyright licenses that anyone can use (without a lawyer) to mark their creative work with the freedoms they want it to carry. Several sites offer music published under Creative Commons flexible copyright licenses. for more info, you can visit http://creativecommons.org/legalmusicforvideos. Please check out the terms of each song license before you use/stream it.
- You may only use Platform and Stream via Company's website and shall not, by any manner, circumvent Platform's protection of stream.
- You hereby grant Users an irrevocable license to display and perform your Content via your stream according to clause 4 to this agreement.
- As a Radio Manager, you may be subjected to Private and/or Personanl Information of User and/or Listeners. You shall not disclose this information and/or use it for any cause other than utilising and optimising performance of your Stream and/or selling or advertisements over stream to third parties.
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Premium Radio Manager:
- Should you wish to register as a Premium Radio Manager, you shall provide Company, alongside any other information provided, your PayPal account or other credit card and payment meaninformation, including your full address and other information to be used according to Company's Privacy Policy.
- Any Premium Radio Manager shall download a plug-in for its Winamp or other compatible Software or any other equivalent software supported by Company's Platform. The plug-in shall interface with Radio Manager's software and shall submit audio directly through Company's Shoutcast Server to unlimited number of Users via Platform, Website or directly via Shoutcast according to the Premium package selected.
- Any Premium Radio Manager shall receive a unique Stream ID (Hereinafter: Stream) which will be used in order to publish audio content via Platform or Shoutcast.
- You may, at your sole discretion and responsibility, allow Djs to perform or publish content via your Stream. You shall bear all payments in regards to Copyrights, Royalties and/or other fees required to allow the use of Streams by 3rd Parties.
- You, as well as other Users, may upload, share and publish your Content, including, but not only, audiovisual materials, audio recordings, texts and interpretation of texts, and other creative content (Hereinafter: Content) via Platform. In order to do so, You warrant that any content shared or Used by you on Platform or Application is owned by You in whole and that you have the full copyright for Content, including permission to allow redistribution of that content, including any derivative works for any means.
- Upon registration as a Radio Manager, You shall notify Company whether You have registered and paid all relevant royalties. Should you claim to pay all royalties, you shall be allowed to perform copyrighted material according to your arrangements with 3rd Parties regarding use of their copyright.
- You shall not, by any manner, circumvent Platform's protection of Streams.
- You hereby grant Users an irrevocable license to display and perform your Content via your stream according to clause 4 to this agreement.
- Company may, from time to time, determine rates and plans for use of Platform (hereinafter: Rates) and shall notify You upon and change of rates. You shall adhere to Company's rates and may terminate your use of Platform should you disagree on Rates. You acknowledge that Rates do not cover royalties for 3rd parties and do not count as payment for use of Copyrighted material.
- As a Premium Radio Manager, you may be subjected to Private and/or Personanl Information of User and/or Listeners. You shall not disclose this information and/or use it for any cause other than utilising and optimising performance of your Stream and/or selling or advertisements over stream to third parties.
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DJ
- Any DJ shall download a plug-in for its Winamp or other compatible Software or any other equivalent software supported by Company's Platform. The plug-in shall interface with DJ's software and shall submit audio directly through Company's Shoutcast Server to unlimited number of Users via Platform and Website.
- Any DJ may, upon the request of any Radio Manager, including Premium Radio Managers, use Stream and or Platform to publish, transmit or otherwise convey information via Stream or Platform.
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Listener
- Any User, either Registered as a Listener and/or as any other Registered User and/or unregistered Users, shall be granted a right to listen to Streams via Company's Platform and/or Website. However, User may only listen to stream via browser on Company's website and shall not use any service or code to utilise Stream outside of it.
- You will not use any technological method, code, circumvention or machinery to block the display of 3rd Party advertisements via Company's Website.
- You understand that by using the Platform, you may be exposed to Content that is offensive, indecent, violates copyright, trademarks or patents or objectionable. Under no circumstances will Company be liable in any way for any Content.
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Listener may, upon his choice, use the following services offered by Company, all with accordance to these Terms and with special regards to clause 2.3 to these Terms. Please note that some of these uses may be subjected to prior filtering and/or screening by either Users, Listeners and/or administrators on behalf of Company:
- Publish Comments to any other Content on Platform or Website, should it be allowed and available;
- Blog and post notes on a specific dedicated webpage;
- Rate Other User Contents;
- Chat with Other Users;
- Upload photos to a Photo Gallery;
- You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Company or submitted to Company.
