User Agreement
Terms and Conditions
We reserve the right, in our sole discretion, to modify these Terms and any
Service fees, at any time, effective upon the date we post a new set of Terms on
the Service site. Your continued use of the Service constitutes your binding
acceptance of these Terms, including any changes or modifications that we may
make. If any part of these Terms or any future changes to these Terms are not
acceptable to you, you may cancel your Service by contacting us through our
support form. We also reserve the right, in our sole discretion, to restrict,
suspend or terminate your access to all or to any part of the Service at any
time for any reason without prior notice or liability. We may change, suspend or
discontinue all or any aspect of the Service at any time, including the
availability of any Service feature, database, or content, without prior notice
or liability. We reserve the right to remove any material that you submit to the
Service for any reason without prior notice to you and without liability to us.
Our goal is to ensure timely processing services; however, we do not guarantee
that your submission will be processed within the expected timeframe. We will
not have any liability to you as a result of service outages that are caused by
our maintenance on the servers or the technology that underlies the Service,
failures of our service providers (including telecommunications, hosting and
power providers) computer viruses, natural disasters or other destruction or
damage of our facilities, an act of God, war, civil disturbance or other cause
beyond our reasonable control.
Your content
By submitting material to the Service, you represent and warrant that: We shall
not be required to make any payments with respect to material that you submit to
our sites, including, but not limited to, payments to you, third parties, music
publishers, mechanical rights agents, performance rights societies, persons who
contributed to or appear in your materials, your licensors, unions or guilds;
You have full right and power to enter into and perform under these Terms, and
have secured all third-party consents, licenses and permissions necessary to
enter into and perform under these Terms, The material that you submit to our
sites does not contain "samples" of any third party's sound recording or musical
composition and will not infringe on any third party's copyright, patent,
trademark, trade secret or other proprietary rights, rights of publicity or
privacy or moral rights; The material that you submit is not and will not
violate any law, statute, ordinance or regulation; The material that you submit
is not and will not be defamatory, trade libelous, pornographic or obscene, and
You are at least eighteen years of age. By submitting sound recordings or
musical compositions or other audio and/or audio-visual content to us, you grant
us, royalty-free, nonexclusive license to:
- publicly display, broadcast, encode, transmit, distribute and synchronize with visual images
your material, in whole or in part, alone or in compilation with content
provided by third parties, through any medium now known or hereafter devised for
the purpose of demonstrating, promoting or distributing your material, to users
seeking to download or otherwise acquire it and/or (ii) storing the work in a
remote database accessible by users. We will not use your music for any
other purpose than to allow stations to download your music, and allow the
public to listen to your music;
- Make your material accessible as audio streams,
- Use any trademarks, service marks or trade names
incorporated into your material and use the likeness of any individual whose
performance or image is contained in your material.
- You retain ownership of your songs.
RADIO STATIONS ARE RESPONSIBLE FOR OBTAINING ARTIST INFORMATION, AND SONG
CREDITS, AND PAYING ALL AIRPLAY ROYALTIES.
Protect your password and subscription
You agree to provide true, accurate, current and complete information about
yourself as requested in the Service's registration process and to update your
information. You may not reveal your subscription password to anyone else and
you may not use anyone else's password. You are responsible for maintaining
the confidentiality of your subscription account and password. Unauthorized
access to the Service is a breach of these Terms and a violation of the law.
Third party sites and content
This Service contains links to other Internet sites that our business partners
and other third parties own or operate. Your use of each of those sites is
subject to the terms and conditions, if any, that each of those sites have
posted. We have no control over third party sites and we are not responsible
for any changes to or content on them. Our inclusion of any material in the
Service's search database or a link on our sites is not an endorsement of that
material or link or the companies that own or operate the material or linked
sites.
Your conduct on the Service
In addition to Radio Submit, certain material that you submit may, in our sole
discretion, also become available to certain partners around the world. If we
discover that you have manipulated the data or statistics for certain
materials, we reserve the right to remove the product from our site and any of
our Affiliates. The content on the Service is intended for your personal,
noncommercial use. All materials published on the Service, including, but not
limited to, photographs, graphics, images, illustrations, sound clips and
flash animation are protected by copyright. You may not modify, publish,
transmit, participate in the transfer or sale of, reproduce, create new works
from, distribute, perform display or in any way exploit any of the materials
or content or the service in whole or part. If the Service contains bulletin
board services, chat areas, news groups, forums, communities and/or message or
communication facilities (collectively, the "Forums"), you agree to use any
Forum only to send and receive messages and material that are proper and
related to that particular Forum. Without limiting the foregoing, you agree
that you will not (i) defame, abuse, harass, stalk, threaten or otherwise
violate the legal right of others; (ii) publish, post, upload, distribute or
disseminate any inappropriate, profane, defamatory, infringing, obscene,
indecent or unlawful topic, name, material or information; (iii) upload files
that contain viruses, corrupted files, or any other similar software or
programs that may damage the operation of another person's computer; (iv)
advertise or offer to sell any goods or services for any commercial purpose;
(v) conduct or forward surveys, contests, pyramid schemes or chain letters;
(vi) download any file posted by another user of a forum that you know or
reasonably should know, cannot be legally distributed in such matter, (vii)
falsify or delete any author attributions, legal or other proper notices or
proprietary designations or labels of the origin or source of software or
other material contained in a file that is uploaded; or (viii) restrict or
inhibit any other user from using and enjoying the forum. We reserve the right
to terminate your access to any or all of the forums at any time without
notice for any reason whatsoever. If, in our sole discretion, you choose a
username that is obscene, indecent, abusive or which might otherwise subject
our site to public disparagement or scorn, we reserve the right, without prior
notice to you, to automatically change your username, delete your posts from
the Forums, deny you access to the Forums, or any combination of these
options. If you continue to choose usernames that we find objectionable, we
reserve the right to permanently terminate your access to the Forums, the
Service or both. You will not use the Service for illegal purposes. Use of the
Service is subject to existing laws and legal process, and nothing contained
herein shall limit our right to comply with governmental, court and law
enforcement requests or requirements relating to your use of the Service or
information provided to or gathered by us with respect to such use.
Legal Policies and Notices
You hereby agree to indemnify, defend and hold the Service, and all of our
officers, directors, owners, agents, information providers, affiliates and
licensors (collectively, the "Parties") harmless from and against any and all
liability, losses, costs and expenses (including attorneys' fees) incurred by
any Party in connection with any claim arising out of (1) any use or alleged
use of your account or password by any person, whether or not authorized by
you, (2) any claim arising out of the material that you submit to the Service,
including, but not limited to, claims for defamation, violation of rights of
publicity and/or privacy, copyright infringement, trademark infringement and
any claim or liability relating to the content, quality, or performance of
materials that you submit to the Service. We reserve the right, at our own
expense, to assume the exclusive defense and control of any matter otherwise
subject to indemnification by you, and in such case, you agree to cooperate
with our defense of such claim. The listing, or absence of listing, of any
document in the Service's search database does not imply any warranty or
guarantee by us, for any companies, products, or services described in such
documents. We disclaim any and all responsibility or liability for the
accuracy, content, completeness, legality, reliability, or operability or
availability of information or material displayed in the Service's search
results. We disclaim any responsibility for the deletion, failure to store,
mis-delivery, or untimely delivery of any information or material. We disclaim
any responsibility for any harm resulting from downloading or accessing any
information or material on the World Wide Web or Internet using search results
from the Service. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR
ERROR-FREE. IN ADDITION, WE DO NOT MAKE ANY WARRANTY AS TO THE RESULTS TO BE
OBTAINED FROM USE OF THE SERVICE OR THE CONTENT. THE SERVICE AND THE CONTENT
ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. ANY MATERIAL DOWNLOADED OR
OTHERWISE OBTAINED THROUGH THE SERVICE IS DONE AT YOUR OWN DISCRETION AND
RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGES TO YOUR
COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH
MATERIAL. WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH
RESPECT TO THE SERVICE, ANY CONTENT OR ANY PRODUCTS OR SERVICES SOLD THROUGH
THE SERVICE. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO
THE QUALITY AND PERFORMANCE OF THE SERVICE AND THE ACCURACY OR COMPLETENESS OF
ITS CONTENT. WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE
THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WE RESERVE THE RIGHT TO TERMINATE THE SERVICE AT ANY TIME WITHOUT NOTICE. Any
controversy or claim arising out of or relating to these Terms or our sites
will be settled by binding arbitration in accordance with the commercial
arbitration rules of the American Arbitration Association. Any such
controversy or claim shall be arbitrated on an individual basis, and shall not
be consolidated in any arbitration with any claim or controversy of any other
party. The arbitration shall be conducted in San Marcos, Texas, and
judgment on the arbitration award may be entered in any court having
jurisdiction thereof. Either you or we may seek any interim or preliminary
relief from a court of competent jurisdiction in San Marcos, Texas
necessary to protect the rights or property of you or the Party (or its
agents, suppliers, and subcontractors) pending the completion of arbitration.
These Terms constitute the entire agreement between you and the Parties with
respect to the Service, and supersedes all previous written or oral
agreements. If any part of these Terms is determined to be invalid or
unenforceable pursuant to applicable law, then the invalid or unenforceable
provision will be deemed superseded by a valid, enforceable provision that
most closely matches the intent of the original provision and the remainder of
the Terms shall continue in effect. Some states do not allow exclusion of
implied warranties or limitation of liability for incidental or consequential
damages, so the above limitations or exclusions may not apply to you. In such
states, our liability and that of our third party content providers and their
respective agents shall be limited to the greatest extent permitted by law.