Broadcast America

start your own internet radio station

Terms of Service

Services

Broadcast America will provide Internet broadcasting and related services on behalf of the Broadcaster or Client, as described in the Terms of Service. The Broadcaster will supply the Content / Programming / Events to be broadcast on the Internet. Under the terms of this agreement, signing up and/or using streaming services from Broadcast America in any form declares that you have read, understand, and agree to the Terms & Conditions below. During the term of this Agreement (the “Agreement”), Broadcaster grants to Broadcast America the right to transmit or stream the Content / Programming / Events of the organization they represent on the Internet (“Webcasting”). Broadcast America reserves the right to change the Terms of Service as needed without notice. Broadcast America cannot be held liable for damages, of any kind whatsoever, resulting from the non-availability of the site.

General Terms

  1. You must provide a valid email address
  2. Broadcast America is not responsible for the content of any personal home page, nor do the opinions or ideas expressed in user-generated web pages necessarily reflect those of Broadcast America. The contents of user-generated web pages are not reviewed or censored in any way before they appear on Broadcast America
  3. You may not set up a "gateway" site on the Broadcast America server. A "gateway" site is one which serves only as an entrance to the actual site located on a non-Broadcast America server
  4. Your page should be in English
  5. Your page should be active - that is, it is either receiving 'hits' or is being updated/posted to. Sites that either receive no hits or are not updated over a period of 60 days will be considered 'inactive' and may be removed by Broadcast America to make room for other users
  6. You may not use your web space to provide material, or links to material, that is grossly offensive to the Web community. This includes:
    • Blatant expressions of bigotry, racism, hatred, or profanity
    • Promotion or display of instructional information supporting illegal activities this includes, but is not limited to, instructions for the building or use of weapons, propagation of "spam" email and/or computer viruses, or any material that infringes the intellectual property rights of third parties
    • Promotion of physical harm or injury against any group or individual
  7. You may not password protect any link provided on any of your pages located on the Broadcast America server
  8. Your Web Pages may not contain, nor contain links to, any of the following:
    • Child pornography, obscene material, bestiality and pictures that you don't have the right to publish.
    • Hate propaganda
    • Anything illegal including, but not limited to, illegal software, warez or hacked software, serial numbers, mail fraud, or pyramid schemes
    • Material insulting, or that could be considered defamatory or libelous, to other persons, institutions or companies
    • Material that exploits children
    • Material which attempts to collect personal information about users
    • Materials infringing the intellectual property rights of third parties (including, but not limited to, trademarks, domain names, personality rights, names of individuals, publicity rights, logos, graphics, designs, films, and music), those which allow the circumvention of revenue rightfully due to a manufacturer for the sale of a product or the disabling of installed copy protected devices, and all other forms of cracker utilities, are strictly forbidden
  9. You may not use your web space for 'data warehousing' that is, using our space as storage for large files which are only linked from other sites
  10. You may not use unsolicited email to promote your site
  11. Broadcast America reserves the right to block or delete any site due to inappropriate behavior by the webmaster towards Broadcast America, its staff or its users, which has been validated on public or private forums
  12. You may not copy or reproduce any page, image or other content without the express prior consent of the original copyright owner of that content
  13. By joining Broadcast America you automatically receive our Broadcast America E-News newsletter and occasional special promotions. You can unsubscribe from the newsletter by following the given instructions within the newsletter.
  14. By submitting a web page to Broadcast America or any other web page hosting service on The Broadcast America Network, you grant Broadcast America a royalty-free, nonexclusive, worldwide, unrestricted license to use, copy, transmit, publicly display, publicly perform, create compilations including, and distribute such web page, and any associated Content, for the limited purposes of publishing and promoting the user's web page in connection with the particular service with which the user has chosen to have the web page hosted and for publishing and promoting such web page elsewhere within the Broadcast America Network. Such license shall apply with respect to any form, media, or technology now known or later developed. This term will extend only for the duration of the user's membership with the particular Broadcast America service. In the event that such membership is terminated, Broadcast America will relinquish all rights to the user's Content following the duration of any applicable promotional activities ongoing at the time the membership is terminated.
  15. If you are 18 years of age or under you may not become a member of Broadcast America! The protection of children's online privacy is very important to The Broadcast America Network. For that reason, it is our policy not to collect or maintain information at our web sites from those we actually know are under 13 and no part of our web sites is structured to attract anyone under 13.

Advertising

Broadcaster or Client grants Broadcast America the right to place, replace, or insert Internet Advertising that Broadcast America procures in association with the delivery of the Internet Content / Programming / Event of the Broadcaster or Client to its audience.

Ownership of Content / Programming / Events and Intellectual Property Rights

  1. Broadcaster retains all right, title and interest in and to the Content / Programming / Events worldwide, including, but not limited to, ownership of all patents, copyrights, trademarks, service marks, and other intellectual property rights therein, but subject to any limitations that exist with respect to material (e.g., musical recordings) that are copyrighted by third parties or otherwise protected which is incorporated into the Content / Programming / Events.
  2. Broadcast America retains all right, title, and interest in and to all materials incorporated into the Broadcast America website and in and to the technology, software, and hardware used in connection with the delivery of services under this Agreement worldwide, including, but not limited to, ownership of all patents, copyrights, trademarks, service marks, and look and feel and other intellectual property rights therein, but subject to any limitations that exist with respect to material copyrighted or otherwise protected by third parties.
  3. Broadcast America and Broadcaster (which shall at times herein be referred to singularly as a “Party” or collectively as the “Parties”) hereby grant to the other a non-exclusive, limited license to use its patents, copyrights, trademarks, service marks, trade names, call signs, names, logos, or slogans only as necessary to fulfill the rights and obligations under this Agreement. Upon the expiration or termination of this Agreement, each Party shall cease using the patents, copyrights, trademarks, service marks, trade names, call signs, names, logos, or slogans owned or used by the other Party except (i) as the Parties may agree in writing, or (ii) to the extent permitted by applicable law. Neither Party shall take any action inconsistent with the other’s rights hereunder.

Term and Termination of Agreement

  1. Services are billed on a monthly subscription basis unless otherwise specified. Payment will be collected on a specific billing date each month. Failure to pay for services delivered may result in suspension of service.
  2. All obligations and requirements set forth in this Agreement that by their terms extend beyond the final day of performance under this Agreement shall survive the termination or expiration of this Agreement.
  3. Should collection activities be required due to non-payment of said services, Broadcaster shall agree to pay all expenses thereof, including reasonable attorney’s fees. Also the Broadcaster or Client agrees to consent to the jurisdiction of the courts of the State of New Jersey and agree that its laws shall govern our relationship.

Confidentiality

Each Party agrees that it will not disclose to any third party Information deemed Confidential by the other party except to the extent required by law or in connection with its regular business activities.

Digital Rights

Broadcaster warrants that it owns and/or has obtained the right to distribute and make available to Broadcast America for Webcasting the Content / Programming / Events, and further warrants that it has taken all necessary steps to ensure that it is in compliance with all applicable licensing requirements (e.g., SESAC, ASCAP, BMI, RIAA / SOUND EXCHANGE) or governmental (including federal, state, and local) laws, rules and regulations, and has paid or is current with all fees and expenses associated with such requirements, laws, rules and regulations.

Warranties; Representations; Indemnities

  1. Broadcaster agrees that Broadcast America shall bear no responsibility for the Content / Programming / Events, except to the extent Content / Programming / Events are altered by Broadcast America. Broadcaster or Client shall indemnify and hold Broadcast America harmless from any and all claims (including claims from governmental entities seeking to impose penal sanctions) relating to such use by the Broadcaster or Client.
  2. Except as specified in this agreement, neither party makes any warranty in connection with the subject matter of this agreement and hereby disclaims any and all implied warranties, including all implied warranties of merchantability and fitness for a particular purpose regarding such subject matter.
  3. Both Parties will indemnify, defend and hold harmless its affiliates, officers, directors, members, partners, employees, consultants and agents from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys’ fees) arising from: (i) its breach of any warranty, representation or covenant set forth in this Agreement; (ii) any claim that its conduct or the Content / Programming / Events infringes or violates any third party’s copyright, patent, trade secret, trademark, right of publicity or right of privacy or contains any defamatory content, or otherwise violates any third party’s other rights; (iii) any claim that its conduct or the Content / Programming / Events violates any state, federal or local law, regulation or statute; or (iv) any claim that its conduct or the Content / Programming / Events violates any foreign law, regulation or statute that either Party knew or reasonably should have known constituted such a violation.

Limitation Of Liability

In no event will either party be liable to the other for any special, incidental, consequential or punitive damages, whether based on breach of contract, tort (including negligence) or any other legal theory, whether or not that party has been advised of the possibility of such damage.

Assignment

Neither Party may assign this Agreement, in whole or in part, without the other Party’s written consent (which will not be unreasonably withheld), except that no such consent will be required in connection with a merger, reorganization or sale of all, or substantially all, of such Party’s assets; and in the event of any such transaction, the acquiring entity shall assume the rights and obligations set forth in this Agreement. Any attempt to assign this Agreement other than as permitted above will be null and void.

Miscellaneous Provisions

  1. This Agreement is the exclusive agreement between the Parties with respect to the subject matter hereof, superseding any prior agreements and communications (both written and oral) regarding such subject matter. It binds the Parties and their respective successors and assigns. This Agreement may only be modified, or any rights under it waived, by a written document executed by both Parties.
  2. Equitable Remedies; Dispute Resolution. In the event that disputes between the Parties arise from or concern the subject matter of this Agreement, the Parties shall arbitrate their dispute before the American Arbitration Association, unless the Parties agree to any other mutually acceptable arbitral facility; provided, however, with respect to any dispute arising from any breach of either Parties’ obligations concerning Confidential Information, trademarks, service marks, and/or trade names that would result in irreparable injury for which there is no adequate remedy at law, the aggrieved Party shall be entitled to seek equitable relief in addition to its other available legal remedies in a court of competent jurisdiction. For the purposes of this section only, the Parties consent to venue in either the state court of the county in which Broadcast America has its principal place of business or the United States District Court for the District of New Jersey.
  3. No Agency. The Parties are independent contractors and will have no power or authority to assume or create any obligation or responsibility on behalf of each other. This Agreement will not be construed to create or imply any partnership, agency or joint venture.
  4. Governing Law. This Agreement and the legal relations between the Parties will be governed by and construed in accordance with the laws of the State of New Jersey, without regard to the conflicts of law principles thereof.
  5. otices. All notices required to be given under this Agreement must be in writing and will be deemed to have been duly given when sent by fax (with written confirmation of receipt), provided a copy is also sent by first class mail, or when received by the addressee, if sent by a nationally recognized overnight delivery service, in each case to the appropriate addresses and fax number set forth above (or to such other address and fax number as a Party may designate by notice to the other Party).
  6. Severability. In the event that any of the provisions of this Agreement are held to be unenforceable by a court or arbitrator, the remaining portions of the Agreement will remain in full force and effect.

By becoming a Member, you agree to all the above terms.