Broadcaster Terms and Conditons
Radio.Zone welcomes you to submit your station/s for consideration. While most are accepted, we reserve the right to refuse anyone for any reason.
RADIO.ZONE’S TERMS FOR BROADCASTERS
Welcome to Radio.Zone. As a broadcaster, you accept that our directory terms of service for transmitting entities as set forth below shall be to distribute or broadcast your audio content through the proprietary online services and software applications that we offer.
When you sign up to provide your content to us by clicking on the accept box provided on the sign-up webpage, we will take that as your consent, a representation that you have read, understood, and fully agree to these provisions. You agree to keep your password confidential and will be responsible for all use of your account and password.
We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
For individuals entering into these terms on behalf of a company or any other legal entity, you fully represent and warrant that you have the license and authority to bind that company/entity to this agreement and that such company/entity will be bound by these terms. In such a case, every reference to “you” in these terms shall apply not to you as an individual but to the company/entity.
PART A – GENERAL TERMS
SCOPE OF AGREEMENT
You understand and accept that these terms shall govern your use of the Radio.Zone service to provide the distributions and/or transmissions of your feed content (which without limitation includes your feed, any musical or sound recording or works plus all their embodied content) to our end users (alternatively called audience of listeners).
You also understand and accept that this audience of listeners may be as wide as the entire world or as small as particular territories as restricted by you.
By entering into this agreement, you accept that your feed may form part of Radio.Zone’s directory of radio stations, podcasts as well as all other online content (collectively called the “Directory”), for users throughout the world or as limited to certain jurisdictions as determined by you, Radio.Zone or by the law.
We reserve the right, but not the obligation, to:
Monitor the Site for violations of these Terms and Conditions;
Take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms and Conditions, including without limitation, reporting such user to law enforcement authorities;
In our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
In our sole discretion and without limitation, notice, or liability, to remove from the website or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and
Otherwise, manage the website in a manner designed to protect our rights and property and to facilitate the proper functioning of the website.
LICENSE TO SERVICE
Subject to these terms and conditions, Radio.Zone hereby grants you a limited, non-exclusive, revocable, license to access and use Radio.Zone website and use the service to provide your feed to end users.
As part of the conditions for using Radio.Zone, you agree to fully comply with all relevant laws, rules, and regulations, and represent that you will not engage in the copy, modification, translation, or creation of derivative works of our Service or Directory.
You represent that you will not reverse engineer, disassemble, decompile, or otherwise endeavor to discover or recreate any algorithms, source code, underlying ideas, or underlying user interface techniques as per the Service or the Directory.
You may not in any way lend, lease, sell, or otherwise use the Radio.Zone Service or Directory for your profit or the profit of third parties.
You are barred from circumventing or attempting to circumvent any license or trying to break restrictions built into the Service or the Directory by us for security reasons.
OWNERSHIP OF WEBSITE CONTENT AND SUBMISSIONS
Except Radio.Zone specifically states so to the contrary, you understand that all materials, including pictures, video clips, graphics, icons designs, written materials, and all other materials found on this website are copyrighted, controlled, trademarked, or licensed by Radio.Zone or by third parties who have so licensed the materials to us. All of these materials are protected by the United States and other international copyright laws.
You are only allowed to use our website and its content for personal and non-commercial use and agree that the license granted by these terms is not a sale and does not in any way transfer to you the title or ownership of the service, but only a right of limited use.
USER CONTENT (MARKS)
You agree that we will regard and thus treat any slogans, logos, trademarks, and/or service marks transmitted by users to the Radio.Zone website (either by e-mail or through other means), including but not limited to any comments, information, questions, and suggestions as non-confidential and non-proprietary. You hereby grant Radio.Zone the right to use anything content/marks posted or transmitted by you for any purpose, which may include but is not limited to the reproduction, broadcast, posting, disclosure, transmission, and publication.
All user content (marks) that you provide will remain your property, but you grant Radio.Zone (by making available such content/marks) an irrevocable, royalty-free license, international, continuous, transferable, with the rights to sub-license, modify, publicly perform, duplicate, make derivative works of, distribute, openly show, and to use such content/marks in any manner that we deem fit without additional notice to you, permission from you, or compensation to you.
You hereby represent that any content/marks that you post or otherwise submit to the website are yours and/or that you have the right to grant us these rights. You also represent that any content/marks you forward to the website is not in misappropriation, violation, or infringement of the rights of any third party, including without limitation trademarks, copyrights, and/or other intellectual property rights, the rights of publicity, as well as privacy rights.
Use of unauthorized trademarks, copyrights, and any other intellectual property rights will attract immediate revocation of license to use our website upon receivership of a complaint from an aggrieved party/parties.
Radio.Zone may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal/company/business information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and authorize us, Radio. Zone and other users of the Site are to use your Contributions in any manner contemplated by the Site and these terms.
You have the written consent, release, and/or permission of every identifiable person in your Contributions to use the name or likeness of every such identifiable person to enable inclusion and use of your Contributions in any manner contemplated by Radio. Zone and these terms.
Your Contributions are not false, inaccurate, or misleading.
Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person or to promote violence against a specific person or class of people.
Your Contributions do not violate any applicable law, regulation, or rule.
Your Contributions do not violate the privacy or publicity rights of any third party.
Your Contributions do not violate any applicable law concerning child pornography or otherwise intended to protect the health or well-being of minors.
Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
Your Contributions do not otherwise violate or link to material that violates, any provision of these terms, or any applicable law or regulation.
Any use of the Site in violation of the foregoing violates these terms and may result in, among other things, termination or suspension of your rights to use the website.
NO GUARANTEE OF INCLUSION
You understand that we have full rights, using our discretion only to exclude, remove or block access to your feed, feed content, and/or user content/marks from the service and directory at any time, with or without any reason, and without the requirement of notifying you.
ADVERTISMENT AND MARKETING
You hereby authorize Radio.Zone to sell advertising, promotions, and/or sponsorships, whether directly or via third parties, and agree that these ads may be displayed or performed at any time including before, during, or after the transmissions of feed content on or through your feed.
You understand and accept that Radio.Zone will not be obligated to share any portion of ad revenue generated by us with you.
Notwithstanding the foregoing, you accept that we are not in any way obligated to display or perform advertising, promotions, or sponsorships during or after any transmissions of feed content on your feed.
Radio.Zone may occasionally, using its discretion, change, add or delete features and functionality to the service without any notice to broadcasters and liability to you.
If the changes are immaterial, we reserve the right to amend and modify these terms using only our discretion at any time whatsoever and without notice to you other than the posting of the modified terms on this page. Radio.Zone will however try to provide prior notice to you of material changes to the terms.
You accept that any revised term will be immediately effective upon posting and your continued use of the Service in such a situation shall be taken as your binding acceptance of such modified terms.
PART B – REPRESENTATIONS AND WARRANTIES
You make these warranties and representations to Radio.Zone in good faith:
That you have the legal capacity and you agree to comply with these terms;
That you are not a minor in the jurisdiction in which you reside;
That you will not access the website through automated or non-human means, whether through a bot, script, or otherwise;
That you are the owner and proprietor of all feed content transmitted or distributed on or through your feed or that such feed content has been licensed by or for you;
That your feed content/marks do not impinge upon or violate the intellectual property rights, moral rights or the rights of publicity, or the privacy of any third party in every jurisdiction from which transmissions of your feed are available;
That your feed content/marks do not in any way violate any relevant law or regulation;
That you have all the permissions, licenses, and rights required for you to perform, communicate to the public, transmit, distribute, reproduce, and otherwise use your user content in every jurisdiction from which transmissions or distributions of your feed are available;
That you have the power and authority to grant all necessary rights and license provided under this agreement as per your marks;
That no other licenses, consents, or authorizations must be gotten from or any payment made to any other entity by Radio.Zone arising out of Radio.Zone’s exercise of any rights under these terms concerning your feed content; and
That you understand that we are not required to take any steps to restrict access to distributions or transmissions that you make on your feed in any jurisdiction throughout the world.
PART C – TERM AND TERMINATION
Until terminated by either party, these terms shall remain in effect. You may terminate this agreement by notifying Radio.Zone at our physical address or through email, while we may terminate this agreement at any time for any reason upon notice to you.
EFFECT OF TERMINATION
After the expiration or termination of this agreement, all licenses granted under these terms and conditions will immediately cease, and Radio.Zone will remove your marks from the service. You however understand that despite the termination of these terms, Radio.Zone may maintain your feed in the directory to direct an end user to your feed website or podcast.
Despite the expiration or termination of this broadcasting agreement, all provisions and conditions which by their very nature are intended to survive any such expiration/termination shall so survive.
PART D – DISCLAIMERS AND LIMITATION OF LIABILITY
You understand that the use of this service is at your sole risk.
We make this service available as is and as available and make no representations as to the satisfactory quality, performance, accuracy, and effort of the service. We hereby disclaim all warranties and conditions as per the service, whether this is express, implied, or statutory, including without restriction the implied warranties of satisfactory quality, merchantability, title, accuracy, fitness for a particular purpose, and non-infringement of third-party rights.
We give no assurances that the service will meet your requirements, or that it will make your feed accessible on an uninterrupted or error-free basis.
We do not make any representations as per the accuracy or reliability of any information that you may get through the service, or that any errors in the service will be corrected. We do not represent that the service will be compatible with your hardware or service, or that the service is error or virus free.
LIMITATION OF LIABILITY
We will not bear responsibility to you for any indirect, punitive, special, consequential, or incidental damages in any action or inaction connected to this agreement, whether this is based on contract, tort, intended conduct, or otherwise, including but not limited to the loss of profits, loss of income or loss of goodwill, irrespective of whether we have been advised of the likelihood of such damages.
Except for indemnification obligations, our liability to you for monetary damages under this agreement shall not exceed one hundred dollars ($100).
PART D – OTHER IMPORTANT TERMS
You accept that we will under no circumstances be a party to any dispute between you and any third party as it relates to your use of the service, including but not limited to any end user or third party who owns or controls intellectual property, whether partially or fully, transmitted or distributed on your feed. Such a dispute shall be directly between you and such a third party, and you hereby release Radio.Zone as well as its managers, directors, agents, joint ventures, subsidiaries, and workers from all claims, losses, and damages (whether actual and consequential) of every kind and nature, whether yet known and unknown, connected with such disputes.
You hereby accept to indemnify and hold Radio.Zone harmless and innocent against any action, claim, or lawsuit made or brought against Radio.Zone in connection to your breach of any term, representation, or warranty of this agreement or the availability or use of your feed and/or content in the directory or made available through the service.
Radio.Zone will exercise reasonable efforts to inform you of any such claim, action, or proceeding for which it requires an indemnification from you immediately after it is brought to our notice. In the case however that Radio.Zone is not able to communicate with you promptly because you have provided us with an inactive e-mail address, your indemnification obligation will continue despite Radio.Zone’s inability to contact you promptly.
You accept that Radio.Zone will have full control over any defense against any claim and that you are obligated to indemnify Radio.Zone for such a defense. You will always have the option to take part in any matter or litigation, including without limitation participation through counsel of your selection at your own expense if you so desire.
We will maintain certain data that you transmit to the Radio.Zone website to manage the performance of the Site, as well as data relating to your use of the Site. Although we perform routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site.
You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
You understand and accept that these terms are construed under United States federal law and Florida state law.
Your use of the Radio.Zone service may also be subjected to other international, national, state, or local laws. To the scope that any action relating to any dispute hereunder is allowed to be brought in a court of law, such an action will be subjected to the exclusive jurisdiction of the state and federal courts located in Bradenton, Florida and you hereby fully agree to submit yourself to personal jurisdiction in such courts.
You may not in any situation waive any defense of an inconvenient forum.
PART E – DISPUTE RESOLUTION AND ARBITRATION
You understand and accept that all disputes between you and Radio.Zone shall be resolved by binding arbitration most expediently and cost-effectively.
You understand that arbitration is less formal than a lawsuit, using a neutral arbitrator rather than a judge or jury, allowing for more limited discovery than in court, and subject to very limited review by courts.
You accept that arbitrators can award the same relief that a court can award.
By entering into this agreement, you accept that you are agreeing to waive the rights to participate in a class action against Radio.Zone, as well as your right to a trial by a jury.
This agreement is subject to and governed by the Federal Arbitration Act of the United States.
Notwithstanding the above, nothing in these arbitration terms will be deemed to preclude, waive, or otherwise restrict the right of either party to bring an individual action against the other in small claims court; to seek an enforcement action through the relevant federal, state or local agency if such an action is available; to request injunctive relief as per arbitration from a court of competent jurisdiction; and/or to file suit in a court of law to address a claim of intellectual property infringement.
The American Arbitration Association (“AAA”) shall be the administrator of any arbitration between you and Radio.Zone. Any arbitration shall be so governed by the Federal Arbitration Act as well as the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer-Related Disputes of the AAA.
You can view the AAA Rules and filing forms online at www.adr.org, or by calling the AAA at 1-800-778-7879. You can also contact Radio.Zone to view the rules and filing forms.
The arbitrator has the exclusive authority to settle any dispute as per the interpretation, application, or enforceability of this arbitration agreement.
If either party intends to seek arbitration against the other, such a party must first send a written notice to the other party by mail or to the last known email address of the other party.
Radio.Zone’s address for Notice is
6224 7th Ave West
Bradenton, FL 34209
Any notice must describe the basis and nature of the claim or dispute and must specify the relief sought. Both parties must make good faith efforts to directly resolve such a claim, but either party may commence an arbitration proceeding if the parties do not reach an agreement to do so within 30 days after the notice is served and received.
No party may disclose any settlement offer made to the arbitrator until the arbitrator has made a final decision and award. In this case, if the dispute is finally resolved in your favor through arbitration with a monetary award exceeding the last written settlement amount offered by Radio.Zone before the arbitration process, Radio.Zone will either pay you the amount awarded by the arbitrator, the last written settlement amount offered by Radio.Zone in a settlement before the arbitrator’s award; or (please insert amount). For the avoidance of doubt and despite any term in this agreement to the contrary, the arbitrator has the authority to award injunctive relief as a remedy in any arbitration.
Radio.Zone will reimburse you for your payment of the filing fee if you initiate arbitration under this EULA unless your claim exceeds $5,000 in which case the AAA rules will decide the payment of any fees.
While any arbitration hearing will hold at a mutually agreed upon location in Bradenton, Florida, if the claim is for less than $5,000, you have the choice of whether the arbitration will be conducted exclusively based on documents submitted by both parties to the arbitrator; through the telephone; or through an in-person hearing.
If the arbitrator discovers that the substance of your claim or the relief being sought in the Demand is unreasonable or brought for an unacceptable reason, the payment of all fees involved will be governed by the AAA Rules. In such a circumstance, you must reimburse Radio.Zone for all relief previously disbursed by us that is found to be your responsibility to pay under the AAA Rules.
Irrespective of how the arbitration is conducted, the arbitrator must provide both parties with a reasoned written decision that explains the basic findings and conclusions on which any decision and award are based. Each party accepts that such written decision, as well as the information, exchanged during arbitration, will be deemed and treated as confidential except to the degree that is necessary to enforce or permit a restricted judicial review of the award.
The arbitrator has the authority to make rulings and to resolve disputes as per the payment and reimbursement of fees or costs whether during the proceeding or upon request from either party. Such a request must be made within fourteen (14) days of the arbitrator’s ruling on the merits.
NO CLASS ACTIONS
You and Radio.Zone agree that each party may only bring claims against the other party in an individual capacity. Neither of the parties shall participate as a plaintiff or class member in any supposed class or representative proceeding.
Further, unless both you and Radio.Zone otherwise agree, the arbitrator may not in any circumstance consolidate more than one person’s claims. An arbitrator may not otherwise arbitrate any form of representative or class proceeding.
MODIFICATIONS TO THIS ARBITRATION PROVISION
Except as otherwise allowed by these terms, Radio.Zone may not make any future change to this arbitration provision, except for a change to Radio.Zone’s address for notice. Should we do so, you may reject the change by sending us written notice within 30 days of the change to Radio.Zone’s address for notice.
PART F – MISCELLANEOUS
You accept that the relationship between both parties shall be that of independent contractors and that these terms do not confer upon any one of us a partnership, agency, or joint venture affiliation. You may therefore not represent yourself as a legal representative or agent or employee of Radio.Zone for any purpose whatsoever.
You also accept that you have no right to create or presume any obligation of any type, whether express or implied, for or on behalf of Radio.Zone in any way whatsoever.
You may not, whether directly or indirectly, assign this agreement or any rights or duties hereunder, by operation of law or otherwise, to any third party/legal entity without the prior written consent of Radio.Zone. However, Radio.Zone may at any time and for any reason assign these terms. Subject to the foregoing, the conditions of this agreement will inure to the benefit of and remain binding upon the parties and their successors as well as permitted assigns.
If any condition of these terms is upheld by a court of competent jurisdiction in Florida to be contrary to law, both parties agree that that particular condition will be struck while the remaining provisions of the terms will remain in full force and effect.
MODIFICATION AND WAIVER
No modification or waiver of these terms will be considered valid except if it is made in writing and signed by the two parties.
You also accept that the waiver of a breach of any term will in no way be interpreted as a waiver of any other term or breach hereof.
The headings and captions in these terms are intentioned only for convenience, and shall under no circumstance be construed to define, restrict or describe the scope or intention of these terms, or any provision of the terms, and shall in no way have any effect upon the interpretation of these terms.
You hereby permit Radio.Zone to communicate with you through email regarding the service or these terms.
You hereby explicitly waive any legal decision or rule of law that would require the interpretation of ambiguities in this agreement against Radio.Zone as the drafting party of these terms.
You accept that these terms are particular to the making transmissions of your feed accessible to end users of the service.
You are also bound by Radio.Zone’s Copyright Policy and terms and conditions when you access and use Radio.Zone’s Service for any other purpose.
These terms form the entire agreement between Radio.Zone and you and shall supersede any previous communications, whether express or implied, written or oral.