Terms of Service
By registering for Loudcaster Services, User agrees to be bound by the terms and conditions set forth within this Agreement.
- Price: Loudcaster charges a recurring monthly service fee relating to amounts owed or will be owed to ASCAP, BMI, SESAC and to Sound Exchange ("Licensors'") based on the User's webcasting activities under Loudcaster's master licenses with those organizations. The service fee may be based on, among other things: (a) a percentage of the revenues of the User and/or of Loudcaster if required by any Licensor; (b) a percentage of the expenses of the User and/or of Loudcaster if required by any Licensor; (c) aggregate tuning hours; (d) number of listeners; (e) number of plays, and/or; (d) other factors as may be determined by any Licensor or by Loudcaster over time (the "Service Fee").
Adjustment to Price: The Service Fee for the Loudcaster Services are provided on a per-month price based on a User questionnaire when the User signs on. This price may be amended over time, based on price increases to Loudcaster or otherwise, with or without notice. Loudcaster will be allowed to automatically collect information from third parties relating to the User's webcasting activities, monitor webcasting and collect routine logs of the User's webcasting activities relating to or comprising playlists and listeners.
If in any month the amount owed Licensors and/or Loudcaster exceeds the User's per month price by virtue of the User's webcasting activities the User will pay the difference within ten (10) calendar days of email notice by Loudcaster of the additional amounts owed. Loudcaster reserves the right to adjust the User's recurring Service Fee price (along with additional processing fees) with thirty (30) calendar days' email notice based on factors causing the User's payment obligations to Licensors and/or Loudcaster to exceed the per-month price set from time to time. Loudcaster Services do not include assuming the costs of taxes, fines, or levies, or for the cost of local or internet-related computer hardware or software to create or deliver webcasted broadcasts. Any such costs (or related or other costs additional to the scope of the specifically agreed-upon Loudcaster Services) shall be solely the responsibility of the User and the User shall pay Loudcaster for any such costs imposed on Loudcaster upon ten (10) calendar days email notice to the User.
- Web Radio Station Location: The User's stream URLs will only exist on a page provided for by Loudcaster, although the streamed media will not be stored and/or streamed through Loudcaster. Loudcaster reserves the right to discontinue this requirement (without adjustment to price) if and when Loudcaster is permitted to do so by the Licensors.
Content Guideline: User agrees not to post, upload or transmit to the servers of Loudcaster or to any third party server used for User's webcasting any sound recordings, communications, text, graphics or other information (collectively, "Material") that:
- is fraudulent, relates to hate-groups or other racist activities
- defames, abuses, harasses or threatens others
- contains any viruses, trojan horses, worms, time bombs, cancelbots, or other disabling devices or other harmful component intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information
- advocates or encourages any illegal activity
- spam or "mass" e-mail any user, visitor or member of Loudcaster
- infringes upon the copyright, patent, trademark, trade secret, publicity right or other intellectual property or proprietary right of any third party
- violates the privacy of individuals, including other users of the Site
- violates any applicable local, state, national, or international law (including, without limitation, the Digital Millennium Copyright Act (the "DMCA"), the United States Copyright Act, the Small Webcasters Settlement Act of 2002, and/or international copyright laws and treaties).
- User shall comply with all laws and regulations applicable to User's use of the Loudcaster Services, the User's radio site (the "Site"), and the Material. Loudcaster in its sole discretion shall determine the User's compliance with the foregoing guidelines and reserves the right to delete (and/or demand the deletion of) without prior notice any material that it deems to be non-complying or otherwise objectionable for any reason, and/or to discontinue services to the User (without adjustment to price) until adequate assurances are provided that the non-complying activities will cease.
Specific DMCA Requirements: The DMCA governs certain requirements and rules with which persons transmitting digital media must comply. Without limiting the applicability of all other laws, rules and contractual provisions that may govern the User's activities, the User agrees to comply with the following specific rules in connection with its webcasting activities:
- User may not include in User's broadcast activities ("Broadcast Programming") specific sound recordings within one (1) hour of a request by a listener or at a time specifically designated by the listener.
- In any three-hour period, User should not intentionally program more than three songs (and not more than two songs in a row) from the same recording; User should not intentionally program more than four songs (and not more than three songs in a row) from the same recording artist or anthology/box set.
- Continuous looped Broadcast Programming may not be less than three hours long.
Retransmission's of User's Broadcast Programming may be performed at scheduled times as follows:
- Broadcast Programs of less than one-hour shall not be broadcast more than three times in a two-week period
- Broadcast Programs longer than one hour shall not be broadcast more than four times in any two-week period
- User should not publish advance program guides or use other means to pre-announce when particular sound recordings will be played or the order in which they will be played.
- User should only include in User's Broadcast Programming sound recordings that are authorized for performance in the United States.
- User should pass through (and not disable or remove) identification or technological protection information included in the sound recording (if any).
- Links to Other Sites: Any third-party sites to which the User's Site may link are not under Loudcaster's control, and Loudcaster does not assume any responsibility or liability for any information, content, communications or materials available on such third-party sites. Absent express language to the contrary, Loudcaster does not intend links contained on the Site to be referrals to, or endorsements of, the linked third-party sites or the entities that operate them, and such links are provided for convenience only.
Disclaimer and Limitation of Liability: THE LOUD CITY SERVICES, INFORMATION, CONTENT, AUDIO TRANSMISSIONS OR OTHER DATA OF ANY KIND OR NATURE MADE AVAILABLE AT THE SITE (COLLECTIVELY, "Information") ARE PROVIDED "AS IS", AND ALL REPRESENTATIONS AND WARRANTIES, EITHER EXPRESS OR IMPLIED ARE DISCLAIMED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LOUDCASTER MAKES NO WARRANTY, REPRESENTATION OR GUARANTY AS TO THE CONTENT, SEQUENCE, ACCURACY, TIMELINESS OR COMPLETENESS OF THE SITE OR THE INFORMATION OR THAT THE INFORMATION MAY BE RELIED UPON FOR ANY REASON. LOUDCASTER MAKES NO WARRANTY, REPRESENTATION OR GUARANTY THAT USE OF THE SITE, THE SERVICES OR THE INFORMATION WILL BE UNINTERRUPTED, SECURE, VIRUS-FREE OR ERROR-FREE OR THAT ANY DEFECTS CAN BE CORRECTED. WITHOUT LIMITING THE FOREGOING PROVISIONS OF THIS SECTION 8, LOUDCASTER SHALL HAVE NO LIABILITY FOR:
- any loss or injury caused, in whole or in part, by its actions, omissions, or negligence, or for contingencies beyond its control, in procuring, compiling, or delivering the Information, the Site or the Services
- any errors, omissions, or inaccuracies in the Information regardless of how caused, or delays or interruptions in delivery of the Information
- any decision made or action taken or not taken in reliance upon the Information furnished hereunder
- any losses or damages whatsoever, whether in contract, tort or otherwise, from the use of, or reliance on, the Information, or from the use by User of the Internet generally
- any special or consequential damages that are directly or indirectly related to the use of, or the inability to use, the Services or the Site, even if Loudcaster has been advised of the possibility of such damages; or
- Notice of Threatened or Actual Claims: User will inform Loudcaster immediately upon receipt of notice from any third party alleging that the User Material or Site or any part of it: (i) infringes any third party copyright, trademark, trade secret or any publicity, privacy or patent right or other similar personal or proprietary rights; and/or (ii) is in breach of any of the terms of this Agreement.
Representations and Warranties: User represents and warrants that:
- all factual assertions that User has made and will make to Loudcaster are true and complete;
- Loudcaster's use of User's marks, and any updates and modifications of them, shall not violate or infringe any intellectual property rights or any publicity or privacy right;
- Loudcaster's reference or link or handling the User's Material or any part of it from Loudcaster or any other part of the service shall not breach any content standards requirements or codes promulgated by any relevant authority including all authorities to whom User and Loudcaster may be subject and also including the Internet Industry Association Code of Conduct;
- the User's Content will not contain or disclose processes or instructions which if implemented, might cause damage or injury to any person or property;
- the User's Content which if unsuitable for minors, will be marked or clearly identified by warnings that the User's Content is unsuitable in accordance with current industry standards, content requirements or codes of practice promulgated by the relevant authority;
- the User has authority or has obtained any and all necessary approvals or licenses (compulsory or otherwise) for the storage, use, transmission and retransmission of the User's Content or any part of it over the Internet (other than as provided for through Loudcaster's Services) and that such authority, approval or license, if any, is current and in full force and effect;
- no litigation is pending or threatened with respect to the User's Content or any part of it;
- all service or product claims made by User pursuant to or in connection with this Agreement shall be true and correct and fully substantiated in accordance with applicable government laws and regulations, and User shall not perform any act (or fail to perform any act) in violation of any government law, statute, or regulation;
- by its duly authorized representative, User has read and understood the content of this Agreement, and;
- Indemnification: User shall indemnify hold harmless and defend Loudcaster and the officers, directors, employees, partners, principals, agents and representatives of Loudcaster from, against and in respect of any and all demands, claims, actions, causes of action, liabilities, losses and expenses, including reasonable attorneys' fees arising out of or relating to any breach by User of any covenant, representation or warranty made by User in this Agreement, including without limitation, any claims that User's programming violates the intellectual property rights of any third parties.
- Limitation of Liability: Loudcaster's total liability to User under this Agreement (for any and all actual or threatened claims under any theory) is strictly limited to $100.00, or the amount of payments and fees actually issued to Loudcaster by User under this Agreement for the term in which the subject of the claim or demand applies, whichever is less. Without limiting the foregoing, Loudcaster shall not be liable for any damages or fees or charges to User for the miscalculation or under-calculation of any fees due to any of the Licensors even if resulting from the negligence or fault of Loudcaster.
- No Equitable Relief:In no event shall User be entitled to injunctive or other equitable relief based on any act or omission of Loudcaster, or any breach of this Agreement by Loudcaster.
- Entire Agreement: This Agreement constitutes the entire understanding of the parties with respect to the subject matter hereof. There are no understandings, agreements, conditions or representations, oral or written, express or implied, with reference to the subject matter hereof, that are not merged herein, expressly referenced herein, or superseded hereby.
- Independent Contractor: Nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise between User and Loudcaster. No employer-employee relationship, partnership or joint venture is created hereunder.
- Severability: The provisions of this Agreement are independent of each other and the invalidity of any provision or a portion thereof shall not affect the validity or enforceability of any other provision. In the event that any particular provision is found to be invalid or unenforceable, such provision shall be deemed to have been replaced with a valid and enforceable provision that approximates as closely as possible the intent of the parties as reflected in the original provision. If a court of competent jurisdiction finds any provision of this Agreement to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Parties, and the remainder of the Agreement shall continue in full force and effect.
- No Waiver: Any delay or failure on the part of Loudcaster to enforce any of its rights hereunder shall not be construed as a waiver of Loudcaster's right to strictly enforce this Agreement at any subsequent time.
- Survival and Assignment: The provisions containing the User's representations, warranties and payment and/or indemnification obligations shall survive any termination of this Agreement. User may not assign this Agreement without Loudcaster's prior written approval.
- Execution of Further Documents: The Parties each agree to take all actions and execute all documents as may be necessary or desirable to carry out or implement and give full effect to the provisions and intent hereof.
A new customer can request a full refund of the first month's purchase within the first 15 days of that purchase. A new customer is defined as one that has had no other active Loudcaster subscriptions within 90 days of the refund request.
Customers can cancel at anytime. Loudcaster does not issue partial refunds.