Nullsoft SHOUTcast Radio Terms / Disclaimer / Contact Us
SHOUTcast Radio™ Terms of Service
Welcome to SHOUTcast™ Radio! You may use SHOUTcast Radio's Web sites, applications, software, widgets updates and services of SHOUTcast Radio.com and its affiliated sites (collectively, "SHOUTcast Radio") on the condition that agree to the following terms.
If you do not agree, you may not use SHOUTcast Radio.
1. About these Terms.
SHOUTcast Radio is provided by Nullsoft, Inc., and its affiliates, successors, parents (including AOL Inc.), subsidiaries, assigns and licensee, who provide SHOUTcast Radio(collectively, "we" or "us"). You understand and agree that as SHOUTcast Radio evolves, we may in our sole discretion change or update these Terms at any time. You can review the most current version of these terms by clicking on the "Terms of Service" hypertext link located at the bottom of our homepage at http://www.shoutcast.com. Your ongoing use of SHOUTcast Radio after we post or notify you about changes to the Terms signifies your acceptance of the new terms. If you do not agree to the changes, your sole recourse is to stop using SHOUTcast Radio.
2. About the SHOUTcast Radio.
a.SHOUTcast Radio is intended for general audiences and for personal and information use only. We may add, change or discontinue any aspect of SHOUTcast Radio at any time, in our sole discretion and without notice to you. We may offer certain applications, services or features for a fee, which will be subject to separate payment terms that will be binding on you.
b.SHOUTcast Radio is controlled and operated within the United States. Although SHOUTcast Radio is accessible from outside of the United States, you understand and agree that SHOUTcast Radio (i) is not designed or customized for distribution for any specific country or jurisdiction (“Territory”), (b) is not intended for distribution to, or use by, any person or entity in any Territory where such distribution or use would be contrary to local law or regulation, (c) may not be appropriate or available for access or use in any particular Territory, and (d) is provided without any Content filtering or rating mechanism. We have no obligation to assure that SHOUTcast Radio complies with applicable local laws and regulations within the Territories in which you elect to use SHOUTcast Radio. Your use of SHOUTcast Radio within any specific Territory is entirely at Your own risk. You are solely responsible for complying with any local laws in which you access or use SHOUTcast Radio.
a. SHOUTcast Radio offers information, directories and search functionality to enable users to access, view and listen to content such as music ("Content") and provides links to other sites and third party providers of music, Internet music stations and other content ("Content Providers"). As a directory and search service, SHOUTcast Radio does not host and is not responsible for the Content accessed through its directory or search functionality. Such Content is hosted and served by the Content Providers. The Content Providers are solely responsible for their Content offered through SHOUTcast Radio, including without limitation, obtaining all rights, licenses and royalties pertaining to their Content.
b. You understand that SHOUTcast Radio does not pre-screen Content and you agree that SHOUTcast Radio has no obligation to pre-screen Content, although SHOUTcast Radio reserves the right to do so in its sole discretion. Some Content may contain materials that are objectionable, unlawful, or inaccurate. SHOUTcast Radio’s offerings of directories, search results, links and/or access to Content does not mean that we endorse the Content or the Content Providers. You acknowledge and agree that we are not responsible or liable to you for any Content or other materials hosted and served from these third party Content Providers.
Registration is not required; however, you will need to register with us and obtain a user ID if you want to use certain interactive features on SHOUTcast Radio. If you register, you must provide accurate identification, contact, and other information required as part of the registration process. You agree to keep your information current. You may not create any script or other automated tool that attempts to create multiple developer accounts. We may in our sole discretion reject any registration for any reason. By signing up with SHOUTcast Radio, you represent and warrant that your information is accurate. Our affiliates may give you the ability to use your SHOUTcast Radio user ID to access other affiliate services. Your use of services provided by our affiliates may be subject to additional terms, conditions and privacy policies, which will apply to you if you elect to use those services.
5. Additional Terms.
Certain SHOUTcast Radio features may be subject to supplemental usage rules, guidelines and terms, which you will have an opportunity to review and which will be binding on you if you elect to use those features.
6. Electronic Delivery Policy and Your Consent.
You acknowledge that you are agreeing to these terms online and electronically and that these Terms have the same effective as an agreement on paper. You authorize us to provide you with required notices, agreements and information concerning the SHOUTcast Radio electronically. Your affirmative act of submitting and clicking to register for SHOUTcast Radio constitutes your electronic signature to these Terms. We will provide you our notices either by sending them to the e-mail address that you give to us or by posting the notices on the home page of the SHOUTcast Radio or on the relevant web page of the applicable service. If you want to withdraw your consent to receive notices electronically, your only recourse is to discontinue your use of the SHOUTcast Radio.
You must provide at your own expense the equipment and Internet connections that you will need to access and use the SHOUTcast Radio, whether you access SHOUTcast Radio through broadband, wifi, wireless or other type of connection. If you access the SHOUTcast Radio through a telephone line, please call your local phone company to determine if the access numbers you select are subject to long distance or other toll charges at your location. Also, wireless, data or text messaging charges apply if you access the SHOUTcast Radio through wireless applications (e.g., cell phones). Check with your carrier to verify whether there are any such fees that may apply to you.
9. Your Responsibilities.
You may use SHOUTcast Radio for lawful purposes only. You are responsible for all activities under your account, including all legal liability incurred from the use of your account by you or others.
You agree that you will not access or use SHOUTcast Radio or its Content, or otherwise engage in any conduct that:
violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity or other proprietary rights is unlawful;
uses technology or other means to access SHOUTcast Radio or Content that is not authorized by us;
uses any automated system, including without limitation, "robots," "spiders," or "offline readers," to access SHOUTcast Radio or Content;
attempts to introduce viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
attempts to gain unauthorized access to our computer network or user accounts;
encourages conduct that would constitute a criminal offense, or that gives rise to civil liability; offers, promotes or encourages betting or wagering prohibited by law;
violates these Terms, guidelines or any policy posted on SHOUTcast Radio;
attempts to damage, disable, overburden, or impair our servers or networks; or
interferes with any other party's use and enjoyment of SHOUTcast Radio.
You agree that we may take any legal and technical remedies to enforce these Terms, including without limitation, immediate termination of your account or access to SHOUTcast Radio if we believe in our discretion that you are violating these Terms.
11. No Spam.
You may not use SHOUTcast Radio or any of our communication tools to transmit, directly or indirectly, any unsolicited bulk communications (including e-mails and instant messages). You may not harvest information about our users for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications. You may not induce or allow others to use SHOUTcast Radio to violate the terms of this section. We may terminate your access or use of SHOUTcast Radio immediately and take any other legal action if you, or anyone using your access to SHOUTcast Radio, violates these provisions. We may take any technical remedies to prevent unsolicited bulk communications from entering, utilizing, or remaining within our computer or communications networks.
12. Proprietary Rights.
We, our suppliers, and our users who lawfully post Content on the SHOUTcast Radio own the property rights to that Content. Further, your agree that SHOUTcast Radio, its application, software and database information, and those techniques, algorithms, and processes contained therein which have been developed, acquired, or licensed by us are proprietary to Nullsoft, Inc. and our affiliates.
SHOUTcast Radio and the Content is protected by international treaties, and by copyright, trademark, patent, and trade secret laws and other proprietary rights and also may have security components that protect digital information. You agree that you will not violate these rights and access and use SHOUTcast Radio and the Content only as authorized by the owners of these rights.
13. License To Use the SHOUTcast Radio.
We grant you a personal, non-exclusive, non-transferable, limited and revocable license to use SHOUTcast Radio subject to these Terms. You may not use SHOUTcast Radio in a manner that exceeds the rights granted for your use of SHOUTcast Radio and its Content. Without limitation of the foregoing, you may not frame any portion of SHOUTcast Radio or Content, or reproduce, record, reprint, copy, store, publicly display, broadcast, transmit, modify, translate, port, publish, sublicense, assign, transfer, sell, loan, make derivative works or otherwise distribute the Content without our prior written consent. You may not circumvent any mechanisms for preventing the unauthorized reproduction or distribution of the Content or SHOUTcast Radio’s applications, software or services. Your license terminates immediately upon cancellation or termination of your account or if we believe you are in violation of these Terms.
14. Content You Post To Public Areas.
Certain areas of SHOUTcast Radio may allow you to post Content (such as comments) that can be accessed and viewed by others, including the public in general. You may only post Content to public areas on SHOUTcast Radio that you created or that you have permission to post. You many not publicly post defamatory Content or someone else’s image or personal information without the express authorization of that person. You may not post Content that violates these Terms. We do not claim ownership of any Content that you may post. However, by submitting Content to public areas of SHOUTcast Radio, you grant us, our parent, affiliates, and distributors the right to use, copy, display, perform, distribute, adapt and promote this Content in any medium. You agree that we have no duty to pre-screen Content, but we have the right to refuse to post or to edit submitted Content. We reserve the right to remove Content for any reason, but we are not responsible for any failure or delay in removing such material.
15. Procedure For Making Claims Of Copyright Infringement.
If you believe that your copyrighted work has been copied and is accessible on the Nullsoft, Winamp or SHOUTcast Radio websites in a way that constitutes copyright infringement, you may notify Nullsoft by providing our copyright agent the following information:
1. an electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf.
2. a description of the copyrighted work that you claim has been infringed and a description of the infringing activity.
3. identification of the location where the original or an authorized copy of the copyrighted work exists, for example the URL (i.e., web page address) where it is posted or the name of the book in which it has been published.
4. identification of the URL or other specific location on the SHOUTcast Radio site where the material that you claim is infringing is located, including enough information to allow us to locate the material.
5. your name, address, telephone number, and email address.
6. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
7. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Nullsoft's agent for notice of claims of copyright infringement on this site can be reached as follows:
Via WWW: http://legal.aol.com/copyright-reporting/
By mail: Regina O'Brien Thomas
Assistant General Counsel
22000 AOL Way
Dulles, VA 20166
By fax: (703) 466-9170
You agree that the SHOUTcast Radio may be supported by advertising. Any dealings that you have with advertisers found on the SHOUTcast Radio are between you and the advertiser and you acknowledge and agree that we are not liable for any loss or claim you may have against an advertiser.
17. Use Of Software.
We may make software available for you to download or use. Such software will be subject to the terms of the license agreement that accompanies it. If there is no license agreement presented to you with the software, then the following license, in addition to the other provisions of these Terms, govern your use of such software. We grant you a personal, non-exclusive, non-transferable, limited license to install the software on any single computer or authorized device. The software is protected by copyright and other intellectual property laws and treaties and is owned by us or our suppliers. You may not sell or redistribute the software. You may not incorporate it or any portion of it into another product. You may not reverse engineer, decompile, or disassemble the software or otherwise attempt to derive the source code (except where expressly permitted by law). You may not modify, adapt, or create derivative works from the software in any way or remove proprietary notices in the software. You agree to abide by all laws and regulations in effect regarding your use of the software. You may not authorize or assist any third party to do any of the things prohibited in this paragraph.
We may automatically check your version of the software and update it to improve its performance and capabilities. If you shut down the software during an automatic update or otherwise interfere with the installation of the update, the software may be damaged and/or cease to operate.
The software is a "commercial item," as that term is defined in 48 C.F.R. 2.101, consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 27.405(b)(2) (June 1998) and 48 C.F.R. 227.7202, all U.S. Government end users acquire the software with only those rights as set forth herein.
18. Export laws.
You agree to fully comply with all import and export laws, regulations, rules and orders of the United States, or any foreign government agency or authority, and that you will not directly or indirectly export, re-export, transfer and/or release the software, related technology, or any product thereof, for any proscribed end-use, or to any proscribed country, entity or person (wherever located), without proper authorization from the U.S. and/or foreign government. You are responsible for and assume all expenses relating to your compliance with the described laws, regulations, rules and orders, and for obtaining all necessary authorizations and clearances. You further agree to assume responsibility for and bear all expenses relating to your compliance with the described laws, regulations, rules and orders, and obtaining all necessary authorizations and clearances.
WE PROVIDE SHOUTCAST RADIO "AS IS" AND WITH ALL FAULTS. YOU ARE USING SHOUTCAST RADIO AT YOUR OWN RISK. WE, OUR LICENSORS AND DISTRIBUTORS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES THAT SHOUTCAST RADIO IS FREE OF DEFECTS AND ABLE TO OPERATE ON AN UNINTERRUPTED BASIS OR THAT IT WILL MEET YOUR REQUIREMENTS. WE DISCLAIM THE IMPLIED WARRANTIES THAT SHOUTCAST RADIO IS MERCHANTABLE, OF SATISFACTORY QUALITY, RELIABLE, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING, UNLESS SUCH IMPLIED WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. YOU HEREBY ACKNOWLEDGE A) CONTENT PROVIDERS AND NOT US ARE RESPONSIBLE FOR OBTAINING ALL NECESSARY RIGHTS, PERMISSIONS, LICENSES, APPLICABLE TAXES, CERTIFICATIONS AND CLEARANCES FOR THE STATIONS AND CONTENT THAT THEY PROIVIDE, B) CONTENT PROVIDERS AND NOT US ARE SOLELY RESPONSIBLE FOR ENSURING THAT THE CONTENT COMPLIES WITH ALL APPLICABLE LAWS AND REGULATIONS, C) CONTENT PROVIDERS AND NOT US ARE SOLELY RESPONSIBLE FOR ALL APPLICABLE ROYALTIES TO THE COPYRIGHT OWNERS WITH RESPECT TO THE CONTENT CONTAINED IN THEIR INDIVIDUAL STATION(S), AND D) WE SHALL HAVE NO RESPONSIBILITY OR LIABILITY TO YOU OR ANY THIRD PARTY TO OBTAIN SUCH RIGHTS, PERMISSIONS, CLEARANCES OR ROYALTY PAYMENTS AND SHALL HAVE NO RESPONSIBILITY OR LIABILITY TO YOU OR ANY THIRD PARTY FOR THE FAILURE OF SUCH CONTENT TO OBTAIN SUCH RIGHTS, PERMISSIONS, CLEARANCES OR PAY ANY APPLICABLE ROYALTIES.
20. LIMITATION OF LIABILITY.
WE, OUR LICENSORS AND DISTRIBUTORS HAVE NO LIABILITY WITH RESPECT TO YOUR USE OF SHOUTCAST RADIO. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE OR OUR PARENT, AFFILIATES, DIRECTORS, EMPLOYEES, DISTRIBUTORS, LICENSORS, SUPPLIERS, PARTNERS, AGENTS, DISTRIBUTORS OR RESELLERS (THE “NULLSOFT GROUP”) BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATING TO THIS AGREEMENT OR THE USE OF OR INABILITY TO USE SHOUTCAST RADIO, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, LOST PROFITS, LOSS OF DATA, CORRUPTION OF DATA, COMPUTER FAILURE OR MALFUNCTION. YOUR SOLE REMEDY WITH RESPECT TO ANY DISPUTE WITH US OR SHOUTCAST RADIO IS TO CANCEL YOUR USE OF THE SERVICE. IN ADDITION, THE MAXIMUM AGGREGATE LIABILITY OF THE NULLSOFT GROUP FOR ANY CLAIMS ARISING IN CONNECTION WITH THIS AGREEMENT WILL NOT EXCEED ONE HUNDRED DOLLARS (USD $100). SHOUTCAST RADIO IS PROVIDED WITHOUT CHARGE AND YOU AGREE THAT THE FOREGOING LIMITATIONS REPRESENT A REASONABLE ALLOCATION OF RISK UNDER THESE TERMS.
Upon a request by us, you agree to defend, indemnify, and hold harmless us and our parent and other affiliated companies, and our respective employees, contractors, officers, directors, and agents from all liabilities, claims, and expenses, including attorney's fees that arise from your use or misuse of SHOUTcast Radio. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
22. Choice of Law and Location for Resolving Disputes.
23. Severability and Integration.
These Terms and any supplemental terms, policies, rules and guidelines posted on SHOUTcast Radio constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Your right to use SHOUTcast Radio automatically terminates if you violate these Terms or any rules or guidelines posted in connection with SHOUTcast Radio. We also reserve the right, in our sole discretion, to terminate your access to all or part of SHOUTcast Radio, for any reason, with or without notice.
SUPPLEMENTAL TERMS FOR THE SHOUTCAST RADIO/AOL TOOLBAR
IN ADDITION TO THE TERMS CONTAINED IN THE SHOUTCAST RADIO™ TERMS OF SERVICE, THE FOLLOWING SUPPLEMENTAL TERMS APPLY TO YOUR INSTALLATION AND USE OF THE SHOUTCAST RADIO/AOL TOOLBAR. BY INSTALLING AND/OR USING THE PRODUCT, YOU AGREE ELECTRONICALLY THAT THE SHOUTCAST RADIO™ TERMS OF SERVICE AS SUPPLEMENTED BY THE FOLLOWING TERMS APPLY TO YOUR USE OF THE SHOUTCAST RADIO/AOL TOOLBAR. IN THE EVENT THAT THESE SHOUTCAST RADIO™ TERMS OF SERVICE, AS SUPPLEMENTED BY THE FOLLOWING TERMS CONFLICT WITH ANY TERMS AND CONDITIONS THAT MAY BE PRESENTED TO YOU WHILE INSTALLING THE TOOLBAR, THESE SHOUTCAST RADIO™ TERMS OF SERVICE AS SUPPLEMENTED BY THE FOLLOWING TERMS SHALL TAKE PRECEDENCE AND GOVERN SUCH CONFLICT.
1. WEB SITES AND CONTENT. Content that may be accessed through the use of the SHOUTcast Radio/AOL Toolbar ("Toolbar"), including any links to certain web sites and RSS feeds offered with the Toolbar, is the property of its respective owner. Neither AOL nor Nullsoft (collectively, "AOL") is responsible for such content and AOL makes no representations or warranties regarding the accuracy or reliability of the information included in such content. The content on the linked sites is provided to you for your personal, non-commercial use as a convenience to you. You must agree to abide by the terms and conditions that may apply to any interactive online service that you elect to use with the Toolbar. Some of the services that AOL may offer for use with the Toolbar may require that you register with AOL and obtain a User ID or screen name, which will be subject to separate terms and conditions, which you will have an opportunity to review and approve.
3. SUGGESTIONS. You agree that AOL may use in any manner and without limitation all comments, suggestions, complaints and other feedback you provide relating to the Toolbar.
4. YOUR REPRESENTATIONS. You represent and warrant that you have adequate legal capacity to enter into this Agreement, that you will use the Toolbar only for lawful purposes and that you will not violate the terms of this Agreement.
5. AUTOMATED UPDATES. AOL may deliver to your computer automated updates, upgrades, modifications, and/or patches to address issues such as security, interoperability, and performance (collectively "Updates"). You may be given the opportunity to choose whether you want all Updates delivered automatically or you would prefer to be notified when a new Update is ready to be installed. You authorize AOL to deliver automatically any Update if we believe it is necessary to provide for the continued functionality of the Toolbar. Your use of the Updates will be governed by this Agreement unless you are asked to agree to new or additional terms and conditions at the time of download or installation.
6. PERFORMANCE AND USAGE INFORMATION.
(a) TECHNICAL INFORMATION. Most of the Toolbar software is configured to report back information automatically relating to computer errors arising in connection with use of the Toolbar, without notice to you. Information on your Toolbar configuration settings may be included. This data is sent to AOL to help diagnose performance issues with, and improve, the Toolbar.
(b) FEATURE USAGE INFORMATION. The Toolbar may also provide AOL with anonymous information about use of the Toolbar’s features and buttons. AOL uses this information in the aggregate to determine which Toolbar features and buttons are most popular and useful to its users.
(c) SOFTWARE ID. The Toolbar may contain a specific identification number for the purpose of tracking the number of unique instances of the Toolbar in use.
(d) PERSONALIZATION. You may be asked to provide AOL with certain information so that we can personalize content presented to you through the Toolbar. For example, you may be asked for your zip code, which could be used to provide you with relevant local weather and/or news reports.
7. THIRD PARTY OFFERINGS. Third parties may from time to time offer applications or services to access, “plug-into” or interact with the Toolbar. You may only use third-party applications authorized by us for use with the Toolbar. Your use of any third-party applications will be at your own risk and subject to the terms and conditions of those third parties. AOL makes no representations or warranties, express or implied, regarding the third party applications. You agree that AOL is under no obligation to provide you with any error corrections, updates, upgrades, fixes and/or enhancements to make the Toolbar accessible through or compatible with these third party applications.
8. DISCLAIMERS. THE TOOLBAR IS PROVIDED "AS IS" WITH ALL FAULTS. AOL DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES THAT THE TOOLBAR IS MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING, UNLESS SUCH IMPLIED WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. YOU AGREE THAT AOL OFFERS THE TOOLBAR AT NO COST TO YOU AND, THEREFORE, IN CONSIDERATION FOR YOUR ACCESS AND USE OF THE SOFTWARE, YOU AGREE THAT AOL SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES REGARDING THE TOOLBAR, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES TO THE FULL EXTENT PERMITTED BY LAW.
9. TERMINATION. Your license to use the Toolbar terminates immediately if you violate any terms of the Agreement or any terms that apply to the User ID or screen name associated with your use of the Toolbar.
Last updated 4-22-2011