Welcome to the Shoutcast website!
1. About these Terms.
2. About the Shoutcast website.
- Shoutcast website is intended for general audiences and for personal and information use only. We may add, change or discontinue any aspect of Shoutcast website at any time, in our sole discretion and without prior 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.
- Shoutcast website is controlled and operated within Belgium. Although Shoutcast website is accessible from outside of Belgium, you understand and agree that Shoutcast website (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 website complies with applicable local laws and regulations within the Territories in which you elect to use Shoutcast website. Your use of Shoutcast website 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 website.
- Shoutcast website offers technical broadcasting and hosting tools and services, server software, as well as information, directory and search functionality to enable users to access, view and listen to content on internet such as music (“Content”) and provides to users links to other sites and third party providers of music, Internet radio stations and other content (“Content Providers”). Shoutcast website is not responsible for the Content accessed by users through its directory or search functionality. The Content Providers have sole editorial control on the Content and these Content Providers are solely responsible for their Content offered through Shoutcast website, including without limitation, obtaining all rights, authorizations, licenses from rights holders on the Content and pay all royalties related to their Content.
- You understand that Shoutcast website does not pre-screen Content and You agree that Shoutcast website has no obligation to pre-screen Content, although Shoutcast website reserves the right to do so in its sole discretion. Some Content may contain materials that are objectionable, unlawful, or inaccurate. Shoutcast website’s offerings of technical broadcasting and hosting tools and services, server software, directory, 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 Shoutcast Member Account if you want to use certain interactive features or technical tools and services on Shoutcast website. 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 up-to-date. 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 website, You represent and warrant that your information is accurate. Our affiliates may give You the ability to use your Shoutcast Member Account to access other Shoutcast 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 website features, technical tools and services 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, technical tools and services.
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 website electronically. Your affirmative act of submitting and clicking to register for Shoutcast website 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 website 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 website.
You must provide at Your own expense the equipment and Internet connections that You will need to access and use the Shoutcast website, whether You access Shoutcast website through broadband, wifi, wireless or other type of connection. If you access the Shoutcast website 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 website 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 website for lawful purposes only. You are responsible for all activities under Your Shoutcast Member Account, including all legal liability incurred from the use of Your Shoutcast Member Account by You or others.
You agree that You will not access or use Shoutcast website 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;
- violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity or other proprietary rights is unlawful;
- uses any automated system, including without limitation, “robots”, “spiders”, or “offline readers”, to access Shoutcast website 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 website;
- attempts to damage, disable, overburden, or impair our servers or networks; or
- interferes with any other party's use and enjoyment of Shoutcast website.
- You agree that we may take any legal and technical remedies to enforce these Terms, including without limitation, immediate termination of Your Shoutcast Member Account or access to Shoutcast website if we believe in our discretion that You are violating these Terms.
11. No Spam
You may not use Shoutcast website or any of our communication tools and services 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 website to violate the terms of this section. We may terminate Your access or use of Shoutcast website immediately and take any other legal action if you, or anyone using Your access to Shoutcast website, 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 website own the property rights to that Content. Further, You agree that Shoutcast website, its application, technical broadcasting and hosting tools and services, software and database information, and those techniques, algorithms, and processes contained therein which have been developed, acquired, or licensed by us are proprietary to Shoutcast and our affiliates.
Shoutcast website 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 website and the Content only as authorized by the owners of these rights.
13. License To Use the Shoutcast website
We grant you a personal, non-exclusive, non-transferable, limited and revocable license to use Shoutcast website subject to these Terms. You may not use Shoutcast website in a manner that exceeds the rights granted for Your use of Shoutcast website and its Content. Without limitation of the foregoing, You may not frame any portion of Shoutcast website or Content or reproduce, record, reprint, copy, store, publicly display, broadcast, transmit, modify, translate, port, publish, sub-license, 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 websites applications, software, technical tools or services. Your license terminates immediately upon cancellation or termination of Your Shoutcast Member Account or if we believe You are in violation of these Terms.
14. Content You Post To Public Areas
Certain areas of Shoutcast website 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 website 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 website, 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 copyrighted work or Content has been copied and is accessible on the Shoutcast website in a way that constitutes copyright infringement, You may notify Shoutcast by providing our copyright agent the following information:
- an electronic or physical signature of the owner of the copyrighted work or the person authorized to act on the copyright owner's behalf.
- a description of the copyrighted work that You claim has been infringed and a description of the infringing activity.
- 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 radio station in which it has been published.
- identification of the URL or other specific location on the Shoutcast website site where the material that You claim is infringing is located, including enough information to allow us to locate the infringing material.
- your name, address, telephone number, and email address.
- 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.
- a statement by You 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.
Shoutcast's agent for notice of claims of copyright infringement on Shoutcast website can be reached as follows:
By mail :
Shoutcast SPRL 55K Boulevard International 1070 Brussels Belgium
You agree that the Shoutcast website may be supported by advertising. Any dealings that You have with advertisers found on the Shoutcast website 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 software license agreement that accompanies it. If there is no software 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.
18. Export laws
You agree to fully comply with all import and export laws, regulations, rules and orders of the European Union 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 European Union or other applicable agencies. 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 WEBSITE “AS IS” AND WITH ALL FAULTS. YOU ARE USING SHOUTCAST WEBSITE AT YOUR OWN RISK. WE, OUR LICENSORS AND DISTRIBUTORS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES THAT SHOUTCAST WEBSITE 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 WEBSITE 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 RADIO STATIONS AND CONTENT THAT THEY PROVIDE, 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 MUSIC LICENSING AND ALL APPLICABLE ROYALTIES TO THE COPYRIGHT OWNERS WITH RESPECT TO THE CONTENT CONTAINED IN THEIR INDIVIDUAL RADIO 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 WEBSITE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE OR OUR PARENT, AFFILIATES, DIRECTORS, EMPLOYEES, CONSULTANTS, LICENSORS, SUPPLIERS, PARTNERS, AGENTS, DISTRIBUTORS OR RESELLERS 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 WEBSITE, 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 WEBSITE IS TO CANCEL YOUR USE OF THE SERVICE. IN ADDITION, THE MAXIMUM AGGREGATE LIABILITY OF Shoutcast FOR ANY CLAIMS ARISING IN CONNECTION WITH THIS AGREEMENT WILL NOT EXCEED ONE HUNDRED DOLLARS (USD $100). SHOUTCAST WEBSITE 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 website. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by You, in which event You will cooperate with us in asserting any available defences.
22. Choice of Law and Location for Resolving Disputes
YOU EXPRESSLY AGREE THAT THESE TERMS ARE GOVERNED BY BELGIAN LAWS AND THAT EXCLUSIVE JURISDICTION FOR ANY CLAIM OR DISPUTE WITH Shoutcast, Shoutcast’S AFFILIATES, SHOUTCAST WEBSITE, THESE TERMS, OR RELATING IN ANY WAY TO YOUR USE OF SHOUTCAST WEBSITE (OR ANY FEATURES THEREOF) RESIDES IN THE FEDERAL OR STATE COURTS LOCATED IN BELGIUM AND EXPRESSLY CONSENT TO THE EXERCISE OF PERSONAL JURISDICTION IN SUCH COURTS IN CONNECTION WITH ANY SUCH DISPUTE INCLUDING ANY CLAIM INVOLVING Shoutcast, THESE TERMS, OR SHOUTCAST WEBSITE (OR ANY FEATURES THEREOF). PLEASE NOTE THAT BY AGREEING TO THESE TERMS, YOU ARE WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN.
23. Severability and Integration
These Terms and any supplemental terms, policies, rules and guidelines posted on Shoutcast website 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 website automatically terminates if You violate these Terms or any rules or guidelines posted in connection with Shoutcast website. We also reserve the right, in our sole discretion, to terminate Your access to all or part of Shoutcast website, for any reason, with or without prior notice.