TERMS OF USE
National Broadcasting Company (NBC), Pty. Ltd. PO Box 1084, Byron Bay, NSW, 2481, Australia, tel. +0411798772, e-mail: info@digitalradionetwork.com.au (?National Broadcasting Company? or "we" "our" or "us") owns or controls, and provides access to the digitalradionetwork.com.au website, at the url www. digitalradionetwork.com.au and all subdomains under the digitalradionetwork.com.au domain and related properties (the "Website"), any digitalradionetwork.com.au client software, the digitalradionetwork.com.au widgets, the digitalradionetwork.com.au API and all proprietary services, software, data and materials accessed via the Website (the "Services"). The Website and the Services may be referred to hereby as "the Properties".
Welcome to digitalradionetwork.com.au. Feel free to navigate our website and enjoy our Services at any time. Bear in mind that by accessing digitalradionetwork.com.au and using its Services and Properties, you must conform to the "Terms of Use" set hereby. You acknowledge that you have read, that you understand and that you are bound by the following "Terms of Use" and our "Privacy Policy". If you do not agree with all the present "Terms of Use" and/or our "Privacy Policy", please stop using our Services and Properties.
If you simply wish to listen to the programs of our platform's web radios, you do not need to register and create a user account ("simple listeners"). However, some of our services are provided only under the condition that you make a registration and create your user account. Therefore : 1. listeners who want to follow stations and shows, to mark certain web-radios of our platform or djs as "favorites", to make comments or send messages, etc, ("active listeners") , and 2. users who want to create a web-radio within our platform ("station owners"), need to register and create their own user account.
Moreover the "active listeners" shall be asked to ACCEPT by clicking the present TERMS OF USE and our PRIVACY POLICY, while the "djs" and the "station owners" shall be asked to ACCEPT by clicking the present TERMS OF USE, our PRIVACY POLICY and the WEBCASTING AGREEMENT, otherwise they will not have access to our Services. Please take into consideration that making a registration and creating your own user account does not necessarily mean that you will be asked to pay any fees. Our price list refers only to users who create their web-radio within our platform ("station- owners").
NBC reserves the right to modify the following "Terms of Use" or alter or end its Services at any time without notice to you at it's sole discretion. In this event NBC will post a notice on the Site so that you take knowledge of such amendments. You are responsible for reviewing such modifications, for this reason, you must regularly check the Website for possible changes, modifications, alterations, additions. If you do not approve the new terms you should abstain from using NBC, its Services and Properties, otherwise your continued use of the Website, the Services and Properties proves your acceptance of the amended "Terms of Use". The present "Terms of Use" concern users who wish to listen to the programs transmitted through NBC's platform or otherwise navigate in NBC website. If you wish to become a webcaster (djs and/or station owners) or to simultaneously broadcast your programs through NBC's platform, you need -additionally to the present "Terms of Use" and to our "Privacy Policy"- to read also and accept the relevant "Webcasting/Simulcasting Agreement". 1. Description NBC is a social webradio management platform that enables you to listen to the programs broadcasted. At the same time NBC functions like a virtual studio technology permitting you to easily become a webcaster/simulcaster dj or even create your own web-radio by replacing the usually complex and expensive set up of hardware, software and operations needed to run a webradio station with simply and easy to use web tools. NBC reserves it's right to add, change, remove, suspend or discontinue any element/aspect of the Website and/or the Services at any time at it's sole discretion without notice. Moreover NBC may impose limits and/or restrict access to parts of or all of the Properties without notice and without liability to you or any third party.
1. Registration & Fees You can privately listen to the programs offered by the Webcasters/Simulcasters of NBC at no cost and without registration. You will be asked to make a registration and create an account in case you want to become a) an "active listener", b) a "dj" or c) a "station owner". You will additionally be obliged to pay fees in case you choose to become a "station owner" (see "WEBCASTING AGREEMENT"). If you create a user account, you agree to accept responsibility for all activities that occur under your account or password, if any, and agree you will not sell, transfer or assign your user account. You are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer so that others may not access any password-protected portion of the Website or other Properties using your name, user name or password in whole or in part.
1. User conduct and content (in relation to NBC blog/platform) You must comply with the standing legislation (national, United States and international) and not unlawfully or abusively use the Website/Services/Properties and their content. You are liable for any damage you cause to NBC from the unlawful or abusive use of the Properties and their contents. In such case NBC is entitled to terminate the violation, prohibit its continuation and claim damages. NBC reserves the right to remove or delete any listener's/user's content and to prohibit the use of the website for any reason. NBC reserves the right to terminate any user's/listener's account and/or delete, move or edit any of your uploaded information-content, in whole or in part, and/or take such other action as NBC sees fit in relation to any user/listener, for any reason, especially in case of a breach of NBC's acceptable use policy or any of the other terms set forth herein, and /or proceed thereafter with court actions if necessary. You agree that you are responsible for the content (e.g. comments, messages, etc.) that you post, submit and transmit within NBC's blog/platform. When you are uploading or otherwise make available such content within NBC's blog/platfrom, you guarantee that you have the right to make available such content, that you do not violate rights of third persons (intellectual property, right of personality, penal law, commercial law, consumers law, etc), that you have all the necessary licenses for the respective use, that you release NBC from any royalties or other kind of claims. You acknowledge that the sole responsible for such content is the person from whom it originates.
NBC is not obliged to and does not control the content. NBC is not liable for any mistakes, omissions or unlawful, unethical, offensive, threatening, inaccurate, unsecured, inappropriate to adults and/or to children etc content made available through its Services from the users. Furthermore, NBC is not liable for any loss or damage incurred to the users of the website by accessing or using the content uploaded by other users on its platform. The sole responsible is the person from whom the content originates. You agree and guarantee that you will not post, submit, transmit or otherwise make available any listener's/user's content that: 2. Is defamatory, fraudulent, deceptive, racial, abusive, threatening, harassing, pornographic or illegal and does not comply with the standing legislation (national European and international), 3. Invades privacy of the others 4. May infringe intellectual properties of others such as Copyright, Trademarks, trade secrets, patents or may harm the right of privacy or any other right of any party. 5. Contains viruses, harmful or corrupted data, harmful files 6. Is unlawful or encourages or supports illegal activities 7. Bypasses, or in any way circumvent technological measures, filters and relative technology implemented by NBC 8. Sends spam 9. Serves your commercial purposes or advertises your products 10. Could provoke the malfunction of the services of the website or could hinder the use of the services of the website (including large loads) 11. Links to websites that are illegal or contain content of nature similar to NBC's website Content (as defined in Article 5 of the present Terms of Use) or that may infringe/damage/affect any right of any third person or entity. You are not allowed to upload sound recordings or other protected material for which you have not been transferred the rights otherwise you will be liable for violation of the relevant legislation. You are not allowed to collect or store personal data/information of other users. You are only allowed to privately listen to the programs (webcasts/simulcasts) produced by the Webcasters/Simulcaters of the Website through this site or by our Servers, but you are not allowed to download them or reproduce them in any way and in any medium or distribute them or publicly perform them or otherwise communicate them or to the public in public places with or without loudspeakers or any other technical or non way or medium, or any other use / exploitation, or to authorize third person to effectuate such public performance. NBC is not liable for the deletion or failure to store Content, communications or personal settings and does not guarantee that the function of its services will be uninterrupted and without errors or viruses function of its services or that the deficiencies of the system will be corrected. By uploading content you grant NBC (and its affiliates, sublicensees, partners, designees, and assignees) a non-exclusive, royalty-free, perpetual, sublicensable, transferable, worldwide license to use, reproduce, distribute, communicate to the public, modify, adapt, and otherwise exploit your content and derivatives thereof. You hereby acknowledge that any act effectuated by NBC is not to be considered as infringement of your moral rights but as a lawful exercise of these rights (waiver of moral rights). You agree to indemnify and hold harmless NBC from any claims, damages/injury and costs, including attorney's fees arising out of the Content you or any user of NBC has uploaded or posted on the Website, the breach of these Terms, any violation of any rights of third parties. You hereby release and discharge NBC from any actions, suits, liability, claims and demands that you have or will have arising from the use of the website and its Services. You acknowledge that NBC is not liable for any loss or damage incurred from actions of the users/listeners, for example direct or indirect, coincidental, secondary, civil or penal.
1. Links to Other Websites In case users link to other websites -without prejudice to NBC's rights- NBC disclaims any liability whatsoever. Since NBC does not control these websites, you agree that NBC is not responsible for their content, accuracy or legality. NBC is not associated and does not endorse/support or approves the content of these links. NBC is only providing these links to you as a convenience. You understand that by accessing third party websites you do it at your own risk and that NBC is not liable for any damage caused to you from accessing such websites. NBC accepts no responsibility for the content and/or conduct of other websites. 1. Intellectual Property Ownership- Restrictions on the use related to IPRs. The past, present and future content of the Properties, including without limitation, all intellectual property righs, such as copyright works, software, logos, trademarks domain names, designs, graphics, pictures, photos, texts, newsletters, etc and any and all copyright material and all other materials and intellectual property rights related to the Properties (collectively "Content") are the property of NBC and are governed by the relevant existing national, European and international intellectual property laws. No rights in or to the Content and/or to the Properties are granted to you. Therefore the copying, reproduction, re-arrangement, sale, leasing, renting, lending, distribution, redistribution, modification or adaptation, downloading, sideloading, exchanging, creating of derivative works, uploading, posting, transmitting, communication to the public or publication by you, directly or indirectly, of the Content and/or the Properties, including the removal or alteration of advertising, is strictly prohibited. Exploiting any part of the Properties for a purpose that is not permitted by these Terms of Use is expressly prohibited. All programs produced by the webcasters/simulcasters of the Website and all comments/messages etc of all users (listeners, djs, station owners) are deemed part of the "Content". You are allowed to privately listen to the programs (webcasts/simulcasts) produced by the djs and station owners webcasters/simulcaters of the Website through this site or by our Servers, but you are not allowed to download them or reproduce them in any way and in any medium or public perform them or otherwise communicate them or distribute them to the public. Such uses presuppose the written and expressed approval of our Website and of the competent collecting societies. If you are a dj and/or station owner Webcaster or Simulcaster using our Services and not a listener- user of the website, you need to read and accept (enter into) the relevant webcasting/simulcasting agreement.
1. 1. Disclaimers Without limitation of anything else set forth in the present "Terms of Use" and the "webcasting/simulcasting" agreement and the "PRIVACY POLICY? and and agree that NBC further limits its liability in connection with your use of its Properties/Services/Website as set forth bellow: The Properties, including, without limitation, all Content, Software, and functions made available on or accessed through or sent from the website, are provided "AS IS," "as available, " and "with all faults". digitalradionetwork.com.au and its parents, subsidiaries and affiliates make no representation or warranties or endorsements of any kind whatsoever (express or implied) about: (a) the Properties; (b) the Content and Software on and provided through the Properties; (c) the functions made accessible on or accessed through the Properties; (d) the content and information sent from or through the properties by users; (e) any products or services offered via the website or hypertext links to third parties; and/or (f) the treatment of any information, content, material or data transmitted by users to the Properties; (g) security associated with the transmission of information through the properties or any linked site. NBC is trying to build the best service for its users, however, it cannot guarantee the uninterrupted or error-free function of the Website or that the defects will be corrected or that it will be free of viruses. Therefore digitalradionetwork.com.au does not warrant that the Properties, any of the Properties' functions or any Content contained therein will be uninterrupted or error-free; that defects will be corrected; or that the Properties or the servers that make them available are free of viruses or other harmful components. Under no circumstances shall digitalradionetwork.com.au, its parent, subsidiaries, or affiliates or the directors, officers, employees, or other representatives of each of them, be liable to you for any loss or damages of any kind, including, without limitation, for any special, direct, indirect, incidental, exemplary, economic, punitive, or consequential damages that are directly or indirectly related to (a) the Properties, the Content, or your upload information; (b) the use of, inability to use, or performance of the Properties or any of the Content or features thereon; (c) any action taken in connection with an investigation by digitalradionetwork.com.au or law enforcement authorities regarding your use of the Properties or Content; (d) any action taken in connection with copyright or related rights owners; (e) any errors or omissions in the Properties' technical operation, (including, without limitation, whether caused in whole or in part by negligence, acts of god, telecommunications failure, or theft or destruction of the Properties). digitalradionetwork.com.au is not responsible for any damage to any user's computer, hardware, computer software, or other equipment or technology including, without limitation, damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction. Your access to and use the Properties is at your own risk. If you are dissatisfied with the Properties or any of the Content, your sole and exclusive remedy is to discontinue accessing and using the Properties or the Content. You recognise and confirm that in the event you incur any damages, losses or injuries that arise out of digitalradionetwork.com.au's acts or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing any exploitation of any web site, property, product, program, or other audio content owned or controlled by digitalradionetwork.com.au and/or its parents, subsidiaries, and/or affiliates or your upload information, and you will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of any digitalradionetwork.com.au web site, services, properties, product, program, music, or other audio or other content or your upload information or any and all activities or actions related thereto. 1. IPRs complaints NBC respects intellectual property. We aim to respond any claim that the content and/or Content posted or uploaded infringes intellectual Property rights of ay person. In order to be able to respond to your claims, please contact us by mail at the address or by phone at +0411798772 or by e-mail at info@digitalradionetwork.com.au In your notice you are asked to include a detailed description of the alleged infringement in a way that NBC will be in position to identify material. Your notice should be properly signed and your contact details should be included. Please, bear in mind that you may be asked to pay damages (including costs and attorney's fees) if you have intentionally mislead NBC. 1. Privacy Policy Registration data and certain other information about you are subject to our PRIVACY POLICY. Please read the Privacy Policy for information on how your personal data and other information about you will be handled. By accepting these Terms of Use you are also accepting the terms of the Privacy Policy, which is incorporated herein by reference for all purposes. 1. Termination NBC reserves the right to terminate any user's/listener's account and/or delete, move or edit any of your uploaded information-content, in whole or in part, and/or take such other action as digitalradionetwork.com.au sees fit in relation to any user/listener, for any reason, especially in case of a breach of NBC's acceptable use policy or any of the other terms set forth herein or in our PRIVACY POLICY, and /or proceed thereafter with court actions if necessary. digitalradionetwork.com.au reserves the right to restrict, suspend, deny or terminate access to all or part of the Website or any Service and to deny access to any person in its sole discretion without notice or liability of any kind. NBC reserves the right to refuse service to anyone for any reason at any time. digitalradionetwork.com.au reserves the right to suspend or terminate your access to the Website and pursue all legal remedies if we believe your uploaded content (Upload Information or user's/listener's content) infringes another's rights or otherwise violates any law, rule or regulation. 1. Miscellaneous 12. In case any of the provisions of this Terms of Use is found to be invalid, it shall not affect the validity of the other provisions that will remain in force. 13. NBC may transfer its rights without any third party's consent. 14. The content provided by the users cannot be considered as advice, encouragement, suggestion, instruction or guidance to the users to act or to omit. It is at the discretion of the users to act at their own will discharging NBC from being liable, as defined above. 15. You are not allowed to post or upload advertisement content or act in an unfair way to the interests of NBC. 16. The Parties have agreed to all of the terms and conditions contained in this Agreement. 17. The section titles in these Terms of Use are for your convenience only and do not have any legal or contractual effect. 1. Governing Law/Jurisdictional issues These Terms of Use and the Privacy Policy and their interpretation shall be governed by and construed in accordance with the laws of Australia and the Courts of Australia are competent as regards any dispute arising out of them.