Broadcaster Agreement for Individuals / Natural Persons
Broadcaster Agreement for Organizations / Groups / Businesses
Live365.com and its affiliates, successors, parents, subsidiaries, assigns, licensees, and designees
(collectively and individually "Live365.com") provide you access to the Live365.com Web site (the "Site") subject to the terms and
without limitation, the provision of user-generated audio transmissions, message boards, and chat services (collectively, the "Services").
Currently, Live365.com provides the Services free of charge to listeners. You are responsible for paying any
applicable taxes and for all hardware, software, service and other costs you may incur in connection with the Services, including costs
incurred in connecting to the Site via the Internet. Live365.com reserves the right, at any time, to charge fees for access to the Site
or for any of its Services. Live365.com will notify you of any such fees by posting information regarding such fees on the Site.
- You agree not to post, upload or transmit to the Site or to Live365.com's servers any
sound recordings, communications, text, graphics or other information (collectively, "Material") that:
- is obscene, fraudulent, indecent, discourteous, racially offensive, or abusive;
- 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;
- 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; or
- violates any applicable local, state, national, or international law.
Live365.com in its sole discretion shall determine your compliance with the foregoing guidelines and reserves the right to
delete from the Site without prior notice any material that it deems to be non-complying or otherwise objectionable for any reason.
- The uploading of original sound recordings by you to the Site is governed by a
License and Release.
- You must read and agree to the terms of
Live365.com's Broadcaster Agreement for Individuals / Natural Persons in order to transmit your own Internet radio programs via the Site. To the
by you via the Site, the Internet Transmission Agreement shall govern with respect to any such Internet radio programs.
- You shall comply with all laws and regulations applicable to your use of the Services,
the Site, and the Material. You may not make available or list any Internet radio program generated by or offered through
the Site or Live365.com's servers on any other Web site or in any other medium without the prior express written permission
of Live365.com, provided, however, that you may make an Internet radio program that you have created available on a Web site
that is wholly owned or controlled by you. You may not download or store any sound recordings or Internet radio
programs from the Site to the hard drive of your computer.
The maximum bitrate of your Internet radio program may not exceed 128 kbps, unless prior written approval has been granted by an authorized representative of Live365.com.
Live365.com may take any action with respect to the Material
if Live365.com believes, in its sole discretion, that the Material may create liability for itself or any third parties
or may cause Live365.com to lose (in whole or in part) the services of its ISPs, vendors or advertisers. You are not
permitted to use Live365.com's name, URL, trademarks or other material in any manner, including, without limitation,
the meaning generally understood among Internet users, and includes without limitation "unsolicited electronic mail
advertisements" as that phrase is defined under California Business and Professions Code section 17538.45. You may
not impose an unreasonable or disproportionately large load (as determined by us in light of the load imposed by
other users generally) on Live365.com's infrastructure. You may not use any "bot" or other automated repetitive or
iterative mechanism or the like to gain any sort of benefit from Live365.com or any of its business affiliates.
Any third-party sites to which the Site may link are not under Live365.com's control,
and Live365.com 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, Live365.com 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.
THE 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. LIVE365.COM 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.
LIVE365.COM 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 5, LIVE365.COM SHALL HAVE NO LIABILITY FOR:
Some states do not allow the foregoing limitations of liability, so they may not apply to you. Some states do not allow the disclaimer
of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you also
may have other legal rights which vary from state to state.
- 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
- 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 you 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 Live365.com has been advised of the possibility of such damages; or
- any lost profits or special, incidental or consequential damages (no matter how they might arise, including from Live365.com's
Any communication, information or other material you transmit or post to the Site, by electronic mail or otherwise
(other than personally identifiable information about you), including any answers to questions, comments, suggestions,
or other data supplied by you is, and will be treated as, non-confidential and non-proprietary. You hereby grant to
Live365.com a non-exclusive, worldwide, perpetual fully paid-up license to use any such communication, information or
material for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication,
distribution, advertising, marketing, promotion, research, broadcast, display, modification, syndication, licensing and posting.
disclosures of such personally identifiable and other personal information to third parties, and to Live365.com's use of your
You represent and warrant that:
- all factual assertions that you have made and will make to Live365.com are true and complete; and
- you are of the age of majority, have the right to enter into legally binding agreements, and have the full and complete right to
Live365.com reserves the right to terminate this Agreement immediately and without notice for any or no cause, at any time.
Without limiting the preceding sentence, Live365.com may terminate your use of the Services or access to the Site immediately
in connection with the Services; (c) Live365.com is unable to verify or authenticate any information you provide to it, or (d)
any material uploaded or transmitted by you to the Site violates any applicable laws or rights of any third party.
shall be resolved solely through binding arbitration pursuant to the provisions of this paragraph 9 and the then-current rules of
the American Arbitration Association (to the extent not inconsistent with this paragraph 9). Any arbitration arising out of or
upon by both parties. Any arbitration will be final and binding, and the arbitrator's order will be entered and enforceable in any
court of competent jurisdiction. The arbitrator will be chosen within thirty (30) days of the submission of any issue to arbitration,
the discovery (if any) will be completed within sixty (60) days thereafter, the hearing will occur within thirty (30) days thereafter
and the arbitrator must render his or her decision, in writing, within thirty (30) days after the end of such hearing.
Live365.com reserves the right to change, suspend or discontinue any aspect of the services or the Site at any time, including
the availability of any of the Site features, databases or content. Live365.com will attempt to provide reasonable notice of such
changes to the Services or the Site. Live365.com may also impose limits on features or restrict access to parts of the Site.
Notifications of any unlawful conduct, including, without limitation, copyright or other intellectual property infringement should be
sent to Live365.com's Designated Agent at email@example.com.
shall you be entitled to injunctive or other equitable relief based on any act or omission of Live365.com, or any breach of these
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.
enterprise between you and Live365.com.
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 you and Live365.com as reflected in the original provision.
- Any delay or failure on the part of Live365.com to enforce any rights hereunder to which it may be entitled shall not be construed as
a waiver of the right and privilege to do so at any subsequent time.
- You indemnify and hold harmless Live365.com, and the officers, directors, employees, partners, principals, agents and representatives
of Live365.com, from, against and in respect of any and all demands, claims, actions or causes of action, liabilities, losses, and
expenses, including reasonable attorneys' fees, arising out of or relating to any breach by you of any covenant, representation or
- All provisions which must survive in order to give effect to their meaning, shall survive any expiration or termination of these
© 2005-2008 Live365.com, Inc. All rights reserved. Live365.com and the Live365.com logo are trademarks of Live365.com, Inc. All other
trademarks, product names, and company names or logos cited herein remain the property of their respective owners.
The Services hereunder are offered by Live365.com, Inc., located at 950 Tower Lane, Suite 1550, Foster City, CA 94404. Our phone number is 650-345-7400. If you are a California resident, you may have this same information
emailed to you by sending a letter to the foregoing address with your email address and a request for this information. Fees for
services offered by us are available as described in Section 1.
The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may
be contacted in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
Parental control protections (such as computer hardware, software, or filtering services) are commercially available that may
assist you in limiting access to material that is harmful to minors. If you are interested in learning about these protections,
information is available at http://www.worldvillage.com/wv/school/html/control.htm or other analogous sites providing information
on such protections.