Live365.com welcomes you to our site. We are very excited about providing our service to our broadcasters and listeners. Before you begin, however, you must first read the guidelines contained within our legal documentations below. These guidelines have been created to protect you and other users of our service, as well as third parties such as Artists and other copyright holders of content placed on our site. Your agreement with these policies is a condition of use of our site, whether as a registered user or guest.

This privacy statement discloses the privacy practices for www.live365.com. If you have questions or concerns regarding this statement, you should first contact privacypolicy@live365.com by email.

Live365, Inc. is committed to protecting the privacy of its users. This statement discloses Live365.com's privacy practices and is incorporated into, and subject to the terms of, Live365.com's Terms of Use. The purpose of this statement is to inform you as to:

  • What kinds of information Live365.com collects from users of the Live365.com Web site and how such information is collected;
  • How the information is used by Live365.com;
  • Whether Live365.com discloses any user information to third parties;
  • How you can access, update or delete any information collected about you by Live365.com; and
  • The security procedures implemented by Live365.com to protect your personal information.

Live365.com may change this policy from time to time. If so, any such changes will be posted on this page, so that Live365.com may keep its users informed of its information collection practices. Accordingly, we recommend that you consult this page frequently so that you are aware of our latest policy.

When you sign up to use Live365.com, we will ask you to create a member name. This member name will identify you when you post messages to our Web site, or when you engage in certain other activities on the site, such as transmitting Internet radio programs. In almost all cases, we do not obtain any personally identifiable information about you unless you choose to reveal it. Examples of when you voluntarily submit such information include when you provide an email address on the registration page, volunteer demographic information in conjunction with sweepstakes or contests, send us email, respond to emails from us, post messages or upload content using our service. Thus, you are not required to disclose any personally identifiable information to us, although many parts of our site may not be available to you unless you do so. For example, you must provide your name and contact information to us in the event you choose to upload content using our service, in the event you sign up to transmit Internet radio programs, or in certain other situations. We may also receive personally identifiable information about you from other users or third parties who may communicate with us about you (such as in the case of complaints).

When feasible, we do automatically collect your IP address. We also automatically collect and store statistics and other information about you and your online activities both on an aggregated, non-personally identifiable basis and in a manner that may allow us to associate such information with other personally identifiable information about you.

We use your information on an aggregated basis to do such things as operate our site, enhance and improve our service and sell and deliver advertising and merchandise. We also use this data, both aggregated and personally identifiable, to enhance your onsite experience-by displaying promotions, advertisements and content that we believe will be of interest to you. We disclose aggregated information about our site to third parties.

We allow third-party companies to serve ads and/or collect certain anonymous information when you visit our web site. These companies may use non-personally identifiable information (e.g., click stream information, browser type, time and date, subject of advertisements clicked or scrolled over) during your visits to this and other Web sites in order to provide advertisements about goods and services likely to be of greater interest to you. These companies typically use a cookie or third party web beacon to collect this information. To learn more about this behavioral advertising practice or to opt-out of this type of advertising, you can visit networkadvertising.org/managing/opt_out.asp.

As a general practice, we do not sell to, or share your personally identifiable information with third parties. So, for example, we do not sell your email addresses to spammers or sell your name and personal demographic information to mass marketers. However, on particular pages where we ask for your personally identifiable information, we may explicitly tell you that the data we are collecting on that page will be provided to third parties, in which case those disclosures shall override anything to the contrary in this policy. We may on occasion, email offers to you of products and services in conjunction with our partners.

In some cases we use your personally identifiable information to provide information to you, such as to send newsletters and email that you request or to personalize the site in accordance with your requests. We will provide you with directions in all emails and newsletters on how to be taken off our newsletter list.

Note that some online activities in which you choose to participate do necessarily lead to disclosure of your personally identifiable information to third parties, such as when you include your name and email address in messages posted to public areas on our site (such as chat areas) or sent via our service. In these cases, your choice to disclose personally identifiable information is voluntary. However, as a necessary incident of our service, we will make your member name available for all visitors to see in certain circumstances.

When you order merchandise from vendors or other users, we may make your name and email address available to such vendors or other users in order to facilitate such transactions.

You can access and update your contact information and preferences by going to your Member profile and following the instructions on that page. However, to the extent that such information is also stored in other databases, we cannot always ensure that such corrections or deletions will immediately reach the other databases. Also, you cannot manually change your IP address, although we may change it automatically. If you have any questions, please email us at privacypolicy@live365.com.

Cookies are small pieces of information stored on your hard drive, not on our site. We use cookies on our site for a number of reasons. First, cookies can help us provide information that is targeted to your interests. Second, cookies allow us to better understand how users use our site, which in turn helps us focus our resources on features that are most popular with our users. You are always free to decline our cookies if your browser permits, but some parts of our site may not work properly in that case.

In addition to using cookies, in some circumstances we may track or collect information about your activities on our site by the numeric address assigned to the computer you are using (your IP address) or by the URLs that you come from or leave to. This information is collected and shared with our partners in an aggregated, non-personally identifiable basis.

The Live365.com Web site contains links and references to other Web sites and organizations, including Web sites owned or operated by Live365.com s advertisers. Please note that different rules may apply to the collection, use or disclosure of your information by third party service providers or vendors or any other sites you encounter on the Internet (even if these sites are branded with our branding or framed by our site). We encourage you to investigate and ask questions before disclosing information to third parties.

Although your privacy is very important to us, due to the existing legal and technical environment, we cannot fully ensure that your private communications and other personally identifiable information will not be disclosed to third parties. For example, we may be forced to disclose information to the government or third parties under certain circumstances, or third parties may unlawfully intercept or access transmissions or private communications. Additionally, we can (and you authorize us to) disclose any information about you to private entities, law enforcement or other government officials as we, in our sole discretion, believe necessary or appropriate to investigate or resolve possible problems or inquiries.

We use industry standard efforts to safeguard the confidentiality of your personal identifiable information, such as firewalls and Secure Socket Layers where appropriate. However,  perfect security does not exist on the Internet.


Date of last revision: July 25, 2014

Live365, Inc. and its affiliates, successors, parents, subsidiaries, assigns, licensees, and designees (collectively and individually  Live365 ) provide you access to the Live365.com Web site and Live365 s mobile device applications (collectively, the  Site ) subject to the terms and conditions of use set forth below (the  Terms of Use ). Live365 offers certain products and services via the Site, including, without limitation, the provision of user-generated audio transmissions, message boards, and chat services (collectively, the  Services ). You agree to read these Terms of Use carefully before using the Site and/or the Services. By using the Site and the Services, you agree to abide by the Terms of Use, as follows:

Currently, Live365 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, wireless service, or other means. Live365 reserves the right, at any time, to charge fees for access to the Site or for any of its Services. Live365 will notify you of any such fees by posting information regarding such fees on the Site and/or by other communication.

  1. Content Guidelines.

    You agree not to post, upload or transmit to the Site or to Live365's servers any sound recordings, communications, text, graphics, digital content, or other information (collectively, "Material") that:

    • is obscene, fraudulent, indecent, discourteous, racially offensive, or abusive;
    • defames, abuses, harasses or threatens others;
    • contains any computer viruses, Trojan horses, worms, time bombs, cancelbots, ransomware, rootkits, keyloggers, dialers, spyware, adware, malicious BHOs, rogue security software or other malicious programs, 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 in its sole discretion shall determine your compliance with the foregoing guidelines. Live365 reserves the exclusive rights to delete from the Site without prior notice any material that it deems to be non-complying or otherwise objectionable for any reason and to terminate, suspend, and/or otherwise deny Site access to any user determined to have violated the foregoing guidelines for any reason.

  2. Uploading Sound Recordings.

    The uploading of original sound recordings by you to the Site is governed by a License and Release.

  3. Transmission of Internet Radio Programs.

    You must read and agree to the terms of Live365's Broadcaster Agreement for Individuals / Natural Persons (the "Transmission Agreement")in order to transmit your own Internet radio programs or other content via the Site. To the extent these Terms of Use conflict with the Transmission Agreement with respect to any Internet radio programs or other content transmitted by you via the Site, the Transmission Agreement shall govern.

  4. Other Restrictions on Use.

    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 or content generated by or offered through the Site or Live365's servers on any other Web site or in any other medium without the prior express written permission of Live365. Such permission includes through your authorized use of present or future Live365 products and/or features that permit such content distribution, sharing, or other functions. 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 or on another personal storage device. The maximum bitrate of your Internet radio program may not exceed the bitrate determined in the broadcasting package purchased, unless prior written approval has been granted by an authorized representative of Live365. Live365 may take any action with respect to the Material if Live365 believes, in its sole discretion, that the Material may create liability for itself or any third parties or may cause Live365 to lose (in whole or in part) the services of its ISPs, vendors, advertisers or other parties. You are not permitted to use Live365's name, URL, trademarks or other material in any manner, including, without limitation, in connection with "spam" email messages or newsgroup postings. For the purposes of these Terms of Use, "spam" has 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 Live365 in light of the load imposed by other users generally) on Live365'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 or any of its business affiliates.

Any third-party sites to which the Site may link are not under Live365's control or supervision. Live365 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 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. Such links are provided for user 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 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 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 SHALL HAVE NO LIABILITY FOR:

  1. 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;
  2. any errors, omissions, or inaccuracies in the Information regardless of how caused, or delays or interruptions in delivery of the Information;
  3. any decision made or action taken or not taken in reliance upon the Information furnished hereunder;
  4. 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;
  5. 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 has been advised of the possibility of such damages; or
  6. any lost profits or special, incidental or consequential damages (no matter how they might arise, including from Live365's negligence) arising out of or in connection with the Information, the Services, the Site or these Terms of Use.

Notwithstanding any provision of these Terms of Use to the contrary, Live365's total liability to you is limited to $1.00 (one dollar). 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 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. Live365.com s use of personally identifiable information, as well as Live365.com s use of cookies and other tracking methods, is governed by the terms of Live365.com s Privacy Policy. By accepting the Terms of Use, you expressly consent to disclosures of such personally identifiable and other personal information to third parties, and to Live365.com s use of your information, as enumerated in Live365.com s current privacy policy, which is incorporated herein by reference. Because Live365.com s Privacy Policy may change from time to time, you should also review it regularly for updates.

You represent and warrant that:

  1. you have full right and power to enter into and perform these Terms of Use, and have secured all third party consents necessary to enter into these Terms of Use;
  2. all factual assertions that you have made and will make to Live365.com are true and complete; and
  3. you are of the age of majority, have the right to enter into legally binding agreements, and have the full and complete right to agree to these Terms of Use.

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 and without notice if: (a) you breach the Terms of Use; (b) you infringe the intellectual property rights of a third party 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.

The Terms of Use shall be governed by and construed in accordance with the laws of the State of California, without regard to conflict of laws principles. You and Live365.com agree that any and all disputes arising out of or related to these Terms of Use shall be resolved solely through binding arbitration pursuant to the provisions of this paragraph and the then-current rules of the American Arbitration Association (to the extent not inconsistent with this paragraph). Any arbitration arising out of or related to these Terms of Use shall be held in San Mateo County, Foster City, California, before one independent arbitrator agreed 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.

Live365.com may amend these Terms of Use at any time by posting amended Terms of Use to the Site. The amended Terms of Use shall be effective immediately upon posting to the Site. Live365.com therefore encourages you to review these Terms of Use frequently.

Notifications of any unlawful conduct, including, without limitation, copyright or other intellectual property infringement should be sent to Live365.com s Designated Agent at abuse@live365.com..

  1. Your sole remedy for any breach of these Terms of Use by Live365.com shall be an action at law for money damages, if any. In no event shall you be entitled to injunctive or other equitable relief based on any act or omission of Live365.com, or any breach of these Terms of Use by Live365.com.
  2. These Terms of Use constitute the entire understanding of you and Live365.com 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.
  3. Nothing contained in these Terms of Use shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise between you and Live365.com.
  4. The provisions of these Terms of Use 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 you and Live365.com as reflected in the original provision.
  5. 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.
  6. 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 warranty made pursuant to these Terms of Use.
  7. All provisions which must survive in order to give effect to their meaning, shall survive any expiration or termination of these Terms of Use, including without limitation all of your representations, warranties and indemnification obligations.

2005-2014 Live365, Inc. All rights reserved. Live365.com and the Live365.com logo are trademarks of Live365, Inc. All other trademarks, product names, and company names or logos cited herein remain the property of their respective owners.


How you can reach Live365.com

The Services hereunder are offered by Live365, 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.

Complaints?

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.

(revised 10/1/2013)

The following is a partial list of the rules with which Live365 s Internet broadcasters must comply under portions of the Digital Millennium Copyright Act, 17 U.S.C. ß 114, given the nature of the licenses Live365 has obtained from the owners of the copyrights in sound recordings. Please note these licenses only cover personal broadcasters and do not necessarily cover PRO broadcasters on Live365. We have abbreviated these rules to include only those that likely would be relevant given the manner in which you are able to use the Live365 system. The relevant rules which you must carefully review are as follows:

  • Your program must not be part of an "interactive service." For your purposes, this means that you cannot perform sound recordings within one hour of a request by a listener or at a time designated by the listener.
  • In any three-hour period, you should not intentionally program more than three songs (and not more than two songs in a row) from the same recording; you 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 programs may not be less than three hours long.
  • Rebroadcasts of programs may be performed at scheduled times as follows:
    Programs of less than one-hour: no more than three times in a two-week period; Programs longer than one hour: no more than four times in any two-week period.
  • You should not publish advance program guides or use other means to pre-announce when particular sound recordings will be played.
  • You should only broadcast sound recordings that are authorized for performance in the United States.
  • You should pass through (and not disable or remove) identification or technological protection information included in the sound recording (if any).

It is Live365 s policy to honor all takedown requests that comply with the notification requirements of the DMCA and other applicable intellectual property laws.

  1. Notification of Copyright Infringement
    To file a notification of claimed copyright infringement, you will need to send a written communication that includes substantially all of the information listed below. (Please consult your legal counsel or see Section 512(c)(3) of the Copyright Act to confirm these requirements):
    • A physical or electronic signature of a person authorized to act on behalf of the copyright owner ( authorized person ) of an exclusive right that is allegedly infringed.
    • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works.
    • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Live365 to locate the material. Providing URLs in the body of your written communication is the best way to help us locate the content quickly.
    • Information reasonably sufficient to permit Live365 to contact the authorized person, such as an address, telephone number, and, if available, an electronic mail address.
    • A statement that the authorized person has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
    • A statement that the information in the notification is accurate, and under penalty of perjury, that the authorized person is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
    Such written notification should be sent to our designated agent via email (preferred), mail or fax at the following address:

    Live365, Inc.
    DMCA Notification Agent
    950 Tower Lane, Suite 1550
    Foster City, CA 94404
    Fax: (650) 345-7497
    Email: legal@live365.com

    Please note that the information provided in the written notification may be forwarded to the person responsible for the allegedly infringing activity.

    Please also note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages. Don t make false claims!
  2. Counter-Notification
    When Live365 receives a DMCA takedown notification of alleged copyright infringement, Live365 removes the material that is the subject of the notification. If Live635 removes materials that you have uploaded or streamed onto Live365 s network, Live365 will contact you about it.
    If you believe your content was removed as a result of mistake or misidentification, you may submit a DMCA counter-notification that includes substantially all of the information listed below. (Please consult your legal counsel or see Section 512(g)(3) of the Copyright Act to confirm these requirements):
    • Your name, address, telephone number and physical or electronic signature;
    • Identification of the material and its location before removal;
    • A statement under penalty of perjury that the material was removed by mistake or misidentification; and
    • Your consent to the jurisdiction of federal district court jurisdiction for the address provided and, if your address is outside of the United States, then you must consent to the jurisdiction of any judicial district in which Live365 may be found.
    • A statement that you will accept service of process from the person who provided notification of claimed infringement.
    Such written counter-notification should be sent to our designated agent via email (preferred), mail or fax at the following address: Live365, Inc.
    DMCA Notification Agent
    950 Tower Lane, Suite 1550
    Foster City, CA 94404
    Fax: (650) 345-7497
    Email: legal@live365.com

    Please note that the information provided in the counter-notification will be forwarded to the person who submitted the DMCA takedown notification. You consent to having your information forwarded if you submit a counter-notification.

    Please also note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material was removed or disabled by mistake or misidentification may be liable for damages.

    Please also be advised that we enforce a policy that provides for the termination of user accounts in appropriate circumstances for users who are repeat infringers.

    THE INFORMATION PRESENTED ON THIS PAGE IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT LEGAL ADVICE.