Terms of Service
By using Radiocast.net or any Radiocast product you agree to these Terms. They cover hosting, AirChain, Reporter, Sites, and the rest of the Radiocast suite.
1.Agreement and acceptance
The agreement
Welcome to Radiocast ("Radiocast", "we", "us", or "our"). These Terms of Service ("Terms") are a legally binding agreement between you and Radiocast. They govern your access to and use of the Radiocast website located at https://radiocast.net (the "Website") and all products, services, features, content, applications, and technologies provided by Radiocast through the Website or on a Radiocast domain (collectively, the "Service").
How you accept these Terms
You accept these Terms, and agree to be bound by them, when you do any of the following:
- create an account or sign in to the Service;
- check a box or click a button indicating that you agree to these Terms;
- order, pay for, or use any Paid Service; or
- otherwise access or use the Website or the Service.
If you do not agree to these Terms, you must not access or use the Service.
Electronic contracting and communications
You agree that your electronic acceptance of these Terms has the same legal effect as a handwritten signature. You consent to receive agreements, notices, disclosures, invoices, and other communications from us electronically, including by email, in the Service, or on the Website, and you agree that these communications satisfy any legal requirement that they be in writing.
Use on behalf of an organization
If you use the Service on behalf of a company, station, or other organization, you represent and warrant that you have the authority to bind that organization to these Terms, and "you" includes both you and that organization. If you do not have that authority, you must not accept these Terms on the organization's behalf.
Policies that form part of these Terms
The following policies are incorporated into these Terms by reference and form part of your agreement with us:
- our Privacy Policy;
- our Station Guidelines;
- our Station Owner & Community Rules;
- our Indecent Language Guidelines;
- our API Usage Policy, which governs programmatic interfaces, including Radiocast database-backed APIs and Radiocast Panel APIs (for example the HTTP API documented at https://panel.radiocast.net/api/openapi.yml); and
- the Radiocast Promise (SLA), where it applies to your plan.
Order of precedence
If these Terms conflict with an incorporated policy, these Terms control, unless the policy expressly states that it overrides a specific provision of these Terms. Terms published with a specific offer or order apply to that offer or order in addition to these Terms.
2.Definitions and interpretation
Defined terms
In these Terms, the following words have the meanings below:
- "Website" means the Radiocast site at https://radiocast.net and its subdomains.
- "Service" means all functionality and content made available by Radiocast via the Website or a Radiocast domain, including the products described in the Radiocast products section and, where applicable, programmatic access subject to our API Usage Policy.
- "User" or "you" means any individual or entity that accesses or uses the Website or Service.
- "Account" means the account you use to access the Service, however you sign in.
- "Station" means an audio stream or channel created, managed, or broadcast via the Service.
- "Station Owner" means the User who created or controls a Station and is responsible for it.
- "Station Team" means DJs, co-hosts, moderators, and anyone else a Station Owner gives access to a Station.
- "User Content" means content you upload, submit, broadcast, or otherwise make available through the Service, including audio, artwork, text, website content, chat messages, voice recordings, prompts, and metadata.
- "AI Output" means text, audio, voices, or other material generated by automated or artificial intelligence systems in the Service, including Reporter segments and AI Assistant answers.
- "Paid Services" means any paid features, such as hosting plans, subscriptions, add-ons, credits, sponsored placements, or advertisements.
- "Credits" means store credits, Reporter credits, and any other non-monetary units used in the Service.
- "Policies" means the policies incorporated into these Terms under the Agreement and acceptance section.
Interpretation
- "Including" and similar words mean "including without limitation".
- Headings are for convenience only and do not affect the meaning of these Terms.
- The singular includes the plural and the other way around.
- A reference to a law includes that law as amended or replaced, and any regulations made under it.
- A reference to a section includes its subsections and clauses.
3.Eligibility and accounts
Minimum age
You must be at least 13 years old to use the Service. When you create an account we ask you to confirm that you are 13 or older, and we will not create an account if you tell us you are not. If you are under the age of majority where you live, you may use the Service only with the consent of a parent or legal guardian, who agrees to these Terms on your behalf and is responsible for your use of the Service. Some features, such as Paid Services, may be available only to adults.
Legal capacity
You represent that you are legally able to enter into these Terms, and that you are not barred from using the Service under the laws that apply to you or under the Export controls and sanctions section.
Registration information
You must give accurate, current, and complete information when you register and keep it up to date. We may suspend an account that contains false or misleading information.
Sign-in methods
You may sign in with email, Discord, Google, or Radiocast Portal. Each sign-in method is subject to these Terms and to the terms of the provider you use. We are not responsible for the availability of third-party sign-in providers. If you lose access to a provider account, you may lose access to your Radiocast account unless you have another sign-in method set up.
Account security
- You are responsible for keeping your credentials confidential and for all activity under your account, including activity by your Station Team.
- You must not share your credentials with anyone outside your organization or Station Team, or let anyone use your account in breach of these Terms.
- You must tell us promptly at [email protected] if you believe your account has been accessed without authorization.
- We are not liable for loss caused by unauthorized use of your account where you did not keep your credentials secure.
No transfer of accounts
You may not sell, transfer, or license your account or a Station to anyone else without our prior written consent. Usernames and station names are not your property and may be reclaimed if they are inactive, misleading, or infringe someone else's rights.
4.Radiocast products
The Service is made up of the products below. The provisions in this section add to the rest of these Terms for each product. Which products and features you can use depends on your plan.
Hosting and the broadcaster panel
Radiocast hosting provides managed internet radio streaming, AutoDJ, scheduling, DJ accounts, media storage, and analytics through the Radiocast Panel. Storage, listener caps, stream bitrate, and other limits are set by your plan and published on our plan pages. You may not exceed your plan limits or use hosting to resell the service unless your plan expressly allows it (for example, a Reseller plan). Stereo Tool hosting is a paid add-on that needs a separate license key from its vendor, and your use of Stereo Tool is subject to that vendor's license.
AirChain
AirChain is Radiocast's broadcast sound processing. It changes the loudness and sound of your stream according to the preset and settings you choose. You are responsible for choosing settings you are happy with and for the audio you send through it. AirChain is included with Radiocast Max and higher plans.
Reporter
Reporter writes, voices, and mixes news, weather, traffic, and other segments for your station using data sources and automated (AI) systems. Reporter is in alpha and is subject to the Alpha, beta, and preview features section. Reporter usage is measured in Reporter credits that come with your plan; Reporter credits have no cash value. If you use voice cloning, you may upload only recordings of voices you have permission to use, and you are responsible for that permission. The AI features and generated content section also applies.
Sites
Radiocast Sites is the station website builder. Custom Radiocast Sites are available only on the Radiocast Max plan. You are responsible for the content you publish on your site, for your own domain and its DNS settings, and for the privacy and legal notices your site needs. Content on your site must follow these Terms, our Station Guidelines, and our Station Owner & Community Rules.
Station directory, profiles, and discovery
Stations, DJ profiles, and listings you choose to publish on Radiocast are public. We may feature, rank, remove, or change how listings appear to keep the directory accurate and safe, and we do not guarantee any particular placement or audience. Following our Station Guidelines and Station Owner & Community Rules is a condition of being listed.
Billing portal and Radiocast Portal sign-in
Our billing portal at billing.radiocast.net, which runs on a customized deployment of FOSSBilling, is where you order plans, manage subscriptions, pay invoices, and open support tickets. You agree to keep your billing details accurate. If you sign in to Radiocast with Radiocast Portal, you authorize the portal to share your name and verified email address with us for that purpose.
Store, credits, and advertising tools
The Radiocast store lets you spend Credits on station upgrades, listener features, and promotional placements. Credits are governed by the Fees, payments, and credits section and the Advertising and sponsored content section.
Academy, Blog, News, and Tools
The Academy, Blog, News, and free tools such as calculators are provided for general information only. They are not professional, legal, financial, or licensing advice, and results from tools are estimates.
AI Assistant
The Radiocast AI Assistant gives automated answers that can be wrong or incomplete. Check important information, such as pricing, limits, and licensing, against our pages or with our team before relying on it. Do not enter sensitive personal data. Answers from the AI Assistant do not change these Terms, your plan, or our prices.
Embeds, APIs, and developer access
Embeddable players and programmatic access are covered by our API Usage Policy. We may rate limit, suspend, or revoke access that harms the Service or breaches that policy.
Support and uptime
Support is provided through the support chat, support site, and billing portal tickets. Eligible outages may qualify for review under the Radiocast Promise (SLA). Except as stated in the Radiocast Promise, we do not guarantee any level of uptime or response time, and the remedies in the Radiocast Promise are your sole remedies for the outages it covers.
Changes to products
We may add, change, or remove features or products. If we remove a material feature of a Paid Service you have prepaid for, we will make reasonable efforts to give advance notice and may offer an alternative or a prorated credit.
5.Alpha, beta, and preview features
Nature of preview features
Some features are labeled alpha, beta, preview, early access, or similar ("Preview Features"). Reporter is currently a Preview Feature. Preview Features are still in development and may contain errors, change without notice, be limited in availability, or be discontinued.
Terms for Preview Features
- Preview Features are provided "as is", without any warranty, service level, or support commitment, including under the Radiocast Promise.
- You should not rely on Preview Features for critical broadcasts without your own backup arrangements.
- We may limit usage, require separate consent, or charge for a Preview Feature when it becomes generally available, with notice.
- Data and content created with a Preview Feature may not carry over if the feature changes or ends.
6.AI features and generated content
How AI features work
Some features, including Reporter, the AI Assistant, and moderation, use automated and artificial intelligence systems, including models supplied by third-party providers listed in our Privacy Policy. Your inputs may be processed by those providers to produce AI Output.
No guarantee of accuracy
AI Output is generated automatically and may be inaccurate, incomplete, out of date, offensive, or similar to content generated for others. AI Output is not reviewed by Radiocast before you receive it and is not professional, legal, news, or safety advice.
Your responsibility for AI Output
- You must review AI Output before you broadcast, publish, or rely on it, and you are responsible for what you broadcast.
- You must make sure your use of AI Output complies with the law, including broadcast, advertising, defamation, and consumer protection rules.
- You must disclose AI-generated music as required by our Station Guidelines.
- You must not use AI features to impersonate a person, create deceptive content, or generate content prohibited by these Terms or the Policies.
Ownership of AI Output
As between you and Radiocast, and to the extent permitted by law, you may use AI Output generated for your account, subject to these Terms. We do not represent that AI Output is protected by copyright or that it does not infringe third-party rights.
7.License to use the Service
License grant
Subject to these Terms and payment of any applicable fees, Radiocast grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for its intended purpose.
Restrictions
Except as expressly permitted by these Terms or by law, you may not:
- copy, modify, distribute, sell, rent, lease, or sublicense the Service or any part of it;
- reverse engineer, decompile, or disassemble the Service, or try to discover its source code;
- create derivative works based on the Service;
- remove or alter any proprietary notices, labels, or marks; or
- use the Service to build a competing product or service.
Reservation of rights
All rights not expressly granted to you in these Terms are reserved by Radiocast and its licensors.
8.Acceptable use
Prohibited content
You must not upload, broadcast, publish, or promote content that:
- infringes or violates intellectual property, privacy, publicity, or other rights of others;
- is unlawful, defamatory, fraudulent, harassing, threatening, hateful, or obscene;
- sexually exploits or endangers minors in any way, including any child sexual abuse material;
- is sexually explicit and directed at, or knowingly made available to, minors;
- promotes terrorism, violent extremism, or violence against people;
- shares intimate images or recordings of someone without their consent, or shares someone's private information;
- contains malware, phishing, or any code designed to harm or gain unauthorized access; or
- breaks our Station Guidelines or Station Owner & Community Rules.
Prohibited conduct
You must not:
- stream or rebroadcast content without having all necessary rights, licenses, and permissions;
- interfere with or disrupt the Service, its servers, or networks, including by denial-of-service attacks or excessive load;
- probe, scan, or test the vulnerability of the Service, circumvent security or access controls, or access non-public areas, except as allowed under a responsible disclosure arrangement with us;
- scrape, crawl, harvest, or excessively poll the Service outside what our API Usage Policy allows, unless we give prior written consent;
- misuse Paid Services, including ad systems, sponsorships, Credits, or Reporter credits, or obtain them by fraud;
- artificially inflate listener counts, follows, votes, reviews, or rankings;
- use voice cloning, AI features, or generated content to impersonate someone or to mislead listeners;
- impersonate Radiocast, its staff, or any other person or organization;
- create accounts by automated means, or create a new account to evade a suspension or ban;
- use the Service in breach of any applicable law or regulation; or
- help or encourage anyone else to do any of the above.
Enforcement
We may investigate suspected breaches of this section and take any action we consider appropriate, including removing content, issuing strikes, suspending or terminating accounts and Stations, and reporting conduct to law enforcement. How we classify and penalize infractions is described in our Station Owner & Community Rules. We are not obligated to monitor the Service, but we may do so, including with automated tools.
9.Station owner obligations
Responsibility for your Station
If you are a Station Owner, you are responsible for your Station, everything broadcast or published on it, and the conduct of your Station Team on it, as if it were your own conduct.
Specific duties
As a Station Owner, you must:
- follow our Station Guidelines and Station Owner & Community Rules;
- flag explicit programming and disclose AI-generated music accurately;
- moderate your Station's community using the tools available to you;
- keep records of your content sources and licenses and provide them to us on reasonable request; and
- respond to our requests about your Station within any deadline we give you.
10.User content and streaming rights
Ownership
As between you and Radiocast, you retain ownership of your User Content.
License you grant to Radiocast
By making User Content available on or through the Service, you grant Radiocast a worldwide, non-exclusive, royalty-free license, sublicensable only to our service providers, to host, store, cache, reproduce, transcode, adapt, format, publicly perform, publicly display, and distribute that User Content for the purpose of operating, securing, improving, promoting, and providing the Service. This license ends when you delete the User Content or your account, except:
- for copies held in backups for a limited period, or kept as required by law;
- for User Content that others have already shared or embedded with your permission; and
- for use in materials we created to promote the Service before the license ended.
Moral rights
To the extent permitted by law, you waive, and agree not to assert, any moral rights or similar rights you may have in your User Content against Radiocast and its service providers, to the extent needed for the uses permitted by this section.
Your representations about User Content
You represent and warrant that:
- you own or have all rights, licenses, consents, and permissions needed to upload, broadcast, and use your User Content on the Service, including any musical works, sound recordings, artwork, voice recordings, and metadata;
- your User Content and our use of it under these Terms do not infringe or violate any third-party rights or any law; and
- you have the consent of every identifiable person whose voice, image, or personal information appears in your User Content, where consent is required.
Music licensing
Radiocast is a platform provider and does not provide, obtain, or pay for public performance, mechanical, synchronization, or any other music licenses or royalties on your behalf. You are solely responsible for securing all necessary rights, filing any required reports, and making all required payments for the content you stream or make available via your Stations.
Removal of User Content
We may remove, disable, or refuse to publish any User Content, at any time and without prior notice, if we reasonably believe it breaches these Terms or the Policies, infringes someone's rights, or creates legal or safety risk.
Backups
You are responsible for keeping your own copies of your User Content. Although we take reasonable steps to protect data, we do not guarantee that User Content will not be lost or corrupted.
11.Copyright and DMCA
Our policy
We respect intellectual property rights and respond to notices of alleged copyright infringement in line with the Digital Millennium Copyright Act, 17 U.S.C. § 512 ("DMCA"), and other applicable laws. Send notices and counter-notices to [email protected].
Infringement notices
To be effective, your notice must be in writing and include:
- a physical or electronic signature of a person authorized to act on behalf of the copyright owner;
- identification of the copyrighted work claimed to be infringed, or a representative list if multiple works are covered;
- identification of the material claimed to be infringing and information reasonably sufficient for us to locate it, such as the Station name and URL;
- your name, address, telephone number, and email address;
- a statement that you have a good faith belief that the use is not authorized by the copyright owner, its agent, or the law; and
- a statement that the information in the notice is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Counter-notices
If your content was removed and you believe that was a mistake or misidentification, you may send a counter-notice that includes:
- your physical or electronic signature;
- identification of the material that was removed and where it appeared before removal;
- a statement under penalty of perjury that you have a good faith belief the material was removed as a result of mistake or misidentification;
- your name, address, and telephone number; and
- a statement that you consent to the jurisdiction of the federal district court for the judicial district in which your address is located (or, if your address is outside the United States, any judicial district in which Radiocast may be found), and that you will accept service of process from the person who sent the original notice or that person's agent.
We may restore the material 10 to 14 business days after receiving a valid counter-notice unless the person who sent the original notice tells us they have filed a court action to restrain the alleged infringement.
Repeat infringers
We terminate, in appropriate circumstances, the accounts and Stations of users who are repeat infringers. Our repeat infringer approach is described in the Station Owner & Community Rules.
Misrepresentations
Under 17 U.S.C. § 512(f), anyone who knowingly and materially misrepresents that material is infringing, or that it was removed by mistake, may be liable for damages. Consider getting legal advice before sending a notice or counter-notice.
12.Feedback
If you send us ideas, suggestions, or other feedback about the Service, you grant Radiocast a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate that feedback for any purpose, without obligation or compensation to you. Feedback does not include your User Content.
13.Fees, payments, and credits
Fees
You agree to pay the fees for the Paid Services you order, as shown at the time of order or in your billing portal. Unless stated otherwise, fees are in U.S. dollars.
Payment processing
Payments are processed by third-party providers, such as Stripe, and recorded in our billing portal. You authorize us and our payment providers to charge your payment method for all applicable fees and taxes. Your use of a payment provider is also subject to that provider's terms.
Taxes
Fees do not include taxes unless stated. You are responsible for all sales, use, value-added, goods and services, and similar taxes, other than taxes on our income, and we may collect them where required by law.
Automatic renewal and cancellation
- Subscriptions renew automatically at the end of each billing period at the then-current price until canceled.
- You can cancel in your account or billing portal. Cancellation takes effect at the end of the current billing period, and you keep access until then.
- Where the law requires a specific cancellation method or reminder notice, we will follow it.
Refunds
Unless stated otherwise in an offer or the Radiocast Promise, fees are non-refundable to the fullest extent permitted by law, including for partial billing periods and unused Credits. This does not affect any statutory rights that cannot be excluded.
Price changes
We may change our prices. For existing subscriptions, we will give you at least 30 days' notice before a price increase takes effect, and the new price will apply from your next billing period after that notice. If you do not agree, you may cancel before the increase takes effect.
Failed and late payments
If a payment fails or is late, we may retry the charge, suspend the affected Paid Services, or downgrade your plan until the balance is paid. Content above the limits of your remaining plan may become unavailable or, after notice, be deleted.
Chargebacks and disputes
Please contact us before disputing a charge with your bank or card issuer. If you file a chargeback for fees you owe, we may suspend your account until the dispute is resolved, and we may recover the disputed amount and any related fees where permitted by law.
Credits
- Credits, including Reporter credits, are a limited license to use certain features. They are not money, have no cash value, and are not redeemable for cash.
- Credits cannot be transferred, sold, or exchanged outside the Service.
- Credits may expire, be limited, or change as described in the store or your plan.
- Credits obtained by fraud, error, or in breach of these Terms may be removed.
- Unused Credits are forfeited when your account is terminated for breach of these Terms, to the extent permitted by law.
Promotions and discounts
Promotional offers and discounts have their own terms, published with the offer, and apply in addition to these Terms. We may end or change a promotion at any time, but not retroactively for offers you have already accepted.
Review invitations
After you make a purchase, we may share your email address with Trustpilot so it can invite you to review your experience. See our Privacy Policy.
14.Advertising and sponsored content
Your obligations
- If you run audio ads or sponsored placements, you must comply with all applicable laws and advertising standards.
- You must clearly disclose paid or sponsored content where the law or our Policies require it.
- You are responsible for the accuracy of your ads and for any claims you make in them.
Our rights
We may reject, pause, or remove ads or sponsored content that we consider inappropriate, unlawful, misleading, or disruptive. We do not guarantee any number of impressions, listeners, clicks, or results from any promotional placement.
15.Third-party services and links
The Service may reference or integrate third-party services, such as sign-in providers, payment providers, AI providers, embedded media, and links to other websites. We do not control and are not responsible for third-party content, services, policies, or practices. Your use of third-party services is at your own risk and subject to their terms and privacy policies. A link to a third-party service does not mean we endorse it.
16.Privacy and cookies
Your use of the Service is also subject to our Privacy Policy, which explains how we collect, use, and share information, and our use of cookies and similar technologies. Where required, we will obtain your consent for non-essential cookies. If you run a Station or Radiocast Site that collects information from listeners or visitors, you are responsible for giving them any notices and obtaining any consents the law requires.
17.Suspension and termination
Termination by you
You may stop using the Service at any time. You can close your account by contacting us or using the tools in your account. Closing your account does not cancel amounts already owed and, unless stated otherwise, does not entitle you to a refund.
Suspension by us
We may suspend all or part of your access to the Service, with or without notice, if we reasonably believe that:
- you have breached these Terms or the Policies, including our Station Guidelines and Station Owner & Community Rules;
- your use creates a security, legal, or safety risk, or may harm the Service or other users;
- you have not paid fees when due; or
- suspension is required by law or by a court, regulator, or law enforcement authority.
Termination by us
We may terminate your account, Stations, or access to the Service if you seriously or repeatedly breach these Terms or the Policies, if we are required to by law, or if we stop offering the Service. The Station Owner & Community Rules explain how we classify infractions, from warnings for minor issues to permanent termination for critical ones. Where reasonably possible and lawful, we will tell you the reason for termination.
Effect of termination
- The rights and licenses granted to you under these Terms end immediately.
- Your Stations stop broadcasting, and your listings and public pages are removed.
- Any fees owed up to the date of termination remain payable.
- We may delete your User Content and account data after termination, subject to our Privacy Policy and our legal obligations.
Exporting your data
Unless your account was terminated for a serious breach, for legal reasons, or to prevent harm, we will make reasonable efforts to give you a reasonable period after termination to request an export of your media and account data. After that period, we have no obligation to keep your data.
Survival
Provisions which by their nature should survive termination will survive, including those on User Content licenses already granted, feedback, fees owed, Credits, intellectual property, warranty disclaimers, limitation of liability, indemnification, export controls, governing law, and the general provisions.
18.Radiocast intellectual property
Radiocast, the Website, the Service, our software, designs, logos, and trademarks, and associated intellectual property are owned by or licensed to Radiocast and are protected by law. Except for the limited rights expressly granted in these Terms, no rights are transferred to you. You may not use our name, logos, or trademarks without our prior written permission, except to accurately state that your Station is hosted on Radiocast.
19.Warranty disclaimer
To the fullest extent permitted by law, the Website and Service, including Preview Features and AI Output, are provided "AS IS" and "AS AVAILABLE" without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment, and non-infringement. We do not warrant that:
- the Service will be uninterrupted, timely, secure, or error-free;
- defects will be corrected, or that the Service is free of viruses or other harmful components;
- AI Output, including Reporter output and AI Assistant answers, will be accurate, complete, or lawful to broadcast; or
- the Service will meet your requirements or produce any particular audience, ranking, or revenue.
Some jurisdictions do not allow the exclusion of certain warranties, so some of these exclusions may not apply to you.
20.Limitation of liability
Excluded damages
To the fullest extent permitted by law, Radiocast and its affiliates, officers, directors, employees, agents, licensors, and service providers will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or any loss of profits, revenues, data, use, audience, or goodwill, arising out of or related to these Terms or your use of or inability to use the Service, even if advised of the possibility of such damages.
Liability cap
To the fullest extent permitted by law, our aggregate liability for all claims arising out of or relating to these Terms or the Service will not exceed the greater of the amounts you paid to us for the Paid Services giving rise to the claim in the 12 months preceding the event or USD $100.
Scope and exceptions
These limitations apply to all theories of liability, including contract, tort (including negligence), strict liability, and statute, and even if a limited remedy fails of its essential purpose. They do not limit liability that cannot be limited under applicable law, such as liability for fraud or for death or personal injury caused by negligence where the law does not allow it to be limited.
21.Indemnification
Your obligation
You agree to defend, indemnify, and hold harmless Radiocast and its affiliates, and their respective officers, directors, employees, and agents, from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to:
- your User Content, including any claim that it infringes someone's rights or that you lacked required music licenses;
- your use of the Service, including use by your Station Team;
- your breach of these Terms or the Policies; or
- your violation of any law or the rights of a third party.
Procedure
We will notify you of any claim for which we seek indemnification, although a delay in notice relieves you of your obligations only to the extent it materially prejudices you. We may control the defense of any claim, in which case you will cooperate with us. You may not settle a claim that imposes any obligation or admission on us without our prior written consent.
22.Export controls and sanctions
You represent and agree that:
- you are not located in, ordinarily resident in, or organized under the laws of any country or region subject to comprehensive U.S. sanctions;
- you are not on any U.S. government list of prohibited or restricted parties, and you are not owned or controlled by anyone who is; and
- you will not use, export, or re-export the Service in breach of U.S. or other applicable export control or sanctions laws.
We may suspend or terminate access immediately if we believe these representations are untrue.
23.Governing law and disputes
Governing law
To the extent permitted by law, these Terms and any dispute arising out of or related to them or the Service will be governed by the laws of the United States and the jurisdiction where Radiocast is organized, without regard to conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Informal resolution
Before starting formal proceedings, you agree to contact us at [email protected] with a description of the dispute and to try in good faith to resolve it informally for at least 30 days. This does not prevent either party from seeking urgent injunctive relief.
Venue
Venue will lie in the competent courts located in the jurisdiction where Radiocast is organized, unless applicable law requires otherwise. Nothing in these Terms removes mandatory consumer protection rights you have under the laws of the place where you live.
Moderation decisions
Disputes about content moderation and enforcement decisions should first go through the appeal process in our Station Owner & Community Rules.
24.General provisions
Force majeure
We are not liable for any delay or failure to perform caused by events beyond our reasonable control, including natural disasters, pandemics, war, terrorism, civil unrest, labor disputes, government action, power or internet failures, failures of hosting or infrastructure providers, and cyberattacks.
Assignment
You may not assign or transfer these Terms or any rights under them without our prior written consent. We may assign these Terms, in whole or in part, including in connection with a merger, acquisition, reorganization, or sale of assets. Any attempted assignment in breach of this section is void.
Severability
If any provision of these Terms is held invalid or unenforceable, it will be enforced to the maximum extent permitted and modified to the minimum extent necessary, and the remaining provisions will remain in full force and effect.
No waiver
Our failure or delay in enforcing any provision of these Terms is not a waiver of our right to enforce it later. A waiver is effective only if made in writing.
Entire agreement
These Terms, together with the Policies and any order or offer terms, are the entire agreement between you and Radiocast about the Service and replace any prior agreements or understandings on that subject.
Notices
We may give you notice by email to the address on your account, in the Service, or by posting on the Website. Notice by email is effective when sent. You must send legal notices to us at [email protected], and they are effective when we receive them.
Relationship of the parties
You and Radiocast are independent contractors. These Terms do not create a partnership, joint venture, employment, or agency relationship.
No third-party beneficiaries
These Terms do not give any rights to third parties, except that the persons protected by the Limitation of liability and Indemnification sections may rely on them.
Language and headings
These Terms are written in English. If we provide a translation, the English version controls to the extent of any conflict. Section headings and numbering are for convenience only.
25.Changes and contact
Changes to these Terms
We may modify these Terms from time to time. If we make material changes, we will post the updated Terms on the Website, update the "Last updated" date above, and, where appropriate, notify you by email or in the Service before the changes take effect. Your continued use of the Service after the changes take effect constitutes acceptance of the updated Terms. If you do not agree, you must stop using the Service and may close your account.
Contact
Questions about these Terms can be sent to [email protected].