Broadcastlive Terms and Conditions of Use
Last updated on 30/07/2021
Welcome to our Terms and Conditions of Use. Since they affect your legal rights, we recommend that you read them carefully.
Thanks for choosing Broadcastlive – a service for listening to the radio online that is provided by ZWIDEAFRIKA trading by the name Broadcastlive, a company registered under the laws of the Republic of South Africa, located at Roodepoort, Johannesburg.By signing up or otherwise using the BROADCASTLIVE service, websites, and software applications (together, the “BROADCASTLIVE Service” or “Service”) or accessing any content or material (the “Content”, “User Content”) that is made available by BROADCASTLIVE through the Service, You (“user(s)”, “subscriber(s), “visitor(s)”) are entering into a binding contract with Broadcastlive.
BROADCASTLIVE may modify the Agreement at any time, and such modifications shall be effective immediately upon posting of the modified Agreement on the website. You agree to review the Agreement periodically to be aware of such modifications and your continued access or use of the BROADCASTLIVE Service shall be deemed your conclusive acceptance of the modified Agreement.
- BROADCASTLIVE Service
BROADCASTLIVE is one of the directories of online streaming radio stations, providing users with access to radio stations from around the world through our mobile application or website. BROADCASTLIVE’s goal is to make tuning to your favorite stations just quick, fun and enjoyable. Whatever your preferences are, Broadcastlive is always ready to provide you with music genres lists, station news, podcasts, shows list, and even more.
We provide you with the Service through the website broadcastlive.co.za(“Website”) and through mobile applications for IOS and Android. Access to the Website is free of charge. If applicable, you must register on the Website, communicate certain data and possibly create an access code or a password to use any other (if any) additional services such as saving your preferences (“Other Services”).
If there are charges for access to a certain part of the Service, you will be informed about such charges before you opt-in.
- Use of the service
3.1. General Policy
BROADCASTLIVE provides the Website and the Content on “as is” basis and does not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title or noninfringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to the Service.
You assume total responsibility and risk for your use of the Website and the Internet.
It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the service or on the internet generally.
BROADCASTLIVE does not warrant that the Service will be uninterrupted or error-free or that defects in the service will be corrected expeditiously. You are responsible for implementing sufficient procedures and checks to satisfy your particular requirements for accuracy of data input and output, and for maintaining means external to the Website for the reconstruction of any lost data (due to viruses attacks etc).
You understand further that the Internet by its very nature contains unedited materials some of which are sexually explicit or may be offensive to you. Your access to such materials is at your risk. BROADCASTLIVE has no control over and accepts no responsibility whatsoever for such materials.
3.2. User Content
Where it is contemplated by the functionality of the Website or BROADCASTLIVE mobile applications, you may post your own content on the Website or within such applications (“User Content”).
With respect to the User Content, you guarantee that
(1) you have the right to post such User Content, and
(2) such User Content, or its use by BROADCASTLIVE as contemplated by the Agreement, does not violate the Agreement, applicable laws, and the rights of third parties, such as intellectual property rights, right to privacy and respect for private and family life, right to respect for honor, dignity and reputation, or other rights of such third parties, and
(3) such User Content does not imply any affiliation with or endorsement of you or your User Content with BROADCASTLIVE or any artist, band, label, entity or individual without express written consent from such individual or entity.
In all cases, we reserve the right to remove or disable access to any User Content for any or no reason, including but not limited to the cases when the User Content, in BROADCASTLIVE’s sole discretion, violates the Agreement. We may take these actions without prior notification to you or any third party. Removal or disabling of access to the User Content shall be at our sole discretion, and we do not promise to remove or disable access to any specific User Content.
You agree to grant to BROADCASTLIVE a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any User Content you submit to any public areas of the Website or by e-mail or any other means to BROADCASTLIVE (including materials and other information, as well as ideas contained therein for new or improved products and services). You also grant to BROADCASTLIVE the right to use your name in connection with the submitted User Content as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against any alleged or actual infringement or misappropriation of any proprietary right in your communications to BROADCASTLIVE.
3.3. Third Parties’ Services
The BROADCASTLIVE Service is integrated with third party applications, websites, and radio services to make available content, products, and/or services to you. BROADCASTLIVE makes no representations whatsoever about any of those websites which you may access through the BROADCASTLIVE Service. When you access a non-BROADCASTLIVE website, please understand that it is independent from BROADCASTLIVE, and that BROADCASTLIVE has no control over the content on that website. These third parties’ websites and services may have their own terms and conditions of use and privacy policies, and your use of these third party’s websites will be governed by and subject to such terms and conditions and privacy policies. In addition, a link to any third party’s website or service available on the BROADCASTLIVE Website does not mean that BROADCASTLIVE endorses the use or accepts any responsibility for the content of such website/service.
- Intellectual Property Rights
The entire Content of the Website is protected by intellectual property laws and international conventions. The owners of the intellectual property rights to the Content are BROADCASTLIVE, its affiliates or other third parties.
It is prohibited to modify, copy, reproduce, republish, upload, post, transmit, or distribute, in any manner, the Content of the Website, including texts, graphics, programming code and/or software.
Though we are the owner or the licensee of intellectual property rights in the Website, we do not own the intellectual property rights to the audio and video content made available for streaming on the Website and owned by third parties.
By its nature the BROADCASTLIVE Service acts as an intermediary platform embedding the links to the audio and video content broadcasted and communicated to the public by third parties. Being merely an intermediary, in no case BROADCASTLIVE broadcasts or communicates the content owned by third parties to the public.
While embedding any link in the BROADCASTLIVE Service, we guarantee that:
- the link and content thereof were freely accessible on the Internet;
- all the links and third parties’ content remain unaltered;
- the content is played from the same source and in the same way as if it was played on the original platform.
We consider all the Users of BROADCASTLIVE Service as potential recipients of the original communication, since the inclusion of the embedded link to the Service does not open up the content to any new public. BROADCASTLIVE does not assume any responsibility for the legitimacy of the original communication.
In no case BROADCASTLIVE intends to appropriate the third parties’ content. All the intellectual property rights to such content remain in the owners and licensors of the respective radio stations and streaming platforms.
Broadcastlive highly respects and values intellectual property rights and strongly condemns any infringements thereof. If you believe that any BROADCASTLIVE Content infringes your intellectual property rights or other rights, or you are the owner of any content embedded in or listed on the BROADCASTLIVE Service and you want to alter or delete your content, please contact us at email@example.com
4.1. The use of the Content
You may stream the audio or video content available in the Service solely by means of the audio player embedded in or facilitated by the Service. You must not use any part of the Content for commercial purposes without obtaining a license to do so from us,the radio station provider or the owner of the streaming platform. If you print off, copy or download any part of our Website or applications in breach of these Terms, your right to use our Service will cease immediately and you must, at our option, return or destroy any copies of the Content you have made.
We grant you a limited, non-exclusive, revocable license to use the BROADCASTLIVE Service for personal, non-commercial, entertainment purposes. This license shall remain in effect until and unless terminated by you or BROADCASTLIVE. You may use the Service and the Content only within the license granted hereunder.
You agree to be provided with advertising and other information to you, and to allow our business partners to do the same. In any part of the BROADCASTLIVE Service, the Content you view, including its selection and placement, may be influenced by commercial considerations, including agreements with third parties. Some Content licensed or provided to BROADCASTLIVE may contain advertising as part of the Content. In such cases, BROADCASTLIVE will make such Content available to you unmodified.
- Limitation of liability
You agree that, to the extent permitted by applicable laws, your sole and exclusive remedy for any problems or dissatisfaction with the BROADCASTLIVE service is to uninstall any BROADCASTLIVE software and to stop using the BROADCASTLIVE Service.
While we accept no responsibility for third party websites, services or the content thereof, and while your relationship with such third parties websites and services may be governed by separate agreements with such third parties, to the extent permitted by applicable law, your sole and exclusive remedy, as with respect to Broadcastlive, for any problems or dissatisfaction with third parties websites, services or the content thereof, is to uninstall and/or stop using any such third parties websites or services.
In no event will Broadcastlive be liable for (i) any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the service, or any information, or transactions provided on the service, or downloaded from the service, or any delay of such information or service. Even if Broadcastlive or its authorized representatives have been advised of the possibility of such damages, or (ii) any claim attributable to errors, omissions, or other inaccuracies in the service and/or materials or information downloaded through the service(if applicable). Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such jurisdictions our liability is limited to the greatest extent permitted by law.
You agree to indemnify, defend and hold harmless BROADCASTLIVE, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service on your behalf or as a result of the said violation.
This Agreement may be terminated by either party without notice at any time for any reason. In particular, we may immediately terminate this Agreement in case you breach your obligations under sections “Intellectual Property Rights”, Copyright, “Use of the ServiceWebsSite” hereof. The provisions of the sections “Intellectual Property Rights”, “Use of the Service”, “Indemnification”, and “Governing Law” shall survive any termination of this Agreement.
- Governing law and dispute resolution
Unless otherwise required by a mandatory law of a Member State of the European Union or any other jurisdiction, the Agreement and any non-contractual disputes and claims arising out of or in connection with the Services are subject to the laws of South Africawithout recourse to the conflict of laws principles.
Therefore,all the disputes arising out of or in connection to the Agreement, as well as any non-contractual disputes and claims arising out of or in connection with the Services, if not resolved amicably in the course of negotiations, shall be finally settled by the competent court of Poland.
BROADCASTLIVE may assign the Agreement or any part of it, and BROADCASTLIVE may delegate any of its obligations under the Agreement. You may not assign the Agreement or any part of it, nor transfer or sublicense your rights under the Agreement to any third party.
- Contact us
If you have any questions concerning the BROADCASTLIVE Service or the Terms, please contact us by email at firstname.lastname@example.org.
Thank you for taking the time to read our Terms.