YouBroadcastNetwork.com - Terms and Conditions
By using our site, you hereby agree to the Terms of Service and cancellation policy.
TERMS OF SERVICE
a. Any Broadcast Shows relayed by You to YouBroadcastNetwork from a web site or other source owned and operated not by You but by a third party, as well as any other programming or other materials obtained by You from a source owned and operated not by You but by a third party ("Derived Shows") must be authorized by the owner(s) or licensees of the original Shows from which such Broadcast Shows are derived. In the event You choose to create Derived Shows for transmission via the Site, You represent and warrant that You have obtained all authorization necessary to allow such Derived Shows to be transmitted to the public via the Site, including any necessary licenses required under the Digital Millennium Copyright Act (the "DMCA"), United States Copyright Law, and any other applicable copyright laws.
c. With respect to your archiving of Broadcast Shows on the Site, YouBroadcastNetwork shall provide You with storage space on YouBroadcastNetwork's servers at its sole discretion and/or in accordance with the then-existing storage policies of YouBroadcastNetwork as specified on the Site, which storage space may be made available with or without the imposition of fees. You agree not to exceed whatever storage space, if any, that may be allotted to you by YouBroadcastNetwork, which storage space may be modified by YouBroadcastNetwork at any time in its sole discretion, subject only to other express terms posted on the Site or specified elsewhere in this Agreement.
d. You agree not to post, upload, transmit to, or cause to be broadcasted via the Site or to YouBroadcastNetwork's servers, through data upload or broadcasting of audio content, any sound recordings, communications, text, graphics or other information (collectively, "Material") that:
* is obscene, indecent, offensive, libelous, pornographic, hateful, racially or ethnically offensive, defamatory, unreasonably violent, threatening, intimidating or harassing;
* contains falsehoods or misrepresentations that could damage YouBroadcastNetwork or any other person;
* contains any viruses, Trojan horses, worms, or other disabling devices or harmful components intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
* advocates or encourages any illegal activity;
* infringes on the intellectual property or other legal rights of YouBroadcastNetwork or others;
* violates the privacy of others, including other users of the Site, or impersonates another person;
* gives rise to any civil liability or violates any applicable law, regulation, treaty or tariff; or
* violates the acceptable use policies of any networks, machines, or Services which are accessed through YouBroadcastNetwork's network.
e. YouBroadcastNetwork, in its sole discretion, shall determine your compliance with the foregoing prohibitions set forth in this subparagraph d, 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 (including, without limitation, Material which it deems to be objectionable to any of its other customers or advertisers) or to take any other action with respect to your Broadcast Shows, or any other material posted by you on the Site.
g. Your use of the Site may not impose an unreasonable or disproportionately large load (as determined by YouBroadcastNetwork in light of the load imposed by other users generally) on YouBroadcastNetwork'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 YouBroadcastNetwork or any of its business partners. You may not attempt to gain unauthorized access to the YouBroadcastNetwork infrastructure or to interfere or disrupt the service. You further agree not to solicit any users of the Site for commercial purposes.
h. You agree to comply with all laws and regulations applicable to your use of the Site and any materials you upload to, import onto or transmit via YouBroadcastNetwork's servers.
i. You may not make available on any other website or in any other medium any Broadcast Shows generated by or transmitted via the Site or YouBroadcastNetwork's servers; notwithstanding the foregoing, however, you may make Broadcast Shows that you have created available on websites that are wholly owned and controlled by You. Any links directing users of the Site to the audio files associated with any Broadcast Shows must be links provided to You by YouBroadcastNetwork; as such, direct linking/embedding of audio files by You is not allowed. YouBroadcastNetwork reserves the right to protect its business and thus users of the Site who attempt to bypass the YouBroadcastNetwork home page will have all of their content (audio, video, flash, images, etc.) removed from the Site at YouBroadcastNetwork's sole discretion. Users who violate this regulation may also be blocked from recording, uploading or playing any further content across YouBroadcastNetwork's network of sites. A conspicuous link back to http://www.YouBroadcastNetwork.com must be placed on any site on which any YouBroadcastNetwork users embed images or the audio files associated with any Broadcast Shows. YouBroadcastNetwork reserves the right to disable direct linking on user accounts that are using excessive bandwidth or otherwise abusing the system.
j. You will be exclusively responsible for the entire content of each Broadcast Program created or hosted by you or under your authority, including the content that You generate as well as any content contributed in any manner by any guest or caller.
General Terms and Conditions. You acknowledge and agree that YouBroadcastNetwork may: (i) serve banner advertisements, audio advertisements and other forms of advertisements and promotions in connection with your Broadcast Shows or Host Page; (ii) derive sponsorship revenue, commissions, syndication fees, and other forms of revenue based on or in connection with your Broadcast Shows and/or Host Page; and (iii) include your user name and descriptions of your Broadcast Shows and/or Host Page in a directory on the Site and in promotions associated with the Site. You agree not to block, delete or otherwise interfere with YouBroadcastNetwork's ability to display advertising or sponsored content on, or related to, the Site and/or your Broadcast Shows. You agree that YouBroadcastNetwork has the right to place and conduct all advertisements, sponsorships and promotions in connection with your Broadcast Shows and/or Host Page, and to collect all forms of commissions and other revenue associated therewith, without compensation to you of any kind, except as expressly provided below. The timing, frequency, placement and extent of advertising, sponsorships and promotions by YouBroadcastNetwork in connection with your Broadcast Shows and/or Host Page is subject to change and shall be determined by YouBroadcastNetwork in its sole discretion. You may incorporate any advertising, or conduct any other paid sponsorship or promotional activities in connection with your Broadcast Shows or Host Page. You may secure sponsors and/or advertisers in connection with Your Broadcast Shows and/or Host Page, You will be entitled to collect commissions and revenues in connection with such sponsors and/or advertisers. Advertisement Insertion. YouBroadcastNetwork will display hyper-linked advertisements ("Ads") on in connection with the transmission of your Broadcast Shows, Host Page and audio player, and/or will insert advertisements before, during or after your archived audio.
7. Representations and Warranties
a. You have full right and power to enter into and perform this Agreement, and have secured all third-party consents necessary to enter into this Agreement;
b. All factual assertions that You have made and will make to YouBroadcastNetwork are true and complete;
c. You are of the age of majority and have the full and complete right to agree to the terms contained in this Agreement;
d. Neither your Broadcast Shows nor any parts thereof defame any third parties, constitute impermissible hate speech or otherwise violate any rights of free speech of any third parties;
e. Neither your Broadcast Shows nor any parts thereof infringe upon the copyright or any other statutory or common-law intellectual property rights (including, without limitation, trademark, service mark, and trade name rights), proprietary rights (including without limitation trade secrets), or rights of privacy or publicity of any third party;
f. You own or have the necessary licenses, rights, consents, and permissions to use and to authorize YouBroadcastNetwork to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Broadcast Shows and the content thereof to enable inclusion and use of the same in the manner contemplated by the Site and this Agreement;
g. You have the written consent, release, and/or permission of each and every identifiable individual person included in the content of your Broadcast Shows to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the same in the manner contemplated by the Site and this Agreement;
h. With respect to each musical recording uploaded by you to YouBroadcastNetwork, either you own or control all rights in any such sound recording;
i. You understand that when using the Site, you will be exposed to Broadcast Shows and other content from a variety of sources, and that YouBroadcastNetwork is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Broadcast Shows and the content thereof. You further understand and acknowledge that you may be exposed to Broadcast Shows and other content that are inaccurate, offensive, indecent, or objectionable, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against YouBroadcastNetwork with respect thereto, and agree to indemnify and hold YouBroadcastNetwork, iits owners, operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Site.
12. Further Actions Necessary
13. Complete and Total Consideration
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(iii) 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 the service provider to locate the material;
(iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
(v) A statement that you have 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; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
B. Counter Notifications should be sent to YouBroadcastNetwork's Designated Agent at abuse@YouBroadcastNetwork.com. If you elect to send us a counter notice, to be effective it must be a written communication that includes the following (please consult your legal counsel or See 17 U.S.C. Section 512(g)(3) to confirm these requirements):
(i) A physical or electronic signature of the subscriber.
(ii) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
(iii) A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
(iv) The subscriber's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which [NAME OF THIRD PARTY APPLICATION DEVELOPER] may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
WITHOUT LIMITING THE FOREGOING PROVISIONS OF THIS SECTION, YOUBROADCASTNETWORK SHALL HAVE NO LIABILITY FOR ANY LOSSES OR INJURIES, WHETHER IN CONTRACT, TORT, WARRANTY OR OTHERWISE, OR FOR ANY LOST PROFITS OR DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING, IN WHOLE OR IN PART, FROM:
1. YouBroadcastNetwork's actions, omissions or negligence, or for contingencies beyond its control, in procuring, compiling, or delivering the Information, the Site or the Services (including the Non-Sponsor 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 in connection with the Site, whether such Information is posted;
4. your use of, or reliance on the Information, or from the use by You of the Internet generally;
5. your use of, or the inability to use, the Services (including the Non-Sponsor Services) or the Site, even if YouBroadcastNetwork has been advised of the possibility of such damages;
6. any unauthorized access to or use of YouBroadcastNetwork's servers and/or any and all personal information and/or financial information stored therein; and
7. any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through the Site by any third party;
Effective Date: 05/19/16
YouBroadcastNetwork respects the privacy of every individual who visits our Web sites, responds to our interactive advertisements or sends us e-mail. This Privacy and Security Statement outlines the information YouBroadcastNetwork will collect and how we will use that information. This Statement will also instruct you on what to do if you do not want your personal information collected or shared when you visit the YouBroadcastNetwork Web sites, respond to our Web-based advertisements or send us email.
The security of your personal information is important to us. If you enter sensitive information (such as credit card number) on our registration or order forms, we encrypt that information using secure socket layer technology (SSL).
We follow generally accepted industry standards to protect the personally identifiable information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.
If you have any questions about security on our Web site, you can email us at firstname.lastname@example.org
3. Personally-Identifiable Information
YouBroadcastNetwork will not collect any personally-identifiable information about you unless you provide it to us voluntarily. Personally-identifiable information includes your name, address, telephone number, credit card information and e-mail address.
If you do not want your personally identifiable information collected, please do not submit it to us. If you have already submitted this information and would like for us to remove it from our records, please contact us at the email address listed at the bottom of this Statement. We will use reasonable efforts to delete your information from our existing files.
When you do provide us with personally identifiable information, we may use that information in the following ways, unless stated otherwise:
We may store and process that information to better understand all customer needs and how we can improve our products and services for all customers.
We may use that information to contact you with new promotions and announcements if you have previously provided your permission and if the promotions and announcements are in your interest.
We may contact you if we have questions about your account.
YouBroadcastNetwork will not sell, share or rent personally identifiable information to third parties, unless we tell you we are going to do so at the time we collect your personally identifiable information. We are committed to giving you the choice of whether or not we use your information for marketing purposes.
YouBroadcastNetwork has no intention of collecting any personally-identifiable information from individuals under 18 years of age. Where appropriate, YouBroadcastNetwork will specifically instruct children not to submit such information on our Web sites or advertisements without consent of a parent or guardian. If a child has provided us with personally-identifiable information without the consent of a parent or guardian, then that child's parent or guardian should contact us at the e-mail address listed at the bottom of this Statement if they would like this information deleted from our records. We will use reasonable efforts to delete the child's information from our existing files.
5. Non-Personally Identifiable Information
In some cases, we may collect information about you that is not personally identifiable. Examples of this type of information include the type of Internet Browser you are using, the type of computer operating system you are using, and the domain name of the Web site and/or Internet Service Provider from which you linked to our site or advertisement.
Similar to personally-identifiable information, we will not sell non-personally-identifiable information to third parties other than our business partners, unless we tell you we are going to do so at the time we collect the information.
When you view one of our Web sites or advertisements, we may store some information on your computer. This information will be in the form of a "Cookie" or similar file and will be used to determine ways to improve our Web sites, advertisements, products or services. We do link the information we store in cookies to any personally identifiable information you submit while on our site. We use both session ID cookies and persistent cookies. A session ID cookie expires when you close your browser. A persistent cookie remains on your hard drive for an extended period of time. For example, Cookies allow us to tailor a Web site to better match your interests and preferences. With most Internet Browsers, you can erase Cookies from your computer hard drive, block all Cookies, or receive a warning before a Cookie is stored. Please refer to your Browser instructions or help screen to learn more about these functions. If you reject cookies, you may still use our site, but your ability to use some areas of our site, will be limited.
7. Log Files
As is true of most Web sites, we gather certain information automatically and store it in log files. This information includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data. We use this information, which does not identify individual users, to analyze trends, to administer the site, to track users’ movements around the site and to gather demographic information about our user base as a whole.
8. Declining E-mail Offers
As outlined in Section 3 of this Statement, we will only send email promotions or announcements to you if you have previously provided your permission for us to do so. Although many customers tell us they appreciate receiving notice of these carefully designed promotions and announcements, we recognize the importance of providing you with choices. At any time, you may remove your name from our e-mail list by contacting us at our e-mail address info@fo@YouBroadcastNetwork.com. All e-mail offers that you receive from YouBroadcastNetwork will inform you of how to decline receiving further email offers.
9. Third Party Service Providers
We use other third parties such as a credit card processing company to bill you for goods and services and an email service provider to send out emails on our behalf. We use live chat software to allow you to chat with hosts during their broadcasts. When you sign up for our services, we will share your credit card information with a credit card processing company in order to charge the appropriate fees. We will share your personal information only as necessary for the third party to provide that service.
10. Legal Disclaimer
We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, or legal process served on our Web site. We will also share your personal information with any other third party with your prior consent to do so.
If YouBroadcastNetwork is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on our Web site of any change in ownership or uses of your personal information, as well as any choices you may have regarding your personal information.
11. Who to Contact
If you have submitted personally-identifiable information through a YouBroadcastNetwork™ Web site or interactive advertisement, and would like that information deleted from our records, please contact us at our e-mail address info@YouBroadcastNetwork.com. We will use reasonable efforts to delete this information from our existing files and respond to your request within 30 days. We will retain your information for as long as your account is active or as needed to provide you services. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
12. Access to Personal Information
If your personally identifiable information changes, or if you no longer desire our service, you may correct, update or delete your personal information or profile by logging into your account or sending an email to info@ YouBroadcastNetwork.com.
If you wish to update your privacy settings you may do so by logging into your account and accessing your account management page.
If you wish to request the deletion of an unauthorized profile you may do so by emailing info@ YouBroadcastNetwork.com.
13. Social Media Connect and Widgets
You can log in to our site using sign-in services such as Facebook Connect or Gmail log in. These services will authenticate your identity and provide you the option to share certain personal information with us such as your name and email address to pre-populate our sign up form. Services like Facebook Connect give you the option to post information about your activities on this Web site to your profile page to share with others within your network.
We post customer testimonials on our web site which may contain personally identifiable information. We do obtain the customer's consent via email prior to posting the testimonial to post their name along with their testimonial. If you wish to have your testimonial removed you my contact us at privacy@ YouBroadcastNetwork.com.
15. Public Forums
Our Web site offers publicly accessible blogs or community forums. You should be aware that any information you provide in these areas may be read, collected, and used by others who access them. To request removal of your personal information from our blog or community forum, contact us at privacy@ YouBroadcastNetwork.com.com. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why.
16. Public Directory
If you register as a host, we will list you in our publicly accessible member directory. If you do not want to be listed in our directory you may choose to register only as a listener, or you may delete your account at any time by contacting us at privacy@YouBroadcastNetwork.com.
17. Revisions to this Policy
18. Third Parties
The Site contains links to web sites of third parties. YouBroadcastNetwork is not responsible for the actions of these third parties, including their privacy practices and any content posted on their web sites. We encourage you to review their privacy policies to learn more about what, why and how they collect and use personal information. (Publisher) adheres to industry recognized standards to secure any personal information in our possession, and to secure it from unauthorized access and tampering. However, as is true with all online actions, it is possible that third parties may unlawfully intercept transmissions of personal information, or other users of the Site may misuse or abuse your personal information that they may collect from the Site.
YouBroadcastNetwork uses third-party advertising companies to serve our ads on the Site. These third-party advertising companies employ cookie and 1x1 pixel .gifs or web beacons to measure and improve the effectiveness of ads for their clients. To do so, these companies may use anonymous information about your visits to our website and other websites, but will not collect any information which can personally identify you or can be linked to you. This information can include: date/time of banner ad shown, the banner ad that was shown, their cookie, and the IP address. This information can also be used for online preference marketing purposes.
If you want to prevent a third-party advertiser from collecting data, currently you may either visit each ad network's web site individually and opt out or visit the NAI gateway opt-out site to opt-out of all network advertising cookies. Click here for the NAI gateway opt-out site.
This site will also allow you to review the third-party advertising companies' privacy policies.