Terms & Conditions

ZenoRadio Service

This Terms of Use Agreement (“Agreement”) constitutes a legally binding agreement made between you, whether personally or on behalf of an entity (“user” or “you”) and ZenoRadio LLC, and its affiliated companies (collectively, “Company” or “we” or “us” or “our”), concerning your access to and use of the ZenoRadio service, which connects listeners with radio broadcasts from around the world via alternative communication methods (e.g., Session Internet Protocol (SIP), whether you access our services via a wireless or wired device, telephone dial in, our website, a partner’s website, through a browser, website widget, player, a mobile application, ZenoPivot self-broadcasting functionality, or other media forms or media channels, related or connected thereto as may be available (the “ZenoRadio Service” or the “Service”).

You agree you will comply with any codes of conduct, policies or other notices Company provides you or publishes in connection with the ZenoRadio Service. You agree and warrant that you will comply with all laws, rules and regulations in connection with your use of the ZenoRadio Service, and you will not use the ZenoRadio Service in any manner that violates such laws, rules or regulations.

The ZenoRadio Service is hosted in the United States. Company makes no representation that the ZenoRadio Service is appropriate or available in other locations. The information provided on the ZenoRadio Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Company to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the ZenoRadio Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the ZenoRadio Service. If you are a minor, you must have your parent or guardian read and agree to this Agreement prior to you using the ZenoRadio Service.

YOU ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT BY ACKNOWLEDGING SUCH ACCEPTANCE DURING THE REGISTRATION PROCESS (IF APPLICABLE) OR BY USING OR CONTINUING TO USE THE ZENORADIO SERVICE. IF YOU DO NOT AGREE TO ABIDE BY THIS AGREEMENT, OR TO MODIFICATIONS THAT COMPANY MAY MAKE TO THIS AGREEMENT IN THE FUTURE, DO NOT USE OR ACCESS OR CONTINUE TO USE OR ACCESS THE ZENORADIO SERVICE.

COMPANY MAY AT ANYTIME CHARGE FOR ALL OR ANY PORTION OF THE ZENORADIO SERVICE, AND MODIFY SUCH CHARGES, UPON PRIOR NOTICE. IF USE BY A USER OF THE ZENOPIVOT SELF BROADCASTING SERVICE, OR OTHER ZENORADIO SERVICE OFFERED BY COMPANY, AT ANY TIME EXCEEDS USAGE LEVELS AS DETERMINED BY COMPANY FROM TIME TO TIME, THEN COMPANY MAY REQUIRE, AS A CONDITION TO CONTINUED USAGE OF SUCH SERVICES, THAT SUCH USERS ENTER INTO A SEPARATE AGREEMENT FOR CONTINUED USAGE OF SUCH SERVICES.

User Representations

The ZenoRadio Service may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute or broadcast content and materials to Company and/or to or via the ZenoRadio Service, including, without limitation, text, writings, video, audio, photographs, graphics, comments, suggestions or personally identifiable information or other material (collectively "Contributions"). Any Contributions you transmit via the ZenoRadio Service will be treated as non-confidential and non-proprietary. When you create or make available a Contribution, you thereby represent and warrant that:

a. the creation, distribution, transmission, public display and performance, accessing, downloading and copying of your Contribution does not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret or moral rights of any third party;

b. you are the creator and owner of or have the necessary licenses, rights, consents, releases and permissions to use and to authorize Company and the ZenoRadio Service users to use your Contributions as necessary to exercise the licenses granted by you under this Agreement;

c. you have the written consent, release, and/or permission of each and every identifiable individual person in the Contribution to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Contribution in the manner contemplated by this ZenoRadio Service;

d. your Contribution does not contain any viruses, worms, Trojan horses, malicious code or other harmful or destructive content;

e. your Contribution is not obscene, lewd, lascivious, filthy, violent, harassing or otherwise objectionable (as determined by Company), libelous or slanderous, does not ridicule, mock, disparage, intimidate or abuse anyone, does not advocate the violent overthrow of the government of the United States, does not incite, encourage or threaten physical harm against another, does not violate any applicable law, regulation, or rule, and does not violate the privacy or publicity rights of any third party;

f. your Contribution does not include any offensive comments that are connected to race, national origin, gender, sexual preference or physical handicap;

g. if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to make available the Contribution, or (ii) secured from your employer a waiver as to all rights in or to your Contribution;

h. your Contribution does not constitute, contain, install or attempt to install or promote spyware, malware or other computer code, whether on Company’s or others’ computers or equipment, designed to enable you or others to gather information about or monitor the online or other activities of another party;

i. your Contribution does not inundate the ZenoRadio Service with communications or other traffic suggesting no serious intent to use the ZenoRadio Service for its stated purpose; and

j. your Contribution does not otherwise violate, or link to material that violates, any provision of this Agreement or any applicable law or regulation.

Contribution License

By posting Contributions to or via any part of the ZenoRadio Service, or making them accessible to or via the ZenoRadio Service by linking your account (if applicable) to any of your social network accounts or by other methods, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an unrestricted, unconditional, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part) and distribute such Contributions for any purpose, commercial, advertising, or otherwise, to prepare derivative works of, or incorporate into other works, such Contributions, and to grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels. Such use and distribution license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names and logos, personal and commercial images you provide. By uploading your Contributions, you hereby warrant that your Contributions are free of any digital rights management, including any software designed to limit the number of times the Contributions may be copied or played. Company does not assert any ownership over your Contributions; rather, as between us and you, subject to the rights granted to us in this Agreement, you retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions.

Company has the right, in our sole and absolute discretion, to (i) edit, redact or otherwise change any Contributions, (ii) re-categorize any Contributions to place them in more appropriate locations or (iii) pre-screen or delete any Contributions that are determined to be inappropriate or otherwise in violation of this Agreement.

Advertising

Company and third party advertisers may deliver advertisements for goods and services or other promotional materials via the ZenoRadio Service. Such advertising may be associated with, incorporated into, or layered over your Contributions. Unless expressly agreed otherwise, you shall have no right to revenue generated from all such advertising.

Your dealings with, or participation in advertisements and promotions of any third party advertisers via the ZenoRadio Service are solely between you and such third party and your participation is subject to the terms and conditions associated with that advertisement or promotion. Company does not endorse or represent such third parties and by using the ZenoRadio Service, you agree that Company is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the actions of such third parties via the ZenoRadio Service.

The ZenoRadio Service may also present links to third party websites or third party services not owned or operated by Company (“Third Party Sites”). We do not endorse or represent such third parties and we are not responsible for the availability of these Third Party Sites or their services or content. You agree that we are not responsible or liable, directly or indirectly, for any loss or damage of any sort incurred as a result of your use of or reliance on any content of any such Third Party Site or their goods or services available through any such Third Party Sites. Certain functionalities of the ZenoRadio Service may also require that you agree to additional terms and conditions of Third Party Sites. You agree that you are solely responsible for your acceptance of and compliance with such terms and conditions whenever you use or access such Third Party Sites.

App License

Use License

If you are accessing the ZenoRadio Service via a mobile application, then Company grants you a revocable, non-exclusive, non-transferable, limited right to install and use the application on wireless handsets owned and controlled by you, and to access and use the application on such devices strictly in accordance with the terms and conditions of this license. You shall use the application strictly in accordance with the terms of this license and shall not: (a) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; (b) make any modification, adaptation, improvement, enhancement, translation or derivative work from the application; (c) violate any applicable laws, rules or regulations in connection with your access or use of the application; (d) remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Company or its affiliates, partners, suppliers or the licensors of the application; (e) use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (f) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time; (g) use the application for creating a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for the application; (h) use the application to send automated queries to any website or to send any unsolicited commercial e-mail; or (i) use any proprietary information or interfaces of Company or other intellectual property of Company in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for use with the application.

Apple Inc. Terms Applicable To Apple Devices

You acknowledge that this Agreement is concluded between you and Company only, and not with Apple Inc. (“Apple”), and Company, not Apple, is solely responsible for the Company application and the content thereof. (1) SCOPE OF LICENSE: The license granted to you for the Company application is limited to a non-transferable license to use the Company application on a device that utilizes the Apple iOS operating system and in accordance with the Usage Rules set forth in the App Store Terms of Service. (2) MAINTENANCE AND SUPPORT: Company is solely responsible for providing any maintenance and support services with respect to the Company application, as specified in this Agreement, or as required under applicable law. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Company application. (3) WARRANTY: Company is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Company application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, paid for the Company application, and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Company application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Company’s sole responsibility. (4) PRODUCT CLAIMS: You acknowledge that Company, not Apple, is responsible for addressing any claims of yours or any third party relating to the Company application or to your possession and/or use of the Company application, including, but not limited to: (i) product liability claims; (ii) any claim that the Company application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. (5) INTELLECTUAL PROPERTY RIGHTS: You acknowledge that, in the event of any third party claim that the Company application or your possession and use of the Company application infringes a third party’s intellectual property rights, Apple, will not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. (6) LEGAL COMPLIANCE: You represent and warrant that (i) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties. (7) THIRD PARTY TERMS OF AGREEMENT: You must comply with applicable third party terms of agreement when using the Company application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the Company application. (8) THIRD PARTY BENEFICIARY: Company and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.