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Radio Broadcast and content Terms

Content Contributor and station Terms and Agreement

Terms of use or submit on Kbitradio network. Uploading, delivering or submitting any content to Kbit radio means you are the creator or owner of the content or that you have the permission to upload or deliver the content from all rights holders. By submiting your Content through the Service, or via our email, you hereby grant to Kbitradio (and Kbitradio’s assignees, designees, successors, licensees, and sub-licensees) an unrestricted, perpetual, assignable, sublicensable, revocable, royalty-free, fully paid-up license throughout the world to Use all your Content you have submitted to or through our network, through any media and formats now known or hereafter developed, in connection with Kbitradio or our business. Any violation of this policy will be cause for your content to be deleted or slot cancelled. We provide the Service to you on an “as is” basis without warranties of any kind and Kbitradio’s liability to you is limited, the use of the Service may be subject to a separate third party terms of service and fees, including, without limitation, your mobile network operator’s terms of service and fees, including fees charged for data usage and overage, which are your sole responsibility. Disputes arising between you and Kbitradio will be resolved by binding arbitration. By accepting this Terms, as provided, you and Kbitradio are each waiving the right to a trial by jury or to participate in a class action.
Your Content
1. You agree you will not upload content that could damage Kbitradio.com or submit material that is illegal, threatening, defamatory, offensive, pornographic, libellous, racially or ethnically offensive, slanderous, harassing, indecent, vulgar, damaging, or is otherwise inappropriate.
2. You agree to not mimic another person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.
3. By uploading or delivering content on Kbitradio.com you grant Kbitradio.com, non-exclusive, royalty-free, irreversible, transferable license, throughout the world, to use, reproduce and distribute your content.
4. You are exclusively accountable for your content delivered via url or uploaded and the consequences of posting, publishing or making them available via Kbitradio.
5. You affirm, represent, and/or warrant that you possess, or have the necessary licenses, rights and permissions to use your url content or uploads to enable inclusion and use on Kbitradio channels. You agree your content won't violate, infringe, or misuse any third-party right, as well as not being restricted by any trademark, copyright patent, trade right of promotion, or violate any applicable law or regulation.
6. Any content you upload or deliver via url for use on Kbitradio.com is owned and controlled by you, not by Kbitradio.com. You have the sole responsibility for all of your content uploaded or delivered to Kbitradio.com.
7. Kbitradio.com is not responsible for deletion of your content on third party sites by way of your content being embedded with the Kbitradio.com media player on third party sites.
Liability of Content
Your Content does not and will not create any liability on the part of Kbitradio.com, its successors, and their employees, representatives, executives or officers. You hereby acknowledge and agree that Kbitradio.com only act as hosts to your content and other information at the direct authorization of our users. Kbitradio.com acts merely as a platform to distribute and promote the content. You are exclusively accountable for all of Your Content that you deliver via url or upload to Kbitradio.com. Kbitradio.com excludes all liability with respect to all content and the activities of its contributors.
Kbitradio.com and its successors, employees, agents, directors and officers hereby exclude permitted by law, all liability that may arise from any content delivered via url or uploaded to the platform by our contributors, including, but not limited to, claims for infringement, of rights of privacy or publicity rights ,intellectual property rights, claims concerning to publication of pornographic, defamatory, obscene or offensive material, or any assertions concerning to the accuracy, completeness, or trustworthiness of any information provided by contributors on the Kbitradio.com website. By using Kbitradio.com, you permanently remove the right to affirm any claim with respect to any of the foregoing against Kbitradio.com its employees, successors, representatives, directors or officers.
Copyrights
Your uploaded or delivered content on Kbitradio.com will not violate the rights of any third party, including, any performer's rights, and intellectual property rights or rights of privacy.
You certify you have acquired all the required permissions and consents from all persons in your content in order to legally include their name, voice, performance or likeness in your content and to upload the same to Kbitradio.com.
You agree that your content and each and every part thereof is an original work by you, otherwise you've obtained all rights reserved, consents, licenses and or permissions necessary in order to use or upload on Kbitradio.com. You have the rights to use, upload, transmit, distribute, reproduce, share and publicly display all content delivered or uploaded to Kbitradio.com.
Kbitradio.com reserves the right to remove your content if your account has violated a copyright.
The best approach to evade copyright infringement is to ensure that you do not deliver, upload or share anything created by someone else without their permission.
For information on copyright laws across the globe, visit the World Intellectual Property Office, site: http://www.wipo.int/wipolex/en/
Kbitradio.com abides by the intellectual property rights of others and expects its contributors to act in the same manner. In agreement with the Digital Millennium Copyright Act, which can be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, Kbitradio.com will answer to clear notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. We will delete without notice the content of those determined by us to be repeat infringers. You agree to comply with all of the conditions above and agree that Kbitradio.com has the right, in its sole discretion, to delete your content or take such further action as we see fit if you breach the above conditions or any other terms associated on this website with Kbitradio Terms.
Thank you for your interest in using the Kbit Radio or TV service, a division of GMQex.com. This Agreement and Terms of Service is a binding contract between you, an individual, organisation or business user (“you” or “your”) and Kbitradio. (“Kbitradio,” “we,” “us” or “our”), the Service is licensed, not sold to you, and you may use the Service only as set forth in this terms. It governs your use of the website located at http://www.kbitradio.co.uk and any other online properties owned or controlled by or on behalf of Kbitradio and any other applications that Kbitradio makes available for use on mobile phones, tablets, set-top boxes and other consumer electronic or computer devices, whether directly, through third parties or on a pre-installed basis. By accessing or using the Service you agree to be bound by these Terms. By using our Service of submitting a station on this service means you agree fully to these terms. If you disagree with any part of the terms then you may not access the Service. Should any conflict arise, whatever the extent of such conflict is, this Kbit broadcasters and contributors Terms will take precedence over any other terms of the Agreement.
In this Terms, “you”, “broadcaster” or “contributor” means the individual or entity using the Services (and/or any individual, entity or successor entity, agency or network acting on your behalf), “we,” “us” or “Kbit” means Kbitradio, “radio station” means the service being submitted to, and the “parties” means you and Kbit Radio.
2. Broadcasters & Contributors
Broadcaster warrants and undertakes that it has, and shall at all times during the Term continue to have, and obtained all the necessary rights from third parties to provide the Broadcast Content on the kbitradio Services, including all necessary rights to communicate to the public, make available, broadcast and publicly perform musical compositions and sound recordings on the Kbit website from any applicable rights owners, collecting societies, performing rights’ organisations or any other third party administering such rights. “Broadcasters” and/or “Contributors” means the individuals or entities that are connected, owns, or are acting on behalf of a radio station or network, or have the right to submit a station to Kbitradio. This site contains many links to other third-party sites, including our sponsors. We do not endorse the content nor the companies who provide such content.
3. Submissions
A broadcaster should only submit a radio station if they agree with our terms, the radio station will be removed without notice if we are contacted by an authorised person from the specific radio. The Broadcaster shall be solely responsible for compliance of the Broadcaster Content with all laws applicable to it in its access to, receipt of and use made of Kbit Services and shall further be solely responsible for compliance with all published policies, guidelines or industry codes of practice applicable to it. Kbit Radio shall not be responsible for and the Broadcaster shall accept sole responsibility for the following matters: supervision of the Authorised station Users and ensuring compliance by each of them with the Kbit Services Terms; the inputting and maintenance of the Broadcaster Content and its security and integrity; the safety and integrity of all back-ups of the Broadcaster Content and the taking of back-ups of the Broadcaster Content. Each radio stations submitted will go through a specific check, we will verify if the radio station is new or existing and is working according to a scheduled program. Approval is within 3 working business days. Either way, the contributor or broadcaster will be notified if the statue is a decline or approval. Kbit Radio shall provide the Services in accordance with any laws applicable in the United Kingdom to the extent that they are general in nature or apply to the supply of services that are the same as or similar to Kbit Services.
4. Rights and copyrights
The radio station's owner and/or entity are responsible for the copyright and other rights applicable to their broadcast. Kbit Radio or its licensors shall retain ownership of all Intellectual Property Rights in the Kbit Services and in any materials created by Kbit Radio in the course of providing the Services, whether those materials are provided to the Broadcaster or not. Should Kbit receive information about a radio station breaking he rules and are operation outside the laws on copyright and other related laws in any related country or where it is legally based, they will be removed without notice once the information can be verified and the entity reported to the appropriate authorities for illegal activity. Kbit radio does not have any control over the content or programming of any station and can't take responsibility for any illegal content broadcast by the radio stations. The Broadcaster shall retain ownership of all Intellectual Property Rights in the Broadcaster Content . Subject to the terms and conditions of this Agreement, Broadcaster hereby grants Kbit Radio a worldwide non-exclusive fee-free licence for the term of the Agreement to transmit and re-transmit the Broadcaster Content. This licence shall include the right of end users to receive and play streams of the Broadcaster Content. The Broadcaster hereby grants Kbit Radio a worldwide non-exclusive fee-free licence to reproduce on the Website any trade marks used by the Broadcaster in respect of the Broadcaster Content.
5. Marketing
No agency, partnership, joint venture, or employment is created as a result of the Terms of Use and you do not have any authority of any kind to bind Kbit in any respect whatsoever. Kbit will advertise the Service as it sees fit, and all radio stations that exist on the Kbit Service will become part of the advertisement for radio stations. When you submit a station you agree on that we have the right to advertise the Station with the Kbit Service. Kbit graphics, logos, designs, page headers, button icons, scripts, and service names are trade dress of Kbit radio in the U.K. and/or other countries. Kbit's trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion.
6. Updates
You may update a station by using the update station function on the Kbit radio website page. The update will be approved subject to our standard confirmation and approval process. If the data changed for the radio station is not approved or wrong according to the broadcaster radio website, and is a non working stream, it will not be approved and you will not be notified. Kbit Radio may by notice in writing make any changes to the Services which are necessary to comply with any law applicable anywhere in the United Kingdom or with any published policies, guidelines or codes of practice not having the force of law but which represent good practice. Kbit Radio may at any time change the Services Conditions or any part of them where this is desirable in Kbit Radio’s sole discretion to comply with good practice and shall provide as much notice as reasonably practicable to the Broadcaster. Kbit Radio may at any time and without prior notice to the Broadcaster implement any Operational Change provided that neither the work of implementing the Operational Change nor the consequences of the Operational Change will have a directly adverse effect on the Broadcaster’s access to, receipt of or use of the Services. Kbit Radio shall give the Broadcaster written notice of such Operational alterations as soon as reasonably practicable.
7. Removal
If you wish to remove a specific radio station you can contact us with proof of ownership of a radio station and the radio station will be removed within 4 business days. If you are a paying customer, you may cancel your order for the Services within 14 days after the day we email you to confirm your acceptance. If you cancel after we have started providing the Services, you must pay us for the services provided up until the time you tell us that you have changed your mind. If you wish to cancel your order in this way, please email us at radio@kbitradio.com
8. Warranties
Each of the parties warrants to the other that it has full power and authority to enter into and perform its obligations under this Agreement. Kbit Radio warrants to the Broadcaster that: it has the right, power and authority to grant the Broadcaster the rights set out in this Agreement and provide the Services, it will provide the Services using reasonable care and skill, and the access to, receipt of and use of the Services (including streaming of Broadcaster Content to end users) will not infringe the Intellectual Property Rights of any third party. Kbit Radio does not warrant that the Broadcaster’s use of the Services will be uninterrupted or error-free or that it will meet the Broadcaster’s specific requirements. Kbit Radio does not warrant that the Services are or will be interoperable with or capable of working in conjunction with any other software or hardware, for which the Broadcaster takes full responsibility. The Broadcaster warrants and represents to Kbit Radio that it has done such reasonable due diligence of the Services prior to the Commencement Date and takes sole responsibility for their suitability for its own intended purposes. The Broadcaster acknowledges that Kbit Radio is making available to it a general service made available to its customers generally and that it is not making a bespoke service available specifically for the Broadcaster’s individual requirements. To the fullest extent permitted by law, and subject to any statutory rights the Broadcaster may have as a consumer, no representation, warranty, assurance or undertaking (express or implied) is or will be made in respect of the Services. THE SERVICE, CONTENT, AND SITE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
8. Termination
Kbit may terminate or suspend any and all Services allocated to you or your station immediately, without prior notice or liability, if you breach any of the terms or conditions of the Terms. Upon termination of your service, your right to use the Services will immediately cease. If you wish to terminate your Kbit service, you may simply discontinue using the Services and email radio@kbitradio.com. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.