Terms of Service

 

SERVICE AGREEMENT

By using our services you agree to the following terms of service, please read them carefully. User shall be known as “Customer” in this agreement. Broadcast Matrix LLC, a Washington State Limited Liability Company shall be known as “Service Provider”. Customer is responsible for any users of their account and agree that they will also fully comply with these Terms of Service.

PAYMENTS

Service will not begin on new accounts until initial payment has been received and has cleared Service Provider billing system.  Customer is responsible for payment in advance of service provided. Invoices are due and payable upon receipt. Failure to pay any amount due within 30 (thirty) days of the due date shall be sufficient grounds for termination of service without notice. Customer must contact Service Provider within 24 (twenty four) hours if automatic payments fail or service may be suspended.  Any returned checks are subject to a $20.00 fee for each time they are returned by Customers bank. Customers service may be terminated if bad checks are not paid within 7 (seven) days. Customer and Service Provider agree that e-mail will serve as a legally binding method for notification and billing.

REFUNDS

Refunds that may be due to Customer will be in the same form as the payment. If a credit or debit card payment, the refund will be given against the same card number. If a check, a check will be sent. If a PayPal payment, the refund will go to the same PayPal email.

CUSTOM SERVICES

For services beyond the scope of these terms of service a custom written Service Provider Agreement may accompany these Terms of Service. If such document accompanies these Terms of Service, the terms of the written custom Service Provider Agreement shall override any inconsistencies or contradictory Terms and Conditions that may arise between the two agreements.

DATA TRANSFER

Customer may not exceed data transfer or stream bitrate within the Service Provider plan they have ordered. Abuse of data transfer or bitrate limits may result in suspension or termination of service. Web hosting data transfer may not be applied to or used for stream hosting services or vise versa. Unused transfer will not be carried over to the next month.

BACKUPS

Service Provider makes ongoing backups of our servers for internal emergency restoration purposes only. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. It is the Customer’s sole responsibility to maintain local copies of their own web accounts, streaming data, sound files etc., in the event of irreparable data loss.

DMCA

DMCA is the The Digital Millennium Copyright Act.  Service Provider is required by law to remove or block access to Customer content upon receipt of a proper notice of copyright infringement.  Service Provider will respond to notices of alleged copyright infringement and may terminate accounts of repeat infringement according to the process set out in the U.S. Digital Millennium Copyright Act.  Service Provider has registered with the U.S. Copyright Office.

Notifications can be emailed to: dmca@broadcastmatrix.com.

Complete notification agent information is on the website of the U.S. Copyright Office at:

https://www.copyright.gov/dmca-directory/

To make a proper notification you must include the following information:

1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

2) 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.

3) 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.

4) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.

5) A statement that the complaining party has 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.

6) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

SERVICE USAGE

Customer agrees to not misuse Service Provider services. For example, Customer agrees not to try to access Service Provider technologies using any method other than the general publicly available interface and methods Service Provider provides. Customer may not repackage, re-brand or resell Service Provider services without written permission from Service Provider. Customer agrees to use Service Providers Services only as permitted by law, including applicable export and re-export control laws and regulations.  Customer is responsible for keeping passwords updated regularly and strong enough to not be hacked. Any MySQL databases or other components within hosted accounts must have separate passwords and may not use the root password of the account.

INTELLECTUAL PROPERTY

Using Service Provider Services does not give Customer ownership, nor does it imply ownership to or of any rights to Service Provider services including intellectual property rights of Service Provider systems, software or content. You may not remove, obscure, or alter any URL or legal notices displayed in or along with Service Provider services. Service provider technologies may not be reverse engineered, modified, transferred, duplicated or resold. Service Provider retains all ownership and rights to its intellectual property, software and apps.

RADIO APPS

Service Provider retains all ownership and rights to any apps or software modified for Customer use including but not limited to the source code and all related components unless otherwise agreed to in writing. Service Provider apps may only be used with Service Provider streaming services and developer accounts. Service Provider is not responsible for and will not be held liable in any way for interruption of mobile service, dysfunctional apps due to hardware changes, policies or app rejection by Apple or Google Play. Apps are hosted on Service Providers’ iOS and Google Android developer accounts as a courtesy by Service Provider. If Google or Apple suspends or terminates Service Provider developer account(s) or removes apps for any reason Customer agrees to indemnify and hold harmless Service Provider for any losses of app functionality or any other resulting losses damages.

SPAM

Service Provider has a zero tolerance policy for Spam. Spam is defined as mail sent to a large groups or recipients that did not request it. Spam can result in blacklisting of Customer domain or Service Provider server IP addresses. Any accounts found to be involved in spamming or bulk e-mailing will be suspended or terminated without refund and the Customer will be liable for all costs involved to recover any damages to Service Provider.

THIRD PARTY SERVICES

Third party services or products are supported by the manufacturers of said products or services. Service Provider does not provide technical support for any third party products or services. Additionally while Service Provider streaming services may be compatible with third party services such as Tune-In Radio, Shoutcast or iTunes, Service Provider is not liable for the quality, accuracy or availability of said services.

TRADEMARKS

Customer grants Service Provider a nonexclusive right to use Customer trademarks, service marks, trade names and logos for use in connection with Service Providers marketing or for demonstration of the Services.

WEBSITE SECURITY

It is Customer responsibility to ensure that scripts or programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. Customer is ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password.

LICENSING

Customer is solely responsible for any or all licensing as needed when using Service Provider services. This includes but is not limited to content streamed through Service Provider’s network. For example Customer is responsible for any applicable license fees as may be necessary with agencies such as ASCAP, BMI, SESAC, SOCAN or SOUND EXCHANGE, etc. Reporting and paying for any royalties or other types of licensing fees regardless of jurisdictions are the sole responsibility of Customer. Service Provider does not provide licensing or legal advice regarding licensing.

SUPPORT

Service Provider telephone support is available during regular business hours Monday through Friday, 8AM-6PM Pacific Time. Ticket support is available 24/7.  New Customer accounts may request up to one hour of free setup consultation.  If additional consultation is needed Service Provider may refer third party Consulting associates to work with Customer directly at their then prevailing rates.

PROHIBITED MATERIAL

Customer agrees to not store, stream or host illegal or pornographic material of any kind on Service Provider servers or network. Doing so will result in immediate deletion and termination of Customer account without refund.

INDEMNIFICATION AND LIMITATION OF LIABILITY

Service Provider will not be held liable for any injury, loss of business, loss of property, loss of data, service outages or other mishaps caused by the use of Service Provider’s services. This includes any errors, damage or data loss associated with remote access of clients computers or devices accessed by Service Provider. Service Provider will make every effort to provide an uninterrupted Internet connection; however we do not warrant that the Internet connection will be error free or uninterrupted. Customer agrees to indemnify and hold harmless Service Provider and its affiliates and their respective directors, officers, employees, agents or other representatives from and against all claims, liability and expenses, including all legal fees. Service Provider is hereby waived of any legal obligation pertaining to the use of its services.   This provision shall survive the termination of Customer’s use of Service Provider services.

CANCELLATION AND TERMINATION

If Customer wishes to cancel their account(s) notice must be made within at least 30 business days in writing unless these cancellation terms are overridden by a separate agreement in writing. Customer must have all account information in order to authorize account cancellation and understands and agrees that all payments to Service Provider are non-refundable.  If Customer has ordered a mobile application (mobile app) from Service Provider a separate software development agreement must be signed by Customer for mobile apps or custom software development by Service Provider.  Customer must receive an e-mail confirmation of cancellation request from Service Provider to avoid non-refundable recurring charges. Once the Customer account is cancelled all data associated with that account shall be permanently deleted. Service Provider reserves the right to suspend or terminate service at its discretion.

CHANGES TO TERMS OF SERVICE

We may update our Terms of Service from time to time. We will notify you of any changes by posting the new Terms of Service on this page. You are advised to review these Terms of Service periodically for any changes. Changes to these Terms of Service are effective when they are posted on this page.  If you have any questions please contact us here:

Broadcast Matrix LLC
325 Washington Avenue S. #399
Kent, Washington 98032-5706
Telephone: 206-774-9196

Updated July 15, 2018

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(206) 774-9196
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