Shoutcast For Business
Last Updated : Thursday, August 30, 2018
Welcome to our hosting service “Shoutcast for Business” !
PLEASE READ THIS AGREEMENT CAREFULLY. THIS IS A LEGALLY BINDING AGREEMENT Between You, either an individual or as a single entity (“You”) and the Belgian company Shoutcast SPRL – a company incorporated under Belgian law, with registered office at B-1070 Brussels, Boulevard International 55K, Belgium and registered with the Register of Legal Persons of Brussels under the company registration number 0684.758.236 – its affiliates, successors, parents, subsidiaries, assigns and Licensee (hereafter referred to as “Shoutcast”), which provides the hosting service Shoutcast For Business (“Shoutcast For Business”).
This Agreement governs the terms and conditions of the hosting by Shoutcast of Your Streams. If You disagree with this Agreement or one of its terms or conditions, do not purchase nor subscribe to Shoutcast For Business.
Article 1 – Description of the hosting service Shoutcast for Business
Shoutcast For Business consists in a hosting service made up of a series of IT services that are provided under SaaS model (“Software as a Service”) by Shoutcast.
By subscribing to the hosting service Shoutcast For Business, after acknowledgement of the payment reception of the Price by Shoutcast, You will be given access to software solutions as an application available through an internet browser, meaning the access to the following IT services and features:
- Access by You to hosting infrastructure: the Premium hosting servers (via a custom stream URL) and Premium Bandwith, allowing unlimited simultaneous listeners and unlimited radio stations (under reservation of section 2.2.3. below) and compatible with any encoder (including V1 legacy).
- Access by You to the Shoutcast platform and the following technical features, Radio Metrics and Audience Development tools, allowing notably :
● to broadcast in AAC and MP3 audio formats (bitrate up to 320kbps) ;
● an access to the Shoutcast Radio Manager* with powerful statistic information like audience statistics of Your Streams (live and historical statistics, geolocation of your listeners, monitor your impressions and revenue from Ads, etc…) ;
● Radio metrics KPI’s Dashboard;
● the management of Your Shoutcast Member Account;
● Shoutcast Integrated Automation System (5GB storage included) or Planner;
● Audience Development : Geolocation Management helping You to choose the territories where Your Streams are broadcast ; Free Mobile App (Free and paid Option) and You Streams listed in the Shoutcast Directory ; Exportable Player HTML5; Social Push ;
● Audience Monetization : an access to other related services through the Shoutcast partners (Monetization Program with Targetspot : Ad replacement, Ad Injection and Silent Tone ad-triggering method, Flexbreak allowing You to choose ad-break duration from 30sec to 180sec);
● an access to other platforms (forum, wiki, etc.) ;
- Access by You to a technical support service via e-mail (email@example.com).
Shoutcast will host Your Streams on its servers and will give access to Your Streams “AS-IS” to listeners on internet under the terms and conditions of the Agreement, notably under the conditions described in articles 5 and 6 below. Shoutcast will ensure the correction and update of its hosting service Shoutcast For Business.
* all information provided to You by Shoutcast through the Shoutcast Radio Manager is given for information purposes only.
Article 2. Scope of the hosting service Shoutcast For Business
Article 2.1. Free Trial Period to Shoutcast for Business
Shoutcast offers new customers a free trial period on Shoutcast For Business for a period of seven (7) business days. Shoutcast reserves the right, at its sole discretion, to determine Your eligibility for such a free trial period, and, subject to the applicable legislation, to restrict or modify a trial at any time, without notice or liability, to the widest extent authorized by law.
In order to start the free trial period of Shoutcast For Business and in order to have direct access to the features described above, Shoutcast will ask You to provide it with Your contact details and banking information. At the end of the free trial period of seven (7) business days, Shoutcast will automatically charge and invoice You the Price of the monthly paid subscription of the Shoutcast For Business (Monthly Paid Subscription) as from the first day following the expiry of the free trial period. By providing your banking information to Shoutcast at the start of the free trial period, You explicitly agree to this invoicing. If You wish to cancel the automatic invoicing at the end of the trial period expiry, You must give Shoutcast two (2) days notice before the expiry of the free trial period by e-mail to firstname.lastname@example.org. You can terminate the monthly paid subscription in question through Your “Shoutcast Member Account” with seven (7) days notice (see the article 2.2 below for additional conditions relating to Monthly Paid Subscription). Shoutcast shall not make any reimbursements.
Article 2.2. Monthly Paid Subscription to Shoutcast For Business
By purchasing the Monthly Paid Subscription to Shoutcast For Business, You will be granted, for a duration of thirty (30) days, to use the hosting service Shoutcast For Business as described above in Article 1 of the Agreement. This Monthly Paid Subscription will be tacitly renewed upon its expiry for the same duration – a notification will be sent to You by Shoutcast for this purpose. You may terminate Your Monthly Paid Subscription and prevent tacit renewal by sending Shoutcast a notification by e-mail at the address email@example.com at least seven (7) days before the expiry of Your Monthly Paid Subscription.
Shoutcast reserves the right to apply new Prices at the time of the renewal corresponding to the public Prices in force on the Website at that moment and corresponding to Your real TLH consumption. In this case, You will be notified of the increase or decrease of the applicable Prices prior to the expiry of Your subscription.
Shoutcast reserves also the right to restrict Your access to Shoutcast For Business in the event of failure to pay the Price of the Monthly Paid Subscription upon renewal. In this case interest will be due to Shoutcast and such interest shall be calculated on the Price remaining unpaid at a rate of 1% per month. In case of failure to pay the Price upon renewal (expired payment method, lack of account provisioning, etc), Shoutcast will automatically make two (2) other attempts to charge the Price, the first one seven (7) days and the second one twenty-one (21) days after the renewal date. In case of permanent failure to pay the Price after these two (2) attempts, Shoutcast will, in any case, within the twenty-eight (28) days as from the renewal date cancel Your Monthly subscription and any service related to it will be stopped by Shoutcast (including the hosting and broadcasting). In that case, the invoice for that Monthly Subscription will also be past due. Shoutcast will however keep all Your data for another thirty (30) days period as from the broadcast stopped. If Your situation has not been regularised within the sixty (60) days of renewal, the data of all Your radio stations and Your “Shoutcast Member Account” will be moreover definitively deleted from Shoutcast.
Article 2.2.1. Applicable Prices in consideration of TLH consumption
In consideration of the purchase of the Monthly Paid Subscription to Shoutcast For Business under this Agreement, You will be required to pay a Price (the “Price”) plus all VAT applicable (in force on the date of the purchase). The Price of Monthly Paid Subscription is displayed on the Website and is given in euros (EUR) and in dollars (USD). The Prices indicated on the Website are subject to change and are subject to Your real use of our hosting service Shoutcast For Business. The Price applicable to You will be the Price as indicated on the Website at the time of Your purchase. The Monthly Paid Subscription to Shoutcast For Business is monthly as Your audience will be progressive. Indeed Your Monthly Paid Subscription Price is calculated on current TLH consumption (total listening hours generated as from Your “Shoutcast Member Account”, meaning all Your Streams from all Your radio stations broadcasting with Shoutcast For Business) provided by You and shall be reviewed by Shoutcast at its sole discretion. In case of evolution recorded by Shoutcast of Your monthly TLH consumption, Shoutcast expressly reserves the right to change the applicable Price of the Monthly Paid Subscription due by You for the next month.
Article 2.2.2. Payment terms – Taxes – Customer’s right to withdrawal
The payment of the Price by You will be online payment through the Website (through the Shoutcast Radio Manager User Interface). You may pay the Price online by credit card (Visa, MasterCard, American Express, Discover, JCB, Diners Club, …) or through Your Paypal account. An invoice for the Price will be generated automatically at the time of the online purchase and communicated to You. In the event of automatic renewal being provided for by the Agreement, You will receive a notification informing of the debit of Your credit card if the applicable Price at the time of renewal has changed or if your TLH consumption after automatic reviewed by Shoutcast has exceeded the initial chosen threshold.
You agree to pay the applicable Price for Your Monthly Paid Subscription to Shoutcast For Business through Shoutcast and You agree that Shoutcast may debit Your payment method for this purchase, as well as any additional amounts (including all taxes and late payment fees, if any) incurred by or relating to Your “Shoutcast Member Account”. You are responsible for the timely payment of all Prices and for the provision to Shoutcast of a valid payment method for the payment of any Price. You agree to receive all invoices electronically, including by e-mail. The total Price invoiced will include the Price of Monthly Paid Subscription to Shoutcast For Business (in consideration of the monthly TLH consumption) plus all applicable VAT (in force on the date of the purchase).
Right of withdrawal : if You are a consumer You agree that You won’t be able to cancel within the fourteen (14) days as of the online purchase Your subscription to Shoutcast For Business as the purchased services will be immediately executed at the time of the purchase (notably during the free trial period), pursuant the Directive 2011/83/UE and the chapters VI and XIV of the Belgian Economic Law Code.
Article 2.2.3. Restricted Use
- By subscribing to Shoutcast For Business, You will be given access to the Premium hosting servers (via a custom stream URL) and Premium Bandwith, allowing unlimited simultaneous listeners and unlimited stations and compatible with any encoder (including V1 legacy). However, if during a period of 30 days, the audience (TLH consumption) generated by Your “Shoutcast Member Account” is void, You will then be allowed to keep a maximum number of ten (10) radio stations related to Your “Shoutcast Member Account”. In that case, Shoutcast will then only keep the first ten (10) radio stations that you have created with Your “Shoutcast Member Account”.
- The purchase of the Monthly Paid Subscription to Shoutcast For Business does not imply that You can resale some streaming to a third party, this type of resale being strictly prohibited by the Agreement. This Agreement is personal and concluded intuitu personae, and You can not assign any part or entire Agreement to any third party.
Article 2.2.4. Shoutcast Integrated Automation System (optional)
As a subscriber to Shoutcast For Business, You will be allowed to activate a web application option : the “Shoutcast Integrated Automation System” or “Planner”.
This web application option will help You in the programming of Your Streams content.
If You choose to activate this option, please note that You will have to comply with each national and general broadcasting and programming rules in force in each territory where Your Streams will be broadcast. The content uploaded (musical piece, jingles or audio contents) has to be acquired by You legally. In case You have acquired any content in violation of rights of any right-holder, You shall be held liable and not Shoutcast under any circumstances. Shoutcast disclaims any liability regarding (i) the national programming rules that You have to comply with in each country You choose to broadcast and (ii) the content that You will upload through the Shoutcast Integrated Automation System and broadcast through the hosting service Shoutcast For Business.
You will also have to comply with the technical specifications requested from time to time by Shoutcast for the use of its web application Shoutcast Integrated Automation System.
The non-compliance of this article by You could lead, pursuant to the national legislation in force in the territories where Your Streams are broadcast, to the exclusion of Your Streams from Shoutcast platform and the termination of this Agreement, including permanently deletion of all data from the Radio Station on servers, data which shall be definitively lost and impossible to restore, without prejudice of any damages. Shoutcast reserves the right to permanently terminate Your “Shoutcast Member Account” as well as the access to all services of Shoutcast.
Article 3 – License granted
The hosting service Shoutcast For Business, including all its technical features, hosting infrastructure, radio metrics tools, its IT developments and any databases it may contain, is the full and complete property of Shoutcast. It is also part of its manufacturing secrets and confidential information, regardless of whether or not its components are currently patented or protected under copyright law or under any other way. The Agreement does not imply any transfer of any intellectual property rights on any component of Shoutcast For Business, You having only been granted with a personal, non-exclusive license of use under specific conditions and for the duration provided for in the Agreement.
Finally, the Agreement does not imply to You any transfer of any intellectual property rights regarding the trademarks, logos or names belonging to Shoutcast (including the names "Shoutcast" or “Shoutcast For Business”, which are the sole property of the Shoutcast). You are prohibited from using them for any purpose whatsoever without the express and prior authorization of Shoutcast.
Article 4 – Referencing
For the duration of the Agreement, You authorize Shoutcast and its partners (i) to reference the URL containing Your Streams on the Website (https://www.shoutcast.com), the mobile applications of Shoutcast and/or on the websites and mobile applications of Shoutcast's partners and (ii) to use the names, logos and any other trademarks that may be related to Your Streams for this purpose.
Article 5 – Warranties
5.1. You warrant Shoutcast regarding Your full compliance with all applicable laws and regulations, including but not limited to the laws and regulations concerning intellectual property, advertising, consumer protection, protection of Personal Data and minor protection, etc.;
5.2. You have the sole editorial control over the content of Your own Streams and as such, You warrant Shoutcast that You have obtained all the necessary authorizations for this purpose and, in particular, that You have acquired the authorizations of the authors, composers, publishers, phonogram producers and performers of the musical works and recordings that You broadcast in Your Streams, whether directly or through the collective management companies which represent them, in all the territories where Your Streams are broadcast, and in this sense, You warrant Shoutcast against any claims in this respect and You agree to replace Shoutcast in the event of any claim (made by any natural or legal person) in relation to the content of Your Streams hosted and transmitted in general by Shoutcast, notably through its hosting service Shoutcast For Business.
In a more general sense, You warrant Shoutcast, its subsidiaries and associates, its employees, directors and consultants against any loss, liability, damage, expense, or claim, including for damages, penalties, interests, fees and costs of legal counsel, resulting from (i) the creation, the broadcasting and the hosting of Your Streams ; (ii) any breach, whether proven or alleged, of the warranties given by You to Shoutcast; (iii) any third party complaint regarding the necessary authorisations required for the distribution, broadcasting and hosting of Your Streams or related to the names, logos and trademarks used by You; (iv) any claim relating to Your Streams of a nature which is defamatory, disparaging, libellous, slanderous, abusive, contrary to public order or good morality or violating any law, regulation, order, judgment or decision.
In this regard, You are informed that Shoutcast, in its capacity of hosting provider, in accordance with the Belgian law dated 11 March 2003 on certain legal aspects of information society services, in case of formal notice addressed in accordance with the applicable provisions of the territory by a right holder, shall automatically lead to the suspension by Shoutcast of its IT services and in particular, the suspension of the access to the hosting service Shoutcast For Business and Shoutcast’s other related IT services, without any compensation or any damages for You.
In particular, Shoutcast cannot be held liable regarding the content of Your Streams, whether online, sent, received, hosted, transmitted or broadcast.
5.3. The hosting service Shoutcast For Business is accessible 24/7, under reservation of any interruptions necessary for the maintenance of the Shoutcast platform, its servers and the general features of the hosting service. Shoutcast will make its best efforts to ensure that these interruptions are planned and communicated to its users by any means of communication 48 hours in advance.
Finally, the quality of the service depends on a number of technical constraints and in particular Your Internet connection, of the listeners and the capabilities and constraints of all intermediaries involved with the Internet and telecommunications networks; Shoutcast cannot offer any guarantee regarding Your use of the service and features included in the hosting service Shoutcast For Business.
The entire article 5 will survive the termination of the Agreement.
Article 6 – Disclaimer
6.1. The Radio Metrics features (Radio Metrics Dashboard, Radio Manager with statistics access, Royalty Compliant Reports) are given to You by Shoutcast for information purposes only. Shoutcast does not warrant at any time the accuracy of these Radio Metrics features and will not be held liable in case of any claim or complaint arising from the communication by Shoutcast to You of these Radio Metrics features.
6.2. Regarding the Audience Development Tools, Shoutcast does not warrant Your use of the geolocation management tool, allowed for use in the audience development part of the hosting service Shoutcast For Business, and which allows You to choose the territories where Your Streams will be broadcast (Geolocation management).
Article 7 – False Audience Generation
You shall refrain from using alternative audience generation methods of which listeners are unaware (for example by using a Player in mute mode or preventing using the Stop function) or technical means (such as Bots) generating listeners that are not real. All other means shall also be punished immediately.
Periodic checks shall be conducted by Shoutcast or one of its partners or one of its affiliated company. Should an infringement be recorded, You will be notified to cease and to make cease such actions immediately. In case of non-compliance and/or a new infringement being recorded by Shoutcast of one of its partner or affiliated company, the access to the hosting service Shoutcast For Business shall be definitively deactivated by Shoutcast, at its sole discretion, without prejudice of any damages. In such cases, Shoutcast reserves the right to terminate earlier the Agreement pursuant the article 8 below, without any compensation for You. Shoutcast reserves also the right in case of false audience generation to make Your “Shoutcast Member Account” terminated as well as the access to all its affiliates services, without any compensation or reimbursement to You.
Article 8 – Early termination of the Agreement
Should You breach any of Your obligations under the Agreement and should You fail to remedy such breach within fifteen (15) days of having received from Shoutcast written notice (such notice being validly done by e-mail at the address provided by You in Your “Shoutcast Member Account”) or in case such remedy is impossible, Shoutcast may terminate the Agreement, at any time at its sole discretion, without compensation in any way to You, effective upon receipt by You of a written termination notice by Shoutcast.
The exercise of this termination right by Shoutcast shall be without prejudice to its right to claim for compensation of any damage suffered as a result of such termination.
Under the Agreement, no remedy will be possible in particular if You are in breach regarding :
- the warranties obligations pursuant Article 5 of the Agreement or in case false audience generation has been recorded by Shoutcast;
- the content of Your Streams hosted by Shoutcast and notably if Your Streams create negative and damageable advertisement for Shoutcast, its subsidiaries, associates, employees, consultants, agents, content providers, service providers, programs, services and products or if You take any decision or action against the interests of Shoutcast.
Upon termination of the Agreement You commit to cease any use of the services an features included in the hosting service Shoutcast For Business or documentation or related data.
Article 9 - No reimbursement
In case Shoutcast terminates the Agreement pursuant article 8, the applicable Price for Your Monthly Paid Subscription to Shoutcast For Business will however remain fully owed by You to Shoutcast and shall not be subject to any reimbursement.
Article 10 – Communication between the Parties
Any communication between You and Shoutcast, in connection with the Agreement or its implementation, will be done in writing and by e-mail. Any communication by e-mail will be considered to have been made on the day of its communication. The email address used for any communications to Shoutcast with respect to Shoutcast For Business is the following: firstname.lastname@example.org as well as for e-mail technical support. The email address used for any communications to You with respect to Shoutcast For Business is the e-mail address provided by You in Your “Shoutcast Member Account”.
Article 11 - Confidentiality
You commit to maintain the confidentiality of all information and documents regarding Shoutcast, any source code, the services and features included in the hosting service Shoutcast For Business and related data, whether this information and/or documents relate to the organization of Shoutcast, its partners, its customers, the Shoutcast For Business or its technical infrastructure to which You may have had access during the execution of the Agreement.
The Agreement shall be deemed confidential and as such shall not be subject to any publication or disclosure to any third party, unless expressly authorized in writing by the Parties.
Article 12 – Modifications
You accept that the hosting service Shoutcast For Business and its terms and conditions of use the may be change from time to time, at the sole discretion of Shoutcast, without prior written notice to You. Any modification to the Agreement and/or the hosting service Shoutcast For Business will be considered as tacitly accepted by You fifteen (15) days after notification of these changes by Shoutcast on Your e-mail as provided by You in Your “Shoutcast Member Account”.
Article 13 – Assignment
The Agreement, nor any right, obligation or interest arising therefrom, cannot be assigned or transferred by You (including by means of a part-time lease agreement, a programming contract or any similar arrangement, whether it is referred to as a local marketing contract, a time brokerage contract, or any other device) (whether in virtue of a law or otherwise) without the prior written consent of Shoutcast. Any assignment alleged without this prior written consent will be null and void. The Agreement, the rights, obligations and interests arising therefrom may be assigned or transferred freely by Shoutcast. In this case, the Agreement shall remain in full force between the new parties, its successors, or the rights-holders of Shoutcast. No change of control nor assignment in respect of You may take place without the prior written consent of Shoutcast.
As far it is necessary, Shoutcast inform You that the sale or the sublease of Your “Shoutcast Member Account” is prohibited.
Article 14 - Data processing and Cookies policy
Shoutcast may use ʻCookiesʼ to help better understand user behaviour. A cookie is a small text file that is sent on Your computer or other device and stored on Your hard drive or device memory. Shoutcast is using the following cookies to keep records of Your visits, to better tailor your future visits to Your preferences and generally to improve Your navigational experience. In using these cookies, Shoutcast deliver a more personalized experience on the WebSite.
Article 15 - Intuitu personae
The Parties agree that the Agreement is concluded "intuitu-personae". Consequently, You are not authorized to assign to a third party all or part of the rights and obligations arising therefrom, without the express prior and written consent of Shoutcast. You are prohibited to resale streaming or other features of the hosting service Shoutcast For Business to any third party.
Article 16 – Applicable law – Jurisdiction clause
The Agreement is subject to Belgian laws.
Any dispute between the Parties related to the interpretation and execution of the Agreement, shall be brought before the Brussels Commercial Court, in French language, upon which jurisdiction is expressly conferred, unless otherwise provided by law.