Live365 - Broadcaster Terms and Conditions

Introduction

• This document outlines a legal agreement between the broadcaster (referred to as "you") and Live365 Broadcaster, LLC.
• The terms govern access and usage of Live365's platform.
• Acceptance of these terms is indicated by using the platform or clicking "I Agree."
• Sections 19 and 20 contain critical legal information about arbitration and class action waiver.

Key Definitions

• Advertising Revenue Share Program: Governed by Schedule A.
• Approved Distribution Platforms: Includes web and mobile applications owned by the broadcaster but excludes physical locations like radio, bars, etc.
• Authorized User: Employees, consultants, or agents authorized to use the platform.
• Billing Information: Financial details such as credit card info.
• Branded Player: A digital audio player provided by Live365.
• Broadcaster's Content: All uploaded media by the broadcaster.
• Confidential Information: Non-public info about business affairs shared between parties.
• Covered Royalties: Performance royalties payable by Live365.
• Fees: Charges for services as per the selected package.
• Intellectual Property Rights: Legal rights to creations of the mind.
• Live365 Technology: Proprietary technology provided by Live365.
• Platform: The broadcasting platform provided by Live365.
• Prohibited Content: Content that is illegal, violates IP rights, or contains harmful material.
• Services: Access and use of the platform.
• Total Listening Hours (TLH): Measure of user engagement with broadcasts.

Services and Exclusivity

• Access and use of the platform are subject to terms, including the selected package.
• Exclusive distribution through Live365 is mandatory.
• Live365 can modify the platform and services at any time.

Broadcaster Grants

• Broadcaster grants Live365 rights to use and promote their content.
• This includes the right to broadcast and syndicate content globally.

Third-Party Licensing and Royalties

• Live365 secures content licenses required for broadcasting.
• Broadcasters must provide metadata for each copyrighted audio.
• Only eligible content can be covered by Live365's royalty payments.

Trademark and Technology Licenses

• Live365 grants a non-exclusive license to use their technology and trademarks.
• Broadcasters must comply with Live365's trademark guidelines.

Broadcaster Obligations

• Compliance with all applicable laws, rules, and regulations.
• Maintain technical standards and inform Live365 of any IP issues.

Termination and Automatic Renewals

• The agreement renews automatically unless canceled by the broadcaster.
• Termination rights exist for breach of terms with specified notice periods.

Fees and Payment

• Fees are non-refundable and due as per the package terms.
• Additional charges apply for exceeding Total Listening Hours.

Indemnity and Liability

• Broadcasters indemnify Live365 from claims related to content.
• Live365's liability is limited in scope and amount.

Dispute Resolution

• Disputes are resolved via arbitration, waiving rights to court trials.
• Class action waivers apply.

Schedule A: Advertising Revenue Share Program

• Applies to ad-supported broadcasters.
• Defines terms like advertisements, advertisers, and revenue share.
• Broadcasters must meet inventory requirements for ads.

General Legal Terms

• The agreement is governed by Pennsylvania law.
• Modifications to terms are communicated via the platform.

These notes provide a high-level summary of the key points from the Live365 Broadcaster Terms and Conditions, focusing on definitions, rights, obligations, and procedures for broadcasters using the Live365 platform.