SWCast Network Acceptable Use Policy

Terminology.

The following terminology is used in this document:

  • "SWCast Network" refers to the owners, operators, and administrators of SWCast Network, Inc.
  • "SWCast Network Service" refers to all computer applications, servers, networks, and related infrastructure controlled by SWCast Network.
  • "SWCast Network Site" refers to the Websites located within the corresponding Internet domains: www.swcast.net, www.swcastnetwork.com, www.mytuner.net, www.bitwax.net, www.viatuner.net, www.clubradio.net, www.clubradionetwork.com www.jplprogram.com, www.jplprogram.co.uk, and www.globalstationtuner.com, including related subdomains.
  • "SWCast Network Acceptable Use Policy" refers to this document located at http://www.swcast.net/legal/policy.html .
  • "SWCast Network Users" refers to all end-users of the SWCast Network Service.

Acceptance of Policy.

By using the SWCast Network Service, SWCast Network Users agree to be bound by the terms and conditions set forth in this document. SWCast Network reserves the right, at its sole discretion, to change, modify, or otherwise alter these terms and conditions at any time. Such changes and/or modifications shall become effective immediately upon the posting thereof.

Questions regarding these terms and conditions should be addressed to legal@swcast.net .

Restrictions of Use.

SWCast Network grants SWCast Network Users non-exclusive and limited right to use the SWCast Network Service for personal, recreational purposes only. SWCast Network Users are not receiving any ownership or proprietary right, title, or interest in the SWCast Network Service including, but not limited to, the copyrights, trademarks, patents, trade-secrets, and other intellectual property related thereto.

SWCast Network Users may not use the SWCast Network Service in such a fashion as to

  • defame, abuse, harass, threaten, or otherwise impose harm upon other SWCast Network Users;
  • infringe upon the privacy, copyrights, trademarks, patents, or trade-secrets of other SWCast Network Users;
  • restrict, impede, or inhibit other SWCast Network Users from accessing the SWCast Network Service;
  • statistically monitor or collect personal or account-related information about other SWCast Network Users;
  • republish, relay, retransmit, or record any broadcast audio transmission from the SWCast Network Service;
  • bypass or circumvent authentication or account-tracking mechanisms used by the SWCast Network Service;
  • impersonate by any means the owners, operators, or administrators of the SWCast Network Service;
  • transmit viruses, trojan horses, or other potentially damaging material to or through the SWCast Network Service;
  • enable the high-volume dissemination of unsolicited commercial email to or through the SWCast Network Service;
  • disassemble, reverse engineer, decompile, modify or alter the SWCast Network Service;
  • prepare, design, develop, or publish derivative works based upon the SWCast Network Site; or
  • violate any applicable local, state, national, or international government laws, treaties, or regulations.

In addition, SWCast Network Users may neither operate any bot, botnet, or spider nor undertake any iterative technique, be the source localized or distributed, which could

  • impose an unreasonably large traffic load on the SWCast Network Service;
  • gain any type of commercial benefit from the SWCast Network Service;
  • disrupt or impair the security or integrity of the SWCast Network Service.

Grant of License.

By contributing any original creative works to SWCast Network for publication, SWCast Network Users thereby grant SWCast Network a worldwide, royalty-free license in such creative works for purposes of reproduction, adaptation, public performance, synchronization, and publication. This license shall terminate upon the removal of such creative works from the SWCast Network Site.

Furthermore, SWCast Network Users represent and warrant that the rights in such creative works are owned by or otherwise assigned to the same for the express purposes herein described.

Termination.

SWCast Network, in its sole discretion, reserves the right to limit, deny, or create different priorities to different SWCast Network Users. SWCast Network, in its sole discretion, reserves the right to modify, extend, or remove some or all of the functionality of the SWCast Network Service at any time and without prior notice.

Cost of Use.

SWCast Network may charge a membership fee for use of the SWCast Network Service, including but without limitation, initial setup, upgrades, and access to specific functionality of the SWCast Network Service. Any such fees will be posted for notification purposes on the SWCast Network Site.

PRICES AND AVAILABILITY OF THE PRODUCTS AND SERVICES LISTED ON THE SWCAST NETWORK SITE ARE SUBJECT TO CHANGE WITHOUT NOTICE.

Third-Party Websites.

The SWCast Network site may incorporate hyperlinks to third-party Websites. SWCast Network Users acknowledge that third-party Websites are neither controlled by nor endorsed by SWCast Network, and therefore use of such third-party Websites is beyond the scope of this Acceptable Use Policy. SWCast Network disclaims all liability arising from and relating to the availability of hyperlinks to third-party Websites.

Disclaimer.

THE SWCAST NETWORK SERVICE IS PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS. SWCAST NETWORK MAKES NO WARRANTY, REPRESENTATION, OR GUARANTY AS TO THE CONTENT, SEQUENCE, ACCURACY, TIMELINESS, OR COMPLETENESS OF THE SWCAST NETWORK SERVICE. SWCAST NETWORK MAKES NO WARRANTY, REPRESENTATION, OR GUARANTY THAT THE SWCAST NETWORK SERVICE AND THE INFORMATION OBTAINED THEREIN MAY BE RELIED UPON FOR ANY PARTICULAR REASON OR PURPOSE. SWCAST NETWORK MAKES NO WARRANTY, REPRESENTATION, OR GUARANTY THAT USE OF THE SWCAST NETWORK SERVICE WILL BE UNINTERRUPTED, SECURE, VIRUS-FREE, OR ERROR-FREE NOR THAT ANY DEFECTS CAN BE CORRECTED.

Indemnification.

SWCast Network Users agree to defend and hold harmless SWCast Network and its affiliates, its contractors, its agents, and its assigns from all claims and demands, including reasonable attorney's fees, made by any third-party arising from SWCast.net Users' activities with respect to or in connection with the SWCast Network Service.

Copyrights and Trademarks.

Copyright © 2003-2008, SWCast Network, Inc. All rights reserved.

"SWCast Network" is a registered U.S. servicemark of SWCast Network, Inc.

"SWCast.net", "Joint Performance Licensing Program", "Global Station Tuner", "ClubRadio.net", "ClubRadio Network", "MyTuner", "BitWax", "ViaTuner", "The future of Webcasting" "Where the music matters, and its integrity is valued", and "Tune-in, listen, dance", including the associated logotypes, are trademarks or servicemarks of SWCast Network, Inc.

"Intraversal" is a registered U.S. servicemark of Intraversal Communications Corp.

All other trademarks or servicemarks used herein are property of their respective owners.

General.

Choice of Law and Forum.

This Acceptable Use Policy shall be governed by and construed in accordance with the laws of the State of Illinois. SWCast Network Users irrevocably consent to the exclusive jurisdiction of and venue of the courts, whether they be state or federal, located within the State of Illinois in all claims or disputes arising from or relating to use of the SWCast Network Service.

Statute of Limitations.

SWCAST NETWORK USERS AND SWCAST NETWORK AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATING TO USE OF THE SWCAST NETWORK SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Waiver and Severability.

The failure of SWCast Network to exercise or enforce any provision in this Acceptable Use Policy shall not constitute a waiver of such provision. If any article of this Acceptable Use policy is held to be invalid or unenforceable, that article shall be construed in a manner consistent with applicable law to best reflect the original intentions of both parties while the remaining articles shall endure their full effect.

Section Headings.

The section headings in this Acceptable Use Policy are for convenience only and have no legal or contractual effect.

Entire Agreement.

This Acceptable Use Policy constitutes the entire understanding between SWCast Network Users and SWCast Network with respect to the subject matter hereof. There are no understandings, agreements, conditions or representations with reference to the subject matter herein that are not expressly referenced herein or superseded hereby.


Last Updated: 01-Jan-2008