SpacialNet User Agreement & Acceptable Use Policy
This User Agreement sets forth the terms and conditions under which Spacialnet permits you to use the services or products offered by SpacialNet, including creating Broadcasts featuring digital-based content for transmission or is accessible through Spacialnet.com’s web site/services. You must have read this agreement carefully and fully agree to abide by it’s terms before creating any Internet Broadcast for transmission or use any of SpacialNet's offered services. By utilizing the Spacialnet.com site/services, you acknowledge that you have read and agree to abide by the terms and conditions set forth in the following:
1. Legal Notice
You as the source broadcaster accept full responsibility for any royalty fees associated with your stream. Spacialnet's function is merely as a service provider for Stream hosting and for use of technology developed by Spacial Audio Solutions, LLC and does not directly benefit in any way on the performance of content.
3. Rules Relating to the Transmission of Digital Content
Spacialnet.com permits you to create Internet Broadcasts for transmission in conjunction with the Spacialnet.com web site. You may create real-time Broadcast programming for live transmission. You may alternatively create Internet Broadcasts for transmission via Spacialnet.com’s services by uploading digital-audio files from your computer to a specialized and secure area of Spacialnet.com’s provided service from which you may also Stream your Broadcast. You agree to comply with the following rules in addition to all other legal requirements and rules, including those identified in other sections of this agreement with respect to all Broadcasts created by you for transmission via Spacialnet.com’s service, including those transmitted in any other methods currently used or to be possibly introduced by Spacialnet.com in the future:
a. Any Broadcast Programming relayed to Spacialnet.com from a Web site owned and operated by a third party must be authorized by the owner(s) of rights in the original programs from which such Broadcast Programs are derived. In the event you choose to create Derived Programs for transmission via Spacialnet.com services, you represent and warrant that you have obtained all authorization necessary to allow such Derived Programs to be transmitted to the public via the Spacialnet.com services, including any necessary licenses required under the Digital Millennium Copyright Act (the "DMCA") and any applicable local, state, national, or international laws.
b) You agree not to post, upload or transmit to the Spacialnet.com services any materials such as files or sound recordings that:
i. Contain any viruses, Trojan horses, worms, time bombs, bots, or other disabling devices or other harmful component intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
ii. Advocate or encourage any illegal activity;
iii. Violate the privacy of individuals, including other users of the Spacialnet.com web site and services;
iv. Violate any applicable local, state, national, or international law (including, without limitation, the DMCA).
v. Spam or "Mass" e-mail any user, visitor or member of Spacialnet.com or its Affiliates.
Spacialnet.com in its sole discretion shall determine your compliance with the foregoing rules, and reserves the right to block Broadcasters in violation and or delete from the Spacialnet.com services without prior notice any material that it deems to be non-complying or otherwise objectionable for any reason. Spacialnet.com may take any action it deems necessary with respect to your Broadcast Programming or any other material posted by you on the Spacialnet.com web site/services, if Spacialnet.com finds, in its sole and exclusive judgment, that such Broadcast Programming and/or other material may result in liability being imposed upon Spacialnet/Spacialnet.com or may cause the loss (in whole or in part) of the services of its ISP or other service providers and or Licensers.
c. You are not permitted to use Spacialnet.com's name, URL, trademarks, copyrights or properties without the expressed written consent of an agent of Spacialnet.com unless otherwise specified.
d. You agree to comply with all laws and regulations applicable to your use of the Spacialnet.com web site/services and any materials you upload to or transmit via Spacialnet.com's servers.
4. Representations and Warranties
In addition to any other representations and warranties contained herein, you represent and warrant that:
a. You have full right and power to enter into and perform this Agreement, and have secured all third-party consents necessary to enter into this Agreement;
b. All factual assertions that you have made and will make to Spacialnet.com and it’s entities are true and complete;
c. You are of the age of majority and have the full and complete right to agree to the terms contained in this Agreement;
d. With respect to each Sound Recording Broadcast by you through Spacialnet.com, either:
i. You own or control all rights in any such sound recordings including all rights in the underlying Musical Composition ; or
ii. [A] all writers of the songs embodied in the sound recording are affiliated with BMI, ASCAP or SESAC; and [B] the sound recording is subject to a compulsory license under the DMCA -17 U.S.C. § 114(e)-(f)
Spacialnet.com reserves the right to terminate this Agreement immediately and without notice for any or no cause, at any time. Further, Spacialnet.com may terminate your access to it’s web site and or services immediately and without notice if: (a) you breach this Agreement; (b) you infringe the intellectual property rights of any third party in connection with your use of Spacialnet.com web site/services; or (c) any material transmitted by you via the Spacialnet.com web site/services violates any applicable laws.
6. Adequacy of Consideration
You understand and agree that the consideration specifically stated in this agreement is the complete and total consideration due to you from Spacialnet.com and you shall not look to Spacialnet.com for any compensation or further consideration of any kind.
7. Choice of Law Venue
The laws of the State of Texas, Dallas County, Dallas Texas, USA shall govern the interpretation and enforcement of this Agreement.
In no event shall you be entitled to injunctive or other equitable relief based on any act or omission of Spacialnet.com, or any breach of this Agreement by Spacialnet/Spacialnet.com.
9. Entire Agreement
This Agreement constitutes the entire understanding of the parties with respect to the subject matter hereof. There are no understandings, agreements, conditions or representations, oral or written, express or implied, with reference to the subject matter hereof, that are not merged herein, expressly referenced herein, or superseded hereby.
10. Independent Contractor
Nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise between you and Spacialnet.com.
The provisions of this Agreement are independent of each other and the invalidity of any provision or a portion thereof shall not affect the validity or enforceability of any other provision. In the event that any particular provision is found to be invalid or unenforceable, such provision shall be deemed to have been replaced with a valid and enforceable provision that approximates as closely as possible the intent of the parties as reflected in the original provision.
12. No Waiver
Any delay or failure on the part of Spacialnet.com to enforce any rights hereunder to which it may be entitled shall not be construed as a waiver of the right and privilege to do so at any subsequent time.
You indemnify and hold harmless Spacialnet.com and the officers, directors, employees, partners, principals, agents and representatives of Spacialnet/Spacialnet.com from, against and in respect of any and all demands, claims, actions, causes of action, liabilities, losses and expenses, including reasonable attorneys' fees arising out of or relating to any breach by you of any covenant, representation or warranty made by you in this Agreement, including without limitation, any claims that your Broadcast Programming violates the intellectual property rights of any third parties.
All provisions which must survive in order to give effect to their meaning, shall survive any expiration or earlier termination of this agreement, including, without limitation all of your representations, warranties and indemnification obligations.
15. Disclaimer of Warranties; Limitation of Liability
EXCEPT AS SPECIFIED IN THIS AGREEMENT, Spacialnet.COM DOES NOT MAKE ANY WARRANTY IN CONNECTION WITH THE SUBJECT MATTER OF THIS AGREEMENT AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE REGARDING SUCH SUBJECT MATTER. IN NO EVENT WILL Spacialnet.COM BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WHETHER OR NOT Spacialnet.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE SERVICES AND THE SUPPORT ARE PROVIDED BY Spacialnet.COM ON AN "AS IS" BASIS, AND Spacialnet.COM EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICES OR ANY SUPPORT AND RESULTS. IN NO EVENT SHALL Spacialnet.COM BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PROSPECTIVE, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER WITH RESPECT TO THE SERVICES, THE SUPPORT AND THE RESULTS.