Webcaster and Simulcaster Agreement

Radiojar SA, 2 Eyristheos street, Athens, 11854, Greece, e-mail:[email protected] ("Radiojar" or "we", "our" or "us") owns or controls, and provides access to the Radiojar.com website, at the url www.radiojar.com and all subdomains under the radiojar.com domain and related properties (the "Website"), any Radiojar.com client software, the Radiojar.com widgets, the Radiojar.com API and all proprietary services, software, data and materials accessed via the Website (the "Services" or "Properties").

Radiojar provides the technical means permitting you -a webcaster, hereinafter referred to as "you" or "webcaster" or "station owner"- to easily become a webcaster, by replacing the usually complex and expensive set up of hardware, software and operations needed to run a webradio station with simple and easy to use web tools. By using Radiojar’s technical means you can create your own Webradios and stream via your site or third party site or any other platform or any other means your programs including musical and other audio content produced by you.

Bear in mind that in order to access the above mentioned services of Radiojar you need to REGISTER and create your OWN ACCOUNT.

Moreover, all potential "station owners" need to conform to and accept the "Terms of Use", to the present "Webcasting Agreement" and our "Privacy Policy", by clicking the TERMS OF USE, our PRIVACY POLICY and the present WEBCASTING AGREEMENT, otherwise they will not have access to our Services.

Please, also, take into consideration that making a registration and creating your own user account does not necessarily mean that you will be asked to pay any fees.

Radiojar reserves the right to modify the terms and conditions of the "Terms of Use" and/or of the present "Webcasting Agreement" and/or of the "Privacy Policy" or alter or end its Services at any time at it`s sole discretion. In this event Radiojar will contact you to the e-mail addresses you have submitted at the registration procedure and you will be asked to accept the amended terms and conditions in order to continue using our Services. If you have already paid fees for a specific period, the new Webcasting Agreement shall apply at the moment of the renewal of the subscription by you.

In order to produce and communicate to the public your own programs you are initially asked to register to our Service and then to read and accept unconditionally all the provisions set by our "Terms of Use", this Webcasting Agreement and our "Privacy Policy. You agree to provide only true and accurate information. You further acknowledge that you will control your account and that you are liable for any unlawful act occurred under your account. You are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer so that others may not access any password protected portion of the Website or other Properties using your name, username, or password in whole or in part.

The services provided by Radiojar are available to any person with legal capacity/capacity to exercise legal rights.

1. Fees & Payment

   1.1 Fees (price list):

   Radiojar charges a fixed monthly fee to the station owners for the use of its Services and the dissemination of the audio programs they produce. The fees corresponding to the use of this services are indicated on the price list of our website. Such fees must be prepaid every month. VAT may be added to the fees mentioned in the price list, pending on your location.

   In case you exceed the plan allowances, as indicated in the price list, during a monthly billing period, any additional use of resources by you, will be charged extra for that month as indicated in the price list, using the same method entered in the subscription plan.

   Radiojar is entitled to terminate the agreement if the webcaster does not pay the relevant costs/fees and/or any extra costs (including taxes, such as VAT) by the end of the billing period.

   Radiojar reserves the right to change the price list and charge differently for its Services. In such event the new prices will be posted on the price list. These changes will not affect the user who has already paid fees for a specific period. In this case the new fees will apply at the moment of the renewal of the subscription by the user.

   After the expiration of the prepaid period, this Agreement will be automatically renewed for the same period that you selected when registering.

   1.2 Payment process:

   The fee (as chosen from the price list) must be paid via credit card or debit card or online banking or prepaid card. You may only order subscriptions if you are considered capable of entering into an enforceable contract in the applicable jurisdiction. You agree to pay in full the prices for any purchases you make either by credit/debit card concurrent with your online order or by other payment means acceptable to Radiojar.com. If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us.

   Any Additional credit or debit charges that may incur due to the transaction will be paid by you and not by Radiojar.

   In order to secure the payments through your credit cards, Radiojar collaborates with certified payment service providers operating according to the provisions of the relevant legislation.

   In order for the payment of the monthly subscription to be accomplished, you are directed to a secure page of the collaborating payment service provider which is linked to Radiojar's website. There you:

   1. register your card details, ie the full name of the owner of the card, the card number, the expiry date (month and year) of the card, the security code (verifying the authenticity of the card) imprinted in the appropriate space of the card reserved for the signature of the holder (CVV / VISA or CVC / MC),in order to check the validity of the cards and safely carry out the transaction.
   2. may provide a monthly direct debit for a monthly repeated charge on your card, of the amount of the monthly subscription.

   Radiojar does not store the data inserted by you in relation to the number of the card or the card security code verifying the authenticity of the card (for example CVV/VISA or CVC/MC). The service provider collaborating with Radiojar controls the data inserted and informs electronically Radiojar, for the approval or the rejection of the transaction.

   All initial charges are due on the date of registration and all fees of every renewal shall be due and paid on the same day (as the day of the registration) every next month.

   In case a transaction is rejected, irrespectively of the reason of the rejection (which could be for example default on overdraft, failure of the system of the payment service provider or of the Bank issuing the card) you must ensure the payment, otherwise Radiojar is entitled to stop providing its services to you.

   Radiojar is under no circumstances liable in case the payment service provider fails to inform Radiojar on the successful accomplishment of the payment of the monthly subscription or due to reasons related to the Internet Service Provider. In any case if Radiojar is not informed on the approval of the payment for reasons which are not due to Radiojar, but the transaction is charged to your card, then Radiojar will assume that you have cancelled the procedure of the payment of the monthly subscription.

   If for any reason you dispute the transactions related to Radiojar services, you must notify Radiojar within 20 days. In this event Radiojar is entitled to seek all necessary information from the payment service provider in order to ensure that a charge is normally completed in accordance with the rules governing electronic card payments.

   1.3 Invoices:

   Invoices will be sent to the e-mail that you have indicated at the registration process. For that reason please make sure that you have registered your current e-mail.

   1.4 Cancellation of the Account:

   If upon expiration of the prepaid period, you don't want to continue using Radiojar's Services, you have to cancel your account, otherwise the subscription will be automatically renewed. Please make sure that you have canceled your account before the billing date, if you want to avoid to be charged for the renewal period.

   If the fees are not paid on time, Radiojar reserves the right to terminate your account.

   1.5 Refund:

   Within 14 calendar days from the date of the first transaction/payment, you have the right to withdraw from the use of Radiojar's Services. In this case, Radiojar will return to you the amount prepaid in relation to the remaining days of the prepaid period, within thirty (30) calendar days from the date of exercising the right of withdrawal.

2. Permitted acts and restrictions

   Radiojar gives you the opportunity to produce your own webradio programs by providing you the related technical means. Radiojar does not communicate to the public the content and/or proceed with any act which could be considered as communication to the public or broadcasting or public performance. Radiojar only provides you with the technical means for the creation of your Webradios.

   While transmitting your programs through Radiojar you must respect the following requirements/rules, in addition to all other legal requirements and rules including those identified in other paragraphs of the present Webcasting Agreement and of the Terms of Use:

   1. You must provide Radiojar with all the details of your name/distinctive title, title of your radio station, URL, seat/ register number, and telephone.
   2. You can communicate your audio programs to the public only in real time, i.e. live streaming.
   3. You are only allowed to play sound recordings that you have legally acquired and which originate from an authorized source and are not unlawful copies that have been downloaded illegally or obtained from an unauthorized third party.
   4. You are obliged to acquire on your own all respective licenses from all competent collecting societies and/or rightholders, in relation to the transmission that you wish to effectuate. The webcaster may have to provide Radiojar with the respective documentation proving that the webcaster has acquired the respective licenses. Radiojar is not responsible for the payment of royalties and accepts no responsibility whatsoever in case you do not abide to this obligation and reserves it's right to stop providing its services, according to the terms mentioned in Article 4 and 7 of the present agreement. In the event that the webcaster claims to transmit works which are not protected under Copyright, the webcaster will have to provide Radiojar with a signed Statement declaring that he is not using and does not intend to use any Copyrighted material.
   5. Any circumvention of any technical protection measures or in general DRMs is prohibited.
   6. You are not allowed to transmit sound recordings or in general content or in general act in way that:
      1. Is defamatory, fraudulent, deceptive, racial, abusive, threatening, harassing, pornographic or illegal and does not comply with the standing legislation (national. European and international),
      2. May infringe intellectual property rights of others such as Copyright, Trademarks, trade secrets, patents or may harm the right of privacy or any other right of any party.
      3. Is unlawful or encourages or supports illegal activities
      4. Invades privacy of the others, collects personal data etc
      5. Serves your commercial purposes or advertises your products
      6. Competes with Radiojar's activity and interests.

   If you do not respect the aforementioned conditions, Radiojar is entitled to stop the transmission of the programs, according to the terms mentioned in Article 4 and 7 of the present agreement.

3. License

   By entering this Agreement it is understood that in order for Radiojar to provide its services to you it has to proceed with certain acts related to your content. These acts are of purely technical nature and they are not to be consider as an exploitation of the content. You grant permission, to proceed with such acts.

   You acknowledge that this agreement may be assigned by Radiojar for any reason without notice to you or your consent, to any third person or entity. In such case Radiojar's successors or assigns may terminate this agreement by giving immediate written notice to you. Notwithstanding such termination all warranties, indemnities and representations set forth herein (as regards all users) remain in full force and effect. You hereby acknowledge that any act effectuated by Radiojar is not to be considered as infringement of your moral rights but as a lawful exercise of these rights (waiver of moral rights).

4. Warranties-Indemnification:

   In addition to any other representations and warranties contained herein and in the "Terms of Use", you represent and warrant that:

   1. you have full right and power to enter into and perform the present agreement
   2. you are of the age of majority and have the full and complete right to agree to the terms contained herein
   3. you will abide to all the obligations and rules of section 3 above, as well as of any other section of the present agreement.

   You hereby indemnify and hold Radiojar harmless and agree to defend against any third party claim or action brought against Radiojar or any of its parent, subsidiary or affiliated companies, from and against any and all claims, actions, losses, liabilites, damages, costs and expenses (including legal fees and costs) arising out of or in connection with any claim(s) that would constitute a breach of any warranty, representation, covenant or agreement made by you in this agreement. You agree to indemnify and hold Radiojar harmless from any claims, damages/injury and costs, including attorney's fees arising out of the Content you or any user has uploaded or posted on the Website, the breach of the present webcasting agreement and/or the "Terms of Use and/or the " Privacy Policy", and/or any violation of any rights of third parties.

   You acknowledge that Radiojar has the right to suspend access to streaming that derives from unauthorized or illegal content. The said suspension will be effectuated five days from the receipt of the relevant request from the rightholder, his collecting society etc.

   Radiojar reserves its right to terminate at any time your use of its Services/Properties/Website even by closing down your web radio, in case of any breach of the present agreement which may impose liability upon Radiojar (for example if you transmit unauthorized or illegal content). In case Radiojar is informed by any rightholder (e.g. any Collecting Society) of any infringement, the said suspension will be effectuated five (5) days from the receipt of the relevant request from the third party ("notice and take down").Radiojar has no responsibility/liability whatsoever.

5. Intellectual Property Ownership- Software

   The past, present and future content of the Properties, including without limitation, copyright works and all intellectual property rights such as software, logos, trademarks domain names, designs, graphics, pictures, photos, texts, newsletters, etc and any and all copyright material and all other intellectual property right and/or materials related to the Properties (collectively "Content") are the sole property of Radiojar. No rights in or to the Content and/or to the Properties are granted to you. All programs produced by the webcasters of the Website are deemed part of the "Content".

6. Further acknowledgments:

   By entering this Webcasting Agreement you further acknowledge that Radiojar has the right to assign the present Agreement without notice to you. This assignment includes the right to permit to other entities to further transmit the Webcaster's programs.

7. Termination

   Radiojar reserves the right to terminate this Agreement at any time, without prior notice and without liability. It is however certain that Radiojar will prohibit you from using its services if: a) you infringe intellectual property of third parties or violate any applicable law, b) you do not abide to the rules-obligations, set forth in this Agreement and if you breach this Agreement in any way.

   Radiojar has the right to suspend access to streaming that derives from unauthorized or illegal content. Radiojar reserves its right to terminate at any time your use of its Services/Properties/Website even by closing down your web radio, in case of any breach of the present agreement which may impose liability upon Radiojar. In case Radiojar is informed by any rightholder (e.g. any Collecting Society) of any infringement, the said suspension will be effectuated five (5) days from the receipt of the relevant request from the third party ("notice and take down"). Radiojar has no responsibility/liability whatsoever.

8. Disclaimers

   Without limitation of anything else set forth in the present webcasting agreement and the "Terms of Use" and the "Privacy Policy", you understand and agree that Radiojar further limits its liability in connection with your use of its properties as set forth below:

   The Properties, including, without limitation, all Content, Software, and functions made available on or accessed through or sent from the website, are provided "AS IS," "as available, " and "with all faults". Radiojar.com and its parents, subsidiaries and affiliates make no representation or warranties or endorsements of any kind whatsoever (express or implied) about: (a) the Properties; (b) the Content and Software on and provided through the Properties; (c) the functions made accessible on or accessed through the Properties; (d) the content and information sent from or through the properties by users; (e) any products or services offered via the website or hypertext links to third parties; and/or (f) the treatment of any information, content, material or data transmitted by users to the Properties; (g) security associated with the transmission of information through the properties or any linked site. Radiojar is trying to build the best service for its users, however, it cannot guarantee the uninterrupted or error-free function of the Website or that the defects will be corrected or that it will be free of viruses. Therefore Radiojar.com does not warrant that the Properties, any of the Properties' functions or any Content contained therein will be uninterrupted or error-free; that defects will be corrected; or that the Properties or the servers that make them available are free of viruses or other harmful components.

   Under no circumstances shall Radiojar.com, its parent, subsidiaries, or affiliates or the directors, officers, employees, or other representatives of each of them, be liable to you for any loss or damages of any kind, including, without limitation, for any special, direct, indirect, incidental, exemplary, economic, punitive, or consequential damages that are directly or indirectly related to (a) the Properties, the Content, or your upload information; (b) the use of, inability to use, or performance of the properties or any of the Content or features thereon; (c) any action taken in connection with an investigation by Radiojar.com or law enforcement authorities regarding your use of the Properties or Content; (d) any action taken in connection with copyright owners; (e) any errors or omissions in the Properties' technical operation, (including, without limitation, whether caused in whole or in part by negligence, acts of god, telecommunications failure, or theft or destruction of the Properties).

   Radiojar.com is not responsible for any damage to any user's computer, hardware, computer software, or other equipment or technology including, without limitation, damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction.

   Your access to and use the Properties is at your own risk. If you are dissatisfied with the Properties or any of the Content, your sole and exclusive remedy is to discontinue accessing and using the Properties or the Content.

   You recognise and confirm that in the event you incur any damages, losses or injuries that arise out of Radiojar.com's acts or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing any exploitation of any web site, property, product, program, or other audio content owned or controlled by Radiojar.com and/or its parents, subsidiaries, and/or affiliates or your upload information, and you will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of any Radiojar.com web site, services, properties, product, program, music, or other audio or other content or your upload information or any and all activities or actions related thereto.

   IN NO EVENT SHALL THE AGGREGATE LIABILITY OF RADIOJAR EXCEED THE AMOUNT YOU HAVE PAID WITHIN THE LAST 3 MONTHS.

   Radiojar disclaims any liability in case any user does not conform to all of the obligations-restrictions mentioned anywhere within the present agreement and/or the "Terms of Use" and/or the "Privacy Policy", and especially in section 2 of the present agreement.

   Radiojar disclaims any liability in the event that the webcasters a) have not acquired the necessary licenses. from the collecting societies or rightholders, in order to be able to lawfully transmit their programs (as indicated under paragraph 2 d) and b) transmit works protected by Copyright such as books, poems etc, thus, works other than the musical works/recordings for which they have acquired licenses.

9. Privacy Policy

   Registration data and certain other information about you are subject to our Privacy Policy. Please read the Privacy Policy for information on how your personal data and other information about you will be handled. By accepting the present "Webcasting Agreement” and the "Terms of Use" you are also accepting the terms of the "Privacy Policy", which is incorporated herein by reference for all purposes.

10. Data Processing on behalf of Webcaster

    Radiojar collects and stores information of listeners (the “Listeners”) of the Webcaster’s web radio and/or associated and/or affiliated broadcasting websites and apps selected/used by the Webcaster, via Radiojar’s embedded services. Such data is collected via the above- mentioned websites and is processed by Radiojar on behalf of the Webcaster, who is responsible for acquiring all relevant lawful consents for the collection and processing of such data and for complying with all obligations of Data Controllers set out in the GDPR and all further applicable Data Protection Legislation. Radiojar only collects the following “listeners’” data:

    1. the connection data of the inquiring computer (IP address)
    2. the pages the listener has visited in the above-mentioned websites, the date and duration of the visit
    3. the identification data of the employed browser and operating system type
    4. the website from which the listener accessed the above-mentioned websites.

    This data is only processed by Radiojar on behalf of the Webcaster in order to provide the Webcaster with metrics and further statistical info concerning the usage of his webradio. All such data provided to the Webcaster are completely anonymous and the Webcaster is not provided any IP address of listeners or any similar data which may lead to the identification of an individual listener. Processing of such Data by Radiojar is controlled by Annex A (“Data Protection Agreement”) attached to this Webcaster Agreement.

11. Miscellaneous

    1. In case any of the provisions of this Terms of Use is found to be invalid, it shall not affect the validity of the other provisions that will remain in force.
    2. The Parties have agreed to all of the terms and conditions contained in this Agreement, additionally to the "Terms of Use and to our "Privacy Policy".

12. Governing Law - Jurisdiction

    The present Webcasting Agreement and its interpretation shall be governed by and construed in accordance with the Greek Law and the parties consent to the exclusive jurisdiction of the Courts of Athens.