ShwóŋCast, e-mail: firstname.lastname@example.org ("ShwóŋCast" or "we" "our" or "us") owns or controls, and provides access to the ShwóŋCast.com website, at the url www.shwoncast.com and all subdomains under the shwoncast.com domain and related properties (the "Website"), any ShwóŋCast.com client software, the ShwóŋCast.com widgets, the ShwóŋCast.com API and all proprietary services, software, data and materials accessed via the Website (the "Services"). The Website and the Services may be referred to hereby as "the Properties".
Users who want to create a web-radio using the services provided by ShwóŋCast will need to register and create their own user account.
ShwóŋCast provides the technical means permitting the creation of web-radio by replacing the usually complex and expensive set up of hardware, software and operations needed to run a webradio station with simply and easy to use web tools.
ShwóŋCast reserves it's right to add, change, remove, suspend or discontinue any element/aspect of the Website and/or the Services at any time at it's sole discretion without notice. Moreover ShwóŋCast may impose limits and/or restrict access to parts of or all of the Properties without notice and without liability to you or any third party.
You will be asked to make a registration and create an account in case you want to become a "station owner"(see " Webcasting Agreement").
If you create a user account, you agree to accept responsibility for all activities that occur under your account or password, if any, and agree you will not sell, transfer or assign your user 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, user name or password in whole or in part.
You must comply with the standing legislation (national, European and international) and not unlawfully or abusively use the Website/Services/Properties and their content. You are liable for any damage you cause to ShwóŋCast from the unlawful or abusive use of the Properties and their contents. In such case ShwóŋCast is entitled to terminate the violation, prohibit its continuation and claim damages.
ShwóŋCast reserves the right to remove or delete any /user's content and to prohibit the use of the website for any reason. ShwóŋCast reserves the right to terminate any user's account and/or delete, move or edit any of your uploaded information-content, in whole or in part, and/or take such other action as ShwóŋCast.com sees fit in relation to any user, for any reason, especially in case of a breach of ShwóŋCast's acceptable use policy or any of the other terms set forth herein, and /or proceed thereafter with court actions if necessary.
You agree that you are responsible for the content (e.g. comments, messages, etc.) that you post, submit and transmit within ShwóŋCast's blog or any other area permitting users to post comments. . When you are uploading or otherwise make available such content within ShwóŋCast's blog, you guarantee that you have the right to make available such content, that you do not violate rights of third persons (intellectual property, right of personality, penal law, commercial law, consumers law, etc), that you have all the necessary licenses for the respective use, that you release ShwóŋCast from any royalties or other kind of claims. You acknowledge that the sole responsible for such content is the person from whom it originates.
ShwóŋCast is not obliged to and does not control the content. ShwóŋCast is not liable for any mistakes, omissions or unlawful, unethical, offensive, threatening, inaccurate, unsecured, inappropriate to adults and/or to children etc content made available through its Services from the users.
Furthermore, ShwóŋCast is not liable for any loss or damage incurred to the users of the website by accessing or using the content uploaded by other users on its platform. The sole responsible is the person from whom the content originates.
You agree and guarantee that you will not post, submit, transmit or otherwise make available any user's content that:
You are not allowed to upload sound recordings or other protected material for which you have not been transferred the rights otherwise you will be liable for violation of the relevant legislation.
You are not allowed to collect or store personal data/information of other users. ShwóŋCast is not liable for the deletion or failure to store Content, communications or personal settings and does not guarantee that the function of its services will be uninterrupted and without errors or viruses function of its services or that the deficiencies of the system will be corrected.
By uploading content you grant ShwóŋCast (and its affiliates, sublicensees, partners, designees, and assignees) a non-exclusive, royalty-free, perpetual, sublicensable, transferable, worldwide license to use, reproduce, distribute, communicate to the public, modify, adapt, and otherwise exploit your content and derivatives thereof. You hereby acknowledge that any act effectuated by ShwóŋCast is not to be considered as infringement of your moral rights but as a lawful exercise of these rights (waiver of moral rights).
You agree to indemnify and hold harmless ShwóŋCast from any claims, damages/injury and costs, including attorney's fees arising out of the Content you, the breach of these Terms, any violation of any rights of third parties.
You hereby release and discharge ShwóŋCast from any actions, suits, liability, claims and demands that you have or will have arising from the use of the website and its Services. You acknowledge that ShwóŋCast is not liable for any loss or damage incurred from actions of the users, for example direct or indirect, coincidental, secondary, civil or penal.
In case users link to other websites -without prejudice to ShwóŋCast's rights- ShwóŋCast disclaims any liability whatsoever. Since ShwóŋCast does not control these websites, you agree that ShwóŋCast is not responsible for their content, accuracy or legality. ShwóŋCast is not associated and does not endorse/support or approves the content of these links. ShwóŋCast is only providing these links to you as a convenience. You understand that by accessing third party websites you do it at your own risk and that ShwóŋCast is not liable for any damage caused to you from accessing such websites. ShwóŋCast accepts no responsibility for the content and/or conduct of other websites.
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". ShwóŋCast.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. ShwóŋCast 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 ShwóŋCast.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 ShwóŋCast.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 ShwóŋCast.com or law enforcement authorities regarding your use of the Properties or Content; (d) any action taken in connection with copyright or related rights 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).
ShwóŋCast.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 ShwóŋCast.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 ShwóŋCast.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 ShwóŋCast.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.
ShwóŋCast respects intellectual property. We aim to respond any claim that the content and/or Content posted or uploaded infringes intellectual Property rights of ay person. In order to be able to respond to your claims, please contact us by mail at the address or by e-mail at email@example.com In your notice you are asked to include a detailed description of the alleged infringement in a way that ShwóŋCast will be in position to identify material. Your notice should be properly signed and your contact details should be included. Please, bear in mind that you may be asked to pay damages (including costs and attorney's fees) if you have intentionally mislead ShwóŋCast.
ShwóŋCast.com reserves the right to restrict, suspend, deny or terminate access to all or part of the Website or any Service and to deny access to any person in its sole discretion without notice or liability of any kind.
ShwóŋCast reserves the right to refuse service to anyone for any reason at any time.