These Terms and Conditions (“Terms”, “Terms and Conditions”) govern your relationship with House Music Community On-Air (HMCOnAir) live streaming platform (the “Service”) operated by HMCOnAir (“us”, “we”, or “our”).
Please read these Terms and Conditions carefully before using our HMCOnAir streaming platform (the “Service”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
How our services are funded
We are able to provide you top rate services by charging subscription fees for some of our services and by showing you ads that businesses and organizations pay us to promote on and off of our products and services. We use your personal data, such as information about your activity and interests, to show you ads that are more relevant to you.
Protecting people’s privacy is central to us and do our best to show you relevant and useful ads without telling advertisers who you are. We don’t sell your personal data.
We also provide advertisers with reports about the performance of their ads to help them understand how people are interacting with their content. We don’t share information that directly identifies you (information such as your name or email address that by itself can be used to contact you or identifies who you are) unless you give us specific permission.
Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select or are in place when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or HMCOnAir cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting HMCOnAir customer support team. A valid payment method, including a credit card, is required to process the payment for your Subscription. You shall provide HMCOnAir with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize HMCOnAir to charge all Subscription fees incurred through your account to any such payment instruments. Should automatic billing fail to occur for any reason, HMCOnAir will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
HMCOnAir may, at its sole discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial”). You may be required to enter your billing information in order to sign up for the Free Trial.
If you do enter your billing information when signing up for the Free Trial, you will not be charged by HMCOnAir until the Free Trial has expired. On the last day of the Free Trial period, unless you canceled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.
At any time and without notice, HMCOnAir reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
HMCOnAir, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle. HMCOnAir will provide you with reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective. Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Except when required by law, paid Subscription fees are non-refundable.
When you create an account with us, you must provide us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service. You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
HMCOnAir may in its sole discretion and without notice disable and delete accounts, and delete any information associated with an account.
The Service and its original content, features, and functionality are and will remain the exclusive property of HMCOnAir and its licensors. The Service is protected by copyright, trademark, and other laws. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of HMCOnAir.
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by HMCOnAir.
HMCOnAir has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that HMCOnAir shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
Limitation Of Liability In no event shall HMCOnAir, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
User generated content
“User Content” means material (including without limitation text, images, audio material, sound recordings (including all underlying musical composition and lyrics), broadcasts, video material, audio-visual material and any underlying material) that you upload, broadcast, share or submit using the HMCOnAir Service for whatever purpose. If you upload, broadcast, share or submit any User Content using the HMCOnAir Service via the Broadcast Software or otherwise you must comply with the User Content standards set out below.
You shall remain the owner of the copyright in any original User Content that you upload, broadcast, share or submit using the HMCOnAir Service. The permission you grant to us below is not exclusive. You may continue to use the User Content in any way, including allowing others to use or exploit it, provided that such use does not interfere with or impair the rights you have granted to us in these Terms. By uploading, broadcasting, sharing or submitting any User Content using the HMCOnAir Service via the Broadcast Software or otherwise and in consideration of us making available to you the opportunity to upload, broadcast, share or submit the User Content using the HMCOnAir Service (which you acknowledge as a sufficient benefit to you), you grant to us a worldwide, irrevocable, unconditional, non-exclusive, royalty-free licence (including the right to sub-license or assign) of the entire right and interest in and to such User Content so that HMCOnAir and any successor may, subject to these Terms, exploit the User Content in any way relating to or in connection with the provision of the HMCOnAir Service. This licence simply allows us to provide the HMCOnAir Service to you. Once again, you shall continue to own your User Content.
You agree to waive any moral or similar rights in any jurisdiction that you may have in and to any of the User Content, even if the User Content is modified, altered or changed in a way which is not agreeable to you.
You warrant to HMCOnAir that:
(i) the User Content is your own original work and you own the entire right, title and interest in and to the User Content and/or you have all necessary licences, rights, consents and permissions to use, and to authorise us to use the User Content in the manner contemplated by these Terms;
(ii) no further payments, monies, fees or royalties are or shall be due to any third parties relating to, arising out of, or in connection with the exploitation of the User Content via the HMCOnAir Service;
(iii) any User Content you upload, broadcast, share or submit using the HMCOnAir Service complies with the User Content standards set out below; and
(iv) your broadcasts and any User Content contained therein (in whole or in part) do not defame third parties or infringe upon the copyright or other intellectual property rights, or rights of privacy of any third parties. When you upload, broadcast, share or submit User Content using the HMCOnAir Service via the Broadcast Software or otherwise you may be making the User Content available to the general public. This means that both non-registered and registered users may be able to view, listen to and access the User Content. Please do not upload or broadcast User Content if you do not want it to be available to the general public.
We have the right but not the obligation to, at our sole discretion and without notice, remove any User Content that you upload, broadcast, share or submit using the HMCOnAir Service. Notwithstanding the foregoing, we do not have any obligation to check the accuracy or truthfulness of the User Content, nor to review or monitor such User Content, broadcasts or users’ use of the Site, the HMCOnAir Service or Broadcast Software.
We undertake to obtain licenses in respect to live streaming, sound recordings and video replays you stream via the Platform. However we can not license all material and anything that is your own material, or that you know is unsigned, so please ensure that you have all necessary rights to that material before playing it.
We reserve the right at any time to take down or decline to stream any music at any time with no liability to you if we believe that its use on the Platform may result in liability for you or us.
If you are a rights owner (or acting on behalf of a rights owner) and believe that any User Content infringes your copyright, you must provide us with a written notice which states:
(i) that you are the rights owner or are authorized to act on the rights owner’s behalf;
(ii) that you have identified User Content on the Site which infringes your copyright (or infringes the copyright of a third party on whose behalf you are entitled to act, if applicable) and you believe in good faith that use of the User Content in the manner complained of is not authorized by you, the rights owner’s agent or by law;
(iii) a description of the copyright work that you claim has been infringed which should include, the type of work (such as a photograph or a sound recording) and any relevant further details (such as the title and date of publication, as applicable);
(iv) a description of the way in which the copyright material has been infringed;
(v) information reasonably sufficient to permit us to locate the User Content in question on the Site (including a URL specifying the date the Site was accessed and/or a screen shot);
(vi) information that will enable us to contact you, such as your name, a postal address, telephone number and, if available, an email address (these contact details we also be provided to the alleged infringer so that they may contact you directly, in order to attempt to resolve the complaint amicably);
(vii) your electronic or physical signature (which may be a scanned copy); and
(viii) that the information in the notification is true and accurate.
Completed notices should be sent to: email@example.com
This ‘notice and takedown’ procedure is regulated by statute. There may be negative consequences if you falsely allege User Content is infringing copyright or send a copyright infringement notice to us in bad faith. We suggest that you take legal advice before sending a copyright infringement notice, if you are unsure about your rights in the User Content, or whether there has been an infringement of your rights.
If you believe that we have removed User Content in error, you may send us a written counter-notice which states:
(i) details of the User Content that has been removed or to which access has been disabled;
(ii) information reasonably sufficient to permit us to know where the material in question had been located on the Site (including a URL and/or screenshot);
(iii) a statement that you believe in good faith that the material that you have identified has been removed by mistake and your reasons for believing this;
(iv) information that will enable us to contact you, such as your name, a postal address, telephone number and, if available, an email address; and
(v) a statement that you agree to be contacted by the person (or an authorized representative of such person) who gave us the notice in the first place.
Completed counter-notices should then be sent to firstname.lastname@example.org with the subject line ‘Copyright counter-notice’.
We have a policy of terminating the user accounts of repeat copyright infringers. A repeat infringer is a user who has submitted two or more items of User Content for which HMCOnAir receives a copyright infringement notice in accordance with this section. If your account is terminated in accordance with this provision then, you shall not register or attempt to register a new user account. You agree to keep us fully and effectively indemnified and hold us harmless for all liability that may be incurred as a result of a user breaching this section. HMCOnAir has the right to disclose your identity to any third party who is claiming that any User Content posted or uploaded by you constitutes a violation of their intellectual property rights, or of their right to privacy or any other law.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance. HMCOnAir its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
In reference to any and all copyrighted material, the onus is on you the creator of the live stream to obtain a license or permission from the owner of the copyrighted content by:
1. Determine if a copyrighted work requires permission.
2. Identify the original owner of the content.
3. Identify the rights needed.
4. Contact the owner and negotiate payment.
5. Get the permission agreement in writing.
These Terms shall be governed and construed in accordance with the laws of New York, United States, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is a material we will try to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
If you have any questions about these Terms, please contact us.