Legal Policy

This is an Agreement between, Inc. and its affiliates, successors, parents, subsidiaries, assigns, licensees, and designees (collectively and individually “”) and you, your representatives, assigns and licensees (hereinafter collectively referred to as “You”), to provide You access to the website (the “Site”) subject to the terms and conditions of use set forth below (the “Terms of Use”). When we refer to “You,” we mean not only you personally as the user of the Site, but also all other persons who have access to your premises, facilities or equipment and who are users of the Site. When we use the term “Service” or “Services,” we mean including, without limitation, the provision of user-generated audio transmissions, message boards, chat services and all other services available on the Site.

By utilizing the Site and Services, You acknowledge that you have read and understood, and you agree to the terms and conditions of this Agreement. You also acknowledge that you have read and understood, and that you agree to the terms and conditions of the User Agreement. You represent and warrant that all information You submit is truthful and accurate and that You agree to maintain the accuracy of such information. You also represent that You are of legal age to enter into this Agreement and to become bound by its terms and that your use of the Site shall not violate any applicable law or regulation. Your profile may be deleted without warning if it is found that you are misrepresenting your age, or if you are otherwise not in compliance with these Terms of Use.

Your access to the Site is solely for your personal use, and You shall not authorize others to use your account, including your profile or email address. You are solely responsible for all audio and visual content published or displayed in connection with your account, any Broadcast Blog Programs (as defined in the User Agreement) created or hosted by You, any Host Channel (as defined in the User Agreement) created or hosted by You, including any email messages, and for your interactions with other users of the Site. You agree to notify immediately of any breach of security or unauthorized use of your account. will not be liable for your losses caused by any unauthorized use of your account, however, You may be liable for the losses of or others due to such unauthorized use.

1. Charges and Payments

At the present time, except for users of’s Premium/Personal Plus Services (as defined hereinbelow, which subscription shall be effectuated via your agreement to’s Premium/Personal Plus Services Agreement), provides its basic Services free of charge to users of the Site. You are responsible for paying any applicable taxes and for all hardware, software, service and other costs you may incur in connection with the Services, including costs incurred in connecting to the Site via the internet or connecting to a broadcast blog via the telephone. reserves the right, at any time, to charge fees for access to the Site or for any of its Services.; in the event that elects to charge fees at any time for use of the Site or the Services, information concerning the same will be posted on the Site.

2. Enrollment in’s Premium/Personal Plus Services

In addition to the basic Services, may make available to users of the Site certain premium services, such as enhanced listener and storage space capacity (“’s Premium/Personal Plus Services”). Additional fees may be charged for’s Premium/Personal Plus Services, at the sole discretion of reserves the right to, in its sole discretion, increase such fees and/or change its Premium/Personal Plus Services upon the provision of seven (7) days’ written notice to any user of such Premium or Personal Plus Services.
In order to subscribe to’s Premium/Personal Plus Services, You must enter into a separate agreement with with respect thereto (“’s Premium/Personal Plus Services Agreement”). Enrollment in’s Premium/Personal Plus Services program may be terminated by any user upon ten (10) days’ written notice to in accordance with the notice provisions set forth in these Terms of Use.

3. Content Guidelines/Prohibited Uses

a. Content Guidelines

You agree not to post, upload, transmit to, or cause to be broadcasted via the Site or to’s servers, through data upload or broadcasting of audio content, any sound recordings, communications, text, graphics or other information (collectively, “Material”) that:

is obscene, indecent, offensive, libelous, pornographic, hateful, racially or ethnically offensive, defamatory, unreasonably violent, threatening, intimidating or harassing;
contains falsehoods or misrepresentations that could damage or any other person;
contains any viruses, Trojan horses, worms, or other disabling devices or harmful components intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
advocates or encourages any illegal activity;
infringes on the intellectual property or other legal rights of or others;
violates the privacy of others, including other users of the Site, or impersonates another person;
gives rise to any civil liability or violates any applicable law, regulation, treaty or tariff; or
violates the acceptable use policies of any networks, machines, or Services which are accessed through’s network., in its sole discretion, shall determine your compliance with the foregoing prohibitions set forth in this subparagraph, and reserves the right to delete from the Site without prior notice any Material that it deems to be non-complying or otherwise objectionable for any reason (including, without limitation, Material which it deems to be objectionable to any of its other customers or advertisers) or to take any other action with respect to your Broadcast Blog Programs, or any other Material posted by you on the Site.