AudioPump, Inc.’s Terms of Service
You agree to the following Terms of Service, referred to as Terms in this document, by interacting or accessing with any of Audiopump, Inc.’s services or property. You may not interact or access Audiopump, Inc.’s services or property without agreeing to these terms.
In these Terms of Service, the words “you” or “your” refer to the reader or the person/entity accessing or using Audiopump, Inc.’s services or property. The words “we,” “us,” and “our” refer to Audiopump, Inc. or its affiliated companies.
We are in the business of offering individuals and companies a package of services that includes internet broadcasting, analytics, and consulting services.
You are a broadcaster interested in accessing and using our services and interacting with our hardware and software to broadcast and serve content.
You may also be an end recipient of internet radio streams or other content broadcasted utilizing our services or by interaction with our software or hardware.
You agree to the following terms:
Terms of Service
1. Your rights.
We grant you a license to use our services and interact with our software or hardware. This license is limited. The license is not exclusive to you. The license is not transferable. We may revoke the license at any time, for any reason, without notice. Your rights automatically terminate if you violate these Terms. You cannot use our services or interact with our software and hardware in any manner that exceeds the rights we explicitly provide you in writing.
2. Your responsibility.
2.1. Lawful purposes.
You can use our services or interact with our software or hardware for lawful purposes. You cannot do so for unlawful purposes. You are responsible for all activities conducted under your account or undertaken using your internet connection.
2.2. Internet access.
Our services, hardware, and software can only be used and interacted with through an internet connection. You are responsible for obtaining internet access and complying with any agreements with your internet service provider.
3. Intellectual property.
3.1. Procedure for Making Claims of Copyright Infringement.
We attempt, in good faith, to comply with the Digital Millennium Copyright Act. To report suspected copyright infringement, you must go to: https://audiopump.co/dmca.html, where you will find the means to submit a notice of copyright infringement. You should provide the following information:
- a digital or physical signature of a person authorized to act on the copyright owner’s behalf,
- a description of the copyrighted work being infringed,
- a description of the infringing activity,
- identification of the location where an original or authorized copy of the copyrighted work exists,
- a specific location where the infringing material is located,
- a statement by you that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law,
- a statement by you that the information in the notice is accurate and you are the copyright owner or authorized to act on the copyright owners behalf.
3.2. Our intellectual property.
You will not use our services or interact with our hardware or software to violate or infringe our intellectual property rights. Such rights may include patent, trademark, trade secret, publicity or other proprietary rights. You may not circumvent any mechanisms for preventing the unauthorized reproduction or distribution of our software, code, information, or other protectable information. You may not reverse engineer, decompile, or disassemble any software or otherwise attempt to derive any of our source code.. By using our services or interacting with our software and hardware, you grant us the transferable right to use, copy, display, perform, distribute, and promote any content you broadcast, serve, or post using our services or by interaction with our hardware or software.
3.3. Third-party intellectual property.
You will not use our services or interact with our hardware or software to violate or infringe the intellectual property rights of others. Such rights may include patent, trademark, trade secret, publicity, or other proprietary rights.
3.4. Cyber-bullying & harassment.
You will not use our services or interact with our hardware or software to engage in cyber-bullying or any other harassing activities.
We do not host content outside the amount of time that we must hold content for buffering streams of content. We delete buffered content after it is streamed and the need for the content for streaming has passed.
4.1.1. Broadcaster’s content.
You may utilize our services or interact with our hardware or software to broadcast or serve content, such as audio or other content. In the alternative, you may be listening to audio or other content broadcast using our services or through interaction with our hardware or software. Broadcasters are solely responsible for the content they broadcast or serve.
4.1.2. Directories and other information.
We may, or may not, offer search or directory functions. These may provide a means of linking to, or allowing access to, viewing and listening to content on Internet radio stations. In doing so we do not host any content, other than as listed in § 4.1. Content providers host the content.
4.2. Screening and Curating.
When an individual or company utilizes our services or interacts with our software or media, we do not screen, curate, filter, or otherwise review any content they may broadcast or serve except as listed in §4.2.1. As far as the law allows, we reject all duties to screen, curate, filter, or otherwise review content being broadcast or served except as listed in §4.2.1.
4.2.1. Limited curation & data gathering.
Our services may include featuring content providers, such as internet radio stations, on our website or the website of an affiliate. We may utilize metrics such as number of listeners, time listening, and other metrics, to determine what content providers we may choose to feature.
4.3. Licenses and royalties.
Broadcasters are solely responsible for obtaining all rights and licenses, and meeting all obligations under such agreements for the content they broadcast and serve and any codecs or other required data. As an example, broadcasters are responsible for obtaining the rights to any copyrighted content and paying any royalties that may be necessary to broadcast and serve that content. In the way of further, but not exhaustive, example, broadcasters are responsible for obtaining licenses and rights for any codecs they may utilize for the content they broadcast and serve.
4.4. Not responsible.
We are otherwise not responsible for the content broadcast and served by use of our services or interaction with our software and hardware.
We may charge a fee for our services or for interacting with our hardware and software. The payment terms for those services are separate from these Terms. But they are binding. We may stop providing you with services and access and the ability to interact with our hardware and software if you fail to abide by any agreement concerning payment. We can do so without notice.
We provide access to our services and allow interaction with our hardware and software “as is” and with all faults. You use our services and interact with our hardware and software at your own risk. We, and our licensors and distributors, disclaim all warranties expressly stated or implied. Our disclaimer extends to, but is not limited to, the following warranties:
- That our website, services, software, or hardware is free of defects,
- That our website, services, software, or hardware will be able to operate on an uninterrupted basis,
- That our website, services, software, or hardware will meet your requirements,
- That our website, services, software, or hardware is merchantable, reliable, accurate, or merchantable,
- That our website, services, software, or hardware is fit for a particular purpose or need.
The only limit on our disclaimer of warranties are those warranties that are legally incapable of being excluded.
7. Limitation of Liability.
We have no liability with respect to your use of our services or interaction with our software and hardware. In no even shall we be liable for any indirect, special, incidental, consequential, exemplary, or punitive damages. In the event that a law bars such a disclaimer of liability, then and only then, our liability will be not exceed the amount of money you have paid us or $100, whichever is greater. Your sole remedy to respect to any dispute with us is to cancel your use of the service and to stop interacting with our hardware and software. You agree that the foregoing limitations represent a reasonable allocation of risk under these terms.
At our request, you will defend, indemnify, and hold us harmless from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of our services or interaction with our software and hardware. But we reserve the right to assume the exclusive defense and control of any matter subject to your indemnification. If we choose to assert that right, you will cooperate with us to assert any available defenses.
9. Compliance with laws.
We are located in the United States, in the State of Illinois. But our services, hardware, and software are accessible by individuals and companies worldwide. In turn, our customers may broadcast to individuals worldwide.
9.2. No duty.
We have no duty to assure that our services, software, and hardware complies with the local laws and regulations of the Territories you elect to use or access or services or interact with our hardware or software. In these Terms, Territories means any geographically bounded area that is governed by laws and regulations. Territories may overlap, e.g. the European Union is a territory that encompasses another territory of Germany. In fact, we do not design or curate our services, hardware, or software for compliance with any particular Territory’s laws or regulations, other than our good faith efforts to comply with the laws and regulations of Illinois and the United States. We provide no content rating or filtering mechanisms.
9.3. Local laws.
It is your duty to ensure that you do not violate any local law or regulation by utilizing our services or interacting our hardware and software. Your duty extends beyond compliance with local laws and regulations applicable to you. It extends to the local laws and regulations of those individuals you may broadcast to or interact with through utilization of our services and interaction with our hardware and software. You understand and agree that our services, software, and hardware may not be appropriate or available for use or broadcasting to all Territories.
11. Other restrictions
11.1. Automated systems.
You will not use any automated system to access our website or content. Such systems may be referred to as “robots,” “spiders,” or “offline readers.” This restriction does not apply to automated systems listed in the official documentation for the services used or hardware and software interacted with. You explicitly agree that our failure to enforce this restriction on certain individuals or companies, but not others, will not constitute a waiver of our ability to enforce this restriction on others.
11.2. Harmful code.
You will not attempt to introduce or successfully introduce any computer viruses or computer code that interrupts, slows, destroys, or limits the functionality of either our services, of any broadcaster, or of any recipient of content.
You may not use our services or interact with our hardware or software to transmit, directly or indirectly, unsolicited bulk communications. You may not use our services or interact with our hardware or software to gather information for the purpose of sending unsolicited bulk communications by other means.
11.4. Export laws.
You agree to fully comply with all import and export laws applicable to your activities associated with use of our services or interaction with our software or hardware.
12. Change in services provided.
We may add, change, or discontinue any aspect of our services, hardware, and software at any time. We can do so at our sole discretion and without notice to you.
13. Change in Terms.
You understand and agree that we may change or update these Terms at any time. We may not notify you of these changes. You should regularly review the terms at http://www.audiopump.co/terms.html. You accept any updated Terms by continuing to use or access our services or interact with our software or hardware after the updated Terms are published. If you do not like the new Terms, your sole recourse is to stop using our services and to not interact with our hardware or software.
14. Electronic delivery and consent.
You understand that you agree to these Terms online and electronically. You understand that these Terms have the same effect as if they were written on paper and signed by you. You agree to allow us to provide you with any notices, agreements, and other information electronically. Such service may be by posting the notices, agreements, or other information on our website or by service to the electronic mail account, you provide us either directly or through an affiliate. You accept any requirements contained in such notices, agreements, and other information by continuing to use our services or interacting with our software or hardware, after we send it to you or post it on our website. If you do not wish to accept the requirements, your sole recourse is to stop using our services and not interact with our hardware or software.
15.1. Non waiver.
Our failure to exercise any of our rights or to not enforce any of your responsibility does not constitute a waiver of our right to later do so.
Headings are for reference purposes only.
15.3. Choice of law.
The laws of the United States of America and Illinois govern these terms. By accepting these terms, you waive all claims you might otherwise halve against us based on the laws of other jurisdictions, including your own.
15.4. Venue & Jurisdiction.
In the event that any dispute arises between you and us, the exclusive jurisdiction for resolution of that dispute will be the federal or state court located in Peoria County, Illinois. You expressly consent to such court’s exercise of personal jurisdiction in connection with such a dispute.
These Terms and any supplemental terms, policies, rules and guidelines posted on our website constitute the entire agreement between you and us, which supersedes all previous written or oral agreements.
If any part of these Terms is held unenforceable or invalid, that portion will be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of the parties. In no event will any other provision or portion of the Terms be affected or rendered without force and effect if any other portion is held unenforceable or invalid.