Internet Radio Stream Licensing
You can get your Internet Radio Station legal today!
Our license covers you and includes your music
reporting, royalty and performance fees as well.
Terms Of Service
Easy English Introduction
StreamLicensing, LLC exists to provide affordable royalty and performance fee licensing services for small to medium-sized Internet Broadcasters. We pledge to serve broadcasters, composers, and artists with uncompromising integrity and value by operating with the highest level of excellence.
We want to serve you and need your business. However, because Copyright, Royalty and Performance Fee Laws come with stringent and complex legal parameters we do offer our licensing service subject to the formal Terms Of Service below. Before you go there, however, here are some important, basic, plain-English operating parameters (and please note these are not our arbitrary rules, these policies are developed to meet the varied requirements of the various licensing entities as well as applicable copyright law):
Affiliate Broadcasters' Formal Terms Of Service
1. This webcasting service is exclusively owned and operated under the name StreamLicensing by StreamLicensing, LLC, an Alabama Limited Liability Company. These terms and conditions apply to all registered users or affiliates of the website, and any violation of these Terms and Conditions may result in being barred from future access to or use of the website or loss of affiliation. StreamLicensing provides various services for Internet webcasters engaged in the non-interactive digital transmission of musical works and sound recordings including internet reporting and royalty payment services (the "Affiliates") to various performance rights organizations including ASCAP, BMI, SESAC and SoundExchange, as well as any others created in the future. These Terms and Conditions apply, where applicable and delineated, to both Affiliates and Users. Your registration to access and use this website as a listener or affiliate serves as an expression of your understanding of these Terms and Conditions and your agreement to be legally bound by the Terms and Conditions. It creates a personal, revocable, nonexclusive, nontransferable license to use this website, conditional upon your continued compliance with the Terms and Conditions. You represent and warrant to StreamLicensing that you will not use this website for any purpose that is unlawful or prohibited by these Terms and Conditions. Should you object to any term or condition of this website, your only recourse is to discontinue use of the site.
2. You will be charged a monthly fee based upon agreements in place with ASCAP, BMI, SESAC and, with regard to SoundExchange, the requirements of the Statutory License found in Sections 112 and 114 of the Copyright Act. The fee is based in whole or in part of one or more of the following factors:
4. The Affiliate shall provide all required information relating to revenues, expenses, aggregate tuning hours, total number of listeners, total number of songs, total number of performances, total number of sessions or any other required information within three (3) calendar days of the completion of each month. StreamLicensing reserves the right to carry forward any data from the most recent month when the Affiliate does not provide required data in a given month, with certain penalties applicable. (Normally this information (except for your Revenue and Expense Report) is automatically pulled into our system from your stream server as indicated in the paragraph below. You must upload a spreadsheet with the music play list for all syndicated or other programming which does not automatically forward the song data to StreamLicensing.)
All data must be maintained for four years. You are required by law to maintain your revenue and expense data for four years and make it available to us should one of the licensing entities require an audit.
The Affiliate will also provide to StreamLicensing or StreamLicensing will be allowed to automatically collect, information relating to the Affiliate's webcasting operations, including through the monitoring of webcasting operations, to allow StreamLicensing to file required Playlist Reports of Use or other required reports to SoundExchange, ASCAP, BMI, SESAC or other performing rights organizations. Syndicated shows which do not automatically provide required song data in the stream metadata require you to upload your music playlist for those shows as well as the date and begin/end time the show aired.
The Affiliate is required to pay any difference between the payments incurred according to the agreed upon format the amounts paid by StreamLicensing on the Affiliate's behalf within ten business days of the end of a given month in which the difference exists.
5. The Affiliate's player or stream-launching URL will exist only via StreamLicensing's website or other mobile applications. This requirement is subject to change at any time.
6. Except as outlined in 6a-b, the Affiliate does not have any authorization to itself link to the StreamLicensing webcasting services or charge any fee for access transmission of or access to the webcasting services. The following links are required or encouraged (any other use of our StreamLicensing logo or other linkage is prohibited without prior written consent):
b. You are welcome to use our supplied affiliate banners to link to our website for the sole purpose of encouraging other webcasters to license through us. At times we may offer you promotional discounts based on active referrals you send us.
9. StreamLicensing in its sole discretion, shall determine Affiliate's compliance with the foregoing Agreement. StreamLicensing reserves the right to terminate this Agreement with or without reason or prior notice (except as otherwise specifically provided for herein) and to take whatever action it deems necessary to limit potential liability upon itself and to cooperate with any pending legal investigation. Without limiting the foregoing, StreamLicensing may terminate Affiliate's use of the Services or access to the Site immediately and without notice if:
(b) Affiliate infringes the intellectual property rights of a third party in connection with the Services;
(c) StreamLicensing is unable to verify or authenticate any information User provides to it, or
(d) Any material uploaded or transmitted by StreamLicensing to the Site violates any applicable laws or rights of any third party.
11. The written and visual contents of this website, including all copyrightable materials, whether identified as such or not, trademarks and service marks, logos and designs are the property of StreamLicensing LLC and/or StreamLicensing copyright . 2011, unless stated otherwise, with the sole exception being the copyrighted musical works and sound recordings that are performed by you and other Affiliates for ephemeral storage and non-interactive digital transmission.
The intellectual property owned by StreamLicensing may be accessed, printed, downloaded and distributed for personal use only. It is not to be copied, reprinted, repurposed, redistributed, removed or republished in any manner for any purpose whatsoever. Under no circumstances may the content on this Site be reproduced in principal part, mirrored, catalogued, framed, displayed simultaneously with another site or otherwise republished in its entirety or in principal part without the express written consent of StreamLicensing LLC and/or StreamLicensing and only then will such reproduction, mirroring, cataloguing, framing, display republication be permitted if it contains the StreamLicensing copyright notice. All rights not expressly granted herein are reserved.
12. Although StreamLicensing does not claim ownership of any content posted to the site, you automatically grant StreamLicensing an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute posted content other than musical works and sound recordings (which cannot be granted by the Affiliate but will be performed pursuant to all relevant statutory licenses or direct licenses obtained from the individual copyright holders) and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses thereof. Furthermore, by posting content to the site, you automatically grant StreamLicensing all rights necessary to itself engage in and prohibit by others any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.
13. We reserve the right to -- and in fact will actively -- monitor the material placed on this site and to remove any posting of content, music or otherwise, that we deem illegal, infringing, or inappropriate. You represent that your contribution is in the public domain or original to you, or otherwise does not infringe the intellectual property, contractual or proprietary rights of any third parties, and is not otherwise defamatory or violative of the law. We have very specific rules relating to the music that is performed, all of which derive from the requirements of the statutory licenses applicable to the digital transmission of sound recordings found in Sections 112 and 114 of Title 17 of the United States Code (commonly referred to as the "Copyright Act") and any implementing federal regulations, decisions of federal agencies or federal or state courts. In furtherance of this policy, you agree that you will not engage in the following practices that we believe constitute violations of sections of the Copyright Act designed to prevent music piracy, including but not limited to those prohibitions against operating an interactive service and the preannouncing of songs. Specifically, the following non-exhaustive list of activities is prohibited:
14. Our monitoring activity goes beyond ensuring compliance with Sections 112 and 114 of the Copyright Act. Therefore, your further agree to refrain from posting content:
16. You agree not to take any action to circumvent or attempt to circumvent the security of this site or gain unauthorized access to the site. Prohibited actions include, but are not limited to:
If you have reason to believe that material in which you (or any person or entity for which you are an authorized agent) hold the copyright has been posted in the user comment sections of the Site without Appropriate authorization, please contact StreamLicensing's Designated Agent to Receive Notification of Claimed Infringement:
Marvin Glass StreamLicensing LLC
1237 County Road 295
Higdon, AL 35979
Please provide our Agent with the following Notice:
b) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
c) A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
d) Your address, telephone number, and email address; and
e) Your physical or electronic signature.
StreamLicensing fully complies with the notice and take-down provisions of Sections 512(c) and (g) of the United States Copyright Act. We also enforce a policy that provides for the termination of access to the Site to contributors who are found to be repeat infringers or who otherwise violate the policies governing use of the Site.
19. You use this website solely at your own risk and subject to all applicable local, state, national, and international laws and regulations. While StreamLicensing has endeavored to create a secure and reliable website, please be advised that the confidentiality of any communication or material transmitted to/from this website over the Internet cannot be guaranteed.
You agree that StreamLicensing has no control and is not responsible for the content made available by third parties and that by using this website you may be exposed to content that is offensive, indecent, misleading inaccurate or otherwise to your objection. You acknowledge that StreamLicensing does not pre-screen or approve Content, but further acknowledge that StreamLicensing has the sole discretionary right to refuse, delete or otherwise edit any content for violation of these Terms and Conditions. Any interactions you have with other organizational or individual users or affiliates of the site of any type are solely between you and such other users. You cannot rely on StreamLicensing to perform due diligence review or otherwise pre-screen all users, affiliates and associated services and therefore, you are responsible for your own investigations or research before proceeding with any interactions or transactions with such users, affiliates or associated services.
If there is a dispute between users or affiliates of this site or between users and/or affiliates and any third parties, you understand and agree that StreamLicensing is under no obligation to become involved and you agree to release StreamLicensing its officers, employees, agents and successors in rights from claims, demands and damages of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes.
20. Accordingly, you agree that StreamLicensing is not responsible for the security of any information transmitted via the Internet, the accuracy of the information contained on the website, or for the consequences of any reliance on such information. StreamLicensing shall have no liability for interruptions or omissions in Internet, network or hosting services.
You assume the sole and complete risk of using this website and further agree that you bear the responsibility to evaluate and assume all risks associated with the use of this content, that you will not rely on the content and that you will not hold StreamLicensing liable in any way for your possible reliance on the content or for any loss or damage you incur as a result of any use of this content.
21. Some content posted by other users or affiliates may contain links to other sites on the World Wide Web for your convenience in locating related information and content. These sites have not necessarily been reviewed by StreamLicensing and are maintained by third parties over which StreamLicensing exercises no control. StreamLicensing expressly disclaims any responsibility for the content, the accuracy of the information, and/or quality of products or services provided by or advertised on these third-party web sites.
22. You expressly absolve and release StreamLicensing from any claim of harm resulting from a cause beyond its control including, but not limited to, the failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses or software failures, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, terrorism or governmental restrictions.
23. THIS WEBSITE AND ALL OF ITS CONTENT ARE PROVIDED ON AN "AS IS" BASIS AND ARE MADE AVAILABLE WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND. STREAMLICENSING MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, TO YOU OR ANY OTHER PERSON OR ENTITY AS TO THE ACCURACY, RESULTS, TIMELINESS, COMPLETENESS, MERCHANTABILITY AND/OR FITNESS FOR ANY PARTICULAR PURPOSE WITH RESPECT TO THE WEBSITE OR ANY OF ITS CONTENT. FURTHER, THE INFORMATION AVAILABLE ON THIS WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. STREAMLICENSING MAY MAKE MODIFICATIONS AND/OR CHANGES IN THIS SITE OR IN ITS CONTENT AT ANY TIME, FOR ANY REASON. YOU ASSUME THE SOLE RISK OF MAKING USE OF THIS WEBSITE AND THE CONTENT PROVIDED HEREIN. UNDER NO CIRCUMSTANCES WILL STREAMLICENSING BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THIS WEBSITE OR THE CONTENT PROVIDED HEREIN, INCLUDING, BUT NOT LIMITED TO, COMPENSATION, REIMBURSEMENT OR DAMAGES ON ACCOUNT OF THE LOSS OF PRESENT OR PROSPECTIVE PROFITS, EXPENDITURES, INVESTMENTS OR COMMITMENTS, WHETHER MADE IN THE ESTABLISHMENT, DEVELOPMENT OR MAINTENANCE OF BUSINESS REPUTATION OR GOODWILL, FOR LOSS OF DATA, COST OF SUBSTITUTE MATERIALS, PRODUCTS, SERVICES OR INFORMATION, COST OF CAPITAL, AND THE CLAIMS OF ANY THIRD PARTY, OR FOR ANY OTHER REASON WHATSOEVER, EVEN IF STREAMLICENSING HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. TO THE EXTENT PERMITTED BY LAW, STREAMLICENSING DISCLAIMS LIABILITY FOR ANY DIRECT DAMAGES BASED ON YOUR USE OF THE WEBSITE AND ITS CONTENT. IN ANY EVENT, THE AGGREGATE LIABILITY OF STREAMLICENSING FOR ANY REASON WHATSOEVER RELATED TO USE OF THIS WEBSITE AND ITS CONTENT SHALL NOT EXCEED $50.00.
24. You agree that you will inform StreamLicensing immediately upon receipt of notice from any third party alleging that the Site or content: (i) infringes any third party copyright, trademark, trade secret or any publicity, privacy or patent right or other similar personal or proprietary rights; and/or (ii) is in breach of any of the terms of this Agreement. You further agree to indemnify and hold harmless StreamLicensing its affiliates, and all of their officers, directors, employees, legal representatives, agents, successors and assigns, from and against any damages, liabilities, costs and expenses (including reasonable attorneys. and professionals. fees and court costs) arising out of any third-party claims based on or related to your use of this website or any breach by you of these Terms and Conditions.
25. The above Terms and Conditions shall be governed by the laws of Alabama, without regard to conflicts of law rules, and the exclusive jurisdiction and venue for any dispute shall be in the County of Jackson, State of Alabama.
26. StreamLicensing reserves the right at any time and for any reason to deny you access to the website or any portion thereof, and to terminate this Agreement. Termination will be effective without notice. Please note that StreamLicensing reserves the right to change the Terms and Conditions under which this website is made available to you, upon notice, which may be given by StreamLicensing posting such modifications on the website, by e-mail, or any other reasonable way. Your continued use of this website following notice of such modifications will be conclusively deemed acceptance of any changes to these Terms and Conditions. You agree that notice of changes to this Agreement on the website, delivered by email, or provided in any other reasonable way, constitute reasonable and sufficient notice.
27. In no event shall Affiliate be entitled to injunctive or other equitable relief based on any act or omission of StreamLicensing, or any breach of these Terms and Conditions by StreamLicensing. Failure to insist on strict performance of any of the Terms and Conditions will not operate as a waiver of any subsequent default or failure of performance. No waiver by StreamLicensing of any right under these Terms and Conditions will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.
28. No joint venture, partnership, employment, or agency relationship exists between you and StreamLicensing as a result of this Agreement or your use of this website. If any provision of this Agreement is held unenforceable by a court or tribunal of competent jurisdiction, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect.
29. You may enter up to and no more than eight streams and NO MORE THAN ONE station per license. If you fill up your quota of streams and/or stations you may take out an additional license to cover further stations and/or streams. Exceptions, if any will be made on a case by case basis at StreamLicensing's sole discretion.
30. Our agreement with ASCAP states, among many other points: "Licensee should use, and ensure that Broadcast Affiliates use, good faith efforts to ensure that industry standard systems. . . are used to verify that consumer end users accessing the ASCAP Repertory through the Licensed Service as expressly provided for herein are in fact located within the Territory, or within a country/territory administered by a FPRO with which Licensee and/or a Broadcast Affiliate has a valid license agreement covering the public performance of the ASCAP Repertory via the Licensed Service."
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