1. SCOPE OF AGREEMENT.
These Terms govern your use of the Service to make available the transmissions or distributions of your Feed, and any sound recordings and musical works or other content embodied therein (collectively, “Feed Content”), to Conti Media’s audience of listeners (“End Users”), which audience may be the entire universe or limited to those territories restricted by you. By entering into these Terms, you hereby agree that your Feed may be included in Conti Media’s directory of radio stations, podcasts and other online content (the “Directory”), for users throughout the universe or restricted to certain territories as determined by you, Conti Media or by law.
2. SERVICE; PROPRIETARY RIGHTS; GRANT OF RIGHTS.
(2.1) License to Service. Subject to the terms and conditions of these Terms, Conti Media grants you a non-exclusive, non-transferable, non-sublicensable, revocable and limited license to access and use the Service for the purpose of making the transmissions on and through your Feed available to End Users.
(2.2) Restrictions on Use of Service. In connection with your use of the Service, you will comply with all applicable laws, rules and regulations. You will not, and will not permit any third party to: (a) copy, modify, translate, or create derivative works of the Service or the Directory; (b) reverse engineer, decompile, disassemble or otherwise attempt to reconstruct, identify or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Service or the Directory; (c) lend, lease, offer for sale, sell or otherwise use the Service or the Directory for the benefit of third parties; or (d) attempt to circumvent any license, timing or use restrictions that are built into the Service or the Directory.
(2.3) No Guarantee of Inclusion in the Directory. Conti Media reserves the right, in its sole discretion, to exclude, remove or block access to your Feed, including all Feed Content, and/or your Marks (defined below) from the Service and the Directory at any time, for any or no reason, without notice or liability to you. Conti Media may exclude your Feed from access within certain territories, including by excluding your Feed from appearing within the Directory within certain territories. By exercising such rights Conti Media assumes no liabilities for transmissions or distributions made by you through the Feed within any territory and exercises no right or ability to control your Feed.
(2.4) Ownership of Service. Except for the limited rights granted in Section 2(2.1) above, Conti Media retains all right, title, and interest, including all intellectual property rights, in and to the Service and the Directory, including all enhancements, modifications and derivatives thereto. You agree to use the Service solely as authorized in these Terms. You further acknowledge that the license granted pursuant to these Terms is not a sale and does not transfer to you title or ownership of the Service or a copy of the Service, but only a right of limited use. ALL RIGHTS NOT EXPRESSLY GRANTED HEREUNDER ARE RESERVED TO CONTI MEDIA.
3. TERM AND TERMINATION.
(3.1) Term. These Terms are in effect until terminated. Either party may terminate these Terms for convenience. You may terminate these Terms by notifying Conti Media at radio(at)keepone.net. We may terminate these terms at any time for any reason upon notice to you.
(3.1) Effect of Termination. Upon expiration or termination of these Terms for any reason, all licenses granted under these Terms will immediately terminate, and Conti Media will remove your Marks from the Service. Notwithstanding the termination of these Terms, Conti Media may continue to index your Feed in the Directory for purposes of directing an End User to your Feed website or podcast if an End User can otherwise access the Feed directly through a publicly available Uniform Resource Locator or RSS feed.
(3.3) Survival. All terms and provisions of this Agreement, which by their nature are intended to survive any termination or expiration of these Terms, will so survive.