These Terms of Service, as well as our Copyright Policy and all other operating rules, policies and guidelines set out on the My Brass Radio websites or other My Brass Radio-operated webpages, or otherwise notified to you (“Policies”), each of which is incorporated by reference (collectively the “Terms”), govern your access to and use of the My Brass Radio websites, Monetization Services, My Brass Radio Content (defined below), APIs, email notifications, applications, buttons, widgets, ads and other services (collectively, the “Services”) provided by Brass Radio One (“Brass Radio One”, “we”, “us”, or “our” means: (a) if you are an entity organized under or otherwise subject to the laws of the United States of America: Brass Radio One USA Inc.By clicking “Sign up” or by using our Services, you agree to these Terms. If you do not agree to these Terms, do not access or use our Services.
Explainer: Your agreement is with Brass Radio One. The service is still called My Brass Radio.
THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH IN SECTION 14 BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR ANY OTHER COURT PROCEEDINGS, OR CLASS ACTIONS OF ANY KIND.
To assist you with your review of the agreement, we provide at the end of most sections of these Terms a short, very high-level “Explainer” of some of the key concepts from that section. These Explainers are included for reference purposes only, do not necessarily explain all key points in the Terms, do not constitute contractual terms and are not a substitute for reading the actual contractual terms; the Explainers will not affect the meaning or interpretation of these Terms, and, in all cases, the substantive language of these Terms (and not any Explainer) will govern and take priority over any summary.
We reserve the right to modify or otherwise change these Terms at any time by posting the updated Terms to our website(s) or through a notice provided through the Services, via e-mail or by another appropriate means of electronic communication. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Agreement incorporating such changes, or otherwise notified you of such changes. Unless we say otherwise in our notice, the updated Terms will be effective immediately, and your continued access to or use of our Services after we post the updated Terms or provide other notice of such updated Terms will confirm your acceptance of the changes. If you do not agree to the updated Terms, you must stop accessing and using our Services.
We also reserve the right to modify or discontinue, temporarily or permanently, or suspend the Services (or any part thereof) with or without notice. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of Services.
In order to access or use the Services, you need to (a) be at or above the age of majority in your province, state, territory or country (often, but not always, 18 years old), or be 13 years or older and have your parent or legal guardian consent to these Terms on your and their behalf; and (b) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws. You also promise that any registration information that you submit to Brass Radio One is true, accurate, and complete, and you agree to keep it that way at all times. You must notify us immediately of any change in your eligibility to use the Services. We may, in our sole discretion, refuse to offer the Services to any person or entity and change these eligibility criteria at any time.
Explainer: You cannot use My Brass Radio if you are under 13 years old. If you are 13 years or older but under the age of majority (e.g. often 18 years of age), you need parental/guardian consent to use My Brass Radio.
Explainer: You are responsible for keeping your Account details secure, and you need to notify us of any unauthorized use of your Account. When choosing a username, please be respectful and only choose one you are authorized to use.
3. Ownership; Limited License
The Services, including the text, graphics, images, photographs, videos, illustrations and other content contained therein, and including My Brass Radio Content (defined below), are owned by Brass Radio One or our licensors and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to the Services are reserved by us or our licensors. Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Services. Any use of the Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited, will terminate the license granted herein and violate our intellectual property rights.
4. User Content
- User Content
All information, materials and other content, other than My Brass Radio Content, that is added, created, uploaded, submitted, distributed, or posted to the Services by users (collectively “User Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person or entity who so added, created, uploaded, submitted, distributed, or posted such User Content on the Services. For the purpose of these Terms, “My Brass Radio Content” means any audio, music, videos or other content or material that is made available to you or other users by the My Brass Radio platform, including through the use of its tools.
You represent that all User Content provided by you is in compliance compliance with all applicable laws, rules and regulations, including, but not limited to, copyright laws. You acknowledge that your access to all User Content and My Brass Radio Content through the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not pre-screen User Content and do not guarantee that any User Content you access on or through the Services is or will continue to be accurate.
We do not guarantee that any User Content or My Brass Radio Content will be made available through the Services. You acknowledge that we may establish general practices and limits concerning use of the Services, including without limitation the maximum period of time that User Content will be retained by the Services and the maximum storage space that will be allotted on our servers on your behalf. You agree that we have no responsibility or liability for the deletion or failure to store any User Content maintained or uploaded by the Services. We reserve the right to, but do not have any obligation to, (a) remove any User Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Content or if we are concerned that you may have violated these Terms), or for no reason at all and (b) to remove or block any User Content from the Services.
Explainer: You’re responsible for making sure the content you create or post on My Brass Radio does not breach any laws or regulations, and does not infringe on anyone else’s rights.
5. Rights you grant to us
- User Content
You retain ownership of your User Content. Using My Brass Radio does not cause you to lose ownership of your content.
Explainer: You own your content. My Brass Radio prides itself on empowering creators, and we have no intention to take ownership of your content in any way.
In order to host and assist you in monetizing your User Content, we do need to obtain certain non-exclusive rights from you. By submitting User Content, including any Provided Content (defined below), through the Services, you hereby grant to us a non-exclusive license to use, edit, modify, create derivative works from (such as transcriptions of User Content), aggregate, reproduce, distribute, make available, transmit, display, and perform, the User Content in connection with the operation of the Services, the promotion, advertising or marketing of the Services, and the operation of Brass Radio One’s (and its successors’ and affiliates’) business. This license is worldwide, royalty-free, sublicensable (through multiple tiers) and transferable.
Explainer: In order to use My Brass Radio, you are giving us permission to use, host, and distribute the content you create. For example, this license allows us to syndicate your content to other platforms, so that your audience can hear your podcast anywhere they choose. We believe strongly in creators’ rights, and in no way does this license take away the ownership rights you have in your content.
You agree that this license includes, without limitation, the right for Brass Radio One to provide, promote, and improve the Services. We may also use this license to make User Content available to other companies, organizations or individuals who partner with Brass Radio One for the syndication, broadcast, distribution, transmission or publication of such User Content on other media and services.
Explainer: One of the best parts of My Brass Radio is the ability to create in one place and optionally let us handle the hassle of distributing your podcast everywhere. This language allows us to distribute your content on your behalf, so that you can focus on creating and leave the technical headache of podcast distribution to us. You are also welcome to distribute your podcast to other platforms manually if you prefer.
For the avoidance of doubt, such license includes any and all rights in or to the User Content, including, without limitation, copyright, rights of privacy or rights of publicity. Where applicable and permitted under applicable law, you also agree to waive and not enforce any “moral rights” or rights, such as your right to be identified as the author of your User Content, including Feedback, and your right to object to derogatory treatment of such User Content. If such moral rights are not waivable, then you at least agree not to sue us for failure to identify you as the author of any User Content or for any use of your User Content on or in connection with the Service.
You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights. You also agree that, if you create your User Content with one or more collaborators, you will ensure that each such collaborator either (a) has an Account and has agreed to these Terms or (b) has granted to you all of the rights that you need in order for you to grant the licenses that you grant to us herein in such User Content.
Explainer: By using My Brass Radio, you are representing that your User Content does not infringe anyone else’s rights, and you are granting us the rights we need to provide the Services, including to share your User Content on My Brass Radio and other distribution platforms.
- Provided Content
The Services may include features that allow other users and/or listeners to create User Content that is provided to you for use in connection with your User Content, such as through the “Voice Messages” and “Record with Friends” features (“Provided Content”). If your User Content makes use of or includes any Provided Content, or any other content created by any third party, you represent and warrant that you have all rights and permissions necessary to grant the licenses granted in Section 5(a) above.
If you create, contribute content for, produce, record, participate in, contribute to, share or otherwise assist in creating any Provided Content for use by another user’s Account, you grant to such user a non-exclusive license to use, edit, modify, create derivative works from (including transcriptions of Provided Content), aggregate, reproduce, distribute, make available, transmit, display, and perform the Provided Content in connection with the operation of the Services, promotion, advertising or marketing of the Services, and the operation of Brass Radio One’s (and its successors’ and affiliates’) business. This license is worldwide, royalty-free, sublicensable (through multiple tiers) and transferable. You acknowledge and understand that any sharing of Provided Content with one or more other users is voluntary, and the recipient of any Provided Content has no obligation to incorporate or otherwise use such Provided Content in their User Content. You also agree that, if another user decides to use your Provided Content in connection with such user’s User Content, this does not result in you acquiring an ownership interest in such User Content.
Explainer: If you provide any content for use in connection with another person’s User Content, you give them the right to use that content. If you receive any content from another person and incorporate that into your User Content, you must ensure you have all necessary permissions to use it.
If you provide feedback, ideas or suggestions to Brass Radio One in connection with the Service or ( “Feedback” ), you acknowledge that the Feedback is not confidential and you authorize Brass Radio One to use that Feedback without restriction and without payment to you. Feedback is considered a type of User Content.
Explainer: We love when our users give feedback or propose ideas. We encourage you to do so! We just ask that you be aware that while we may follow through on your proposals, they are not confidential, and we unfortunately can’t pay you for them.
6. User Guidelines
Objectionable Content. Brass Radio One respects intellectual property rights and expects you to do the same. We’ve established a few ground rules for you to follow when using the Services or submitting User Content to the Service, to make sure the Service stays enjoyable for everyone. The current rules are listed below, but these may be updated, or we may provide you with additional rules, from time to time. You agree to follow these rules.
The following is not permitted for any reason whatsoever:
- copying, redistributing, reproducing, “ripping”, recording, transferring, performing or displaying to the public, broadcasting, or making available to the public any part of the Services or User Content, or otherwise making any use of the Services or User Content which is not expressly permitted under the Terms or applicable law or which otherwise infringes the intellectual property rights (such as copyright) in the Services or User Content or any part of it;
- using the Services to distribute, reproduce, record, perform or display any music content for which you do not have all necessary rights;
- using the Services to import or copy any local files you do not have the legal right to import or copy in this way;
- transferring copies of cached User Content or My Brass Radio Content from an authorized terminal device to any other device via any means;
- reverse-engineering, decompiling, disassembling, modifying, or creating derivative works based on the Services or User Content or any part thereof unless permitted by applicable law;
- circumventing any technology used by Brass Radio One, its licensors, or any third party to protect Brass Radio One, the Services or User Content;
- selling, renting, sub-licensing or leasing of any part of the Services or User Content;
- circumventing any territorial restrictions applied by Brass Radio One or its licensors;
- manipulating the Services by using a script or other automated process;
- taking any action that imposes an unreasonable load on the Services;
- removing or altering any copyright, trademark, or other intellectual property notices contained on or provided through the Services (including for the purpose of disguising or changing any indications of the ownership or source of any User Content);
- “crawling” the Services or otherwise using any automated means (including bots, scrapers, and spiders) to collect information from Brass Radio One or the Services, provided that, and subject to compliance with any instructions posted in the robots.txt file located in the root directory associated with the Services, Brass Radio One (i) grants to the operators of public search engines permission to use spiders to copy materials from the Services for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such materials (excluding the audio content included within an audio file), but not caches or archives of such materials, and (ii) reserves the right to revoke such permission at any time and without notice;
- framing or linking to any of the materials or information available on Brass Radio One’s website or the Services; or
- deleting or altering any My Brass Radio Content, or any material Brass Radio One or any other user makes available on the Services;
- Please respect Brass Radio One, the owners of the User Content, yourself, and other users of the Services. Don’t engage in any activity, submit any User Content, or register and/or use a username, which is or includes material that:would violate any agreement to which you are a party, such as, by way of example and not limitation, an exclusive recording agreement or publishing agreement;
- is offensive, abusive, defamatory, pornographic, threatening, obscene, or advocates or incites violence;
- is illegal, or intended to promote or commit an illegal act of any kind, including but not limited to violations of intellectual property rights, privacy rights, or proprietary rights of Brass Radio One or a third party;
- includes your password or purposely includes any other user’s password or purposely includes personal data of third parties or is intended to solicit such personal data;
- includes malicious content such as malware, Trojan horses, or viruses, or otherwise interferes with any user’s access to the Services;
- is intended to or does harass or bully other users;
- impersonates or misrepresents your affiliation with another user, person, or entity, or is otherwise fraudulent, false, deceptive, or misleading;
- artificially promotes content;
- involves the transmission of unsolicited mass or commercial electronic mail or text messages or other forms of spam;
- involves commercial or sales activities or pyramid schemes, that are not expressly authorized by Brass Radio One;
- exposes confidential or proprietary information of a third party or personal information about yourself that you do not wish to make available to people around the world;
- interferes with or in any way disrupts the Services, tampers with, breaches, or attempts to probe, scan, or test for vulnerabilities in the Services or Brass Radio One’s computer systems, network, usage rules, or any of Brass Radio One’s security components, authentication measures or any other protection measures applicable to the Services, the User Content or any part thereof; or
- conflicts with the Terms, as determined by Brass Radio One, collectively (“Objectionable Content”).
You agree that you will not assist any person in engaging, or permit or encourage any person to engage, in any Objectionable Content.
You acknowledge and agree that posting any Objectionable Content may result in immediate termination or suspension of your My Brass Radio account. Brass Radio One may also reclaim your username for any reason, including, but not limited to, for the purpose of giving your username to another user of the Services, and Brass Radio One will have no liability to you if it does so. Brass Radio One has a set of My Brass Radio Community Guidelines that further govern the conduct of all users of the Service. You will also comply with other such guidelines incorporated herein by reference.
Please be thoughtful about how you use the Services and what you submit. The Services include the ability to post User Content and make certain information about you public. Remember that shared or publicly available information may be used and re-shared by other users on the Services or across the web, and may live on in perpetuity once posted, so please submit User Content on the Services carefully. Brass Radio One has no responsibility for your choices to post User Content on the Services.
We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of us, our users and the public.
Explainer: There are various types of content that are strictly forbidden on My Brass Radio, like content that is stolen, dangerous, abusive, harmful, or illegal. Use common sense and you’ll be fine!
The “My Brass Radio” and “Brass Radio One” name and logos are trademarks and service or brand identifier’s marks of Brass Radio One (collectively the “Brass Radio One Trademarks”). Other company, product, and service names and logos used and displayed via the Services may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to us.
Nothing in these Terms or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Brass Radio One Trademarks displayed on the Services, without our prior written permission in each instance. All goodwill generated from the use of Brass Radio One Trademarks will inure to our exclusive benefit.
Explainer: You must not use any Brass Radio One Trademarks (including the “My Brass Radio” name and logo) without written permission from Brass Radio One.
8. Third Party Services
The Services may permit you to link to other websites, online services or resources, and other websites, online services or resources may contain links to the Services. When you access third party resources, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply our endorsement or any association between us and their operators.
You further acknowledge and agree that we will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such third party content, goods or services available on or through any such third party website, online service or resource.
Explainer: We do not review or monitor external links put in My Brass Radio content. Please be careful when clicking any link to the outside world, and please be mindful of which links you add to your own content.
We may terminate your access to all or any part of the Services at any time, for any reason, which may result in the forfeiture and destruction of all information, including User Content, associated with your Account. You agree that we will not be liable to you or any third party, including Sponsors associated with your use of the Monetization Services, for any termination of your access to or use of the Services.
If you wish to terminate your Account, you may do so by contacting us via our help page.
All provisions of these Terms of Service which by their nature should survive termination will survive termination, including, without limitation, licenses of User Content, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Explainer: Common sense and generally being a nice person means you can use My Brass Radio all you wish! But if we do terminate your account for any reason, we have the ability to do so without a guarantee that we will notify you.
10. Warranty Disclaimer
To the fullest extent permitted under applicable law:
We have no special relationship with you or fiduciary duty to you.
You acknowledge that we have no duty to take any action regarding: which users gain access to the Services; what content you access via the Services; or how you may interpret or use the content.
You release us from all liability for you having acquired or not acquired content through the Services. We make no representations concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or content contained in or accessed through the Services.
The Services are provided “AS IS”, “AS AVAILABLE” and without warranty of any kind, express, statutory or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed. We and our affiliates, and our and their officers, directors, shareholders, employees, agents, suppliers, partners and third-party content providers, and any successors or assigns, do not warrant and expressly disclaim that: (i) the Services will be secure or available at any particular time or location; (ii) any defects or errors will be corrected; (iii) the Services are free of viruses or other harmful components; or (iv) the results of using the Services will meet your requirements. your use of the Services is solely at your own risk.
Explainer: We do our best to build the best darn podcasting platform in the world. But we can’t make any guarantees. You agree we won’t be liable if it ever doesn’t work as intended, or if you come across content or users that you’re not happy with.
To the fullest extent permitted under applicable law: You will defend, indemnify, and hold harmless us, our affiliates and each of our and their respective employees, directors, suppliers, partners, contractors, third-party licensors and representatives (the “Indemnified Parties”) from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to (1) your breach, or alleged breach, of the Terms; (2) any User Content that you post or otherwise contribute or make available; (3) any activity in which you engage on or through the Services; (4) your violation of any law or the rights of a third party; and (5) any dispute you may have with another User or collaborator in connection with any User Content or use of the Services.
We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses. You agree not to involve Brass Radio One in any dispute you may have with another User or collaborator.
Explainer: If we ever get sued and it’s because you violated these terms or any rules or laws, or because you created content that caused someone else to sue us, you agree to reimburse us for the consequences of your misdeeds or that content.
12. Limitation of Liability
This Section 13 applies to the fullest extent permitted under applicable law:
You agree that your sole and exclusive remedy for any problems or dissatisfaction with the Services is to stop using the Service. you agree that Brass Radio One has no obligation or liability arising from or related to third party services made available through or in connection with the Services.
In no event will Brass Radio One and its affiliates, and its and their officers, directors, shareholders, employees, agents, suppliers, partners or third-party licensors, and any successors or assigns, be liable for (1) any indirect, special, incidental, punitive, exemplary, or consequential damages; (2) any loss of use, data, business, or profits (whether direct or indirect), in all cases arising out of the use of or inability to use the Services, or third party services, regardless of legal theory, without regard to whether Brass Radio One has been warned of the possibility of those damages, and even if a remedy fails of its essential purpose; or (3) aggregate liability for all claims relating to the Services more than the amounts paid by you to Brass Radio One during the prior twelve months in question.
Nothing in the Terms removes or limits Brass Radio One’s liability for fraud, fraudulent misrepresentation, death or personal injury caused by its negligence, and, if required by applicable law, gross negligence.
You agree that any claim against Brass Radio One must be commenced (by filing a demand for arbitration under Section 14 or filing an individual action under Section 15(a) within one (1) year after the date the party asserting the claim first knows or reasonably should know of the act, omission, or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period. If applicable law prohibits a one-year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law.
Explainer: We have no intention of this ever happening, but if we do something that somehow causes you to suffer a financial loss, you agree to a limit on how much we are required to reimburse you.
- Dispute resolution and arbitration
You and Brass Radio One agree that any dispute, claim, or controversy between you and Brass Radio One arising in connection with or relating in any way to these Terms or to your relationship with Brass Radio One as a user of the Service (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of these Terms) will be determined by mandatory binding individual (not class) arbitration. You and Brass Radio One further agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope or validity of the Arbitration Agreement or to the arbitrability of any claim or counterclaim. Arbitration is more informal than a lawsuit in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than in court. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney fees), except that the arbitrator may not award any relief, including declaratory or injunctive relief, benefiting anyone but the parties to the arbitration. This arbitration provision will survive termination of these Terms.
Notwithstanding the clause above Section 14(a), you and Brass Radio One both agree that nothing in this Arbitration Agreement will be deemed to waive, preclude, or otherwise limit either of our rights, at any time, to (1) bring an individual action in a U.S. small claims court or (2) bring an individual action seeking only temporary or preliminary individualized injunctive relief in a court of law, pending a final ruling from the arbitrator. In addition, this Arbitration Agreement doesn’t stop you or us from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf (or vice versa).
- No Class or Representative Proceedings: Class Action Waiver
YOU AND Brass Radio One AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and Brass Radio One agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.
- Arbitration rules
Either you or we may start arbitration proceedings. Any arbitration between you and Brass Radio One will take place under the Consumer Arbitration Rules of the American Arbitration Association (“AAA”) then in force (the “AAA Rules”), as modified by this Arbitration Agreement. You and Brass Radio One agree that the Federal Arbitration Act applies and governs the interpretation and enforcement of this provision (despite the choice of law provision above). The AAA Rules, as well as instructions on how to file an arbitration proceeding with the AAA, appear at adr.org, or you may call the AAA at 1-800-778-7879. Brass Radio One can also help put you in touch with the AAA. Any arbitration hearings will take place in the county (or parish) of your billing address, provided that if the claim is for $25,000 or less, you may choose whether the arbitration will be conducted (1) solely on the basis of documents submitted to the arbitrator; (2) through a non-appearance based telephonic hearing; or (3) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If you choose to file an arbitration proceeding and you are required to pay a filing fee, Brass Radio One will reimburse you for that filing fee, unless your claim is for greater than US $10,000, in which case you will be responsible for the filing fee. Brass Radio One will pay any other arbitration fees, including your share of arbitrator compensation, unless otherwise required by AAA rules or court order. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
- Notice; Process
A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail, Federal Express, UPS, or Express Mail (signature required), or in the event that we do not have a physical address on file for you, by electronic mail (“Notice”). Brass Radio One’s address for Notice is: Brass Radio One USA Inc. Attn: General Counsel, 4 World Trade Center, 150 Greenwich Street, 62nd Floor, New York, New York 10007, USA. The Notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought (“Demand”). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or Brass Radio One may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Brass Radio One shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. In the event our dispute is finally resolved through arbitration in your favor, and the arbitrator issues you an award that is greater than the value of Brass Radio One’s last written settlement offer, then Brass Radio One will instead pay you either the amount of the award or $1,000, whichever is greater. All documents and information disclosed in the course of the arbitration shall be kept strictly confidential by the recipient and shall not be used by the recipient for any purpose other than for purposes of the arbitration or the enforcement of the arbitrator’s decision and award and shall not be disclosed except in confidence to persons who have a need to know for such purposes or as required by applicable law.
If this Arbitration Agreement is invalidated in whole or in part, the parties agree that the exclusive jurisdiction and venue described in Section 15 shall govern any claim in court arising out of or related to these Terms.
Explainer: If you and My Brass Radio ever have a disagreement (and we hope that never happens!), instead of facing the lengthy and expensive process of going to court, we agree to use the alternative dispute resolution process described here.
- Governing Law and Jurisdiction.
These Terms will be governed by and construed in accordance with the laws of the United States (including federal arbitration law) and the State of New York, United States of America, without regard to choice or conflicts of law principles. You agree that any dispute arising from or relating to the subject matter of these Terms or otherwise not subject to arbitration will be subject to the exclusive jurisdiction and venue of the Southern District of New York.
- New Jersey Consumers
If you are a consumer residing in New Jersey, the following provisions of these Terms do not apply to you (and do not limit any rights that you may have) to the extent that they are unenforceable under New Jersey law: (i) the disclaimer of liability for any indirect, incidental, consequential, special, exemplary or punitive damages of any kind (for example, to the extent unenforceable under the New Jersey Punitive Damages Act, New Jersey Products Liability Act, New Jersey Uniform Commercial Code and New Jersey Consumer Fraud Act); (ii) the limitations of liability for lost profits or loss or misuse of any data (for example, to the extent unenforceable under the New Jersey Identity Theft Protection Act and New Jersey Consumer Fraud Act); (iii) application of the limitations of liability to the recovery of damages that arise under contract and tort, including negligence, strict liability or any other theory (for example, to the extent such damages are recoverable by a consumer under New Jersey law, including the New Jersey Products Liability Act); (iv) the requirement that you indemnify Brass Radio One and the Indemnified Parties (for example, to the extent the scope of such indemnity is prohibited under New Jersey law); (v) the limitation on your time for filing a claim against Brass Radio One hereunder, to the extent that such limitation in connection with a claim is shorter than the applicable limitation under New Jersey law; and (vi) the New York governing law provision (for example, to the extent that your rights as a consumer residing in New Jersey are required to be governed by New Jersey law).
- Entire Agreement and Severability.
These Terms are the entire agreement between you and us with respect to the Services and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the Services. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder
- Force Majeure.
We will not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
These Terms are personal to you, and are not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder, in whole or in part, without your consent and without notice to you.
No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and neither party has any authority of any kind to bind the other in any respect.
Unless otherwise specified in these Terms, all notices under these Terms will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to via our help page.
- No Waiver.
Our failure to enforce any part of these Terms will not constitute a waiver of our right to later enforce that or any other part of these Terms. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.
The Section and paragraph headings in these Terms are for convenience only and will not affect their interpretation.
15. Apple Devices and Application Terms
If you have downloaded the App from the Apple, Inc. (“Apple”) App Store or if you are using the App on an iOS device, you acknowledge that you have read, understood, and agree to the following notice regarding Apple. This Agreement is between you and Brass Radio One only, not with Apple, and Apple is not responsible for the Service and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service. In the event of any failure of the Service to conform to any applicable warranty, then you may notify Apple and Apple will refund any applicable purchase price for the App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including: (1) product liability claims; (2) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Service and/or your possession and use of the App infringe that third party’s intellectual property rights. You agree to comply with any applicable third party terms, when using the Service. Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary of this Agreement. You hereby represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.
For customer support queries, please contact our customer service department using our customer support page at www.mybrassradio.com/help
My Brass Radio Inc. (“Company”) has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (http://lcweb.loc.gov/copyright/legislation/dmca.pdf) and other applicable intellectual property laws. The address of the Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is listed at the end of this policy.
Procedure for Reporting Copyright Infringement:
If you believe that material or content residing on or accessible through Company’s websites or services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
- Identification or description of works or materials being infringed;
- Identification or description of the material that is claimed to be infringing, including information regarding the location on the My Brass Radio Platform of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Company is capable of finding and verifying its existence;
- Contact information about the notifying party including address, telephone number and, if available, e-mail address;
- A statement that the notifying party has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and
- A statement by the notifying party made under penalty of perjury that the information provided is accurate and the notifying party is the copyright owner or authorized to make the complaint on behalf of the copyright owner.
Counter-Notice: If you believe that your content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use your content, you may send a written counter-notice containing the following information to the Copyright Agent:
- Your physical or electronic signature;
- Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within the Southern District of New York and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Company will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
Repeat Infringer Policy: In accordance with the Digital Millennium Copyright Act and other applicable law, Company has adopted a policy of terminating, in appropriate circumstances and at Company’s sole discretion, users who are deemed to be repeat infringers. Company may also at its sole discretion limit access to the My Brass Radio Platform and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Please contact the Designated Agent to Receive Notification of Claimed Infringement for Company at [email protected]. You can also send notification via mail to:
Brass Radio One C/O My Brass Radio
1100 University Ave
Rochester, NY 14607
Thanks for choosing My Brass Radio, a service offered by Brass Radio One (“My Brass Radio“, “we“, “our“, “us“), which allows creators the opportunity to create, share and monetize podcasts.
2. ABOUT THIS POLICY
This Policy sets out the essential details relating to your personal data relationship with us when you use the My Brass Radio website, mobile applications, and any other products and services that link to this Policy (collectively, the “Services“).
From time to time, we may develop new or offer additional services. If the introduction of these new or additional services results in any change to the way we collect or process your personal data we will provide you with more information and additional terms or policies. Unless stated otherwise when we introduce these new or additional services, they will be subject to this Policy.
3. YOUR RIGHTS AND YOUR PREFERENCES: GIVING YOU CHOICE AND CONTROL
The General Data Protection Regulation or “GDPR” gives certain rights to individuals in relation to their personal data. As available and except as limited under applicable law, the rights afforded to individuals are:
- Right of access – the right to be informed of and request access to the personal data we process about you;
- Right to rectification – the right to request that we amend or update your personal data where it is inaccurate or incomplete;
- Right to erasure – the right to request that we delete your personal data;
- Right to restrict processing – the right to request that we temporarily or permanently stop processing all or some of your personal data;
- Right to data portability – the right to request a copy of your personal data in electronic format and the right to transmit that personal data for use in another party’s service; and
- Right to object –
- the right, at any time, to object to us processing your personal data on grounds relating to your particular situation;
- the right to object to your personal data being processed for direct marketing purposes;
- Right to withdraw consent – If we rely on your consent to process your personal data, you have the right to withdraw that consent at any time. Withdrawal of consent will not affect any processing of your data before we received notice that you wished to withdraw consent.
- Right not to be subject to Automated Decision-making – the right to not be subject to a decision based solely on automated decision making, including profiling, where the decision would have a legal effect on you or produce a similarly significant effect.
In addition to the rights above, you always have the following choices regarding promotional communications and notifications:
- Promotional Communications – you may opt out of receiving promotional communications from us by following the instructions in those messages or by contacting us at any time. If you opt out from promotional communications, we may still send you non-promotional emails, such as those about your account or our ongoing business relations.
- Mobile Push Notifications/Alerts – with your consent, we may send promotional and non-promotional push notifications or alerts to your mobile device. You can deactivate these messages at any time by changing the notification settings on your mobile device.
If you have any questions about your privacy, your rights, or how to exercise them, please see the “How to contact us” section below for information on how to contact us. If you have concerns around our processing of your personal data, we hope you will continue to work with us to resolve them. However, you can also contact and have the right to lodge a complaint with the Swedish Data Protection Authority (Datainspektionen) or your local Data Protection Authority.
4. PERSONAL DATA WE COLLECT FROM YOU
PERSONAL DATA YOU PROVIDE TO US
We collect personal data that you provide to us:
|Categories of personal data||Description of category|
|User Data||If you are a creator, you will be required to provide certain required personal data to create an account, such as your name, email address, password, and address. You also have the option to provide us other information about yourself, such as a profile photo, biography, country information, and website.|
|Payment and Purchase Data||If you are a listener and choose to support a creator, we collect your name and email address. Our payment processor collects your payment information.|
|Payment and Purchase Data||Contests, Surveys and Sweepstakes Data When you complete any forms, submit a survey, or participate in a contest, we collect the personal data you provide.|
PERSONAL DATA COLLECTED WHEN YOU USE THE SERVICES (“USAGE DATA”)
When you use the Services, we collect certain data automatically. Usage Data includes:
|Categories of personal data||Description of category|
|User content||When you create and share content using our Services, we collect any personal data included in that content.|
|Log data||Information that your browser automatically sends whenever you use the Services. Log Data includes your Internet Protocol (“IP”) address, browser type and settings, the date and time of your request, and how you interacted with the Services.|
|Device information||Includes type of device you are using, operating system, settings, unique device identifiers, network information and other device-specific information. Information collected may depend on the type of device you use and its settings.|
|Other usage information||We collect information about how you use our Services and Brass Radio One’s other services, such as the types of content that you post or listen to, the features you use, the actions you take, the other Users you interact with and the time, frequency and duration of your activities.|
PERSONAL DATA COLLECTED FROM OTHER SOURCES
|Categories of personal data||Description of category|
|Data from Social Media Services||If you create an account or log in to the Services using credentials from social media services such as Facebook, Google, or Twitter (“Social Media Services”), we will have access to certain information from that Social Media Service, such as your name and email address in accordance with the authorization procedures determined by such Social Media Service.|
5. WHAT WE USE YOUR PERSONAL DATA FOR
When you use or interact with the Services, we use a variety of technologies to process the personal data we collect about you for various reasons. We have set out in the table below the reasons why we process your personal data, the associated legal bases we rely upon to legally permit us to process your personal data, and the categories of personal data (identified in Section 4) used for these purposes:
|Description of why My Brass Radio processes your personal data (‘processing purpose’)||Legal Basis for the processing purpose||Categories of personal data used by My Brass Radio for the processing purpose|
|To provide, personalize, and improve our Services, for example, by allowing creators to create and distribute their content and to allow listeners to support that content.||
|To provide, personalize, and improve your experience with the Services and other services and products provided by Brass Radio One, for example by providing customized, personalized, or localized content, recommendations, features, and advertising.||
|To understand how you access and use the Services to ensure technical functionality of the Services, develop new products and services, and analyze your use of the Services, including your interaction with applications, advertising, products, and services that are made available, linked to, or offered through the Services.||
|To communicate with you for Service-related purposes.||
|To process your payment to prevent or detect fraud including fraudulent payments and fraudulent use of the Services.||
|To communicate with you, either directly or through one of our partners, for marketing, research, participation in contests, surveys and sweepstakes, promotional purposes, via emails, notifications, or other messages, consistent with any permissions you may have communicated to us.||
6. SHARING YOUR PERSONAL DATA
We may share or disclose your personal data under the following circumstances, or as otherwise described in this Policy:
- With Your Consent or at Your Direction. The Services are designed to enable creators to broadly and instantly disseminate information to a wide range of listeners and services. When you share information or content via the Services, you should think carefully about what you are making public.
- Public Profile Information and Posts. Your public user profile information and public posts are immediately delivered via RSS feeds and our APIs to our partners and other third parties, including search engines, developers, and publishers that integrate the Services content into their services.
- Social Media Services. If you elect to access and use Social Media Services, you will be sharing your information (which could include personal data) with those Social Media Services and others on the Social Media Services platform.
- Within the Brass Radio One Group of Companies. We will share your personal data with other companies in the Brass Radio One Group to carry out our daily business operations and to enable us to maintain and provide the Services to you.
- Business Transfers. If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, sale of all or a portion of our assets, or transition of service to another provider, your personal data and other information may be transferred to a successor or affiliate as part of that transaction along with other assets.
- Legal Requirements. We will share your personal data when we in good faith believe it is necessary for us to do so in order to comply with a legal obligation under applicable law, or respond to valid legal process, such as a search warrant, a court order, or a subpoena. We also will also share your personal data where we in good faith believe that it is necessary for the purpose of our own, or a third party’s legitimate interest relating to national security, law enforcement, litigation, criminal investigation, protecting the safety of any person, or to prevent death or imminent bodily harm, provided that we deem that such interest is not overridden by your interests or fundamental rights and freedoms requiring the protection of your personal data.
7. DATA RETENTION AND DELETION
We keep your personal data only as long as necessary to provide you with the Services and for legitimate and essential business purposes, such as maintaining the performance of the Services, making data-driven business decisions about new features and offerings, complying with our legal obligations, and resolving disputes. We keep some of your personal data, such as your user data and user content, for as long as you are a user of the Services.
If you have elected to receive marketing communications from us, we retain information required to send these communications until you opt out of receiving these communications in accordance with our policies.
Some cookies expire after a certain amount of time, or upon logging out (session cookies), others remain on your computer or terminal device for a longer period (persistent cookies). Our Services use first party cookies (cookies set directly by Brass Radio One) as well as third party cookies, as described below. For more details on cookies please visit All About Cookies.
Type of Cookies Used. The Services use the following technologies:
- Strictly Necessary Cookies: Used to provide Users with the Services and to use some of their features, such as the ability to log-in and access to secure areas. These cookies are served by Brass Radio One and are essential for using and navigating the Services. Without these cookies, basic functions of our Services would not work. Because these cookies are strictly necessary to deliver the Services, you cannot refuse them.
- Analytics/Performance: Used to better understand the behavior of the Users on our Services and improve our Services accordingly, for example by making sure Users are finding what they need easily. The Site uses Google Analytics, a web analytics service provided by Google Inc. (“Google”). You can prevent your data from being collected by Google Analytics on our Services by downloading and installing the Google Analytics Opt-out Browser Add-on for your current web browser. For more information on Google Analytics privacy practices, read here.
- Your Choices. On most web browsers, you will find a “help” section on the toolbar. Please refer to this section for information on how to receive a notification when you are receiving a new cookie and how to turn cookies off. Please note that if you limit the ability of websites to set cookies, you may be unable to access certain parts of the Services and you may not be able to benefit from the full functionality of the Services. If you access the Services on your mobile device, you may not be able to control tracking technologies through the settings.
9. TRANSFER TO OTHER COUNTRIES
Brass Radio One USA, Inc. is based in the United States and we process and store personal data in the United States and other countries. Therefore, we and our service providers may transfer your personal data to, or store or access it in, jurisdictions that may not provide equivalent levels of data protection as your home jurisdiction. We will take steps to ensure that your personal data receives an adequate level of protection in the jurisdictions in which we process it.
If you are accessing our Services from the EU/EEA or other regions, please note that your personal data will be transmitted to our servers in the United States and the data may be transmitted to our service providers supporting our business operations (described above). In such instances we will ensure that the transfer of your personal data is carried out in accordance with applicable privacy laws and, in particular, that appropriate contractual, technical, and organizational measures are in place such as the Standard Contractual Clauses approved by the EU Commission.
Please note that this Policy only applies to the Services. When using the Services, you may find links to other websites not operated or controlled by us (“Third Party Sites”), including the Social Media Services. The information that you share with Third Party Sites will be governed by the specific privacy policies and terms of service of the Third Party Sites and not by this Policy. By providing these links we do not imply that we endorse or have reviewed these Third Party Sites. Please contact any Third Party Sites directly for information on their privacy practices and policies.
11. KEEPING YOUR PERSONAL DATA SAFE
We are committed to protecting our users’ personal data. We implement appropriate technical and organisational measures to help protect the security of your personal data; however, please note that no system is ever completely secure. We have implemented various policies including pseudonymisation, encryption, access, and retention policies to guard against unauthorised access and unnecessary retention of personal data in our systems.
Your password protects your user account, so we encourage you to use a strong password that is unique to your My Brass Radio account, never share your password with anyone, limit access to your computer and browser, and log out after having used the Services.
The Services are not directed to children under the age of 13 years. The Services are also not offered to children whose age makes it illegal to process their personal data or requires parental consent for the processing of their personal data under the GDPR or other local law.
We do not knowingly collect personal data from children under 13 years or under the applicable age limit (the “Age Limit”). If you are under the Age Limit, please do not use the Services, and do not provide any personal data to us.
If you are a parent of a child under the Age Limit and become aware that your child has provided personal data to us, please contact us, and you may request exercise of your applicable rights detailed in the ‘Your rights and your preferences: Giving you choice and control’ Section 3 of this Policy.
If we learn that we have collected the personal data of a child under the age of 13 years, we will take reasonable steps to delete the personal data. This may require us to delete the My Brass Radio account for that child.
13. CHANGES TO THIS POLICY
We may change this Policy from time to time. If we make changes, we will notify you by revising the date at the top of the policy and, in case of material changes, we will provide you with additional notice (such as adding a statement to our homepage or sending you a notification). We encourage you to review the Policy whenever you access the Services or otherwise interact with us to stay informed about our information practices and the choices available to you.