Terms of Service

Please NOTE these Terms have been superseded by the updated terms of service covering our new streaming plans. These Terms only apply to stations who have signed up to one of our legacy non-streaming plans.

These Radio Cult Limited (“Radio Cult”) Terms of Service for transmitting entities (“Terms”) set forth the terms applicable to you broadcasting or distributing your audio content (“Feed”) through the Radio Cult application (available on Apple App Store and Google Play Store) and your usage of the Radio Cult Station Web Services (collectively, “Service”). Certain features of the Service are provided free of charge (“Free Service”), whilst other features of the Service are only available in exchange for a paid subscription. Any transmitting entity who pays for a subscription is a “Subscriber”.

By checking the applicable box provided on the sign up webpage of the Station Web Services, you acknowledge that you have read, understood and agree to these Terms. If you are entering into these Terms on behalf of a separate legal entity, then you represent that you have the authority to bind that separate legal entity, that such legal entity will be bound by these Terms and all references to “you” in these Terms will apply to the separate legal entity. This preamble is incorporated into and made part of these Terms.

Arbitration Notice

You agree that disputes arising under these Terms will be resolved by binding, individual arbitration. BY ACCEPTING THESE TERMS, YOU AND RADIO CULT ARE EACH WAIVING THE RIGHT TO A TRIAL OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.

Scope of Agreement

These Terms govern your use of the Service to make available the transmissions and distributions of your feed (“Feed”), and any sound recordings and musical works or other content embodied therein (collectively, “Feed Content”), to Radio Cult’s App users (“End Users”). By entering into these Terms, you hereby agree that your Feed may be included in the App.

If you are a Subscriber, then you acknowledge and agree that the additional terms in Section 9 below apply to your Subscriptions, and that Radio Cult provides access to Subscriptions in consideration of your payment of the amounts set forth in that Section.

1. Application, Proprietary Rights, and Grant of Rights

1.1 Licence to Service

Subject to the terms and conditions of this agreement, Radio Cult grants you a non-exclusive, non-transferable, non-sublicensable, revocable and limited licence to access and use the Service for the purpose of making the transmissions on and through your Feed available to End Users.

1.2. Restrictions on Use of Application

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:

  1. Copy, modify, translate, or create derivative works of the Service;

  2. 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;

  3. Lend, lease, offer for sale, sell or otherwise use the Service for the benefit of third parties; or

  4. Attempt to circumvent any licence, timing or use restrictions that are built into the Service.

1.3. No Guarantee of Inclusion

Radio Cult 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 at any time, for any or no reason, without notice or liability to you.

1.4. Ownership of Application

Except for the limited rights granted in Section 1.1 above, Radio Cult retains all right, title and interest, including all intellectual property rights in and to the Service, and further retains all enhancements, modifications and derivatives of the Service. You agree to use the Service solely as authorised in these Terms. You further acknowledge that the licence 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 RADIO CULT.

1.5. Licence to Your Marks

You grant and assign Radio Cult and any other applicable affiliates, a sublicensable, royalty-free, nonexclusive, worldwide and fully paid-up licence to reproduce, distribute, publicly display, publicly perform, transmit, communicate to the public, resize, and otherwise use and exploit (collectively “Use”) during the term of these Terms any of your slogans, logos, trademarks, and/or service marks (collectively, “Marks”) that you upload to the Station Web Services or otherwise make available to Radio Cult, to advertise, market and promote your Feed and the availability of your Feed on or off of the Service in any and all media now known or later devised.

1.6. Ownership of Your Marks

Subject to the licence you grant to Radio Cult above, you retain all right, title, and interest in and to your Marks, and all related intellectual property rights.

1.7. Changes to the Service

Radio Cult may at its sole discretion change, add, or remove features and functionality of the Service without any notice to you and without liability to you.

1.8. Changes to these Terms

The Service is owned and operated by Radio Cult, and Radio Cult reserves the right to revise these Terms in an immaterial manner in its sole discretion at any time and without prior notice to you other than by posting the revised Terms. Radio Cult will endeavour to provide prior notice to you of material changes to these Terms.

Unless otherwise provided, revisions to these Terms are effective upon posting and your continued use of the Service after a revised version of these Terms has been posted by Radio Cult to the Service constitutes your binding acceptance of such revised Terms except that, for existing users, material revisions will be effective 30 days after posting or notice to you of the revisions. These Terms will be identified as of the most recent date of revision, and you should visit this page periodically to ensure your continued compliance with and acceptance of the Terms.

Notwithstanding the preceding sentences of this Section 1.8, no revisions to these Terms will apply to any dispute between you and Radio Cult that arose prior to the effective date of such revision.

2. Representation and Warranties

You represent and warrant to Radio Cult that:

  1. Any and all Feed Content that you transmit or distribute on or through your Feed or otherwise provide to Radio Cult, including, without limitation, your Marks or any information you provide through the Station Portal (collectively, “Your Content”) is owned and/or licensed to you for use on, through or in association with your Feed globally or in such territories for which you assume the responsibility of controlling access by End Users and does not: a) Infringe on or violate any intellectual property rights, rights of publicity or privacy, or moral rights of any third party in every territory from which transmissions of your Feed are accessible; or b) Violate any applicable law or regulation;

  2. You have all rights, licences and permissions necessary for you to perform, transmit, communicate to the public, reproduce, distribute and otherwise use and exploit all of Your Content in every territory from which transmissions or distributions of your Feed are accessible, which includes, by way of example and not limitation, licences from all applicable performing rights organisations, collective management organisations, record labels, and music publishers or any agents for the public performance of sound recordings and the embodied musical works;

  3. You have the right, power and authority to grant any and all necessary rights and licence provided under this Agreement with respect to your Marks;

  4. No other licences, permissions, consents or authorisations must be obtained from or payments made to any other person or entity by Radio Cult arising out of Radio Cult’s exercise of any rights under this Agreement with respect to your Feed Content; and

  5. Radio Cult is not required to take any steps to limit access to transmissions or distributions made by you on your Feed in any territory globally. By way of example and not limitation, if your Feed is only cleared for transmissions or distributions to or within a specific territory but not other territories, then you and you alone are responsible for limiting the territories to which your Feed will be made available.

3. Term and Termination

3.1. Term

These Terms are in effect until terminated. Either party may terminate these Terms. You may terminate these Terms by notifying Radio Cult at services@radiocult.fm. We may terminate these terms at any time for any reason upon notice to you.

3.2. Effect of Termination

Upon expiration or termination of these Terms for any reason, all licences granted under these Terms will immediately terminate, and Radio Cult will remove your Marks from the Service.

3.3. Survival

All terms and provisions of the Terms, which by their nature are intended to survive any termination or expiration of these Terms, will survive.

4. Warranty Disclaimer

To the fullest extent permitted by applicable law, you expressly acknowledge and agree that use of the Service is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you. To the maximum extent permitted by applicable law, the Service is provided “as is” and “as available” with all faults and without warranty of any kind. Radio Cult disclaims on behalf of itself and any other applicable, affiliated parties all warranties and conditions with respect to the Service, either express, implied or statutory.

Radio Cult makes no warranty that the Service will meet your requirements or that the Service will make your feed available on an uninterrupted or error-free basis.

Radio Cult makes no warranty as to the accuracy or reliability of any information obtained through the Service, that any fault(s) in the Service will be corrected or that the Service will be compatible with any other hardware or service. Radio Cult will not be liable for any damages to the Service, or any viruses that may infect the Service.

5. Limitation of Liability

To the fullest extent permitted by applicable law and except for indemnification obligations arising under this agreement, in no event will either party be liable for any indirect, special, punitive, incidental or consequential damages in any action arising from or related to this agreement, whether based in contract, tort (including negligence), intended conduct or otherwise, including, without limitation, damages relating to the loss of profits, income or goodwill, regardless of whether such party has been advised of the possibility of such damages.

6. Third Party Disputes

Any dispute you have with any third party in connection with your use of the Service, including, without limitation, any End User or third party that owns or controls intellectual property, whether in whole or in part, transmitted or distributed on your Feed, is directly between you and such third party. You irrevocably release Radio Cult (and our Directors, Employees, and any other applicable affiliates) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

7. Indemnification

You hereby agree to indemnify and hold Radio Cult harmless from any claim, action, suit or proceeding made or brought against Radio Cult arising out of or related to your breach of any term, covenant, representation or warranty of these Terms or the availability or Use of your Feed or Your Content through the Service. Radio Cult will use reasonable efforts to notify you of any such claim, action or proceeding for which it seeks an indemnification from you upon becoming aware of it. But if Radio Cult is unable to communicate with you in a timely manner because of an inactive email address for you, then your indemnification obligation will continue notwithstanding Radio Cult’s inability to promptly contact you.

You agree that Radio Cult will, at your expense, have sole control over any defence against any claim for which you are obligated to indemnify Radio Cult pursuant to this Section 7; provided, however, that you will at all times have the option to participate in any matter or litigation, including, but not limited to, participation through counsel of your own selection, if desired, at your own expense.

8. Registration

8.1. Log-in Credentials

In order to access the Service you are required to register at least one user account with us (‘User Account”). This User Account must be distinct from the transmitting entity and must represent a legal person. A transmitting entity may have multiple User Accounts associated with it. Such User Accounts may represent, but are not limited to, employees of your transmitting entity.

8.2. Account Security

You are wholly responsible for the security of all User Accounts associated with your transmitting entity and for all activities that occur through the usage of such User Accounts. You agree to notify Radio Cult immediately at services@radiocult.fm if you suspect or know of any unauthorised use of your User Account(s) or any other breach of security with respect to your User Account(s). Radio Cult will not be liable for any loss or damage arising from unauthorised use of your User Account(s) prior to you notifying Radio Cult of such unauthorised use or loss.

8.3. Accuracy of Information

When creating any and all User Accounts, you will provide true, accurate, current and complete information as Radio Cult requests. You will update the information about each User Account promptly, and as necessary, to keep it current and accurate. We reserve the right to disallow, cancel, remove or reassign certain usernames and permalinks in appropriate circumstances, as determined by us in our sole discretion, and may, with or without prior notice, suspend or terminate any associated User Account(s) if activities occur on such Account(s) which, in our sole discretion, would or might constitute a violation of these Terms, cause damage to or impair the Service, infringe or violate any third party rights, damage or bring into disrepute the reputation of Radio Cult, or violate any applicable laws or regulations. If messages sent to the email address(es) you provide are returned as undeliverable, then Radio Cult may terminate or suspend your User Account(s) immediately without notice to you and without any liability to you or any third party.

9. Additional Terms for Subscription

9.1. Subscription Process

You may acquire a Subscription through our Service. These acquisition payments will be processed by Stripe. We accept various forms of payment, as specified during the signup process. We do not accept cash or checks.

9.2. Billing Authorisation

By providing your payment method and obtaining a subscription to the Service, you authorise Stripe (or any of their service providers), as applicable, to charge to your designated payment method the applicable monthly or annually recurring subscription fees (“Subscription Fee”), and any applicable sales, telecommunication, excise, value-added or similar taxes (“Taxes”). The Subscription Fee is exclusive of any Taxes. The Subscription Fee is payable in the currency specified during the signup process.

9.3. Subscription Fee Changes

To the fullest extent permitted under applicable law, we reserve the right to change the Subscription Fee at our sole discretion. If we change the Subscription Fee, then we will provide you notice of the proposed change at least 30 days prior to the change taking effect. The change will be effective from the start of the next renewal of your subscription after the price change has occurred. You accept the new price by continuing to use the Service after the change takes effect. If you do not accept the new price, you can unsubscribe from the Service before the updated price takes effect.

9.4. Automatic Renewal and Recurring Charges

Your subscription will begin on the billing date and continue for the subscription period that you select (“Initial Subscription Period”). The subscription will automatically renew for successive periods of the same duration as the Initial Subscription Period unless you cancel your subscription or we cancel it. You will be charged automatically on the billing date and thereafter on the renewal date of your Subscription for your Subscription Fee and Taxes for the next subscription period. You must cancel your Subscription before it renews to avoid being billed for the next periodic Subscription Fee.

9.5. Cancellation

You may cancel your Subscription to the Service at any time. If cancelled, you will have access to your Subscription until the date that would have been your next billing date. Immediately after this date, you will be downgraded to the Free Service.

9.6. Failure to Pay

If you fail to pay the applicable Subscription Fee when due, then you will be immediately downgraded to the Free Service. If such a scenario occurs, Radio Cult is not obligated to maintain your User Account(s). Radio Cult may however maintain your User Account(s) to allow you to pay owing fees and restore your Subscription.

10. Miscellaneous

10.1. Other Terms

You acknowledge and agree that:

  1. These Terms are specific to your making transmissions of your Feed available to End Users of the Service;

  2. You are bound by Radio Cult’s End User Licence Agreement and Terms of Service (“EULA”) when you access and use Radio Cult’s Service for any other purpose; and

  3. You agree not to use the Service, or any part of the Service, in any manner not expressly permitted by these Terms.

In the event of any direct conflict between these Terms and EULA, these Terms will control the extent of the conflict.

10.2 Independent Contractors

The relationship between the parties will be that of independent contractors. You may not represent yourself as an agent or legal representative of Radio Cult for any purpose whatsoever. You have no right to create or assume any obligation of any kind, express or implied, for or on behalf of Radio Cult in any way whatsoever. This agreement will not create or be deemed to create any agency, partnership, or joint venture between the parties.

10.3. Assignment

You may not assign this Agreement or any of its rights or obligations, directly or indirectly, by operation of law or otherwise, without the prior written consent of Radio Cult. Radio Cult may assign these Terms at any time and for any reason. Subject to the foregoing, these Terms will inure to the benefit of and be binding upon the parties and their respective successors and permitted assigns. Any attempted assignment in violation of this Section will be null and void.

10.4. Severability

If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, then the remaining provisions of these Terms will remain in full force and effect.

10.5. Modification and Waiver

Subject to section 1.8 no waiver or modification of these Terms will be valid unless made in writing and signed by both parties. The waiver of a breach of any term of these Terms will in no way be construed as a waiver of any other term or breach.

10.6. Headings

The captions and headings in these Terms are intended only for convenience, and will in no event be construed to define, limit or describe the scope or intent of these Terms, or of any provision of these Terms, nor in any way affect the interpretation of these Terms.

10.7. Electronic Communication

You authorise Radio Cult to communicate with you via email regarding the Service or these Terms.

10.8. Interpretation

You expressly waive any rule of law or legal decision that would require the interpretation of ambiguities in this Agreement against Radio Cult as the drafting party of these Terms.

10.9. Entire Agreement

These Terms supersede any previous or contemporaneous communications, whether oral or written, express or implied, and embody the entire agreement of the parties regarding your use of the Service to transmit or distribute your Feed to End Users.