Terms and Conditions

Welcome to the world of music by Un-Signed Artists, brought to you exclusively by USA Radio (Un-Signed Artist Radio (Pty) Ltd.) hereinafter only referred to as USA Radio.

USA Radio is an online radio station that plays music from recording artists that are not signed to any record label and are independent. Users registered on our platform may submit and upload audio and video, photographs, text and any other form of material, data and other information permitted and in line with our Terms of Use, which will be stored, streamed, broadcast, downloaded and distributed in and through all our mediums, by USA Radio in their ongoing activities as the case may be to offer this service. By submitting to, uploading on or sharing content on or with USA Radio and any of its users, listeners or third-parties, implies explicit authorisation by the owner of the material for use by USA Radio and access and use by other USA Radio users, listeners and third-parties. The platform allows both registered and unregistered users to access any content, data, music, videos and other material uploaded on the website by registered users, which may be listened to, watched, shared or downloaded by both registered and unregistered users.

USA Radio will continue to develop tools and services to make the service more pleasant for the user and also to empower the artists. Tools such as the website, applications, instant messaging, connect with producers, sell your music, book artist, collaborate and many other exciting features will be developed and implemented to maximize the benefits of USA Radio to the users.

Our terms of use govern your usage of our platforms which include but is not limited to the website: usaradio.live and all our services, services whether accessed directly through our site or via third-parties, applications whether desktop or mobile, any software, tools and any other functionalities of our site, TV or radio all which are provided by USA Radio – Un-Signed Artist Radio (Pty) Ltd. Our terms of use which also include our privacy policy and cookies policy form a legally binding contract between the user (you) and the service provider (USA Radio) regarding all services offered by the service provider.

Before you use our service – Accept our Terms

You must be 18 (eighteen) years and older to use our service or have the permission of your parents or legal guardians, USA Radio will not verify the above fact in relation to your age and will not be held liable whatsoever for the unauthorised usage of this service by minors that do not have the consent of their parents or guardians. By using the service, you confirm that you are 18 (eighteen) years and older or are a major according to the laws of your jurisdiction or that you have the consent of your parents or guardians should you not be a major.

By using USA Radio, either directly or indirectly through a third-party, or accessing any of our services or products offered on the platform in any manner, indicates your agreement to our Terms of Use, Privacy Policy and Cookies Policy and your commitment to abide strictly by the Terms, should you not be in agreement with any of the Terms of Use, please do not use our website and any related services or applications etc. we therefore advise that you read these Terms very carefully before you continue using our services,

It is our explicit right to amend, change, modify, replace or alter in whatever way we determine necessary the Terms of Use of our service at any given time without consulting, requesting permission or engaging our users. It is the implicit and explicit responsibility of the user to check on a regular basis for any updates to our Terms of Use and use the service based on the updated Terms.

Should there be material changes or updates to our Terms of Use, we will notify our users via online displayed messages and through direct messaging either to their provided e-mail accounts or USA Radio accounts. Should the user not be in agreement with the changes or updates as may be updated from time to time, the user should terminate their account according to the manner provided by USA Radio, continued usage of our services after such notification of updated Terms implies your explicit acceptance of our updated Terms and becomes binding. The users have a period of 30 (thirty) calendar days to accept and continue using the service or decline and terminate their account, however by continuing your usage of our service after such period 30 (thirty) calendar days, you implicitly accept the updated Terms of Use.

Royalties

USA Radio offers a free play listing service to its contributors, the Un-Signed Artists from across the globe. USA Radio does not and will not pay royalty fees to any artist that submits music and or any other content to be aired on USA Radio. It remains the responsibility of the artist to ensure that no royalty is payable on the music they upload, USA Radio does not and will not verify whether music and content uploaded is royalty free. The uploader, or person who submits music to USA Radio confirms that they are the rightful owner of the content, understand that no royalties are payable, that should any other party t have legal rights to royalties on the content uploaded that such party has waived their rights to royalties, does not and will not expect royalties from USA Radio, the uploader also accepts responsibility for any such claims that may arise concerning royalties from music uploaded by such person and indemnifies USA Radio of any such responsibility. The uploader also confirms that he or she has the right to upload the content on USA Radio and indemnifies USA Radio of any legal claims that may potentially arise due to content uploaded by the user.

Accounts

Listening to USA Radio online or on the application does not require that the listener register and create an account. Users can log onto and listen to USA Radio, brows some contents such as artists profiles, search for tracks, and download without having an account. To access more advanced features such as uploading content, connecting with other users, instant messaging other users, promoting material and any other such features that are not considered standard, users will have to register and create an account in their name.

Upon registration the user will be requested to supply certain material personal information such as real names, email address, contact number, email address, age, date of birth etc. which will be treated with strict confidentiality according to our Privacy Policy. You will choose an available username and password which you are to keep strictly confidential. You are not to create an account in anyone’s name other than yourself and you take full responsibility for any activity that happens from your account. Should you suspect that your account has had unauthorized access, you are to notify USA Radio immediately in writing and change your passwords at the earliest convenience.

USA Radio reserves the right to terminate, suspend, cancel, block, remove and decline users or usernames at our own discretion without consultation or notice to the user based on valid circumstances if we believe that the user has contravened or violated our Terms of Use, or violate the rights of any other user, third party or any letter of law in your own jurisdiction or any jurisdiction in which we operate. As the user, you also have the right to close your account with USA Radio at any time without prior notice or consultation.

Listening to and using USA Radio

Your listenership and or user-ship of USA Radio is subject to your unwavering commitment to abide by the Terms of Use as set out herein, and should you not be willing to abide by the rules, refrain from using and or accessing our service. You are given a personal, non-exclusive, limited license to access and use USA Radio, this license may not be transferred or assigned to any other party, this license gives you access to use USA Radio and all its features as may be available and developed over time which includes the use of the website and any other applications, to upload content, to download content, to stream, to post, to edit your personal content and any other features as the sites or application may permit provided that the use it appropriate, and does not contravene any laws. This license is revocable and maybe revoked without prior notice if abused. With this license, you may:

  1. Log on to our site, create an account, upload and download content as may be availed by you or other users, provided that it is within permissible guidelines of our Terms of Use.
  2. Connect to and with other users as may be permitted by the service in accordance with the provisions of the Terms of Use
  3. Use any of the services provided by USA Radio in accordance to the permissions granted in terms of the Terms of Use.

The following prohibitions and limitation of rights are to be applied with the limited rights of access as defined above:

  1. You may not under any circumstances copy, rip, or attempt to copy or rip any audio content posted online except as permitted by the artist, owner or the site.
  2. You may not pirate, copy, steal publish or republish, represent, transfer, transform, share, distort, distribute, perform or adopt any content on the USA Radio platform unless the content in question is your own and you own full rights to do the above mentioned to it, or as maybe allowed in accordance with our Terms of Use and where that use does not violate any law or infringe the rights of the owner or other user.
  3. You may not try to copy USA Radio’s services or offerings in anyway.
  4. You may not plagiarise any content on this platform.
  5. You may not manipulate the contents, services, applications, offerings, accounts, or any other data in any manner whatsoever that may or may not give you or another party a material or immaterial advantage or disadvantage in any manner and you may not advise or perform any such activities on behalf of another user.
  6. You may not temper with any content or material belonging to USA Radio in any way or form except if the content in question belongs to you.
  7. You May not allow anyone including yourself to try and copy USA Radio, its functionalities, its services, applications, information or anything else in any way or form.
  8. You may not post content of the following nature:
  • Content that is defamatory, abusive, porn, violent or promotes violence, racist, hate speech, discriminatory, terrorist related or illegal in any way. And if content is posted that in our opinion is inappropriate, we reserve the right to remove or delete the content from the site. Content or material that infringes the rights of USA Radio or any other parties in any way, any content or data that is considered illegal, breaks any laws, or may lead to the transgression of any legislation or law. Any information or material that may affect the proper functionality of the USA Radio service in any way material or immaterial.
  1. You may not engage in any activity that may be considered criminal or lead any other user to commit a criminal offense.
  2. You may not offer the services of USA Radio to any other party for financial or non-financial gains or for no gains at all.
  3. You may not represent yourself as anyone or any entity other than yourself for any reason.
  4. You may not harass, abuse, threaten, stalk, blackmail, exploit, defame, insult, intimidate or engage in any other behaviour or acts that violates the safety, security, dignity or freedom of any user or someone in the employ of USA Radio.
  5. You may not without another user’s express permission access or attempt to access or even think of accessing their account…. Don’t even dream about it!!
  6. You may not exchange, transfer, sell or giveaway your account without consulting and receiving express permission from USA Radio under any circumstance.
  7. Personal data and or information if personal and private, respect other users information and treat it with the same privacy you expect them to treat your information. You may not steal any information from any user using any method whatsoever.
  8. You may not under any circumstance, in any manner or form attempt to breach the security of another user, third party or USA Radio. It is illegal and you will be prosecuted for it.

You acknowledge and agree to the terms set out above and agree to abide by them, and agree that your account may be terminated without prior notice and legal action may be instituted against you should you breach any of the terms above if it is believed to have been the case.

Your stuff (Content)

You control all content that you post and not USA Radio. We will only play list your music on our live or pre-recorded radio play but all content you post is controlled by you and you are solely responsible for it. You may not post, upload, exchange, transfer, perform, duplicate, distribute, transfer, transmit, store or handle in any way content that you do not have expressed rights to. You have to be the owner and or have full rights to handle and process the content you post from the rightful owner. Should you be found to post, upload, or use any content in any form or manner which you do not have authorization to use or later become unauthorized to, USA Radio may terminate your account and or even assist in anyway as may be required to in civil litigation or prosecution.

By uploading or sending USA Radio your content, you automatically grant USA Radio the license to store, play, make available on the USA Radio platform in line with our service offering and make available for listening by other users. Such license is therefore granted to USA Radio on a limited, worldwide, non-exclusive, royalty-free fully paid basis. You also by uploading your content to the USA Radio website grant the same limited, worldwide, non-exclusive, royalty-free, fully paid up license to other users of USA Radio and any third-party app, or site on which your material or content may be shared or encoded in the rendering of the services of USA Radio to you and other users. This license is to listen, share, post, publicly perform, transmit, display, repost or copy in the use of the service. The terms of use above and below do not in any way give any user permission to use your proprietary information such as trademarks and logos without your permission. All licences are granted per uploaded item and will perpetually continue until you have given USA Radio notice of such revocation of the license for the content used (audio and video), for all other contributions that may not be removed after such termination or notification due to it being incorporated in profiles of other users, the license for such content will be irrevocable and perpetual even after termination of your account.

Disclaimer

USA RADIO, INCLUDING, BUT NOT LIMITED TO, THE WEBSITE, THE APPS, SOCIAL MEDIA AND ANY OTHER CONTENT AND SERVICES ACCESSED THROUGH OR VIA THE WEBSITE, THE APPS, THE SERVICES OR OTHERWISE, ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS AND MISTAKES”.

WHILE USA RADIO TAKES ALL REASONABLE CARE TO VERIFY AND RECTIFY ANY ERRORS OR OMISSIONS IN THE WEBSITE AND OTHER RELATED PLATFORMS AS SOON AS CONVENIENTLY POSSIBLE WHEN WE BECOME AWARE OR THEY HAVE BEEN BROUGHT TO USA RADIO’S ATTENTION, USA RADIO MAKES NO PROMISES, GUARANTEES, REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) REGARDING THE WEBSITE, THE APPS, THE SERVICES OR ANY PART OR PARTS THEREOF, ANY CONTENT, OR ANY LINKED SERVICES OR OTHER EXTERNAL SERVICES. USA RADIO IN NO EXPRESS OR IMPLIED MANNER DOES NOT WARRANT THAT, YOUR CONTENT SUBMITTED TO USA RADIO WILL ACTUALLY BE PLAYED OR ACCEPTED BY USA RADIO, USA RADIO RESERVES THE RIGHT TO PLAY OR NOT PLAY ANY CONTENT SUBMITTED BY ANY USER OR THAT YOUR USE OF THE WEBSITE AND ANY OTHER SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT ERRORS OR PROBLEMS WILL BE RECTIFIED, OR THAT THE WEBSITE OR ANY PART OR PARTS THEREOF, THE CONTENT, OR THE SERVERS ON WHICH THE PLATFORM OPERATES ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. USA RADIO DOES NOT WARRANT THAT ANY TRANSMISSION OF CONTENT UPLOADED TO THE PLATFORM WILL BE SECURE OR THAT ANY ELEMENTS OF THE PLATFORM DESIGNED TO PREVENT UNAUTHORIZED ACCESS, SHARING OR DOWNLOAD OF CONTENT WILL BE EFFECTIVE IN ANY AND ALL CASES, AND DOES NOT WARRANT THAT YOUR USE OF THE PLATFORM IS LAWFUL IN ANY PARTICULAR JURISDICTION.

USA RADIO AND ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNS, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, FURTHR SPECIFICALLY DISCLAIM ALL OF THE FOREGOING WARRANTIES AND ANY OTHER WARRANTIES NOT EXPRESSLY SET OUT HEREIN TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING WITHOUT LIMITATION ANY EXPRESS OR IMPLIED WARRANTIES REGARDING NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

WHERE THE LAW OF ANY JURISDICTION LIMITS OR PROHIBITS THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES AS SET OUT ABOVE, THE ABOVE DISCLAIMERS SHALL NOT APPLY TO THE EXTENT THAT THE LAW OF SUCH JURISDICTION APPLIES TO THIS AGREEMENT.

Limitation of Liability

IN NO EVENT AND UNDER NO CIRCUMSTANCE SHALL USA RADIO’S AGGREGATE LIABILITY TO YOU UNDER THIS AGREEMENT EXCEED THE GREATER OF 1 RAND OR THE AMOUNTS (IF ANY) PAID BY YOU TO USA RADIO DURING THE PREVIOUS TWELVE (12) MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.

USA RADIO AND ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNS, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, SHALL HAVE NO LIABILITY FOR:

  1. ANY LOSS OR DAMAGE ARISING FROM:

(A) YOUR INABILITY TO ACCESS OR USE THE PLATFORM OR ANY PART OR PARTS THEREOF, OR TO ACCESS ANY CONTENT OR ANY EXTERNAL SERVICES VIA THE PLATFORM FOR WHATEVER REASON;

(B) ANY CHANGES THAT USA RADIO MAY MAKE TO THE PLATFORM OR ANY PART THEREOF, OR ANY TEMPORARY OR PERMANENT SUSPENSION OR CESSATION OF ACCESS TO THE PLATFORM OR ANY CONTENT IN OR FROM ANY OR ALL TERRITORIES;

(C) ANY ACTION TAKEN AGAINST YOU BY THIRD PARTY RIGHTSHOLDERS WITH RESPECT TO ANY ALLEGED INFRINGEMENT OF SUCH THIRD PARTY’S RIGHTS RELATING TO YOUR CONTENT OR YOUR USE OF THE PLATFORM, OR ANY ACTION TAKEN AS PART OF AN INVESTIGATION BY USA RADIO OR ANY RELEVANT LAW ENFORCEMENT AUTHORITY REGARDING YOUR USE OF THE PLATFORM;

(D) ANY ERRORS OR OMISSIONS IN THE PLATFORM’S TECHNICAL OPERATION, OR FROM ANY INACCURACY OR DEFECT IN ANY CONTENT OR ANY INFORMATION RELATING TO CONTENT;

(E) YOUR FAILURE TO PROVIDE USA RADIO WITH ACCURATE OR COMPLETE INFORMATION, OR YOUR FAILURE TO KEEP YOUR USERNAME OR PASSWORD SUITABLY CONFIDENTIAL;

(F) ANY MISCONDUCT BY OTHER USERS OR THIRD PARTIES USING THE PLATFORM, ESPECIALLY IN BREACH OF THE AGREEMENT;

  1. ANY LOSS OR DAMAGE TO ANY COMPUTER HARDWARE OR SOFTWARE, ANY LOSS OF DATA (INCLUDING YOUR CONTENT), OR ANY LOSS OR DAMAGE FROM ANY SECURITY BREACH; AND/OR
  2. ANY LOSS OF PROFITS, OR ANY LOSS YOU SUFFER WHICH IS NOT A FORESEEABLE CONSEQUENCE OF USA RADIO BREACHING THESE TERMS OF USE. LOSSES ARE FORESEEABLE WHERE THEY COULD BE CONTEMPLATED BY YOU AND USA RADIO AT THE TIME YOU AGREE TO THESE TERMS OF USE, AND THEREFORE DO NOT INCLUDE ANY INDIRECT LOSSES, SUCH AS LOSS OF OPPORTUNITY.

ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE PLATFORM MUST BE NOTIFIED TO USA RADIO AS SOON AS POSSIBLE.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH CASES, YOU ACKNOWLEDGE AND AGREE THAT SUCH LIMITATIONS AND EXCLUSIONS REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND USA RADIO AND ARE FUNDAMENTAL ELEMENTS OF THE BARGAIN BETWEEN YOU AND USA RADIO, AND THAT USA RADIO’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

NOTHING IN THESE TERMS OF USE LIMITS OR EXCLUDES THE LIABILITY OF USA RADIO, ITS SUBSIDIARIES, SUCCESSORS, ASSIGNS, OR THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND/OR SHAREHOLDERS: (I) FOR ANY DEATH OR PERSONAL INJURY CAUSED BY ITS OR THEIR NEGLIGENCE, (II) FOR ANY FORM OF FRAUD OR DECEIT, (III) FOR ANY DAMAGES CAUSED WILFULLY OR BY GROSS NEGLIGENCE, OR (IV) FOR ANY FORM OF LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED BY LAW.

Indemnification

You hereby agree to indemnify, defend and hold harmless USA Radio, its successors, assigns, affiliates, agents, directors, officers, employees and shareholders from and against any and all claims, obligations, damages, losses, expenses, and costs, including reasonable attorneys’ fees, resulting from:

(i) any violation by you of the Terms of Use;

(ii) any third party claim of infringement of copyright or other intellectual property rights or invasion of privacy arising from the hosting of Your Content on USA Radio, and/or your making available thereof to other users of USA Radio, and/or the actual use of Your Content by other users of USA Radio or Linked Services in accordance with the Terms of Use and the parameters set by you with respect to the distribution and sharing of Your Content;

(iii) any activity related to your account, be it by you or by any other person accessing your account with or without your consent unless such activity was caused by the act or default of USA Radio.

These terms will be updated from time to time.