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