Terms Of Service
(This TOS also applies to the Independent/Non-Employee DJs and Talk Show Hosts who signup with TheInternetRadioNetwork.com (a separate website of KRS Processing Inc).

Easy English Introduction

PRONETLicensing exists to provide affordable royalty and performance fee licensing services for small to medium-sized Internet Broadcasters. We pledge to serve broadcasters, composers, and artists with uncompromising integrity and value by operating with the highest level of excellence.

We want to serve you and need your business. However, because Copyright, Royalty and Performance Fee Laws come with stringent and complex legal parameters we do offer our licensing service subject to the formal Terms Of Service below. Before you go there, however, here are some important, basic, plain-English operating parameters (and please note these are not our arbitrary rules, these policies are developed to meet the varied requirements of the various licensing entities as well as applicable copyright law):

• You agree to enter your Shoutcast and KH-Icecast stream parameters in our monitoring system so we can pull the needed data for license-entity, mandated reporting. When you make stream changes, you agree to update your stream parameters in our system as necessary to keep the data reporting properly. Additionally, you will only stream using servers compatible with our monitoring system. At this time Shoutcast Version 1 & 2 servers and most configurations of KH-Icecast servers are compatible. Non-KH-Icecast servers are not presently compatible with our monitoring system.
  
• You agree that PRONETLicensing specifically provides service related to United States ASCAP, BMI, SESAC, and SoundExchange, as well as Canada's SOCAN. You are responsible for all obligations related to any other jurisdiction (territorial, governmental or otherwise). Especially if you live in non-United States, or non-Canadian jurisdictions do your own due dilligence before determining that PRONETLicensing provides the coverage required for your jurisdiction.
• You agree to file your previous month's Gross Revenue and Expense report using your PRONETLicensing Online Reporting Form and you agree to file these reports within two weeks of the previous month's end date.
• You agree that failure to file your previous month's Gross Revenue and Expense report by the filing deadline means PRONETLicensing may file your report for you based on the greater of: the previous month's reported numbers or the maximum expense and revenue which your plan allows. To keep fees down for those who do file their reports by the deadline, PRONETLicensing will charge you an additional processing fee which will be the greater of: $5.00 or 20% of the resulting plan's Expense/Revenue license level.
• To be covered under our license your player must launch your PRONETLicensing-monitored stream from one of four ways:
  
  • From our domain (PRONETLicensing.com) using the default player page or radio button we supply;
  • From our domain using the optional custom page you supply;
  • From our (free) optional branded App;
  • Embedding your player or player links on a URL other than our PRONETLicensing.com domain or using an App other than our own PRONETLicensing App removes that specific stream from PRONETLicensing coverage.
  • Additionally, BMI mandates that your parent website (your own website) must close when listeners click on your listen button to open your pages under our copyrighted domain. See F.A.Q. for more more information.
• You must honor the DMCA rules whose specifications apply to all Webcasters and include:
  • In any three-hour period, you should not intentionally program more than three songs (and not more than two songs in a row) from the same recording; you should not intentionally program more than four songs (and not more than three songs in a row) from the same recording artist or anthology/box set.
  • You may not publish any advance program guides or use a chat/discussion function or any other means to pre-announce when a particular song will be played or the order in which songs will be played. DJ "teaser" announcements using artists' names are permitted, but only those that do not specify the time a song will be played.
  • Requests may not be played at a specified time and must not intentionally break the artist and song rotation rules (above). If your service substantially consists of programming from requests, requests must be delayed for at least one hour. For more info see under Item 13 below.
  • Your stream meta-data needs to include artist - title - album info (album info if available). We are required to forward this information to the various agencies so they know which artists and composers to pay and how much to pay them.
  • This license is for non-interactive streaming which means your listeners may not determine in any way when a specific song will be played. Non-interactive streaming specifically means broadcasting an Internet radio stream. You may NOT archive old shows and make them available as podcasts or as shows available on demand. Should you choose to do so, such activity is NOT covered under your PRONETLicensing Affiliation. This is not a rule we made up, it is copyright law.
  • A whole bunch of hairy laws govern and define non-interactive webcasting, if you are repeating archived programs shorter than three hours in length, or playing your music in a predictive manner, or in any other way allow listeners to directly control when a song plays, you need to obtain further information before proceeding.
• The fees we pay the licensing agencies are based on a combination of factors including, but not limited to, your ATH, Sessions, Revenues and Expenses. Thus the fees we charge you are based on the same factors for the month preceding your current bill. Should you fail to pay the fees we charge on your bill, your license affiliation for any period of time beyond payment received will, of necessity, be canceled.
• PRONETLicensing does not accept affiliates who program adult-only material. PRONETLicensing retains the right to reject or cancel an affiliate at our discretion. Should you program explicit programming (programming not generally considered family-safe) your website must so state, and you must check the Explicit checkbox in our Station setup window. Explicit stations will not show in our Family-friendly Station Directory.
• You agree to add your PRONETLicensing Validating Banner (a hot-link banner that validates you as an active PRONETLicensing Affiliate) on your main website page.
• You agree to maintain your servers in a manner that allows us to consistently collect the required data.
• When you run long-form programs (programs like syndicated programs which contain multiple songs in one file) or program in other ways such that the song artist and title info is not showing in your stream metadata, you agree to upload show playlists using the spreadsheet template and uploading system in your PRONETLicensing panel. You agree to upload these playlists within two weeks of the previous month's end date.
• You may enter up to and no more than eight streams and up to and no more than eight stations per license. An additional license may be purchased for additional streams and/or stations beyond each quota per license. Exceptions, if any, will be made on a case by case basis at PRONETLicensing's sole discretion.
• Any illegal activity, or failure to abide by PRONETLicensing Terms Of Service, terminates affiliation immediately.

If you have any questions about any of our terms or procedures or how to properly implement your affiliation with us, or any other aspect of PRONETLicensing affiliation, please contact us and we will gladly help you. And now, here are the formal Terms Of Service our attorney says we must display:


Affiliate Broadcasters' Formal Terms Of Service

1. This webcasting service is exclusively owned and operated under the name PRONETLicensing by PRONETLicensing, a Washington, District of Columbia Company. These terms and conditions apply to all registered users or affiliates of the website, and any violation of these Terms and Conditions may result in being barred from future access to or use of the website or loss of affiliation. PRONETLicensing provides various services for Internet webcasters engaged in the non-interactive digital transmission of musical works and sound recordings including internet reporting and royalty payment services (the "Affiliates") to various performance rights organizations including ASCAP, BMI, SESAC and SoundExchange, as well as any others created in the future. These Terms and Conditions apply, where applicable and delineated, to both Affiliates and Users. Your registration to access and use this website as a listener or affiliate serves as an expression of your understanding of these Terms and Conditions and your agreement to be legally bound by the Terms and Conditions. It creates a personal, revocable, nonexclusive, nontransferable license to use this website, conditional upon your continued compliance with the Terms and Conditions. You represent and warrant to PRONETLicensing that you will not use this website for any purpose that is unlawful or prohibited by these Terms and Conditions. Should you object to any term or condition of this website, your only recourse is to discontinue use of the site.

2. You will be charged a monthly fee based upon agreements in place with ASCAP, BMI, SESAC and, with regard to SoundExchange, the requirements of the Statutory License found in Sections 112 and 114 of the Copyright Act. The fee is based in whole or in part of one or more of the following factors:

• The gross or other revenues of PRONETLicensing and the Affiliate;
• The expenses of PRONETLicensing and the Affiliate;
• The Affiliate's aggregate tuning hours;
• The Affiliate's total number of listeners;
• The total number of songs performed by the Affiliate;
• The total number of performances as defined under the Copyright Act;
• The number of sessions during which listeners attached to the stream, with "sessions" described as any instance in which an individual listener attaches to the stream for 90 seconds or more, (One music session is defined as one listener connected to your stream for 90 seconds or more up to 60 minutes. Any connected time over 60 minutes begins a new session and etc.);
• any other factors which may come into existence in the future.

3. Your monthly service fee is specifically calculated based on a formula that will be separately presented to you and requires that you submit certain information on a regular basis. The service fee may change over time, based on changes to the various agreements or the Copyright Act. These changes may occur with or without notice to the Affiliate.

4. The Affiliate shall provide all required information relating to revenues, expenses, aggregate tuning hours, total number of listeners, total number of songs, total number of performances, total number of sessions or any other required information within three (3) calendar days of the completion of each month. PRONETLicensing reserves the right to carry forward any data from the most recent month when the Affiliate does not provide required data in a given month, with certain penalties applicable. (Normally this information (except for your Revenue and Expense Report) is automatically pulled into our system from your stream server as indicated in the paragraph below. You must upload a spreadsheet with the music play list for all syndicated or other programming which does not automatically forward the song data to PRONETLicensing.)

All data must be maintained for four years. You are required by law to maintain your revenue and expense data for four years and make it available to us should one of the licensing entities require an audit.

The Affiliate will also provide to PRONETLicensing or PRONETLicensing will be allowed to automatically collect, information relating to the Affiliate's webcasting operations, including through the monitoring of webcasting operations, to allow PRONETLicensing to file required Playlist Reports of Use or other required reports to SoundExchange, ASCAP, BMI, SESAC or other performing rights organizations. Syndicated shows which do not automatically provide required song data in the stream metadata require you to upload your music playlist for those shows as well as the date and begin/end time the show aired.

The Affiliate is required to pay any difference between the payments incurred according to the agreed upon format the amounts paid by PRONETLicensing on the Affiliate's behalf within ten business days of the end of a given month in which the difference exists.

5. The Affiliate's player or stream-launching URL will exist only via PRONETLicensing's website or other mobile applications. This requirement is subject to change at any time.

6. Except as outlined in 6a-b, the Affiliate does not have any authorization to itself link to the PRONETLicensing webcasting services or charge any fee for access transmission of or access to the webcasting services. The following links are required or encouraged (any other use of our PRONETLicensing logo or other linkage is prohibited without prior written consent):

a. Once you are operating in compliance with the copyright law and the other parameters required by our agreements with the PRO's you must place our hot-linked Validating Banner on your website.
b. You are welcome to use our supplied affiliate banners to link to our website for the sole purpose of encouraging other webcasters to license through us. At times we may offer you promotional discounts based on active referrals you send us.

7. Affiliate represents that it:

• Has the ability, right and power to enter into these Terms of Use
• Has obtained any and all consents from third parties necessary to enter into these Terms of Use;
• Has made only true and factual assertions in agreeing to these Terms of Use;
• Will not disclose any processes or procedures which will damage any individual or personal or corporate property;
• Will only display or perform content appropriate for minors. PRONETLicensing does not accept adult-only programming and retains the right to reject or cancel affiliation at our discretion;
• Has the authority or permission, via license or otherwise, to use, store, perform, distribute, transmit this content via the Internet;
• Is not currently in litigation or threatened with litigation of any type which would threaten its ability to distribute, transmit or perform its content;
• Has made only true claims with regard to its goods and services in accordance with applicable government laws and regulations, and the Affiliate shall not perform any act (or fail to perform any act) in violation of any government law, statute, or regulation;
• Has read and understood the content of this Agreement, and;
• User shall at all times comply with the provisions of applicable laws, rules and regulations and with PRONETLicensing's policies, including without limitation PRONETLicensing's Terms of Use and Privacy Policy as such may be adopted and/or amended from time to time.
• Maintain your servers in a manner that allows us to consistently collect the required data.

8. Affiliate shall indemnify, hold harmless, and defend PRONETLicensing and the officers, directors, employees, partners, principals, agents and representatives of PRONETLicensing from, against and in respect of any and all demands, claims, actions, causes of action, liabilities, losses and expenses, including reasonable attorneys' fees arising out of or relating to any breach by Affiliate of any covenant, representation or warranty made by Affiliate in this Agreement, including without limitation, any claims that Affiliate's programming violates the intellectual property rights of any third parties.

9. PRONETLicensing in its sole discretion, shall determine Affiliate's compliance with the foregoing Agreement. PRONETLicensing reserves the right to terminate this Agreement with or without reason or prior notice (except as otherwise specifically provided for herein) and to take whatever action it deems necessary to limit potential liability upon itself and to cooperate with any pending legal investigation. Without limiting the foregoing, PRONETLicensing may terminate Affiliate's use of the Services or access to the Site immediately and without notice if:

(a) Affiliate breaches these Terms of Use;
(b) Affiliate infringes the intellectual property rights of a third party in connection with the Services;
(c) PRONETLicensing is unable to verify or authenticate any information User provides to it, or
(d) Any material uploaded or transmitted by PRONETLicensing to the Site violates any applicable laws or rights of any third party.

10. Your access to PRONETLicensing or status as an affiliate is conditioned on your registration with the site using a unique username and password. You may be asked, from time to time, to update and/or verify your registration information. You agree that you are solely responsible for the security of this information, including your passwords, and that you will use your best efforts to prevent access to your password by any unauthorized persons. You further agree that PRONETLicensing has the power to cancel your registration or affiliation at any time.

11. The written and visual contents of this website, including all copyrightable materials, whether identified as such or not, trademarks and service marks, logos and designs are the property of PRONETLicensing copyright 2016, unless stated otherwise, with the sole exception being the copyrighted musical works and sound recordings that are performed by you and other Affiliates for ephemeral storage and non-interactive digital transmission.

The intellectual property owned by PRONETLicensing may be accessed, printed, downloaded and distributed for personal use only. It is not to be copied, reprinted, repurposed, redistributed, removed or republished in any manner for any purpose whatsoever. Under no circumstances may the content on this Site be reproduced in principal part, mirrored, catalogued, framed, displayed simultaneously with another site or otherwise republished in its entirety or in principal part without the express written consent of PRONETLicensing and only then will such reproduction, mirroring, cataloguing, framing, display republication be permitted if it contains the PRONETLicensing copyright notice. All rights not expressly granted herein are reserved.

12. Although PRONETLicensing does not claim ownership of any content posted to the site, you automatically grant PRONETLicensing an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute posted content other than musical works and sound recordings (which cannot be granted by the Affiliate but will be performed pursuant to all relevant statutory licenses or direct licenses obtained from the individual copyright holders) and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses thereof. Furthermore, by posting content to the site, you automatically grant PRONETLicensing all rights necessary to itself engage in and prohibit by others any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.

13. We reserve the right to -- and in fact will actively -- monitor the material placed on this site and to remove any posting of content, music or otherwise, that we deem illegal, infringing, or inappropriate. You represent that your contribution is in the public domain or original to you, or otherwise does not infringe the intellectual property, contractual or proprietary rights of any third parties, and is not otherwise defamatory or violative of the law. We have very specific rules relating to the music that is performed, all of which derive from the requirements of the statutory licenses applicable to the digital transmission of sound recordings found in Sections 112 and 114 of Title 17 of the United States Code (commonly referred to as the "Copyright Act") and any implementing federal regulations, decisions of federal agencies or federal or state courts. In furtherance of this policy, you agree that you will not engage in the following practices that we believe constitute violations of sections of the Copyright Act designed to prevent music piracy, including but not limited to those prohibitions against operating an interactive service and the preannouncing of songs. Specifically, the following non-exhaustive list of activities is prohibited:

• Doing anything which might allow recipients to automatically scan the transmissions and creating pirated CDs.
• Perform anything other than a sound recording sound recordings that is authorized for performance in the United States -- in other words: NO BOOTLEGS OR OTHERWISE PIRATED COPIES OF SONGS.
• You will pass through (and not disable or remove) identification or technological protection information included in the sound recording (if any exists).
• Publishing any advance program guides or using a chat/discussion function or any other means to pre-announce when a particular sound recording (songs) will be played or the order in which songs will be played.
• Intentionally performing or causing to perform more than three songs (and not more than two songs in a row) from the same recording or compact disc within a three hour period.
• Intentionally performing or causing to perform more than four songs (and not more than three songs in a row) from the same recording artist or anthology/box set.
• Requests may not be played at a specified time and must not intentionally break the artist and song rotation rules (above).
  "The ability of individuals to request that particular sound recordings be performed for reception by the public at large, or in the case of a subscription service, by all subscribers of the service,does not make a service interactive, if the programming on each channel of the service does not substantially consist of sound recordings that are performed within 1 hour of the request or at a time designated by either the transmitting entity or the individual making such request" -17 U.S.C. . 114(j)(7) (2006).
• Transmitting visual images contemporaneously with the transmission of the sound recording in a manner that deceives the listener into believing there is some connection between the artist and the station.

Again, these activities are specifically prohibited. As PRONETLicensing is committed to a policy that provides for the termination of access to the Site to affiliates who are found to be repeat infringers or who otherwise violate the policies governing use of the Site, violations of this provision is grounds for immediate termination of your account and permission to participate as an affiliate of PRONETLicensing.

14. Our monitoring activity goes beyond ensuring compliance with Sections 112 and 114 of the Copyright Act. Therefore, your further agree to refrain from posting content:

• That advocates or encourages illegal activity;
• That impersonates any person or entity or acts on behalf of another person or entity without authorization, including, but not limited to, a PRONETLicensing employee or falsely states or otherwise misrepresents your affiliation with a person or entity;
• That includes personal or identifying information about another person without that person's explicit consent;
• That is false, deceptive, misleading, deceitful, misinformative, fraudulent, relates to hate-groups or other racist activities, or constitutes "bait and switch";
• That constitutes or contains any form of junk mail, spam, chain letter, pyramid scheme or other unsolicited or illegal commercial advertisement;
• That advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law, including without limitation items the sale of which is prohibited by law;
• That employs any tool to disguise the origin of content, including false or misleading E-mail addresses.

15. You agree not to contact anyone who does not wish to be contacted or collect personal data about other users for commercial or unlawful purposes, though any means, including automated means such as spiders or crawlers; or to attempt to gain unauthorized access to PRONETLicensing's systems or engage in any activity that will disrupt this website or its computer systems.

16. You agree not to take any action to circumvent or attempt to circumvent the security of this site or gain unauthorized access to the site. Prohibited actions include, but are not limited to:

• Logging in or attempting to log in to an account with a user name or password that is not assigned to you or impersonating a registered affiliate in an attempt to gain access to private information about the site or another affiliate.
• Posting any content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, including taking any action that imposes and unreasonable burden on the website's infrastructure.
• Testing the site and its security measures in an attempt to identify or circumvent the system and its vulnerabilities.
• Modify, reverse engineer, disassemble, decompile or otherwise reveal and/or distribute the site's underlying computer code. Any attempt to engage in any of the above-listed actions or other actions to circumvent or attempt to circumvent the security of this site or gain unauthorized access to the site will result in PRONETLicensing investigating your actions, removing your authorization to access the site and use the services provided, removal of your affiliate status, and, potentially, referring you to law enforcement authorities for criminal prosecution.
  
  

17. We provide the following information in compliance with the Digital Millennium Copyright Act: POLICY RELATING TO COPYRIGHT INFRINGEMENT AND IDENTIFICATION OF DESIGNATED AGENT FOR PURPOSES OF SECTION 512 OF THE DIGITAL MILLENNIUM COPYRIGHT ACT.

If you have reason to believe that material in which you (or any person or entity for which you are an authorized agent) hold the copyright has been posted in the user comment sections of the Site without Appropriate authorization, please contact PRONETLicensing's Designated Agent to Receive Notification of Claimed Infringement:

Kathy Allen
KRS Processing Inc/PRONETLicensing
PO Box 2488
Washington, DC 20013-2488
Phone: 202.436.9762
legal@PRONETLicensing.com

Please provide our Agent with the following Notice:

a) Identify the material on the site that you claim is infringing, with enough detail so that we may locate it on the website;
b) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
c) A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
d) Your address, telephone number, and email address; and
e) Your physical or electronic signature.

PRONETLicensing fully complies with the notice and take-down provisions of Sections 512(c) and (g) of the United States Copyright Act. We also enforce a policy that provides for the termination of access to the Site to contributors who are found to be repeat infringers or who otherwise violate the policies governing use of the Site.

18. While PRONETLicensing respects the privacy of all affiliates, any communication, information or other material transmitted, uploaded or posted to the Site, other than personally identifiable information about Affiliate, is, and will be treated as, non-confidential and non-proprietary. Affiliate hereby grants to PRONETLicensing a non-exclusive, worldwide, perpetual fully paid-up license to use any such communication, information or material for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, distribution, advertising, marketing, promotion, research, broadcast, display, modification, syndication, licensing and posting. PRONETLicensing's use of personally identifiable information, including the use of tracking and oversight methods such as "cookies", is governed by the terms of PRONETLicensing's Privacy Policy, as adopted and/or amended from time to time. Because PRONETLicensing's Privacy Policy may change from time to time, Affiliate should also review it regularly for updates.

19. You use this website solely at your own risk and subject to all applicable local, state, national, and international laws and regulations. While PRONETLicensing has endeavored to create a secure and reliable website, please be advised that the confidentiality of any communication or material transmitted to/from this website over the Internet cannot be guaranteed.

You agree that PRONETLicensing has no control and is not responsible for the content made available by third parties and that by using this website you may be exposed to content that is offensive, indecent, misleading inaccurate or otherwise to your objection. You acknowledge that PRONETLicensing does not pre-screen or approve Content, but further acknowledge that PRONETLicensing has the sole discretionary right to refuse, delete or otherwise edit any content for violation of these Terms and Conditions. Any interactions you have with other organizational or individual users or affiliates of the site of any type are solely between you and such other users. You cannot rely on PRONETLicensing to perform due diligence review or otherwise pre-screen all users, affiliates and associated services and therefore, you are responsible for your own investigations or research before proceeding with any interactions or transactions with such users, affiliates or associated services.

If there is a dispute between users or affiliates of this site or between users and/or affiliates and any third parties, you understand and agree that PRONETLicensing is under no obligation to become involved and you agree to release PRONETLicensing its officers, employees, agents and successors in rights from claims, demands and damages of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes.

20. Accordingly, you agree that PRONETLicensing is not responsible for the security of any information transmitted via the Internet, the accuracy of the information contained on the website, or for the consequences of any reliance on such information. PRONETLicensing shall have no liability for interruptions or omissions in Internet, network or hosting services.

You assume the sole and complete risk of using this website and further agree that you bear the responsibility to evaluate and assume all risks associated with the use of this content, that you will not rely on the content and that you will not hold PRONETLicensing liable in any way for your possible reliance on the content or for any loss or damage you incur as a result of any use of this content.

21. Some content posted by other users or affiliates may contain links to other sites on the World Wide Web for your convenience in locating related information and content. These sites have not necessarily been reviewed by PRONETLicensing and are maintained by third parties over which PRONETLicensing exercises no control. PRONETLicensing expressly disclaims any responsibility for the content, the accuracy of the information, and/or quality of products or services provided by or advertised on these third-party web sites.

22. You expressly absolve and release PRONETLicensing from any claim of harm resulting from a cause beyond its control including, but not limited to, the failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses or software failures, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, terrorism or governmental restrictions.

23. THIS WEBSITE AND ALL OF ITS CONTENT ARE PROVIDED ON AN "AS IS" BASIS AND ARE MADE AVAILABLE WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND. PRONETLicensing MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, TO YOU OR ANY OTHER PERSON OR ENTITY AS TO THE ACCURACY, RESULTS, TIMELINESS, COMPLETENESS, MERCHANTABILITY AND/OR FITNESS FOR ANY PARTICULAR PURPOSE WITH RESPECT TO THE WEBSITE OR ANY OF ITS CONTENT. FURTHER, THE INFORMATION AVAILABLE ON THIS WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. PRONETLicensing MAY MAKE MODIFICATIONS AND/OR CHANGES IN THIS SITE OR IN ITS CONTENT AT ANY TIME, FOR ANY REASON. YOU ASSUME THE SOLE RISK OF MAKING USE OF THIS WEBSITE AND THE CONTENT PROVIDED HEREIN. UNDER NO CIRCUMSTANCES WILL PRONETLicensing BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THIS WEBSITE OR THE CONTENT PROVIDED HEREIN, INCLUDING, BUT NOT LIMITED TO, COMPENSATION, REIMBURSEMENT OR DAMAGES ON ACCOUNT OF THE LOSS OF PRESENT OR PROSPECTIVE PROFITS, EXPENDITURES, INVESTMENTS OR COMMITMENTS, WHETHER MADE IN THE ESTABLISHMENT, DEVELOPMENT OR MAINTENANCE OF BUSINESS REPUTATION OR GOODWILL, FOR LOSS OF DATA, COST OF SUBSTITUTE MATERIALS, PRODUCTS, SERVICES OR INFORMATION, COST OF CAPITAL, AND THE CLAIMS OF ANY THIRD PARTY, OR FOR ANY OTHER REASON WHATSOEVER, EVEN IF PRONETLicensing HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. TO THE EXTENT PERMITTED BY LAW, PRONETLicensing DISCLAIMS LIABILITY FOR ANY DIRECT DAMAGES BASED ON YOUR USE OF THE WEBSITE AND ITS CONTENT. IN ANY EVENT, THE AGGREGATE LIABILITY OF PRONETLicensing FOR ANY REASON WHATSOEVER RELATED TO USE OF THIS WEBSITE AND ITS CONTENT SHALL NOT EXCEED $50.00.

24. You agree that you will inform PRONETLicensing immediately upon receipt of notice from any third party alleging that the Site or content: (i) infringes any third party copyright, trademark, trade secret or any publicity, privacy or patent right or other similar personal or proprietary rights; and/or (ii) is in breach of any of the terms of this Agreement. You further agree to indemnify and hold harmless PRONETLicensing its affiliates, and all of their officers, directors, employees, legal representatives, agents, successors and assigns, from and against any damages, liabilities, costs and expenses (including reasonable attorneys. and professionals. fees and court costs) arising out of any third-party claims based on or related to your use of this website or any breach by you of these Terms and Conditions.

25. The above Terms and Conditions shall be governed by the laws of the District of Columbia, without regard to conflicts of law rules, and the exclusive jurisdiction and venue for any dispute shall be in the District of Columbia, Washington DC.

26. PRONETLicensing reserves the right at any time and for any reason to deny you access to the website or any portion thereof, and to terminate this Agreement. Termination will be effective without notice. Please note that PRONETLicensing reserves the right to change the Terms and Conditions under which this website is made available to you, upon notice, which may be given by PRONETLicensing posting such modifications on the website, by e-mail, or any other reasonable way. Your continued use of this website following notice of such modifications will be conclusively deemed acceptance of any changes to these Terms and Conditions. You agree that notice of changes to this Agreement on the website, delivered by email, or provided in any other reasonable way, constitute reasonable and sufficient notice.

27. In no event shall Affiliate be entitled to injunctive or other equitable relief based on any act or omission of PRONETLicensing, or any breach of these Terms and Conditions by PRONETLicensing. Failure to insist on strict performance of any of the Terms and Conditions will not operate as a waiver of any subsequent default or failure of performance. No waiver by PRONETLicensing of any right under these Terms and Conditions will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.

28. No joint venture, partnership, employment, or agency relationship exists between you and PRONETLicensing as a result of this Agreement or your use of this website. If any provision of this Agreement is held unenforceable by a court or tribunal of competent jurisdiction, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect.

29. You may enter up to and no more than eight streams and up to and no more than eight stations per license. If you fill up your quota of streams and/or stations you may take out an additional license to cover further stations and/or streams. Exceptions, if any will be made on a case by case basis at PRONETLicensing's sole discretion.

30. Our agreement with ASCAP states, among many other points: "Licensee should use, and ensure that Broadcast Affiliates use, good faith efforts to ensure that industry standard systems are used to verify that consumer end users accessing the ASCAP Repertory through the Licensed Service as expressly provided for herein are in fact located within the Territory, or within a country/territory administered by a PRO with which Licensee and/or a Broadcast Affiliate has a valid license agreement covering the public performance of the ASCAP Repertory via the Licensed Service."