General terms of use

Background

Terms for broadcast and general use

Contributor/user general terms

Thank you for your interest in using the Kbit Network service, a division of Simifran(UK) Ltd. This Terms of Service is a binding contract between (“you or your”), an individual, organisation or business user and Kbit Network (“we”, “us” or “our”) the provider.

In this Terms, “you”, “broadcaster” or “contributor” means the individual or entity using the Services (and/or any individual, entity or successor entity, agency or network acting on your behalf), “we,” “us” or “our” means Kbit Network, and “kbitplay/kbittv” means the service being used or submitted to, and the “parties” means you and Kbit Network.

1. The Service

Kbit Network provides a platform where anyone can listen to or deliver audio or video via its online products Kbitplay and KbitTV thereafter referred to as “the service”

The service is licensed, not sold to you, therefore, you may use the Service only as set forth in this terms. It governs your use of the website located at https://www.kbitplay.com and any other online properties owned or controlled by or on behalf of Kbit Network including any other applications that Kbit Network makes available for use on mobile phones, tablets, set-top boxes and other consumer electronic or computer devices, whether directly, through third parties or on a pre-installed basis.

By accessing or using the Service you agree to be bound by these Terms. By using the Service to broadcast or submit a station means you agree fully to these terms. If you disagree with any part of the terms then you may not access or use the Service. Should any conflict arise, whatever the extent of such conflict is, this Terms will take precedence over any other terms of Agreement.
The Kbit Network website including any other applications or websites that Kbit Network makes available for use online, contains many links to other third-party sites, including our sponsors. We do not endorse the content nor the companies who provide such content via these links.
2. Broadcasters & Contributors
“Broadcasters” and/or “Contributors” means the individuals or entities that deliver, submit shows, or are connected, owns, or are acting on behalf of a station or network, or have the right to submit a station or content to Kbit Network.

Broadcaster and contributor warrants and undertakes that it has, and shall at all times during the service term continue to have, all the necessary content rights from all third parties involved, to provide their content on the Kbit Network Services, this will include all necessary rights to communicate to the public, make available, broadcast and publicly perform musical compositions and sound recordings on any Kbit Network website from all applicable rights owners, collecting societies, performing rights’ organisations or any other third party administering such rights.
3. Submissions
A broadcaster/contributor should only deliver, submit content or a station if they agree with our terms, the station or content will be removed without notice if we are contacted by an authorised person or from the specific station. The Broadcaster/contributor shall be solely responsible for compliance of all laws applicable to the Broadcaster/contributor’s Content and its access via Kbit Network Services, and shall further be solely responsible for compliance with all published policies, guidelines or industry codes of practice applicable to the broadcast of the content. The Broadcaster/contributor shall accept sole responsibility for the following matters: supervision of their authorised station Users or show contributors, and ensuring compliance by each of them with the Kbit Network Services Terms; the delivery, uploading and maintenance of the Broadcaster/contributor Content and its security and integrity; the taking of back-ups and the safety and integrity of all back-ups of the Broadcaster/contributor Content.

Each station or show submitted will go through a specific check, we will verify if the station is new or existing and is working according to a scheduled program. Approval is within 3 working business days. Either way, the contributor or broadcaster will be notified if the status is a decline or approval. Kbit Network shall provide the Services in accordance with any laws applicable in the United Kingdom to the extent that they are general in nature or apply to the supply of services that are the same as or similar to Kbit Network Services.
4. Rights and copyrights
The broadcaster, contributor or station’s owner and/or entity are responsible for the copyright and other rights applicable to their content for broadcast. Kbit Network or its licensors shall retain ownership of all Intellectual Property Rights in the Kbit Network Services and in any materials created by Kbit Network in the course of providing the Services, whether those materials are provided to the Broadcaster/contributor or not. Should Kbit Network receive information about a broadcaster, contributor or station breaking the rules and are operating outside the laws on copyright and other related laws in any related country or where it is legally based, they will be removed without notice once the information can be verified and the entity reported to the appropriate authorities for illegal activity. Kbit Network does not have any control over the content or programming of any Broadcaster/contributor or station and can’t take responsibility for any illegal content delivered by the broadcaster, contributor or station. The Broadcaster/contributor shall retain ownership of all Intellectual Property Rights in the Broadcaster/contributor Content. Subject to this terms and conditions, Broadcaster/contributor hereby grants Kbit Network a worldwide non-exclusive fee-free licence to transmit and re-transmit the Broadcaster/contributor Content. This licence shall include the right of end users to receive and play streams of the Broadcaster/contributor Content. The Broadcaster hereby grants Kbit Network a worldwide non-exclusive fee-free licence to reproduce on the Website any trade marks used by the Broadcaster/contributor in respect of the Broadcaster/contributor Content.
5. Marketing
No agency, partnership, joint venture, or employment is created as a result of the Terms of Use and you do not have any authority of any kind to bind Kbit Network in any respect whatsoever. Kbit Network will advertise the Service as it sees fit, and all stations, broadcasters and contributors that exist on the Kbit Network Service will become part of the advertisement. When you submit your content or a station you agree on that we have the right to advertise the content or Station with the Kbit Network Service. Kbit Network graphics, logos, designs, page headers, button icons, scripts, and service names are trade dress of Kbit Network in the U.K. and/or other countries. Kbit Network’s trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion.
6. Updates
You may update content or a station by using the update function on the Kbit Network website page. The update will be approved subject to our standard confirmation and approval process. If the data changed for the station is not approved or wrong according to the Broadcaster/contributor website, or a non working stream is discovered, it will not be approved and you will not be notified. Kbit Network may by notice in writing make any changes to the Services which are necessary to comply with any law applicable anywhere in the United Kingdom or with any published policies, guidelines or codes of practice not having the force of law but which represent good practice. Kbit Network may at any time change the Services Conditions or any part of them where this is desirable in Kbit Network’s sole discretion to comply with good practice and shall provide as much notice as reasonably practicable to the Broadcaster/contributor. Kbit Network may at any time and without prior notice to the Broadcaster/contributor implement any Operational Change provided that neither the work of implementing the Operational Change nor the consequences of the Operational Change will have a directly adverse effect on the Broadcaster/contributor’s access to, receipt of or use of the Services. Kbit Network shall give the Broadcaster written notice of such Operational alterations as soon as reasonably practicable.
7. Removal
If you wish to remove a specific station or cancel your content, you can contact us, and we may ask for some proof in relation to ownership of the content or a station, after which removal will be within 4 business days. If you are a paying customer, you may cancel your order for the Services within 14 days after the day we email you to confirm your acceptance. If you cancel after we have started providing the Services, you must pay us for the services provided up until the time you tell us that you have changed your mind. If you wish to cancel your order in this way, please email us at cancel@KbitNetwork.uk
8. Warranties
Broadcaster/contributor and Kbit Network warrants to each other that it has full power and authority to enter into and perform its obligations under this Terms. Kbit Network warrants to the Broadcaster, contributor or station that: it has the right, power and authority to grant the station, Broadcaster or contributor the rights set out in this Terms and provide the Services.

Kbit Network will provide the Services using reasonable care and skill, and the access to, receipt of and use of the Services (including streaming of Broadcaster/contributor or station’s Content to end users). Kbit Network does not warrant that the Broadcaster/contributor’s or station use of the Services will be uninterrupted or error-free or that it will meet the Broadcaster/contributor’s or station’s specific requirements. Kbit Network does not warrant that the Services are or will be interoperable with or capable of working in conjunction with any other software or hardware, for which the Broadcaster/contributor or station takes full responsibility. The Broadcaster/contributor or station warrants and represents to Kbit Network that it will not infringe the Intellectual Property Rights of any third party, and it has done such reasonable due diligence of the Services prior to the Commencement Date and takes sole responsibility for their suitability for its own intended purposes. The Broadcaster/contributor or station acknowledges that Kbit Network is making available to it a general service made available to its customers generally, and that it is not making a bespoke service available specifically for the Broadcaster/contributor’s or station’s individual requirements. To the fullest extent permitted by law, and subject to any statutory rights the Broadcaster/contributor or station may have as a consumer, no representation, warranty, assurance or undertaking (express or implied) is or will be made in respect of the Services. THE SERVICE, AND SITE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
9. Termination
KbitNetwork may terminate or suspend any and all Services allocated to you or your station immediately, without prior notice or liability, if you breach any of the terms or conditions of these Terms. Upon termination of your service, your right to use the Services will immediately cease. If you wish to terminate your Kbit Network service, you may simply discontinue using the Services and email cancel@Kbitnetwork.uk. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
10. Broadcaster/Contributor or Station
By uploading, broadcasting, delivering or submitting any content to Kbit Network services means you are the creator or owner of that content or that you have the permission to upload or deliver the content from all rights holders.
By submitting your Content using this Service, or sent via email, you hereby grant to Kbit Network (and Kbit Network’s assignees, designates, successors, licensees, and sub-licensees) an unrestricted, perpetual, assignable, sub-licensable, revocable, royalty-free, fully paid-up license throughout the world to Use all your Content you have submitted to or through our network, through any media and formats now known or hereafter developed, in connection with Kbit Network or our business. Any reported disagreement of this policy will be cause for your content to be deleted immediately from our service.
We provide the Service to you as a user or contributor on an “as is” basis without warranties of any kind and Kbit Network’s liability to you is limited, the use of the Service may be subject to a separate third party terms of service and fees, including, without limitation, your mobile network operator’s terms of service and fees, including fees charged for data usage and overage, which are your sole responsibility. Disputes arising between you and Kbit Network will be resolved by binding arbitration. By accepting this Terms, as provided, you and Kbit Network are each waiving the right to a trial by jury or to participate in a class action.
11. Your Content
A. You agree you will not deliver, broadcast or upload any content that could damage Kbit Network or submit, deliver, broadcast or upload any content that is illegal, threatening, defamatory, offensive, pornographic, libellous, racially or ethnically offensive, slanderous, harassing, indecent, vulgar, damaging, or is otherwise inappropriate.
B. You agree to not mimic another person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.
C. By uploading, sending or delivering content to Kbit Network you grant Kbit Network, non-exclusive, royalty-free, irreversible, transferable license, throughout the world, to use, reproduce and distribute your content.
D. You are exclusively accountable for your content delivered via email, url or uploaded and the consequences of posting, publishing or making them available via Kbit Network.
E. You affirm, represent, and/or warrant that you possess, or have the necessary licenses, rights and permissions to use your url, content or uploads to enable inclusion and use on Kbit Network services. You agree your content won’t violate, infringe, or misuse any third-party right, as well as not being restricted by any trademark, copyright patent, trade right of promotion, or violate any applicable law or regulation.
F. Any content you upload, email or deliver via url for use on Kbit Network is owned and controlled by you, not by Kbit Network. You have the sole responsibility for all of your content uploaded, emailed or delivered to Kbit Network.
G. Kbit Network is not responsible for deletion of your content on third party websites by way of your content being embedded with the Kbit Network media player on third party sites.
12. Liability of Content
You acknowledge that your Content does not and will not create any liability on the part of Kbit Network, its successors, and their employees, representatives, executives or officers. You hereby acknowledge and agree that Kbit Network only acts as hosts to your content and other information at the direct authorization of our users. Kbit Network acts merely as a platform to distribute and promote the content. You are exclusively accountable for all of Your Content that you deliver via email, url or upload to Kbit Network. Kbit Network is excluded from all liability with respect to all the content and the activities of its broadcasters, contributors and stations.
Kbit Network and its successors, employees, agents, directors and officers are hereby excluded as permitted by law, from all liability that may arise from any content delivered via email, url or uploaded to the platform by our broadcasters, contributors and stations, including, but not limited to, claims for infringement, of rights of privacy or publicity rights ,intellectual property rights, claims concerning to publication of pornographic, defamatory, obscene or offensive material, or any assertions concerning to the accuracy, completeness, or trustworthiness of any information provided by broadcasters, contributors and stations on the Kbit Network services. By using Kbit Network, you permanently remove the right to affirm any claim with respect to any of the foregoing against Kbit Network, its employees, successors, representatives, directors or officers.
13. Copyrights
You acknowledge that your emailed, uploaded or delivered content to Kbit Network will not violate the rights of any third party, including, any performer’s rights, intellectual property rights or rights of privacy.
You certify that you have acquired all the required permissions and consents from all persons in your content in order to legally include their name, voice, performance or likeness in your content and to upload, email or deliver the same to Kbit Network.
You agree that your content and each and every part thereof is an original work by you, otherwise you’ve obtained all rights reserved, consents, licenses and or permissions necessary in order to use, email or upload on Kbit Network. You also confirm that you have the rights to use, upload, transmit, distribute, reproduce, share and publicly display all content delivered or uploaded to Kbit Network.
Kbit Network reserves the right to remove your content if your submission has violated a copyright or any section of these terms.

The best approach to evade copyright infringement is to ensure that you do not deliver, upload or share anything created by someone else without their permission.
For information on copyright laws across the globe, visit the World Intellectual Property Office, site: http://www.wipo.int/wipolex/en/
Kbit Network abides by the intellectual property rights of others and expects its contributors to act in the same manner. In agreement with the Digital Millennium Copyright Act, which can be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf
Kbit Network will answer to clear notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. We will delete without notice all the content of those determined by us to be repeat infringers. You agree to comply with all of the conditions above and agree that Kbit Network has the right, in its sole discretion, to delete your content or take such further action as we see fit if you breach the above conditions or any other terms associated on this website and the Kbit Network.9

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