Thank you for your interest in using the Kbit Network service “KbitPlay”, a brand of Simifran(UK) Ltd. This Terms of Service is a binding contract between (“you, user or your”), an individual, organisation or business user and (“we”, “us” or “our”) Kbit Network the provider. Also in this Terms, “you”, “user”, “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 services 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 listen and view content, broadcast or submit content 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. Users, Broadcasters & Contributors
“Users”, “Broadcasters” and/or “Contributors” means the individuals or entities that use, 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, show or content to Kbit Network.
User, Broadcaster and contributor warrants and undertakes that they have, and shall at all times during them using the service continue to have, all the necessary content rights from all third parties involved in the content delivered for listening or viewing 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.
A broadcaster/contributor should only deliver a show, submit content or a station if they agree with our terms, the station, show or content will be removed without notice if we are contacted by an authorised person or from the specific station. The User, Broadcaster or contributor shall be solely responsible for compliance of all laws applicable to the User, Broadcaster or contributor’s show or 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 User, Broadcaster or 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 User, Broadcaster or 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, show, live broadcast and any other content submitted to this network must comply with these terms, and these stations, shows, live broadcasts and any other content will be connected or uploaded as is. We will additionally check if a station is new or existing and is working according to a scheduled program, approval of most station submissions is within 3 working business days. Either way, the contributor or broadcaster will be notified if their station submission is declined or approved. Slots for recorded or live broadcast are automatically check by the system and are subject to being replaced if found to be irregular in submission. Kbit Network shall provide the Services in anticipation that the station, show, live broadcast and any other submitted content are 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 user, broadcaster, contributor or station owners and/or entity making submissions are responsible for the copyright and other rights applicable to their content or shows for broadcast. Kbit Network or its licensors shall retain ownership of all Intellectual Property Rights in the Kbit Network Services and in any material 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, the entity or the material will be removed from the network without notice once the information can be verified, and the appropriate authorities will receive Kbit Network full cooperation on the entity illegal activity. Kbit Network does not have any control over the shows, content or programming of any live Broadcaster, contributor or station and cannot take responsibility for any illegal show or content delivered by the broadcaster, contributor or station. The Broadcaster/contributor shall retain ownership of all Intellectual Property Rights in the Broadcaster/contributor and station, content and shows. 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 station, live Broadcaster/contributor content and shows. This licence shall include the right of end users to receive and listen to streams of the station, Broadcaster/contributor Content and shows. 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 station, Broadcaster/contributor Content and show.
You the user may update shows, content or a station by using the upload function on the KbitPlay or Network website. The update will be approved subject to our standard confirmation and approval process. If the data change submitted for a station is not approved or wrong according to the Broadcaster/contributor website, or a non working stream is discovered, the update will not be approved and the Broadcaster/contributor may 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 station, Broadcaster/contributor. Kbit Network may at any time and without prior notice to the station, 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 station, Broadcaster/contributor’s access to, receipt of or use of the Services. Kbit Network shall give the station, Broadcaster/contributor written notice of such Operational alterations as soon as reasonably practicable.
If you wish to remove a specific station or cancel your show or content, you can contact us, and we may ask for some proof in relation to ownership of the show, 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 firstname.lastname@example.org
Station, 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, access to, receipt of and use of the Services (including streaming of station, Broadcaster/contributor shows or content to end users). Kbit Network does not warrant that the user, station, Broadcaster and contributor’s use of the Services will be uninterrupted or error-free or that it will meet the station, Broadcaster/contributor’s specific requirements. Kbit Network does not supply or provide access to any hardware or equipment to the station, Broadcaster/contributor, and Kbit Network does not warrant that the Services are or will be interoperable with or capable to working in conjunction with any other software or hardware, for which the station, Broadcaster/contributor takes full responsibility. The Broadcaster/contributor 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 acknowledges that Kbit Network is making available to the Broadcaster/contributor a general service made available to Kbit Network customers generally, and that Kbit Network is not making a bespoke service available specifically for the Broadcaster/contributor’s individual requirements. To the fullest extent permitted by law, and subject to any statutory rights, the Broadcaster/contributor 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.
Kbit Network may terminate or suspend any and all Services allocated to a broadcaster or contributor immediately without prior notice or liability, if broadcaster or contributor breach any of the terms or conditions of these Terms, or Kbit Network deems the broadcaster or contributor to perform below its expected standard . Upon termination of the service, the broadcaster or contributor right to use the Services will immediately cease. If the broadcaster or contributor wish to terminate their Kbit Network service, the broadcaster or contributor may simply discontinue using the Services and email email@example.com. 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. Unfortunately Kbit Network does not assist with music licensing or any other type of licensing. Due to the global nature of our customers, we are unable to offer any licensing advice, as this varies by country.
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, streamed, 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 upload/stream 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/stream 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, streamed, 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/stream or upload to Kbit Network. Kbit Network is not liable to provide, update or collate any statistics on behalf of the broadcaster, contributor or station, and 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/streamed 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.
All broadcasters can generate revenue by default with the kbit network. The network provides 3 ways in which revenue can be generated when it comes to advertising, you the broadcaster does not have to use all, but are welcome to anytime, providing that you adhere to the advertising conditions listed on our website www.kbitplay.com/getpaid and order your required advertising slots from there.
By default, a broadcaster receives 3.572% for any paid adverts (excluding purchased live reads and sponsors) played around their show, however, these are the ways in which a broadcaster can earn:
(a) Default paid by the network
(b) Ads submitted by the broadcaster for a client and invoiced by the network
(c) Ads submitted by the broadcaster for a client and invoiced by the broadcaster at their own price
You the broadcaster cannot deliver any type of advertising when delivering live or recording a show without the purchase of the appropriate ad packs. Going against these terms will result in a fine(see details on website) or the termination of your slot on the network within 30 days of notifying you the broadcaster of such breach. Termination of a slot for advertising breach can ONLY be remedied by the broadcaster paying the amount due when notified by the network. You can get more information on how it all works from the KbitPlay website
You acknowledge that your emailed, uploaded/streamed 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, licenses and consents from all persons and or entities used in your content in order to legally include their name, voice, performance or likeness in your content and to upload, stream, 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, stream 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/streamed to Kbit Network.
Kbit Network reserves the right to remove your content or terminate your service, 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/stream 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 broadcasters/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 and terminate without notice all the content or shows 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.
For all information or if you have questions, you should contact Kbit Network on firstname.lastname@example.org