Effective Date: January 1, 2008
Updated date: January 1, 2018
By placing any order with The Streaming Center referenced as The Streaming Center, you confirm that you are in agreement with and bound by the terms and conditions below. These terms are both proactive and retroactive.
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE.
Access to and use of this site are subject to the following terms and conditions and all applicable laws. Please review these terms and conditions on a periodic basis, as they are subject to modification, alteration, or update at any time and at the sole discretion of THE STREAMING CENTER. If you do not agree to any term or condition, you should not use this site.
- COPYRIGHT NOTICE.
This World Wide Web site and all of its content, including but not limited to the text and images used herein and their arrangement, is copyright ©2008 – 2019 THE STREAMING CENTER LLC.
- TRADEMARKS NOTICE.
THE STREAMING CENTER LLC, THE STREAMING CENTER llc, THE STREAMING CENTER and all other THE STREAMING CENTER names, businesses, and products referenced herein are trademarks or registered trademarks. All other products and company names referenced herein, if any, may be the trademarks of their respective owners. THE STREAMING CENTER does not authorize the use of any trade name, trademark, registered trademark, logo, or any copyrighted material referenced herein for any purpose whatsoever, including non-commercial applications.
III. RESTRICTIONS ON USE.
In consideration of being allowed to use the Website, you agree that the following actions shall constitute a material breach:
Collecting information about the Website or users of the Website without our written consent;
Modifying, framing, rendering (or re-rendering), mirroring, truncating, injecting, filtering or changing any content or information contained in the Website, without our written consent.
Using any deep-link, page-scrape, robot, crawl, index, spider, click spam, macro programs, Internet agent, or other automatic device, program, algorithm or methodology which does the same things, to use, access, copy, acquire information, generate impressions or clicks, input information, store information, search, generate searches, or monitor the Website or any portion thereof;
Accessing or using the site for commercial or competitive purposes;
Disguising the origin of information transmitted to, from, or through the Website.
Impersonating another person;
Distributing viruses or other harmful computer code;
Allowing any other person or entity to impersonate you to access or use the Website;
Using the Website for any purpose in violation of local, state, national, international laws
Using the Website in a way that is intended to harm, or a reasonable person would understand would likely result in harm, to the user or others
- THIRD PARTY SITES.
There are certain risks in using any information, software, or products found on the Internet; and THE STREAMING CENTER cautions you to make certain that you completely understand these risks before retrieving, using, relying upon, or purchasing anything via the Internet.
Visitors to this Web Site assume all responsibility and risk for the use of this Web Site. Information published on this Web Site is provided without charge as a convenience to visitors, to be used for informational purposes only. NOTHING IN THIS WEB SITE CONSTITUTES A RECOMMENDATION OR ENDORSEMENT OF ANY ITEM, PRODUCT OR BRAND.
ALTHOUGH REASONABLE CARE HAS BEEN TAKEN WITH REGARD TO THIS SITE’S CONTENT, THE STREAMING CENTER DOES NOT WARRANT OR REPRESENT THAT THIS SITE’S CONTENT IS ACCURATE, COMPLETE, OR UP-TO-DATE, NOR DOES IT WARRANT OR REPRESENT THAT ACCESS TO AND USE OF THIS SITE OR THE SERVER WHICH MAKES IT AVAILABLE WILL BE UNINTERRUPTED, ERROR-FREE, AND FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. THE CONTENT OF THIS SITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS FOR WHICH THE STREAMING CENTER ASSUMES NO RESPONSIBILITY.
ALL OF THE MATERIALS PROVIDED HEREIN, INCLUDING ALL OF THE MATERIALS AVAILABLE ON THIRD PARTY SITES, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE STREAMING CENTER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
- LIMITATION OF LIABILITY.
THE STREAMING CENTER is not responsible for any infections, contaminations, delay in operation or transmission, line failure, errors, omissions, interruptions, or defects arising out of your use of this site or with respect to the material provided and/or contained on this site.
In no event shall THE STREAMING CENTER be liable for any special, direct, indirect, incidental, or consequential damages, or any other damages of any kind, resulting from whatever cause, including but not limited to loss of use, loss profits, or loss of data, whether in an action under theories of contract, negligence, strict liability, or otherwise, arising out of or in any way in connection with the use of or inability to use the information or materials on, or accessed through, the THE STREAMING CENTER Web Site.
Notwithstanding the above, in no event shall THE STREAMING CENTER’s total liability to you for any and all claims, damages, losses, and causes of action exceed the amounts paid to THE STREAMING CENTER by you in connection with the transaction claimed by you to give rise to your claim.
VII. COMMUNICATIONS AND SUBMISSIONS.
By transmitting or posting any Submissions to THE STREAMING CENTER or to this Web site you grant THE STREAMING CENTER and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use the content of such Submissions for any purpose, including, but not limited to, the rights to reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You also grant THE STREAMING CENTER and its affiliates and sublicensees the right, at their sole discretion without obligation to do so, to use the name that you submit in connection with such content. You further agree that the license granted herein includes all of the rights to use or authorize the use of any ideas, concepts, know-how or techniques contained in such Submissions for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products or services incorporating such information.
You represent and warrant that you own or otherwise control all of the rights to the content of your Submissions; that the content is accurate; that use of the content you supply does not violate any terms of this User Agreement and will not cause injury to any person or entity; and that you will indemnify THE STREAMING CENTER or its affiliates for all claims resulting from content you supply. You agree that neither THE STREAMING CENTER nor its licensees will be liable to you for any use of any Submission. THE STREAMING CENTER has the right but not the obligation to monitor and edit or remove any activity or content.
You acknowledge and agree that you are solely responsible for any Submissions you submit to THE STREAMING CENTER or this Web site and further agree that you, not THE STREAMING CENTER, have full responsibility for the content of any such Submissions, including their legality, reliability and appropriateness.
VIII. JURISDICTION AND CHOICE-OF-LAW.
THE STREAMING CENTER operates this Web Site from its offices located in New York, New York, in the United States of America. THE STREAMING CENTER makes no representations that the materials in this site are appropriate or available for use in other locations. Those who choose to access this Web Site from other locations do so at their own risk and are responsible for compliance with any and all local laws, if and to the extent local laws are applicable.
This agreement, and any dispute, which arises from and out of this Web Site, shall be construed with the laws of the state of New York. Any legal action regarding this agreement or this Web Site shall be brought only in either the State or Federal Courts located within the City of New York, New York and by using this site you consent to personal jurisdiction within these courts.
If you have any questions regarding any portion of this Agreement, or if you wish to inquire, regarding rights of use not explicitly granted herein, please direct questions via email to [email protected]
THE STREAMING CENTER or you may terminate this Agreement at any time. You may terminate this Agreement by destroying all materials obtained from this Web Site. THE STREAMING CENTER may terminate this Agreement immediately without notice if, in its sole judgment, you breach any term or condition of this Agreement. Upon termination, you must destroy all materials obtained from this Web Site.
This agreement constitutes the entire Agreement between you and THE STREAMING CENTER and supersedes any prior oral or written arguments, understandings, or other communications between parties. This Agreement may not be modified except in writing signed by both you and an authorized signatory of THE STREAMING CENTER.
XII. International Shipping.
Some manufacturers including Sony and Yamaha restrict us from selling some of their products outside the United States.
The headings in this agreement are for reference purposes only and have no legal effect. If any portion of this agreement is void or unenforceable in whole or in part, the remaining provisions of this agreement shall remain in effect.
XIV. EXPORT DISCLAIMER.
Items we sell are subject to U.S.A. export control laws and regulations, including the Export Administration Regulations and the International Traffic in Arms Regulations, and may require a license or other authorization from the U.S. Government to be exported from the United States. Without limitation, parties purchasing from THE STREAMING CENTER are solely responsible for determining applicable export licensing requirements and for obtaining any licenses or other authorizations from the appropriate agencies of the U.S. Government that are necessary for exporting items from the United States, such as the U.S. Department of Commerce or the U.S. Department of State.
1,ADVERTISING & MARKETING COMMERCIAL USE TERMS
One-time commercial use license for small businesses and/or one store using all The Streaming Center LLC sets (current and the future collection). This license is for those who want to use our graphics for unlimited prints within small business and/or one store and do not wish to give credit to The Streaming Center, LLC or its Marketing Partners.
You can use The Streaming Center LLC graphics for making party decor (banners, toppers, wrappers), invitations and cards/ tags/ labels, jewelry, clothing and fabric, decal, stickers, die cuts, website/ blog design (as long as it’s not the graphic by itself must be included with your own design), stationery, and more! (Please make sure you read terms and usage when using the design).
There will be no designs included in this license, you must purchase the designs separately. This license just covers you to use all The Streaming Center LLC designs commercially without giving credit.
This license is for small business only and not for mass production, if you are selling more than 10 copies you will need to purchase mass production license.
The Client : The company, ministry, institution, or individual requesting the services of The Streaming Center.
The Streaming Center: Primary designer/site owner & employees, partners, or affiliates including but not limited too: OnlineRadioPRO.com, RadioK12.com, and ThePreachingAPP.com, respectively.
The Streaming Center will carry out work only where an agreement is provided either by email, telephone, mail, in person, or fax.
The Streaming Center will carry out work only for clients who are 18 years of age or above. An ‘order’ is deemed to be a written or verbal contract between The Streaming Center and the client, this includes telephone and email agreements. To keep prices competitve all designs by The Streaming Center LLC are property of and own by The Streaming Center LLC . Also all project designs are allowed at least one modification, unless otherwise stated in writing by The Streaming Center LLC. Agreements are considered bound by these terms and conditions once the first project payment is made.
Notice Regarding All Requested Projects, Products, or Services: The statute of limitations for all The Streaming Center projects is 90 days. Any services, products, or projects ordered but not completed due to client participation or submission of requested materials are considered void and abandoned. Service exchanges, credits, and/or refunds are not permitted.
Whilst every endeavor will be made to ensure that the website and any scripts or programs are free of errors, The Streaming Center cannot accept responsibility for any losses incurred due to malfunction of the website and/or any part of it.
The website, graphics and any programming code remain the property of The Streaming Center, however clients are given user level basic based access to update, market, and post information on the website once the account balance is paid in full. Clients may elect to have basic administrative or executive based privileges & access added to the website for additional fees or as noted on the ordering package and/or purchase order. Server access is considered confidential, and the client is not permitted to access it under any circumstances. It is against the policy of The Streaming Center to transfer, refund, or offer service exchanges on any projects developed by the staff of The Streaming Center LLC for any reason. There are no exceptions.
Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written, customized, or implemented by The Streaming Center remains the copyright or property of The Streaming Center and may only be commercially reproduced, transferred, or resold with the permission of The Streaming Center. Furthermore, public credit may be given to or noted by The Streaming Center regarding any products or services developed by our company.
The Streaming Center cannot take responsibility for any copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.
Any additions to any projects will be carried out at the discretion of The Streaming Center, however additional charges will apply.
The client agrees to make available as soon as is reasonably possible to The Streaming Center all materials required to complete the site to the agreed standard and within the set deadline. All project launch and/or development delays are subject to additional mandatory fees as deemed necessary and/or appropriate by The Streaming Center management.
The Streaming Center will not be liable for costs incurred, compensation, loss of functionality, or loss of earnings due to the failure to meet agreed deadlines or any other reason for any and all The Streaming Center services including websites, video production, tv & radio networks, or live streaming portals.
The Streaming Center will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrongdoing on the part of a site owner. eg. Any disputes re content/images that have been provided to us for inclusion on the site.
The Streaming Center will not be liable for any costs incurred, compensation, loss of functionality, and/or loss of earnings due to the work carried out on behalf of The Streaming Center, the client, or any of the clients appointed agents.
The Streaming Center will not be liable for any costs incurred, compensation, loss of functionality, and/or loss of earnings due to the unavailability of the site, its servers, software, third party intrusions, additions, viruses, malware, or any other material provided by or developed or implemented by its agents or representatives.
Travel expenses for necessary meetings and approved journeys undertaken by The Streaming Center staff and associates will be charged to the client at cost.
The Streaming Center and the client must work together to complete the web design project in a timely manner. We agree to work expeditiously to complete the web design project no later than 45 days after the client has submitted all necessary materials. If the client does not supply The Streaming Center with complete text and graphic content for this web design, video, or enterprise project within 60 days of the date of the first payment, the entire amount of the agreement becomes due and payable. If the client still has not submitted all the required contents within 90 days after the first payment, an additional continuation fee of 15% of the total agreement price will be assessed for each month until the web design, video, or enterprise project is published or the client cancels the project in writing.
The web site design or enterprise project delivery shall be considered launched and live once attached to the clients domain by either hosting through The Streaming Center or StreamingFREEDomains.com. Any outside hosting services are not permitted due to service restrictions and performance guarantees.
Third party components, such as advertisements and/or features may appear on products and services developed by The Streaming Center as deemed necessary. This includes but is not limited too, mobile apps, websites, and live streaming tv networks. The client will not be due any revenues from such advertisements.
The annual renewal rate for all websites who are not hosted under a StreamingFREEDomains.com account is $149 and $19.99 per month with all hosting for maintenance, monitoring, level 1 support, and account administration and E-Commerce Development included in that monthly rate. If the website, TV Network, or any other The Streaming Center hosted account is taken offline due to nonpayment a restoration payment is required before any services will be restored. Accounts are considered dormant if not launched or services or offline more than one year. Dormant accounts may require full balance payment before restoration will occur.
The Streaming Center cannot take responsibility for any losses incurred by the use of any software created or installed for the client. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use.
Any scripts, applications or software written or implemented by The Streaming Center remain the copyright and ownership of The Streaming Center, and/or the developer and may not be reproduced, resold, or transferred. Any software and/or related licenses installed by The Streaming Center remain the property of The Streaming Center and are considered leased by the client at all times. If the client cancels their The Streaming Center service or the account is taken offline due to non-payment, or at the client request any and all related software installs and/or software licenses will be removed and are no longer valid for client use.
When permitted, where applications, pluggins, or sites enhancements are developed on servers not recommended by The Streaming Center, the client is expected to provide or seek any information,additional software,support or co-operation pertaining to the server required in order for the application to be correctly developed. Where large applications are to be developed, it is the clients responsibility to provide a suitable testing environment which is identical to the final production environment.
The client is expected to test fully any application or programming relating to a site developed by The Streaming Center before being made generally available for use. Where “bugs”, errors or other issues are found after the site is live, The Streaming Center will endeavor (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief.
Furthermore access to administrative panels are limited to client based on the specific order level and terms and may not be automatically included in any particular website order. No login credentials will be released prior to the website account training or final site approval.
The Streaming Center radio streaming service prices do not include Music Royalties. Each client is responsible for acquiring their own music royalty license. Please note that any music royalty service recommendation provided is not endorsements.
The Streaming Center will endeavor to ensure that any developed/designed site or application will function correctly on the server it is initially installed in and that it will function correctly when viewed with the web browsing software Firefox 2.0 and to an acceptable level with Internet Explorer 7+ browsers. The Streaming Center can offer not guarantee of correct function with any browser software or update.
Payments must be made promptly based on the agreed schedule. Delinquent bills can be assessed a $25 charge or 20% (which ever is greater) if payment is not received within 10 days of the due date. If an account has an outstanding balance for work completed, and money for any additional services or existing services will be directed to the outstanding balance first until outstanding balance is paid off. If an account remains delinquent 30 days after its due date, an additional 25% penalty or more can be added for each month of delinquency. The Streaming Center reserves the right to remove any web design project from viewing on the Internet until final payment is made. Regardless of the place of signing of this agreement, the client agrees that for purposes of venue, this agreement was entered into in Cobb Count, Georgia and any dispute will be litigated or arbitrated in Cobb County, Georgia. Please pay on time. All payments will be made in US $ funds unless agreed upon in writing by both parties.
- a) By The Streaming Center projects under $500.00; payment by ordering
b) By The Streaming Center projects over $500.00; 50% by ordering and 50% by publishing or agreed upon date on invoice.
c) By The Streaming Center projects over $2,001.00; agreed in writing a down payment and payments by milestones.
Refusal of Service: The Streaming Center LLC reserves the right to refuse or terminate services for any client whose content, brand, or performance is in direct conflict with The Streaming Center and/or any of its affiliate organizations. Clients discovered to be in conflict with this guideline have 48 hours after notification to modify their services plan, content, or brand or they may forfeit any and all access to any The Streaming Center services, hosting services, and/or broadcasting portals. Once a service account is terminated by The Streaming Center it may not be reactivated or restored with the written approval of the The Streaming Center governing board. No costs incurred by the client will be reimbursed to the client regardless of circumstances.
All Accounts must be paid on time or may result in immediate server removal. Balances will not be allowed to be carried over or placed in a past due status. All billing accounts and services are DUE UPON BILLING DATE NOTICE. We will not provide any services that accrue balances when a client has an open balance on their account. No exceptions.
If an Account is removed from the server due to billing, the project will be considered forfeited and no refunds, credits, or service exchanges will be given. Furthermore once removed from the server additional fees to be determined by The Streaming Center LLC management will be required to restore or relaunch the platform/website/network if permitted.
If a payment is disputed fraudulently, all services will be suspended immediately and no further service or products will be considered due. Any outstanding invoice, service or deliverables will be considered satisfied in full.
When payment arrangements are given, if they are broken or due dates modified more than twice, the client will forfeit any and all monies paid, and the payment arrangement will be cancelled with no future consideration given.
Web Site Maintenance
This agreement allows for minor web site maintenance to pages over a 1-month period, up to an average of one half hour per regular web site, including updating lines and making minor changes to a sentence or paragraph.
It does not include updating or replacing nearly all the text from a page with new text, major page reconstruction, new pages, guest books, discussion webs, navigation structure changes, attempted updates by client repairs or web design projects delivered to the client via email or cd upon website preview.
Website Hosting, support and updating service agreements:
The Streaming Center offers annually renewable packages of hosting and updating service agreements which can be purchased as part of a package or separately. These include hosting, content updating and search engine submissions.
These packages are quoted for either on application or at time of quoting for a full project.
Hosting, support and updating services are annually renewable, package start dates are based on when the package or domain name is first registered and now when the web project goes live.
Our content update service refers to any content, photographs or text which replaces any current content. It does not extend to producing new sections or pages unless otherwise noted.
Quoted prices generally stay the same year on year but can change depending on the amount of content updated, additional sections added, bandwidth or web space used.
Monthly we submit clients sites to search engines however, we cannot guarantee inclusion or accept responsibility or liability if any search engine, online directory or search site, submitted to as part of a web site promotion commission, chooses not to list a client’s web site.
Hosting support and updating packages are renewed annually, invoices are provided approximately one month before the renewal date, however or usual payment terms apply from the invoice date.
Customers wishing to cancel a hosting, support or updating package must inform us before the invoice date otherwise full annual payment will be required. Network domain and website transfers are not permitted. An account may be terminated or removed from the client’s account at any time per their written request. However, The Streaming Center to retains the right to use the work we developed or created for ongoing marketing and example of work use.
The required monthly renewal rate for all websites on The Streaming Center server is listed on the invoice. This includes all hosting for maintenance, monitoring, level 1 support, and account administration. If no price is listed on the invoice the default monthly rate is $25 per month
No partial refunds will be given for hosting, servicing or updating packages cancelled during the current agreements time period.
While we and our hosting partners take many steps to ensure server performance, it however is the clients responsibility to make sure that their website is backed-up. The Streaming Center does not make any certain claim or performance guarantee regarding server or hosting on The Streaming Center hosted or account or those hosted by StreamingFREEDomains.com.
The Streaming Center recommends exclusively StreamingFREEDomains.com to host websites, no guarantees can be made as to the availability or interruption of this service by The Streaming Center, furthermore we cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss.
The Streaming Center reserves the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial, and also to terminate the free hosting service should the necessity arise.
Mobile App Development and Hosting
The Streaming Center mobile app designs are non transferable and are made available only to active mobile app hosting clients. If a client has an past due, cancelled, and/or delinquent server hosting account use of the mobile app design or development will not be permitted.
Server hosted accounts are disconnected and/or locked if the account monthly based is not resolved within 15 days.
Once a hosting account is past due beyond 30 days, the account may be considered abandoned and any and all licenses, hosting, and services provided to the client from The Streaming Center may be permanently terminated for that clients use without any additional notices.
Mobile App revisions are subject and limited to the ordered package benefits or constraints. Please note that unless otherwise noted or quoted, most basic mobile app development orders are template based and designed based revisions are not permitted without an additional design fee.
As a standard and on going company policy, The Streaming Center does not release mobile app APK files.
Payment of Accounts
A deposit is required from any new client before any work is carried out. It is the The Streaming Center policy that any outstanding accounts for work carried out by The Streaming Center or its affiliates are required to be paid in full, no later than 30 days from the date of the invoice unless by prior arrangement with The Streaming Center .
Once a deposit is paid and work completed you are obliged to pay the balance of payment in full. We will contact clients via email and telephone to remind them of such payments if they are not received when due.
If accounts are not settled or The Streaming Center has not been contacted regarding the delay, access to the related website may be denied and web pages removed.
Following consistent non payment of an invoice our Solicitors will contact the client in question, with a view to taking the matter further.
Please send any complaints or concerns to [email protected] for review by our executive team. However any attempts to publicly or privately degrade, defame or threaten in the company of The Streaming Center and/or its owners, partners, and/or employees in any way will result in immediate termination of The Streaming Center services without a refund given or due . Furthermore full current value for services and additional fees may be required for any and all accounts removed due to client/customer negligence or defamation. This notice includes email communications as well.
We invite all current and potential clients of The Streaming Center to support our business through our referral program. This program allows for a service credit of $50 to the referrer for any new referred client whose order is over $500 and whose balance is paid in full.
Because of the customized development of products such as radio station, website, mobile apps and other equipment and products used for broadcasting client image and branding, that can not be resold once it has been configured, this includes all Radio PCs, Studio In A Boxs, Livestreaming Systems, Push Button Broadcast Stations, Mixers, Microphones, Headphones, Furniture, Cameras, and any other item that is deemed “equipment”, because of this, All Sales are final. Refunds are not permitted. However a service credit for the purchase amount minus any shipping, setup, and/or server fees will be available to utilize at the company discretion. Any exchange for items, products or equipment must be pre-approved in writing prior to any exchange. Any items returned with no agreement in place will be considered forfeited and no monies or credits will be considered due.
In addition, clients are permitted ONE website or design element revisions per project. If more than one revision is requested or completed, an additional purchase order and fee may be applied to the client account before work continues. Once a project or website is approved, a mandatory purchase order is required for any additional modifications.
This clause applies to every product sold via The Streaming Center and it’s affiliates.
Thank you for choosing The Streaming Center. We are honored to be your online media service provider.