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Terms Of Service
 
Please read the following Terms carefully, as they may affect your use of the website. Please also note that these terms may be amended from time to time and that we may amend them without notice, and therefore You will have to check this page often to check for amendments.

Services: KryKey provides a Platform for KryKey Radio Station Owners and their DJ's to transmit and publish streaming media and/or radio channels and allows Registered Users and Users to listen to such audio streams (Hereinafter: Platform).

Term: These Terms are in effect from January 1st, 2009 and shall remain in effect until KryKey shall terminate, amend of modify them, KryKey may amend, modify or terminate these terms for all users and/or for specific users without any notice and you shall have no claim whatsoever as to such amendment, modification or termination.

Termination of Service: KryKey may discontinue platform at its sole discretion and may terminate service without notice. You disclaim KryKey and hold KryKey harmless from any liability and/or loss of data or profit due to such termination.

General Practices:  You acknowledge that KryKey may establish general practices and limits concerning use of the Content and storage or transmission thereof, including, without limitation, the maximum number of users or bandwidth, the maximum or minimum quality of any stream that may be sent from or received by an account on the Platform, the maximum disk space that will be allotted on KryKey's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Platform in a given period of time. You agree that KryKey has no responsibility or liability for the content that any radio station streams, the deletion or failure to store or Transmit any Content and other communications or other Content maintained or transmitted by the Platform. You acknowledge that KryKey reserves the right to deactivate radio stations that are inactive for an extended period of time. You further acknowledge that KryKey reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

Your Duties, Obligations and Rights: By registering as a Radio Station Owner or DJ you shall provide KryKey with accurate, true and comprehensive information according to the values fields required in the registration form. You may change such registration information at any time and from time to time, and You warrant to maintain such contact information relevant and accurate. You shall provide KryKey with a valid email address in order to verify your User Account (hereinafter: User Account) and if you change it you must inform KryKey immediately. You shall keep your User Account information, including password and other login information in utmost secrecy and shall be liable to any damage, direct or indirect arising from misuse of Your User Account. Should you find that any personal information regarding your User Account was violated or disclosed, you will, immediately and without any delay notify KryKey of any unauthorized use of your password and User Account and take the best care in order to ensure that no other party shall use your User Account. You shall be solely liable for any exchange of private information with 3rd parties and Users of Platform and You are hereby warned not to disclose any information to 3rd parties or Users which may be considered Sensitive Data or Personal Information according to any state regulations. You are hereby discouraged from exchanging personal information and are warned from meeting Users who you met through Platform. You are hereby warned from providing any User or 3rd Party any contact information, including but not only, phone number, email address, personal address, work related information or any other information which may be assist in personally identifying you.

General Use: You shall use Platform in a bone-fide manner and will avoid utilizing it in order to mass message any User or 3rd Party. You will not solicit any person into using Platform in a disturbing manner and will not use application to stalk or harass other Users. You may not use Platform in order to promote sex, escort or dating services.

Personal Use, No Conveying of Rights: Your User Account is for your own personal/business use only. You may not transfer, sell, convey or otherwise grant any right of use in Your User Account without written permission from KryKey.

Means of Conduct: You will use Platform and operate in a moral and legal way, any will not use Platform for any of the following:
  • (i) Sexual Context and Content, Pornographic display or conduct, initiate sexually oriented proposals to minors and/or Users which may be offended by such conduct
  • (ii) Initiate requests with sexual orientation, including promotion of dating services and escort services.
  • (iii) Slander or Defame any User or offend, threaten, insult, harass or disturb any User without their prior written consent.
  • (iv) Promote illegal activity, including conspire and/or gang against other Users
  • (v) initiate any activity involving games of luck, or gambling or promotional competitions involving prizes not affiliated with KryKey
  • (vi) Publish Copyright, Trademark and Patent infringing materials
  • (vii) Publish Personally identifiable information, either of Yourself or of Other Users
  • (viii) initiate political, social, racial, religious or any other intolerant speech
  • (ix) involve Pyramid Schemes and/or Chain mails
  • (x) Provide links for any commercial and/or promotional business of third 3rd parties
  • (xi) use of any obscene Username
  • (xii) Any request for any other User's personal User Account Information
  • (xiii) Initiate Scams
  • (xiv) repetitive posting of messages in chatrooms
  • (xv) injecting or posting any malicious computer code or binary or any Trojan horse, cross site script and malware
  • (xvi) any false description or appropriation as for your affiliation as KryKey's staff or representative
  • (xvii) any unlawful material or material requiring governmental authorization for transacting information.
  • (xviii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted or requested
  • (xix) Publish or transmit any Content that you do not have a right to publish or transmit under any law or under contractual or fiduciary relationships (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • (xx) interfere with or disrupt the Platform or servers or networks connected to the Platform, or disobey any requirements, procedures, policies, or regulations of networks connected to the Platform; intentionally or unintentionally.
  • (xxi) access any radio station without permission of the owner
  • (xxii) impersonate any staff member or shareholder of KryKey

    Notification and Removal:
    You will notify KryKey, immediately, should you encounter any Content or Conduct in violation of 'the means of conduct' and KryKey shall examine and inspect its adherence with these Terms of Service. You must understand, however, that this examination does not compel KryKey to remove any Content, nor will it create Liability on KryKey. KryKey shall, upon a legal subpoena, supply you with the details of any person posting Content or acting not in accordance with 'the means of conduct' which caused you damages. You agree not to hold KryKey liable for any damage and to only initiate legal proceedings for this cause and award. Any claim against KryKey for any liability arising from Users' violation of 'the means of conduct' is hereby

    Radio Station Owner :
    Any Radio Station Owner shall receive a unique Stream ID (Hereinafter: Stream) which will be used in order to publish audio content via Platform.
    You may, at your sole discretion and responsibility, allow DJs to perform or publish content via your Stream. You, as well as other Users, may upload, share and publish your Content, including, but not only, audiovisual materials, audio recordings, texts and interpretation of texts, and other creative content (Hereinafter: Content) via Platform. In order to do so, You warrant that any content shared or Used by you on Platform is owned by You in whole and that you have the full copyright for Content, including permission to allow redistribution of that content, including any derivative works for any means. We recommend to use CC-licensed music, CC offers free copyright licenses that anyone can use (without a lawyer) to mark their creative work with the freedoms they want it to carry. Several sites offer music published under Creative Commons flexible copyright licenses. for more info, you can visit http://creativecommons.org/legalmusicforvideos. Please check out the terms of each song license before you use/stream it.
    You may only use Platform and Stream via KryKey's website and shall not, by any manner, circumvent Platform's protection of stream.
    You hereby grant Users an irrevocable license to display and perform your Content via your stream according to clause 4 to this agreement.
    As a Radio Station Owner, you may be subjected to Private and/or Personal Information of User and/or Listeners. You shall not disclose this information and/or use it for any cause other than utilizing and optimizing performance of your Stream and/or selling or advertisements over stream to third parties.

    DJ:
    Any DJ may, upon the request of any Radio Station Owner, use Stream and or Platform to publish, transmit or otherwise convey information via Stream or Platform.

    Listener:
    Any User, as a Listener and/or as any other User, shall be granted a right to listen to Streams via KryKey's Platform and/or Website. However, User may only listen to stream via browser on KryKey's website or embedded player and shall not use any service or code to utilize Stream outside of it. You will not use any technological method, code, circumvention or machinery to block the display of 3rd Party advertisements via KryKey's Website. You understand that by using the Platform, you may be exposed to Content that is offensive, indecent, violates copyright, trademarks or patents or objectionable. Under no circumstances will KryKey be liable in any way for any Content. Listener may, upon his choice, use the following services offered by KryKey, all with accordance to these Terms and with special regards to 'the means of conduct'  to these Terms. Please note that some of these uses may be subjected to prior filtering and/or screening by either Users, Listeners and/or administrators on behalf of KryKey:
    Publish Comments to any other Content on Platform or Website, should it be allowed and available;
    Blog and post notes on a specific dedicated webpage;
    Rate Other User Contents;
    Chat with Other Users;
    Upload photos to a Photo Gallery;
    You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by KryKey or submitted to KryKey.

    Making Money From Your Radio Station:
    The KryKey platform costs money to run and altough we provide a free service, any commercial gain by any radio station must be shared with KryKey to help pay these costs - 30% of the revenue is to be sent to KryKey's PayPal account.


#cultofthedavekrykey:
By agreeing to owning or listening to any radio station on the KryKey network, you agree that "The Dave KryKey" is awesome and you are automatically a member of #cultofthedavekrykey - follow #cultofthedavekrykey on twitter, Facebook or Google+. Download the promos on the KryKey Forums at www.KryKey.net

Privacy Policy:

Policy:
KryKey values users' and websites' privacy and therefore has set up this extensive Privacy-Policy in order to notify you when is data stored, what is being processed and what is being disclosed to our clients, which are the websites you visit, in order to allow them better services to you, as a client. Though KryKey is not a US based organization, its privacy policy is in strict compliance with the US Export Authority's Safe Harbour Principles (http://www.export.gov/safeharbor)

Data Collected:
KryKey collects data about user activity in Website and Streams brought by KryKey including aggregated non-personal information, personal information and click stream information. This information will only be shared with our affiliates according to this Privacy Policy

Data not collected:
KryKey is working with accordance to international regulation and EU standards of privacy and therefore shall never retain or request and information regarding ethnic origin, political opinions, religious or philosophical beliefs, trade-union or political party membership, personal health, personal sexual preferences or personal sex life. KryKey shall never retain or request data regarding exact name, personal financial transactions. You should immediately report the privacy officer at KryKey should you encounter any person or electronic service claiming to receive such information.

Personal Data:
KryKey retains information which can may identify with specific references to personal preferences and interests.

Non Personal Data:
KryKey retains non-personal information including, but not only, identifying the computer you are browsing from, your IP address, your session time, your visiting preferences in our website and your visiting time to each webpage.
 
Collection of Data:
Both non-identifiable personal and non-personal data are collected in the same manner: when You browse our website, both a cookie is placed in your computer and we KryKey logs all traffic from Your IP; A Cookie is a small text file placed on your computer by your browser which identifies you as a specific user. This cookie identifies you with our KryKey's servers and allows us KryKey to log which pages have you visited identify You as, what you preferred to see in these pages, what content were you looking for and other information which may be able to assist us KryKey in understanding needs and preferences.

Data Erasure:
Cookies are stored on your computer for a period of 24 hours and will automatically be erased if you have logged out of our Platform.
Use of Data: Some of the DJs or, Radio Station Owners or Listeners may be subjected to Personal Information and/or Collected data, including, but not only, IP addresses, User Account names and other information which may be used to provide You with Better Service. You must adhere to a privacy policy which complies with either a EU Member State regulation or the US Safe Harbour regulation in order to receive information from KryKey.

Security:
Data is collected and stored on our KryKey's own servers or servers of 3rd parties operating on our behalf. Our KryKey's records which include stored data will not be disclosed to any party unless we are compelled to do so by a judicial order or law; We KryKey shall use our best efforts to protect this database from any malicious activity. and we request our affiliates strict confidentiality regarding use of the data disclosed.
Removal of data: You may view your user profile at any time and send us comments regarding incorrect user information stored at our database; these requests should be made by email to this address: info@krykey.com
You may also request to remove all personal data stored on our servers relating to direct marketing. However, you must understand that as data retention is being made by automated computer processes, aggregated non-identifiable information can not be erased. Should you request to remove all personal information stored about you, please email us to this address: info@krykey.com
We may refuse to remove, disclose or amend data where you have not supplied us with sufficient evidence as to the identity of the requesting party. As we take care for the privacy of others, including users who share the same internet connection and/or computer, it may cause grave harm to disclose personal information without such identification.
Also, we may retain data or refuse to amend it where such amendment was technical and redundant, jeopardizes the privacy of other parties or users, including trade secrets and intellectual property or amendments which require major technical efforts which are not in proportion with the benefit from amending the data.

Accountability:
As our users' data is valuable to us, we have appointed a privacy officer in-charge of the execution of this privacy policy. If you feel that your privacy and rights according to this privacy policy had been violated, please contact us at Privacy Matters, at info@krykey.com
We shall take the best of means to assure that your data shall be retained and processed by the best of means and that every dispute shall be taken care of and resolved. Our privacy officer shall compile quarterly reports regarding privacy complaints and violations and provide details as to actions taken and remedies.

Dispute Resolution:
Any dispute arising by breach of this privacy policy which was not handled by our privacy officer may be brought to the proper regulatory authorities for inspection. We shall provide full cooperation should it be necessary.

Copyright Policies
Content: You, as well as other Users, may upload, share and publish your Content, including, but not only, audiovisual materials, audio recordings, texts and interpretation of texts, and other creative content (Hereinafter: Content) via Platform. In order to do so, You warrant that any content shared or Used by you on Platform or Application is owned by You in whole and that you have the full copyright for Content, including permission to allow redistribution of that content, including any derivative works for any means. As KryKey is used in countries all over the world, these countries have individual laws and regulations on Copyright and the Radio Station Owner is subjected to them.
We recommend to use CC-licensed music, CC offers free copyright licenses that anyone can use (without a lawyer) to mark their creative work with the freedoms they want it to carry. Several sites offer music published under Creative Commons flexible copyright licenses. for more info, you can visit http://creativecommons.org/legalmusicforvideos. Please check out the terms of each song license before you use/stream it.
License: You hereby grant KryKey and Users of Platform a royalty-free, non-exclusive right to listen but not record, save, reperform or download , use, reperform or download Content or any part thereof shared by you on Platform. You hereby state that you obtained all relevant rights and copyrights to content shared by you and that you permit any use of content via Platform for its operation and use.

Copyright Infringement: Any use of Content not according to this clause 4 to these Terms shall be constructed as Copyright Infringement and you undertake to compensate KryKey for its damages and for any other revenue generated to You, or any other 3rd Party, from such Copyright Infringement.

No Liability: You understand that all Content provided by you, whether publicly posted or privately transmitted, are at your sole responsibility. KryKey does not control the Content posted via the Platform and, as such, does not guarantee the accuracy, integrity, or quality of Content. You commit to not use the Platform to convey, post, publish, or otherwise transmit any Content that is violation with Clause 2.43 of these Terms. You are solely responsible for any posting of Content, and agree to indemnify KryKey for any damage arising from such activity violating any laws or terms of service.
 
Prescreen: You acknowledge that KryKey cannot pre-screen all Content, but that it shall have the right (but not the obligation) in their sole discretion to refuse or move any Content or User Account that is available via the Platform. KryKey shall have the right to remove any Content or Account that violates these Terms or is otherwise objectionable.

Radio Station Names:
Radio Station names on the KryKey platform are not unique and as long as they do not violate copyright (in the USA), use Artist Names, then multiples of the same name can exist on the network.

Disclosure of Content:
You acknowledge and agree that KryKey may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of KryKey, its Users, and the public. You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Harmless: You agree and warrant to hold KryKey and Users harmless and to immediately indemnify KryKey or Users for any claim of copyright infringement, trademark dilution or patent infringement for any use of Content according to these Terms. You also agree to indemnify KryKey and/or Users for any 3rd party lawsuit for Copyright infringement due to their use of Content made available by You.Cease and Desist: KryKey values others copyright, and therefore shall comply with all Country regulations regarding 3rd party copyright. Should you encounter any Content which you believe to be in violation of Copyright Laws and you are the sole owner of, Please file a copyright infringement complaint at our Copyright officer: info@krykey.com ; Our copyright officer shall examine your complaint and shall forward it to the user who published said Content for his answer. Should Your complaint be false, harassing or in order to prevent legal use of service, you shall bear all liability to compensate the Radio Station Owner and/or User which you reported as infringing copyright.

Third Party Content and Advertisements:
 
Advertisements: KryKey may, at its own discretion and for its causes, include within Platform or Application any links for 3rd party websites, advertisements or links for applications (Hereinafter 3rd Party Content). KryKey does not warrant for 3rd Party Content or availability thereof nor does it endorse it. KryKey shall not be held, or claimed to be held, liable for any 3rd Party Content, its legality or illegality, its adequacy with regulations and its quality.
 
No Blocking of 3rd Party Content: You hereby warrant not to use any software, plug-in or any other mechanism to block any third party content displayed on KryKey's Website or Platform, You hereby agree to compensate KryKey for any loss of income due to Click Fraud, blocking of 3rd Party advertisements and/or 3rd Party Content.
General

No Liability:
For no case and for no reason shall KryKey be held liable for any damage, direct or indirect, consequential, exemplary, physical or special, to You, any User or any 3rd party due to its mis-performance of duties herein. KryKey supplies Platform on an AS-IS basis and shall not be held liable, to the extent permitted by law, by any case of misconduct, negligence, gross negligence, malice or any other mean, to any damages or loss of property, including damages to: virtual property, reputation and business reputation, User Account information including login information, loss of profit, loss of good name, all resulting from the Use or inability to Use Platform or services rendered by KryKey.
 
No Warranty:
KryKey does not warrant for Platform and supplies it on an ?as-is? and ?as-available? basis. Your Use of Platform is at your own risk and under your liability. KryKey makes no warranty that (i) the service will meet your requirements and (ii) the service will be uninterrupted, timely, secure, or error-free and (iii) the results that may be obtained from the Use of the platform will be accurate or reliable and (iv) the quality of any products, services, information, or other material purchased or obtained by You through Platform will meet your expectations, or (v) any errors in the software will be corrected.

All Risks:
Any software element or digital file downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data or damage to computer machinery results from the download of any such material. No advice or information, whether oral or written, obtained by you from KryKey and/or through or from Platform shall not create any warranty not expressly stated in the TOS.

Indemnification:
You agree to hold KryKey harmless and to indemnify KryKey for any lawsuit brought against it by You, Your successors or any other party on your behalf in contradiction to clauses 6(2) & 6(3); You also agree to indemnify KryKey for any damage, whether direct or consequential arising from any breach of this agreement, including injection of malicious code, misrepresentation of copyright, trademarks or patents or any other breach of this agreement against any other Users.

Robbie Burns:
Any radio station found to have Robbie Burns accessing their radio station, being involved with their radio station, will be deactivated.

Graphics:
All graphics created by KryKey for radio stations can only be used for the KryKey radio station it was created for and no other service.

No Supervision:
Any supervision of user conduct by KryKey does not create liability whatsoever and is for statistical purposes and in order to monitor user behaviour in general. KryKey shall not be held liable even if it knew and had to know about a certain User's conduct or breach of this agreement.

Personal Policies:
KryKey may retain data according to the Privacy Policy herein; Data is retained and processed according to KryKey regulations in order to perform services under these Terms; However, KryKey shall not be liable to any damage occurred, direct or indirect, due to any breach of information security with regards to these procedures nor would KryKey be liable to any loss of data occurred from them.

Amendments:
KryKey may amend, from time to time, these Terms and may, or may not, notify you as these amendments are made. Should you decide that any amendment in these Terms do not constitute as your understanding with KryKey, you may, at your own will, terminate these Terms and terminate your User Account. All Content shared shall remain stored on Platform and shall be used according to KryKey Policies and amended terms of service. In no case will these Terms have any retroactive change nor would they apply on Your conduct without your consent, therefore you undertake to examine, from time to time, any amendments in these Terms.

Termination:
KryKey may, at its sole discretion, terminate these Terms, Platform, Application or any other service rendered by it due to any reason, for any User, including You, or with no reason at all or for any reason, including, without limitation, for lack of use or if KryKey believes that you have violated or acted inconsistently with the understandings or spirit of the Terms. KryKey may also, in its sole discretion, and at any time discontinue providing the Platform, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms may be effected without prior notice, and acknowledge and agree that KryKey may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that KryKey shall not be liable to you or any 3rd party for any termination of your access to the Service.

Notices:
Any notice sent to You according to this agreement will be made through means of electronic messaging, either by your Email supplied to KryKey or by any internal messaging mechanism. Any notice or request you wish to make according to this agreement shall be made via electronic mail to admin@krykey.com

Entire Agreement, Waiver:
This Agreement constitutes the entire understandings between parties and will only be amended in writing. No KryKey's waiver to perform any of its rights under this agreement shall constitute amendments of it.

Governing Laws, No Class Action:
These Terms shall be governed by the laws of the state of Russia, including their conflict of laws. You undertake not to initiate any class action, for any reason, against KryKey and to claim your damages only according to this agreement.

Arbitration:
Any conflict arising from this agreement shall be brought to An agreed Arbitrator, assigned to by Parties with expertise with Copyright, User Generated Content and Legal matters regarding the Internet. Should Parties fail to find an agreed arbitrator, the chair of the Russian Bar Association shall appoint one. This Clause is a valid arbitration clause and Parties are aware of such consequences. The Arbitrator shall not be subjected to the procedural and evidence laws, but shall be subjected to the material law.
 
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