Terms & Conditions

Effective Date: August 3, 2025

1. Overview

Welcome to ezwayradio.com (“we”, “us”, “our”). ezwayradio.com is a live‑podcasting platform where registered users (“Hosts”) may create live audio sessions (“Broadcasts”), invite guests (“Guests”), record audio ("Recordings"), and distribute or replay content. This document governs your access to and use of our platform (“Terms”). By registering an account, broadcasting, or simply using the services in any way, you agree to be legally bound by these Terms and our Privacy Policy.

2. Account Eligibility & Registration

• You must be at least 16 years old (or older if local laws impose majority) to register or use the Services.
• You agree to provide accurate, current, and complete information during registration and to promptly update it to maintain accuracy.
• You are solely responsible for safeguarding your account credentials, and you may not share your account with others.

3. Roles & Scope

As a Host:

• You control the initiation, content, and distribution of any Broadcast. We facilitate the technology and do not edit or produce your content—consistent with StreamYard’s model where Hosts bear responsibility for their streams and user interactions :contentReference[oaicite:0]{index=0}.
• You are responsible for securing consent from Guests to record or publish their voice and for any personal data processing involving them.

As a Guest or Listener:

• You warrant that you have consent to participate and be recorded, and you agree to comply with these Terms.
• Your use is limited to personal, non-commercial participation unless explicitly authorized.

4. Content Ownership & License

• You retain all rights in the audio and profile content you submit, including Recordings under communications comics—similar to Anchor’s explicit statement that users retain full ownership of their content under any Terms :contentReference[oaicite:1]{index=1}.
• By using the Services, you grant ezwayradio.com a non‑exclusive, worldwide, royalty‑free license (including the right to reproduce, distribute, and display) to store, transmit, and make your content available during the platform’s operation.
• For guest audio recordings, you must secure guest consent before broadcasting or publishing.
• We will not use your voice recordings for any AI training, voiceprint profiling, or biometric processing unless you separately opt‑in
.

5. Allowed & Prohibited Content

Allowed:

• Original or licensed music, interviews, discussions, or other audio that you have the right to broadcast.

Prohibited:

• Content that is unlawful, defamatory, harassing, hateful, obscene, invasive of privacy, infringing intellectual property, or otherwise illegal.
• Advertising or content promoting goods/services without express permission.
• Any automated scraping, malware distribution, impersonation, or security threats.

6. Broadcasting Responsibilities & Risks

You are fully responsible for your live or recorded sessions, including:

• Ensuring compliance with all applicable laws (copyright, privacy, defamation, etc.).
• Having permission to record Guest voices and managing how and when Recordings are shared.
• Moderating Chat, Guest conduct, and user interactions during your Broadcast. “We only provide the Services to facilitate a Stream taking place”—which leaves you responsible for all content and behavior in the session, as in StreamYard’s model :contentReference[oaicite:2]{index=2}.

7. Termination of Use

We reserve the right to suspend or terminate your access at any time for violating these Terms, or at our discretion. Upon termination:

• All licenses to content we hold will immediately cease.
• You must not continue broadcasting.
• Provisions intended to survive termination—such as those on liability, ownership, and dispute resolution—remain in force.

8. No Warranty & Limitation of Liability

To the maximum extent permitted by law:

• The Services are provided "as‑is" and “as‑available,” without any express or implied warranty of any kind.
• We disclaim all warranties including merchantability, fitness for purpose, and non-infringement :contentReference[oaicite:3]{index=3}.
• We are not liable for lost data, lost profits, service interruptions, emotional distress, or any indirect, incidental, special, consequential, or punitive damages.
• Our maximum aggregate liability is limited (e.g., to the lesser of your paid fees during the prior 12 months or $100, if no fees were paid) :contentReference[oaicite:4]{index=4}.

9. Indemnity

You agree to indemnify, defend, and hold harmless ezwayradio.com, its officers, directors, employees, agents, and affiliates from any claims, losses, liabilities, damages, costs or expenses (including legal fees) arising out of or relating to:

• Your use or misuse of the Services;
• Your Content, including Recordings and any Guest participation;
• Your violation of these Terms or applicable law;
• Your infringement of any third-party rights.

10. Dispute Resolution & Arbitration

By agreeing to these Terms, you and ezwayradio.com agree to resolve most disputes through binding individual arbitration, waiving the right to participate in class actions or jury trials. You may have a right to opt out within 30 days of first agreeing to these Terms :contentReference[oaicite:5]{index=5}.

This requirement is consistent with other podcasting platforms, which have imposed mandatory arbitration in their Terms regarding content hosting and platform usage :contentReference[oaicite:6]{index=6}.

Arbitration, exceptions (e.g., small-claims court) and governing rules will follow the procedures outlined in Section 11 below.

11. Governing Law & Jurisdiction

Unless you opt out of arbitration, arbitration rules apply. If a dispute is not arbitrable, these Terms are governed by the laws of the State of New York, and courts in New York will have exclusive jurisdiction. If you are a consumer in the EU, you may rely on mandatory legal protections regarding dispute resolution :contentReference[oaicite:7]{index=7}.

12. Modifications to These Terms

We reserve the right to modify these Terms at any time. Material changes will be communicated via in‑app notices or email, and the “Effective Date” above will be updated. Continued use after updates implies acceptance. If you do not agree, cease use immediately.

13. Contact Information

If you have questions or wish to exercise your rights (e.g., opt out of arbitration, request account deletion), contact us at:

Note: This document is provided for informational purposes only and does not constitute legal advice. We recommend having the Terms reviewed by qualified legal counsel before use.