Referido en adelante como «Bitstreaming», «nuestro» y «nosotros»; es un proveedor de servicios de Audio Streaming. Todos los clientes bajo nuestro servicio están sujetos a los términos y condiciones descritos en este documento. Bajo los términos de este acuerdo, la firma y/o uso de nuestro servicio(s) en cualquier forma, por tanto, declara que ha leído, entendido y acepta los términos y condiciones establecidos a continuación. Bitstreaming se reserva el derecho a realizar modificaciones en este documento siempre que consideremos razonable. Es responsabilidad exclusiva del cliente comprobar este documento para las actualizaciones.
1. ACCEPTABLE USE, COPYRIGHTS AND RESTRICTIONS
1.1 All material on this site, including but not limited to text, images, illustrations, code, scripts, and live audio / audio clips is copyrighted and owned and controlled by Bitstreaming. The material on this website may not be copied, reproduced, republished, uploaded, published, transmitted or distributed in any way, unless we give you written permission to do so.
2. AUDIO STREAMING, HOSTED CONTENT AND LICENSES
2.1 Bitstreaming does not actively monitor any content transmitted, all broadcasts live, delayed or on demand is the sole responsibility of the client.
2.2 We do not offer any type of legal coverage to individuals or companies that use our services to distribute content with any type of copyright protection. In no case Bitstreaming can be responsible for the conduct of our clients or their users when they transmit protected content. All licensing, copyright and royalty issues are the sole responsibility of individual customers and / or their production entities.
2.3 You may not use our services to distribute adult, racist or any other illegal material.
2.4 If you are contacted by an authority in the event of an illegal situation in relation to any of the above points, we will cooperate fully in any investigation they decide to deal with clients who are found to be violating the law.
2.5 Bitstreaming will make every effort to ensure the security of customer data, however, due to the large volume of stored media, our standard costs do not include data backup. All data is stored at the customer's risk and expense and we will not assume any responsibility for any loss, damage or corruption of files hosted on our servers.
2.6 All services purchased from Bitstreaming are limited in bandwidth by a bit rate (X kbps). If you decide to stream above the bit rate purchased from a server, we reserve the right to cancel your account without prior notice, refund, or explanation.
2.7 We cannot guarantee the 100% fluency of your transmission for external reasons that may harm the uploading of information to our server.
This can be for example problems with your ISP (internet service company)
and it can also be for these various reasons:
1.- The upload broadband speed is reduced or with problems because the connection is slow (problems with your internet company or link); This usually happens at times where there is high demand for your internet service.
2.- The upload speed is slow for reasons that the current connection is being used by different equipment (shared connection) eg: computers, tablets and cell phones; then that limits the sending of data or audio to the server, since the speed is divided by all the extra equipment connected.
3.- The computer has limited resources, and when the RAM or CPU memory becomes saturated, it begins to emit in this way (saturation of the CPU or RAM)
4.- Está ocupando una conexión por WIFI lo cual puede provocar «caídas» o interrupciones del envío de datos (se recomienda usar cable de RED)
5.- you are downloading files (torrent, mega, mediafire, movies), or watching video transmissions (youtube) this can limit the upload of data to your server. the same if you are uploading files by FTP, etc ...
In addition, you as a client must have internet broadband in accordance with the contracted plan that guarantees a smooth upload of data.
3. AVAILABILITY OF THE SERVICE
3.1 We will make all reasonable efforts to provide the services 24 hours a day, 7 days a week for as long as you have paid for them. Sometimes, however, for a number of reasons, the services may not be available to you. You acknowledge and agree that unavailability of services may occur from time to time. We make no representation or warranty that the services will not be uninterrupted.
4. PAYMENTS, CANCELLATIONS AND REFUNDS
4.1 The services are billed by monthly or annual subscription. Payment may vary depending on the type of currency. We are not responsible for compensating for additional costs applied to payments by a bank or card issuer (including fees for international transactions and currency exchange).
4.2 Payment will be collected on a specific billing date from the initial registration date automatically and will continue until a cancellation request is received. Failure to pay for the services provided will lead to the suspension of the service.
Bitstreaming reserves the right to modify the monthly payment amount and any other charges at any time.
4.3 You are not eligible for any kind of refund if you have violated the terms of service in any way, which includes exceeding the agreed bit rate limit and disseminating inappropriate content.
5. SUPPORT AND COMMUNICATIONS POLICY
5.1 Customers requiring technical support can contact us at any time through our Support Center. Attempting to seek support through any other channel or direct email may delay or prevent any response from the support team. Our goal is to respond to all requests within 24 hours and most tickets are answered often and we resolved well within this time frame.
5.2 Under no circumstances will we tolerate any type of verbal, physical, written or other abuse. This fact is immediate cause for the immediate termination of the account without any type of refund or right to reply.
5.3 Bitstreaming is committed to offering support to customers only on issues directly related to our services and our technical support team are there to help customers with any problems in direct relation to the availability or functionality of our service. Our helpdesk does not cover IT consulting.
5.4 We try to help customers as much as possible, however it is important for customers to recognize that their hardware / software configuration is unique and that it is not always possible for our support technicians to offer 100% resolution of all problems.
5.5 Customers should do their own research and seek Audio Streaming in-service training in support of Community Support.
5.6 We do not support third party services. Clients will have to seek the advice of the third party provider.
6. OTHER POINTS
6.1 If any provision of this agreement is illegal, void or for any unenforceable reason, such provision will be deemed severable from this agreement and will not affect the validity and enforceability of the remaining provisions.
6.2 This is the entire agreement between the parties regarding the matters contained in this document. Bitstreaming may at any time revise these Terms and Conditions by updating this publication. You are bound by such reviews and should therefore periodically visit this page to review the current Terms and Conditions to which you are linked.
7.1 TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BITSTREAMING OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, ANY LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF BUSINESS, LOSS OF USE OR DATA DAMAGE INDIRECT, SPECIAL, UNINTENDED OR ANY KIND, EVEN IF BITSTREAMING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
7.2 IN NO EVENT SHALL BITSTREAMING OR ITS SUPPLIERS BE LIABLE FOR ANY CLAIM AGAINST THE LICENSE BY A THIRD PARTY. IN NO EVENT SHALL BITSTREAMING OR ITS SUPPLIERS BE LIABLE FOR THE FOLLOWING: (I) ANY REPRESENTATIONS OR WARRANTIES MADE TO THIRD PARTIES BY THE LICENSEE, ANY DISTRIBUTOR OR THEIR RESPECTIVE AGENTS; (II) FAILURE OF THE PRODUCTS TO BE MADE; (III) FAILURE OF PRODUCTS TO PROVIDE SAFETY