AGREEMENT TO TERMS
Welcome to MediaCP! We are thrilled to have you join us in exploring our website, and we want to ensure that your experience is nothing but exceptional. To get started, please take a moment to read these Terms and Conditions carefully.
These Terms and Conditions establish a legally binding agreement between you (whether as an individual or on behalf of an entity) and MediaCP (referred to as “we,” “us,” or “our”) regarding your access to and use of our website, including any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”).
By accessing the Site, you agree to comply with and be bound by these Terms and Conditions. If you do not agree with any part of these Terms and Conditions, we kindly ask that you refrain from using the Site.
Please note that we may change or modify these Terms and Conditions at any time and for any reason at our sole discretion. Please periodically review these Terms and Conditions to stay informed of any updates. By continuing to use the Site after any changes or modifications have been made, you will be deemed to have accepted the revised Terms and Conditions.
We may also post supplemental terms and conditions or documents on the Site from time to time, which are hereby expressly incorporated into these Terms and Conditions by reference.
Thank you for taking the time to review these Terms and Conditions. We hope you enjoy your time on our Site!
INTELLECTUAL PROPERTY RIGHTS
At MediaCP, we take great pride in the unique Content and Marks featured on our Site. The Content includes, but is not limited to, source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics. The Marks consist of the trademarks, service marks, and logos displayed on the Site. We either own or have obtained licenses to use the Content and Marks. They are protected by various intellectual property rights and unfair competition laws of the Czech Republic, foreign jurisdictions, and international conventions. Please note that the Content and Marks are provided on the Site “AS IS” for your personal and informational use only. You agree that you will not copy, reproduce, aggregate, republish, upload, post, publicly display, encode, translate, transmit, distribute, sell, license, or otherwise exploit any part of the Site, the Content, or the Marks for any commercial purpose without our express prior written permission, except as otherwise provided in these Terms and Conditions. We take intellectual property rights seriously and reserve the right to take legal action against anyone violating these provisions.
USER REPRESENTATIONS
At MediaCP, we value honesty and integrity and expect the same from our users. By using our Site, you represent and warrant that you will provide us with true, accurate, current, and complete registration information and promptly update it as necessary to maintain its accuracy. You also confirm that you have the legal capacity to enter into this agreement and agree to comply with these Terms and Conditions.
We take the safety and security of our users seriously, which is why we require that you are at least 18 years old or of legal age in your jurisdiction to use our Site. You must have received parental permission to use our services if you are a minor. We also require that you do not access our Site through automated or non-human means, whether through a bot, script, or otherwise.
Additionally, we ask that you use our Site responsibly and lawfully. You agree not to use the Site for any illegal or unauthorized purposes and to comply with all applicable laws and regulations. If you provide us with any information that is untrue, inaccurate, not current, or incomplete, we reserve the right to suspend or terminate your account and refuse any and all current or future use of our Site.
USER REGISTRATION
We are thrilled to have you as a member of our community! To access certain features of the Site, you may be required to register with us. Rest assured; we take the privacy and security of your personal information seriously.
As part of the registration process, you will be asked to select a username and password. Please keep this information confidential and do not share it with anyone. You are solely responsible for all activity that occurs under your account, so please take appropriate measures to ensure its security.
In the unlikely event that we determine your chosen username to be inappropriate, obscene, or otherwise objectionable, we reserve the right to remove or change it.
PROHIBITED ACTIVITIES
We make the Site available to you for specific purposes, and you agree not to use it for any other purpose. You may not use the Site for any commercial activities unless we have given you express written permission to do so.
As a user of the Site, you agree to the following:
You will not systematically retrieve data or Content from the Site to create a collection, compilation, database, or directory without our written permission.
You will not make any unauthorized use of the Site, including collecting usernames and email addresses of users for the purpose of sending unsolicited emails or creating user accounts by automated means or under false pretenses.
You will not use a buying agent or purchasing agent to make fraudulent purchases on the Site.
You will not use the Site for advertising or offering to sell goods and services.
You will not circumvent, disable, or interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any content or enforce limitations on the use of the Site and/or its Content.
You will not engage in unauthorized framing of or linking to the Site.
You will not trick, defraud, or mislead other users or us, especially in any attempt to learn sensitive account information such as user passwords or use two hosting accounts on one IP address.
You will not make improper use of our support services or submit false reports of abuse or misconduct.
You will not engage in any automated use of the system, such as using scripts to send comments or messages or using any data mining, robots, or similar data gathering and extraction tools.
You will not interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
You will not attempt to impersonate another user or person or use the username of another user.
You will not use any information obtained from the Site in order to harass, abuse, or harm another person.
You will not use the Site as part of any effort to compete with us or otherwise use the Site and/or its Content for any revenue-generating endeavor or commercial enterprise.
You will not attempt to decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
You will not attempt to bypass any measures of the Site designed to prevent or restrict access to the Site or any portion of the Site.
You will not harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
You will not delete the copyright or other proprietary rights notice from any content.
You will not copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
You will not upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
You will not upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
Except as may be the result of the standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including, without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
Use the Site in a manner inconsistent with any applicable laws or regulations.
THIRD-PARTY WEBSITES AND CONTENT
The Site may contain links to Third-Party Websites and Third-Party Content that belong to or originate from third parties. Such Content is not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us. We want you to be aware that we do not endorse or approve of any Third-Party Websites or Third-Party Content accessed through the Site.
By accessing or using Third-Party Websites or installing Third-Party Content, you do so at your own risk. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases, which are exclusively between you and the applicable third party.
You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites, and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or Third-Party Content does not imply approval or endorsement thereof by us. We are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the Content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.
By agreeing to these Terms and Conditions, you acknowledge that we have no control over Third-Party Websites and Third-Party Content, and we assume no responsibility for any harm or damage caused by or arising from such Content. We strongly recommend that you exercise caution when accessing Third-Party Websites and Third-Party Content and that you carefully review the terms and policies of any website that you navigate from the Site.
SITE MANAGEMENT
We take the management of this Site seriously and reserve the right, but not the obligation, to ensure that it is being used in accordance with these Terms and Conditions. This includes the right to:
(1) Monitor the Site for any violations of these Terms and Conditions; (2) Take appropriate legal action against anyone who violates these Terms and Conditions, including reporting such violations to law enforcement authorities; (3) Refuse or restrict access to your Contributions or any portion thereof, or to disable them entirely, in our sole discretion and without limitation; (4) Remove, or otherwise disable, all files and Content from the Site that are excessively large or burdensome to our systems, in our sole discretion, and without notice or liability; (5) Manage the Site in a way that protects our rights and property and ensures that it operates correctly.
PRIVACY POLICY
At this Site, we take data privacy and security very seriously. Please review our Privacy Policy, which is posted on the Site. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms and Conditions. Please be aware that the Site is hosted in the Czech Republic.
Furthermore, we do not knowingly accept, request, or solicit information from children, nor do we knowingly market to children. In compliance with the Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the requisite and verifiable parental consent, we will promptly delete that information from the Site.
DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY
As a hosting platform, we respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify our Designated Copyright Agent using the contact information provided below (a “Notification”).
We will send a copy of your Notification to the person who uploaded or stored the material addressed in the Notification. Please note that if you make material misrepresentations in a Notification, you may be held liable for damages pursuant to the law. Thus, if you are not sure whether material located on or linked to by the Site infringes your copyright, you should consider contacting an attorney first.
TERM AND TERMINATION
These Terms and Conditions will remain in effect while you use the Site. However, we reserve the right, without notice or liability, to deny access to and use of the Site, including blocking certain IP addresses, to any person for any reason or for no reason, including without limitation, for any violation of these Terms and Conditions or any applicable law or regulation.
We may terminate your use or participation in the Site or delete any content or information that you posted at any time, without warning, in our sole discretion. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.
In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including, without limitation, pursuing civil, criminal, and injunctive redress.
MODIFICATIONS AND INTERRUPTIONS:
We strive to provide you with the best possible experience while using our Site. However, we reserve the right to modify or discontinue any part of the Site at any time and without prior notice. This includes changing, revising, updating, suspending, discontinuing, or otherwise modifying the Site for any reason at our sole discretion. We are under no obligation to update any information on the Site, and we will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.
While we aim to keep the Site running smoothly, we cannot guarantee that the Site will be available at all times. Technical issues such as hardware or software problems or maintenance work may result in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site.
Nothing in these Terms and Conditions shall obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.
GOVERNING LAW:
These Terms and Conditions, as well as your use of the Site, shall be governed by and construed in accordance with the laws of the Czech Republic, applicable to agreements made, and to be entirely performed within the Czech Republic, without regard to its conflict of law principles.
DISPUTE RESOLUTION:
In the event of any legal action, the Parties agree that such action shall be commenced or prosecuted in the Czech Republic. Both Parties consent to and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such courts.
The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) does not apply to these Terms and Conditions. Additionally, no claim, action, or proceeding related to the Site shall be commenced more than one (1) year after the cause of action arose.
CORRECTIONS:
Occasionally, there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time without prior notice.
CONDITIONS OF USE AND COPYRIGHT
MediaCP provides audio-phonic transmission services via the internet to its customers. By using our services, you agree to be bound by these terms and conditions.
Content and Copyright
MediaCP is not responsible for the Content transmitted, broadcasted, and/or published by the customer. The customer is solely responsible for obtaining all proper licenses, entitlements, and agreements allowing them to legally broadcast audio-phonic transmission via the internet and for covering all required royalties.
Service Limits
Customers are responsible for monitoring the limits assigned to their service. If these limits are exceeded, the service may be turned off automatically.
Compliance with Rules and Laws
MediaCP reserves the right to block and prevent the hosting of radio or TV broadcasts in case of violation of our server rules and the laws of the Czech Republic. We may also block such broadcasts if the server administrator finds them inadmissible in any direction. MediaCP – Media Server Hosting bears no responsibility for possible unavailability of services or instability of the connection to the MediCP – Server Hosting service is located in Europe, customers from other parts of the country may experience outages and unavailability of services, this applies to South and North America
Refund Policy
If the subscriber cancels radio hosting within three (3) calendar days of registration, they will receive a full refund of all fees paid in connection with the registration upon request. However, there is no refund policy for a radio or television server, whether for one-time or annual payments. We do not refund money after completing the order and activating the product because the hosting/accessories offered are intangible and non-refundable goods. We recommend contacting support before purchasing.
Service Availability and Malfunctions
MediaCP is not liable for any damage or loss suffered by the customer resulting from the service’s unavailability, malfunction, or the customer’s ignorance or incompetence. If the service is not functional or shows errors, the customer has the right to terminate the service, and the last payment for the service will be refunded in full.
Server Use and Verification
Each user can have a maximum of one free server. Multiple free servers under one account or IP will be automatically deleted. If the server is inactive for more than 48 hours, it will be automatically deleted from the account. The same goes for unverified emails.
DISCLAIMER
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, PERSONAL INJURY, OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY PERSONAL OR FINANCIAL INFORMATION STORED THEREIN, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE.
WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING. WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. OUR SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS, AND YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. THEREFORE, WE CANNOT GUARANTEE THE ACCURACY, COMPLETENESS, OR RELIABILITY OF THE SITE’S CONTENT OR ANY LINKED WEBSITES, AND WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS.
WE ALSO DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE WILL NOT BE LIABLE FOR ANY PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS, AND/OR ANY PERSONAL OR FINANCIAL INFORMATION STORED THEREIN, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, OR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY.
WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING. WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
PLEASE NOTE THAT OUR REFUND POLICY DOES NOT APPLY TO RADIO OR TELEVISION SERVERS, WHETHER A ONE-TIME OR ANNUAL PAYMENT. SINCE THE HOSTING AND ACCESSORIES OFFERED ARE INTANGIBLE AND NON-REFUNDABLE GOODS, WE DO NOT REFUND MONEY AFTER COMPLETING THE ORDER AND ACTIVATING THE PRODUCT. BEFORE PURCHASING, WE RECOMMEND CONTACTING OUR SUPPORT TEAM.
FINALLY, WE RESERVE THE RIGHT TO BLOCK AND PREVENT THE HOSTING OF RADIO OR TV IF THERE IS A VIOLATION OF THE RULES OF OUR SERVER OR THE LAWS OF THE CZECH REPUBLIC OR IF WE FIND THE BROADCASTING OF RADIO OR TV TO BE INADMISSIBLE IN ANY DIRECTION. WE WILL NOT BE LIABLE FOR ANY DAMAGE OR LOSS SUFFERED BY THE CUSTOMER RESULTING FROM THE SERVICE’S UNAVAILABILITY, MALFUNCTION, OR THE CUSTOMER’S IGNORANCE, OR INCOMPETENCE. IF THE SERVICE IS NOT FUNCTIONAL OR SHOWS ERRORS, THE CUSTOMER HAS THE RIGHT TO TERMINATE THE SERVICE, AND THE LAST PAYMENT FOR THE SERVICE WILL BE REFUNDED IN FULL.
LIMITATIONS OF LIABILITY
We want to make it clear that we are not responsible for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages that may arise from your use of our Site. This includes but is not limited to lost profits, lost revenue, loss of data, or any other damages. We cannot be held liable even if we have been advised of the possibility of such damages.
INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless from and against any loss, damage, liability, claim, or demand made by any third party. This includes reasonable attorney fees and expenses resulting from (1) your contributions, (2) use of the Site, (3) breach of these terms and conditions, (4) any breach of your representations and warranties set forth in these terms and conditions, (5) your violation of the rights of a third party, including but not limited to intellectual property rights, or (6) any overt harmful act toward any other user of the Site with whom you connected via the Site.
We reserve the right to assume exclusive defense and control of any matter for which you are required to indemnify us. You agree to cooperate with us in defending such claims.
USER DATA
We will maintain certain data that you transmit to the Site for the purpose of managing the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data.
MISCELLANEOUS
These terms and conditions constitute the entire agreement and understanding between you and us. We reserve the right to assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these terms and conditions is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these terms and conditions and does not affect the validity and enforceability of any remaining provisions.
There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these terms and conditions or use of the Site. You agree that these terms and conditions will not be construed against us by virtue of having drafted them. By using our Site, you waive any and all defenses you may have based on the electronic form of these terms and conditions and the lack of signing by the parties hereto to execute these terms and conditions.
CONTACT US
If you have any questions, comments, or concerns about these terms and conditions, please feel free to contact us Email: [email protected]
