Terms of Service

1. General

These Terms of Service ("Terms") govern your access to and use of the OndaCast website located at ondacast.com, any associated mobile applications, and all related services (collectively, the "OndaCast Service"), operated by OndaCast ("OndaCast," "we," "us," or "our").

By accessing or using the OndaCast Service, you agree to be bound by these Terms. If you do not agree to all of these Terms, you are not authorized to use the OndaCast Service. These Terms apply to all visitors, users, and others who access the OndaCast Service, whether or not they have created an account.

The OndaCast Service may contain links to third-party websites or services that are not owned or controlled by OndaCast. We assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that OndaCast shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such websites or services.

2. Description of Service

OndaCast is a free internet radio and media aggregation platform that provides access to live radio streams, podcasts, audiobooks, and live TV channels from around the world. OndaCast does not create, own, host, or control the audio or video content streamed through the platform. All streams originate from third-party radio stations, podcast producers, broadcasters, and content providers.

We act as a directory and discovery service, helping users find and listen to publicly available streams. The availability, quality, legality, and content of streams are controlled by the respective broadcasters and are subject to change without notice. The OndaCast Service is provided for your personal, non-commercial use only. Any commercial use of the OndaCast Service requires a separate written agreement with OndaCast.

The audiobooks accessible through OndaCast are public domain works hosted by the Internet Archive (archive.org). Most are narrated by volunteers through the LibriVox project (librivox.org). OndaCast does not produce, narrate, edit, host, or store any audiobook files. As a directory service, OndaCast merely facilitates access to these freely available recordings and assumes no responsibility or liability for errors, omissions, inaccuracies, or quality issues in the narration, text interpretation, or audio production of any audiobook content. All audiobook content is provided "as is" without any warranty of accuracy, completeness, or fitness for any particular purpose.

3. Content

For purposes of these Terms, "OndaCast Content" refers to all text, audio, data, graphics, images, photos, videos, station metadata, user interface elements, and any other materials available through the OndaCast Service, excluding User Submissions. "User Submissions" refers to any content that users submit, post, or otherwise make available through the OndaCast Service, including but not limited to comments, reviews, ratings, collections, profile information, and feedback.

You understand and agree that the OndaCast Service and all OndaCast Content may be protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any OndaCast Content accessed through the OndaCast Service.

OndaCast reserves the right to remove and permanently delete any OndaCast Content or User Submissions from the OndaCast Service at any time and for any reason, without notice or liability to you.

4. Content Ownership & License

OndaCast does not claim ownership of any User Submissions you post on or through the OndaCast Service. However, by posting, uploading, or otherwise making available any User Submissions on or through the OndaCast Service, you hereby grant OndaCast a non-exclusive, transferable, worldwide, royalty-free license (with the right to sublicense) to use, copy, modify, create derivative works based on, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Submissions in all formats and distribution channels now known or hereafter devised, without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

You represent and warrant that: (a) you own the User Submissions posted by you on or through the OndaCast Service or otherwise have the right to grant the license set forth in this section; (b) the posting and use of your User Submissions does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person or entity; and (c) the posting of your User Submissions does not result in a breach of contract between you and a third party.

Subject to the license granted to OndaCast in these Terms, the author or creator of a User Submission retains ownership of such User Submission. OndaCast owns all right, title, and interest in and to the OndaCast Service and the OndaCast Content, including all intellectual property rights therein.

5. OndaCast Applications

OndaCast may offer a Progressive Web Application (PWA) or native applications for mobile devices (collectively, "OndaCast Apps"). Subject to your compliance with these Terms, OndaCast grants you a limited, non-exclusive, non-transferable, revocable license to install and use the OndaCast Apps on devices you own or control, solely for your personal, non-commercial purposes.

You shall not: (a) copy, modify, or distribute OndaCast Apps; (b) attempt to derive the source code of, reverse engineer, or disassemble any OndaCast App; (c) make any modification, adaptation, improvement, enhancement, translation, or derivative work of any OndaCast App; (d) remove, alter, or obscure any proprietary notice of OndaCast or its affiliates; or (e) use any OndaCast App for any commercial purpose or for the benefit of any third party.

6. Feedback

If you provide OndaCast with any feedback, suggestions, ideas, or proposals ("Feedback"), you hereby grant OndaCast a perpetual, irrevocable, non-exclusive, worldwide, royalty-free, fully paid-up, transferable, and sublicensable license to use, reproduce, modify, adapt, publish, distribute, and display such Feedback for any purpose, without compensation, attribution, or obligation to you. You agree that OndaCast may use Feedback without restriction and without any duty of confidentiality.

7. User Accounts

Creating an account on OndaCast is optional. An account allows you to access personalization features such as saving favorite stations, creating collections, tracking listening history, syncing podcast progress, and receiving tailored recommendations.

If you create an account, you are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Providing accurate and current information
• Notifying us immediately of any unauthorized use of your account

You may not use another person's account without permission. OndaCast reserves the right to suspend or terminate accounts that violate these Terms, that contain false information, or that have been inactive for an extended period, at our sole discretion.

8. Acceptable Use

You agree to use the OndaCast Service only for lawful purposes and in accordance with these Terms. You agree not to:

• Scrape, crawl, spider, or use any automated tool to extract data from OndaCast without our prior written consent
• Redistribute, rebroadcast, or re-stream any content accessed through OndaCast
• Copy, store, or download any OndaCast Content for redistribution or commercial purposes
• Attempt to interfere with, compromise, or disrupt the OndaCast Service or its infrastructure, including by introducing malware, viruses, or other harmful code
• Access or attempt to access any systems, programs, data, or services not made available for public use through the OndaCast Service
• Use the OndaCast Service to infringe upon the rights of any third party, including intellectual property rights, privacy rights, or publicity rights
• Impersonate any person or entity, or falsely state or misrepresent your affiliation with a person or entity
• Send unsolicited communications, promotions, advertisements, or spam through the OndaCast Service
• Use the OndaCast Service for any commercial purpose without our express written permission
• Circumvent or disable any content protection, digital rights management, security, or access-control features of the OndaCast Service
• Create multiple accounts for the purpose of manipulating ratings, reviews, or other community features
• Post or transmit content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable

9. Termination

OndaCast may, in its sole discretion, at any time and for any or no reason, suspend or terminate your account (or any part thereof) or your use of the OndaCast Service and remove and discard any content within the OndaCast Service. OndaCast may also, in its sole discretion, discontinue providing the OndaCast Service, or any part thereof, with or without notice. You agree that any termination of your access to the OndaCast Service may be effected without prior notice and that OndaCast 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 OndaCast Service.

Further, you agree that OndaCast shall not be liable to you or any third party for any termination of your access to the OndaCast Service. Upon termination, your right to use the OndaCast Service will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including without limitation, ownership provisions, warranty disclaimers, indemnification, and limitations of liability.

10. Modifications to Service and Terms

OndaCast reserves the right to modify or discontinue, temporarily or permanently, the OndaCast Service (or any part thereof) at any time with or without notice. You agree that OndaCast shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the OndaCast Service.

OndaCast reserves the right, at its sole discretion, to change, modify, add, or remove portions of these Terms at any time. When we make material changes, we will update the "Last updated" date at the top of this page and, where appropriate, provide notice through the OndaCast Service. It is your responsibility to check these Terms periodically for changes. Your continued use of the OndaCast Service following the posting of changes constitutes your acceptance of those changes.

11. Disclaimer of Warranties

The OndaCast Service is provided on an "as is" and "as available" basis, without warranties of any kind, either express or implied. To the fullest extent permissible under applicable law, OndaCast disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

OndaCast does not warrant that: (a) the OndaCast Service will be uninterrupted, timely, secure, or error-free; (b) the results obtained from use of the OndaCast Service will be accurate or reliable; (c) the quality of any content, products, services, information, or other material obtained through the OndaCast Service will meet your expectations; or (d) any errors in the OndaCast Service will be corrected.

No advice or information, whether oral or written, obtained by you from OndaCast or through the OndaCast Service shall create any warranty not expressly stated herein.

12. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall OndaCast, its officers, directors, employees, agents, partners, suppliers, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from: (a) your access to, use of, or inability to access or use the OndaCast Service; (b) any conduct or content of any third party on the OndaCast Service; (c) any content obtained from the OndaCast Service; or (d) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage.

In no event shall OndaCast's total aggregate liability to you for all claims arising out of or relating to the use of or inability to use the OndaCast Service exceed the greater of: (a) the amounts you have paid to OndaCast, if any, in the twelve (12) months preceding the claim; or (b) fifty U.S. dollars ($50.00). The limitations of this section shall apply to any theory of liability, whether based on warranty, contract, statute, tort, or otherwise, and whether or not OndaCast has been informed of the possibility of any such damage.

13. Indemnification

You agree to defend, indemnify, and hold harmless OndaCast, its officers, directors, employees, agents, licensors, and suppliers from and against any and all claims, damages, obligations, losses, liabilities, costs, debt, and expenses (including but not limited to attorney's fees) arising from: (a) your use of and access to the OndaCast Service; (b) your violation of any term of these Terms; (c) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (d) any claim that your User Submissions caused damage to a third party. This defense and indemnification obligation shall survive these Terms and your use of the OndaCast Service.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Ohio, United States, without regard to its conflict of law provisions. The Federal Arbitration Act governs the interpretation and enforcement of the Dispute Resolution and Arbitration provisions of these Terms.

For any disputes not subject to arbitration, you agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in Lake County, Ohio.

15. Dispute Resolution & Arbitration

Please read this section carefully. It affects your legal rights, including your right to file a lawsuit in court.

You and OndaCast agree that any dispute, claim, or controversy arising out of or relating to these Terms or the OndaCast Service (collectively, "Disputes") will be resolved through binding individual arbitration rather than in court, except that: (a) you or OndaCast may assert individual claims in small claims court if such claims qualify; and (b) you or OndaCast may seek equitable relief in court for infringement or misuse of intellectual property rights.

FairClaims Arbitration

Any dispute, claim, or controversy under $25,000 in value arising out of or relating to these Terms, or the breach thereof, shall be settled by arbitration administered by FairClaims (www.fairclaims.com) in accordance with its Arbitration Rules & Procedures effective at the time a claim is made, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

The parties consent to electronic service of process to the email addresses on file. The delinquent party shall be responsible for any FairClaims fees and reasonable attorney's fees incurred by the prevailing party.

No Class Actions

You and OndaCast agree that each party may bring Disputes against the other only in an individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Unless both you and OndaCast agree otherwise, the arbitrator may not consolidate or join more than one person's or party's claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding.

Opt-Out

You may opt out of this arbitration agreement by sending written notice to [email protected] within thirty (30) days of first accepting these Terms. Your opt-out notice must include your full name, the email address associated with your OndaCast account (if any), and a clear statement that you wish to opt out of this arbitration provision. If you opt out, OndaCast also will not be bound by this arbitration provision.

16. DMCA / Copyright Policy

OndaCast respects the intellectual property rights of others and expects users to do the same. In accordance with the Digital Millennium Copyright Act ("DMCA"), OndaCast will respond expeditiously to claims of copyright infringement committed using the OndaCast Service. OndaCast has adopted a policy of terminating, in appropriate circumstances, the accounts of users who are deemed to be repeat infringers.

For full details on filing a DMCA notice or counter-notification, please see our Copyright Policy.

17. Miscellaneous

These Terms constitute the entire agreement between you and OndaCast regarding the use of the OndaCast Service, superseding any prior agreements between you and OndaCast relating to the same subject matter. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.

You may not assign or transfer these Terms, by operation of law or otherwise, without OndaCast's prior written consent. OndaCast may assign or transfer these Terms, in whole or in part, without restriction. The section titles in these Terms are for convenience only and have no legal or contractual effect. The English language version of these Terms shall control in the event of any conflict with a translated version.

18. Contact

If you have any questions about these Terms of Service, please contact us at: