A great service is more than the effort of one person, it is the combined effort of a great team, who are talented people that not only have a passion for the work they do but a passion to do whatever it takes to deliver above customer expectations, only with that combination can you offer a truly great service.
I. Basic Terms
- The Dribb website available at Dribb.com belongs to Atlantis hereinafter referred to as the Operator.
- These TOS determine the conditions of cooperation between the Operator and the Customer.
- The Customer has to provide real, complete and up-to-date personal data on the registration form. The personal data enables electronic and telephone contact with the Customer and provide a basis for generating invoices.
- Should the above-mentioned personal data change during the use of the Service, the Customer is obliged to inform the Operator about the changes.
- The Customer should not harm the interests of the Operator in any way.
- The Customer should read the Help section available on the Operator's website before he starts using the Service.
- The Customer should look for an answer in the Help section of the Operator's website before submitting a support request to Dribb.com Support Team (which will be hereinafter referred to as the Support Team).
- The Operator does not carry the responsibility for any damage resulting from the Customer's ignorance or incompetence.
- The Operator does not carry the responsibility for any damage caused as a result of random events, natural disasters, actions of third parties, human error and due to force majeure.
- At the moment of the conclusion of the cooperation between the Operator and the Customer, the Operator will send all data necessary to access and use the Service to the e-mail address entered in the registration form by the Customer.
- These TOS are the basis for settling any disputes between the Customer and the Operator and should they be treated as an ultimate reference.
- If the Customer breaches these TOS, the Operator can terminate the Service before the end of billing cycle and/or close the Customer's Billing Account.
- If the Service has been terminated due to a breach of the TOS by the Customer, the Customer looses the fee paid for the Service.
- The Customer agrees to the processing of his personal data by the Operator.
- The Operator stores personal data of the Customer, including IP addresses used to access his Billing Account and server account.
- The Operator keeps the Customer's personal data in his system for unlimited time.
- The Customer's personal data, which the Customer enters in the registration form is treated as confidential and may be used only by the Operator.
- The Operator does not share the Customer's personal data with third parties with the exception of the point 7 article II. of the TOS.
- The Operator does not share nor sell the Customer's personal data for the marketing purposes.
- In the cases of law infringement, the Operator can share the Customer's personal data with appropriate law enforcement authorities.
III. Streaming, Content and Copyright
- The Operator does not carry the responsibility for content transmitted, broadcasted and/or published by the Customer.
- The Customer is solely responsible for having proper licenses, entitlements and appropriate agreements that cover royalties and allow the Customer to a broadcast an audio-phonic transmission via the Internet legally.
- The Customer is obliged to observe of the bitrate limit assigned to his Service. If the bitrate limit is exceeded, the server will be turned off automatically by Centova Cast system.
- If the customer uploads files that are not audio files and cover art images, the Operator can remove such files from the server without any notice to the Customer and suspend or terminate of the Service. This regulation does not apply to the Web Hosting Service.
- If the Customer uploads and/or collects illegal files on the server, the Service will be terminated immediately.
- The content that you broadcast or/and publish may not contain, nor provide references to any of the following:
- anything illegal;
- racism, Nazism, antisemitism, praise of terrorism, religious extremism;
- child pornography, pornography, sexually suggestive and erotic content;
- obscene material, bestiality;
- material that you don't have the right or authorization to use;
- hate propaganda;
- material insulting, or that could be considered defamatory or libelous, to other persons, institutions or companies;
- material that exploits children;
- materials infringing the intellectual property rights or third parties, including, but not limited to, trademarks, personality rights, names of individuals, publicity rights, logos, graphics, designs, films and copyrighted music - unless you have obtained a licensing from appropriate organizations.
- If the Customer uses a relay server to a radio stream not belonging to the Customer, the Customer is obliged to have a written consent from the owner of such stream.
IV. General Conditions
- The Operator undertakes to provide the Service of the highest possible quality.
- The Operator undertakes to provide a constant protection of the Service from DDoS attacks.
- The Customer can upgrade and downgrade the Service at any time.
- If the Customer downgrades the Service, he agrees to loose all the features and Add-ons included for the Service from which he downgrades but not included for the Service to which he downgrades.
- The above-mentioned regulation does not apply to Add-ons purchased as separate Add-ons to the Service.
- The Operator reserves the right to make a technical break, also without any notification to the Customer, when it is required for the Service maintenance.
- The Operator undertakes to avoid technical breaks unless they are necessary and to limit their duration to the minimum in order to minimalise the inconvenience experienced by the Customer.
- The Service may not work correctly or it can be completely unavailable during technical breaks.
- The Operator does not carry the responsibility for any losses incurred by the Customer, including but not limited to financial losses, caused by the Service's malfunctions and/or the Service's unavailability.
- The Operator does not carry responsibility limitations, errors, bugs and malfunctions of a software or/and services provided by a third-party.
- If, regardless the reason, the Operator terminates the Service, all the files uploaded onto the server by the Customer will be permanently removed.
- If the Operator registers actions which detriment the Operator or may negatively affect other Customers (e.g. that cause a server overload), the Service may be suspended, terminated or re-installed without a prior notice to the Customer.
V. Technical Conditions
- The default limit of listener connections for the unlimited Service is up to 1000 connections at one time in order to provide a protection from server overload and attacks.
- When the Service reaches the limit of 1000 listener connections, the Operator may raise the number of slots at the Customer's request.
- If the number of listener slots has been increased by the Operator above the default limit of 999, the Operator reserves the right to temporarily limit it back to 999 when he detects an attack, a server overload or/and other circumstances that negatively affect other Customers.
- The actual AutoDJ disk capacity for the unlimited Service equals the currently available disc space for a given machine shared by all the Customers using this machine.
- The Operator does not carry the responsibility for losing the Customer's files and does not make any backup of files uploaded by the Customer.
- The Operator does not carry the responsibility for AutoDJ failures caused by improper or corrupted files.
- The Operator reserves the right to reinstall the Service onto a different machine if the Customer requests more listener slots than the default number.
- The Operator reserves the right to reinstall the Service onto a different machine, when a machine on which the Service has been installed reaches the limit of bandwidth, disc space, CPU usage or/and RAM usage.
- The Operator reserves the right to reinstall the Service onto a different machine if a technical failure of a machine occurs.
- If the Service has to be reinstalled, the Operator undertakes to transfer files uploaded by the Customer. For technical reasons, the settings and playlists cannot be transferred.
- The Operator reserves the right to change the details of the Service, such as the IP address, port number, stream links, etc. during the use of the Service when required for technical reasons.
VI. Free Service and Free Add-ons
- Free Services may be time-limited.
- The Operator reserves a right to terminate Free Service at any time without providing reasons and without any notice to the Customer.
- Despite the Operator's best efforts, the Operator can not guarantee that Free Services and Free Add-ons will work entirely properly.
- The Operator does not guarantee that Free Add-ons will be available all the time during the use of the Service.
- The Operator does not guarantee the offered parameters of Free Services and Free Add-ons.
VII. Reseller Service
- The Customer who have a Reseller Service carries the responsibility for the activity and actions performed by their customers or/and users.
- The Customer who have a Reseller Service is obliged to create and configure server accounts for his users correctly.
- The Operator does not provide technical assistance for Reseller's customers and users.
VIII. Mobile App and other Add-ons
- The details required to create a Mobile App have to be submitted by the Customer using the forms send by the Operator by email after the purchase of the App or the Service that includes Mobile Apps. Other inquiries, through chat, private emails or any other way are not acceptable.
- It is the Customer's responsibility to provide all details necessary to create the Mobile App, including but not limited to a working stream URL, otherwise, the Operator will not create the App.
- Android Mobile App and iPhone Mobile App are usually created within 7 working days from the day that all details required to create the Mobile App are submitted and accepted, this is not a guaranteed timeline.
- The above-mentioned 7 days period does not include the time required to review and publish the Apps by Apple and Google.
- The review/acceptation time for both Android Mobile App and iPhone Mobile App is not dependent on the Operator and therefore it can not be a subject of complaint.
- Mobile App is designed one time only. Any updates after App have been created require an update, updates are free.
- Despite Operator's best efforts, Android Mobile App may not work correctly on certain Android devices because of the variety of OS builds, releases, various brand-restrictions and other factors non dependent on the Operator.
- Android Mobile App is designed to work on smartphone devices with Android system and it does not have to be compatible with other Android devices (tablets etc).
- iPhone Mobile App is designed to work on iPhone smartphone and iPod devices only and it does not have to be compatible with other iOS devices (iPad, Apple TV etc).
- By purchasing a service that includes the Mobile App, the Customer accepts the fact that it will be created on the basis of the Demo App available via the on the Operator's website.
- If the Customer requires any additional, non-standard adjustments in the App, they needs to be discussed and accepted before the purchase and will be implemented depending on the Operator's capabilities.
- Unfamiliarity with technical limitations of the Mobile App and its layout is not a reason for claims.
- The Customer has no right to claim if a Mobile App is removed from Google Play or Apple App Store by the owners of these services or/and, regardless the reason, if the owners of these services refuse the publish a Mobile App created for the Customer.
- AutoDJ MP3 Key is optional for SHOUTcast V2 and it is necessary to broadcast in MP3 audio format using sc_trans AutoDJ software.
- The functioning of the AutoDJ MP3 Key is not dependent on the Operator, but on SHOUTcast software owner.
- The Customer is obliged not to share nor sell the AutoDJ MP3 Key offered by the Operator with third parties, however, it can be used for services not provided by the Operator.
- One AutoDJ MP3 Key can be used for all user accounts created using the Reseller Service but it can not be distributed separately.
IX. Web Hosting & Web Design Service
- For Web Hosting Service, the role of the Operator is limited to providing Web Hosting and a working cPanel that can be used by the Customer to manage his website, the Customer is solely responsible for the design of his website and managing his website.
- For Web Design Service, the role of the Operator is to provide the Website Design Service, including creating and setup of the website, the Operator is also responsible for performing all updates, the Customer must provide all updates beforehand.
- The Operator is not responsible for any changes done by the Customer when the Customer is on the Wed Design Monthly Service, this includes broken design caused by a Customer update.
- Assigned Web Hosting space may only be used only for web files and graphic files.
- Uploading different kinds of files than web files and graphic files is prohibited.
- Web Hosting Service is not designed for hosting files available for the sole purpose of sharing and/or downloading.
- Uploading any illegal files, illegal software, warez or hacked software and publishing any illegal serial numbers, mail fraud or pyramid schemes will cause an immediate termination of the Web Hosting Service.
- Customer may not upload any files larger than 10MB each.
- The Operator reserves the right to suspend the Web Hosting Service for the Customer when he observes an exceptionally high level of network traffic that could negatively affect other Customers.
- The Operator does not collect card data from the Customer.
- The Customer agrees to be billed in advance in accordance with details provided in the “Order Confirmation” email.
- The Customer may change the billing cycle during the use of the Service.
- The Customer is not obligated to create any subscriptions or automatic payments and they will not be created until the Customer uses a subscribe option.
- If the Customer created any subscriptions or automatic payments, he is solely responsible for managing them.
- The Customer is responsible for canceling or adjusting subscriptions and/or automatic payments to match any changes in the Service.
- The Customer that cancels the Service is obligated to cancel all automatic payments and/or subscriptions related to the Service.
- If the Customer downgrades the Service, he is obligated to cancel or adjust all automatic payments and/or subscriptions related to the Service.
- Credits may be used to purchase services offered by the Operator and they will automatically pay invoices generated after credits have been added.
- The Customer is entitled to receive a refund if he resigns from a newly purchased Service and submits a refund request within 24 hours from making the payment. After 24 hours, the Customer irreversibly looses the right to claim a refund.
- In order to receive the above-mentioned refund, the Customer has to notify the Operator via the contact form available on the Operator's website within 24 hours from making the payment.
- All payments that do not fulfill the above-mentioned conditions are not refundable.
- Payments for additional services are not refundable, Payments for Wed Design Service are not refundable.
- The Customer who has used and/or tested the newly purchased Service and resigned from the service within 24 hours from making the payment maintains the right to receive a refund.
- Payments made using Western Union can be refunded only to the Customer's credits.
- Overpayment's that are an effect of unnecessary subscriptions or/and recurring payments will be added to the Customer's credits that are not refundable.
- Demanding a refund from the payment operator (a claim, dispute or charge-back) may result in an immediate suspension or termination of the Service.
- When the Customer cancels the Service before the end of the Billing Period or downgrades the Service before the end of the Billing Period, the Customer agrees to lose the fee that cannot be prorated and refunded.
XII. Billing Account
- The Billing Account is created automatically when the Customer registers on the Operator’s website.
- The Customer's Billing Account does not have a validity period. It can be closed at a Customer's request.
- One e-mail address allows to register once on the Operator's website and it can be used to create only one Billing Account.
- The Operator does not carry the responsibility for effects of unauthorized access that is a result of revealing the login details to a third party.
- If the Customer creates more than one Billing Account, the Operator reserves the right to merge the accounts, also without any notice to the Customer.
- The Customer agrees to receive electronic invoices via email every billing cycle until he resigns from the Service.
- The Customer can resign from the Service at any moment.
- Payments made through PayPal and Stripe (Credit Card Option) are registered automatically within the time dependent on the payment operator or/and the Customer's bank.
- The Customer is obligated to notify the Operator about manual PayPal payments (PayPal’s “Send Money” option).
- The Customer that uses Western Union as the payment method is obliged to notify the Operator and to provide a scan or a photograph of the payment confirmation.
- Manual PayPal payments or Western Union payments are not registered automatically are usually added to an invoice within 7 days.
XIII. Affiliate Program
- Affiliate Program is optional and free to join.
- In order to join the program, the Customer has to accept the Terms of Affiliate Program available through his Billing Account.
XIV. Suspension & Termination of the Service
- If the Operator does not register a payment of the invoice within 3 days after the due date, the Service will be suspended automatically and a £5.00 late payment fee will be added to overdue invoices.
- Under special circumstances, the Operator may occasionally temporarily withhold the suspension of the Service on a Customer's request.
- If the Operator does not register a payment of the invoice within a total of 13 days after the due date, the Service will be terminated.
- If the Customer submitted the Cancellation Request - Immediate, the Service will be irrevocably deleted after the acceptance of the request by the Support Team.
- If the Customer submits the Cancellation Request - End of Billing Period, the Operator reserves the right to terminate the Service before the end of the billing period if the Customer does not respond to messages and other contact attempts made by the Operator.
XV. Customer Support and Contact
- The main forms of contact with the Support Team are the contact form available on the Operator's website and the email address: [email protected]
- The main form of contact with the Operator is the above-mentioned email address.
- To contact the Support Team, the Customer should use the email address entered in his Billing Account details.
- The above-mentioned email address or a client ID should be quoted when obtaining support over the phone or LiveChat.
- The Operator reserves the right to verify the Customer before providing any further support.
- The Operator undertakes to answer the messages and Support Tickets without undue delay during the Operator's office hours.
- The Operator's current office hours are published on the Operator's website.
- Despite the Operator's effort to provide support every day, the Operator reserves the right to limit the availability during national holidays, vacations, due to other occasions and due to force majeure.
- LiveChat support is an additional form of the Customer support and, despite Operator's best efforts, from time to time, they can be unavailable during the Operator's office hours.
- The Support Team can offer limited support or refuse providing support regarding a third party's software, products and services. This regulation also applies to the configuration of AutoDJ playlists.
- The Operator undertakes to treat the Customer in a polite manner following generally accepted customer service standards.
- The Operator reserves the right to refuse providing support, and block or ban the Customer if he insults members of the Support Team and/or does not address them in a respectful manner.
- The Operator provides support in the English language only. If the Customer attempts to contact the Support Team in a different language, or does not express himself clearly, the Operator may refuse providing support.
- If the Customer provides his email address, he automatically agrees to receive system generated emails, marketing emails and other messages related to the Service.
- If the Customer does not wish to receive marketing emails he can use the unsubscribe option available through his Billing Account.
- If the Customer provides his telephone number, he automatically agrees to receive SMS messages related to the Service.
- If the Customer does not wish to receive above-mentioned SMS messages he has to disable the SMS Alert option in his Billing Account or submit an appropriate request to the Support Team.
- If the Customer provides his telephone number, he automatically agrees to be contacted over the phone by the Support Team.
- If the Customer does not wish to be contacted over the phone he has to submit an appropriate request to the Support Team.
- Despite the best effort, the Support Team may be unable to help in certain cases.
XVI. Changes to the Terms of Service
- The Operator reserves the right to make changes in these TOS.
- The Operator undertakes to inform the Customer about any major and substantive changes in the Terms of Service at least 7 days before they become binding.
- The Customer will be informed about above-mentioned changes in the TOS via email, using the email address entered in the Customer's Billing Panel.
- The most current and binding version of the TOS is available on the Operator's website.
- Should any provision of these TOS be discovered null and void this shall not affect the validity of all remaining provisions and/or their fragments. Mistakes and typing errors reserved.
- These TOS become effective on February 10th 2017 and replace all Terms of Services and other regulations that have been published before February 10th 2017.
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