Terms and Conditions
Custom Player is a trading name of Igniso Limited. Registered in England and Wales: 5687027.
The software is provided on a licensed service basis by Custom Player; a trading name of 'Igniso Limited' referred to hereafter as 'Custom Player', 'us', 'we' and 'the company', to the licensee referred to hereafter as 'the customer' and 'the client'.
We reserve the right to make alterations to this document whenever we deem reasonable. It is the clients sole responsibility to check this document for updates on a regular basis.
Last Updated: 23rd May 2007
The Software
The software may be redistributed to an unlimited amount of users. However, we will retain full copyright and ownership of the software and the executable supplied will remain our intellectual property at all times.
Under no circumstances may you resell our software or access to the control panel to any third party; with the exception of selling ability to download the software as a 'premium' option to your users.
The executable file supplied to the licensee will be in a '.exe' stand-alone form. The software source code is not supplied or available as part of the license. Modifying, decompling, reverse engineering, hex editing, resource editing of any kind to the executable file is stricly prohibited, with the exception of changing the filename.
Acceptable Use Policy
All licenses sold have a limit on concurrent connections. There is no limit on the total amount of people who may use or download the software over the period of each month. The word 'concurrent' refers to the maximum number of users who may run the software simaltaneously (at the same time).
Users found to be regularly exceeding their limit of concurrent connections will be contacted and asked to upgrade to a higher level. Failure to do so may result in the player being disabled by ourselves.
We do not actively monitor stream contents and all content broadcast is the sole responsibility of the client.
We do not provide any form of legal cover to individuals or companys who utilize our services to distribute content with any copyright protection.
Under no circumstances will Custom Player be responsible for the behaviour of our clients or their users when found to be broadcasting protected content. All licensing, copyright and royalty issues are the sole responsibility of the individual clients and/or their production entities.
The clients licensed copy of the Custom Player software should not be used or bear any relation to malicious purposes or illegal activity, these include but are not limited to;
- Spam and Unsolicited email
- Illegal Pornography
- Racism, Homophobia or Sexism
- Other Hate Crime or Unsociable Material
If contacted by an authority in the event of an illegal situation regarding any of the above, we will co-operate fully in any investigations they decide to make against clients found to be breaking the law.
Payments, Cancellation of license and Refunds
Payment for the license is calculated per-month and can be collected on a monthly, bi-monthly, quarterly or semi-annually or annually basis. All invoices sent to customers should be paid as per the due terms of the invoice. As per our pricing policy, we offer discounts to users who pay in advance for 3, 6 or 12 months.
All payments are processed by a third party payment processing company. Customers may choose to pay with either PayPal or 2Checkout.com. The security of your billing and credit card information lies soley with these 3rd party companys. We accept no responsibility for any damage, loss or disclosure of information caused as part of error, fault or malice of these companys.
We reserve the right to disable or terminate accounts without notice, which are not kept up to date on payments.
When service with us is cancelled by the client or payment is not recieved, all branding may be removed and the player will resort to our default branding as per the demonstration player on our website. Post cancellation, the player can be re-activated at any time by the client via our control panel with instant effect.
All payments made to us are non-refundable. Any questions or querys regarding the product, control panel or license should be directed to our pre-sales team before a purchase is made.
We reserve the right to cancel, disable or suspend the license if any breach of these terms and conditions is actioned by the licensee.
Other Concerns
We do not make any guarantee that our software will make you more money, gain you a higher listener/user base or increase your brands reputation, we are simply a service provider and therefore cannot be held responsible for the failure or any decline of your radio station via the use of our software or any other reason. Customers should use suitable marketing tactics along side the software in order to use it to its full potential and gain more listeners as suggested on our website.
If any provision of this agreement shall be unlawful, void, or for any reason unenforceable then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein. Custom Player may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions to which you are bound.
TO THE EXTENT ALLOWED BY APPLICABLE LAW, IN ANY EVENT SHALL CUSTOM PLAYER OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, ANY LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF USE OR DATA, INTERRUPTION OF BUSINESS, OR FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, EVEN IF WAVESTREAMING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
IN NO EVENT WILL CUSTOM PLAYER OR ITS SUPPLIERS BE LIABLE FOR ANY CLAIM AGAINST LICENSEE BY ANY THIRD PARTY.
IN NO EVENT SHALL CUSTOM PLAYER OR ITS SUPPLIERS BE LIABLE FOR THE FOLLOWING:
(I) ANY REPRESENTATION OR WARRANTY MADE TO ANY THIRD PARTY BY LICENSEE, ANY DISTRIBUTOR OR THEIR RESPECTIVE AGENTS;
(II) FAILURE OF THE PRODUCTS TO PERFORM;
(III) FAILURE OF THE PRODUCTS TO PROVIDE SECURITY;
(IV) THE RESULTS OR INFORMATION OBTAINED OR DECISIONS MADE BY END USERS OF THE PRODUCTS OR THE DOCUMENTATION. THIS LIMITATION OF LIABILITY IS AN ESSENTIAL PART OF THE BARGAIN UNDER THIS AGREEMENT.
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If you have any questions, please contact us
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