Preface:
The vast majority of the content that is broadcast on 20th Century Radio is either under Creative Commons licensing or the content is in the public domain. However, on occasion we will broadcast content with the express written consent of the company or individual that is owner or maintains rights to said content. For these occasions we provide the following as a working agreement so that rights are maintained and all involved parties are protected.
 
------------------------------------------------------------------------------------
20th Century Radio, Content Provider Agreement

1. Legal Agreement
The Content Provider Agreement set forth in this document applies to all individuals and organizations supplying content to 20th Century Radio, a.k.a. 20thCenturyRadio.com ("Content Providers") and constitutes a binding, legal agreement ("Agreement") between the Content Providers and 20thCenturyRadio.com. By providing written documents (scripts or stories) or audio files for broadcast, you accept the terms and conditions described below, and you warrant and represent that you have the legal capacity to enter into this Agreement.
 
2. Introduction
20th Century Radio (a.k.a. 20thCenturyRadio.com) provides internet radio broadcasts which are free for anyone with an internet connection and a device to receive audio streams in commonly used formats. Our chief goal is to facilitate easy access to the rich cultural heritage that OTR ("Old Time Radio") represents. From time to time we may also include broadcasts which are more contemporary in nature, i.e. outside of what is generally considered to be OTR, if the material is considered by us to be culturally significant and/or valuable from an educational perspective.

3. Funding
20th Century Radio is described as “Listener Supported Radio”. This means the radio station does not sell commercial radio advertising. 20th Century Radio is funded primarily through the individual contributions of our listeners. Minor funding is also achieved via web site banner advertisement for our Amazon.com on-line store affiliation from which various radio related items are sold.

The radio station and web site is also supported by LinkSky Value Host Inc. as a provider of web hosting space and broadcast bandwidth. Voice over and studio services are provided by OneGeoVO.com, both are enterprises owned and operated by Joseph Maas and Shirley Foster who are also principals and founders of these enterprises. Site banner and radio advertisements may at times include, but are limited to, promotions for these enterprises as well as for various programs for broadcast on 20th Century Radio itself.

3. Broadcast Relay
20th Century Radio expressly forbids broadcast relay or simulcast of its contents by other radio stations without express written consent of both the principals of 20th Century Radio as well as the express written consent its content providers.

Content Provider Agreement Terms
 
4. Content
As a Content Provider permitting your work for broadcast via 20thCenturyRadio.com, you retain your copyright in the Content. You do, however, grant 20th Century Radio the non-exclusive license right to use brief excepts, hereby defined as broadcast segments of 2 minutes or less, of your material to promote the broadcast of your material on 20th Century Radio, and/or for the general promotion 20th Century Radio, e.g. in efforts to gain a larger listening audience.
20th Century Radio does not provide digital content distribution by any other manor (e.g. via direct download, distributing to other parties, etc.), however 20th Century Radio is an Amazon.com affiliate which may in-turn provide mp3 downloads, tapes or CDs of products that are promoted at 20thCenturyRadio.com via the Amazon.com system. Such Amazon.com distribution licensing/agreements are out of the scope of this contract. To be clear, 20th Century Radio does not provide content to Amazon.com nor to any other third party.

20th Century Radio agrees to never repurpose your material in order to promote, advocate or condone products or services that are outside of your specific materials provided for broadcast or for the general promotion of 20th Century Radio itself. Here is an example of a audio commercial that may be aired within the scope of this agreement, “20th Century Radio featuring [artist name] every saturday night at 9pm!”
 
As a Content Provider distributing Content through broadcasts from 20thCenturyRadio.com, you represent and warrant that the Content:
    1.    Is owned by you, or to the extent owned by someone else, that you have obtained that party's express permission to provide the Content to 20thCenturyRadio.com for use, copying and distribution under the license in this Agreement.

    2.    Does not violate any copyright, trademark, trade secret or other intellectual property right.

    3.    Does not invade any individual's right of privacy or publicity.
 
    4.    Does not contain material that is unlawful, obscene, defamatory, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable.
 
    5.    Does not include malicious code, which includes, without limitation, viruses, Trojan horses, worms, time bombs, cancelbots, or any other computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, data, or personal information.
 
    6.    Does not break the law, facilitate the breaking of the law, or violate any applicable regulation or 20thCenturyRadio.com rule or policy.
 
    7.    Does not offer or disseminate fraudulent goods, services, schemes, or promotions, or promote domain names, URLs, or hyperlinks that constitute commercial content such as that found in advertising, promotions, or solicitations.

That if any of the above representations and warranties set forth directly above are not true, that you will indemnify 20thCenturyRadio.com for any breaches or misrepresentations, takings or misappropriations, infringement or piracy of the Content, including any and all damages, attorney’s fees and other expenses related to any such misrepresentation or breach of warranty.
 
To the best of your knowledge, all purported factual information in the Content you submit or make available for broadcast purposes is true and accurate, and the use of any information in the Content will not result in personal injury to any listener.

20thCenturyRadio.com maintains high editorial standard for Content submitted to the Site. The mission of 20thCenturyRadio.com is to educate, inform and entertain, and we reserve the right to remove or refrain from broadcasting any content that we feel does not meet our quality standards and/or does not meet those standards.

5. Content Providers’ Rights
Content submitted to 20th Century Radio for broadcast may be aired immediately. However, if edits are required, e.g. to clean up and otherwise to make broadcast ready the audio files submitted to us, then the content provider will be notified and their approval will be met before the material in question is broadcast. To be clear - If the material submitted to 20th Century Radio is edited in any way then we will make the edited material (usually recordings) available via a password protected area on our site so that approval can be gained from the content provider prior to the scheduled airing of the broadcast. 20th Century Radio will make every attempt to produce any such material for review as far ahead of the schedule broadcast as possible, however if approval is not obtained within 1 week of the show’s airing then the content will be substituted and not be aired.

The content provider will not be charged any fee or fees for the editing service unless extensive edits are directed to be performed by the content submitter. Then a separate arrangement will be made in advance, for such an editing service or services.

6. Removing Content and/or Terminating Agreement
Your content will be removed for broadcast upon verified written notice that you no longer wish to participate in this agreement. Upon receiving such a request we will send a verification of termination to the email address we have on file for the particular content provider. The exception to your ability to remove Content are as follows:

    1.    The request to remove content was made less than one week prior to the next scheduled broadcast, in which case there may be one more broadcast after which the content will be removed.
    
General Agreement Terms
 
7. International Content Providers
20thCenturyRadio.com makes no representation that material on the Site is appropriate or available at locations outside of the United States. Content Providers may not use the Site or export the contents in violation of U.S. export regulations. If you access this Site from a location outside of the United States, you are responsible for compliance with all applicable local laws.

8. Operation of Site and Radio Station
20thCenturyRadio.com may at its discretion suspend or terminate operation of the Site and/or radio station for maintenance or other reasons. In addition, for maintenance reasons, because of technical issues or for other reasons we may make 20thCenturyRadio.com unavailable from time to time.
20thCenturyRadio.com makes no commitment, warranty or guarantee that the Site will operate in a timely, uninterrupted or error-free manner, or that the Site will meet Content Provider's purposes but in any event will do our best to ensure that it meets your requirements for satisfaction.
20thCenturyRadio.com may also in its discretion modify the features, availability, operation and/or look and feel of the Site from time to time without notice to our Content Providers. As noted above, we will remove Content we deem to be in violation of our Terms of Use.
 
9. Disclaimers
The Site and all software, services, information, materials, forums, tools and Content provided or offered on the Site are provided or offered by 20thCenturyRadio.com and its third-party licensors and content providers on an "as-is", "as-available" basis, without representation or warranty of any kind by 20thCenturyRadio.com, including but not limited to the implied warranties of merchantability, non-infringement and fitness for a particular purpose. Without limiting the prior statement, 20thCenturyRadio.com cannot vouch for the quality, accuracy, completeness, or currentness of any Content or information sold or provided through the Site.
 
10. Limitation of Liability
In no event shall 20thCenturyRadio.com or any of its officers, employees, directors, affiliates, agents or third-party licensors and content providers be liable to you or anyone else for any special, consequential, indirect, cover, punitive, incidental or similar damages (including, without limitation, lost profits, lost sales, or lost business) directly or indirectly related to or arising out of the Site, Content on the Site, or any transaction entered hereunder, whether in contract, tort or otherwise, even if 20thCenturyRadio.com or one of its officers, employees, affiliates or agents has been advised of the possibility of such damages.  Any action under this Agreement must be commenced within one (1) year after such cause of action occurs.
 
10. Proprietary Rights
20thCenturyRadio.com is the owner of all intellectual property rights, including all copyright, patents, and trademarks, associated with the Site and radio station, including all associated software, text, graphics, and logos, but exclusive of content provided by third parties, which are owned by the licensors of such content. In addition, the overall look and feel and the compilation of all materials and content on Site are owned by 20thCenturyRadio.com. Content Provider agrees not to modify, copy, distribute or reverse engineer any of the software included on the Site. 20thCenturyRadio.com and its third-party licensors reserve all rights not expressly granted in this Agreement.
 
11. Miscellaneous Legal Information
This Agreement is binding. No amendments or modifications may be made except as set forth in the Agreement and Amendments section below or in a written document, signed by both parties. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. The failure by any party to exercise any right provided herein shall not be deemed a waiver or forfeiture of any such right.

This Content Provider Agreement and all rights appurtenant hereto shall be fully transferable or assignable by 20thCenturyRadio.com, in whole or in part, by operation of law, by virtue of an acquisition or merger of 20thCenturyRadio.com, or otherwise, without any consent of Content Provider. 20thCenturyRadio.com without any additional notice or consent on the part of Content Provider may enter into any agency or sub-distribution or superdistribution agreements with respect to the Content or other materials of Content Provider. Subject to the above, this Agreement shall be binding upon and inure to the benefit of the successors and assigns of the respective Parties hereto. 


Every provision of this Agreement is intended to be severable. If any section of this Agreement is found to be invalid or unenforceable, then such section will be deemed amended and interpreted, if possible, in a way that renders it enforceable. If such an interpretation is not possible, then the section will be deemed removed from this Agreement and the rest of this Agreement will remain in full force and effect. 
This Agreement is governed by the laws of the State of California, without regard to its choice of law provisions. The parties agree that any dispute involving 20thCenturyRadio.com related to this Agreement or the Site that cannot be settled by good faith negotiation shall be submitted to arbitration in accordance with the rules of the American Arbitration Association. The location of the arbitration shall be Los Angeles, California. The arbitration shall be conducted by a single arbitrator with experience in computer/technology matters and in the publishing industry. The decision of the arbitrator shall be legally binding and shall be enforceable in any court of competent jurisdiction. 


Each party shall be excused from performance and shall not be liable for any delay caused by the occurrence of any contingency beyond the reasonable control either of the excused party or its subcontractors or suppliers, except for obligations to make payments hereunder. These contingencies include, but are not limited to, war, sabotage, insurrection, riot or other act of civil disobedience, labor disturbance or shortage, act of public enemy, failure or delay in transportation, act of any government affecting the terms hereof, accident, fire, explosion, flood, severe weather or other act of God. This Agreement does not designate either party as the agent, employee, legal representative, partner or joint venturer of the other party for any purpose whatsoever.
 
12. Term
This Agreement is effective until terminated. 20thCenturyRadio.com may terminate or suspend this Agreement immediately if in 20thCenturyRadio.com's sole judgment Content Provider breaches any of the terms and conditions of this Agreement. All provisions of this Agreement relating to payment, disclaimers, limitation of liability, indemnification, confidentiality, and proprietary rights shall survive termination or expiration of this Agreement.
 
13. Agreement and Amendments
Through this Agreement you are indicating that you have the full power and authority to enter into and perform in accordance with the terms of this Agreement. You also agree that this Agreement is a legal, valid and binding obligation, and that its terms and conditions can be enforced. We encourage you to print and keep a copy for reference. 


20thCenturyRadio.com may change the terms in this Agreement from time to time. When the terms are changed, 20thCenturyRadio.com will make a posting on the Site regarding the change. You agree to review the terms of this Agreement from time to time. If you do not agree to be bound by any future changes, you should promptly notify 20thCenturyRadio.com and discontinue your use of the Site. If you use the Site after 20thCenturyRadio.com has posted a change to these terms on the Site, you are agreeing to be bound by all of the changes.

IN WITNESS WHEREOF, the parties have caused this Content Provider Agreement to be executed by their respective Parties thereunto duly authorized.

 
QUESTIONS OR COMMENTS:
Please use the web form on this page or send email to stationmanager@20thCenturyRadio.com
 
 
 
 




Thank you!
 
20th Century Radio is produced by LinkSky Value Host Inc.        |       StationManager@20thCenturyRadio.com       |         Copyright © 20th Century Radio. Hosted by LinkSky.com