Terms of Use

2. Eligibility

The Services are intended for users who are at least eighteen (18) years of age. By creating an account or using the Services, you represent and warrant that:

• You are at least 18 years of age;
• You have the legal capacity to enter into a binding agreement;
• You are not prohibited from using the Services under applicable law; and
• You will comply with these Terms and all applicable laws and regulations.

If you are under 18, you may not create an account or use the Services. We do not knowingly collect personal information from children under 13. If we learn that we have collected personal information from a child under 13, we will promptly delete that information.

3. Account Registration and Security

3.1 Account Creation

To access certain features of the Services, you may be required to create an account. When creating an account, you agree to provide accurate, current, and complete information and to update such information as necessary to maintain its accuracy.

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

3.3 Account Termination

You may terminate your account at any time by contacting us. We reserve the right to suspend or terminate your account at our sole discretion, without notice, for conduct that we determine violates these Terms, is harmful to other users or third parties, or for any other reason.

4. Description of Services

4.1 General Services

BBS Radio TV is a broadcasting and podcasting platform that provides users with the ability to create, upload, distribute, and syndicate audio and video content. Our Services include, but are not limited to:

• Talk show hosting and broadcasting services;
• Podcast creation and distribution;
• Content syndication to broadcast stations, streaming platforms, and podcast networks;
• Music submission and distribution services;
• Guest application and profile services; and
• AI-powered music generation services known as "Make Music."

4.2 Syndication

BBS syndicates user content to over 190 broadcast stations, streaming platforms, podcast networks, mobile applications, and other distribution partners. By submitting content through the Services, you acknowledge and agree that your content may be distributed to and displayed through our Syndication Partners.

5. User Content and License Grant

5.1 User Content

"User Content" means any content you upload, post, submit, or otherwise make available through the Services, including audio files, video files, music tracks, written works, lyrics, poetry, photographs, images, biographical information, and any other materials.

5.2 Ownership

You retain all ownership rights in your User Content. Nothing in these Terms transfers ownership of your User Content to BBS. However, by submitting User Content, you grant BBS the licenses described below, which are necessary for us to operate the Services and fulfill our obligations to you.

5.3 License Grant to BBS

By submitting User Content to the Services, you grant BBS Network, Inc. a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, fully paid-up, sublicensable, and transferable license to use, copy, reproduce, process, adapt, modify, publish, transmit, display, perform, distribute, sublicense, syndicate, broadcast, stream, archive, store, cache, and create derivative works of your User Content in any and all media or distribution methods now known or later developed, for any purpose related to operating, promoting, or improving the Services.

This license includes, without limitation, the right to:

• Syndicate your content to our Syndication Partners, including broadcast stations, streaming platforms, and podcast networks;
• Transcode, reformat, resize, or otherwise modify your content for technical compatibility with different platforms and devices;
• Display your content in promotional materials and on our website and social media channels;
• Archive your content for historical and reference purposes; and
• Sublicense these rights to our Syndication Partners and service providers.

5.4 License Survival

The license you grant to BBS under this Section 5 is irrevocable and shall survive termination or deletion of your account for any reason, whether initiated by you or by BBS.

5.5 No Obligation to Remove Syndicated Content

Upon termination of your account, BBS has no obligation to remove, delete, or cease using User Content that has already been syndicated, broadcast, archived, or distributed to third parties.

5.6 Compensation

You acknowledge and agree that your use of the Services constitutes sufficient compensation for the license granted herein. Unless otherwise agreed in a separate written agreement, BBS has no obligation to pay you any royalties, fees, or other compensation for the use of your User Content in accordance with this license.

6. Content-Specific Terms and Warranties

6.1 Music Submissions

If you submit music tracks or recordings through the Services, you represent and warrant that:

• You own or control all rights in both the musical composition and the sound recording embodied in your submission;
• If you are the songwriter or co-writer, you have full authority to grant the rights in these Terms notwithstanding any agreement with a performance rights organization or music publisher;
• Your submission does not infringe the copyright, trademark, publicity, privacy, or other rights of any third party;
• You have obtained all necessary licenses, clearances, and permissions from co-writers, performers, producers, sample owners, or other rights holders; and
• BBS's use of your submission will not require payment of royalties, residuals, or other compensation to any third party.

6.2 Written Works

If you submit written works, including poetry, lyrics, or scripts, through the Services, you represent and warrant that:

• You are the sole author and copyright owner of the submitted text, or you have obtained all necessary rights from the copyright owner;
• You have full authority to authorize the creation of derivative works based on your submission, including AI-generated musical compositions;
• Your submission is original and does not copy, imitate, or infringe upon any third-party copyrighted work; and
• Your submission does not contain content that infringes the intellectual property, privacy, or publicity rights of any third party.

6.3 Biographical Information and Photographs

If you submit biographical information, photographs, or other profile content through the Services, you represent and warrant that:

• All information you provide is accurate and not misleading;
• You have the right to submit any photographs included in your profile;
• Use of your name, likeness, image, voice, and biographical information by BBS will not violate any person's legal rights;
• Your profile content does not create a false impression of affiliation, sponsorship, or endorsement; and
• You consent to the use of your name, likeness, and biographical information in connection with promotion and distribution.

6.4 Publicity Rights License

You grant BBS Network, Inc. and its affiliates a worldwide, royalty-free, perpetual license to use your name, likeness, image, voice, biography, and any other indicia of identity in connection with the Services, including for promotional and marketing purposes, without further compensation or approval, subject to applicable law.

8. Prohibited Conduct

You agree not to engage in any of the following prohibited activities:

• Uploading or transmitting content that infringes any intellectual property right of any party;
• Uploading or transmitting content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable;
• Impersonating any person or entity or misrepresenting your affiliation with any person or entity;
• Interfering with or disrupting the Services or related servers or networks;
• Attempting to gain unauthorized access to any portion of the Services or related systems;
• Using robots, spiders, scrapers, or other automated means without express written permission;
• Circumventing or interfering with security-related features;
• Using the Services for any illegal purpose or in violation of applicable law; or
• Encouraging or enabling any other individual to do any of the foregoing.

9. Intellectual Property Rights

9.1 BBS Intellectual Property

The Services and all content, features, and functionality thereof, excluding User Content, are the exclusive property of BBS Network, Inc. or its licensors and are protected by United States and international intellectual property laws.

9.2 Limited License to Users

Subject to your compliance with these Terms, BBS grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your personal or internal business purposes.

9.3 Trademarks

"BBS Radio TV," "BBS Network," and all related names, logos, product and service names, designs, and slogans are trademarks of BBS Network, Inc. You may not use such marks without our prior written permission.

10. Copyright Infringement and DMCA Policy

10.1 Repeat Infringer Policy

BBS respects the intellectual property rights of others and expects users to do the same. In accordance with the DMCA and other applicable laws, BBS has adopted a policy of terminating users who are deemed to be repeat infringers.

10.2 DMCA Takedown Notices

If you believe that content on the Services infringes your copyright, please send a written notice to our designated Copyright Agent containing the required DMCA information.

10.3 Designated Copyright Agent

BBS Network, Inc.
Attn: Copyright Agent
Name: Donald Newsom
Address: 17419 Wilton Park Court, Spring, TX 77379
Email: don@bbsradio.com
Phone: 530-712-1094

10.4 Counter-Notification

If you believe that your User Content was removed or disabled by mistake or misidentification, you may submit a counter-notification to our Copyright Agent containing the required information under the DMCA.

11. Third-Party Services and Links

The Services may contain links to third-party websites, services, or resources that are not owned or controlled by BBS. BBS has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services.

12. Privacy

Your privacy is important to us. Our collection, use, and disclosure of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review the Privacy Policy carefully before using the Services.

13. Fees and Payment

13.1 Service Fees

Certain features of the Services may require payment of fees. All fees are stated in U.S. dollars and are non-refundable except as expressly provided in these Terms or as required by applicable law.

13.2 Payment Processing

We use third-party payment processors to process payments. By submitting your payment information, you agree to the terms and conditions and privacy policies of such payment processors.

13.3 Taxes

You are responsible for all applicable taxes associated with your use of the Services, except for taxes based on BBS's net income.

14. Termination

14.1 Termination by You

You may terminate your account at any time by contacting us. Termination does not relieve you of obligations incurred prior to termination or affect rights or licenses granted to BBS prior to termination.

14.2 Termination by BBS

BBS may suspend or terminate your access to all or part of the Services, without notice, for conduct that BBS believes violates these Terms, is harmful to others, or for any other reason.

14.3 Effect of Termination

Upon termination of your account:

• Your right to access and use the Services will immediately cease;
• BBS may delete your account information and any User Content not yet syndicated or archived;
• The licenses you granted to BBS shall survive and remain in full force and effect; and
• All provisions that by their nature should survive termination shall survive.

15. Survival

The following provisions shall survive termination or expiration of these Terms or your account for any reason: User Content and License Grant, Content-Specific Terms and Warranties, AI-Generated Content Services, Intellectual Property Rights, Copyright Infringement and DMCA Policy, Effect of Termination, Survival, Disclaimer of Warranties, Limitation of Liability, Indemnification, Dispute Resolution, Governing Law, General Provisions, and any other provisions that by their nature should survive termination.

20. Governing Law and Jurisdiction

These Terms and any dispute arising out of or relating to these Terms or the Services shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions. Subject to Section 19, you agree to submit to the exclusive jurisdiction of the state and federal courts located in Tarrant County, Texas, for the resolution of any dispute not subject to arbitration.

21. General Provisions

21.1 Entire Agreement

These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and BBS concerning the Services.

21.2 Severability

If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.

21.3 Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term.

21.4 Assignment

You may not assign or transfer these Terms without BBS's prior written consent. BBS may assign these Terms at any time without notice.

21.5 Notices

BBS may provide notices to you by email, by posting on the Services, or by other reasonable means. You must provide notices to BBS in writing to the address provided in Section 22.

21.6 Force Majeure

BBS shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control.

21.7 Independent Contractors

The relationship between you and BBS is that of independent contractors. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship.

21.8 No Third-Party Beneficiaries

These Terms do not confer any third-party beneficiary rights, except that BBS's Syndication Partners are intended third-party beneficiaries of the license granted in Section 5.

21.9 Headings

The section headings in these Terms are for convenience only and have no legal or contractual effect.