Streampad is a full-featured music application that runs inside a web browser. It is currently being developed by Dan Kantor. Dan was most recently a developer at del.icio.us and has spent time at Yahoo and Microsoft.

contact: dan@streampad.com

Streampad is a mashup of many different sites and services. It would not be possible without them. A special thanks goes to:

• The Internet Archive
• The Hype Machine
• famfamfam
• Sun
• Adobe
• Rackspace
• Jetty
• Apple
• Google
• Jens Vonderheide
• Supe Bonbon
• last.fm
• Wordpress
• phpBB
• Apache
• Linux
• PHP
• Amazon
• Every mp3 blog, podcast and music site out there
• Every user who has helped shape Streampad into what it is today
  

Streampad Entertainment (”Streampad”) has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act. The address of Streampad’s Designated Agent to Receive Notification of Claimed Infringement (”Designated Agent”) is listed at the end of this policy.

If you are a rights holder, please realize that we want to help you; any links to unauthorized music posted on the Streampad website has been posted inadvertently and will be removed IMMEDIATELY upon notification by the rights holder.

It is Streampad’s policy to (1) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our users; and (2) remove and discontinue service to repeat offenders.

A. Procedure for Reporting Copyright Infringements:

If you believe that material or content residing on the Streampad website infringes a copyright, please send a notice of copyright infringement containing the following information, in English, to the Designated Agent listed below:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
2. Identification of works or materials being infringed;
3. Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Streampad is capable of finding and verifying its existence;
4. Contact information about the notifier including address, telephone number and, if available, e-mail address;
5. A statement that the notifier has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and
6. A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.

B. Once Proper Bona Fide Infringement Notification is Received by the Designated Agent:

It is Streampad’s policy:

1. to remove or disable access to the infringing material;
2. to notify the user that it has removed or disabled access to the material; and
3. that repeat offenders will have the infringing material removed from the system and that Streampad will terminate such user’s access to the website and service.

C. Procedure to Supply a Counter-Notice to the Designated Agent:

If the user believes that the material that was removed or to which access was disabled is either not infringing, or the user believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or pursuant to the law, the user must send a counter-notice containing the following information, in English, to the

Designated Agent listed below:

1. A physical or electronic signature of the user;
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
3. A statement that the user has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and
4. User’s name, address, telephone number, and, if available, e-mail address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the user’s address is located, or if the user’s address is located outside the United States, for any judicial district in which Streampad is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Designated Agent, Streampad may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the user, the removed material may be replaced or access to it restored in 10 to 14 business days after receipt of the counter-notice, at Streampad’s discretion.

Contact:

Streampad’s Designated Agent to receive notification of claimed infringement can be contacted at:

Streampad Entertainment
260 W. 52nd ST APT 10A
New York, New York 10019

At Streampad Entertainment (”Streampad”) we respect the privacy of the users of our website and services and are committed to protecting it. We take your privacy seriously. Throughout your use of the Streampad website and services we will gather certain types of personal information. We have created this policy to demonstrate our commitment to you and to help you understand the terms and conditions surrounding the collection and use of that information.

We collect personal information, including email addresses, when individuals register to use the Streampad website and services or submit questions, comments or bug reports. Additionally, we collect our users’ IP addresses and information regarding our users’ use of our website and services. We may use such IP addresses to help diagnose problems with our servers, track movement within our website and, if necessary, deny service in accordance with our Terms of Service. We may also collect information related to the referring URL, access times and browser type. Unless required by law, we will not share our users’ personal information except in aggregate or anonymous form, with third parties, unless that third party is a licensed partner of Streampad.

Mapping Feature

You have the option to participate in Streampad’s mapping feature. Only if you opt in to Streampad’s mapping feature will your chosen address be used to post your location on Streampad’s map. Your user name will NEVER appear on the map. Rather, opting in to Streampad’s mapping feature will allow other Streampad users to view your registered address anonymously and the music to which you are currently listing. At any point after opting in to the mapping feature you may opt out by clicking the “Remove” link on the map.

Use of Cookies

In order to offer and provide optimized and personalized services, we use cookies to store and sometimes track information about our users. A cookie is a small amount of data that is sent to a user’s browser from a web server and is eventually stored on a user’s computer hard drive.

Links to Other Sites

Our site currently contains links to other sites. We make every effort to link only to sites that share our high standards and respect for your privacy. On occasion, these sites may collect personal information when you access them. Streampad does not control the collection or use of such information and is not responsible for the content or the privacy practices of these sites.

Modification of Privacy Policy

Streampad reserves the right to modify all or some of this Privacy Policy at any time without notice. Streampad encourages you to periodically review this Policy so you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. We will use information only in accordance with the Privacy Policy under which the information was collected unless we have received explicit authorization from the appropriate user(s) to do otherwise.

Please let us know what you think. If you have any questions, comments or concerns about this Privacy Policy, the practices of this website or any of your dealings with Streampad, please send an e-mail, in English, to support@Streampad.com

Welcome to Streampad. We have developed these Terms of Service to govern your use of the Streampad website (our “Site”). Your use of our Site or any of the services offered on our Site (collectively, the “Services”) tells us that you have read and agreed to these Terms of Service and our Privacy Policy. Please read both of these documents carefully. If you do not agree with any of these Terms, please exit our Site. We may modify or alter these Terms at any time without notice to you by posting revised Terms on our Site. We recommend that you periodically check our Site for changes. Your use of our Site constitutes your binding acceptance of these Terms, including any modifications that we make in the future.

We have the right, but not the obligation, to take any of the following actions in our sole discretion at any time and for any reason without giving you any prior notice:

1. Restrict, suspend, or terminate your access to all or any part of our Services;
2. Change, suspend, or discontinue all or any part of our Services;
3. Refuse, move, or remove any material that you submit to our Site for any reason;
4. Refuse, move, or remove any content that is available on our Site;
5. Deactivate or delete your accounts and all related information and files in your account;
6. Establish general practices and limits concerning use of our Site.

You agree that we will not be liable to you or any third party for taking any of these actions.

Content on our Site

Our Site includes a combination of content that we create, that our partners create, and that our users create. All trademarks not owned by STREAMPAD that appear on our Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by STREAMPAD.

You are solely responsible for all materials, whether publicly posted or privately transmitted, that you upload, post, e-mail, transmit, or otherwise make available on our Site (”Your Content”). You hereby grant us, our affiliates, and our partners license to use for the purposes of (i) displaying Your Content on our Site or our Services and/or (ii) storing Your Content in a remote database accessible by end users, affiliates or partners. This license shall apply to the storage of Your Content in any form, medium, or technology now known or later developed.

Our Site contains content that we create as well as content provided by third parties. This content includes, amongst other things, links to audio files. Without limitation, we are not responsible for postings by users in the player, user opinion, message board, or feedback sections of our Site.

You may be exposed to content that you find offensive, indecent, or objectionable or that is inaccurate, and you bear all risks associated with using that content. We have the right, but not the obligation, to remove any content that may, in our sole discretion, violate these Terms or that is otherwise objectionable.

Third-party Sites, Products, and Services

Our Site contains links to other Internet sites owned by third parties. Your use of each of those sites is subject to the conditions, if any, that each of those sites has posted. We have no control over sites that are not ours, and we are not responsible for any changes to or content on them. Our inclusion on our Site of any third party content or a link to a third party site is not an endorsement of that content or third party site. Furthermore, STREAMPAD is not responsible for the quality or delivery of the products or services offered, accessed obtained by or advertised by such sites. To the extent that these sites collect personal information or postings from the end user, in no event shall STREAMPAD assume or have any responsibility or liability for the manner in which the this information or these postings are exploited or for any claims, damages, or losses resulting from the use and/or appearance of the information on these sites.

Privacy policy

All of the information that we collect from you, such as registration information, is subject to our privacy policy. Please click here to see our full privacy policy.

Feedback and Other Submissions

Users may provide feedback on our Site. You agree that any and all information that you submit, including any and all written messages or comments, are the property of STREAMPAD and may be used for any purpose.

Your conduct on our Site

You hereby agree that if we request registration information from you, you will provide us with true, accurate, current, and complete information. You further agree that you will promptly update your registration to keep it accurate, current, and complete. If we issue you a password, you may not reveal it to anyone else. You may not use anyone else’s password. You are responsible for maintaining the confidentiality of your accounts and passwords. You agree to immediately notify us of any unauthorized use of your passwords or accounts or any other breach of security. We will not be responsible for any loss or damage that may result if you fail to comply with these requirements.

Without limiting the foregoing, you agree that you will not use our Site to take any of the following actions:

1. Defame, abuse, harass, stalk, threaten, or otherwise violate the legal right of others;
2. Publish, post, upload, e-mail, distribute, or disseminate (collectively, “Transmit”) any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful content;
3. Transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person’s computer, our Sites, any software or hardware, or telecommunications equipment;
4. Advertise or offer to sell any goods or services for any commercial purpose unless you have our written consent to do so;
5. Transmit surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters;
6. Restrict or inhibit any other user from using and enjoying any public area within our Site;
7. Collect or store personal information about other end users;
8. Interfere with or disrupt our Site, servers, or networks;
9. Impersonate any person or entity, including, but not limited to, a STREAMPAD representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
10. Forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through our Sites or to manipulate your presence on our Site;
11. Take any action that imposes an unreasonably or disproportionately large load on our infrastructure;
12. Engage in any illegal activities.

You agree to use our bulletin board services, forums, communities and/or message or communication facilities (collectively, the “Forums”) only to send and receive messages and material that are proper and related to that particular Forum.

If you choose a username that, in our sole discretion, is obscene, indecent, abusive or that might otherwise subject us to public disparagement or scorn, we reserve the right, without prior notice to you, to automatically change your username, delete your posts from our Site, deny you access to our Site, or any combination of these options.

Unauthorized access to our Site is a breach of these Terms and a violation of the law. Use of our Site is subject to existing laws and legal process. Nothing contained in these Terms shall limit our right to comply with governmental, court, and law-enforcement requests or requirements relating to your use of our Site.

Requests to remove certain content from our Site

If you believe that content you own has been copied and made accessible in a manner that violates your intellectual property rights, please review our copyright notice and inform us immediately as advised by such. STREAMPAD does not intend to display content that is copyright protected and will remove any such content inadvertently contained on our Site.

Indemnification

You hereby agree to indemnify, defend and hold STREAMPAD and all of our officers, directors, owners, employees, agents, information providers, affiliates, partners, and licensors (collectively, the “STREAMPAD Parties”) harmless from and against any and all liability, losses, costs, and expenses (including attorneys’ fees) incurred by any STREAMPAD Party in connection with any claim, including, but not limited to, claims for defamation, violation of rights of publicity and/or privacy, copyright infringement, or trademark infringement arising out of:

1. Your use of our Site;
2. Any use or alleged use of your accounts or your passwords by any person, whether or not authorized by you;
3. The content, the quality, or the performance of content that you submit to our Site;
4. Your connection to our Site;
5. Your violation of these Terms; or
6. Your violation of the rights of any other person or entity.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.

Disclaimers

We disclaim any responsibility for the deletion, the failure to store, the misdelivery, or the untimely delivery of any information or material. We disclaim any responsibility for any harm resulting from downloading or accessing any information or material on the Internet using search results from our Site. We disclaim any responsibility for any service outages that are caused by our maintenance on the servers or the technology that underlies our Site, failures of our service providers (including telecommunications, hosting, and power providers), computer viruses, natural disasters or other destruction or damage of our facilities, acts of nature, war, civil disturbance, or any other cause beyond our reasonable control.

WE DO NOT WARRANT THAT OUR SITE WILL BE UNINTERRUPTED OR ERROR FREE. IN ADDITION, WE DO NOT MAKE ANY WARRANTY AS TO THE CONTENT ON OUR SITE. OUR SITE AND ITS CONTENT ARE DISTRIBUTED ON AN “AS IS, AS AVAILABLE” BASIS. ANY MATERIAL THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH OUR SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD OF ANY SUCH MATERIAL.

NEITHER WE NOR ANY OF OUR PARTNERS MAKES ANY WARRANTY THAT (i) OUR SITE WILL MEET YOUR REQUIREMENTS, (ii) OUR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (iii) ANY ERRORS WILL BE CORRECTED. NEITHER WE NOR ANY OF OUR PARTNERS MAKES ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR SITE, ANY CONTENT, OR ANY OF OUR SERVICES OR PROPERTIES. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF OUR SITE AND THE ACCURACY, COMPLETENESS OR ACCESSIBILITY OF ITS CONTENT.

NEITHER WE NOR OUR PARTNERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE OUR SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THAT OF OUR THIRD-PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Arbitration

STREAMPAD may elect to resolve any controversy or claim arising out of or relating to these Terms or our Site by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in New York, New York and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or we may seek any interim or preliminary relief from a court of competent jurisdiction in New York, New York, necessary to protect the rights or the property of you or STREAMPAD (or its agents, suppliers, and subcontractors), pending the completion of arbitration.

Miscellaneous

We may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on our Site or delivering them to you through e-mail. You may update your e-mail address and other personal information by emailing support@streampad.com. If you do not provide us with accurate information, we cannot be held liable if we fail to notify you. You have the right to request that we provide such notices to you in paper format, and may do so by contacting the General Counsel at support@streampad.com.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our Site or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

These Terms, including all terms, conditions, and policies that are incorporated into these Terms by reference, constitute the entire agreement between you and STREAMPAD and govern your use of our Site, superceding any prior agreements that you may have with us. These Terms shall be construed in accordance with the laws of the State of New York and the parties irrevocably consent to bring any action to enforce these Terms before an arbitration panel or before a court of competent jurisdiction in New York, New York if seeking interim or preliminary relief or enforcement of an arbitration award.

You and STREAMPAD are independent entities and nothing in the Terms, or via use of our Site or Services, will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and STREAMPAD.

If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superceded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect.