BlogTalkRadio User Agreement

This is an Agreement between BlogTalkRadio, Inc. and its affiliates, successors, parents, subsidiaries, assigns, licensees, and designees (collectively and individually, "BlogTalkRadio") and you, your representatives, assigns and licensees (hereinafter collectively referred to as "You"), pursuant to which You request and agree to, among other things, use the services available on the BlogTalkRadio.com web service and website (collectively, the "Site"). You agree to read this Agreement carefully before using any of the services affiliated with the Site, and by using the Site and any affiliated Services (as that term is defined in BlogTalkRadio's Terms of Use (the “Terms of Use”), which is incorporated by reference herein), You acknowledge and agree that You have read and shall abide by the terms and conditions set forth in this Agreement and in the Terms of Use. You also represent that You are of legal age to enter into this Agreement and to become bound by its terms and that your use of the Site shall not violate any applicable law or regulation. Your registration for use of the Site and your profile thereon may be deleted without warning if it is found that you are misrepresenting your age, or if you are otherwise not in compliance with this Agreement or the Terms of Use.


1. Registration and Compliance


In order to (i) create or host programs featuring audio-based content (hereinafter referred to as "Broadcast Blog Programs" or "Broadcast Blog Programming") for transmission via the Site, (ii) utilize the messaging or "chat" systems available on the Site, (iii) utilize BlogTalkRadio's premium services as described on the Site (the "Premium Services") or (iv) utilize any of the other Services available on or in connection with the Site, You must first register with BlogTalkRadio and provide all information requested (including, as applicable, all information necessary for the Premium Services requested). You acknowledge and agree that your use of the Services as permitted is solely for personal, noncommercial purposes (other than commercial use as may be expressly permitted by BlogTalkRadio in a prior written agreement ), that You will not copy or distribute any part of the Services in any medium unless such copying or distribution is facilitated by BlogTalkRadio or effectuated via use of BlogTalkRadio's mechanisms, and that You will not alter or modify any part of the Services other than as may be reasonably necessary to use the Services for their intended purpose and in accordance with this Agreement and the Terms of Use. To the extent that the Terms of Use conflict or are inconsistent with any terms and provisions set forth herein, the terms and provisions of this Agreement shall govern.


2. Charges and Payments (Non-Premium Services)


As of the date hereof, unless You have subscribed to the Premium Services, BlogTalkRadio will not charge You or attempt to collect any fees for your non-commercial use of the basic services affiliated with the Site. BlogTalkRadio reserves the right, however, to change this policy at any time and to charge fees on a term basis for access to the Site and for your use of its basic services. BlogTalkRadio will notify You of any policy changes regarding fees, and the amounts to be charged for access to the Site and use of its basic services, by posting such information on the Site.


3. Terms of Premium Services


A. Charges and Payments For Premium Services


You may elect to pay for the Premium Services on an annual (12 month) or monthly basis. The annual rates for the Premium Services ("Annual Fee") are as follows: Premium Host, $399.00; Premium Plus, $999.00; and Branded Profile, $2,490.00. Should you elect to pay an Annual Fee, it shall be due and payable upon your registration with BlogTalkRadio for the Premium Services, and on the same day of each subsequent year thereafter for the term of this Agreement. Should you elect to pay for the Premium Services on a monthly basis, monthly charges for the Premium Services shall be billed at the following rates ("Monthly Fee"): Premium Host, $39.00; Premium Plus, $99.00; and Branded Profile, $249.00. On the date that You register with BlogTalkRadio for one of the Premium Services (the "Registration Date"), You shall pay a Monthly Fee at the applicable rate for your Premium Services package. For each subsequent month of the term of this Agreement, your payment of the Monthly Fee shall be due on the same calendar day as the Registration Date. The features of each of the Premium Services shall be posted on the Site, and may be changed by BlogTalkRadio in accordance with this Agreement. In addition to the Annual Fee or Monthly Fee for the applicable Premium Services for which You have subscribed, You are responsible for paying any applicable taxes and for all hardware, software, service and other costs You may incur in connection with the Premium Services, including costs incurred in connecting to the Site via the internet or connecting to a broadcast blog via the telephone. BlogTalkRadio reserves the right, at any time and at its sole discretion, to increase the fees for and to change any features of its Premium Services upon the provision of seven (7) days' written notice to You. All payments due for the Premium Services shall be made to BlogTalkRadio via a Credit Card and annual or monthly payments shall be set up to occur automatically on a recurring yearly or monthly basis for the term of this Agreement.


B. Upgrades/Downgrades of Premium Services


Upon request to BlogTalkRadio, You have the option to immediately upgrade from a lower to a higher level of the Premium Services. On the date that You request such an upgrade (the "Upgrade Date"), You shall pay BlogTalkRadio a prorated fee based on either the applicable Annual Fee or Monthly Fee for your upgraded Premium Services package, calculated on a per diem basis from your Upgrade Date through the end of, as applicable, the annual term or calendar month in which you request the upgrade. If you have elected a monthly payment schedule, your Monthly Fee payable to BlogTalkRadio will reflect the increased rate payable for your upgraded Premium Services package beginning with the next regular monthly billing cycle after the Upgrade Date.


C. Termination of Premium Services


You may terminate your enrollment in BlogTalkRadio's Premium Services program upon ten (10) days' written notice to BlogTalkRadio in accordance with the notice provisions set forth in this Agreement. If you have elected a monthly payment schedule, BlogTalkRadio shall not be responsible to refund to You any prepayments that You have made pursuant to this Agreement prior to the effective date of such termination. If you have elected to pay an Annual Fee, BlogTalkRadio shall refund to you within thirty (30) days of the effective date of such termination the unused portion of the Annual Fee (calculated on a pro-rata basis, based on the number of days of the annual term remaining after the effective date of termination).


4. Transmission of Broadcast Blog Programs


At this time, BlogTalkRadio permits its users to set up host channels ("Host Channels") and create Broadcast Blog Programs for transmission via BlogTalkRadio's proprietary live broadcasting technology. From time to time, BlogTalkRadio may introduce other methods by which You may create Broadcast Blog Programs for transmission via the Site. You agree to comply with all of the Terms of Use, as well as all other policies and rules of BlogTalkRadio, whether set forth in this Agreement, posted on the Site or provided to You individually. These Terms of Use, and BlogTalkRadio policies and rules are subject to change from time to time at BlogTalkRadio's sole discretion. You further agree to comply with the following additional rules and regulations, with respect to all Broadcast Blog Programs created by you for transmission via the Site, including those transmitted in the form of BlogTalkRadio's broadcasting tools and any other methods currently used or introduced by BlogTalkRadio in the future:

a.        Any Broadcast Blog Programs relayed by You to BlogTalkRadio from a web site or other source owned and operated not by You but by a third party, as well as any other programming or other materials obtained by You from a source owned and operated not by You but by a third party ("Derived Programs") must be authorized by the owner(s) or licensees of the original programs from which such Broadcast Blog Programs are derived. In the event You choose to create Derived Programs for transmission via the Site, You represent and warrant that You have obtained all authorization necessary to allow such Derived Programs to be transmitted to the public via the Site, including any necessary licenses required under the Digital Millennium Copyright Act (the "DMCA"), United States Copyright Law, and any other applicable copyright laws.

b.        Software for use of the Site and transmitting Broadcast Blog Programs will be made available to You upon your acceptance of the terms and provisions of this Agreement and the Terms of Use and upon logging onto the Site. Your use of such software shall be subject to the terms and conditions of this Agreement and the Terms of Use.

c.        With respect to your archiving of Broadcast Blog Programs on the Site, BlogTalkRadio shall provide You with storage space on BlogTalkRadio's servers at its sole discretion and/or in accordance with the then-existing storage policies of BlogTalkRadio as specified on the Site, which storage space may be made available with or without the imposition of fees. You agree not to exceed whatever storage space, if any, that may be allotted to you by BlogTalkRadio, which storage space may be modified by BlogTalkRadio at any time in its sole discretion, subject only to other express terms posted on the Site or specified elsewhere in this Agreement.

d.        You agree not to post, upload, transmit to, or cause to be broadcasted via the Site or to BlogTalkRadio's servers, through data upload or broadcasting of audio content, any sound recordings, communications, text, graphics or other information (collectively, "Material") that:

* is obscene, indecent, offensive, libelous, pornographic, hateful, racially or ethnically offensive, defamatory, unreasonably violent, threatening, intimidating or harassing;

* contains falsehoods or misrepresentations that could damage BlogTalkRadio or any other person;

* contains any viruses, Trojan horses, worms, or other disabling devices or harmful components intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;

* advocates or encourages any illegal activity;

* infringes on the intellectual property or other legal rights of BlogTalkRadio or others;

* violates the privacy of others, including other users of the Site, or impersonates another person;

* gives rise to any civil liability or violates any applicable law, regulation, treaty or tariff; or

* violates the acceptable use policies of any networks, machines, or Services which are accessed through BlogTalkRadio's network.

e.        BlogTalkRadio, in its sole discretion, shall determine your compliance with the foregoing prohibitions set forth in this subparagraph d, and reserves the right to delete from the Site without prior notice any material that it deems to be non-complying or otherwise objectionable for any reason (including, without limitation, Material which it deems to be objectionable to any of its other customers or advertisers) or to take any other action with respect to your Broadcast Blog Programs, or any other material posted by you on the Site.

f.        The content on the Site, except material submitted by you and by third party users of the Site, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (collectively, the "BlogTalkRadio Material"), and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to BlogTalkRadio, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Material submitted by third party users of the Site, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (collectively, the "Third Party Materials"), and the Marks contained, are owned by or licensed to such third party users, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. As used herein, Blog TalkRadio Material and Third Party Materials are collectively referred to as the "Content." Content on the Site is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Without limiting the generality of the foregoing, You are not permitted to use the Marks in connection with "spam" email messages or newsgroup postings. For the purposes of these Terms of Use, "spam" has the meaning generally understood among Internet users, and includes without limitation "unsolicited electronic mail advertisements". BlogTalkRadio and each of the respective owners of the Third Party Materials reserve all rights not expressly granted in and to the Site and the Content.

g.        Your use of the Site may not impose an unreasonable or disproportionately large load (as determined by BlogTalkRadio in light of the load imposed by other users generally) on BlogTalkRadio's infrastructure. You may not use any "bot" or other automated repetitive or iterative mechanism or the like to gain any sort of benefit from BlogTalkRadio or any of its business partners. You may not attempt to gain unauthorized access to the BlogTalkRadio infrastructure or to interfere or disrupt the service. Unless BlogTalkRadio grants You prior written permission to do so, You may not use the service for any commercial purpose. You further agree not to solicit any users of the Site for commercial purposes.r

h.        h. You agree to comply with all laws and regulations applicable to your use of the Site and any materials you upload to, import onto or transmit via BlogTalkRadio's servers.

i.        You may not make available on any other website or in any other medium any Broadcast Blog Programs generated by or transmitted via the Site or BlogTalkRadio's servers; notwithstanding the foregoing, however, you may make Broadcast Blog Programs that you have created available on websites that are wholly owned and controlled by You. Any links directing users of the Site to the audio files associated with any Broadcast Blog Programs must be links provided to You by BlogTalkRadio; as such, direct linking/embedding of audio files by You is not allowed. BlogTalkRadio reserves the right to protect its business and thus users of the Site who attempt to bypass the BlogTalkRadio home page will have all of their content (audio, video, flash, images, etc.) removed from the Site at BlogTalkRadio's sole discretion. Users who violate this regulation may also be blocked from recording, uploading or playing any further content across BlogTalkRadio's network of sites. A conspicuous link back to http://www.blogtalkradio.com must be placed on any site on which any BlogTalkRadio users embed images or the audio files associated with any Broadcast Blog Programs. BlogTalkRadio reserves the right to disable direct linking on user accounts that are using excessive bandwidth or otherwise abusing the system.

j.        You will be exclusively responsible for the entire content of each Broadcast Blog Program created or hosted by you or under your authority, including the content that You generate as well as any content contributed in any manner by any guest or caller.

k.        BlogTalkRadio allows users to receive information via SMS. BlogTalkRadio uses 4INFO to transmit SMS messages. BlogTalkRadio and 4INFO do not charge for this service, but standard or other charges may apply from your carrier. To stop receiving text messages at anytime, text STOP to 80676. For help, text HELP to 80676 or email support@4info.net. For additional information go to www.4INFO.net


5. License


With respect to your Broadcast Blog Programs and all other content that You provide for use on the Site, you grant BlogTalkRadio a royalty-free, non-exclusive, perpetual right and license throughout the world to transmit, perform publicly, display publicly, perform digitally, distribute and syndicate your Broadcast Blog Programs and all of such content in whole or in part, for any and all purposes, to the extent permitted by law, and the right to grant to third parties the right to do any or all of the foregoing. Without limiting the foregoing provisions of this paragraph, BlogTalkRadio shall have a royalty-free, non-exclusive, perpetual right and license throughout the world to transmit and permit its end users, and other internet web site operators and their end users, to access your Broadcast Blog Programs via the Site and any other web sites. BlogTalkRadio shall not be liable for any unauthorized uses of your Broadcast Blog Programs by end users or any other third parties.


6. Advertising and Revenue-Sharing Opportunities

General Terms and Conditions. You acknowledge and agree that BlogTalkRadio may: (i) serve banner advertisements, audio advertisements and other forms of advertisements and promotions in connection with your Broadcast Blog Programs or Host Channel; (ii) derive sponsorship revenue, commissions, syndication fees, and other forms of revenue based on or in connection with your Broadcast Blog Programs and/or Host Channel; (iii) include your user name and descriptions of your Broadcast Blog Programs and/or Host Channel in a directory on the Site and in promotions associated with the Site; and (iv) in cases where your Broadcast Blog Programs are performed via an audio player that has the ability to display visual material, display BlogTalkRadio visual material simultaneously with the delivery of your Broadcast Blog Programs to the extent permitted by law. You agree not to block, delete or otherwise interfere with BlogTalkRadio's ability to display advertising or sponsored content on, or related to, the Site and/or your Broadcast Blog Programs. You agree that BlogTalkRadio has the right to place and conduct all advertisements, sponsorships and promotions in connection with your Broadcast Blog Programs and/or Host Channel, and to collect all forms of commissions and other revenue associated therewith, without compensation to you of any kind, except as expressly provided below. The timing, frequency, placement and extent of advertising, sponsorships and promotions by BlogTalkRadio in connection with your Broadcast Blog Programs and/or Host Channel is subject to change and shall be determined by BlogTalkRadio in its sole discretion. You acknowledge and agree that unless BlogTalkRadio agrees otherwise in a prior written agreement, You may not incorporate any advertising, or conduct any other paid sponsorship or promotional activities of any kind or nature, in or in connection with your Broadcast Blog Programs or Host Channel. In the event that You and BlogTalkRadio enter into an agreement allowing you to secure sponsors and/or advertisers in connection with Your Broadcast Blog Programs and/or Host Channel, You will be entitled to collect commissions and revenues in connection with such sponsors and/or advertisers as agreed to by all parties. Advertisement Insertion.BlogTalkRadio will display hyper-linked advertisements ("Ads") on in connection with the transmission of your Broadcast Blog Programs, Host Channel and audio player, and/or will play audio advertisements before, during or after your live show, and/or will insert advertisements before, during or after your archived audio. Each time a user of the Site clicks on one of the Ads ("Ad Clicks"), or one of the Ads appears via a visual or audio impression served by BlogTalkRadio ("Ad Impressions"), as applicable, you will be eligible to earn money. You acknowledge and agree that BlogTalkRadio may embed or serve with any audio content: (i) advertisement insertion software provided either by BlogTalkRadio (the "BlogTalkRadio Ad Insertion Software") or a third party; and (ii) third party and/or BlogTalkRadio-provided hyper-linked Ads. BlogTalkRadio uses the tag information and the BlogTalkRadio Ad Insertion Software to track and measure Ad Clicks and Ad Impressions.

a.        Implementation and Operation of Ads. All Ads served in connection with your Broadcast Blog Programs, Host Channel or audio content shall be displayed to listeners of your live stream or archived audio files on the Site in standard formats as offered generally by BlogTalkRadio from time to time.


b.        Ownership.You expressly acknowledge and agree that BlogTalkRadio or its licensees shall own all right, title and interest in and to the BlogTalkRadio Ad Insertion Software and all related technology, services, algorithms, search engines and search indices, including, without limitation, all intellectual property rights therein, and that you will not acquire any right, title or interest in or to the BlogTalkRadio Ad Insertion Software, except as expressly set forth in this Agreement. You will not create or attempt to create a substitute or similar service or product through use of or access to the BlogTalkRadio Ad Insertion Software or confidential information related thereto.


c.        Communications Solely With BlogTalkRadio. You will direct any communications relating to any third-party advertisements exclusively to BlogTalkRadio and not to the advertisers. No other communications from advertisers or other third parties will be binding on BlogTalkRadio or will otherwise affect this Agreement.

BlogTalk Radio Revenue Sharing Program. Subject to your compliance with the terms and conditions of this Agreement, and your registration with and acknowledgment to BlogTalkRadio that you wish to participate in the BlogTalkRadio revenue share program, BlogTalkRadio will pay you from thirty-five to fifty percent (35% to 50%), at BlogTalkRadio's sole discretion, of the revenue BlogTalkRadio receives from the applicable advertising sponsors or service providers, derived from valid Ad Clicks and Ad Impressions of the Ads displayed in connection with your Broadcast Blog Programs, your Host Channel or audio player, less any third-party service fees, refunds or credits due to the advertising sponsors or service providers, merchant card fees, ad-serving fees, campaign referral fees, affiliate payments and other related expenses.


a.        Payment Terms. Amounts You have earned pursuant to the terms of this Agreement under the BlogTalkRadio Revenue Sharing Program will be determined solely by BlogTalkRadio based upon data-regarding Ad Clicks, Ad Impressions, conversions and other applicable metrics collected by and/or supplied to BlogTalkRadio. Payments earned as a result of valid Ad Clicks and Ad Impressions displayed in connection with your Broadcast Blog Programs and/or Host Channel will accrue in United States currency and be posted to your BlogTalkRadio account (the "Account"). Generally, accrued payments will be available for withdrawal or transfer: (i) forty-five (45) days after the end of the month in which the applicable Ad Clicks and/or Ad Impressions have been processed (although BlogTalkRadio will not be liable for damages resulting from any failure to post payments to an Account within such time period); and (ii) when such accrued payments total at least twenty dollars ($20). You will not be entitled to receive interest on any payments made to your Account. Except as otherwise provided in paragraph 5.h below, payments will remain in your Account until: (a) You transfer such amounts to a PayPal account or other payment system acceptable to BlogTalkRadio; (b) You direct BlogTalkRadio in writing to distribute such payments to a designated BlogTalkRadio account or other payment system acceptable to BlogTalkRadio; or (c) BlogTalkRadio exercises its options to terminate this Agreement under Section 7 below. If you dispute BlogTalkRadio's calculation with respect to amounts owed to you, BlogTalkRadio will use reasonable efforts to resolve that dispute in good faith, but BlogTalkRadio's resolution will be final. You will be responsible for keeping your Account information current, and BlogTalkRadio will have no liability for failure to hold or deliver payments that result from inaccurate Account information. You are responsible for and agree to pay all applicable taxes or charges imposed by any government entity in connection with your participation in the BlogTalkRadio Revenue Share Program. BlogTalkRadio may change its pricing and/or payment structure at any time.


b.        Exceptions. BlogTalkRadio will have no obligation to pay any amounts, and is permitted to deduct any amounts posted to an Account, determined by BlogTalkRadio in its sole discretion to have resulted from: (i) invalid Ad Clicks or Ad Impressions generated by any person, bot, automated program or similar device, as reasonably determined by BlogTalkRadio, including, without limitation, through any clicks or impressions originating from your IP addresses or computers under your control, solicited by payment of money, false representation or request for end users to click on Ads, or Ad Clicks co-mingled with a significant number of invalid clicks; (b) content that breaches any term of this Agreement or the BlogTalkRadio Terms of Use for any applicable pay period; or (c) fraudulent, misleading or false activities. BlogTalkRadio reserves the right to withhold or deduct payment, or suspend or otherwise disable your Account, pending BlogTalkRadio's reasonable investigation of any of the foregoing or any breach of this Agreement by you, or in the event that an advertiser whose Ads are displayed in connection with your Content defaults on payment for such Ads to BlogTalkRadio.


c.        Placement of BlogTalkRadio Widget and Player on Other Websites/Blogs. In order to participate in BlogTalkRadio's Revenue Sharing Program, You agree to place on any web sites or blogs that are owned and/or controlled by You the BlogTalkRadio player and/or widget.


7. Representations and Warranties


In addition to any other representations and warranties contained herein, You represent and warrant that:


a.        You have full right and power to enter into and perform this Agreement, and have secured all third-party consents necessary to enter into this Agreement;

b.        All factual assertions that You have made and will make to BlogTalkRadio are true and complete;

c.        You are of the age of majority and have the full and complete right to agree to the terms contained in this Agreement;

d.        Neither your Broadcast Blog Programs nor any parts thereof defame any third parties, constitute impermissible hate speech or otherwise violate any rights of free speech of any third parties;

e.        Neither your Broadcast Blog Programs nor any parts thereof infringe upon the copyright or any other statutory or common-law intellectual property rights (including, without limitation, trademark, service mark, and trade name rights), proprietary rights (including without limitation trade secrets), or rights of privacy or publicity of any third party;

f.        You own or have the necessary licenses, rights, consents, and permissions to use and to authorize BlogTalkRadio to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Blogcast Blog Programs and the content thereof to enable inclusion and use of the same in the manner contemplated by the Site and this Agreement;

g.        You have the written consent, release, and/or permission of each and every identifiable individual person included in the content of your Broadcast Blog Programs to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the same in the manner contemplated by the Site and this Agreement;

h.        With respect to each musical recording uploaded by you to BlogTalkRadio, either you own or control all rights in any such sound recording;

i.        You understand that when using the Site, you will be exposed to Broadcast Blog Programs and other content from a variety of sources, and that BlogTalkRadio is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Broadcast Blog Programs and the content thereof. You further understand and acknowledge that you may be exposed to Broadcast Blog Programs and other content that are inaccurate, offensive, indecent, or objectionable, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against BlogTalkRadio with respect thereto, and agree to indemnify and hold BlogTalkRadio, iits owners, operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Site.


8. Termination


BlogTalkRadio reserves the right to terminate this Agreement immediately and without notice for any or no cause, at any time. Without limiting the preceding sentence, BlogTalkRadio may terminate your use of the Services or access to the Site immediately and without notice if: (a) You breach this Agreement or the Terms of Use; (b) You infringe the intellectual property rights of a third party in connection with your use of the Site; (c) BlogTalkRadio is unable to verify or authenticate any information You provide to it, or (d) any material uploaded or transmitted by you to the Site violates any applicable laws or rights of any third party.


9. Basic Services Refund and Cancellation Policy


In the event that BlogTalkRadio modifies its existing fee policies, and fees for basic services are charged to You by BlogTalkRadio on a monthly or other term basis, there will be no refunds for current, paid service after three (3) days of which service has been rendered in any given term. If You would like to cancel your basic services on the Site at the end of any given paid term, You must provide at least thirty (30) days prior written notice to BlogTalkRadio or your service will automatically extend and you will be billed for an additional term of the same length as your previous term. Written notice of cancellation must be sent to BlogTalkRadio in accordance with the notice provisions set forth in this Agreement. No refunds will be paid on current paid service, prepaid services, setup fees, upgrade fees, rush charges or change fees. You may request a refund in writing at the above address or by email to billing@BlogTalkRadio.com within three (3) days of purchase of any BlogTalkRadio services. BlogTalkRadio may choose, but is not obligated, to issue a refund on a case by case basis. BlogTalkRadio may choose, but is not obligated, to offer prorated credits toward new service upon change or upgrade to existing pre-paid services.


10. Premium Services Refund and Termination Policy


You may terminate your enrollment in the Premium Services program upon ten (10) days' written notice to BlogTalkRadio in accordance with the notice provisions set forth in this Agreement. If you have elected a monthly payment schedule for Premium Services, BlogTalkRadio shall not be responsible to refund to You any prepayments that You have made pursuant to this Agreement prior to the effective date of such termination. If you have elected to pay an Annual Fee for Premium Services, BlogTalkRadio shall refund to you within thirty (30) days of the effective date of such termination the unused portion of the Annual Fee (calculated on a pro-rata basis, based on the number of days of the annual term remaining after the effective date of termination).


11. Notices


Unless otherwise provided in this Agreement, any notices to BlogTalkRadio under this Agreement shall be sent via certified mail to the following address: BlogTalkRadio, Inc., 1072 Madison Ave, Lakewood, NJ 08701.


12. Further Actions Necessary


You agree to sign such other and further documentation as may be required by BlogTalkRadio in its sole discretion to effectuate the grant of rights and releases contemplated herein. You further agree, promptly upon the request of BlogTalkRadio, to produce any and all documents and other evidence related to your rights to create your Broadcast Blog Programs for transmission via the Site.

13. Adequacy of Consideration


You understand and agree that the consideration specifically recited in this Agreement is the complete and total consideration due to You from BlogTalkRadio, and You shall not look to BlogTalkRadio for any compensation or further consideration of any kind.


14. Assignment


This Agreement may be assigned by BlogTalkRadio. BlogTalkRadio may, without your consent, assign this Agreement to (i) a parent, subsidiary, affiliate, division or corporation controlling, controlled by or under common control with BlogTalkRadio; (ii) a successor corporation related to BlogTalkRadio by merger consolidation, bankruptcy reorganization or government action; or (iii) a purchaser of substantially all of BlogTalkRadio's assets. In the event that such assignment occurs, BlogTalkRadio, its successors, or assigns may terminate this Agreement by giving immediate written notice to You. Notwithstanding such termination, the indemnities, warranties and representations set forth herein shall remain in full force and effect.


15. Choice of Law; Venue; Dispute Resolution


The interpretation and enforcement of this Agreement shall be governed by the laws of the State of New York, without regard to its conflicts of laws principles. You and BlogTalkRadio agree that any and all disputes arising out of or related to this Agreement shall be resolved solely through binding arbitration pursuant to the provisions of this paragraph 15 and the then-current rules of the American Arbitration Association (to the extent not inconsistent with this paragraph 15). Any arbitration arising out of or related to this Agreement shall be held in the Borough of Manhattan in the City and State of New York, before one independent arbitrator agreed upon by both parties. Any arbitration will be final and binding, and the arbitrator's order will be entered and enforceable in any court of competent jurisdiction. The arbitrator will be chosen within thirty (30) days of the date that any issue is submitted to arbitration (the "Submission Date"), discovery (if any) will be completed within sixty (60) days after the Submission Date, the arbitration hearing will occur within ninety (90) days after the Submission Date, and the arbitrator must render his or her decision, in writing, within thirty (30) days after the conclusion of the arbitration hearing.


16. Unlawful Conduct


A. Notifications of any unlawful conduct, including, without limitation, copyright or other intellectual property infringement should be sent to BlogTalkRadio's Designated Agent at abuse@BlogTalkRadio.com. In particular, if You are a copyright owner or an agent thereof and believe that any Broadcast Blog Program or the content thereof infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing BlogTalkRadio's Designated Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

(i)        A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(ii)        Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

(iii)        Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;

(iv)        Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;

(v)        A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(vi)        A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

B. Counter Notifications should be sent to BlogTalkRadio's Designated Agent at abuse@BlogTalkRadio.com. If you elect to send us a counter notice, to be effective it must be a written communication that includes the following (please consult your legal counsel or See 17 U.S.C. Section 512(g)(3) to confirm these requirements):

(i)        A physical or electronic signature of the subscriber.

(ii)        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 access to it was disabled.

(iii)        A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.

(iv)        The subscriber's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which [NAME OF THIRD PARTY APPLICATION DEVELOPER] may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.

Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.


17. Remedy


Your sole remedy for any breach of this Agreement by BlogTalkRadio shall be the commencement of an arbitration proceeding for money damages, if any. In no event shall you be entitled to injunctive or other equitable relief based on any act or omission of BlogTalkRadio, or any breach of this Agreement by BlogTalkRadio.


18. Entire Agreement


This Agreement constitutes the entire understanding of the parties with respect to the subject matter hereof. There are no understandings, agreements, conditions or representations, oral or written, express or implied, with reference to the subject matter hereof, that are not merged herein, expressly referenced herein, or superseded hereby.


19. Independent Contractor


Nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise between You and BlogTalkRadio.


20. Severability


The provisions of this Agreement are independent of each other and the invalidity of any provision or a portion thereof shall not affect the validity or enforceability of any other provision. In the event that any particular provision is found to be invalid or unenforceable, such provision shall be deemed to have been replaced with a valid and enforceable provision that approximates as closely as possible the intent of the parties as reflected in the original provision.


21. No Waiver


Any delay or failure on the part of BlogTalkRadio to enforce any rights hereunder to which it may be entitled shall not be construed as a waiver of the right and privilege to do so at any subsequent time.


22. Indemnification


You indemnify and hold harmless BlogTalkRadio, and the officers, directors, employees, partners, principals, agents and representatives of BlogTalkRadio, from, against and in respect of any and all demands, claims, actions, causes of action, liabilities, losses and expenses, including reasonable attorneys' fees, arising out of or relating to (a) your participation in or use of the Site or any of the websites, facilities, software, transmission capabilities, or Services of BlogTalkRadio; (b) any breach by You of any covenant, representation or warranty made by you in this Agreement; (c) any claims that your Broadcast Blog Programs or other use of the Site violates the intellectual property rights of any third parties, defames any third parties, constitutes impermissible hate speech or otherwise violates any rights of free speech or any other rights of any third parties; and (d) any portion of the content of any Broadcast Blog Program created or hosted by You or under your authority, including the content that You generate as well as any content contributed in any manner by any guest or caller on any Broadcast Blog Program created or hosted by you or under your authority. This defense and indemnification obligation will survive any termination of this Agreement and your use of the Site.


23. Survival


All provisions which must survive in order to give effect to their meaning shall survive any expiration or earlier termination of this Agreement, including, without limitation all of your representations, warranties and indemnification obligations.


24. Disclaimer of Warranties; Limitation of Liability


THE SERVICES, PREMIUM SERVICES, INFORMATION, CONTENT, AUDIO TRANSMISSIONS OR OTHER DATA OF ANY KIND OR NATURE MADE AVAILABLE AT THE SITE (COLLECTIVELY, "INFORMATION") ARE PROVIDED "AS IS", AND ALL REPRESENTATIONS AND WARRANTIES, EITHER EXPRESS OR IMPLIED ARE DISCLAIMED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BLOGTALKRADIO MAKES NO WARRANTY, REPRESENTATION OR GUARANTY AS TO THE CONTENT, SEQUENCE, ACCURACY, TIMELINESS OR COMPLETENESS OF THE SITE OR THE INFORMATION OR THAT THE INFORMATION MAY BE RELIED UPON FOR ANY REASON. BLOGTALKRADIO MAKES NO WARRANTY, REPRESENTATION OR GUARANTY THAT USE OF THE SITE, THE SERVICES OR THE INFORMATION WILL BE UNINTERRUPTED, SECURE, VIRUS-FREE OR ERROR-FREE OR THAT ANY DEFECTS CAN BE CORRECTED. YOU SPECIFICALLY ACKNOWLEDGE THAT BLOGTALKRADIO SHALL NOT BE LIABLE FOR CONTENT SUBMITTED BY USERS OF THE SITE OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

WITHOUT LIMITING THE FOREGOING PROVISIONS OF THIS SECTION, BLOGTALKRADIO SHALL HAVE NO LIABILITY FOR ANY LOSSES OR INJURIES, WHETHER IN CONTRACT, TORT, WARRANTY OR OTHERWISE, OR FOR ANY LOST PROFITS OR DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING, IN WHOLE OR IN PART, FROM:


1.        BlogTalkRadio's actions, omissions or negligence, or for contingencies beyond its control, in procuring, compiling, or delivering the Information, the Site or the Services (including the Premium Services);

2.        any errors, omissions, or inaccuracies in the Information regardless of how caused, or delays or interruptions in delivery of the Information;

3.        any decision made or action taken or not taken in reliance upon the Information furnished in connection with the Site, whether such Information is posted;

4.        your use of, or reliance on the Information, or from the use by You of the Internet generally;

5.        your use of, or the inability to use, the Services (including the Premium Services) or the Site, even if BlogTalkRadio has been advised of the possibility of such damages;

6.        any unauthorized access to or use of BlogTalkRadio's servers and/or any and all personal information and/or financial information stored therein; and

7.        any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through the Site by any third party;

Notwithstanding any provision to the contrary contained in the Terms of Use or otherwise, BlogTalkRadio's total liability to You is limited to credit for services rendered.


  1. Today's Best
  2. Top Shows
  3. Best of BTR
    1. Loading

      Justin Bieber Crushes Selena Gomez

      Justin Bieber and Selena Gomez have broken up once again after Justin is immediately spotted with multiple ex girlfriends, flaunting it for Selena to see on social media. Plus, an exclusive interview with Nicole "Snooki" Polizzi.

    2. LeBron James: "I'm Coming Home"

      The saga is over. In an exclusive personal essay published on SI.com, LeBron James announced his decision to return to Cleveland after leaving the Cavaliers in favour of the Miami Heat just four years ago.

    3. Who Will Win The Hearts Of The Birdman

      NBA Free Agency is in full swing, so Jon and Ryan go all-out with a triple header episode featuring Seth Rosenthal on the New York Knicks, Rebecca Lawson on the Dallas Mavericks, and Ricky O'Donnell on the Chicago Bulls. They're all faced with the same tough question: who will win the heart of basketball's greatest free agent, Chris "Birdman" Andersen?

    4. What I've Learned In Cyber Security

      In this podcast Caleb Barlow speaks with Sandy Bird, CTO of IBM Security Systems, co-founder of Q1 Labs to discuss his recent appointment as an IBM Fellow, part of IBM’s elite "most exceptional" technical professionals.

    5. Cubs and A's

      Rich Wilson of Prospect361.com brings you the best live Fantasy Baseball show on the Internet.

    6. Violent Crimes In America

      Violent crimes in America have become an epidemic within the past decade or so, with more juvenile offenders taking to the streets, homicide and murder rates have skyrocketed, as science does their best to study the minds of America's most horrific killers. Amanda Seaton would like to invite you to delve into the world of crime and forensics.

    7. Living a Paleo Life

      Liz and Diane walk you through how to live a Paleo life.

    8. 2014 Training Camp Previews

      John Hansen goes around the league with Greg Cosell and previews some key things fantasy players should be watching for in training camps this summer.

    9. WWE Raw Review

      Catch Ring Rust Radio’s Full WWE Raw Review!

    10. Roger Eberts Life Itself

      Steve James joins Cinema Royale to talk about his stirring Roger Ebert documentary, Life Itself.

    11. Boxing Champ Mark Breland

      In this episode the Real Fans Real Talk Crew interview the 4 time boxing Golden Glove Champion, boxing Olympic Gold Medalist, and 2 time WBA Welterweight boxing champion, Mark Breland.

    12. "LeBron Is Going Back To Cleveland"

      Sheridan Hoops Radio on the Colin Cowherd show on ESPN Radio as they discuss Lebron James and much more.

    13. The Chicken Whisp

      Backyard Poultry with the Chicken Whisperer® is a nationally broadcast web radio show all about keeping backyard poultry, show poultry, and living a self-sufficient lifestyle.

    14. Marlene Wright Evans

      Jamaica may be synonymous with reggae, but if you ask Marlene Wright Evans, that's just the tip of the tropical iceberg.

    15. Author Robert Landau

      Robert Landau, author of Rock and Roll Billboards of the Sunset Strip, shows Peter a special photo he took of the old Marineland billboard advertising the former theme park that used to live on the land taken over by Terranea Resort.

    16. Play of the week Argentina vs Suiza

      Edgar Herrera brings you more exciting moments of the game on the play of the week that excites Nissan.

    1. Loading

      Rodney Perry Live

      On his show, Comedian Rodney Perry covers arts and entertainment, everything from comedy and politics to music and acting, with his signature comedic slant.

    2. Saturday Mornings With Joy Keys

      Joy Keys provides her listeners with insight to improve their lives mentally, physically, monetarily and emotionally. Past guests on the show have included Meshell Nedegeocello, Blair Underwood, in addition to an impressive list of CEOs, humanitarians and authors.

    3. Small Business Unstuck

      Host Barry Moltz gets small businesses unstuck. He has founded and run small businesses with a great deal of success and failure for more than 15 years. This is a business radio show where he shares all the craziness of small business. It’s that craziness that actually makes it exciting, interesting and totally unpredictable.

    4. The Bottom Line Sports Show

      The Bottom Line Sports Show is hosted by former NBA stars Penny Hardaway, Charles Oakley, Mateen Cleaves. Tune in to get the inside scoop on what's happening in sports today.

    5. Hits Radio

      Hits Radio covers basketball, sports culture and entertainment with past guests including Jason Kidd, Robin Lundberg and Chris Herren.

    6. The Halli Casser-Jayne Show

      Listeners get an earful on The Halli Casser-Jayne Show, Talk Radio for Fine Minds. Whether it’s the current political cocktail or the latest must-read award-winning book, Halli tackles all topics and likes to stir — and sometimes shakes — things up.

    7. America's Most Haunted

      Official Internet radio show of forthcoming epic paranormal investigation book by Eric Olsen and "Haunted Housewife" Theresa Argie.

    8. World Footprints

      Award-winning World Footprints is a leading voice in socially responsible travel and lifestyle. Hosts Ian & Tonya celebrate culture and heritage and bring a unique voice to the world of travel.

    9. Football Reporters Online

      Football Reporters Online is a group of veteran football experts in the fields of coaching, scouting, talent evaluation, and writing/broadcasting/media placement. Combined, the group brings well over 100 years of expertise in sports.

    10. Small Business Roundtable

      Host John Martin interviews the nation's leading entrepreneurs and small biz experts to educate small business owners on how to be successful. Past guests have included Emeril Lagasse and Guy Kawasaki.

    11. Sylvia Global

      Sylvia Global presents global conversations pertaining to women, wealth, business, faith and philanthropy. Sylvia has interviewed an eclectic mix from CEOs and musicians to fashion designers and philanthropists including Randolph Duke and Ne-Yo.