Terms & Conditions

1. Terms

By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.

By accessing this website, you are also agreeing to receive periodic promotional materials via email. You may choose not to receive such promotional materials only if you create an account listed on this website. Any requests to be excluded from such correspondence must be made via email through the support link on this website.

2. Use License

  1. Permission is granted to temporarily access the materials (information or software) on Marci's web site for personal, non-commercial or commercial transitory viewing only. This is the grant of a license, not a transfer of title or ownership, and under this license you may not:
    • modify or copy the materials;
    • attempt to decompile or reverse engineer any software contained on Marci's web site;
    • remove any copyright or other proprietary notations from the materials; or
    • claim ownership or insinuate ownership of the materials; or
    • transfer the materials to another person/company or "mirror" the materials on another server/domain.
    • perpetuate the spread of malware or spyware to view the materials
    • create, assist in the creation of, or help perpetuate the creation, storage, and viewing of archival song data, stats, ratings, images, etc. for historical or any other related and unrelated purposes.
  2. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Marci at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
  3. Marci reserves the right to amend and/or rescind access to, administration of and features associated with the Marci Rater (Pro) account types and feature package under the following conditions:
    • To provide uninterrupted service to other users
    • Limit bandwidth to abusive accounts
    • To ensure the integrity of the Marci service as a whole

3. Disclaimer

  1. The materials on Marci's web site are provided "as is". Marci makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Marci does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

4. Limitations

In no event shall Marci or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Marci's Internet site, even if Marci or a Marci authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. Revisions and Errata

The materials appearing on Marci's web site could include technical, typographical, or photographic errors. Marci does not warrant that any of the materials on its web site are accurate, complete, or current. Marci may make changes to the materials contained on its web site at any time without notice. Marci does not, however, make any commitment to update the materials.

6. Links

Marci has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Marci of the site. Use of any such linked web site is at the user's own risk.

7. Site Terms of Use Modifications

Marci may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

8. Governing Law

Any claim relating to Marci's web site shall be governed by the laws of the State of California without regard to its conflict of law provisions.

9. Termination

Marci reserves the right to terminate any account for any reason (such as abuse) without prior notice. If your SHOUTcast server details, namely maximum listeners slots exceed the value of your Marci maximum listener slots as it was recorded at the time of your account creation, your account may be terminated without notice at Marci's sole discretion. In the event you are provided with a grace period during which you must upgrade your Marci account to become equal to your SHOUTcast server's maximum listener slots, you will have 48 hours to do so. Failure to adjust your SHOUTcast server maximum listener slots to a value appropriate to that of your current Marci account will result in the termination of your account. Please note again, no refunds are given in any amount for any reason at any time.

10. Expiration / Cancellation

Your Marci account expiration date is one year from the date of your account creation. You may cancel your account at anytime within a one year period. However, because you are required to test your radio station's SHOUTcast server credentials for compatibility with the Marci service before you create an account, no refunds are given in any amount for any reason at any time.