Last Updated: June 23, 2025 // Version 2.0
1. Acceptance of Terms
Welcome to the Headstate Radio online service ("Service"), provided and operated by Headstate Productions, LLC ("we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of the Service. By accessing or using the Service, you signify your unreserved acceptance of and agreement to be bound by these Terms. If you do not agree to all the Terms, you are expressly prohibited from using the Service and must discontinue use immediately.
2. Definitions
- Service: Refers to the Headstate Radio online streaming platform, including all associated websites, applications, content, and features provided by us.
- User(s): Refers to any individual or entity who accesses or uses the Service.
- Content: Refers to all text, images, audio, video, software, and other materials available on or through the Service, including music, mixes, and other audio content.
- User Submissions: Refers to any Content, including music, mixes, or other audio material, that Users provide, upload, transmit, or otherwise make available to the Service for consideration of broadcast or use.
3. Intellectual Property Rights
The Service and its entire original Content (excluding User Submissions), features, and functionality, including but not limited to all software, visual elements, audio programs, text, graphics, logos, and trademarks, are and will remain the exclusive property of Headstate Productions, LLC and its licensors. The Service is protected by copyright, trademark, patent, and other intellectual property laws of both the United States and international jurisdictions. Our trademarks and trade dress may not be used in connection with any product or service without our express prior written consent.
4. License to Use Service
Subject to your compliance with these Terms, Headstate Productions, LLC grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service solely for your personal, non-commercial entertainment purposes. No rights or licenses are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Headstate Productions, LLC, except for the licenses and rights expressly granted in these Terms.
5. User Conduct and Prohibited Activities
You agree to use the Service only for lawful purposes and in a manner that does not infringe upon or restrict the rights of, or inhibit the use and enjoyment of the Service by, any other User. Prohibited activities include, but are not limited to:
- Engaging in any illegal activity or promoting any illegal acts.
- Transmitting or uploading any malicious code, viruses, worms, or any content designed to disrupt, damage, or limit the functionality of any software, hardware, or telecommunications equipment.
- Attempting to gain unauthorized access to any part of the Service, other User accounts, or computer systems connected to the Service.
- Interfering with or disrupting the integrity or performance of the Service or data contained therein.
- Circumventing, disabling, or otherwise interfering with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service.
- Harassing, annoying, intimidating, or threatening any of our employees or agents engaged in providing any portion of the Service to you.
- Using the Service for any commercial endeavors, unless expressly permitted by Headstate Productions, LLC in writing.
- Reverse engineering, decompiling, disassembling, or otherwise attempting to discover the source code or underlying ideas or algorithms of the Service.
6. User Submissions
By submitting any User Submissions to Headstate Radio (e.g., music, mixes, audio content), you grant Headstate Productions, LLC a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, perform, and otherwise exploit your User Submissions in connection with the Service and Headstate Productions, LLC's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels now known or hereafter developed. You also grant each User of the Service a non-exclusive license to access your User Submissions through the Service, and to use, reproduce, distribute, display, and perform such User Submissions as permitted through the functionality of the Service and under these Terms.
You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish User Submissions you submit; and you grant to Headstate Productions, LLC the license set forth above, and that the User Submissions, or our use thereof, will not infringe, misappropriate, or violate a third party's intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
7. Third-Party Links and Services
Our Service may contain links to websites or services that are not owned or controlled by Headstate Productions, LLC. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that Headstate Productions, LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
8. Disclaimer of Warranties
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE. HEADSTATE PRODUCTIONS, LLC DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS.
9. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HEADSTATE PRODUCTIONS, LLC, NOR ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (III) ANY CONTENT OBTAINED FROM THE SERVICE; AND (IV) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
10. Indemnification
You agree to defend, indemnify, and hold harmless Headstate Productions, LLC and its licensees and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) your breach of these Terms; or c) your violation of any rights of a third party, including intellectual property rights.
11. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the State of Oregon, USA, without regard to its conflict of law provisions. You agree that any legal action or proceeding arising out of or related to these Terms or the Service shall be brought exclusively in the state or federal courts located in Oregon, USA, and you hereby consent to the personal jurisdiction and venue of such courts.
12. Termination
We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will immediately cease. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
13. Severability
If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms will remain in full force and effect. The invalid or unenforceable provision will be replaced by a valid and enforceable provision that most closely matches the intent of the original provision.
14. Entire Agreement
These Terms constitute the entire agreement between Headstate Productions, LLC and you regarding our Service, and supersede and replace any prior agreements, understandings, or communications, whether oral or written, between us regarding the Service.
15. Changes to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material (as determined by us in our sole discretion), we will provide at least 30 days' notice prior to any new terms taking effect. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
16. Contact Information
If you have any questions about these Terms of Service, please contact us: info@headstateradio.com