Xuxly Radio Operator Agreement

Version 2026-09-28. Effective September 28, 2026.

1. Scope and acceptance

This Radio Operator Agreement supplements the Xuxly Terms of Service between you and Nomenas Digital LLC. It applies when you activate radio capabilities, submit a station, or request publication of a station listing. The Terms supply the definitions, operator contact details, applicable account-age requirements, disclaimers, liability provisions, and dispute provisions unless this Agreement expressly addresses the specific subject differently.

The station's contracting operator must be an identifiable person or legal entity. A station name alone is not a separate legal person. If you act for a company or another operator, you represent that you have authority to bind it and grant the permissions in this Agreement. A representative does not incur an additional personal guarantee merely by acting for a disclosed entity with actual authority.

2. Directory listing and external playback

Xuxly presents approved station information and initiates playback from the external stream URL supplied by the Radio Operator. Except where expressly identified otherwise, Nomenas does not operate that station, determine its programming, or host its originating broadcast.

The ordinary listing does not authorize Xuxly catalog downloads of station programming, recording the entire stream for an on-demand archive, or separate retransmission through an unrelated service. Any materially different delivery arrangement requires rights and terms appropriate to that arrangement before it is enabled.

A stream can contain live speech, advertisements, music, or changes not individually reviewed by Nomenas. The Radio Operator remains responsible for the stream, its accuracy, its programming, and the permissions required for the activity it authorizes. A publicly accessible stream URL is not, by itself, proof that all necessary rights have been obtained.

3. Rights you must obtain and maintain

You represent and warrant that you have authority to submit the stream and station materials, permit the station to appear and play within Xuxly, and grant the licenses below. You must hold or obtain all necessary permissions covering, as applicable, musical compositions, lyrics, sound recordings, performances, presenters, guests, advertisements, photographs, artwork, logos, names, and other programming or submitted material.

Your permissions must cover the actual authorized delivery and its territories. You must not assume that a station's own performance license automatically licenses every separate act by Xuxly, permits unrestricted worldwide delivery, or permits use of station branding by a third party. You must disclose any limitation that would prevent the proposed Xuxly use before requesting publication. Unless Nomenas expressly accepts a restriction and a workable delivery arrangement in writing, do not submit a stream that requires an unimplemented territorial or access restriction.

You are responsible for payments you owe to your licensors, performers, collecting organizations, and other rightsholders. You may not bind Nomenas to pay those parties, sign a license on its behalf, or represent that Nomenas has accepted an obligation by listing the station. Nomenas does not undertake to purchase additional station licenses under this Agreement. A compulsory obligation imposed on Nomenas by applicable law, or a valid right of a nonparty, cannot be removed by this allocation; Nomenas may decline or disable the relevant use rather than continue an unlicensed or unsupported activity.

Notify legal@xuxly.com promptly if rights expire, a license is challenged, a territory changes, the stream is compromised, or another fact materially affects these assurances. Provide reasonably requested evidence of authority, preferably limited to the relevant rights rather than unrelated confidential material.

4. License to operate the listing

You retain ownership of your station materials. To the extent of rights you hold or are authorized to grant, you give Nomenas a nonexclusive, worldwide, royalty-free license during the listing to store, reproduce, format, display, and distribute your submitted station identity, descriptions, artwork, updates, and metadata within the Service; to present and use the stream URL to connect authorized listeners; and to make the technical copies needed for those functions.

You also authorize reasonable use of the station's name, logo, and submitted descriptive material to promote its Xuxly listing through Xuxly and Nomenas's own promotional channels. This does not authorize a false endorsement, a separate sale of your programming, or sublicensing your station as an unrelated commercial product.

Nomenas may use hosting, caching, delivery, and other contractors only as necessary for the authorized Service functions. This license does not imply that you own rights you do not own, does not replace underlying programming clearances, and does not authorize training a general-purpose generative model on your submitted audio.

5. Submission, review, and publication

A station starts as a private draft. Nomenas may validate its HTTPS endpoint, basic availability, format, and security, and may review the submitted profile. Technical validation and approval do not certify copyright clearance or create a promise to monitor every broadcast.

Approval alone does not publish a station. You must explicitly request publication through the applicable workflow. Later profile, artwork, stream, or update revisions may be reviewed privately before you apply them to the public station. Keep the endpoint and contact information current and do not replace an approved endpoint with unrelated, deceptive, malicious, or unauthorized content.

Nomenas may reject a listing, request corrections, limit a feature, or disable a station for rights, legal, security, quality, availability, or abuse concerns. It does not guarantee placement, listeners, uptime, statistics, or retention of a particular listing.

6. No payment arrangement

Station submission and listing are currently free. Listing a station, supplying programming, or attracting listeners does not entitle you to royalties, revenue share, reimbursement, or any other payment from Nomenas. No subscription or automatic renewal is created. A different commercial arrangement requires a separate express agreement with Nomenas; a statement in your station metadata cannot change this Agreement.

7. Listener data and third parties

When a listener connects to your stream, your infrastructure or stream provider may receive the listener's IP address and other connection information. You are responsible for your own privacy disclosures, security, and legal obligations in relation to that processing. Do not request private Xuxly account data merely because a person listens to your station.

You must not use the submission or stream integration to obtain credentials, introduce malware, or collect unrelated information deceptively. Your own advertisements or tracking remain your responsibility; they do not establish that Xuxly operates the same advertising system.

8. Removal and termination

You may request ordinary removal through the available station controls or legal@xuxly.com. After a sufficiently identified and authorized request, Nomenas will discontinue the public listing and new connections through that listing as soon as reasonably practicable and no later than 30 days. A rights claim, binding order, or security issue may require faster restriction under the applicable reporting process; the ordinary withdrawal period is not a waiting period for those cases.

Removal does not shut down your own stream, recall material already obtained by third parties, or delete files from listeners' devices. Nomenas may retain restricted records reasonably necessary to establish permissions, investigate abuse, resolve disputes, and satisfy legal obligations, subject to the approved Privacy Policy retention schedule. This exception does not authorize continued public streaming through a removed listing.

The Moderation and Reporting Policy describes ordinary review requests. The Copyright and DMCA Policy controls statutory copyright notices and counter-notices.

9. Responsibility for third-party claims

To the extent permitted by law, you will defend and indemnify Nomenas and its members, officers, employees, and authorized service providers against third-party claims, resulting liabilities, judgments, reasonable settlements, and reasonable external legal costs to the extent caused by your lack of promised rights, material breach of this Agreement, unlawful programming or submission, or deliberate misuse of the integration.

This obligation does not cover loss caused by the protected person's own fraud, willful misconduct, gross negligence, or use outside the license you granted. Nomenas will provide reasonably prompt notice and cooperation, subject to protection of privileged or confidential material. A delay in notice reduces your responsibility only to the extent it materially prejudices your defense. Nomenas may participate with its own counsel at its own expense, or take over a conflicted or inadequately conducted defense where reasonably necessary. You may not settle a claim in a way that admits fault by, imposes a nonmonetary duty on, or does not fully release a protected person without that person's written consent, not unreasonably withheld.

The Terms' limitations of Nomenas's liability apply to this Agreement to the extent enforceable. They do not create a separate cap on your rights warranties or indemnity. Nothing in this Agreement excludes liability that applicable law does not allow a party to exclude.