Terms of Service
Last Updated: August 12, 2026
1. Introduction
These Terms of Service ("Terms") are an agreement between Creek, LLC ("Creek," "we," "us," or "our") and the organization or person that registers for or uses a Creek account ("you"). These Terms govern your use of the Creek platform — our hosted radio software toolkit, including live streaming, audio archiving, scheduling, playlists, media management, websites, mobile apps, embeddable players and widgets, hardware integrations, and any related applications, content, and services we offer (collectively, the "Services").
If you use the Services on behalf of a radio station or other organization, "you" means that organization, and you represent that you are authorized to accept these Terms on its behalf.
The Creek Privacy Policy and DMCA Policy are incorporated into these Terms by reference.
Your listeners and website visitors are not parties to these Terms. The Services are a white-label web development toolkit that you embed in and operate as part of your own websites, apps, and streams. You — not Creek — are the operator and publisher of your public-facing properties, and your own terms and policies govern your audience's use of them. See Section 7 (Your Content) and Section 10 (Copyright and DMCA).
2. Acceptance of These Terms
By clicking a button or checking a box indicating acceptance (such as "Get Started"), creating an account, or accessing or using the Services, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Services.
3. Changes to These Terms
We may update these Terms from time to time. If we make a material change, we will notify you at least thirty (30) days before the change takes effect, by email to your account email address or by a prominent notice within the Services, and we will update the "Last Updated" date above. If you do not agree to the updated Terms, you may cancel your subscription before the change takes effect; your continued use of the Services after the effective date constitutes acceptance of the updated Terms. Non-material changes (such as clarifications or corrections) take effect when posted.
4. Eligibility, Accounts, and Authorized Users
You must be at least 18 years old and have the legal capacity to enter into a binding agreement to register an account or act as an account administrator.
You may permit your staff, DJs, hosts, and volunteers ("Authorized Users") to use the Services through your account. You are responsible for all use of the Services by your Authorized Users as if it were your own, including their compliance with these Terms. Authorized Users must be at least 13 years old; Authorized Users under 18 may use the Services only where permitted by applicable law and your own policies, and you are responsible for obtaining any required parental or guardian consent.
You are responsible for keeping login credentials confidential and for all activity that occurs under your account. Notify us promptly at help@creek.org of any unauthorized use of your account or other security breach.
5. Subscriptions, Fees, and Billing
Fees. Fees for the Services are described at creek.org/pricing or otherwise agreed between you and Creek in writing (including by email). Some tools carry one-time or hourly fees in addition to subscription fees. Some Services also involve third-party usage-based costs — for example, storage of your audio in a third-party storage account managed for you as described in Section 11 — which we may pass through to you at the provider's rates or as described in our pricing.
Free trial. If your subscription begins with a free trial, you will not be charged until the trial ends, and we will notify you by email before your first charge. If you cancel during the trial, you owe nothing.
Automatic renewal. Paid subscriptions renew automatically at the end of each billing period (monthly or yearly, per the billing period you selected) until cancelled. By subscribing, you authorize us to charge the then-current fees for each renewal period using your selected payment method or by invoice.
Cancellation. You may cancel your subscription at any time by emailing help@creek.org from your account email address, or by using any cancellation tools we make available in your account. Cancellation takes effect at the end of your current billing period; you will not be charged after that, and you will retain access to the Services through the end of the period.
Refunds. Except as expressly stated in these Terms or required by applicable law, fees are non-refundable, and cancelling mid-period does not entitle you to a refund for the remainder of the period. If we terminate your subscription without cause under Section 13, we will refund the prorated unused portion of any prepaid fees.
Price changes. We may change our fees by giving you at least thirty (30) days' notice by email. Fee changes take effect at your next renewal; if you do not agree, cancel before the renewal.
Nonpayment. If fees remain unpaid fourteen (14) days after we notify you that payment is overdue, we may suspend the Services until payment is made, and may terminate for continued nonpayment under Section 13.
Taxes. Fees do not include taxes. You are responsible for any applicable sales, use, or similar taxes, other than taxes on Creek's income.
6. Your License to Use the Services
Hosted Services. Subject to these Terms and payment of applicable fees, Creek grants you a limited, non-exclusive, non-transferable license, during your subscription, to access and use the hosted Services — including our APIs, streaming, archiving, storage, embeds, and hosting — to operate your station or organization's broadcasting, webcasting, publishing, podcasting, fundraising, and related activities. This expressly includes:
- embedding Creek players, schedules, archives, and other tools into your own websites and apps, without any requirement to display Creek branding;
- building and operating websites and apps on your own domains that use the Services, whether built by you, by Creek, or by a developer working on your behalf;
- distributing your streams, archives, podcasts, websites, and apps to the public; and
- commercial activity on your own properties, such as underwriting, advertising, and fundraising.
Developer code. Some Creek software is distributed to you rather than hosted — for example, our website framework and component libraries such as the Creek Studio Website Toolkit, which developers install, modify, and build into station websites. Distributed code is governed by the license that accompanies it (for example, an open-source license such as the MIT License), not by this Section; nothing in these Terms limits the rights that license grants you, and those rights survive termination of these Terms. Your subscription is what provides the hosted Services — the streams, archives, schedules, data, and hosting — that websites built with our framework connect to.
Developers and agencies. A developer or agency may access and use the Services on behalf of a customer organization, under that organization's account, as its Authorized User. Each organization using the hosted Services must have its own Creek account and subscription; you may not resell, sublicense, or offer the hosted Services to third parties as your own service, except as we agree in writing.
Restrictions. You may not: (a) reverse engineer the hosted Services or attempt to extract their source code, except to the extent permitted by law (this does not apply to code we distribute to you, which is governed by its accompanying license); (b) interfere with or disrupt the Services, circumvent usage limits or security measures, or access the hosted Services by any means other than the interfaces we provide or document; or (c) use the Services in violation of applicable law.
7. Your Content; License You Grant Us
You own your content. You retain all rights in the content you or your Authorized Users upload, post, or transmit through the Services, including audio files, streams, show schedules, playlists, images, and text ("User Content"). Creek claims no ownership of User Content.
Your website. If Creek or a developer builds a website or app for you using our framework, then, as between you and Creek, the site-specific work — your site's content, design choices, configuration, and customizations — belongs to you. The underlying framework, component libraries, and other materials of general applicability remain Creek's or their respective owners', licensed as described in Section 6.
License to Creek. So that we can run the Services for you, you grant Creek a worldwide, non-exclusive, royalty-free license to host, store, cache, reproduce, reformat, transcode, publicly perform and display, transmit, and distribute User Content, and to sublicense those rights to our infrastructure providers (such as hosting and content delivery networks), solely as necessary to provide, maintain, secure, and improve the Services at your direction. This license ends when your User Content is deleted from the Services, except that copies may persist temporarily in routine backups until purged on our normal backup schedule.
Your responsibility. You are solely responsible for User Content. You represent and warrant that you have all rights, licenses, permissions, and consents necessary to use and distribute your User Content through the Services and to grant the license above. Creek does not monitor, endorse, or assume any responsibility for User Content.
8. Music Licensing and Royalties
You are solely responsible for all music and third-party content licensing. If your streams, archives, podcasts, or other User Content include music or other third-party material, you are solely responsible for obtaining and maintaining all required licenses and authorizations and for paying all associated royalties and fees, including without limitation:
- public performance licenses for musical works (e.g., ASCAP, BMI, SESAC, GMR, or direct licenses);
- digital sound recording performance royalties (e.g., statutory webcasting royalties payable to SoundExchange, or direct licenses from rights holders);
- any applicable reproduction or mechanical licenses; and
- compliance with the conditions of any statutory license you rely on, including the requirements of 17 U.S.C. § 114 (which, among other things, restricts on-demand and archived programming features).
Creek provides software infrastructure only. Any reporting or logging tools we offer (such as playlist reports for SoundExchange or performing rights organizations) are provided as aids; they are not legal advice, and we do not warrant that they satisfy any licensing or reporting obligation. Creek is not the broadcaster, webcaster, publisher, or licensee of your content.
9. Acceptable Use
You may not use the Services to: (a) store or distribute content that is unlawful or that infringes or misappropriates any third party's rights; (b) distribute malware or other harmful code; (c) harass, threaten, or defame others; (d) gain unauthorized access to systems, accounts, or data; (e) impose an unreasonable load on the Services or interfere with other customers' use; or (f) misrepresent your affiliation with any person or organization.
If we reasonably believe User Content or your use of the Services violates these Terms or applicable law, we may remove or disable access to the content or suspend the affected Services, with notice to you where practicable.
10. Copyright and DMCA
Your properties, your responsibility. The Services are white-label developer tools embedded in and operated as part of your own websites, apps, and streams. You are the operator and publisher of those properties, and you are responsible for handling copyright complaints directed at them — including notices under the Digital Millennium Copyright Act ("DMCA") — and for operating your properties in accordance with the DMCA and other applicable law. If you allow third parties to submit or post content on your properties, you should adopt your own DMCA policy and consider designating your own agent with the U.S. Copyright Office to receive infringement notices for your properties.
Notices Creek receives. If Creek receives a DMCA notice or other infringement complaint concerning content you store or distribute through the Services, we may forward it to your account email address, and you must respond and take appropriate action promptly, and in any event within three (3) business days. Because Creek is also a hosting provider for the underlying files, the DMCA requires us to act expeditiously in certain circumstances: if you do not act, or where we determine it necessary, we may ourselves remove or disable access to the identified material and will notify you if we do. Infringement complaints may also be sent to the third-party storage provider that holds your storage account (see Section 11); you must likewise cooperate with and respond to those complaints, and Creek may take any action the provider requires of it as account manager.
Creek's DMCA policy. Creek's own notice and counter-notice procedures, and the contact information for Creek's designated Copyright Agent, are set out in our DMCA Policy.
Repeat infringers. In appropriate circumstances, Creek will terminate the accounts of customers who are repeat infringers.
11. Third-Party Services
The Services interoperate with third-party services you may choose to connect, such as Spinitron. Your use of third-party services is governed by their terms, and you are responsible for your accounts with them. By providing Creek with API keys or credentials for a third-party service, you authorize us to use them to operate the integration on your behalf. Creek does not control and is not responsible for third-party services, and makes no warranties about them.
Third-party storage accounts. Some Services store your User Content (such as audio archives) in a per-station account with a third-party storage provider (for example, Backblaze) that Creek establishes and manages for you under Creek's partner arrangement with the provider. You authorize Creek to create, access, configure, and administer that account on your behalf as needed to provide the Services. Content in that account is your User Content: it remains yours, remains subject to the license in Section 7, and remains your responsibility under Sections 7 through 10. You agree to comply with the storage provider's terms of service and acceptable use policies with respect to content stored in your account, and Creek may take any action the provider requires of it as account manager (including removing content) to keep the account in good standing. On your request, upon termination, or where Creek reasonably determines it necessary, Creek may transfer the storage account to your direct control and direct billing with the provider; after such a transfer, your relationship with the provider is direct, and Creek has no further responsibility for the account or the content stored in it.
12. Changes to the Services; Support
We are continually developing the Services and may add, change, or remove features. If a change materially reduces the core functionality of a paid subscription, we will use reasonable efforts to notify you in advance, and you may cancel under Section 5. We provide support by email at help@creek.org using commercially reasonable efforts; no specific service level or uptime is guaranteed unless agreed in a separate written agreement.
13. Termination
By you. You may cancel at any time as described in Section 5.
By us, for cause. We may suspend or terminate your access to the Services if: (a) you materially breach these Terms and (where the breach is curable) fail to cure it within fourteen (14) days after we notify you; (b) fees remain unpaid as described in Section 5; (c) your use of the Services creates a security risk or legal exposure for Creek or others; or (d) termination is required under our repeat-infringer policy. Where the circumstances make notice impracticable (for example, ongoing unlawful activity), suspension or termination may be immediate.
By us, without cause. We may terminate your subscription without cause on at least thirty (30) days' notice, in which case we will refund the prorated unused portion of any prepaid fees.
Your data after termination. For thirty (30) days after termination or expiration, we will make your User Content available for export in reasonable, standard formats and will provide reasonable assistance on request. Where your User Content resides in a third-party storage account managed for you (see Section 11), we may satisfy this in whole or in part by transferring that account to your direct control and direct billing with the provider. After that period, we may delete your User Content and account data, subject to routine backup purge cycles and any retention required by law.
Your website after termination. Because code we distribute is licensed separately (see Section 6), termination does not affect your rights to a website or app built with our framework — it remains yours to run and host anywhere, although it will no longer receive streams, data, or other hosted Services from Creek.
Survival. Sections that by their nature should survive termination — including the "Developer code" provisions of Section 6, Sections 7 (license to Creek, limited to backup purge), 8, and 14 through 18, and any accrued payment obligations — survive.
14. Disclaimers
The Services are provided "as is" and "as available," without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. Creek does not warrant that the Services will be uninterrupted, error-free, or completely secure, that any content will be preserved without loss, or that any reporting tool satisfies any legal or licensing obligation. Features identified as beta or experimental are provided without any warranty at all. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
15. Limitation of Liability
To the fullest extent permitted by law, in no event will Creek, LLC, its affiliates, or their respective officers, directors, employees, or agents be liable for any indirect, incidental, special, exemplary, or consequential damages (including but not limited to lost profits, loss of data, or business interruption) arising out of or in connection with your use of or inability to use the Services, your User Content, or these Terms, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if advised of the possibility of such damages.
To the fullest extent permitted by law, the aggregate liability of Creek, LLC, its affiliates, and their respective officers, directors, employees, and agents arising out of or in connection with your use of or inability to use the Services, your User Content, or these Terms will not exceed the greater of ONE HUNDRED U.S. DOLLARS (US $100) or the amounts you paid to Creek, LLC for the Services during the six (6) months preceding the event giving rise to the liability.
16. Indemnification
You agree to indemnify, defend, and hold harmless Creek, LLC, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with: (a) your User Content, including any claim that it infringes or misappropriates any third party's rights; (b) any failure to obtain licenses or pay royalties described in Section 8; (c) your websites, apps, streams, and other properties and your audience's use of them; or (d) your violation of these Terms or applicable law. We may, at our option, assume control of the defense of any such claim at our expense, and you agree not to settle any claim that imposes obligations on Creek without our prior written consent.
17. Governing Law and Venue
These Terms and any dispute arising out of or relating to these Terms or the Services are governed by the laws of the State of California, without regard to its conflict of laws principles. Any legal action or proceeding arising out of or relating to these Terms or the Services must be brought exclusively in the state courts located in Santa Clara County, California, or the United States District Court for the Northern District of California (San Jose Division), and you consent to the personal jurisdiction and venue of those courts.
18. Miscellaneous
These Terms, together with the policies they incorporate and any written agreement between you and Creek (which controls over these Terms in the event of a conflict), constitute the entire agreement between you and Creek, LLC with respect to the Services and supersede all prior or contemporaneous understandings and agreements with respect to the Services.
If any provision of these Terms is held invalid, illegal, or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will continue in full force and effect. No failure or delay by Creek in exercising any right under these Terms is a waiver of that right.
You may not assign these Terms without our prior written consent; we may assign these Terms to an affiliate or in connection with a merger, acquisition, or sale of assets. Neither party is liable for delay or failure to perform (other than payment obligations) caused by events beyond its reasonable control. If you send us feedback or suggestions about the Services, we may use them without restriction or obligation to you.
We may send notices under these Terms to your account email address; you are responsible for keeping it current. You may send notices to us at help@creek.org or the mailing address below.
19. Contact Information
If you have any questions about these Terms, the Services, or your account, please contact us at:
Creek, LLC
4228 Olive Hwy.
Oroville, CA 95966
USA
Email: help@creek.org