The Stabcast is a weekly 2 hour podcast that combines typical talk formats with comedy and music. The show is featured live on Stickam and made available for download the following day. The show is also syndicated via several other outlets including, but not limited to: YouTube, Tivo, iTunes, Verizon FiOS On Demand (select markets), Time Warner Cable VOD (select markets), Boxee, Roku, Zencast, Zune, Last.FM, Stickam, BlogTV and Sirius.
A quick overview of our stats and demographics shows that our typical listener is male aged 18-24 (27%). A typical show has an audience of 24,658 people.
You may use the form below to upload your music to use for consideration to be played on the show. Along with your submitted music, you must also submit a sounder that will be played either before or after your song(s). You can either upload a sounder, or leave it as a voice mail at 888-979-9850 (voice mail is active 24 hours a day except for Saturday 1PM-3PM EST). The sounder must be as follows: “This is (your name) from (band name) and you’re listening to The Stabcast at stabcast.com.”
By submitting your music you agree to the license agreement below. All files must be in mp3 format. As upload box will show up after you enter the following passcode: agree
This is a License Agreement (“Agreement”) between The Stabcast, on behalf of itself, its subsidiaries, parents, successors in interest and affiliates (“The Stabcast”, “we” or “us”) and you, on behalf of yourself, your band members and all others who have an ownership interest in the “Content” (as defined below) (collectively, “You” or “you”). All capitalized terms shall have the meaning set forth in this Agreement. License. You grant to The Stabcast the world-wide non-exclusive right and license, in perpetuity (unless terminated earlier by You or The Stabcast), to use, copy, modify, adapt, translate, publicly perform, digitally perform, publicly display and distribute any sound recordings, compositions, pictures, videos, song lyrics, still images, Your name, picture, portrait, photograph, band information data, graphics, trademarks, text, information, screen names, profiles, newsletters, gig listings, playlists, podcasts, blogs, broadcasts, messages, software, XML, RSS and links and/or other content (collectively, the “Content”) submitted by You to us on this website (the “Site”), including portions, composites, likenesses or distortions or alterations of same, in whole and in part, and to prepare derivative works of, or incorporate into other works, the Content, in connection with the preparation transmission, operation, production and advertising of and for all media and methods selected by you above on the Site (mark all selections that are applicable). No Obligation to Use. The Stabcast shall have no express or implied obligation to use THE STABCAST IS RELEASED OF LIABILITY: For good and valuable consideration herein acknowledged as received, the Subject releases The Stabcast and assigns permission to license all images, sound recordings and video recordings and to use of images, sound recordings and video recordings in any media for any purpose which may include, among others, advertising, promotion, marketing and packaging for any product or service. The Subject agrees that any images, sound recordings and video recordings may be combined with other images, text and graphics, cropped, altered and modified. THE STABCAST RETAINS ALL RIGHTS: The Subject agrees that The Stabcast has all rights to images, sound recordings and video recordings, for perpetuity unless explicitly noted in this Agreement. The Subject acknowledges and agrees that The Stabcast is not liable for any further consideration or accounting, and further claims for any reason. DURATION OF AGREEMENT: The Subject acknowledges and agrees that this Agreement is binding on all heirs and assigns. The Subject acknowledges and agrees that this Agreement is irrevocable, worldwide and perpetual, and will be governed by the laws of the Commonwealth of Pennsylvania, excluding the law of conflicts. The Stabcast must attain the written permission of the Subject before selling the rights to any recordings to a third party. This Agreement contains the entire agreement between the parties to this release and the terms of this Agreement are contractual and not a mere recital. This Agreement will be construed in accordance with and governed by the laws of the Commonwealth of Pennsylvania. IN CONSIDERATION and as a condition of The Stabcast entering into the Contract and You and The Stabcast entering into this Agreement and other valuable consideration, the receipt and sufficiency of which consideration is acknowledged, You and The Stabcast agree as follows: Definitions The following definitions apply in the Agreement: “Contract” means the following: The Stabcast is a production company that broadcasts audio, video and still images by way of several different methods. The Indemnifer is a person that will be appearing on The Stabcast, an internet radio show owned and operated by The Stabcast. The Stabcast wishes to be indemnified and held harmless against any liability claims made by You. “Expenses” means all costs incurred in the defense of any claim or action brought against The Stabcast including attorneys’ fees. “Notice of Claim” means a notice that has been provided by The Stabcast to You describing a claim or action that has or is being brought against The Stabcast by a Third Party. “Notice of Indemnity” means a notice that has been provided by The Stabcast to You describing an amount owing under this Agreement by You to The Stabcast. “Parties” means both The Stabcast and You. “Party” means either The Stabcast or You. “Third Party” means any person other than You and The Stabcast. Indemnification You will hold harmless and indemnify The Stabcast against any and all claims and actions arising out of the participation of The Stabcast in the Contract, including, without limitation, Expenses, judgments, fines, settlements and other amounts actually and reasonably incurred in connection with any liability, suit, action, loss, or damage arising or resulting from The Stabcast’s participation in the Contract, subject to the limits on indemnification described in the section titled Exceptions to Indemnification. In the case of a criminal proceeding, The Stabcast will not be indemnified by You. Exceptions to Indemnification The Stabcast will not be entitled to indemnification from You for any Expenses, judgments, fines, settlements and other amounts incurred as the result of The Stabcast’s participation in the Contract where: in the case of a civil claim, The Stabcast did not act in good faith and in a reasonable manner; the claim or action is of a criminal nature; the actions or conduct of The Stabcast constituted willful misconduct or was knowingly fraudulent or deliberately dishonest; The Stabcast will or has received payment under a valid and collectible insurance policy or under a valid and enforceable indemnity clause, bylaw or agreement, except where payment under this insurance policy, clause, bylaw or agreement is not sufficient to fully indemnify The Stabcast in which case You will be responsible for any shortfall in payment received; or an action or proceeding was initiated in whole or in part by The Stabcast whether alone or along with one or more other claimants unless the action or proceeding has the written consent of You. Notice of Claim In the event of any claim or action, The Stabcast will promptly provide You with written notice of the claim or action and will notify You within five (5) business days of the commencement of any legal proceedings relating to the claim or action. The Stabcast will provide You with all available information known to The Stabcast relating to the claim or action. Authorization of Indemnification In any case where The Stabcast requires indemnification, You will make the determination of whether indemnification is appropriate having given consideration to the terms described in the Exceptions to Indemnification section. If The Stabcast disagrees with the determination of You then the matter must be referred for review and determination to independent legal counsel reasonably satisfactory to The Stabcast. In all cases You will bear all costs of any independent determination. You will bear the burden of proving that indemnification is not appropriate. The termination of any claim or action by judgment, order, settlement, conviction or upon a plea of nolo contendere or its equivalent will not, of itself, create a presumption that the person did not act in good faith and in a reasonable manner. Assumption of Defense On being notified of any impending action or claim, You may, at its own Expense, participate in the defense of any action or claim and may, alone or with any other indemnifying party, assume the defense against the action or claim using counsel that are reasonably satisfactory to The Stabcast. Once You has notified The Stabcast of the intention to assume the defense, You will no longer be liable to The Stabcast for any further legal or other Expenses subsequently incurred by The Stabcast in relation to the defense of the claim. Once You provides notice to The Stabcast that the defense of claim has been assumed by You, The Stabcast may employ or continue to employ its own legal counsel however any fees or Expenses incurred by The Stabcast subsequent to the notice of assumption of defense by You will be the sole responsibility of The Stabcast. Failure to Defend If You elects not to assume the defense against the claim or action then The Stabcast may defend against the claim or action in any manner The Stabcast deems appropriate. You will promptly reimburse The Stabcast for Expenses, judgments, fines, settlements and any other amounts actually and reasonably incurred in connection with the defense of the claim or action subject to the limits on indemnification described in the section titled Exceptions to Indemnification. Settlement and Consent of Indemnifier You will not be liable for any amounts paid in settlement of any claim or action where written consent of You was not first obtained. You will not unreasonably withhold consent to any settlement. Settlement and Consent of Indemnitee You will not settle any claim or action without first obtaining the written consent of The Stabcast. The Stabcast will not unreasonably withhold consent to any settlement. Cooperation You agrees to cooperate in good faith and use best efforts to ensure that The Stabcast is indemnified and reimbursed for any and all Expenses, judgments, fines, settlements and other amounts actually and reasonably incurred in connection with the defense of any claim or action resulting from the participation of The Stabcast in the Contract. The Stabcast agrees to cooperate in good faith and provide any and all information within The Stabcast’s power as required for the defense of any claim or action and also to provide any and all information within The Stabcast’s power as required to help in a determination of indemnification as described under the Authorization of Indemnification section. Expenses No costs, charges or Expenses for which indemnity will be sought under this Agreement may be incurred without You’s written consent. Any required consent must not be unreasonably withheld. All reasonable Expenses incurred by The Stabcast to enforce this Agreement, and all costs of defending any Third Party claims or actions brought against The Stabcast under this Agreement will be the sole responsibility of You subject to the limits on indemnification described in the section titled Exceptions to Indemnification. Advances of Expenses At the written request of The Stabcast, You will advance to The Stabcast any Expenses, including attorneys’ fees, incurred by The Stabcast in defending any action brought against The Stabcast. Where reasonable, and to minimize hardship to The Stabcast, advance payments may be made prior to the disposition of any claim. The Stabcast agrees to repay to You any advance payments on Expenses where a determination is ultimately made that The Stabcast’s behavior is not entitled to indemnification for reasons described under the Exceptions to Indemnification section. Payment All payments made by You to The Stabcast will be made in full in immediately available funds within sixty (60) days of receipt of Notice of Indemnity from The Stabcast and without deduction for any counterclaim, defense, recoupment, or set-off. Any Notice of Indemnity sent by The Stabcast to You must be made in writing and contain a full listing of the items to be covered in the payment. Any payment made by You to The Stabcast will contain a listing of items covered under the payment. Enforcement If any right or remedy claimed by The Stabcast under this Agreement is denied or is not paid by You, or on its behalf, within sixty (60) days after a written Notice of Indemnity has been submitted by The Stabcast to You, The Stabcast may then bring suit against You to recover any unpaid amounts and if successful in whole or in part, The Stabcast will be entitled to be paid any and all costs related to resolving the claim. Where a determination as described under Authorization of Indemnification concludes that The Stabcast’s behavior is not entitled to indemnification, this will not create a presumption that The Stabcast is not entitled to indemnification under this Agreement. Insurance You, at its sole discretion, will make the good faith determination whether or not it is reasonable for You to obtain liability insurance against its potential liability in protecting The Stabcast under this Agreement. You will select an insurer with a reliable reputation and, among other considerations, will weigh the costs of obtaining this insurance coverage against the protection afforded by this coverage. Duration The rights and obligations of The Stabcast and You under this Agreement will continue: so long as The Stabcast is or will be subject to any possible claim or threatened, pending or completed action, suit or proceeding, whether civil, arbitrational, administrative or investigative that results from the participation of The Stabcast in the Contract; or until terminated by an agreement in writing signed by both You and The Stabcast. Unlimited Indemnification Under this Agreement, indemnification will be unlimited as to amount. Full Release Only payment and satisfaction in full of all amounts and charges payable under this Agreement and the due performance and observance of all terms, covenants and conditions of this Agreement will release You and The Stabcast of their obligations under this Agreement. Further Action No action or proceeding brought or instituted under this Agreement and no recovery from that action or proceeding will be a bar or defense to any further action or proceeding which may be brought under this Agreement by reason of any further failure in the performance and observance of the terms, covenants and conditions of this Agreement. Subrogation In the event that any indemnity payment is made under this Agreement, You will be subrogated to the extent of this payment to all of the rights of recovery of The Stabcast. The Stabcast will take all action required and provide all information necessary to secure these rights and to fully enable You to take any action to enforce these rights in the recovery of the indemnity payment. Amendments This Agreement may only be amended, terminated or cancelled by an instrument in writing, signed by both You and The Stabcast. Assignment of Indemnifier Rights and Obligations The rights and obligations of You as existing under this Agreement may not be assigned, in whole or in part, without the prior written consent of The Stabcast. Assignment of Indemnitee Rights and Obligations The rights and obligations of The Stabcast as existing under this Agreement may not be assigned, either in whole or in part, without the prior written consent of You. Joint and Several Liability If two or more persons act as Indemnifier in this Agreement or if You is a partnership consisting of two or more partners, then the liability under this Agreement will be joint and several for each co-Indemnifier. Confidentiality Both You and The Stabcast and their respective employees and agents will at all times maintain confidential all information pertaining to this Agreement except where required to disclose under any regulatory or other competent authority or as otherwise required by law. Notices Any notices or deliveries required in the performance of this Agreement will be deemed completed when hand-delivered, delivered by agent, or seven (7) days after being placed in the post, postage prepaid, to the Parties to this Agreement at the addresses contained in this Agreement or as the Parties may later designate in writing. Governing Law This Agreement will be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania. Jurisdiction The courts of the Commonwealth of Pennsylvania are to have jurisdiction to decide and settle any dispute or claim arising out of or in connection with this Agreement. General Provisions This Agreement contains all terms and conditions agreed to by You and The Stabcast. Statements or representations which may have been made by either Party in the negotiation stages of this Agreement may in some way be inconsistent with this final written Agreement. All such statements are declared to be of no value to either Party. Only the written terms of this Agreement will bind the Parties. Any failure of either Party to enforce any of the terms, covenants and conditions in this Agreement does not infer or permit a further waiver of that or any other right or benefit under this Agreement. A waiver by one Party of any right or benefit provided in this Agreement does not infer or permit a further waiver of that right or benefit, nor does it infer or permit a waiver of any other right or benefit provided in this Agreement. This Agreement will pass to the benefit of and be binding upon the Parties’ respective heirs, executors, administrators, successors, and permitted assigns. The clauses, paragraphs, and subparagraphs contained in this Agreement are intended to be read and construed independently of each other. If any part of this Agreement is held to be invalid, this invalidity will not affect the operation of any other part of this Agreement. All of the rights, remedies and benefits provided in this Agreement will be cumulative and will not be exclusive of any other such rights, remedies and benefits allowed by law or equity that the Parties may have now or may acquire in the future. Time is of the essence in this Agreement. This Agreement may be executed in any number of counterparts, each of which will be deemed to be an original and all of which together will be deemed to be one and the same instrument. Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Agreement. Words in the singular mean and include the plural and vice versa. Words in the masculine gender include the feminine gender and vice versa. Words in the neuter gender include the masculine gender and the feminine gender and vice versa.