Terms
1. Acceptance of Terms
By using and/or visiting Webcastr.com, (referred to herein as the “Website,” the
“Webscastr Website,” and “Webcastr”) you hereby agree to the following terms and
conditions (the "Terms and Conditions") as well as the terms and conditions of Webcastr’s
privacy notice, published at
http://www.webcastr.com/privacy-policy.html.
These Terms and Conditions apply to all users of the Webcastr Website, including
users who are also contributors of video content, information, and other materials
or services on the Website. If you do not agree with them, you should leave this
Website immediately.
2. Permissions
A. Webcastr hereby grants you permission to use the Website as set forth in these
Terms and Conditions, provided that: (i) your use of Webcastr is solely for your
own, noncommercial use; (ii) you will not copy or distribute any part of Webcastr
in any medium without Webcastr's prior written authorization; and (iii) you will
otherwise comply with these Terms and Conditions.
B. In order to access some features of the Website, you will have to create an account.
You are solely responsible for the activity that occurs on your account, and you
must keep your account password secure. When creating your account, you must provide
accurate and complete information. You may never use another's account without permission.
You must notify Webcastr immediately of any breach of security or unauthorized use
of your account. Although Webcastr will not be liable for your losses caused by
any unauthorized use of your account, you may be liable for the losses of Webcastr
or others due to such unauthorized use.
3. Third Party Websites and Content
The Webcastr Website may contain content from third party websites that are not
owned or controlled by Webcastr or links to third party websites that are not owned
or controlled by Webcastr. Webcastr has no control over, and assumes no responsibility
for, the content, privacy policies, or practices of any third party websites. In
addition, Webcastr cannot and will not edit or censor the content of any third-party
site. By using the Website, you expressly relieve Webcastr from any and all liability
arising from your use of any third-party website. Accordingly, we encourage you
to be aware when you leave the Webcastr Website and to read the terms and conditions
and privacy policy of each other website that you visit.
4. Intellectual Property
The content on the Webcastr Website, except all User Submitted Content (defined
below), including without limitation, the text, software, scripts, graphics, photos,
sounds, music, videos, interactive features and the like ("Webcastr Content") and
the trademarks, service marks and logos contained therein ("Webcastr Marks"), are
owned by or licensed to Webcastr, subject to copyright and other intellectual property
rights under United States and foreign laws and international conventions. Webcastr
Content on the Website is provided to you AS IS for your information and personal
use only and may not be used, copied, reproduced, distributed, transmitted, broadcast,
displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever
without the prior written consent of the respective owners. Webcastr reserves all
rights not expressly granted in and to the Website and the Webcastr Content. You
agree to not engage in the use, copying, or distribution of any of the Webcastr
Content other than expressly permitted herein, including any use, copying, or distribution
of User Submitted Content obtained through the Website for any commercial purposes.
If you download or print a copy of the Webcastr Content or User Submitted Content
for personal use, you must retain all copyright and other proprietary notices contained
therein. You agree not to disable, circumvent, or otherwise interfere with security
related features of the Website or features that prevent or restrict use or copying
of any Webcastr Content or User Submitted Content or enforce limitations on use
of the Webcastr Website or the Webcastr Content or User Submitted Content therein.
The "look and feel" of Webcastr, meaning, the structure, sequence and layout of
the audiovisual components of the Website as perceived by you, including, but not
limited to, the color combinations, button shapes, logos, and all other graphical
and navigational elements, are also proprietary to Webcastr and its licensors and
fully protected under U.S. and international intellectual property laws.
5. User Submitted Content
A. Webcastr may now or in the future permit the submission of videos or other content
submitted by you and other users ("User Submitted Content") and the hosting, sharing,
and/or publishing of such User Submitted Content. You understand that whether or
not such User Submitted Content is published, Webcastr does not guarantee any confidentiality
with respect to any submissions.
B. You represent and warrant that: (i) you own the User Submitted Content posted
by you on the Website or otherwise own or have the necessary licenses, rights, consents,
and permissions to post your User Submitted Content on the Website, and (ii) the
posting of your User Submitted Content on the Website does not violate the privacy
rights, publicity rights, copyrights, contract rights or any other rights of any
person. You agree to pay for all royalties, fees, and any other monies owing any
person by reason of any User Submitted Content posted by you on the Website. You
shall be solely responsible for your own User Submitted Content and the consequences
of posting or publishing them. Furthermore, by submitting your User Submitted Content
to Webcastr, you hereby grant Webcastr a worldwide, non-exclusive, royalty-free,
sublicenseable and transferable license to use, reproduce, and distribute such User
Submitted Content in connection with the Website. The foregoing license granted
by you terminates once you remove or delete a User Submission from the Webcastr
Website.
6. Copyright
If you are a copyright owner or an agent thereof and believe that any User Submitted
Content or Webcastr Content on the Website infringes upon your copyrights, you may
submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA")
(published at http://www.copyright.gov/legislation/dmca.pdf) by contacting Webcastr’s
designated copyright agent. You must include with your notification the following
information in writing (see 17 U.S.C 512(c)(3) for further detail):
(i) A physical or electronic signature of a person authorized to act on behalf of
the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or,
if multiple copyrighted works at a single online site are covered by a single notification,
a representative list of such works at that site;
(iii) Identification of the material that is claimed to be infringing or to be the
subject of infringing activity and that is to be removed or access to which is to
be disabled and information reasonably sufficient to permit the service provider
to locate the material;
(iv) Information reasonably sufficient to permit the service provider to contact
you, such as an address, telephone number, and, if available, an electronic mail;
(v) A statement that you have a good faith belief that use of the material in the
manner complained of is not authorized by the copyright owner, its agent, or the
law; and
(vi) A statement that the information in the notification is accurate, and under
penalty of perjury, that you are authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed.
Webcastr’s Designated Copyright Agent to receive notification of alleged infringement
under the DMCA is:
Attn: Copyright Agent
8981 Sunset Blvd. Suite 305
Los Angeles, CA 90069
Email:
violations@webcastr.com
Upon receipt of proper notification of claimed infringement, Webcastr will respond
expeditiously by removing, or disabling access to, the material that is claimed
to be infringing or to be the subject of infringing activity provided all such claims
have been investigated and determined to be valid by Webcastr in Webcastr’s sole
and absolute discretion. Webcastr will comply with the appropriate provisions of
the DMCA in the event a counter notification is received.
7. Limitation of Liability
IN NO EVENT SHALL WEBCASTR, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE
TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL
DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,
(II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM
YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF
OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION
STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR
WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED
TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS
IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR
USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA
THE WEBCASTR WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL
THEORY, AND WHETHER ORNOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED
BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT WEBCASTR SHALL NOT BE LIABLE FOR USER SUBMITTED
CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND
THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
8. Indemnity
You agree to defend, indemnify and hold harmless Webcastr, its parent corporation,
officers, directors, employees and agents, from and against any and all claims,
damages, obligations, losses, liabilities, costs or debt, and expenses (including
but not limited to attorney's fees) arising from: (i) your use of and access to
the Webcastr Website; (ii) your violation of any term of these Terms and Conditions;
(iii) your violation of any third party right, including without limitation any
copyright, property, or privacy right; or (iv) any claim that one of your User Submissions
caused damage to a third party. This defense and indemnification obligation will
survive these Terms and Conditions and your use of the Webcastr Website.
You agree to indemnify, defend, and hold harmless Webcastr, its parent company,
successors, affiliates, agents, vendors, distributors, licensors, end users and
suppliers and their officers, directors, and employees from and against all losses,
expenses, obligations, claims, damages and costs, including reasonable attorneys'
fees, arising from (i) your use of and access to the Webcastr Website; (ii) your
violation of any term of these Terms and Conditions; (iii) your violation of any
third party right, including without limitation any copyright, property, or privacy
right; or (iv) any claim that your User Submitted Content caused damage to a third
party. This defense and indemnification obligation will survive these Terms and
Conditions and your use of the Webcastr Website.
8. Ability to Accept Terms and Conditions
You affirm that you are either more than 18 years of age, or an emancipated minor,
or possess legal parental or guardian consent, and are fully able and competent
to enter into the terms, conditions, obligations, affirmations, representations,
and warranties set forth in these Terms and Conditions, and to abide by and comply
with these Terms and Conditions. In any case, you affirm that you are over the age
of 13, as the Webcastr Website is not intended for children under 13.
If you are
younger than 13 years of age, we ask that you please do not use Webcastr—there are
many other great websites for you to enjoy. Always speak with your parents to find
out what sites are appropriate for you.
9. General
You agree that: (i) the Webcastr Website shall be deemed solely based in California;
and (ii) the Webcastr Website shall be deemed a passive website that does not give
rise to personal jurisdiction over Webcastr, either specific or general, in jurisdictions
other than California. These Terms and Conditions shall be governed by the internal
substantive laws of the State of California, without respect to its conflict of
laws principles. Any claim or dispute between you and Webcastr that arises in whole
or in part from the Webcastr Website shall be decided exclusively by a court of
competent jurisdiction located in Los Angeles County, California. These Terms and
Conditions, together with the Privacy Notice at http://www.Webcastr.com/privacy
and any other legal notices published by Webcastr on the Website, shall constitute
the entire agreement between you and Webcastr concerning the Webcastr Website. If
any provision of these Terms and Conditions is deemed invalid by a court of competent
jurisdiction, the invalidity of such provision shall not affect the validity of
the remaining provisions of these Terms and Conditions, which shall remain in full
force and effect. No waiver of any term of this these Terms and Conditions shall
be deemed a further or continuing waiver of such term or any other term, and Webcastr's
failure to assert any right or provision under these Terms and Conditions shall
not constitute a waiver of such right or provision. Webcastr reserves the right
to amend these Terms and Conditions at any time and without notice, and it is your
responsibility to review these Terms and Conditions for any changes. Your use of
the Webcastr Website following any amendment of these Terms and Conditions will
signify your assent to and acceptance of its revised terms. YOU AND WEBCASTR AGREE
THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBCASTR WEBSITE MUST
COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH
CAUSE OF ACTION IS PERMANENTLY BARRED.