You confirm that you are at least eighteen (18) years of age and are otherwise capable of entering into and performing the requirements of these Terms.
If CastAMP reasonably believes that you are not at least eighteen (18) years of age, it may suspend your use of the Service until acceptable proof of age has been provided.
CastAMP reserves the right, at CastAMP’s discretion, to change, modify, add, or remove portions of these Terms at any time. The latest Terms will appear on the Service with the date that the Terms were updated. Please check these Terms and any Policies periodically for changes. Your continued use of the Service after the posting of changes constitutes your binding acceptance of such changes. If you do not agree to the updated Terms you must stop using the Service.
The data and materials on the Service, except the Produced Content (as defined below), including, without limitation, the text, graphics, interactive features, logos, photos, music, videos, software, and all other audible, visual or downloadable materials, as well as the selection, organisation, coordination, compilation and overall look and feel of the Service (collectively, the “Materials”) are the intellectual property of CastAMP, its licensors and its suppliers. The Materials are protected by copyright, trade dress, patent, trade mark and other laws, international conventions and proprietary rights and all ownership rights to the Materials remain with CastAMP, its licensors or its suppliers, as the case may be. All trade marks, service marks, and trade names are proprietary to CastAMP or its affiliates and/or third party licensors. Except as expressly authorised by CastAMP, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make use of the Materials. If, with authorisation, you download or print a copy of the Materials for personal use, you must retain all copyright, trade mark, or other proprietary notices. CastAMP reserves all rights not expressly granted in and to the Service and the Materials.
Subject to your compliance with the terms and conditions set out in these Terms, CastAMP hereby grants you a personal, limited, non-exclusive, non-transferable, freely revocable licence to: (a) use the Service for the non-commercial viewing of authorised Produced Content (as defined below) made available on the Service; and (b) if you are a registered User, stream, broadcast and upload Produced Content on to the Service.
The Service is a hosting platform which provides a system and method for Users to produce, upload and publicly exhibit authorised live and pre-recorded audiovisual content (the “Audiovisual Content”) by means of live broadcast and on-demand streaming. The Service permits its Users to create, upload, display, share and publicly exhibit content of their own creations, including Audiovisual Content, written works posted on message boards, chat and blogs, and any other content, including without limitation, videos, music, images, and text (collectively, “Produced Content”).
You understand that when using the Service, you will be exposed to Produced Content from a variety of sources, and that CastAMP is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Produced Content or other content. You further understand and acknowledge that you may be exposed to Produced Content that is inaccurate, offensive, indecent, or objectionable, and, to the fullest extent permitted by applicable law, you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against CastAMP with respect to such content. CastAMP does not endorse any Produced Content or any opinion, recommendation, or advice expressed in them, and , to the fullest extent permitted by applicable law, CastAMP expressly disclaims any and all liability in connection with the Produced Content.
You retain all of your ownership rights in your Produced Content. However, by submitting Produced Content to CastAMP, you hereby:
You understand and affirm that the Service is merely providing you the means to produce, display and share your Produced Content. Accordingly, you shall be solely responsible for your own Produced Content and the consequences of posting or publishing it. You hereby represent and warrant that:
CastAMP reserves the right to limit the transcoding services necessary to compress and author your Audiovisual Content in connection with the use of the Service and any embeddable player provided by CastAMP for amounts of Produced Content above a specified free size/quantity limit. The related terms and conditions for any such transcoding services will be set forth in your account information or in related Policies regarding your use of the Service.
CastAMP does not control the content posted by you or other Users (including all Produced Content). CastAMP may, but shall not be obliged to, moderate and review Produced Content to ensure it complies with these Terms and our Policies. We may also at any time and without notice, remove your Produced Content from the Service.
You represent and warrant that you will not:
Termination by CastAMP
If CastAMP, in its sole discretion, believes that you have breached these Terms, or has reasonable grounds to believe that you are likely to breach these Terms, it may take any action it thinks is necessary to protect CastAMP, the Service and its Users. CastAMP may suspend or terminate any account (or any part of it) you may have with CastAMP or your use of the Service and remove and discard all or any part of your account, user profile, and any Produced Content, at any time. CastAMP may also in its sole discretion and at any time discontinue providing access to the Service, or any part of it (including without limitation all Materials), with or without notice. You agree that any termination or suspension of your access to the Service or any account you may have or portion of it may be effected without prior notice, and you agree that CastAMP will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred by CastAMP to the appropriate law enforcement authorities. These remedies are in addition to any other remedies CastAMP may have at law or in equity.
CastAMP does not permit copyright infringing activities on the Service, and shall be permitted to terminate access to the Service, and remove any Produced Content or other content submitted by any Users who are found to be repeat infringers. These actions are not limited and CastAMP may take any other action it reasonably deems appropriate. CastAMP may, although is under no obligation to, moderate and review Produced Content to ensure it complies with these Terms. Where applicable, should CastAMP terminate access to the Service for convenience prior to the completion of any particular subscription period, your sole remedy is a pro-rata refund of the purchase price paid for the unavailable service (if any).
CastAMP may terminate these Terms and close your account at any time on giving you reasonable notice and without responsibility or liability to you if it ceases to provide the Service.
Termination by You
To the fullest extent permitted by applicable law, your only remedy with respect to any dissatisfaction with: (i) the Service; (ii) any provision of these Terms; (iii) any policy or practice of CastAMP in operating the Service; or (iv) any content or information transmitted through the Service, is to cancel your account and cease use of the Service. You may cancel your account at any time by discontinuing use of any and all parts of the Service and providing CastAMP written notice by sending an email to [email protected] CastAMP may also retain information from accounts disabled for breach of these Terms for up to one year to prevent repeat abuse or other breach of these Terms. No fees payable (if any) by you in connection with the Service are refundable upon cancellation of your account by you.
If you are a copyright owner or an agent of a copyright owner (the “Copyright Owner”) and believe that any content on the Service infringes your copyrights, you may submit a ‘takedown’ request. This notification of claimed infringement must be a written communication provided to the designated agent of CastAMP that includes the following information:
Email address: [email protected]
Only takedown requests should go to the designated copyright agent; any other comments, requests, or other communications should be directed to CastAMP customer services at [email protected] Any notification of claimed infringement that does not comply with the takedown request’s requirements may be invalid.
If you receive notice from CastAMP that your content has been taken down pursuant to a notification of alleged infringement and believe that this takedown is improper or incorrect, you may provide CastAMP with a counter notification. To be valid, a counter notification must be a written communication provided to CastAMP’s designated agent as mentioned above that includes substantially the following:
If you become a registered member and create an account on the Service, you agree to be responsible and liable for maintaining the confidentiality of passwords or other account identifiers which you choose, and all activities that occur under such password or account identifiers.
You agree to notify CastAMP of any loss of your password or account identifiers and any unauthorised or suspected unauthorised use of your password or account identifiers by emailing [email protected]
You agree to ensure that the details with which you provide us upon registration are correct and kept up-to-date and you will inform us of any changes to these details.
You are responsible for any activity which occurs on your CastAMP account, including any content uploaded to the Service through your account.
From time to time, we may restrict access to certain parts of the Service to Users who have registered with us. The features which are reserved for registered Users may change from time to time, but currently include the ability to upload Produced Content via the Service.
To certain registered Users, CastAMP may provide an embeddable player feature on the Service. Subject to the terms and conditions of these Terms (and your compliance with them) , CastAMP hereby grants to you a limited, non-exclusive, freely revocable licence to incorporate such embeddable player into your own personal, non-commercial websites, provided that you include a prominent link back to the Service on the pages containing the embeddable player. You hereby represent and warrant that you shall not circumvent, disable or otherwise interfere with security related features of the embeddable player or features that prevent or restrict use or copying of any Material and third party Produced Content or enforce limitations on use of the embeddable player or the Material and third party Produced Content contained in it.
The Service has certain functionality to search for and incorporate video and other content that is available on third party websites unrelated to CastAMP (the “Search Function”). For clarity, the disclaimers and limitations set out in these Terms apply to the Search Function. CastAMP has no responsibility for any content found on such third party sites, and CastAMP does not review, clear, or approve any such content. It is your sole responsibility to comply with any applicable terms and conditions and policies of the third party website operators when using such content. Additionally, as with any content uploaded by you to the Service, with respect to any content that you find on third party websites through the Search Function, it is your sole responsibility to comply with applicable laws and to respect the rights of the owners and licensors of such content. Finding third party content using the Search Functionality does not, in and of itself, give you any rights whatsoever to use such third party content in any way, and, without limiting the provisions in Section 12 below, you hereby indemnify and hold harmless CastAMP for any losses or liabilities arising out of your use of the Search Function or third party content.
You must respect other people’s privacy. You must not upload any content to the Service that identifies any person without their permission.
Content on the Service including, without limitation, Materials and Produced Content are provided on an “as is” basis with no warranty.
CastAMP, its officers, directors, employees, affiliates, agents, licensors, and suppliers (together, the “CastAMP Entities”) make no representation or warranty of any kind whatsoever to you or any other person relating in any way to the Service and disclaim to the maximum extent permitted by law, any and all such representations and warranties. Without limiting the generality of the foregoing, the CastAMP Entities disclaim to the maximum extent permitted by law any and all warranties, express or implied, including, without limitation, any (i) warranties of merchantability or fitness for a particular purpose; (ii) warranties against infringement of any third party intellectual property or proprietary rights; (iii) warranties relating to delays, interruptions, errors, or omissions in the Service, or any part thereof; (iv) warranties relating to the transmission or delivery of the Service; (v) warranties relating to the accuracy or correctness of data on the Service; and (vi) other warranties relating to performance, non-performance, or other acts or omissions of the CastAMP Entities.
Further, and without limiting the generality of any of the foregoing, CastAMP makes no warranty that the Service will meet your needs or requirements or the needs or requirements of any other person. Access to the Service may be restricted from time to time to allow for repairs, maintenance or updating. The Service may be limited by many factors, including inherent risks of the internet. CastAMP accepts no responsibility for any lack of functionality that is due to your equipment (including your device, internet connection, operating system or settings and software).
No advice or information, whether oral or written, obtained by you from CastAMP or through the Service will create any warranty. You understand and agree that you use, access, download, or otherwise obtain information, materials, or data through the Service (including RSS feeds) or any Third Party Services at your own discretion and risk and that you will be solely responsible for any damage to your property (including your computer system) or loss of data that results from the download or use of such material or data.
Because some jurisdictions do not allow the exclusion or limitation of certain categories of damages or implied warranties, the above limitations may not apply to you. In such jurisdictions, the CastAMP Entities’ liability is limited to the greatest extent permitted by law.
We are working to ensure that the Service is compatible across various devices, but we cannot guarantee that the Service will work with all devices.
It is your responsibility to ensure you are able to comply with the relevant system requirements of the Service as may be set out at the Service from time to time.
In no event will the CastAMP Entities or any party involved in creating, producing or delivering the Service be liable in any manner whatsoever for any damages of any kind, including but not limited to indirect, incidental, consequential, special or punitive damages arising out of: (i) the Service, your access, use or inability to use the Service; (ii) any failure or performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure (including loss profits, loss of business or data, business interruption, and damages that result from inaccuracy of the information or inconvenience, delay, or loss of the use of the Service); (iii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Service; (iv) any unauthorised access to or use of our secure servers and/or any and all personal identifiable information stored on them; and (v) any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through the Service by any third party.
CastAMP reserves the right to alter, remove or discontinue any portion of the Service or the content on the Service or to suspend or terminate your use in any way, at any time, for any reason, without prior notification, and will not be liable in any way for possible consequences of such changes.
The foregoing limitations apply whether the alleged liability is based on contract, tort, negligence, strict liability or any other basis, even if the CastAMP Entities or any other party has been advised of the possibility of such damages. These limitations of liability also apply with respect to damages incurred by you by reason of any products or services sold on or provided by any third party services or otherwise by third parties other than CastAMP and received through or advertised on the Service or received through any reference sites.
You specifically acknowledge that CastAMP shall not be liable for Produced 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.
Because some jurisdictions do not allow the exclusion or limitation of certain types of damages, the CastAMP Entities’ liability in such jurisdictions shall be limited to the fullest extent permitted by law.
Nothing in these Terms excludes or limits CastAMP’s liability for: (i) death or personal injury arising from CastAMP’s negligence; (ii) fraudulent misrepresentation or misrepresentation as to a fundamental matter; or (iii) any other liability which may not be lawfully excluded or limited.
You agree to indemnify, defend and hold harmless the CastAMP Entities from and against any losses, claims, damages, liabilities, including legal fees and expenses, arising out of:
CastAMP reserves the right to assume the exclusive defence and control of any matter for which you are required to indemnify CastAMP, and you agree to cooperate with CastAMP’s defence of these claims.
CastAMP does not control the actions of its Users. If you have a dispute with one or more Users, you release the CastAMP Entities from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
These Terms, and any rights and licences granted under these Terms, may not be transferred or assigned by you, but may be assigned by CastAMP to a group company, or to another legal entity provided your legal and consumer rights are not prejudiced.
The failure to require performance of any provision shall not affect CastAMP’s right to require performance at any other time, nor shall a waiver of any breach or default of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself. If any portion of these Terms is found to be unenforceable, such portion will be modified to reflect the parties’ intention and only to the extent necessary to make it enforceable, and the remaining provisions of these Terms will remain in full force and effect.
CastAMP may provide you with notices, including those regarding changes to CastAMP’s Terms, by email, regular mail or postings on the Service. Notice will be deemed given twenty four (24) hours after email is sent, unless CastAMP is notified that the email address is invalid. Alternatively, CastAMP may give you legal notice by mail to a postal address, if provided by you through the Service. In such case, notice will be deemed given three (3) days after the date of mailing.
These Terms shall be governed and construed in accordance with the laws of the England, excluding its conflicts of law rules. Any dispute arising out of or relating to these Terms or your access or use of the Service will be subject to the non-exclusive jurisdiction of the courts of England and Wales.
The heading references in these Terms are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions of these Terms.
These Terms represent the entire agreement between you and CastAMP relating to the Service and will not be modified except by a change to these Terms or the Policies made by CastAMP as set forth above.
Upon termination of these Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration.
The parties specifically disavow any desire or intention to created a "third party" beneficiary contract, and specifically declare that no person, except for the parties and their permitted assigns, shall have any rights hereunder nor any right of enforcement hereof.
No person, except for the parties and their permitted assigns, shall have any rights under these Terms nor any right of enforcement of these Terms.