Caster Terms Of Use
Please read these Caster Terms of Use with care before using the Service (as defined below). These Terms of Use, as they may be subsequently amended (" Terms of Use" or " Terms") set forth the terms and conditions governing your use of the Caster website located at www.Caster.com (the "Site"), our mobile application (the "App") and any related services, aspects, functions, software platforms and derivatives of the Caster service (collectively, the " Service"). We'll refer to you here as "You" and "Your." We will refer to Caster Media LLC. as "Caster," "we," the "Company," "us" or "our". This is a legally binding agreement between Caster and You.
By accepting these terms, you are agreeing all disputes related to the service will be resolved by binding arbitration and you hereby waive all rights to pursue in a court of law any action or proceeding instituted in connection with the service or these terms of use. This provision shall not apply to claims arising under the U.S. federal securities laws.
Use of the Service or Props (as defined below) for any purpose that is unlawful or prohibited by the Terms of Use is prohibited.
By accepting these Terms, You also confirm that You are (A) 18 years of age or older, (B) not a convicted sex offender, (C) fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in the Terms of Use, and (D) fully able and competent to abide by and comply with the Terms of Use. Caster is not intended for anyone under the age of 18.
By using the Service, You acknowledge and agree that You are subject to the Terms of Use, including our Privacy Policy, which is incorporated by and made a part of the Terms of Use. If You do not accept the Terms of Use, You may not use the Service.
1. WELCOME
1.1. Welcome to the Service. It was created by Caster as a platform for personal communication and entertainment.
1.2. As You probably know by now, the Service is a live-video social entertainment platform. Subject to the Terms of Use (as they might be amended) and any other applicable agreements between You and Caster, the Service allows You to broadcast Your video (via web or mobile device) for viewing - IN REAL TIME - by a public online audience including audiences and fans and to view the video broadcasts of other users of the Service. The Service offers other functions as well that are described in the Terms of Use and in notices and publications from Caster. Caster reserves the right in its sole discretion, to change, modify, add, or delete features and functions of the Service at any time.
1.3. We take responsibility for what we have created, and You agree to take responsibility for Your use of our Service whether as a creator of Content (defined below) or as a viewer. While You have fun using the Service, we require that You treat others with respect, do not use the Service for anything that would be deemed illegal or obscene and always observe our Code of Conduct by making sure to always *Cast Kindness*. See our Frequently Asked Questions page for further information about use of the Service.
1.4. Use of Caster by Minors: Caster is not intended for persons under the age of 18.
2. REGISTRATION
2.1. In order to access most features of the Service, and to be able to Submit (as that term is defined below) Content as a broadcaster, You will have to create a Caster account via Your Facebook®, Google+®, Apple®, Twitter®, or Instagram® account, using the same information provided to one of those networks (the "Caster Account"). You can alter such information by updating Your Facebook®, Google+®, Apple®, Twitter®, or Instagram® account (this will automatically update Your Caster Account the next time You log in). You also may alter Your Caster Account information by logging into the Service with your personal email address and accessing Your settings.
2.2. You agree not to share Your Caster Account password or let others have access to Your Caster Account and You will not attempt to transfer Your Caster Account to anyone else. You are responsible for the activity that happens on or through Your Caster Account, so we urge You to keep Your Caster Account password secure and to always log-off when leaving Your computer or mobile device unattended. Although Caster will not be liable for losses caused by any unauthorized use of Your Caster Account, You may be liable for the losses of Caster or others due to unauthorized use. You must notify us immediately of unauthorized use of Your Caster Account or of any related security breach by contacting us at support@Caster.com. If for any reason You want to limit Your children's access to the Service, there are a number of commercially available parental control protections.
3. OWNERSHIP OF THE SERVICE
3.1. All elements of the Service, including underlying platforms, software, look and feel, and other components ("Service Components"), to the full extent protectable by law, are either proprietary to Caster or proprietary to our licensors. "Caster®", trademarks, slogans, service marks, and trade names (collectively, " Trademarks"), which are used to identify the Service and/or the source of the Service, are proprietary to Caster. You shall not remove or alter any copyright notice, Trademark or other proprietary or restrictive notice or legend affixed to any material provided as part of the Service or otherwise provided by Caster. Except as expressly set forth in the Terms of Use, no license, assignment, or other grant of rights in any Service Components, Trademarks, copyrights, or any other intellectual property is granted to You and no such grant will result from Your accessing or using the Service. All rights in the Service not granted under the Terms of Use are reserved by Caster.
3.2. The Service may contain links to third party services that are not owned or controlled by Caster. Caster has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party services. In addition, Caster will not and cannot censor or edit the content of any third party service. You expressly release Caster from any and all liability both known and unknown arising from Your use of any third party service.
4. USER GENERATED CONTENT
4.1. The term " Content" refers to any information, data, communication, video, text, graphics, photos (including but not limited to "Archives" and "Moments"), sounds, music, audiovisual works, chat feed comments, gifting and/or other contributions appearing on the Service that users of the Service may broadcast, upload, or otherwise submit (collectively, " Submit") to the Service, or view or access on the Service.
4.2. All right, title and interest in Content Submitted by You to the Service, to the extent it does not belong to third parties or Guests (see Section 5), will remain with You, subject to the licenses You make hereunder. Caster does not and will not claim any ownership over such Content. Notwithstanding the foregoing, You hereby waive any moral rights that You may have in Your Content in favor of Caster and anyone acting with the authorization of Caster.
4.3. Caster assumes no responsibility for Content Submitted by You or any other users of the Service. You shall be solely liable for Content that You Submit to the Service, including without limitation for any consequences of publishing the Content through the Service. Your potential liability applies, for example, to any Content that You include in a broadcast initiated by You, even if you are not the creator of that Content.
4.4. You hereby affirm, represent and warrant that You will own or obtain all necessary licenses, rights, consents, and permissions to enable Caster to publish and otherwise utilize as authorized in the Terms of Use, the Content You Submit to the Service.
4.5. You understand that the Service is intended for public use and You confirm that You have a limited expectation of privacy with regard to any Content You may Submit to the Service, or any other communication by You made to or through the Service. Furthermore, You are aware that Caster does not guarantee the security of any information You disclose via the Service and any submission of Content by You to the Service is made at Your own risk.
4.6. All of the provisions in this Section 4 shall apply with equal force if You Submit Content that includes advertorials, native advertising, or sponsorship ("Sponsored Content"). Without limitation, all of Your representations, warranties, indemnification obligations, and other obligations under the Terms of Use will apply equally to Sponsored Content as they would to any other Content You Submit. You are solely responsible for ensuring that Your Sponsored Content complies with all applicable federal, state and local laws, rules and regulations, including without limitation the Federal Trade Commission's Guides Concerning Endorsements and Testimonials (" FTC Guidelines"), including all required disclosures and disclaimers.
4.7. As with other Content, Caster assumes no liability for Sponsored Content Submitted by You or any other users of the Service, or for any product or service offered by or through Sponsored Content ("Sponsored Products and Services"). You shall be solely liable for Sponsored Content that You Submit to the Service and all elements of it, including without limitation for Sponsored Products and Services and for any other consequences of transmission of Sponsored Content through the Service.
4.8. In addition to all other termination provisions set forth in the Terms of Use, Caster reserves the right to terminate immediately Your access to the Service if You fail to make disclosures in any Sponsored Content You Submit in accordance with the FTC Guidelines or as otherwise required by applicable law. Further, in the event that Sponsored Content Submitted by You includes material or promotes products or services which, in Caster's sole opinion, might insult or offend users of the Service or which might tend to injure the success of the Service or the good name of Caster, or if Your Sponsored Content does not comply with the Acceptable Use Policy set forth in Section 6 below, or, as determined in Caster's sole opinion, conflicts with or does not align with Caster's business, community, ethical or other goals, then Caster shall have the right (a) to require that You cease submission of the Sponsored Content and/or (b) immediately terminate Your access to the Service.
4.9. By Submitting Content to the Service, You are granting Caster and its agents and designees a perpetual worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform such Content in connection with the Service and with the businesses of Caster and those of its successors, licensees, and affiliates, including without limitation for the purpose of promoting and advertising the Service and redistributing part or all of the Service (and works derived therefrom) in any and all media formats and through any and all media channels now known or later developed.
4.10. Without limitation, the foregoing license includes the right of Caster to grant each user of the Service a non-exclusive license to access Your Content through the Service, and to use, reproduce, distribute, display, perform, edit, modify and comment upon such Content as permitted through the functionality of the Service, subject to the Terms of Use. Such functionality currently includes the ability of users to capture segments from broadcasts of Content and to make such segments available on users' own Caster Account at the Service, and to use, reproduce, distribute, display, perform, edit, modify and comment upon such segments via any and all channels of social media. (Caster shall have the right but not the obligation to remove such segments from users' account pages at the Service.)
4.11. Nothing herein, however, shall be construed to permit use of such Content by users of the Service for endorsements of any product or service (other than the Service), or for any other commercial purpose, not authorized by You.
4.12. In connection with the exercise of each of the foregoing rights licensed by You, You consent to use of Your name, image, likeness, photograph, performance, voice, biographical details, Facebook ID, Twitter handle, Google+ ID, Instagram ID, profile pictures, and any other attributes of Your persona in any and all media now known or hereafter developed, including but not limited to the Internet (such as on the Site and on third party social media websites) and mobile applications, worldwide, in perpetuity; all without payment, compensation or further notification to or permission from You, except where prohibited by law.
4.13. You hereby release and discharge all claims both known and unknown against, and covenant not to sue, Caster and Related Parties (defined below) with respect to the use of any Content Submitted by You as authorized by the Terms of Use (including without limitation any claims that such use violates any proprietary right such as copyrights or rights of publicity/privacy).
5. Boost Fans
5.1. While using the Service, You may either initiate (as a broadcaster) or participate (as a broadcaster) in a Boost Fans promotion. For purposes of the Terms of Use, the initiating broadcaster shall be deemed the "Sponsor" of the Boost promotion and the displaying broadcaster shall be deemed the "Host". For clarity, only users of the Service who have agreed to be bound by the Terms of Use shall be eligible to participate in a Boost Fans promotion.
6. ACCEPTABLE USE POLICY
6.1. You expressly agree that all Content, including without limitation Sponsored Content, that You Submit will not be: (1) defamatory, libelous, abusive, or obscene, and without limitation, shall not include material that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, federal, or international law; (2) infringe on the copyright or any other proprietary right of any person or entity; (3) invade the privacy of any person; (4) contain a virus, worm, Trojan horse, time bomb, or any other harmful program or component; or (5) be otherwise inappropriate or unlawful.
6.2. You also agree that You will not (i) use the Service to spam others or create mass-emails, (ii) continue harmful behavior if You have been warned of such; (iii) use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Service in a manner that sends more request messages to the Caster servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser, and/or (iv) create a false identity (except for a user name unique to you that does not violate the rights of a third party, such as a celebrity or owner of intellectual property); and/or (v) forge an email address or header; or in any other way attempt to mislead others as to the identity of the sender or the origin of the message. You agree not to copy, scrape, re-post, take screen shots of, save, share, distribute, modify or make derivative works of any Content provided through the Service, except as expressly provided through the Service's functionality and in the Terms of Use.
6.3. You agree not to collect or harvest any personally identifiable information, including account names, from the Service, nor to use the communication systems provided by the Service for any commercial solicitation purposes.
7. VIRTUAL CURRENCY/IN-SERVICE PURCHASES/PURCHASE TERMS
7.1. At times, the Service will permit You to "buy" or "purchase", or "earn" for use in the Service: (a) virtual currency, including but not limited to Rubies; or (b) virtual in-service items, including but not limited to fan mail, visual gifts, thumbs up, tipping (together with virtual currency, " Virtual Items"). These real world terms, however, are only being used as shorthand. You do not in fact "own" the Virtual Items, and the amounts of any Virtual Item do not refer to any credit balance of real currency or its equivalent. Rather, Caster grants You a limited license to use the Service, including software programs that include the use of these Virtual Items.
7.2. A purchase of Virtual Items is complete only when you receive confirmation through the Service that You have redeemed iTunes or Google Play Store Wallet credits, or other third party currency accepted by the Service. Any virtual currency balance shown in Your Caster Account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of Your license to use the Virtual Items within the Service. You will not be able to sell Virtual Items in exchange for virtual or real currency credited back to Your Caster Account, nor will You be able to receive a refund of virtual or real currency for Virtual Items (including any virtual currency), including if Your access to the Service has been suspended, limited or terminated.
7.3. Your gift of certain Virtual Items to a broadcaster on the Service may, but will not necessarily, appear on screen or in the chat feed of the Content You are viewing.
7.4. Rubies and other Virtual Items gifted to broadcasters may result in some revenue to them as determined in Caster's sole discretion; however, Caster makes no guarantee that the amount or value of the Rubies or Virtual Items You may give a broadcaster will correlate to the revenue such broadcaster may receive from Caster. Broadcasting partners get approximately 50% of the remaining revenue, and Caster takes approximately 50% of the remaining revenue. Moderators receiving tips from their Host receive 100% of the revenue that is sent by the Host. Caster receives 0% of Host to Moderator tips.
7.5. Only users of the Service who initiate a broadcast or a Guest session will be eligible for Rubies and other Virtual Items.
7.6 All purchases of Products you place through Caster or its vendors are non-refundable, except to the extent we decide otherwise, in our sole and absolute discretion. All prices we show on this Service are subject to change without notice.
7.7 If you dispute any of your charges at any time, Caster has the right to contest the dispute and you acknowledge that Caster may furnish all details of the transaction to the governing body. If you cancel your account at any time, you will not receive any refund.
7.8 You expressly agree that you will not reverse or attempt to reverse any transaction(s) to add funds to your account that you complete. You also agree that we may deduct any amounts associated with your account if a transaction is subsequently reversed via a chargeback, reversal, claim, or is otherwise deemed fraudulent or erroneous. We may also deduct any amounts held by you in your account to satisfy any outstanding amount owed by you to us under these Terms or otherwise. We reserve the right to report, suspend, and/or terminate accounts and these Terms for chargeback abuse.
7.9 When you purchase Caster products, your purchases are non-refundable and are made at your own risk. You engage in transactions between you and other users at your own risk.
7.10 Caster is under no obligation to provide any refund (either in cash or in credits) for any item made by a third party content creator that is broken, that later becomes disabled, that is later removed or altered by the content creator or by Caster, or that was inappropriately submitted. If you have any billing problems or questions, please contact Caster Support through our Help and Support page. Additionally, if an item is removed from this Service as a result of an intellectual property infringement claim (or Unsuitable for Caster content) and/or Caster disables your use of such an item as set forth in these Terms, any cash and/or any credits that you used to purchase such items will not be refunded.
7.11 We may revise or modify Products, Product information, or pricing without notice. We are not responsible for typos or errors in product descriptions or prices.
7.12 If You perform an in-app activity that we determine to reward, the performance of this activity alone does not entitle you to receive free Rubies. If you perform one of these actions, we may indicate that you are provisionally entitled to receive free Rubies. Free Rubies are not transferrable and may expire within 60 days of when they are issued. If we determine, in our sole discretion, that You have violated these Terms, in our sole discretion, we may cause You to forfeit all of the free Rubies associated with Your Caster Account.
7.13 If we determine, in our sole discretion, that You have violated these Terms, in our sole discretion, we may cause You to forfeit all of the free Rubies associated with Your Caster Account.
8. DIAMOND PROGRAM
8.1 Not a Legal Partnership and Not an Employee Relationship. Nothing in these Terms of Use shall be construed as creating an employee/employer relationship, an agent/principal relationship or a legal partnership between You and Caster, whether or not you have Diamond balances within the platform. Under no circumstances shall You, or any employee, independent contractor or other personnel engaged by You in performing Your obligations, look to Caster as his/her employer, agent, principal or partner. Neither You, nor any employee, independent contractor or other personnel engaged by You in performing Your obligations, shall be entitled to any benefits accorded to Caster's employees, including without limitation worker's compensation, disability insurance, vacation or sick pay.
8.2 Account Ownership. Accounts and Diamond balances are non-transferrable. Accounts cannot be sold or transferred to another user at any time. Any accounts found to be in violation of this clause will be terminated and Diamond balance will be nullified. Caster reserves the right to terminate a user’s account at any time and for any reason and to nullify and erase its Diamonds balance, as outlined in the Account Termination section of the Terms of Service.
8.3 Payments to You. All payees must be over the age of 18 and complete the necessary tax forms, banking information that matches the tax form, and consent form to be eligible to cash out.
The threshold value in Diamonds and exchange rate of Diamonds to “cash out” will be determined by Caster and can be changed at Caster’s sole-discretion at anytime and without advance notice. Such exchange rate may fluctuate between when you earned the Diamonds and time in which you opt to “cash out.”
In order to be eligible to “cash out” you must meet the following requirements: (a) You must provide appropriate tax and ID forms, as may be requested from time to time. In particular, You must provide Caster with a completed IRS Form W-9 or W-8, as applicable, (b) have a minimum balance of $100 worth of Diamonds based on the currently published exchange rate, (c) have payout preferences established via our third party vendor.
Verified payments will be released within seven (7) business days from the “cash out” request. Caster reserves the right to withhold payments at our discretion, while we verify the authenticity of the transaction(s). You shall be solely responsible for any and all taxes, including local, state, federal and other country specific taxes, Social Security contributions or payments, disability insurance, unemployment taxes, and other payroll type taxes applicable to any compensation paid to You.
Should Caster terminate a user’s account, their Diamond balance is subject to review for “cash out” eligibility. This decision will be made at the sole discretion of Caster.
Caster abides by all federal and state regulations, as do our vendors. Please review the Compliance section (8.7) to ensure you are eligible to “cash out.”
8.4 Abandonment. Caster reserves the right to deem your account abandoned and nullify Diamond balances from users whom have not logged in to their account within 365 days.
8.5 Fraudulent Activity. Caster may at any time deduct and/or recover from You upon demand any revenues derived by You from illegal or fraudulent activity by You or Your behalf no matter when such activity is discovered, or from mistakes on Caster's part. Adjustments may also be made to recover revenue lost due to fraudulent activity by a third party.
Users removed from the platform for Fraudulent Activity will not be eligible to “cash out” any remaining balance after their account has been terminated.
8.6 Termination of the Program. Caster reserves the right to change, suspend, or end this program at any time, for any reason, with or without advance notice.
8.7 Compliance. Caster is subject to U.S. trade control laws, and is committed to full compliance with applicable law. By agreeing to Caster’s Partner Broadcaster Amendment, you warrant that You (1) are not located or domiciled; (2) do not have a place of business; and (3) are not conducting business (any of which would make Participant a " Resident") in a jurisdiction in which access to or use of the Service or Props is prohibited by applicable law, decree, regulation, treaty, or administrative act, (2) a Resident of, or located in a jurisdiction that is subject to U.S. or other sovereign country sanctions or embargoes, or (3) an individual, or an individual employed by or associated with an entity, identified on the U.S. Department of Commerce's Denied Persons or Entity List, the U.S. Department of Treasury's Specially Designated Nationals or Blocked Persons Lists, or the U.S. Department of State's Debarred Parties List. You agree that if Your country of residence or other circumstances change such that the above representations are no longer accurate, You will immediately cease using the Service and Caster may refuse to deliver payments to You.
9 - Rewards
9.1. Rewarding Activities. We may reward certain activities that You may perform, including but not limited to: (1) Top Caster Ranks, (2) Purchasing Rubies, which You may purchase in the Service, or giving virtual Gifts to other users.
9.2. Caster may terminate Your eligibility to receive rewards in connection with Your activity or Your Content or the Service for any reason without prior notice to You. If You decide to terminate Your Caster Account or participation in this rewards program, Caster may NOT be able to complete any pending rewards to You, and for the avoidance of doubt, You will have no right to receive any rewards. Additionally, Caster may suspend or terminate Your Caster Account, or otherwise terminate Your participation in the rewards program or in connection with the Service, immediately and without notice if Caster determines or suspects, in its sole discretion, that You have violated the Terms or any other agreement between You and, on the other hand, Caster or any of its affiliates. Upon termination of Your Caster Account or Your participation in the rewards program, all other rights and duties of the Parties toward each other shall cease.
9.3. No Employment. You are engaging Caster for the use of the Service, including the App, and ability to potentially receive virtual revenue. You are not an employee of Caster or any affiliated entity. In the event that any court or agency determines that you performed services for Caster or any affiliated entity, you agree that it is the express intention of Caster and You that Your participation on the App and through the Service is as an independent contractor to Caster. Nothing in these Terms shall in any way be construed to constitute You acting as an agent, employee or representative of Caster. You acknowledge and agree that You are obligated to report as income all compensation received in connection with your use of the Service. You agree to and acknowledge the obligation to pay all self-employment and other taxes on such income. You further acknowledge and agree that you are not required to make or share Content nor do you have any schedule or requirements related thereto except as provided herein.
10. Boost Sponsorships
BroadCasters can "Sponsor" other Host broadcasters for the exclusive right to display the Sponsors Profile photo, Display name and Follow button on the Hosts library (pre-recorded video and photo) content.
11. SANCTIONS
11.1 Caster complies with all Federal and International regulation guidelines.
11.2 Payment processcesor may request additional verification to confirm any payments are in line with Federal and International regulation guidelines.
12. ACCOUNT TERMINATION
12.1 Caster reserves the right to suspend or terminate an account at their sole discretion. This includes, but not limited to, (A) violations of our Terms of Service, (B) engaging in fraudulent activity, (C) violation of our User Guidelines, (D) technical or legitimate business reasons
12.2 If you feel your account has been wrongfully suspended or terminated, please contact Support for an appeal. Please note Caster is under no obligation to overturn a decision made regarding account suspension or termination.
13. REMOVAL OF CONTENT; MODIFICATION AND TERMINATION OF THE SERVICE
13.1. Monitoring Content. Caster has the right, but not the obligation, to screen, refuse to post, remove or edit your Content (including any Sponsored Content), at any time and for any or no reason at all, in our sole discretion. Caster takes steps to monitor Content and keep the Site, App, and Service safe, but Caster cannot guarantee their safety. Caster reserves the right, but assumes no obligation, to remove Content, which is abusive, illegal or disruptive, or that otherwise fails to comply with the Terms of Use, and to limit or revoke Your access in full or in part to the Service, in our sole discretion, at any time, and for any reason, including, but not limited to reasons such as technical difficulties or violation of the Terms of Use.
13.2. Modification of the Service. Caster reserves the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. Caster will have no liability for any change to the Service or any suspension or termination of your access to or use of the Service.
13.3. Termination. In addition to any right or remedy that may be available to Caster under the Terms of Use or applicable law, Caster expressly reserves the right to suspend, limit or terminate Your access to the Service, at any time with or without notice and with or without cause, including if Caster determines, in Caster's sole discretion, that You pose a threat to the Service or its users. In addition, Caster may refer any information on illegal activities, including Your identity, to the proper authorities.
13.4. Given that the Service is provided in real-time, we would appreciate Your help in reporting to us any Content that You believe violates the Terms of Use by clicking Report on the alleged violating content for rapid review by Caster moderators.
14. FEEDBACK FROM YOU
14.1. While we welcome any feedback or comments from You, please note that any unsolicited ideas, feedback or suggestions pertaining to our business, such as ideas for new or improved products or technologies, website or tool enhancements, processes, materials, marketing plans or new product names, will automatically upon submission become the property of Caster, without any compensation to You. While under no obligation to review such submissions or to keep such submissions confidential, Caster may use or redistribute any such submission and its contents for any purpose and in any way it deems fit.
14.2. To provide such submissions or feedback, please email feedback@Caster.com.
15. COPYRIGHT INFRINGEMENT POLICY
15.1. Caster is committed to protecting the rights of copyright rights holders and seeks to comply with all applicable laws and regulations regarding the protection of intellectual property. Caster will promptly terminate the accounts of users that are determined by Caster to be repeat infringers.
15.2. If You are a copyright owner or an agent thereof and believe that any Content infringes Your copyrights, You may Submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our designated agent for copyright claim notifications (" Designated Agent") with the following information in writing (see 17 U.S.C. § 512(c)(3) for further detail):
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works within the Service are covered by a single notification, a representative list of such works that appear within the Service;
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;
Information reasonably sufficient to permit the service provider to contact You, such as an address, telephone number, and, if available, an electronic mail;
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
A statement under penalty of perjury that the information in the notification is accurate, and You are the owner of, or authorized to act on behalf of the owner of, an exclusive right that is allegedly infringed.
15.3. Caster will process any notices of alleged copyright infringement and will take appropriate actions under the DMCA. Upon receipt of notices complying with the DMCA, Caster will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing.
15.4. Caster may notify the owner or administrator of the affected Content so that he or she can make a counter-notification pursuant to his or her rights under the DMCA. If You receive such a notice, You may provide counter-notification in writing to the Designated Agent. To be effective, the counter-notification must be a written communication that includes the following:
Your physical or electronic signature;
Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
A statement from You under the penalty of perjury, that You have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
Your name, physical address and telephone number, and a statement that You consent to the jurisdiction of a Federal District Court for the judicial district in which Your physical address is located, or if Your physical address is outside of the United States, for any judicial district in which Caster may be found, and that You will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
15.5. Notices of claimed infringement and counter-notifications should be directed to the Designated Agent by emailing all proper documentation to copyright@Caster.com with the words "Attn Copyright Infringement Designated Agent" in the subject line.
16. Risk
16.1 - YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT: YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
17. WARRANTIES AND DISCLAIMERS
17.1. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
17.2. Caster EXPRESSLY DISCLAIMS (AND YOU HEREBY WAIVE): (A) ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, RESPECTING THE SERVICE, INCLUDING PROPS, AND RESPECTING ANY AND ALL SPONSORED PRODUCTS AND SERVICES; (B) ALL WARRANTIES RELATING TO CONTENT FROM USERS AND/OR THIRD PARTIES THAT YOU MAY OBTAIN OR ACCESS AT THE SERVICE INCLUDING WITHOUT LIMITATION SPONSORED CONTENT AND SPONSORED PRODUCTS AND SERVICES; (C) ALL WARRANTIES THAT SUCH CONTENT IS FREE OF MATERIAL THAT IS DEFAMATORY, INFRINGES COPYRIGHT, AND/OR VIOLATES THE RIGHTS OF PRIVACY OR PUBLICITY OF ANY PERSON OR ENTITY OR VIOLATES ANY LAW OR GOVERNMENTAL REGULATION; AND (D) ALL WARRANTIES THAT: (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU BY OR THROUGH THE SERVICE WILL MEET YOUR NEEDS AND/OR EXPECTATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE. YOUR DOWNLOADING ANY MATERIAL FROM OR THROUGH THE SERVICE IS AT YOUR OWN DISCRETION AND RISK. WITHOUT LIMITATION, YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE, OR OTHER DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU UNDERSTAND AND AGREE EXPRESSLY THAT Caster SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Caster HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, WITH OR FROM THE SERVICE; (iii) THE PURCHASE OR USE OF ANY SPONSORED PRODUCTS AND SERVICES; OR (iv) ANY OTHER MATTER RELATING TO THE SERVICE. TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF Caster FOR ANY CLAIMS UNDER THESE TERMS OF USE, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT PAID TO Caster BY THE USER.
17.3. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. The Service contains the opinions and views of its users. Caster does not endorse, guarantee, or assume responsibility for the accuracy, efficacy, or veracity of any Content from users made available through the Service.
17.4. Please also note that the Service is controlled and offered by Caster from its facilities in the United States of America. The laws of other countries may differ regarding the access and use of the Service. Caster makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so on their own volition and at their own risk, and are responsible for compliance with local law.
18. LIABILITIES AND INDEMNITIES
18.1. You are responsible for Your use of the Service and Your Content. You shall defend, indemnify and hold harmless Caster and its directors, officers, employees, representatives and agents (" Related Parties") from and against any all loss, liability, claim, damage and expense whatsoever (including all expenses incurred in investigating, preparing or defending against any claim whatsoever) arising out of or based upon: (a) your unauthorized use of, or misuse of, the Service; and (b) any violation of the Terms of Use by You, and/or by the use of Your Content, including, without limitation, any infringement of any third party's rights by Your use of the Service or through Content You Submit or the failure of Your Sponsored Content to comply with applicable law (including the FTC Guidelines); provided, however, that the indemnity provided in this paragraph shall not extend to any claims or related liabilities, losses, damages or expenses of the U.S. federal or state securities laws. Caster reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You (without limiting your indemnification obligations with respect to that matter), and, in that case, you agree to cooperate with our defense of those claims. Notwithstanding the foregoing, nothing contained in these Terms shall be deemed to constitute a waiver of any of Caster and/or any of its Related Parties' compliance with the federal securities laws and the rules and regulations thereunder, nor shall it constitute a waiver by You of any of Your legal rights under applicable U.S. federal securities laws or any other laws whose applicability is not permitted to be contractually waived.
18.2. With respect to each release of rights by You (including any Guest) provided in the Terms of Use: IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR Caster, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Caster WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE CONTENT CONTAINED ON THE SITE OR IN THE APP, WHETHER THE CONTENT IS PROVIDED OR OTHERWISE SUPPLIED BY Caster OR ANY THIRD PARTY. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
19. PLATFORM PROVIDERS
19.1. Platform providers, such as Apple Inc. and Google Inc. that make the App available for download (" Platform Providers") are not party to this Agreement. Platform Providers have no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to deliver any product or service purchased by You through the App, You may notify the applicable Platform Provider, and such Platform Provider may refund payments made for such purchases (if applicable). To the maximum extent permitted by applicable law, Platform Providers will have no other obligation whatsoever with respect to the App. You acknowledge that Platform Providers are not responsible for addressing any claims relating to the App or Your possession and/or use of the App, including but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; (iii) claims alleging infringement of intellectual property; and (iv) claims arising under consumer protection or similar legislation. We, not the Platform Providers, will be solely responsible for the investigation, defense, settlement and discharge of any such claims. Platform Providers are third party beneficiaries of this Section 15, and will have the right (and will be deemed to have accepted the right) to enforce the provisions of this Section 15 against You.
20. PRIVACY
20.1. To learn more about how Caster protects Your personal information, please refer to the Caster Privacy Policy, which is incorporated by and made a part of these Terms of Use.
21. DISPUTE RESOLUTION
21.1. YOU HEREBY WAIVE ALL RIGHTS TO PURSUE IN A COURT OF LAW ANY ACTION OR PROCEEDING INSTITUTED IN CONNECTION WITH THE SERVICE OR THESE TERMS OF USE. We and you agree and acknowledge that nothing in these Terms of Use shall be deemed to constitute a waiver of our compliance with the federal securities laws and the rules and regulations thereunder, nor shall it constitute a waiver by you of any of your legal rights under applicable U.S. federal securities laws or any other laws whose applicability is not permitted to be contractually waived. This provision shall not apply to claims arising under the U.S. federal securities laws.
21.2. In the event of any dispute, controversy, or claim of any kind or nature arising under or in connection with the Terms of Use whether based on contract, tort, statute, fraud, misrepresentation or any other legal or equitable theory, including without limitation disputes as to the creation, validity, interpretation, breach, or termination of the Terms of Use (a " Dispute"), the party initiating the Dispute shall give to the other party written notice of the specific subject(s) of the Dispute (the " Dispute Notice") and the parties shall meet and negotiate in good faith, in Los Angeles, CA., in an effort to resolve the Dispute without the necessity of any formal proceeding.
21.3. No formal proceedings for the resolution of the Dispute may be commenced until the later to occur of (a) a good faith conclusion one or both of the parties that amicable resolution through continued negotiation of the matter in issue does not appear likely, or (b) the thirtieth (30th) day after the Dispute Notice is received.
21.4. Any Dispute that the parties are unable to resolve through such negotiations will be submitted prior to the fortieth (40th) day after the Dispute Notice is received, to non-binding mediation administered by the American Arbitration Association or its successor (" AAA") in Los Angeles, California, which mediation shall extend for up to three (3) business days. The parties will mutually select the mediator from a list of mediators obtained from the office of AAA located in Los Angeles, California. If the parties are unable to agree on the mediator within five (5) business days after the Dispute is submitted to AAA, then the mediator will be selected by AAA.
21.5. Any Dispute that the parties are unable to resolve through negotiation and mediation as described above (including without limitation any dispute or controversy over the scope or applicability of this agreement to arbitrate) will be submitted to binding and final arbitration in accordance with the following:
21.6. The arbitration shall be conducted before a single arbitrator who is expert in the field of Internet services in Los Angeles, CA, and administered by the AAA in accordance with its streamlined commercial arbitration rules and procedures or subsequent versions thereof, except to the extent such rules and procedures may be inconsistent with the terms of the Terms of Use. Either party may demand arbitration of a Dispute by giving the other party written notice to such effect, which notice will describe, in reasonable detail, the facts and legal grounds forming the basis for the filing party's request for relief and will include a statement of the total amount of damages claimed. In no event will You be entitled to recover punitive, special or exemplary damages or seek injunctive or any other equitable relief.
21.7. The arbitrator's award shall be entered by either party in any court having competent jurisdiction provided that the party entering the award shall request that the court prevent the award from becoming publicly available except as may be required by law. The arbitrator shall not limit, expand or otherwise modify the terms of the Terms of Use. Each party shall bear its own expenses and pay pro rata its share of AAA fees and expenses (including, without limitation, compensation for the arbitrator). The parties agree that the existence and contents of the entire arbitration, including the award, shall be deemed a compromise of a dispute under Rule 408 of the Federal Rules of Evidence, shall not be discoverable in any proceeding, shall not be admissible in any court (except for the enforcement thereof) or arbitration and shall not bind or collaterally estop either party with respect to any claim or defense made by any third party.
21.8. The parties agree that any mediation or arbitration proceedings, testimony, or discovery, along with any documents filed or otherwise submitted in the course of any such proceedings (and including the fact that the mediation or arbitration is being conducted) shall be confidential and shall not be disclosed to any third party except to the mediators or arbitrators and their staff, the parties' attorneys and their staff, and any experts retained by the parties, or as required by law.
21.9. Notwithstanding the foregoing, a party may disclose limited information if required in any judicial proceeding brought to enforce these arbitration provisions or any award rendered hereunder.
22. MISCELLANEOUS
22.1. Nothing in the Terms of Use shall be construed to create a partnership, joint venture or agency relationship between You and us. You may not assign any of Your rights or delegate any of Your duties under the Terms of Use without the prior written consent of Caster. Caster may assign this Agreement and/or any of its rights, and delegate its duties in its discretion. Any purported assignment which is inconsistent with the foregoing shall be null and void. The Terms of Use, its interpretation, performance or any breach thereof, shall be construed in accordance with, and all questions with respect thereto shall be determined by, the laws of the state of New York applicable to contracts entered into and wholly to be performed within said state without regard to conflicts of laws. No waiver of any breach of any provision of the Terms of Use shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. In the event any provision of the Terms of Use shall for any reason be held to be invalid, illegal or unenforceable in any respect, the remaining provisions shall remain in full force and effect. In resolving any dispute or construing any provision hereunder, there shall be no presumptions made or inferences drawn (i) because the attorneys for one of the parties drafted the agreement; (ii) because of the drafting history of the agreement; or (iii) because of the inclusion of a provision not contained in a prior draft, or the deletion of a provision contained in a prior draft. All representations, warranties and indemnities contained herein or made by You in connection herewith shall survive any termination, expiration, or suspension of Your rights under the Terms of Use. Section headings are for convenience only and are not a part of the Terms of Use. The Terms of Use contain the entire understanding of the parties and cannot be amended except by a writing signed by both parties. No party hereto has relied on any statement, representation or promise of any other party or with any other officer, agent, employee or attorney for the other party in executing this Agreement except as expressly stated herein.
22.2 Your indemnity obligations pursuant to the Agreement, You hereby indemnify and hold harmless Caster and all Related Parties from any and all Losses suffered by Caster or such Related Parties arising out of Your failure to comply with the foregoing obligations.
23. AMENDMENT
23.1. Caster reserves the right, in its sole discretion, to change, modify, add, or delete portions of the Terms of Use at any time. When using the Service, You may be subject to additional applicable guidelines or rules that may be posted from time to time. All of these guidelines and rules are deemed incorporated into the Terms of Use. While we may attempt to notify You when major changes are made to the Terms of Use, it is Your responsibility to review the Terms of Use periodically to check for changes. When Caster makes changes, it will give the date of the most recent update in this space so You can be kept abreast by visiting this page. Caster also reserves the right in its sole discretion and at any time to modify or discontinue, temporarily or permanently, the Service (or any part of it), with or without notice.
(Terms of Use last updated: January 17, 2023)