1.1. Welcome to the Service. It was created by Caster as a platform for personal communication and entertainment.
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*.
1.4. Use of Caster by Minors: While content on Caster is approperaite for younger viewers, Caster is not intended for persons under the age of 18.
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 a 3rd party API connection to Your Google+®, Apple® or Twitter® account, using the same information provided to any of those networks. You can alter such information by updating Your account on Google+®, Apple® or Twitter® 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 of the Service on your device. You must notify us immediately of unauthorized use of Your Caster Account or of any related security breach by contacting us at Caster Support.
3. OWNERSHIP OF THE SERVICE
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.
4.5. 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.
4.7. 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.
4.9. 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.
4.11. 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.
5. Boost Fans
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.
6.3. 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
8.2 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. If our 3rd party merchant accounts (including but not limited to PayPal, Apple Store, Google Playstore) reverse the purchase of Rubys, all further associated transactions tied to those Rubys will be reversed. Further, 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.
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. Cross Promotion
BroadCasters can "cross promote" with other Host broadcasters for the exclusive right to display their Profile photo button on the Hosts library (pre-recorded video and photo) content.
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
13.2. 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.
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.
16.1 - 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.
17.3. 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
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.
21. DISPUTE RESOLUTION
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:
21.8. 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.
22.2 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.