1. Agreement
Certain products and services may from time to time be made available to you ("you" or "User") by YouCastr Corporation, or its corporate affiliates (“YouCastr”) through the YouCastr web site (the "Site") and service ("YouCastr Service"). By purchasing any products or services from YouCastr, you signify that you have read, understand and agree to be bound by the General Terms of Use in effect at the time of purchase ("General Terms of Use"). Your purchases and your use of YouCastr Service are also governed by the YouCastr Broadcasting Terms of Use ("Broadcasting Terms of Use"), which are incorporated herein by reference. PLEASE READ THESE TERMS OF SALE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
2. Amendment
These General Terms of Use are subject to change without prior written notice at any time, in Company's sole discretion, and such changes shall apply to any purchases made after such changes are posted to the Site. Therefore, you should review these General Terms of Use prior to each purchase so you will understand the terms applicable to such transaction. If you do not agree to these General of Terms of Use, do not make any purchases on YouCastr.
3. Eligibility
To make a purchase on YouCastr Service, you must be a registered YouCastr Service User and comply with these General Terms of Use (including the Broadcasting Terms of Use). You acknowledge that you are responsible for maintaining the security of, and restricting access to, your account and password, and you agree to accept responsibility for all purchases and other activities that occur under your account. YouCastr sells its products only to those users who can legally make purchases with a credit card. If you are under 18, you may make purchases on YouCastr Service only with the involvement of a parent or guardian. YouCastr reserves the right to refuse or cancel orders or terminate accounts, at any time in its sole discretion.
The YouCastr Service is not available to persons under the age of 13 or to any users previously suspended or removed from the YouCastr Service by YouCastr. BY USING YOUCASTR PRO SERVICE, YOU REPRESENT THAT YOU ARE AT LEAST 13 YEARS OF AGE AND HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE YOUCASTR PRO SERVICE.
4. Disclaimer
The YouCastr Service is provided on an AS IS, AS AVAILABLE BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. YOUCASTR EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE YOUCASTR PRO SERVICE WILL BE ERROR-FREE, SECURE OR UNINTERRUPTED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY YOUCASTR, ITS EMPLOYEES, LICENSORS OR THE LIKE, WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE. The terms of this Section will survive any termination of this agreement.
5. Product and Service Descriptions and Availability, Errors
YouCastr and its suppliers continually upgrade and revise its products and services to provide you with new products and services. YouCastr may revise, discontinue or modify products or services at any time without prior notice to customers, and products or services may become unavailable without notice. YouCastr shall have no liability of any kind if a product or service that has been ordered is unavailable. If necessary, YouCastr reserves the right to substitute items of equal or greater value when an item or service is unavailable or YouCastr may cancel the order.
YouCastr attempts to be as accurate as possible and eliminate errors on Site, however YouCastr does not warrant that any product, service or description, pricing or other information is accurate, complete, reliable, current, or error-free. In the event of an error, whether on the Site, in an order confirmation, in processing an order, delivering a product or service or otherwise, YouCastr reserves the right to correct such error and revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount charged. In addition, YouCastr may, in lieu of a refund opt to provide you with a service credit with a value at least equal to the amount charged to your credit card. YouCastr reserves the right to determine and modify from time to time the exact nature of any such merchandise or service credit, including conversion into one or more different types of merchandise or service credits. Your sole remedy in the event of such error is to cancel your order and obtain a refund or credit as set forth above.
6. Subscription Services
The Subscription Services, depending on which you subscribe to, may allow you to, among other things: watch certain live and/or video on demand events video clip compilations. The Subscription Services are provided for your private, non-commercial use, and you may not distribute, modify, translate, rebroadcast, transmit, perform or create derivative works of them.
The Subscription Services are subject to transmission limitations of the Internet, including, but not limited to, video and/or audio dropouts, buffering, strobing or loss of connection.
Your Subscription Service is provided on a per event, package, collection or annual basis and will automatically continue until you cancel it.
Programming, pricing, terms and conditions of the Subscription Services are subject to availability and change.
7. Payment Method and Terms
YouCastr uses payment services provided by Braintree Payment Solutions (“Braintree”) for United States and international customers. Braintree supports payments by credit cards (Visa, MasterCard, American Express, Discover, Diners Club, and JCB), and bank account debits. By submitting an order through YouCastr Service, you authorize the Company, or its designated payment processor, to charge the account you specify for the purchase amount. All payments are to be made in United States Dollars.
All fees relating to services and downloaded products are final and nonrefundable.
8. Taxes
User will be responsible for any applicable sales or use tax, duties, or other governmental taxes or fees payable in connection with your purchase. If you do not pay such sales or other tax or fee on a transaction, you will be responsible for such taxes or fees in the event that they are later determined to be payable on such sale, and, and Company reserves the right to collect such taxes or other fees from you at any time.
9. Cancellation
To cancel your YouCastr account, please follow the simple Account Cancellation process under Account Settings on the Site.
Please Note: Once you cancel your account you will no longer have access to any previously purchased Subscription Services.
10. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL YOUCASTR CORPORATION, OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE YouCastr Service, including but not limited to reliance on any information obtained on the YouCastr Service; or that result from mistakes, omissions, interruptions, deletion of files or loss of or damage to data, errors, defects, viruses, delays in operation, or transmission, or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to YouCastr Corporation's records, programs or services. YOU HEREBY ACKNOWLEDGE THAT THIS PROVISION WILL APPLY WHETHER OR NOT YouCastr Corporation IS GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND THAT THIS PROVISION WILL APPLY TO ALL CONTENT, MERCHANDISE OR SERVICES AVAILABLE FROM YOUCASTR CORPORATION OR ITS AFFILIATES. The terms of this Section will survive any termination of this agreement.
11. Indemnity
Upon request of YouCastr, you shall defend, indemnify and hold harmless YouCastr Corporation, its officers, directors, employees, agents and licensees, from any claims, losses, damages, expenses, and fees including without limitation reasonable attorneys fees, arising out of or in connection with your purchase or use of any product or services, or any violation of this Agreement or of any law or the rights of any third party.
12. Entire Agreement
These General Terms of Use, including the Broadcasting Terms of Use, constitute the entire agreement between you and Company regarding purchases you make on YouCastr Service, superseding any prior agreements between you and Company relating to such purchases. The failure of Company to exercise or enforce any right or provision of these General Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of these General Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these General Terms of Use and shall not affect the validity and enforceability of any remaining provisions. In the event of a conflict between these General Terms of Use and the Broadcasting Terms of Use, these General Terms of Use shall be controlling.
13. Force Majeure
YouCastr Corporation will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen contingency beyond the reasonable control of such party including without limitation Internet outages, communications outages, fire, flood, war or act of God.
14. General Terms
This Agreement is to be construed in accordance with and governed by the internal laws of the State of Delaware without giving effect to any choice of law rule that would cause the application of the laws of any other jurisdiction other than the internal laws of the State of Delaware to the rights and duties of the parties. The parties hereby consent to the personal and exclusive jurisdiction and venue of the federal and state courts of Delaware. The terms of this Section will survive any termination of this agreement.
