YouCastr Pro Terms of Use
1. Agreement
This is an agreement between you and YouCastr Corporation regarding your use of YouCastr Corporation's streaming service allowing you access to stream/broadcast content and other communications services (The "YouCastr Pro Service"). This agreement governs the terms and conditions under which YouCastr Corporation makes the YouCastr Pro Service available to businesses and individuals in connection with YouCastr Corporation Pro Service or similar service. Under this agreement, you must comply with YouCastr Corporation's then-current "Terms of Use," as updated from time to time by YouCastr Corporation, which can be viewed at www.youcastr.com/info/terms which is incorporated in this agreement by reference. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ENTERING YOUR CUSTOMER INFORMATION AND OR BILLING INFORMATION DURING THE SIGNUP PROCESS, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND YOUCASTR CORPORATIONS ACCEPTABLE USE POLICY.
2. Amendment
YouCastr Corporation may modify this agreement or the Terms of Use policy at any time in its sole discretion. Any modification is effective immediately. If any modification to this agreement is unacceptable to you, you may immediately terminate your subscription to YouCastr Pro Service as provided in Section 15 below. However, if you do not terminate your subscription to YouCastr Pro Service, or continue to use the YouCastr Pro Service, following modification to this agreement, your continued use will mean that you have accepted that modification.
3. Disclaimer
The YouCastr Pro 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 Corporation 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 Corporation, 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.
4. Information and Products
You acknowledge that except for information products or services clearly identified as being supplied by YouCastr Corporation, neither YouCastr Corporation nor any of its suppliers, licensor, or affiliates ("Affiliates") operates or controls any information, products or services accessible through the YouCastr Pro Service in any way and that, except for such YouCastr Corporation identified information, services or products, all merchandise, information and services offered or made available or accessible through the YouCastr Pro Service are offered or made available or accessible by third parties who are not affiliated with YouCastr Corporation or its Affiliates. YOU ACKNOWLEDGE THAT USE OF THE YouCastr Pro Service IS AT YOUR SOLE RISK AND YOU AGREE THAT ANY INFORMATION, SERVICE OR PRODUCT ACCESSIBLE THROUGH THE SERVICE IS WITHOUT WARRANTIES OF ANY KIND BY YouCastr Corporation AND ITS AFFILIATES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. The terms of this Section will survive any termination of this agreement.
5. Commerce on the Web
Through your uses of the YouCastr Pro Service, you may have opportunities to order and purchase merchandise or services from other subscribers to the YouCastr Pro service and users of other communications outlets such as the Internet. You further acknowledge that all transactions relating to merchandise or services offered by you through the YouCastr Pro service, including but not limited to the purchase terms, payment terms, warrantees, guarantees, maintenance and delivery terms for such transactions are agreed to solely between you and third party purchasers. YouCastr Corporation and its affiliates make no warranties or representations whatsoever with respect to your goods and services, or with respect to the qualifications of any third party purchaser.
6. 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 Pro Service, including but not limited to reliance on any information obtained on the YouCastr Pro 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.
7. Charges
You agree to pay YouCastr Corporation the then-current monthly charges for the YouCastr Pro Service. You may find information regarding current rates for using the YouCastr Corporation Service by viewing YouCastr Corporation's Web page at www.youcastr.com under the section designating the service you have chosen. The Terms of Use policy may contain additional charges for particular services. Customer agrees that YouCastr Corporation may charge Customer's monthly service fee to the credit card supplied by customer during registration or invoice the customer based on the information supplied by customer during registration. If YouCastr Corporation does not receive the full amount of Customer's YouCastr Corporation Service account balance within 30 days of the invoice date or billing date, the lesser of an additional 1.5%, or the highest percentage allowed by law, of the outstanding balance may be added to your bill as a late charge each month and will be due and payable immediately. The specific service you have chosen may offer you the choice of additional payment terms, including without limitation pre-payment terms. YouCastr Corporation reserves the right to increase fees, surcharges, monthly subscription fees or to institute new fees at any time upon 30 days prior notice. YouCastr Corporation may reduce any fees at any time without notice. In the event that your account is terminated or canceled, on-line time credited to your account is not convertible to cash or other form of credit. All YouCastr Pro Service accounts will auto-renew after 30 days and incur another charge to your account unless cancelled.
8. Cancellation
In order to not incur any further billing for YouCastr Pro Services, you must cancel your account(s) with YouCastr Corporation. This can be done by contacting YouCastr Corporation at pro@youcastr.com. Accounts will continue to incur charges until they are properly cancelled and you will be liable for these charges.
9. Personal Information
For purposes of identification, billing and marketing, you must provide YouCastr Corporation with accurate, complete, and updated information required by the subscription to the YouCastr Pro Service including your legal business name, address, telephone number(s), contact person, and applicable payment data (for example, a credit card number and expiration date). You must notify YouCastr Corporation within 30 days of any changes in your Member Registration Data. YouCastr Corporation may require a copy of a state issued form of identification before making changes to the billing information or registration data on a Customer's account.
10. Accounts and Passwords
This agreement applies to all accounts, sub-accounts, and alternative account names associated with your principal account. You are responsible for the use of each of your accounts, whether used under any name or by any person, and for ensuring full compliance with this agreement by all users of that account. A YouCastr Pro Service account may not be transferred without prior written approval from YouCastr Corporation. You are responsible for maintaining the confidentiality of your passwords. In the event of a breach of security through your account, you will be liable for any unauthorized use of the YouCastr Pro Service until you cancel YouCastr Pro Service by contacting YouCastr Corporation at pro@youcastr.com.
11. Offensive Material
YOU UNDERSTAND THAT INFORMATION AVAILABLE TO YOU THROUGH THE YOUCASTR PRO SERVICE MAY INCLUDE MATERIALS THAT ARE UNEDITED, SEXUALLY EXPLICIT OR OFFENSIVE TO YOU AND THAT YOUR ACCESS TO SUCH MATERIALS IS AT YOUR OWN RISK. YOUCASTR CORPORATION AND ITS AFFILIATES HEREBY DISCLAIM ANY RESPONSIBILITY FOR OR CONTROL OVER SUCH MATERIALS.
12. At-Will Termination
This agreement will become effective on the date YouCastr Corporation receives your first payment, and will remain in effect billing-month-to-billing-month unless terminated by either party pursuant to this agreement. You may terminate the agreement and your subscription at any time for any reason or no reason. YouCastr Corporation may immediately restrict, suspend or terminate without notice, your access to and use of the YouCastr Pro Service upon any breach of this agreement, including the then-current Terms of Use policy. YouCastr Corporation may also terminate the agreement at any time for any reason or no reason, upon 10 days' prior notice. In the event of any termination for breach of this agreement, you may not establish a new subscription with YouCastr Corporation for one year from the date of termination. Upon and after termination, YouCastr Corporation will not be obligated to provide you with access to any stored information or content related to your account. Your only right with respect to any dissatisfaction with any terms, rules, policies, guidelines, or practices of YouCastr Corporation in operating the YouCastr Pro Service, any change in the content of the YouCastr Pro Service, or any change in the amount or type of fees charged in connection with the YouCastr Pro Service, is to terminate this agreement by delivering notice to YouCastr Corporation, effective the day YouCastr Corporation receives notification of termination.
13. Indemnity
Upon request of YouCastr Corporation, 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 relating to your use of the YouCastr Pro Service, including without limitation any violation by you of YouCastr Corporation's Terms of Use policy. The terms of this Section will survive any termination of this agreement.
14. Entire Agreement
This agreement constitutes the entire agreement between you and YouCastr Corporation with respect to the YouCastr Pro Service and supersedes all prior agreements between you and YouCastr Corporation. YouCastr Corporation's failure to enforce any provision of this agreement will not be construed as a waiver of any provision or right. In the event that a portion of this agreement is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect.
15. Notices
Any notices in connection with this agreement must be sent to each party as follows: if to YouCastr Corporation: YouCastr Corporation, 18 Hurley Street Cambridge, MA 02141 – 617-818-8366 - or email to pro@youcastr.com; if to you: either the e-mail address for your account, or the address supplied by you as part of the Member Registration Data. Any notices or communication under this agreement will be deemed delivered to the party receiving such communication on the delivery date if delivered personally to the party; (2) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, whether or not received, if sent by US mail, return receipt requested; (4) on the delivery date if transmitted by confirmed facsimile or (5) on the delivery date if transmitted by confirmed email.
16. 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.
17. 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.
