Welcome to Event-Cast
Event-Cast, Inc. ("Event-Cast," "we" or "us") provides content streaming and social networking services for the sharing of live content and video chat on the Internet and via mobile devices (the "Services") by our users through our website accessible at www.Event-Cast.com (the "Site"). Please read the following important terms and conditions ("Terms of Service") carefully. These Terms of Service and the other policies posted on the Site or made available via the Service govern your access to and use of the Site and Services, including any content, information, products or services therein. These Terms of Service are a legal agreement between you and Event-Cast.com and apply to you whether you are a Member (defined below) or a visitor just browsing the Site (collectively, "Event-Cast.com Users"). The Event-Cast.com Acceptable Use Policy ("AUP") is incorporated herein by reference and to the extent that there are any conflicts between the terms or conditions of our AUP and these Terms of Service, the terms and conditions of these Terms of Service will govern. YOU UNDERSTAND THAT BY USING THE SITE, SERVICES (INCLUDING ANY CONTENT PROVIDED THEREIN), OR YOUR ACCOUNT, YOU ARE AGREEING TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR USE THE SITE OR SERVICES. If you agree to these Terms of Service on behalf of a business, you represent and warrant that you have the authority to bind that business to these Terms of Service and your agreement to these terms will be treated as the agreement of the business. In that event, "you" and "your" will refer and apply to that business.
1. Eligibility and Registration
2. Termination or Suspension of the Site or Services & Modification of these Terms of Service.
3. Copyrighted Materials:
No Unauthorized Use. YOU WILL NOT USE THE SITE OR SERVICES TO TRANSMIT, ROUTE, PROVIDE CONNECTIONS TO OR STORE ANY MATERIAL THAT INFRINGES COPYRIGHTED WORKS OR OTHERWISE VIOLATES OR PROMOTES THE VIOLATION OF THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY. Event-Cast.com has adopted and implemented a policy that provides for the termination in appropriate circumstances of the accounts of users or Members who repeatedly infringe or are believed to be infringing the rights of copyright holders. Please see the Event-Cast.com Copyright and IP Policy for further information.
4. Intellectual Property Rights and Ownership
5. Interactions between Event-Cast.com Users.
You are solely responsible for your interactions (including any disputes) with other Event-Cast.com Users. You understand that Event-Cast.com does not in any way screen Event-Cast.com Users. You are solely responsible for, and will exercise caution, discretion, common sense and judgment in, using the Site and Services and disclosing personal information to other Event-Cast.com Users. You agree to take reasonable precautions in all interactions with other Event-Cast.com Users, particularly if you decide to meet a Event-Cast.com User offline, or in person. Your use of the Site, Services, Content and any other information or other materials made available through the Site or Services is at your sole risk and discretion and Event-Cast.com hereby disclaims any and all liability to you or any third party relating thereto. Event-Cast.com reserves the right to contact Members, in compliance with applicable law, in order to evaluate compliance with the rules and policies in these Terms of Service. You will cooperate fully with Event-Cast.com to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting authorized Event-Cast.com representatives access to any password-protected portions of your Event-Cast.com account. Without limiting the terms of Section 4(c)(iii), Event-Cast.com may in its sole discretion review and/or record broadcast chat exchanges and/or other communications engaged in via the Site or Services, in accordance with applicable law, in order to evaluate compliance with the rules and policies set forth in these Terms of Service or as otherwise technically necessary.
6. Obligations for Event-Cast.com Users.
The Site and Services may be used and accessed for lawful, non-commercial purposes only. You agree to abide by all applicable local, state, national and foreign laws, treatises and regulations in connection with your use of the Site and Services. In addition, without limitation, you agree that you will not do any of the following while using or accessing the Site or Services:
7. Sweepstakes and Contests.
Event-Cast.com may operate sweepstakes, contests and similar promotions (collectively, "Promotions") through the Site or Services. You should carefully review the rules (e.g., the "Official Rules") of each Promotion in which you participate through the Site or Services, as they may contain additional important information about Event-Cast.com's rights to and ownership of the submissions you make as part of the Promotions and as a result of your participation in such Promotion. To the extent that the terms and conditions of such Official Rules conflict with these Terms of Service, the terms and conditions of such Official Rules will control.
8. Disclaimer of Warranties.
Your use of the Site, Services, Content and User Submissions is at your sole discretion and risk. The Site, Services, Content and User Submissions, and all materials, information, products and services included therein, are provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind. EVENT-CAST.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SITE, SERVICES, CONTENT AND USER SUBMISSIONS, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. Event-Cast.com disclaims any warranties: (i) regarding the security, accuracy, reliability, timeliness and performance of the Site; or (ii) that the Site, Services, Content and User Submissions will be error-free or that any errors will be corrected. No advice or information, whether oral or written, obtained by you from Event-Cast.com, will create any warranty not expressly stated in THESE TERMS OF SERVICE. Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you.
9. Limitation of Liability.
IN NO EVENT WILL EVENT-CAST.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, SERVICES, CONTENT AND USER SUBMISSIONS WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT EVENT-CAST.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT WILL EVENT-CAST.COM'S CUMULATIVE LIABILITY TO YOU EXCEED $100.
You agree to defend, indemnify, and hold Event-Cast.com, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney's fees and costs, arising out of or in any way connected with (i) your access to or use of the Site, Services, Content and User Submissions; (ii) your violation of these Terms of Service; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party, including without limitation claims that your User Submissions are infringing.
11. Third Party Links.
The Site may provide links to third party websites or resources from the Site. You acknowledge and agree that Event-Cast.com is not responsible or liable for the availability or accuracy of, and Event-Cast.com does not endorse, such websites or resources or the content, products, or services on or available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.