Currently, Freecast provides the Services free of charge to listeners. You are responsible for paying any applicable taxes and for all hardware, software, service and other costs you may incur in connection with the Services, including costs incurred in connecting to the Site via the Internet. Freecast reserves the right, at any time, to charge fees for access to the Site or for any of its Services. Freecast will notify you of any such fees by posting information regarding such fees on the Site.
1.
Content Guidelines.
You agree not to post, upload or transmit to the Site or to Freecast's servers any sound recordings, communications, text, graphics or other information (collectively, "Material") that:
Freecast in its sole discretion shall determine your compliance with the foregoing guidelines and reserves the right to delete from the Site without prior notice any material that it deems to be non-complying or otherwise objectionable for any reason.
Freecast takes no legal responsibility for illegally broadcasted material that is against our stated broadcasting regulations.
Freecast will not be held responsible for any legal action taken against your show, in full or in part, or you as an individual regarding actions in your show.
2.
Uploading Sound Recordings.
The uploading of original sound recordings by you to the Site is governed by a License and Release.
3.
Transmission of Internet Radio Programs.
You must read and agree to the terms of Freecast's Broadcaster Agreement for Individuals / Natural Persons in order to transmit your own Internet radio programs via the Site. To the extent the Terms of Use conflict with the Internet Transmission Agreement with respect to any Internet radio programs transmitted by you via the Site, the Internet Transmission Agreement shall govern with respect to any such Internet radio programs.
4.
Other Restrictions on Use.
You shall comply with all laws and regulations applicable to your use of the Services, the Site, and the Material.
Any third-party sites to which the Site may link are not under Freecast's control, and Freecast does not assume any responsibility or liability for any information, content, communications or materials available on such third-party sites. Absent express language to the contrary, Freecast does not intend links contained on the Site to be referrals to, or endorsements of, the linked third-party sites or the entities that operate them, and such links are provided for convenience only.
THE SERVICES, INFORMATION, CONTENT, AUDIO TRANSMISSIONS OR OTHER DATA OF ANY KIND OR NATURE MADE AVAILABLE AT THE SITE (COLLECTIVELY, "Information") ARE PROVIDED "AS IS", AND ALL REPRESENTATIONS AND WARRANTIES, EITHER EXPRESS OR IMPLIED ARE DISCLAIMED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Freecast MAKES NO WARRANTY, REPRESENTATION OR GUARANTY AS TO THE CONTENT, SEQUENCE, ACCURACY, TIMELINESS OR COMPLETENESS OF THE SITE OR THE INFORMATION OR THAT THE INFORMATION MAY BE RELIED UPON FOR ANY REASON. Freecast MAKES NO WARRANTY, REPRESENTATION OR GUARANTY THAT USE OF THE SITE, THE SERVICES OR THE INFORMATION WILL BE UNINTERRUPTED, SECURE, VIRUS-FREE OR ERROR-FREE OR THAT ANY DEFECTS CAN BE CORRECTED. WITHOUT LIMITING THE FOREGOING PROVISIONS OF THIS SECTION 5, Freecast SHALL HAVE NO LIABILITY FOR:
1. any loss or injury caused, in whole or in part, by its actions, omissions, or negligence, or for contingencies beyond its control, in procuring, compiling, or delivering the Information, the Site or the Services;
2. any errors, omissions, or inaccuracies in the Information regardless of how caused, or delays or interruptions in delivery of the Information;
3. any decision made or action taken or not taken in reliance upon the Information furnished hereunder;
4. any losses or damages whatsoever, whether in contract, tort or otherwise, from the use of, or reliance on, the Information, or from the use by you of the Internet generally;
5. any special or consequential damages that are directly or indirectly related to the use of, or the inability to use, the Services or the Site, even if Freecast has been advised of the possibility of such damages; or
6. any lost profits or special, incidental or consequential damages (no matter how they might arise, including from Freecast's negligence) arising out of or in connection with the Information, the Services, the Site or the Terms of Use.
Any communication, information or other material you transmit or post to the Site, by electronic mail or otherwise (other than personally identifiable information about you), including any answers to questions, comments, suggestions, or other data supplied by you is, and will be treated as, non-confidential and non-proprietary. You hereby grant to Freecast a non-exclusive, worldwide, perpetual fully paid-up license to use any such communication, information or material for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, distribution, advertising, marketing, promotion, research, broadcast, display, modification, syndication, licensing and posting. Freecast's use of personally identifiable information, as well as Freecast's use of cookies and other tracking methods, is governed by the terms of Freecast's Privacy Policy. By accepting the Terms of Use, you expressly consent to disclosures of such personally identifiable and other personal information to third parties, and to Freecast's use of your information, as enumerated in Freecast's then-current privacy policy, which is incorporated herein by reference. Because Freecast's Privacy Policy may change from time to time, you should also review it regularly for updates.
You represent and warrant that:
1. you have full right and power to enter into and perform these Terms of Use, and have secured all third party consents necessary to enter into these Terms of Use;
2. all factual assertions that you have made and will make to Freecast are true and complete; and
3. you are of the age of majority, have the right to enter into legally binding agreements, and have the full and complete right to agree to the Terms of Use.
Freecast reserves the right to terminate this Agreement immediately and without notice for any or no cause, at any time. Without limiting the preceding sentence, Freecast may terminate your use of the Services or access to the Site immediately and without notice if: (a) you breach the Terms of Use; (b) you infringe the intellectual property rights of a third party in connection with the Services; (c) Freecast is unable to verify or authenticate any information you provide to it, or (d) any material uploaded or transmitted by you to the Site violates any applicable laws or rights of any third party.
The Terms of Use shall be governed by and construed in accordance with the laws of the State of Texas, without regard to conflict of laws principles. You and Freecast agree that any and all disputes arising out of or related to these Terms of Use shall be resolved solely through binding arbitration pursuant to the provisions of this paragraph 9 and the then-current rules of the American Arbitration Association (to the extent not inconsistent with this paragraph 9). Any arbitration arising out of or related to these Terms of Use shall be held in San Mateo County, Foster City, California, before one independent arbitrator agreed upon by both parties. Any arbitration will be final and binding, and the arbitrator's order will be entered and enforceable in any court of competent jurisdiction. The arbitrator will be chosen within thirty (30) days of the submission of any issue to arbitration, the discovery (if any) will be completed within sixty (60) days thereafter, the hearing will occur within thirty (30) days thereafter and the arbitrator must render his or her decision, in writing, within thirty (30) days after the end of such hearing.
Freecast reserves the right to change, suspend or discontinue any aspect of the services or the Site at any time, including the availability of any of the Site features, databases or content. Freecast will attempt to provide reasonable notice of such changes to the Services or the Site. Freecast may also impose limits on features or restrict access to parts of the Site.
Freecast may amend these Terms of Use at any time by posting amended Terms of Use to the Site. The amended Terms of Use shall be effective immediately upon posting to the Site. Freecast therefore encourages you to review these Terms of Use frequently.
Notifications of any unlawful conduct, including, without limitation, copyright or other intellectual property infringement should be sent to Freecast's Designated Agent at abuse@freecast.co.uk.
1. Your sole remedy for any breach of these Terms of Use by Freecast shall be an action at law for money damages, if any. In no event shall you be entitled to injunctive or other equitable relief based on any act or omission of Freecast, or any breach of these Terms of Use by Freecast.
2. These Terms of Use constitute the entire understanding of you and Freecast with respect to the subject matter hereof. There are no understandings, agreements, conditions or representations, oral or written, express or implied, with reference to the subject matter hereof that are not merged herein, expressly referenced herein, or superseded hereby.
3. Nothing contained in these Terms of Use shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise between you and Freecast.
4. The provisions of these Terms of Use are independent of each other and the invalidity of any provision or a portion thereof shall not affect the validity or enforceability of any other provision. In the event that any particular provision is found to be invalid or unenforceable, such provision shall be deemed to have been replaced with a valid and enforceable provision that approximates as closely as possible the intent of you and Freecast as reflected in the original provision.
5. Any delay or failure on the part of Freecast to enforce any rights hereunder to which it may be entitled shall not be construed as a waiver of the right and privilege to do so at any subsequent time.
6. You indemnify and hold harmless Freecast, and the officers, directors, employees, partners, principals, agents and representatives of Freecast, from, against and in respect of any and all demands, claims, actions or causes of action, liabilities, losses, and expenses, including reasonable attorneys' fees, arising out of or relating to any breach by you of any covenant, representation or warranty made pursuant to these Terms of Use.
7. All provisions which must survive in order to give effect to their meaning, shall survive any expiration or termination of these Terms of Use, including without limitation all of your representations, warranties and indemnification obligations.
8. You will obey any additioanl rules detailed on the Freecast website.
1. By accepting this Terms of Service you are also opting in for our monthly newsletter, you may unsubscribe in your profile.
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