Welcome to BoxCast.com (the “Website”), a service provided to you by BoxCast, Inc. (“BoxCast”). These Terms of Service establish the terms to which you agree, and by which you will be legally bound (to the extent permitted by law), when using the Website. As used in these Terms of Service, “using” includes without limitation visiting, browsing, clicking on links within, and accessing text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials offered via, or contributed by you or a third party to, the Website (the “Content”), whether as a broadcaster or viewer or as a guest or registered user. Please read these Terms of Service carefully before you start to use the Website. If you do not agree to these Terms of Service or do not intend to be so bound, you should discontinue use of the Website (or, if the option is made available to you, do not click to agree or proceed).
Additional terms and conditions (“Additional Terms”) also may apply to specific products, services or features made available by BoxCast on or through the Website. The Additional Terms (as applicable) are hereby incorporated by this reference into these Terms of Service. In the event of a conflict between any Additional Terms and these Terms of Service, the Additional Terms shall prevail.
BoxCast reserves the right, in its sole discretion, to modify or replace any of the provisions set forth in these Terms of Service at any time in its sole discretion. All modifications are effective immediately when posted and apply to all use of the Website thereafter. It is your responsibility to check these Terms of Service periodically for changes. Your continued use of the Website following the posting of any changes to these Terms of Service constitutes acceptance of and agreement to such changes.
You agree that you are solely responsible for your own conduct with respect to the Website and for any consequences thereof. Moreover, you agree to use the Website only for purposes that are legal, proper and in accordance with these Terms of Service and with any other applicable laws, regulations, policies or guidelines. You are prohibited from using the Website for certain activities, including:
The Website may contain interactive features ("Interactive Services") that allow users to post, submit, publish, display or transmit to other parties Content on, from or through the Website (collectively, "User Contributions"). All User Contributions must comply with the Content Standards set forth below. Any User Contribution you post to the Website will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant BoxCast and its affiliates and service providers, and each of their respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose. You represent and warrant that:
Any user who submits a User Contribution on, from, or through the Website maintains full authorship media rights to such Content. Notwithstanding the foregoing sentence, you acknowledge that by using the video distribution service made available by BoxCast via the Website, you grant full media distribution rights to BoxCast and permit BoxCast to distribute the User Contribution through the BoxCast Internet media servers for any purpose (i.e., live and recorded streaming on the Internet, statistical analysis, promotional materials, etc.). If at any time BoxCast needs to delete video archived video Content, BoxCast will give you thirty (30) days’ prior notice thereof. BoxCast shall not be liable to you or to any third party for network disruptions that may prevent the delivery of video via the Website. You understand that network disruptions may affect the ability to reliably record streamed video. You hereby agree to not hold BoxCast responsible for any Amazon Cloud Computing server outages and hereby authorize BoxCast to initiate device upgrades and system diagnostics remotely in an effort to ensure device up-time and broadcast quality.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not BoxCast, have fully responsibility for such Content, including its legality, reliability, accuracy and appropriateness. BoxCast is not responsible or liable to you or to any third party for the Content or accuracy of any User Contributions posted by you or any other user of the Website. You agree that BoxCast has the right to:
Without limiting the foregoing, BoxCast has the right to fully cooperate with any law enforcement authorities or court order requesting or directing it to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS BOXCAST AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
BoxCast may prescreen Content. However, BoxCast cannot review all Content before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, BoxCast assumes no liability for any action or inaction regarding transmissions, communications or Content provided by any user or third party. BoxCast has no liability or responsibility to anyone for performance or nonperformance of the activities described herein.
These Content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
The Website may permit you to link to other websites or resources on the Internet, and such other websites or resources may contain links to the Website. When you access third-party websites or resources, you do so at your own risk. These other websites and resources may not be under BoxCast’s control, and to the extent they are not, you acknowledge that BoxCast is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by BoxCast or any association with its operators. You further acknowledge and agree that BoxCast shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.
BoxCast hereby represents and warrants to you that it has the full right, power and authority to (a) enter into, and fully perform its obligations according to, these Terms of Service, and (b) grant to you the rights and licenses described herein.
You understand that BoxCast cannot and does not guarantee or warrant that files available for downloading from the Internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Website for any reconstruction of any lost data. BOXCAST WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS ACCESSED OR OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS ACCESSED OR OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, SERVICES AND/OR ITEMS ARE PROVIDED BY BOXCAST ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS EXPRESSLY PROVIDED HEREIN, ALL WARRANTIES, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED OR CONTRACTUAL OR STATUTORY, ARE EXPRESSLY DISCLAIMED BY BOXCAST. BOXCAST DOES NOT REPRESENT, WARRANT OR COVENANT THAT (a) THE OPERATION AND/OR USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, (b) THE WEBSITE WILL PERFORM IN EVERY OPERATING ENVIRONMENT, (c) ALL DEFICIENCIES OR ERRORS IN THE WEBSITE ARE CAPABLE OF CORRECTION, OR (d) THE WEBSITE MEETS THE REQUIREMENTS OF ANY PARTY WHATSOEVER. THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARE SPECIFICALLY DISCLAIMED BY BOXCAST.
You represent and warrant to BoxCast that you are of legal age to form a binding contract with BoxCast and you otherwise have the full right, power, authority and capacity to enter into, and to fully perform your obligations according to, these Terms of Service.
You shall indemnify, defend and hold harmless BoxCast, and its members, managers, officers, directors, employees, agents and affiliates from and against any liabilities, costs, fees and/or damages (including attorney fees) that arise out of any claim for damages resulting, directly or indirectly, from any violation of these Terms of Service or from your use of the Website, including without limitation your User Contributions, any use of the Website’s content, services and products other than as expressly authorized in these Terms of Service or your use of any information obtained from the Website.
IN NO EVENT WILL BOXCAST, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS ACCESSED OR OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
EACH PARTY ACKNOWLEDGES THAT THE OTHER PARTY HAS RELIED UPON THE LIMITATIONS ON LIABILITY SET FORTH IN THESE TERMS OF SERVICE AND, BUT FOR THEIR INCLUSION HEREIN, WOULD NOT HAVE ENTERED INTO THESE TERMS OF SERVICE.
Regardless of any statute or law to the contrary, you agree to bring any claim or cause of action arising out of or related to the use of the Website or the Terms of Service within one (1) year after the claim or cause of action arose. The failure to bring a claim or cause of action arising out of or related to the use of the Website or the Terms of Service within one (1) year after the claim or cause of action arose, forever bars the claim or cause of action.
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 limitations set forth above may not apply to you.
You acknowledge that (a) BoxCast will suffer irreparable harm, and that the amount of monetary damages would be extremely difficult or impossible to calculate, if you breach your obligations according to these Terms of Service, (b) if you breach your obligations according to these Terms of Service, BoxCast may seek, and you covenant not to dispute any attempt by BoxCast to seek, injunctive relief without proving actual damages, and (c) remedies sought by BoxCast in accordance with this paragraph shall be in addition to, and without limitation of, any other rights to which BoxCast may be entitled according to these Terms of Service or under the law.
BoxCast, in its sole discretion and at any time, may terminate your use of the Website, for any reason, with or without notice, including if BoxCast believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. BoxCast also may, in its sole discretion and at any time, discontinue providing or modify the Website, or any part thereof, with or without notice to you, for any reason. Immediately upon any such termination, you will have no further right, title or interest in or to the Website or any part thereof. You agree that BoxCast has no liability to you or to any third party for any modification, suspension, or discontinuance of the Website or of your use thereof.
Except as may be expressly set forth in these Terms of Service, you acknowledge and agree that (a) the Website and its contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by BoxCast, its licensors or other providers of such materials, (b) the same are protected by U.S. and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws, and (c) your use of the Website and such contents, features and functionality is subject to the Software License posted on the Website. Except as may be expressly authorized by BoxCast in writing, you agree not to modify, rent, lease, sell, distribute or create derivative works based on the Website or on such content, features or functionality, in whole or in part. BoxCast also owns the exclusive property rights to the compilation of all Content on the Website.
The BoxCast name, marks and logos, product and service names, designs and slogans are trademarks of BoxCast or its affiliates or licensors. All other names, logos, products and service names, designs and slogans on the Website are the trademarks of their respective owners. You may not use such marks without the prior written permission of BoxCast or such other owner(s).