Terms of Service
BoxCast.com is a service of BoxCast, Inc.
1. ACCEPTANCE OF TERMS:
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.
2. Modification of terms of service:
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.
3. Website Access; privacy:
4. code of user conduct:
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:
- Using the Website for any illegal, infringing, or any other unauthorized purpose;
- Restricting or inhibiting any other user from using and enjoying the Website;
- Using the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website;
- Removing any copyright, trademark or other proprietary rights notices contained in or on the Website;
- Interfering with or disrupting the Website or servers or networks connected to the Website, or disobeying any requirements, procedures, policies or regulations of networks connected to the Website;
- Introducing any viruses, worms, defects, Trojan horses, or other malicious or technologically harmful items;
- Creating an account to do competitive analysis of BoxCast while using the Website;
- Attempting to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website;
- Attacking the Website via a denial-of-service attack or a distributed denial-of-service attack; or
- Otherwise attempting to interfere with the proper working of the Website.
5. user contributions:
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:
- You own or control all rights in and to the User Contributions, including without limitation, all intellectual property and privacy rights, and have the right to grant the rights and licenses granted herein to BoxCast and its affiliates and service providers, and each of their and its respective licensees, successors and assigns; and
- All of your User Contributions do and will comply with these Terms of Service.
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:
- Remove or refuse to post any User Contributions for any or no reason, in its sole discretion;
- Take any action with respect to any User Contribution that BoxCast deems necessary or appropriate in its sole discretion, including if BoxCast believes that such User Contribution violates the Terms of Service, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public or could create liability for BoxCast;
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy;
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website; and
- Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Service.
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.
6. content standards:
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:
- Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable;
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- Exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate Content, asking for personally identifiable information or otherwise;
- Violating the terms of the CAN-SPAM Act of 2003 that is intended to combat unwanted email, or SPAM, specifically communications whose primary purpose is advertising or promoting a commercial product or service, including Content on a website;
- Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person;
- Be likely to deceive any person;
- Promote any illegal activity, or advocate, promote or assist any unlawful act;
- Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person;
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization;
- Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising; or
- Give the impression that they emanate from or are endorsed by BoxCast or any other person or entity, if this is not the case.
7. Copyright Policy
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights ("Infringement") of any person or entity.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to email@example.com, with the subject line: "Copyright Infringement" and include in your claim a detailed description of the alleged Infringement as detailed below, under "DMCA Notice and Procedure for Copyright Infringement Claims"
You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Service on your copyright.
DMCA Notice and Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest;
- a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
- identification of the URL or other specific location on the Service where the material that you claim is infringing is located;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
You can contact our Copyright Agent at:
2401 West Superior Viaduct
Cleveland, OH 44113
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.
9. warranties; disclaimers:
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, fines, 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.
11. LIMITATION OF liability
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.
12. equitable relief:
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.
13. termination or modification of website:
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.
14. boxcast's proprietary rights:
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).
16. patent notice:
Patents owned by BoxCast can be found at boxcast.com/patents
You may not use any of BoxCast's patented technology without the prior written permission of BoxCast.
- Electronic Notices. You consent to receive from BoxCast all communications including notices, agreements, legally required disclosures or other information in connection with the Website (collectively, "Notices") electronically. BoxCast may provide such Notices by posting them on the Website or at the email address you provided to BoxCast. If you desire to withdraw your consent to receive Notices electronically, you must discontinue your use of the Website.
- Assignment. You may not assign these Terms of Service, in whole or in part, by operation of law or otherwise, without BoxCast’s prior written consent. Any attempt to do so shall be deemed null and void and of no legal force or effect. These Terms of Service shall be binding upon and shall inure to the benefit of the parties’ successors and permitted assigns.
- Governing Law; Jurisdiction; Venue. These Terms of Service will be governed by and construed and interpreted in accordance with the laws of the State of Ohio, without reference to principles of conflict of laws. The exclusive jurisdiction and venue of any action related to these Terms of Service will be the state and federal courts located in the Northern District of Ohio and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
- No Agency Relationship. Neither these Terms of Service nor any provision contained herein may be construed as creating or constituting a partnership, joint venture or agency relationship between you and BoxCast. For the avoidance of doubt, neither party has the power or authority to, and neither party may, assume or create any obligation or responsibility on behalf of the other.
- Waiver. Any provision of these Terms of Service may be waived, terminated or discharged with BoxCast’s express consent at any time and in its sole discretion. The failure of BoxCast to insist upon the performance of any of the terms or conditions contained in these Terms of Service and/or to exercise any right hereunder, may not be construed as a waiver or relinquishment of the future performance of any such term or condition or the future exercise of such rights.
- Severability. If any provision of these Terms of Service is held to be unenforceable, the parties shall renegotiate each such provision in good faith in order to maintain the economic position enjoyed by each party prior to such holding with respect to each such provision rendered unenforceable. If the parties cannot agree upon an enforceable replacement for such provision, then (a) such provision shall be excluded from these Terms of Service, (b) the balance of these Terms of Service shall be interpreted as if such provision were so excluded and (c) thereafter, these Terms of Service shall be enforceable in accordance with its terms.
- Force Majeure. Neither party may be held liable for its failure to perform hereunder, or for any loss or damage, due to causes beyond its reasonable control, including without limitation governmental requirements, inability to obtain required export licenses, work stoppages, fire, civil disobedience, embargo, war, terrorism, riots, rebellions, earthquakes, strikes, floods, water and the elements, inability to secure equipment, raw materials or transport or similar occurrences.
- Interpretation. Unless the context clearly requires otherwise, in these Terms of Service (a) the singular shall be deemed to include the plural and vice versa, (b) reference to any agreement, document or instrument shall be deemed to refer to such agreement, document or instrument as may be amended or modified and in effect from time to time, (c) “hereunder”, “hereof”, “hereto” and words similar thereto shall be deemed references to these Terms of Service as a whole and not to any particular provision hereof, (d) the words “include” and “including” shall be deemed to mean “without limitation” and shall be interpreted not to limit the generality of any description preceding such term, and (e) with respect to the determination of any period of time, “from” means “from and including” and “to” means “to but excluding.”