CONFERENCECAST Terms of Service Agreement

Last Updated: 1st of May, 2019

  1. Description of services. Your relationship with CONFERENCECAST
    1. This "CONFERENCECAST" Terms of Service Agreement (the “Agreement” or “Terms of Service”) is made between CONFERENCECAST, Inc. (“CONFERENCECAST,” “we,” “us,” or “our”) and you, our customer (“you” or “your”).
    2. The service allows people of the global Internet in real time, through the Internet and various electronic devices to view online content, including: audio, videos, presentation files (PDF, PPT and other formats).
    3. The service contains video content that is available for viewing without charging you and with the support of the process of demonstration of video content advertising or without it, as well as video content available for your viewing only for the fees using a valid payment method , which is detailed in section 7 of the Agreement.
  2. Acceptance
    1. By viewing videos, making a purchase, downloading our video content, or otherwise visiting or using our Services, you accept this Agreement and consent to contract with us electronically.
    2. If you are an entity other than a natural person, the person who registers the account or otherwise uses our Services must have the authority to bind the entity. In this context, “you” means both the entity and each person who is authorized to access the account.
    3. We may update this Agreement by posting a revised version on our website. By continuing to use our Services, you accept any revised Agreement.
    4. This Agreement includes our Privacy Policy and the addenda listed in Section 13 below. Please review our Privacy Policy to learn about the information we collect from you, how we use it, and with whom we share it.
    5. Your use of the Service, any of its services, functionality means unconditional agreement on your part with all points of this Agreement and unconditional acceptance of its terms with obligations to comply with the obligations imposed on you under this Agreement. The fact that the User uses the Service, any of its services, functionality, as well as registration on the Service (creating an account) is a complete and unconditional acceptance of this Agreement, ignorance of which does not release you from liability for non-compliance with its terms.
  3. Generalities
    1. The subject of this User agreement (hereinafter — the Agreement) is the relationship between the Incorporated company "CONFERENCECAST" - the administrator and the rightholder of the Service (hereinafter – the Administrator, the site Administration), provided on ConferenceCast.tv and/or through our white label solutions on different websites (e.g. of a conference or of a partner), and you about the use of the Service and posted on it the results of intellectual property, as well as other services of the Service.
    2. This Agreement sets out the terms and conditions of your use of the Service, which, after registration or without, by using the Service and its services, become users Of the Service and services provided by the Administrator.
    3. Your use of the Service, any of its services, functionality means unconditional agreement on your part with all points of this Agreement and unconditional acceptance of its terms with obligations to comply with the obligations imposed on you under this Agreement. The fact that the User uses the Service, any of its services, functionality, as well as registration on the Service (creating an account) is a complete and unconditional acceptance of this Agreement, ignorance of which does not release you from liability for non-compliance with its terms.
    4. Your continued use of the Service after any changes to the Agreement constitutes your acceptance of such changes and/or additions.
    5. You undertake to regularly, at least 1 (one) time in 14 (fourteen) days, familiarize yourself with the contents of this Agreement, in order to timely familiarize yourself with its changes.
    6. The administrator reserves the right, at its sole discretion, to change and /or amend the Agreement at any time without prior and /or subsequent notice to you . In case of significant changes you will be notified by email.
    7. If you (the User) do not agree to abide by this Agreement, do not use the Service, and if you are a registered User, delete your account and/or stop using the Service.
    8. Age Requirements: You must be at least 13 years old to create an account. If you reside in the European Union, you must be at least 16 years old. If you wish to use the Services for a commercial purpose, you must be at least 18 years old. If you are at least the requisite age, but are still a minor in your jurisdiction, you must have your parent or legal guardian's permission. Please have that person read this Agreement with you and consent to it before proceeding.
    9. Parents and Guardians: By granting your child permission, you agree to the terms of this Agreement on behalf of your child. You are responsible for monitoring and supervising your child's usage. If your child is either under the applicable age or does not have your permission, please contact us immediately so that we can disable access.
  4. Intellectual Property
    1. All the results of intellectual activity used and posted on the Service, as well as the Service itself, are the intellectual property of their legal owners and are protected by the legislation on intellectual property in accordance with the Digital Millennium Copyright Act (“DMCA”) as well as relevant international legal conventions. Any use of the results of intellectual activity posted on the Service (including elements of visual design of the Service, symbols, texts, graphic images, illustrations, photos, videos, programs, music, and other objects) without the permission of the Service administrator or the legal owner is illegal and may serve as a reason for legal proceedings and bringing violators to civil, administrative and criminal liability in accordance with law of f New York State and the United States of America.
    2. Except as provided in the Agreement, as well as applicable law, no result of intellectual activity posted on the Service may be copied (reproduced), processed, distributed, displayed in the frame, published, downloaded, transferred, sold or otherwise used in whole or in part, without the prior permission of the service Administrator or the legal owner, except when the right holder has explicitly expressed his consent to the free use of the material by any person.
    3. Access to the results of intellectual activity posted on the Service is provided by the Administrator to you of a non-exclusive license, worldwide, and royalty-free for personal non-commercial use for the purpose of familiarization with them exclusively through the Service, without the right to reproduce (including copying/downloading) the specified results of intellectual activity into the memory of users' electronic devices, as well as without the right to other use of the specified results of intellectual activity not specified in this Agreement, including their sale, modification, distribution in whole or in parts, etc.
    4. Any use of the Service or the results of intellectual activity posted on it, except as permitted in the Agreement, or in the case of Express consent of the author (copyright holder) for such use, without the prior written permission of the copyright holder, is strictly prohibited.
    5. The administrator reserves the right at any time to remove from the Service any results of intellectual activity posted on it, without notice to the User.
    6. Access to the results of intellectual activity (video content) posted on the Service for Users is not limited. The user guarantees that he will not carry out any actions aimed at bypassing technical means of protection (geographic filtering system of access to viewing video content by users' ip-addresses), restricting access to the specified video content.
    7. With regard to a certain part of the video content posted on the Service, the Administrator provides the User with the opportunity to copy the Embed code of a specific unit of video content to the user's personal pages in various social networks (including "Twitter, "Instagram", "Facebook", "LinkedIn", etc.) using the service's media player.
    8. For the purposes of this Agreement, an Embed code means a hyperlink to a specific instance of video content that allows displaying the media player of the Service with such an instance of video content (with the possibility of viewing it in the media player of the Service) on other Internet sites, except for the Service, in such a way that the storage and dissemination of such a copy of video content is carried out directly from the server equipment of the Administrator, and the placement of such hyperlink on third-party sites does not entail the actual placement of a copy of video content on such site or third-party equipment.
    9. You may only upload a photo itself in profile and a picture to the comment that you have the right to upload and share. Copyright owners may send CONFERENCECAST a takedown notice as stated in our Copyright Policy if they believe CONFERENCECAST is hosting infringing materials. We will, in appropriate circumstances, terminate the accounts of persons who repeatedly infringe.
  5. Rights and obligations of the Administrator
    1. The duties of the Administrator are solely to ensure the provision of technical opportunities for you to access the Service in the manner specified in this Agreement.
    2. The Administrator reserves the right, in its sole discretion to change or remove any published information on the Service and the content and any elements and parts of the Service, to suspend, restrict or terminate your access to all or any part of the Service at any time for any reason or no reason, with or without notice thereof (at the discretion of the Administrator). The Parties agree that the Administrator is not responsible for any damage that may be caused to you by such actions;
    3. The administrator has the right to impose any restrictions on the use of the Service, at any time to change this Agreement unilaterally, without your consent;
    4. The administrator has the right to send you messages containing organizational, technical or other information about the possibilities of the Service;
    5. The administrator has the right to give you the opportunity to create a single personal account (profile). If you create more than one account, the Administrator reserves the right to delete the accounts created by you and/or refuse to use The Service.
    6. The administrator has the right to set age limits for access to video content posted on the Service, intended for audiences of a certain age, it means that persons who have not attained the specified age by the Administrator, agree to refrain from accessing or viewing such video content, the Administrator may notify you by indicating on the Service marks information products or through information messages when you try to browse video content, intended for audiences of a certain age.
    7. The administrator has the right to place advertising and/or other information in any section of the Service, to interrupt the demonstration of video content with advertising information, to which you give your consent in this Agreement.
    8. The administrator is obliged not to perform the following actions:
      - to post on the Service home addresses, phone numbers, email addresses, and other personal information (personal data) about you or any third parties without their personal consent to such actions;
      - to post any files that contain or may contain viruses or other malware;
      - to describe or promote criminal activity, place instructions or guidance on committing criminal acts;
      - to post any information on the Service, violating your exclusive rights or third parties' intellectual property rights;
    9. The administrator does not pre-moderate or censor your comments and takes action to protect the rights and interests of persons and ensure compliance with the DMCA rules only after the request of the interested person to the Administrator in the manner prescribed by the Administrator.
  6. Your obligations
    1. You agree to use the Service only for lawful purposes, comply with the laws of the State of New York and any applicable federal law, as well as the rights and legitimate interests of the Administrator and copyright holders, whose video content is posted on the Service.
    2. You must not use the Service to register more than one account for the same person.
    3. You must refrain from actions aimed at destabilizing the operation of the Service, attempts of unauthorized access to the Service, the results of intellectual activity posted on it, as well as from any other actions that violate the rights of the Administrator and/or third parties
    4. You agree not to send through the Service materials that are advertising any goods or services without the prior written consent of the Administrator. You agree not to use the Service to advertise or otherwise promote any products or services.
    5. You may not reproduce, repeat, copy, sell, resell, or use in any way for any commercial purposes the Service and /or any part of the content of the Service without the consent of the Administrator, or authorized copyright holders of the results of intellectual activity posted on the Service.
    6. You have the right to stop using the Service and cancel the account created by it by sending the Administrator an e-mail address support@conferencecast.tv from your e-mail address specified during registration, request to delete the account from the Service. The administrator will delete your account within 30 (thirty) days after receipt of the request corresponding to the conditions described above.
    7. You must provide accurate, current and complete information about yourself, which may be requested by the registration forms of the Service (hereinafter - Personal information), when registering (creating an account).
    8. You are required to take appropriate measures to ensure the security of your account (including e-mail addresses) and password and are responsible for all actions taken on the Service under its account (login and password). In connection with this, you are required to log out of your account (end each session by clicking the "Exit" button) before going to third-party sites or closing the browser (Internet browser). You must immediately notify the Administrator of any access to the Service by third parties under your account. You have no right to transfer, assign, sell, transfer to use, etc. account on the Service to third parties without the consent of the Administrator.
    9. You are required to periodically update the Personal information and other information that you provided at registration to ensure that it is accurate, current and complete.
    10. The user is fully responsible for any actions taken by him / her with the use of his / her account, as well as for any consequences that may have resulted from such use.
    11. You are obliged to use the information received on the Service only for legal and personal purposes, not contrary to moral principles and generally recognized values;
    12. You agree not to attempt to disable or otherwise interfere with any technical means of protecting the Service or the results of intellectual activity posted on it that prevent or restrict the use or copying of any information or results of intellectual activity posted on the Service.
    13. You agree not to attempt to change or modify any part of the Service (including the media player of the Service in which the video content is displayed), and not to use the Service, the results of intellectual activity posted on it for commercial purposes;
    14. You are responsible for your own actions in connection with the creation and posting of comments on the Service, as well as in connection with the placement of information on the personal pages of the Service in accordance with the laws of the State of New York and any applicable federal law
    15. When using the Service, you may not submit any content that:
      • Infringes any third party’s copyrights or other rights (e.g., trademark, privacy rights, etc.);
      • Is sexually explicit (e.g., pornography) or proposes a transaction of a sexual nature;
      • Is hateful, defamatory, or discriminatory or incites hatred against any individual or group;
      • Promotes or supports terror or hate groups;
      • Exploits minors;
      • Depicts unlawful acts or extreme violence;
      • Provides instructions on how to assemble explosive/incendiary devices or homemade/improvised firearms;
      • Depicts animal cruelty or extreme violence towards animals;
      • Promotes fraudulent or dubious business schemes or proposes an unlawful transaction; or
      • Violates any applicable law.
    16. In using our Services, you may not:
      • Use an offensive screen name (e.g., explicit language) or avatar (e.g., containing nudity);
      • Act in a deceptive manner or impersonate any person or organization;
      • Harass or stalk any person;
      • Harm or exploit minors;
      • Distribute “spam” in any form or use misleading metadata;
      • Collect personal information about others;
      • Access another’s account without permission;
      • Engage in any unlawful activity;
      • Cause or encourage others to do any of the above.
    17. By using the service, you give your consent to the administrator to receive advertising information posted on the service. In case of your disagreement with this provision of the agreement, you have the right not to use the service, or to refuse to use it completely.
    18. You may not create an account if you are a member of a terror or hate group. You may not purchase any goods or services from us if you reside in a country subject to a comprehensive U.S. sanctions program or are a Specifically Designated National (SDN) as designated by the U.S. Department of the Treasury.
  7. Rules of access to paid video content on the Service
    1. 7.1 As part of the Service, the Administrator gives you, who created an account (registered and Authorized) on the Service, the ability to access video content for a fee. Paid video content is marked on the Service with icons that reflect information about the cost of the service for viewing this unit of video content.
    2. When paying a fee for the service, you confirm that you fully understand and accept the terms of this Agreement, and understand and agree that the services are available to him, and that the Administrator reserves the right at any time to remove from the service any video content without your notice, including in connection with the expiration of the license agreements of the Administrator with the copyright holders of the rights to video content and/or add to the Service any video content without your notice. Prior to payment for services, you agree to pre-read the list of units of video content within the purchased Services. Your payment for the services of the Service means that you are familiar with the list of units of video content within the purchased Services and it fully satisfies the content of this list.
    3. The administrator has the right to block your access to the Service and/or account and/or Services (including paid) in case of violation of the terms of this Agreement or if the Administrator considers your actions fraudulent or aimed at damage to the service, DOS attacks, undermining the reputation of the service or brand, etc. The fees paid by you for the Services are non-refundable in this case, and your account will be blocked.
  8. Terms of subscription to materials on the Service
    1. As part of the Service, the Administrator gives you, who have created an account (registered and Authorized) on the Service, the opportunity to access the subscription to the collection of materials, for a fee (Subscription to materials). Subscription to materials gives the User access to the collection of materials for a certain time (1, 3, 6 or 12 months).
    2. The collection of materials determined by the Administrator and you have the opportunity to see the collection of materials to the Subscription.
    3. The collection is constantly updated. The Administrator has the right to exclude some materials from the collection, the exception can be both temporary and permanent.
    4. The subscription period you choose yourself (1, 3, 6 or 12 months). After the subscription period expires, it is automatically renewed for the same period. Before the expiration of the subscription materials, the Administrator submits a warning about the automatic extension of the Subscription period for the materials. You can turn off renewal at any time.
    5. When you pay for a Subscription to the materials, you acknowledge that you are fully aware of, understand and accept the terms of this Agreement, and understand and agree that the services are available to you. Prior to payment for the Service, you agree to familiarize yourself with the composition of the collection of materials within the purchased Services. Your payment for The services of the Service means that you are familiar with the composition of the collection of materials within the framework of the purchased Services and it fully satisfies the content of this list.
    6. The administrator has the right to block your access to the Service and/or account and/or Services (including paid) in case of violation of the terms of this Agreement or if the Administrator considers your actions fraudulent or aimed at damage to the service, undermining the reputation of the service or brand, DOS attacks, etc.The fees paid by the User for the Services are not refundable in this case, and the user's account will be blocked.
  9. Payment terms
    1. You can pay as a registered User on the Service in the following ways:
      - through third party e-commerce systems integrated with the Service;
    2. All payment methods are shown after registration on the Service on the payment page of the selected video content.
    3. Access to viewing paid video content posted on the Service within the framework of the Services is provided to you only after payment for the Services and receipt by the Administrator of the corresponding confirmation of payment. Unless otherwise provided by the Agreement, to purchase The Service, you must log in (authorize), select the appropriate Service and method of payment, make payment according to the further instructions provided on the Service.
    4. Authorization in the context of this Agreement is understood as activation of your account by entering your login and password in a special form of the service interface provided to the User when registering for the Service or using social networks (Facebook, Instagram, Twitter, etc.).
    5. The parties acknowledge and agree that the Administrator shall not be liable to you in case of non-receipt of payment to your account for reasons beyond the control of the Administrator, including, but not limited to: software failures or equipment failure of banks, Telecom operators, payment systems and other payment intermediaries, which provide the reception of your payments for Services and their transfer to the Administrator.
    6. The parties also acknowledge and agree that the Administrator is not obliged to provide services to you until the receipt of payments for the Service to the account of the Administrator.
    7. Access to video content within the Services is provided in accordance with the technical requirements of the Services specified in sections 8 and 9 of the Agreement, and with a limited number of your technical devices (personal computer, laptop, etc.) at the same time, as detailed on the service page, which contains video content available for viewing within the Service.
    8. The cost of Services, their content, terms and procedure of payment (including the amount of video content available within the Service Viewing by Subscription) may be unilaterally changed by the Administrator without special notice to you.
    9. By paying for the Service, you unconditionally agree that the devices from which it plans to view the video Content, fully comply with the technical requirements specified in Sections 8,9 of the Agreement, and that it agrees to perform all actions necessary to access the Services specified by the Administrator in this Agreement.
    10. All issues of acquisition of access rights to the Internet, purchase and adjustment of the relevant equipment and software products are solved by you in detail, are not subject to this Agreement, and the Administrator is not responsible for these actions of the User or third parties.
    11. If the Services have been paid for after registration, but not provided through the fault of the Administrator within 15 (fifteen) calendar days from the date of payment due to the failure of the Service, the Administrator on the basis of your written application after passing the registration procedure, sent by mail to the postal address of the Administrator specified on the Service, To request a refund, you must keep the letters sent by e-mail by the Administrator and the Bank confirming the fact of payment until the end of use of the Service. Return of erroneous payments is carried out in accordance with Section 9.12 of the Agreement.
    12. You acknowledge and agree that the Services are deemed to be rendered at the time of payment.
    13. You acknowledge and agree that the services specified in this section of the agreement are not available (are not provided) from devices that use unlicensed, unofficial, hacked software applications, operating systems, or other technical means to access the service.
    14. In case of non-compliance with this Agreement, the money for the paid services will not be returned to you; the administrator is not responsible for the user's failure to comply with this Agreement or not timely familiarization with it.
    15. Confirm and agree that the Services specified in this section of the agreement may be unavailable (not provided) in case of operation on your device and/or in the network from which you access the software Service, dynamically changing http-headers of requests to the Service and/or Your IP-address.
    16. If you have purchased Services using a promotional code, the Administrator may set a different price than that specified on the Service. At the same time, the promo code means a unique combination of letters and/or numbers applied to the goods of the Administrator's partners, or specified by the Administrator and the Organizer in various printed and electronic publications, etc., and is an integral part of any promotional campaign of the Organizer. Promo code must be entered in a special service window when paying For Administrator services. You acknowledge that ordering Services using a promotional code at a lower cost is not a benefit granted to these Users.
    17. You have the right to cancel the Services at any time, subject to payment to the Administrator actually incurred costs associated with the provision of Services. Refunds are made only to the account or payment system from which the payment was made. Refund is carried out within ten days from the date of receipt by the Administrator of all documents: your written statement confirming the fact of registration sent by mail to the postal address of the Administrator, with your specified registration data: name and surname, e-mail address specified in his account, a copy of the letter with e-check purchase, a copy of the letter from the Service confirming the acquisition of access.
  10. Disclaimers
    1. CONFERENCECAST PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU USE THE SERVICES AT YOUR OWN RISK. You must provide your own device and Internet access.
    2. EXCEPT AS EXPRESSLY SET FORTH HEREIN, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, CONFERENCECAST DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Among other things, CONFERENCECAST makes no representations or warranties:
      • That our Services, or any part thereof, will be available or permitted in your jurisdiction, uninterrupted or error-free, or accessible from all devices or browsers;
      • Concerning any content submitted by our users;
      • That any geo-filtering or digital rights management solution that we might offer will be effective;
      • That our Services will meet your business or professional needs;
      • That we will continue to support any particular feature or maintain backwards compatibility with any third-party software or device; or
      • Concerning any third-party websites and resources.
  11. Limitation of Liability
    1. TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) CONFERENCECAST SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF BUSINESS, PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES; AND (B) CONFERENCECAST'S TOTAL LIABILITY TO YOU, EXCEPT FOR CONFERENCECAST’S CONTRACTUAL PAYMENT OBLIGATIONS HEREUNDER (IF ANY), SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO CONFERENCECAST OVER THE TWELVE (12) MONTHS PRECEDING YOUR CLAIM(S) OR ONE HUNDRED DOLLARS (USD $100), WHICHEVER IS GREATER.
  12. General Provisions
    1. Choice of Law: This Agreement will be governed by the laws of New York State and the United States of America (with respect to matters subject to federal jurisdiction such as copyright), without regard to principles of conflicts of law.
    2. Choice of Venue; Jury Trial Waiver: Any action relating to this Agreement or your use of our Services must be commenced in the state or federal courts located in New York County, New York State, United States of America; you consent to the exclusive jurisdiction of those courts. IN ANY SUCH ACTION, CONFERENCECAST AND YOU IRREVOCABLY WAIVE ANY RIGHT TO A TRIAL BY JURY.
    3. Reservation of Rights, Severability, Force Majeure: CONFERENCECAST reserves all rights not expressly granted herein. CONFERENCECAST’s rights and remedies are cumulative. No failure or delay by CONFERENCECAST in exercising any right will waive any further exercise of that right. If any term of this Agreement is found invalid or unenforceable by a court of competent jurisdiction, that term will be limited or severed. CONFERENCECAST will not be liable for any delay or failure caused by a force majeure event.
    4. Relationship: You and CONFERENCECAST are independent contractors of one another; neither party is an agent, partner, or joint venturer of the other. This Agreement binds the parties and their successors, personal representatives, and assigns. You may not assign this Agreement to any person whose account has been terminated by CONFERENCECAST or who is prohibited from registering; any such assignment will be void.
    5. Third Parties: We may provide links to and integrations with websites operated by others. The website operator, not CONFERENCECAST, is solely responsible for the content thereof, and your use of each such website will be subject to its terms of service. We may disable integrations with any third party at any time, with or without notice. Except as expressly stated herein, nothing in this Agreement confers any right on any third party.
    6. Entire Agreement: This Agreement constitutes the entire understanding of the parties and supersedes all prior understandings regarding the subject matter hereof and may not be modified except in accordance with Section 2 or in a document executed by authorized representatives of CONFERENCECAST. If you have a signed agreement with CONFERENCECAST, any conflicting term of that agreement will prevail over the terms hereof, but only as to the subject matter of that agreement.

      Addenda: This Agreement incorporates the following documents (and no others) by reference:
      Privacy Policy;
      Copyright Policy;

      Notices: You must send any notices of a legal nature to us by email or at:
      CONFERENCECAST, Inc.
      c/o Doodle Studios
      446 W 14th St, Floor 2
      New York, NY 10014
      support@conferencecast.tv