Terms of Service Agreement

Last Updated: December 5, 2019

Description of services. Your relationship with CONFERENCECAST
1. These Terms of Service Agreement (the “Agreement” or “Terms of Service”) are made and entered into between CONFERENCECAST, Inc. (“CONFERENCECAST,” “we,” “us,” “our,” or “Administrator”) and you, our customer (“you” or “your”).
2. Our service allows a user to view online content, including audio, video, and presentation files (PDF, PPT and other formats) (the “Service”).
3. The Service contains video content that is available for viewing free of charge, as well as video content available for viewing only, subject to payment of fees, as is detailed in section 7 of the Terms of Service.
Acceptance
1. By viewing or downloading our video content, or otherwise visiting or using our Services, you accept these Terms of Service, and consent to all of the terms and provisions set forth herein.
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, and consent to the terms thereof.
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.
Generalities
1. These Terms of Service govern the relationship between the Administrator and you, the user of the Service.
2. This Agreement sets out the terms and conditions of your use of the Service.
3. The administrator reserves the right, at its sole discretion, to change and /or amend these Terms of Service at any time, with or without prior notice to you.
4. If you do not agree to abide by the terms of this Agreement, please discontinue any use of the Service, and if you are a registered user, please delete your account.
5. You must be at least 13 years old to use the Service; provided, however, that if you reside in the European Union, you must be at least 16 years old to use the Service, and if you wish to use the Service for a commercial purpose, you must be at least 18 years old. If you are the requisite age, but are still a minor in your jurisdiction, you must have your parent or legal guardian's permission to use the Service.
6. 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.
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 relevant State of Delaware statutes, as well as the provisions of the Digital Millennium Copyright Act (“DMCA”) and 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 Administrator or the legal owner is illegal and may trigger claims of infringement and unfair business practices, seeking civil as well as administrative liability, in accordance with law of the State of Delaware and the United States of America.
2. Except as provided in these Terms of Service, as well as any relevant 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 consent of the Administrator or the legal owner of such intellectual property.
3. Access to the results of intellectual activity posted on the Service is provided by the Administrator to you pursuant to the terms of a non-exclusive, terminable, cancellable, non-transferable, worldwide license, for personal, non-commercial use solely in connection with their use of the Service, without the right to reproduce (including copying/downloading) the results of intellectual activity into the memory of your electronic device(s), as well as without the right to any other use of the results of intellectual activity not explicitly permittec by these Terms of Service, including, without limitation, 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 by these Terms of Service, or by express consent for such use of the legal owner, without the prior written consent of the legal owner, 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 any prior notice to you.
6. Access to the results of intellectual activity (including, without limitation, the video content) posted on the Service is unlimited. You guarant that you will not carry out any actions aimed at bypassing technical means of protection (geographic filtering system of access to viewing video content by user’s ip-addresses), restricting access to any of the video content.
7. As a feature of the Service, the Service provides you with the capability to copy the Embed code of a specific video content on the Service to your personal social media profiles on various social media platforms (including "Twitter, "Instagram", "Facebook", "LinkedIn", etc.) using the Service's proprietary media player.
8. For the purposes of this Agreement, an Embed code means a hyperlink to a specific content, which allows the Service's media player to display such video content on third party Internet sites, in a way so that the storage and dissemination of a copy of the displayed video content is carried out directly from the server equipment of the Administrator, and the placement of such hyperlink on third-party site does not entail the actual placement of a copy of video content on such site or third-party equipment.
9. You may upload a photo for your profile or within a comment only if you have the legal right to upload and share such photo. Copyright owners may send the Administrator a takedown request, as described in our Copyright Policy, if they believe the Service is hosting infringing materials. We will, in appropriate circumstances, terminate the account(s) of person(s) who are determined to have repeatedly infringed.
Rights and obligations of the Administrator
1. The duties of the Administrator are solely to ensure you can access the Service in the manner specified in these Terms of Service.
2. The Administrator reserves the right, in its sole discretion, to change or remove any content or information, published or hosted on the Service, as well as any featurers or functionality 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 for no reason, with or without notice thereof. You acknowledge and agree that the Administrator shall not responsible for any damages or expenses that the Administrator's actions may cause you in terminating your access to the Service.
3. The Administrator has the right to impose any restrictions on your use of the Service, at any time, without any prior notice.
4. The Administrator has the right to send you messages containing organizational, technical or other information, or information about other features or new functionalities of the Service.
5. You have the right to create a single personal account on the Service. If you create more than one account, the Administrator reserves the right to delete the accounts created by you and/or refuse you to continue use of the Service.
6. The Administrator has the right to set age limits for access to video content posted on the Service, which are intended for audiences of a specific age. If you have not attained the specified age, you shall refrain from accessing or viewing such video content. The Administrator shall notify you of the video content's age restrictions when you try to view such age-restricted video content.
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.
8. The Administrator shall not do any of the following:
  - post or publish on the Service any of your, or any third party, personal information (personal data) without your prior consent;
  - post or publish onf the Service any files that contain or may contain viruses or other malware;
  - describe or promote criminal activity on the Service;
  - post or publish on the Service any content or information, which infringes your or any third party's 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 a takedown request from the rights holder to the Administrator, in the manner prescribed by the Administrator.
Your obligations
1. You agree to use the Service only for lawful purposes, comply with the laws of the State of Delaware 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.
7. You must provide accurate, current and complete information about yourself, as requested by the registration forms for 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 Internet browser. You must immediately notify the Administrator of any unauthorized, third-party access to the Service utilizing 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. You are fully responsible for any actions taken by your in connection with the use of your account on the Service, as well as for any consequences that may result from such use.
11. 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.
12. You agree not to attempt to change or modify any part of the Service (including the Service's media player), and not to use the Service, or any of the results of intellectual activity posted on the Service, for commercial purposes;
13. 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.
14. In using the Service, 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.
15. 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 Terms of Service, you have the right not to discontinue using the Service, and/or deleting your account.
16. 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.
Rules of access to paid video content on the Service
1. As part of the Service, the Administrator gives you the ability to access paid video content, for a fee. Paid video content is marked on the Service with icons that detail information about the cost of viewing the particular 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 Service is available to you, 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 for such video content, and/or add to the Service any video content without your notice. Except as otherwise set forth in these Terms of Service, all sales of video content are final, and there shall be no refunds.
3. The Administrator has the right to block your access to any video content, including any previously purchased video content, in case your breach any of the terms of these Terms of Service.
Terms of subscription to materials on the Service
1. As part of the functionality of the Service, the Administrator provides access to certain content published on the Service (the "Content") for a subscription fee. Such subscription gives you access to the Content for a specific period of time (1, 3, 6 or 12 months).
2. What vidoes are included in the Content is determined by the Administrator, in its sole discretion.
3. The Content is constantly updated. The Administrator has the right to exclude, or include, any video content on the Service from the Content, in its sole discretion.
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, the Administrator shall provide you with notice regarding the automatic renewal of the subscription for the Content. You can cancel automatic renewal at any point.
5. The Administrator has the right to block your access to any video content, including any previously purchased video content, in case your breach any of the terms of these Terms of Service.
Payment terms
1. You can pay for the Service solely through third party e-commerce systems integrated with the Service.
2. All available payment methods are shown on the payment page for the selected video content, after your registration for the Service.
3. Access to viewing paid video content posted on the Service within the framework of the Service is provided to you only after payment for the Service and receipt by the Administrator of the corresponding confirmation of payment. Unless otherwise provided by these Terms of Service, to purchase video content on the Service, you must be logged into your account, select the appropriate content, as well as valid method of payment, and then make the payment in accordance with the instructions provided on the Service.
4. The parties acknowledge and agree that the Administrator shall not be liable to you in case of non-receipt of payment for reasons beyond the control of the Administrator.
5. The parties also acknowledge and agree that the Administrator is not obliged to provide the Service by showing the requested video content to you until confirmation of the receipt of payment for such video content by the Administrator.
6. Access to video content within the Service is provided subject to the technical requirements of the Service, and for a limited number of your digital devices (personal computer, laptop, etc.), as detailed on the Service page, which contains video content available for viewing within the Service.
7. The cost of Service, its content, terms and procedure of payment (including the amount of video content available within the Service for viewing by subscription) may be unilaterally changed by the Administrator without any prior notice to you.
8. By paying for the Service, you unconditionally agree that the devices from which you plan to view the video content fully comply with the technical requirements of the Service, and that you agres to perform all actions necessary to access the Service specified by the Administrator and these Terms of Service.
9. Any and all issues relating to your technical ability to access the Service, including purchase and adjustment of the relevant equipment and software products, are your sole responsibility, and you shall indemnify and hold the Administrator harmless from any and all consequences of such issues.
10. If the Service has been paid for, but not has not been provided 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, sent by mail to the postal address of the Administrator specified on the Service, shall issue you a refund. To request a refund, you must preserve the communications sent by the Administrator and confirming the receipt of payment until the end of use of the Service.
11. You acknowledge and agree that the Service is deemed to be rendered at the time of payment.
12. You acknowledge and agree that the Service cannot be accessed by devices that use unlicensed, unofficial, hacked software applications, operating systems, or other technical means to access the Service.
13. In case of termination of Service due to non-compliance with the terms of this Agreement, the Administrator shall not refund any fees paid prior to termination.
14. You confirm and agree that the Service may be unavailable (not provided) in case your device and/or the network from which you access the Service dynamically changes http-headers of requests to the Service and/or your IP-address.
15. If you have purchased Service using a promotional code, the Administrator may set a different price than that specified on the Service. Promo code must be entered in a special window when paying for the Service.
16. You have the right to cancel the Service at any time, subject to payment to the Administrator of any fees and costs actually incurred in connection with the use of the Service. The Adminnistrator shall issue refunds only to the account or payment system from which the payment was made. Refund shall be made within ten (10) days from the date of receipt by the Administrator of all documents substantiating the refund: your written statement confirming registration for the Service, with your registration data, i.e. name and surname, and e-mail address provided; a copy of the letter with e-check purchase; and, a copy of the letter from the Service confirming the purchase.
Disclaimers
1. CONFERENCECAST PROVIDES THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU USE THE SERVICE 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 ANY AND 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 the Service, 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 the Service 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.
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.
General Provisions
1. Choice of Law: This Agreement will be governed by the laws of Delaware 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 Sussex County, State of Delaware, 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