Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the https://squadcast.fm/ website and/or the SquadCast mobile application (together, or individually, the “Service”) operated by SquadCast, Inc. (“us”, “we”, or “our”).
- Agreement. Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. Each use by you shall constitute and be deemed your unconditional acceptance of the Terms If you do not agree to these Terms, you should not use the Service. These Terms may be modified at any time by SquadCast, Inc. upon posting of the modified Terms. Any such modifications shall be effective immediately. You can view the most recent version of these Terms at any time at www.squadcast.fm. Each use by you shall constitute and be deemed your unconditional acceptance of all Terms and Conditions.
These Terms apply to all visitors, users, guests, third-parties and others who wish to access and/or use the Service, either directly or indirectly through the use of your account and password.
- Communications. By creating an account on our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we may send.
- Purchases. If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
- Availability, Errors and Inaccuracies. We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service. We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
- Data Collection. User acknowledges and agrees that the Services provided include the recording of data collected from the user’s device, which data may include, without limitation, audio, video, metadata, equipment, computer, and other user information. By using and or accessing the Services, user expressly consents to the recording of any and all audio and video data collected from the user’s device from the time the user accepts the “Studio” function associated with the Services. User further acknowledges and agrees that the Services capture voluntary and involuntary video and audio recordings while using the Studio function associated with the Services. In that regard, User agrees to inform and obtain the consent of any party whose data may be captured through the account and password while using the Services. You agree to defend, indemnify and hold harmless SquadCast, Inc. and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of your use and access to the Services, including any claims made by third parties arising from your use and access to the Services.
- Subscriptions. Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or SquadCast, Inc. cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting SquadCast, Inc. customer support team.
A valid payment method, including credit card or PayPal, is required to process the payment for your Subscription. You shall provide SquadCast, Inc. with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize SquadCast, Inc. to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, SquadCast, Inc. will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
- Free Trial. SquadCast, Inc. may, at its sole discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial”). You may be required to enter your billing information in order to sign up for the Free Trial. If you do enter your billing information when signing up for the Free Trial, you will not be charged by SquadCast, Inc. until the Free Trial has expired. On the last day of the Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected. At any time and without notice, SquadCast, Inc. reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
- Fee Changes. SquadCast, Inc., in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle. SquadCast, Inc. will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
- Refunds. Certain refund requests for Subscriptions may be considered by SquadCast, Inc. on a case-by-case basis and granted in sole discretion of SquadCast, Inc.
- Content. Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness. SquadCast, Inc shall have no liability of any kind with respect to any Content posted by you or other users of the Service. You agree that you must assess and bear all risks associated with your use of any Content.
You are solely responsible for your own communications and Content including any data, images, graphics, text, audio, video, email, links, and/or screen names you post to the site. You agree to use the Service to post and receive communications and Content that are legal and proper.
- You must not abuse, defame, harass, stalk, threaten, intimidate, or otherwise violate the legal rights of others.
- You must not violate the privacy or publicity rights of others.
- You must not upload, post or link to any material that is inappropriate, defamatory, infringing, obscene, vulgar, libelous, racially or ethnically hateful, objectionable, or unlawful (or promote or provide instructional information about illegal activities or communications that could reasonably cause damage, loss, harm, or injury to any individual or group).
- You must not post, upload or link to (a) anything that promotes or distributes pyramid schemes or chain letters, or (b) other disruptive, illegal or immoral communications of any kind.
- You must not post, upload or link to anything that could potentially exploit or harm children by exposing them to inappropriate Content, asking for personally identifiable details or information, or otherwise exposing them to materials or information which in any way could cause damage, injury, or harm of any kind.
- You must abide by all applicable Federal, State and local laws. If you are outside the United States, you must comply with all local laws as well with respect to your online conduct and acceptable Content including without limitation the exportation of data to the United States or to your country or residence.
By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third-party posts on or through the Service.
User acknowledges and agrees that SquadCast, Inc. relies on third-party service providers to provide Services and capture Content. Accordingly, SquadCast, Inc. makes no representation or warranty whatsoever as to the quality of the Services provided or the Content that is captured through the use of the Services, including, but not limited to, sound and video quality. User shall be solely responsible for the quality of the Content that is captured through the Services, and SquadCast, Inc. shall have no responsibility to edit or modify Content connected to any user account.
SquadCast, Inc. has the right but not the obligation to monitor your use of the Service and may at any time, for any reason, in its sole discretion, terminate your use. Content stored by SquadCast, Inc. may or may not be retained after termination of your subscription. SquadCast, Inc. annually reviews storage of inactive and terminated accounts and deletes Content which is more than 1 year old.
The SquadCast, Inc. Service is the sole property of the SquadCast, Inc. and these Terms do not provide any right or license to, other than the right to use as provided herein, the Service. User has not interest in the code and proprietary software, system, source code, run code or other intellectual property of SquadCast, Inc.
- Accounts. When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
- 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;
- 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 via email at firstname.lastname@example.org
- Intellectual Property. The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of SquadCast, Inc. and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of SquadCast, Inc.
- Links to Other Web Sites. Our Service may contain links to third-party web sites or services that are not owned or controlled by SquadCast, Inc. SquadCast, Inc. has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites. Therefore, you acknowledge and agree that [name of website] is not responsible for the availability of such links, resources and content, and does not endorse, and is not responsible or liable for, any content, advertising, products, or other materials made available on or from these linked websites. You also acknowledge and agree that SquadCast, Inc. is not responsible or liable, directly or indirectly, for any damage or loss caused by or alleged to have been caused by, or in relation to, the use of any Content, goods or services offered through these links or any failures and/or disruption to your computer system that results from your use of any such links, or for any intellectual property or other third-party claims relating to your posting or using such links.
- Termination of Service. We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. If you wish to terminate your account, you may simply discontinue using the Service.
- Indemnification. You agree to defend, indemnify and hold harmless SquadCast, Inc. and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), along with any claims made by a third-party, guest, invitee or otherwise relating to your use of your account and password, resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, including any third-party claims arising from your use of your account and password; b) a breach of these Terms, or c) Content posted on the Service.
- Limitation of Liability. IN NO EVENT SHALL SQUADCAST, INC., NOR ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD-PARTY ON THE SERVICE; (III) ANY CONTENT OBTAINED FROM THE SERVICE; AND (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE USE OF THE SERVICE.
- Disclaimer. THE INFORMATION ON THIS SITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. YOU AGREE THAT USE OF THIS SERVICE IS AT YOUR SOLE RISK. SQUADCAST, INC. DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
SQUADCAST, INC. COM MAKES NO WARRANTY THAT: (A) THE SERVICES OR THE RECORDINGS WILL MEET YOUR REQUIREMENTS; (B) THE SERVICES OR THE RECORDINGS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR ANY MATERIALS OFFERED THROUGH THE SITE, WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY RECORDINGS, SERVICES, INFORMATION OR OTHER SERVICES PURCHASED OR OBTAINED BY YOU THROUGH THE SITE MEET YOUR EXPECTATIONS OR ARE SUITABLE FOR YOUR USE OR CIRCUMSTANCES.
ADDITIONALLY, SQUADCAST, INC. ITS SUBSIDIARIES, AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT A) THE SERVICE WILL FUNCTION UNINTERRUPTED, SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; C) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS.
TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SERVICE.
- Disclosures Required by Law. SquadCast, Inc. reserves the right at all times to disclose any information, including personally identifiable information about you, as necessary to satisfy any applicable law, regulation, legal process or governmental request. SquadCast, Inc. reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing SquadCast, Inc. to disclose the identity of anyone posting any content, or publishing or otherwise making available any materials that are believed to violate the Terms of Service. SquadCast, Inc. will use reasonable efforts to notify you in connection with any such inquiry; provided, however, that the inquiry in question is not confidential, and further provided that SquadCast, Inc. shall have no duty to disclose such information and therefore shall not be liable to you in connection with any non-disclosure. User agrees to reimburse SquadCast, Inc. for any and all fees and costs associated with responding to subpoenas associated with their account.
BY ACCEPTING THESE TERMS, YOU WAIVE ALL RIGHTS AND AGREE TO HOLD SQUADCAST, INC. HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY SQUADCAST,INC DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SQUADCAST, INC. OR ANY LAW ENFORCEMENT ORE REGULATORY AUTHORITIES.
- Governing Law. These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions.
- Waiver. The failure of SquadCast, Inc. to exercise or enforce any right or provisions of these Terms shall not operate as a waiver of such right or provision. Any waiver of these Terms by SquadCast, Inc. must be in writing and signed by an authorized representative thereof.
- Relationship of the Parties. Nothing contained in these Terms or your use and/or access to the Service shall be construed to constitute either party as a partner, joint venture, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.
- Severability. If any provision of these Terms shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.
- Contact Us. If you have any questions about these Terms, please contact us at email@example.com.