Last modified on 3/10/2022
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THIS IS A BINDING CONTRACT. Welcome to the services operated by Strategic Digital Solutions Corp. (collectively with its affiliates, “Cast” or “We”) consisting of the website available at https://www.castapp.fish, and its network of websites, software applications, or any other products or services offered by Cast (the “Cast Services”). Other services offered by Cast may be subject to separate terms.
When using the Cast Services, you will be subject to Cast’s Community Guidelines and additional guidelines or rules that are posted on the Cast Services, made available to you, or disclosed to you in connection with specific services and features. Cast may also offer certain paid services, which are subject to the Cast Terms of Sale as well as any additional terms or conditions that are disclosed to you in connection with such services. All such terms and guidelines (the “Guidelines”) are incorporated into these Terms of Service by reference.
The Terms of Service apply whether you are a user that registers an account with the Cast Services or an unregistered user. You agree that by clicking “Sign Up” or otherwise registering, downloading, accessing, or using the Cast Services, you are entering into a legally binding agreement between you and Cast regarding your use of the Cast Services. You acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not agree to these Terms of Service, do not access or otherwise use any of the Cast Services.
When using Cast or opening an account with Cast on behalf of a company, entity, or organization (collectively, “Subscribing Organization”), you represent and warrant that you: (i) are an authorized representative of that Subscribing Organization with the authority to bind that organization to these Terms of Service and grant the licenses set forth herein; and (ii) agree to these Terms of Service on behalf of such Subscribing Organization.
The Cast Services are not available to persons under the age of 13. If you are between the ages of 13 and the age of legal majority in your jurisdiction of residence, you may only use the Cast Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Service.
The Cast Services are also not available to any users previously removed from the Cast Services by Cast or to any persons barred from receiving them under the laws of the United States (such as its export and re-export restrictions and regulations) or applicable laws in any other jurisdiction.
BY DOWNLOADING, INSTALLING, OR OTHERWISE USING THE CAST SERVICES, YOU REPRESENT THAT YOU ARE AT LEAST 13 YEARS OF AGE, THAT YOUR PARENT OR LEGAL GUARDIAN AGREES TO BE BOUND BY THESE TERMS OF SERVICE IF YOU ARE BETWEEN 13 AND THE AGE OF LEGAL MAJORITY IN YOUR JURISDICTION OF RESIDENCE, AND THAT YOU HAVE NOT BEEN PREVIOUSLY REMOVED FROM AND ARE NOT PROHIBITED FROM RECEIVING THE CAST SERVICES.
Your privacy is important to Cast. Please see our Privacy Notice for information relating to how we collect, use, and disclose your personal information, and our Privacy Choices on how you can manage your online privacy when you use the Cast Services.
a. Account and Password
In order to open an account, you will be asked to provide us with certain information such as an account name and password.
You are solely responsible for maintaining the confidentiality of your account, your password and for restricting access to your computer. If you permit others to use your account credentials, you agree to these Terms of Service on behalf of all other persons who use the Services under your account or password, and you are responsible for all activities that occur under your account or password. Please make sure the information you provide to Cast upon registration and at all other times is true, accurate, current, and complete to the best of your knowledge.
Unless expressly permitted in writing by Cast, you may not sell, rent, lease, share, or provide access to your account to anyone else, including without limitation, charging anyone for access to administrative rights on your account. Cast reserves all available legal rights and remedies to prevent unauthorized use of the Cast Services, including, but not limited to, technological barriers, IP mapping, and, in serious cases, directly contacting your Internet Service Provider (ISP) regarding such unauthorized use.
b. Third-Party Accounts
Cast may permit you to register for and log on to the Cast Services via certain third-party services. The third party’s collection, use, and disclosure of your information will be subject to that third-party service’s privacy notice. Further information about how Cast collects, uses, and discloses your personal information when you link your Cast account with your account on any third-party service can be found in our Privacy Notice.
Access to the Cast Services may require the use of your personal computer or mobile device, as well as communications with or use of space on such devices. You are responsible for any Internet connection or mobile fees and charges that you incur when accessing the Cast Services.
Modification of these Terms of Service
Cast may amend any of the terms of these Terms of Service by posting the amended terms. Your continued use of the Cast Services after the effective date of the revised Terms of Service constitutes your acceptance of the terms.
For residents of the Republic of Korea, Cast will provide reasonable prior notice regarding any material amendments to its Terms of Service. All amendments shall become effective no sooner than 30 calendar days after posting; provided that any amendment regarding newly available features of the Service, features of the Service that are beneficial to the user, or changes made for legal reasons may become effective immediately.
The Cast Services are owned and operated by Strategic Digital Solutions (DBA Cast). Unless otherwise indicated, all content, information, and other materials on the Cast Services (excluding User Content, set out in Section 8 below), including, without limitation, Cast’s trademarks and logos, the visual interfaces, graphics, design, compilation, information, software, computer code (including source code or object code), services, text, pictures, information, data, sound files, other files, and the selection and arrangement thereof (collectively, the “Materials”) are protected by relevant intellectual property and proprietary rights and laws. All Materials are the property of Cast or its subsidiaries or affiliated companies and/or third-party licensors. Unless otherwise expressly stated in writing by Cast, by agreeing to these Terms of Service you are granted a limited, non-sublicensable license (i.e., a personal and limited right) to access and use the Cast Services for your personal use or internal business use only.
Cast reserves all rights not expressly granted in these Terms of Service. This license is subject to these Terms of Service and does not permit you to engage in any of the following: (a) resale or commercial use of the Cast Services or the Materials; (b) distribution, public performance or public display of any Materials; (c) modifying or otherwise making any derivative uses of the Cast Services or the Materials, or any portion of them; (d) use of any data mining, robots, or similar data gathering or extraction methods; (e) downloading (except page caching) of any portion of the Cast Services, the Materials, or any information contained in them, except as expressly permitted on the Cast Services; or (f) any use of the Cast Services or the Materials except for their intended purposes. Any use of the Cast Services or the Materials except as specifically authorized in these Terms of Service, without the prior written permission of Cast, is strictly prohibited and may violate intellectual property rights or other laws. Unless explicitly stated in these Terms of Service, nothing in them shall be interpreted as conferring any license to intellectual property rights, whether by estoppel, implication, or other legal principles. Cast can terminate this license as set out in Section 14.
In order to ensure that our community is safe and inclusive, inappropriate account names that violate our Community Guidelines are prohibited. We also recognize that an account’s username has more impact across our services than many other forms of content because they are persistent, cross-functional, and, in most cases, much more visible. Because of this, we have additional, higher standards for usernames based on reducing harm across our services. Usernames and display names created on Cast may not include:
In order to promote a safe and inclusive community, usernames and display names on Cast must adhere to all of our general Community Guidelines standards. Additionally, we recognize that usernames and display names often have more impact across our services than other forms of content because of their visibility, persistence, and cross-functional nature. In order to account for this, we have additional, higher standards for usernames based on reducing harm across our services. In order to account for these higher standards, which in some instances may be broken by users acting in good-faith, our enforcements for violative usernames are broken down into two categories: indefinite suspensions and username resets.
Indefinite suspensions are issued for usernames and display names that constitute clear violations of our standard Community Guidelines, or that are typically representative of malicious and bad-faith behavior. These situations include:
References to terrorism or terrorist organizations
References to child grooming or exploitation
Threats, promotions, or calls to real-life violence against others (with exceptions for references to video game or non-hateful historical violence)
Calling for another group of people to be harmed or killed
Creating a username that threatens violence against another person
Hateful Conduct, including slurs and derogatory terminology related to protected characteristics
Creating a username that includes a hateful slur
Glorifying, promoting, or advocating for discrimination, denigration, segregation, exclusion, hatred, or disgust based on protected characteristics (see our Hateful Conduct policy for more information)
Creating a username that references a hate group
Mocking, denying, or glorifying the occurrence of well-documented hate crimes or acts of genocide
Harassment and Sexual Harassment directed towards another person
Creating a username that is sexually degrading towards another person
Creating a username that includes insults targeted towards another person’s sexual practices
Creating a username that includes a personal attack or targeted profanity against another person
Directing an insulting username towards another person
Mocking streamers, community members, or their friends and family that have passed away
Threats or promotion of suicide and self-harm
Glorifying methods of self-harm, including suicide and eating disorders
Encouraging another person to self-harm or commit suicide
Registering a username that threatens suicidal action
Personal information of another person leaked without consent
P addresses, email addresses
Mailing addresses, home addresses, private work or school addresses
Personal or private phone numbers
Sensitive identification or financial information, such as bank account numbers or government ID numbers
Impersonation of another person, company, or organization
Attempting to misrepresent yourself as a staff member or employee of Cast
Creating an account with a nearly identical name to another Cast user and attempting to pass yourself off as them
Attempting to pose as a representative of a company or organization without authorization (See the Trademark Policy for more information on usernames that may constitute legal violation of a trademark.)
Glorification of natural or violent tragedies
Glorifying references to specific natural disasters that are responsible for death, such as Hurricane Katrina
Glorifying people directly responsible for the murder or death of others, such as serial killers
Celebrating deaths of individuals due to violence, including suicides and lethal government or police actions (see Hateful Conduct for more on our guidelines regarding glorifying violence on the basis of a protected class)
In instances where we believe users may be acting in good-faith, we will mandate a username or display name reset instead of indefinitely suspending the accounts. These username resets are typically done in situations where the name would violate this username policy, but wouldn’t normally constitute a violation of our Community Guidelines for other types of content. In addition, some violations of our standard Community Guidelines in usernames and display names that are particularly sensitive or colloquial may result in a username reset. These situations include:
References to hard drugs, recreational drugs, and drug abuse (with the exceptions of alcohol, tobacco, and marijuana)
Explicitly referencing recreational drugs or psychoactive substances, such as peyote
Explicitly referencing hard drugs, including cocaine or heroin
Overtly glorifying the abuse of prescription or harmful drugs, including practices such as inhalant abuse
References to pornography, sexually explicit, and sexually suggestive content or behavior
Creating usernames that reference explicit or implied sexual acts
Creating usernames that indicate overt sexual arousal
Creating usernames that include references to genitalia or sexual bodily fluids
References to sexually transmitted infections and other types of sexual-related trauma
Overt references to sexual fetishes
Using terms related sexual orientation or disability in an insulting context or as a negative descriptor (reminder that using terms related to protected groups in an openly hateful or derogatory way will result in an indefinite suspension, see Hateful Conduct above)
Creating a name that uses terms related to Autism or intellectual disability in a negative or insulting context
Creating a name that uses terms related to sexual orientation, such as ‘gay,’ in a negative or insulting context
Username resets are leveraged in these cases under the assumption that these violations are likely mistaken or unintentional. However, repeatedly renaming an account in violation of our username policy will result in further enforcement actions against your account, up to an indefinite suspension.
Cast allows you to distribute streaming live and pre-recorded audio-visual works; to use services, such as chat, bulletin boards, forum postings, wiki contributions, and voice interactive services; and to participate in other activities in which you may create, post, transmit, perform, or store content, messages, text, sound, images, applications, code, or other data or materials on the Cast Services (“User Content”).
a. License to CAST
(i) Unless otherwise agreed to in a written agreement between you and Cast that was signed by an authorized representative of Cast, if you submit, transmit, display, perform, post, or store User Content using the Cast Services, you grant Cast and its sub-licensees, to the furthest extent and for the maximum duration permitted by applicable law (including in perpetuity if permitted under applicable law), an unrestricted, worldwide, irrevocable, fully sub-licenseable, nonexclusive, and royalty-free right to: (a) use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content (including without limitation for promoting and redistributing part or all of the Cast Services (and derivative works thereof) in any form, format, media, or media channels now known or later developed or discovered; and (b) use the name, identity, likeness, and voice (or other biographical information) that you submit in connection with such User Content. Should such User Content contain the name, identity, likeness, and voice (or other biographical information) of third parties, you represent and warrant that you have obtained the appropriate consents and/or licenses for your use of such features and that Cast and its sub-licensees are allowed to use them to the extent indicated in these Terms of Service.
(ii) With respect to User Content known as “add-ons”, “maps”, “mods”, or other types of projects submitted through a third party site, the rights granted by you hereunder terminate once you remove or delete such Submitted Projects from the Cast Services. You also acknowledge that Cast may retain, but not display, distribute, or perform, server copies of Submitted Projects that have been removed or deleted.
(iii) With respect to streaming live and pre-recorded audio-visual works, the rights granted by you hereunder terminate once you delete such User Content from the Cast Services, or generally by closing your account, except:(a) to the extent you shared it with others as part of the Cast Services and others copied or stored portions of the User Content (e.g., made a Clip); (b) Cast used it for promotional purposes; and (c) for the reasonable time it takes to remove from backup and other systems.
b. User Content Representations and Warranties
You are solely responsible for your User Content and the consequences of posting or publishing it. You represent and warrant that: (1) you are the creator or own or control all right in and to the User Content or otherwise have sufficient rights and authority to grant the rights granted herein; (2) your User Content does not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right, or (b) defame any other person; (3) your User Content does not contain any viruses, adware, spyware, worms, or other harmful or malicious code; and (4) unless you have received prior written authorization, your User Content specifically does not contain any pre-release or non-public beta software or any confidential information of Cast or third parties. Cast reserves all rights and remedies against any users who breach these representations and warranties.
c. Content is Uploaded at Your Own Risk
Cast uses reasonable security measures in order to attempt to protect User Content against unauthorized copying and distribution. However, Cast does not guarantee that any unauthorized copying, use, or distribution of User Content by third parties will not take place. To the furthest extent permitted by applicable law, you hereby agree that Cast shall not be liable for any unauthorized copying, use, or distribution of User Content by third parties and release and forever waive any claims you may have against Cast for any such unauthorized copying or usage of the User Content, under any theory. THE SECURITY MEASURES TO PROTECT USER CONTENT USED BY CAST HEREIN ARE PROVIDED AND USED “AS-IS” AND WITH NO WARRANTIES, GUARANTEES, CONDITIONS, ASSURANCES, OR OTHER TERMS THAT SUCH SECURITY MEASURES WILL WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR THAT THERE WILL BE NO CRACKS, DISABLEMENTS, OR OTHER CIRCUMVENTION OF SUCH SECURITY MEASURES.
Users may promote, administer, or conduct a promotion (e.g., a contest or sweepstakes) on, through, or utilizing the Cast Services (a “Promotion”). If you choose to promote, administer, or conduct a Promotion, you must adhere to the following rules: (1) You may carry out Promotions to the extent permitted by applicable law and you are solely responsible for ensuring that any Promotions comply with any and all applicable laws, obligations, and restrictions; (2) You will be classified as the promoter of your Promotion in the applicable jurisdiction(s) and you will be solely responsible for all aspects of and expenses related to your Promotion, including without limitation the execution, administration, and operation of the Promotion; drafting and posting any official rules; selecting winners; issuing prizes; and obtaining all necessary third-party permissions and approvals, including without limitation filing any and all necessary registrations and bonds. Cast has the right to remove your Promotion from the Cast Services if Cast reasonably believes that your Promotion does not comply with the Terms of Service or applicable law; (3) Cast is not responsible for and does not endorse or support any such Promotions. You may not indicate that Cast is a sponsor or co-sponsor of the Promotion; and (4) You will display or read out the following disclaimer when promoting, administering, or conducting a Promotion: “This is a promotion by [Your Name]. Cast does not sponsor or endorse this promotion and is not responsible for it.”.
You agree that your User Content will comply with the FTC’s Guidelines Concerning the Use of Testimonials and Endorsements in Advertising, the FTC’s Disclosures Guide, the FTC’s Native Advertising Guidelines, and any other guidelines issued by the FTC from time to time (the “FTC Guidelines”), as well as any other advertising guidelines required under applicable law. For example, if you have been paid or provided with free products in exchange for discussing or promoting a product or service through the Cast Services, or if you are an employee of a company and you decide to discuss or promote that company’s products or services through the Cast Services, you agree to comply with the FTC Guidelines’ requirements for disclosing such relationships. You, and not Cast, are solely responsible for any endorsements or testimonials you make regarding any product or service through the Cast Services.
f. Political Activity
Subject to these Terms of Service and the Community Guidelines, you may share political opinions; participate in political activity; provide links to a political committee’s official website, including the contribution page of a political committee; and solicit viewers to make contributions directly to a political committee. You agree, however, that these activities are entirely your own. Moreover, by engaging in these activities, you represent and warrant that you are eligible to engage in them under applicable law, and that you will abide by all relevant laws and regulations while doing so.
You agree not to solicit the use of or use any Cast monetization tool (e.g., Bits or subscriptions) for the purpose of making or delivering a contribution to a candidate, candidate’s committee, political action committee, ballot committee, or any other campaign committee, or otherwise for the purpose of influencing any election. Candidates for political office are not eligible to use any Cast monetization tool on their channels.
YOU AGREE NOT TO violate any law, contract, intellectual property, or other third-party right; not to commit a tort, and that you are solely responsible for your conduct while on the Cast Services.
You agree that you will comply with these Terms of Service and Cast’s Community Guidelines and will not:
i. create, upload, transmit, distribute, or store any content that is inaccurate, unlawful, infringing, defamatory, obscene, pornographic, invasive of privacy or publicity rights, harassing, threatening, abusive, inflammatory, or otherwise objectionable;
ii. impersonate any person or entity; falsely claim an affiliation with any person or entity; access the Cast Services accounts of others without permission; forge another person’s digital signature; misrepresent the source, identity, or content of information transmitted via the Cast Services; or perform any other similar fraudulent activity;
iii. send junk mail or spam to users of the Cast Services, including without limitation unsolicited advertising, promotional materials, or other solicitation material; bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, petitions for signatures, or any of the preceding things related to promotional giveaways (such as raffles and contests); and other similar activities;
iv. harvest or collect email addresses or other contact information of other users from the Cast Services;
v. defame, harass, abuse, threaten, or defraud users of the Cast Services, or collect or attempt to collect, personal information about users or third parties without their consent;
vi. delete, remove, circumvent, disable, damage, or otherwise interfere with (a) security-related features of the Cast Services or User Content, (b) features that prevent or restrict use or copying of any content accessible through the Cast Services, (c) features that enforce limitations on the use of the Cast Services or User Content, or (d) the copyright or other proprietary rights notices on the Cast Services or User Content;
vii. reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Cast Services or any part thereof, except and only to the extent that this activity is expressly permitted by the law of your jurisdiction of residence;
viii. modify, adapt, translate, or create derivative works based upon the Cast Services or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
ix. interfere with or damage the operation of the Cast Services or any user’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;
x. relay email from a third party’s mail servers without the permission of that third party;
xi. access any website, server, software application, or other computer resource owned, used, and/or licensed by Cast, including but not limited to the Cast Services, by means of any robot, spider, scraper, crawler, or other automated means for any purpose, or bypass any measures Cast may use to prevent or restrict access to any website, server, software application, or other computer resource owned, used, and/or licensed by Cast, including but not limited to the Cast Services;
xii. manipulate identifiers in order to disguise the origin of any User Content transmitted through the Cast Services;
xiii. interfere with or disrupt the Cast Services or servers or networks connected to the Cast Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Cast Services; use the Cast Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Cast Services, or that could damage, disable, overburden, or impair the functioning of the Cast Services in any manner;
xiv. use or attempt to use another user’s account without authorization from that user and Cast;
xv. attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of the Cast Services that you are not authorized to access;
xvi. attempt to indicate in any manner, without our prior written permission, that you have a relationship with us or that we have endorsed you or any products or services for any purpose; and
xvii. use the Cast Services for any illegal purpose, or in violation of any local, state, national, or international law or regulation, including without limitation laws governing intellectual property and other proprietary rights, data protection, and privacy.
To the extent permitted by applicable law, Cast takes no responsibility and assumes no liability for any User Content or for any loss or damage resulting therefrom, nor is Cast liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter when using the Cast Services. Your use of the Cast Services is at your own risk. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Cast Services will not contain any content that is prohibited by such rules.
Cast is not liable for any statements or representations included in User Content. Cast does not endorse any User Content, opinion, recommendation, or advice expressed therein, and Cast expressly disclaims any and all liability in connection with User Content. To the fullest extent permitted by applicable law, Cast reserves the right to remove, screen, or edit any User Content posted or stored on the Cast Services at any time and without notice, including where such User Content violates these Terms of Service or applicable law, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Cast Services at your sole cost and expense. Any use of the Cast Services in violation of the foregoing violates these Terms of Service and may result in, among other things, termination or suspension of your rights to use the Cast Services.
For Residents of the Republic of Korea, except in the case where Cast reasonably considers that giving notice is legally prohibited (for instance, when providing notice would either (i) violate applicable laws, regulations, or orders from regulatory authorities or (ii) compromise an ongoing investigation conducted by a regulatory authority) or that any notice may cause harm to you, third parties, Cast, and/or its affiliates (for instance, when providing notice harms the security of the Cast Services), Cast will without delay notify you of the reason for taking the relevant step.
Cast respects the intellectual property of others and follows the requirements set forth in the Digital Millennium Copyright Act (“DMCA”) and other applicable laws. If you are the copyright owner or agent thereof and believe that content posted on the Cast Services infringes upon your copyright, please submit a notice following our DMCA Guidelines, which include further information about our policies, what to include in your notice, and where to submit your notice.
CAST, the Cast logos, and any other product or service name, logo, or slogan used by Cast, and the look and feel of the Cast Services, including all page headers, custom graphics, button icons, and scripts, are trademarks or trade dress of Cast, and may not be used in whole or in part in connection with any product or service that is not Cast’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Cast, without our prior written permission. Any use of these trademarks must be in accordance with the Cast Trademark Guidelines.
All other trademarks referenced in the Cast Services are the property of their respective owners. Reference on the Cast Services to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by us or any other affiliation.
In addition to the User Content, Cast may provide other third-party content on the Cast Services (collectively, the “Third-Party Content”). Cast does not control or endorse any Third-Party Content and makes no representation or warranties of any kind regarding the Third-Party Content, including without limitation regarding its accuracy or completeness. Please be aware that we do not create Third-Party Content, update, or monitor it. Therefore we are not responsible for any Third-Party Content on the Cast Services.
You are responsible for deciding if you want to access or use third-party websites or applications that link from the Cast Services (the “Reference Sites”). Cast does not control or endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites, and makes no representations or warranties of any kind regarding the Reference Sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Cast Services are solely between you and such advertiser. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at your own risk.
By submitting ideas, suggestions, documents, and/or proposals (the “Submissions”) to Cast or its employees, you acknowledge and agree that Cast shall be entitled to use or disclose such Submissions for any purpose in any way without providing compensation or credit to you.
To the fullest extent permitted by applicable law, Cast reserves the right, without notice and in our sole discretion, to terminate your license to use the Cast Services (including to post User Content) and to block or prevent your future access to and use of the Cast Services, including where we reasonably consider that: (a) your use of the Cast Services violates these Terms of Service or applicable law; (b) you fraudulently use or misuse the Cast Services; or (c) we are unable to continue providing the Cast Services to you due to technical or legitimate business reasons. Our right to terminate your license includes the ability to terminate or to suspend your access to any purchased products or services, including any subscriptions. To the fullest extent permitted by applicable law, your only remedy with respect to any dissatisfaction with: (i) the Cast Services, (ii) any term of these Terms of Service, (iii) any policy or practice of Cast in operating the Cast Services, or (iv) any content or information transmitted through the Cast Services, is to terminate your account and to discontinue use of any and all parts of the Cast Services.
For residents of the Republic of Korea, except in the case where Cast reasonably considers that giving notice is legally prohibited (for instance, when providing notice would either (i) violate applicable laws, regulations, or orders from regulatory authorities or (ii) compromise an ongoing investigation conducted by a regulatory authority) or that any notice may cause harm to you, third parties, Cast, and/or its affiliates (for instance, when providing notice harms the security of the Cast Services), Cast will without delay notify you of the reason for taking the relevant step.
To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Cast, its affiliated companies, and each of our respective contractors, employees, officers, directors, agents, third-party suppliers, licensors, and partners (individually and collectively, the “Cast Parties”) from any claims, losses, damages, demands, expenses, costs, and liabilities, including legal fees and expenses, arising out of or related to your access, use, or misuse of the Cast Services, any User Content you post, store, or otherwise transmit in or through the Cast Services, your violation of the rights of any third party, any violation by you of these Terms of Service, or any breach of the representations, warranties, and covenants made by you herein. You agree to promptly notify the Cast Parties of any third-party claim, and Cast reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Cast, and you agree to cooperate with Cast’s defense of these claims. Cast will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
b. Disclaimers; No Warranties
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) THE CAST SERVICES AND THE CONTENT AND MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN WRITING BY CAST; (B) THE CAST PARTIES DISCLAIM ALL OTHER WARRANTIES, STATUTORY, EXPRESS, OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE CAST SERVICES, INCLUDING ANY INFORMATION, CONTENT, OR MATERIALS CONTAINED THEREIN; (C) CAST DOES NOT REPRESENT OR WARRANT THAT THE CONTENT OR MATERIALS ON THE CAST SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE; (D) CAST IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO TEXT OR PHOTOGRAPHY; AND (E) WHILE CAST ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE CAST SERVICES SAFE, CAST CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE CAST SERVICES OR OUR SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CAST OR THROUGH THE CAST SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
c. Limitation of Liability and Damages
i. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT SHALL CAST OR THE CAST PARTIES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE CAST SERVICES, THE CONTENT OR THE MATERIALS, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM CAST, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO CAST’S RECORDS, PROGRAMS, OR SERVICES; AND (B) IN NO EVENT SHALL THE AGGREGATE LIABILITY OF CAST, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE CAST SERVICES EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE CAST SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER. TO THE EXTENT THAT APPLICABLE LAW PROHIBITS LIMITATION OF SUCH LIABILITY, CAST SHALL LIMIT ITS LIABILITY TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW.
ii. Reference Sites
THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY REFERENCE SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN CAST AND RECEIVED THROUGH OR ADVERTISED ON THE CAST SERVICES OR RECEIVED THROUGH ANY REFERENCE SITES.
iii. Basis of the Bargain
YOU ACKNOWLEDGE AND AGREE THAT CAST HAS OFFERED THE CAST SERVICES, USER CONTENT, MATERIALS, AND OTHER CONTENT AND INFORMATION, SET ITS PRICES, AND ENTERED INTO THESE TERMS OF SERVICE IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND CAST, AND THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND CAST. CAST WOULD NOT BE ABLE TO PROVIDE THE CAST SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
d. Applicable Law and Venue
(i) To the fullest extent permitted by applicable law, you and Cast agree that if you are a Subscribing Organization or a consumer resident of a jurisdiction other than those in (ii) below, the following governing law and arbitration provision applies:
PLEASE READ THE FOLLOWING CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH CAST AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM CAST.
You and Cast agree to arbitrate any dispute arising from these Terms of Service or your use of the Cast Services, except that you and Cast are not required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and Cast agree that you will notify each other in writing of any dispute within thirty (30) days of when it arises. Notice to Cast shall be sent to: Cast Interactive, Inc., Attn: Legal, 350 Bush Street, 2nd Floor, San Francisco, CA 94104. You and Cast further agree: to attempt informal resolution prior to any demand for arbitration; that any arbitration will occur in Santa Clara County, California; that arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of JAMS; and that the state or federal courts in Santa Clara County, California have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. Any dispute between the parties will be governed by this Agreement and the laws of the State of California and applicable United States law, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. Whether the dispute is heard in arbitration or in court, you and Cast will not commence against the other a class action, class arbitration, or other representative action or proceeding.
(ii) If you are a resident in any jurisdiction in which the provision in the section above is found to be unenforceable, then any disputes, claims, or causes of action arising out of or in connection with these Terms of Service will be governed by and construed under the laws of your jurisdiction of residence, and shall be resolved by competent civil courts within your jurisdiction of residence.
YOU AND CAST AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE CAST SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
If we fail to exercise or enforce any right or provision of these Terms of Service, it will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms of Service will be effective only if in writing and signed by the relevant party.
If any provision of these Terms of Service is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms of Service to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Cast without restriction. Any assignment attempted to be made in violation of this Terms of Service shall be void.
Upon termination of these Terms of Service, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, Sections 7, 8, 11, 12, and 15-17.
e. Entire Agreement
The Terms of Service, which incorporate the Terms of Sale and the Community Guidelines, is the entire agreement between you and Cast relating to the subject matter herein and will not be modified except by a writing signed by authorized representatives of both parties, or by a change to these Terms of Service made by Cast as set forth in Section 6 above.
All requests for information or documents related to potential, anticipated, or current legal proceedings, investigations, or disputes must be made using the appropriate level of legal process, and must be properly served on Cast by mail. Please find below the address:
Strategic Digital Solutions
430 Franklin St
Schenectady, NY 12305
Please note that Cast does not accept requests for information or documents, or service of process, via e-mail or fax and will not respond to such requests. All requests must include the information you may have that will help us identify the relevant records (particularly, the Cast Service at issue, e.g., www.Castapp.info, and the username at issue, e.g., the Cast username: http://www.Castapp.fish/username), the specific information requested, and its relationship to your investigation. Please also note that limiting your request to the relevant records (e.g., a limited time period) will facilitate efficient processing of your request.