Terms of Service – Effective as of April 15, 2019
BY USING AND/OR VISITING THIS WEBSITE OR THE CASTTUNE MOBILE APPLICATION (collectively, including all content available through the CastTune.com domain name, referred to as the “CastTune Website”, “Website”, “Mobile Applications”, “Apps”, or the “Site”), YOU SIGNIFY YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS (the “Terms of Service”) AND THE TERMS AND CONDITIONS OF CASTTUNE’S PRIVACY NOTICE. If you do not agree to any of these terms, then please do not use the CastTune Website or Apps. CastTune reserves the right, in its sole discretion, to change, modify, add or remove portions of these Terms of Service, at any time. It is your responsibility to check these Terms of Service periodically for changes. Your continued use of the Site or Apps following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Service, CastTune grants you a non-exclusive, non-transferable, limited privilege to enter and use the Site.
Beta Version Notice
Please note that this is currently a first release of the Site and may not contain all the features or have all the resources of the final release. We have implemented and follow industry standard measures to protect against unauthorized access to personal information but recognize that no Internet site can fully eliminate security risks. Use of this Beta Version should be with consideration of these risks.
You must be 13 years or older to use this Site.
Keep it clean
CastTune does not allow, and this Site may not be used for, any content which may be deemed to be pornography, defamatory, libelous, obscene, harassing, threatening, incendiary, abusive, racist, offensive, deceptive or fraudulent, encouraging criminal or harmful conduct, or which otherwise violates the rights of CastTune or any third party (including any intellectual property rights, privacy rights, contractual or fiduciary rights), or otherwise shows any person, entity or brand in a bad or disparaging light, without their prior explicit approval; if this describes your audios, videos, photos (even if they are content of yourself), don’t post them on CastTune.com.
Only upload media content (audios, videos, photos, etc.) that you made, or that you have obtained the right to use. You represent and warrant that: (i) you own the content posted by you on the CastTune Website or otherwise have the right to grant the license; and (ii) your posted content does not violate the privacy rights, publicity rights, copyright rights, or other intellectual property rights of any third party. You agree to pay for all royalties and fees owing any person by reason of any content you post on the CastTune Website.
Violations of the Terms of Service may result in a warning notification or may result in termination of your account and deletion of all your post content. We decide whether we believe your violation of our Terms of Service should result in termination of your account. If you have an account terminated you may be prohibited from ever signing up for another account!
CastTune accounts must not be used to manipulate ratings through brigading and/or inauthentic rating behaviors, as determined by CastTune. Action will be taken as necessary to prevent and remove such behaviors.
As used herein, the term “Service” means any service provided by CastTune via the Site and/or Apps. You also understand and agree that the Service may include advertisements and that these advertisements are necessary for CastTune to provide the Service. We provide unsubscribe links in all of our email footers if you no longer wish to receive these communications from us.
You also understand and agree that the Service may include certain communications from CastTune, such as service announcements and administrative messages, and that these communications are considered part of your CastTune membership, and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new CastTune resources, shall be subject to these Terms of Service. You agree not to access the Service by any means other than through the interfaces that are provided by CastTune for use in accessing the Service. Furthermore, whenever these Terms of Service refer to your use of the Site, said use shall be meant to include, but not be limited to, your use of any Service offered by CastTune via the Site. You will not copy or distribute any part of the Website in any medium without CastTune’s prior written authorization.
You will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose.
CastTune Page Service Account
In order to use the CastTune Podcast Page Service, you must subscribe to one of CastTune’s page services, get a valid CastTune account ID and be an account holder. To be an account holder with your own Podcast Site, you must provide CastTune with name, email and other information (“Registration Data”). When creating your account, your Registration Data must be accurate and complete. You may never use another’s account without permission. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify CastTune immediately of any breach of security or unauthorized use of your account. Although CastTune will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of CastTune or others due to such unauthorized use.
CastTune Page Service Account Payment Terms
Fees and Payment
Some of the Services offered on the CastTune Website require payment of fees (“Premium Services”). If you elect to sign up for Premium Services, you will be required to pay all applicable fees, as described on the CastTune Website in connection with any Premium Services you select. CastTune reserves the right to change its prices at any time. You authorize CastTune, directly or through third parties, to make any inquiries it considers necessary to validate your account and the financial information that you provided while signing up for such Premium Services.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you are responsible for payment of all such taxes, levies, or duties. You agree to pay any such taxes that might be applicable to your use of the Services and any payments made by you to CastTune.
All fees related to using Premium Services are charged automatically on a recurring basis (monthly or annually) using the payment method determined in the CastTune Website. If CastTune does not receive a request from you, through your CastTune account page, to terminate Premium Services, you acknowledge and understand that CastTune will continue to charge you for the Premium Services as long as your account remains active, even if the Premium Services are not used.
If, at any time, you contact your bank, credit card company, Stripe, PayPal, or other payment service and decline or otherwise reject the charge of any payable fees, this act will be considered a breach of your obligation hereunder and your use of the Premium Services will automatically be terminated. Your use of the Premium Services will not resume until you re-subscribe for any such Premium Services.
Users purchasing Premium Services will pay any and all prices and fees due for such Premium Services. All prices and fees are non-refundable, unless otherwise expressly noted, even if such Premium Services are suspended, terminated, or transferred prior to the end of the Services term (please note: users can opt for a free CastTune account to try services prior to signing up for Premium Services). CastTune expressly reserves the right to change or modify its prices and fees at any time, and such changes or modifications shall be posted online at the CastTune website and effective immediately without need for further notice to any user. Any changes or modifications in prices and fees shall be effective when the Premium Services in question come up for renewal as further described below.
IN ORDER TO ENSURE THAT YOU DO NOT EXPERIENCE AN INTERRUPTION OR LOSS OF SERVICES, PREMIUM SERVICES AUTOMATICALLY RENEW (ANNUALLY, OR MONTHLY DEPENDING ON YOUR SELECTION). THE AUTOMATIC RENEWAL OPTION AUTOMATICALLY RENEWS THE APPLICABLE PREMIUM SERVICE FOR A RENEWAL PERIOD EQUAL IN TIME TO THE ORIGINAL SERVICE PERIOD. FOR EXAMPLE, IF YOUR ORIGINAL SERVICE PERIOD IS FOR ONE YEAR, YOUR RENEWAL PERIOD WILL BE FOR ONE YEAR. WHILE THE DETAILS OF THE AUTOMATIC RENEWAL OPTION VARY FROM SERVICE TO SERVICE, THE SERVICES THAT OFFER AN AUTOMATIC RENEWAL OPTION TREAT IT AS THE DEFAULT SETTING. THEREFORE, UNLESS YOU CANCEL YOUR SUBSCRIPTION, CASTTUNE WILL AUTOMATICALLY RENEW THE APPLICABLE SERVICE WHEN IT COMES UP FOR RENEWAL, AND WILL TAKE PAYMENT FROM THE PAYMENT METHOD YOU HAVE ON FILE WITH CASTTUNE AT CASTTUNE’S THEN CURRENT RATES, WHICH YOU ACKNOWLEDGE AND AGREE MAY BE HIGHER OR LOWER THAN THE RATES FOR THE ORIGINAL SERVICE PERIOD. YOU MAY CANCEL YOUR SUBSCRIPTION FROM SUCH SERVICES PRIOR TO THE AUTOMATIC RENEWAL AT ANY TIME. IN SUCH EVENT THE SERVICES SHALL BE DISCONTINUED UPON THE EXPIRATION OF THE RESPECTIVE PERIOD YOU HAVE PAID FOR AND YOU SHALL NOT HAVE ANY CLAIMS TOWARDS CASTTUNE IN RELATION TO THE DISCONTINUATION OF THE SERVICES.
Cancellation and Termination
Users may cancel their paid CastTune accounts at any time; however, all payments are final and cannot be refunded. If you cancel the Service before the end of the term, your cancellation will take effect at the expiration of the period you have paid for. After cancellation, you will no longer have access to your account and all information contained therein may be deleted by CastTune after a period of ninety (90) days following the date of cancellation of a subscription. During this ninety (90) day period, CastTune agrees to return upon demand, in a complete, readable and understandable format, all Content associated with such subscription. Following the ninety (90) day period, all Content associated with the subscription will be irrevocably deleted from the Service.
If your payment is invalid for any reason, the Service may be cancelled and all the information contained within deleted permanently after a period of ninety (90) days from cancellation of the Service. CastTune accepts no liability for information that is deleted due to a failed payment.
You agree CastTune, in its sole discretion, may terminate your password, and/or account, and remove and discard any content within the Service for any reason, subject to the above mentioned ninety (90) day holding period from the date of cancellation of Service, including and without limitation, the lack of use, or if CastTune believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any contracts, verbal, written or assumed, in conjunction with your deleted account and all its parts, at CastTune’s discretion, will be terminated as well. CastTune may also, in its sole discretion and at any time, discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of these Terms of Service may be effected without prior notice, and acknowledge and agree that CastTune may immediately deactivate or delete your account, and all related information and files, subject to the above mentioned ninety (90) day holding period from the date of cancellation of Service. CastTune reserves the right to bar any further access to such files or the Service. You agree that CastTune shall not be liable to you or any third-party for any termination of your access to the Service. Paid accounts that are terminated will not be refunded. CastTune’s obligations, if any, with regard to its products and Service are governed solely by the agreements pursuant to which they are provided, and nothing on the Site should be construed to alter such agreements.
CastTune Premium Podcast Service Terms
Fees and Services
CastTune may charge transaction fees for using our Premium Podcast Service.
When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future. (We need these rights to host and display your content.)
You will retain ownership of any data, information or material originated by you that you transmit through the Service (“Content”). You shall be solely responsible for the accuracy, quality, content and legality of your Content, the means by which your Content is acquired and the transmission of your Content outside of the Service. You represent and warrant that you have all rights necessary to transmit your Content through the Service and to otherwise have your Content used as part of the Service or as otherwise contemplated herein.
You will not hold CastTune responsible for other users’ actions or inactions, including things they post. Further, we cannot guarantee continuous or secure access to our Services, and operation of the Site may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of our Site. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. Regardless of the previous paragraph, if we are found to be liable, our liability to you or to any third party is limited to the greater of: (a) the total fees you paid to us in the 12 months prior to the action giving rise to the liability; or (b) $100.
If you have a dispute with one or more users, you release us (and our members, managers, officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
By agreeing to place your material on the Site, you recognize that it may also appear on search engines, in an open media registry, and on our partners’ sites, including the Internet Archive, a Web repository primarily for researchers, historians and scholars. You hereby grant to CastTune a non-exclusive, royalty-free, worldwide right and license for so long as you use the Site to do the following to the extent necessary in the performance of Services under this Agreement: digitize, convert, install, upload, select, order, arrange, compile, combine, synchronize, use, reproduce, store, process, retrieve, transmit, distribute, publish, publicly display, publicly perform and hyperlink Your Content; and make archival or back-up copies of your content. Except for the rights expressly granted above, CastTune is not acquiring any right, title or interest in or to your content, all of which shall remain solely with you.
CastTune respects the intellectual property rights of others, and we ask our users to do the same. As such, you are expressly forbidden from any unauthorized use of copyrighted material or music covered under the umbrella of the Recording Industry Association of American or similar authority in your content, including, but not limited to, any broadcast of yours syndicated by CastTune via the Site. You affirm that you own the rights to the material you are placing on the CastTune Site, have obtained the proper clearances to do so, or have the right to share it under well-accepted fair use standards. You agree that the material you are publishing on CastTune does not violate copyright, trademark or patent laws, is not pornographic, plagiaristic or defamatory, is not spam, and does not violate anyone’s privacy rights. We reserve the right to remove material that we determine in our sole discretion violates these Terms of Service. We also reserve the right to terminate the membership of anyone who violates these Terms of Service.
If you believe your work has been copied in a way that constitutes infringement on the Site or via the Service offered through the Site, please provide the following information to CastTune at [contact@CastTune.com]:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Once CastTune receives your notice, it will thoroughly investigate the matter and use commercially reasonable efforts to respond to you with its results within 30 days after receipt of your notice.
You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Website in a manner that sends more request messages to the CastTune servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, CastTune grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. CastTune reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User submissions.
General. You will defend, indemnify, and hold harmless CastTune, our affiliates and licensors, and each of their respective owners, members, managers, employees, officers, directors, and representatives from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to any third party claim concerning: (a) your or any end users’ use of the Service (including any activities under your CastTune account and use by your employees and personnel); (b) breach of these Terms of Service or violation of applicable law by you or any end user; (c) your content or the combination of your content with other applications, content or processes, including any claim involving alleged infringement or misappropriation of third-party rights by your content or by the use, development, design, production, advertising or marketing of your content; or (d) a dispute between you and any end user. If we or our affiliates are obligated to respond to a third party subpoena or other compulsory legal order or process described above, you will also reimburse us for reasonable attorneys’ fees, as well as our employees’ and contractors’ time and materials spent responding to the third party subpoena or other compulsory legal order or process at our then-current hourly rates.
Process. We will promptly notify you of any claim subject to the foregoing indemnification provisions, but our failure to promptly notify you will only affect your obligations in above section to the extent that our failure prejudices your ability to defend the claim. You may: (a) use counsel of your own choosing (subject to our written consent) to defend against any claim; and (b) settle the claim as you deem appropriate, provided that you obtain our prior written consent before entering into any settlement. We may also assume control of the defense and settlement of the claim at any time.
THE SERVICES ARE PROVIDED “AS IS.” WE AND OUR AFFILIATES AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE SERVICES OR THE THIRD PARTY CONTENT, INCLUDING ANY WARRANTY THAT THE SERVICES OR THIRD PARTY CONTENT WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENT, INCLUDING YOUR CONTENT OR THE THIRD PARTY CONTENT, WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED. EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE AND OUR AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE.
Limitations of Liability.
IN NO EVENT SHALL CASTTUNE, ITS MEMBER, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA), EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH: (A) YOUR INABILITY TO USE THE SERVICES, INCLUDING AS A RESULT OF: (I) YOUR USE OF OR ACCESS TO THE SERVICES, (II) OUR DISCONTINUATION OF ANY OR ALL OF THE SERVICES, OR, (III) ANY UNANTICIPATED OR UNSCHEDULED DOWNTIME OF ALL OR A PORTION OF THE SERVICES FOR ANY REASON, INCLUDING AS A RESULT OF POWER OUTAGES, SYSTEM FAILURES OR OTHER INTERRUPTIONS; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (C) ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY YOU IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE SERVICES; OR (D) ANY UNAUTHORIZED ACCESS TO, ALTERATION OF, OR THE DELETION, DESTRUCTION, DAMAGE, LOSS OR FAILURE TO STORE ANY OF YOUR CONTENT OR OTHER DATA. IN ANY CASE, OUR AND OUR AFFILIATES’ AND LICENSORS’ AGGREGATE LIABILITY UNDER THIS TERM WILL BE LIMITED TO THE GREATER OF THE AMOUNT YOU ACTUALLY PAY US UNDER THIS AGREEMENT FOR THE SERVICE THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS PRECEDING THE CLAIM, OR $100.
Governing Law; Dispute Resolution
You agree that all matters relating to your access to or use of the Site or any of its content, including all disputes, will be governed by the laws of the United States and by the laws of the State of Delaware without regard to its conflicts of laws provisions. Any claim under these Terms of Service must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorney’s fees. In the event any controversy or dispute between CastTune and you arising out of or in connection with your use of the Site of any of its content, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
The information contained on the Website and/or in these Terms of Service is subject to change without notice.
These Terms of Service contain the entire agreement between you and us regarding the use of our Services, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms of Service.