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Terms of Service and Use

Last Updated: September 23, 2024

Welcome to ChatCast!

ChatCast Inc. ("ChatCast", "we", "us" or "our") makes its website (www.chatcast.app), and/or the other domains, websites, products, applications, mobile applications, services, and/or Content provided by ChatCast Inc. (collectively, the "Offerings") available for your use subject to these Terms of Service and Use (this "Agreement" or "Terms").

Please read this Agreement carefully. By downloading, accessing, ordering, or using any of our Offerings, clicking on the "I accept" button, or completing the registration process, you represent that you have read, understand, and agree to be bound by this Agreement.

IMPORTANT NOTICE: YOUR USE OF ANY OF OUR OFFERINGS IS SUBJECT TO AN ARBITRATION PROVISION IN SECTION 14.6, REQUIRING ALL CLAIMS TO BE RESOLVED BY WAY OF BINDING ARBITRATION, UNLESS PROHIBITED BY LAW OR YOU EXPRESSLY OPT OUT AS DESCRIBED IN THAT SECTION.

1. Overview

1.1 ChatCast Service

ChatCast provides a platform that enables creators to publish their Content. We offer personalized opportunities to create and share Content leveraging social networks.

1.2 License to Offerings and Content

The Offerings may contain text, software, images, photographs, graphics, audio, video, and other information ("Content"), which are protected by copyright, trademark, patent, and other applicable laws. Our Content does not include your data. On the condition that you comply with all your obligations under this Agreement, we grant you a limited, non-exclusive, revocable, non-assignable, non-transferable authorization to view and use our Offerings for your personal, non-commercial use. All rights not expressly granted are reserved.

1.3 Feedback

You agree that submission of any ideas, suggestions, documents, and/or proposals to ChatCast ("Feedback") is at your own risk and that ChatCast has no obligations with respect to such Feedback. You hereby grant to ChatCast a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, and otherwise exploit any and all Feedback.

2. Account Registration and Data

2.1 Your Account and Data

To access certain features you may be required to create an account ("Account") and provide certain data.

2.2 Minimum Age Requirement

You represent that you are at least thirteen (13) years old (or such greater age required in your country). If you are not at least thirteen (13) years old, you are not allowed to use our Offerings. If you are not old enough to agree to our Terms, your parent or guardian must agree on your behalf.

2.3 Registration Data

You agree to provide true, accurate, current, and complete information and to keep it updated. If you provide untrue or incomplete information, ChatCast has the right to suspend or terminate your Account.

2.4 Activities Under Your Account

You agree to monitor your Account to restrict use by minors and accept full responsibility for unauthorized use. You shall not have more than one Account at any given time.

2.5 License to Your Data

You retain ownership of your Content and Registration Data. You hereby grant us a non-exclusive, worldwide, irrevocable, royalty-free, sublicensable, transferable right and license to use, host, store, reproduce, publish, display, distribute, transmit, modify, adapt, and create derivative works of your Content. This license continues even after termination of this Agreement. You also grant each other user a worldwide, non-exclusive, royalty-free license to access your Content through our Services.

3. Acceptable Use Policy

3.1 Prohibited Conduct

You agree that you will not:

3.2 Investigations

ChatCast reserves the right to investigate possible violations and may immediately terminate your license without prior notice.

4. Third Party Services; App Stores

4.1 Third-Party Websites & Ads

Our Offerings may contain links to third-party websites and advertisements. ChatCast is not responsible for any Third-Party Websites & Ads. You use all links at your own risk.

4.2 App Stores

You agree to comply with all applicable third-party terms of the relevant App Store. These Terms are between you and ChatCast, not with the App Store.

5. Fees and Purchase Terms

5.1 Payment

You agree to pay all fees or charges to your Account in accordance with the fees and billing terms in effect at the time. Except as set forth in these Terms, all fees are non-refundable.

5.2 Taxes

ChatCast's fees are net of any applicable Sales Tax. You will be responsible for payment of such taxes.

5.3 Billing Disputes

You must notify us in writing within seven (7) days of receiving your credit card statement if you dispute any charges. Disputes should be sent to info@chatcast.app.

6. Creator Terms

6.1 Content

You represent and warrant that any Content you upload complies with this Agreement and the law.

6.2 Commission

You may charge other users to view your Content. ChatCast is entitled to a commission that (together with any platform fee) equals fifty percent (50%) of all prices payable by each user.

6.3 Creator Payment

ChatCast shall remit payment of fees owed to you less commission in accordance with its standard payment processes. Contact info@chatcast.app for questions.

6.4 Production Funding

You may be eligible to receive production costs from ChatCast. Any funding will be subject to a separate agreement. Contact info@chatcast.app for details.

7. Release and Indemnification

7.1 Release

To the extent permitted by law, you release ChatCast and its affiliates, officers, employees, agents, partners, suppliers, and licensors (the "ChatCast Parties") from claims, demands, and damages arising out of your use of our Offerings.

7.2 Indemnification

You agree to indemnify and hold ChatCast Parties harmless from any losses, costs, liabilities, and expenses relating to your use of the Offerings, violation of these Terms, or violation of any rights of another party.

8. Disclaimer of Warranties

Our Offerings are provided "AS IS" and "AS AVAILABLE". We expressly disclaim all warranties of any kind, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES.

9. Limitation of Liability

IN NO EVENT SHALL CHATCAST PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES. Under no circumstances will the ChatCast Parties be liable for more than the amount received from your use of our Offerings. If you have not paid ChatCast any amounts, liability shall be limited to fifty dollars ($50 USD).

10. Term and Termination

These Terms remain in effect while you use our Offerings. ChatCast has the right to suspend or terminate any Offering at its sole discretion. If you want to terminate, you may do so by closing your Account and ceasing to use all Offerings. Upon termination, your right to use the Offerings terminates immediately.

11. Privacy

Please review our Privacy Policy for details on how we collect, use, and disclose personal information.

12. Updates and Modifications

These Terms are subject to change at any time. Changes will be effective immediately for new users and thirty (30) days after posting for existing users. Continued use constitutes acceptance.

13. DMCA Notices

ChatCast complies with the Digital Millennium Copyright Act. All DMCA notices and counter-notices must be submitted to dmca@chatcast.app.

14. General Provisions

14.1 Choice of Law and Venue

This Agreement will be governed by the laws of the State of New York.

14.2 Limitations Period

Any cause of action must commence within one (1) year after accrual.

14.3 Arbitration

Claims where the total amount sought is less than $5,000 may be resolved through binding non-appearance-based arbitration. Other disputes shall be determined by JAMS Commercial Arbitration Rules in New York City. By using our Offerings, you agree to these arbitration provisions unless you opt out within thirty (30) days.

14.4 Notice

You may contact ChatCast at: 175 Elm Road, Englewood, NJ. Or email: info@chatcast.app

14.5 Entire Agreement

These Terms are the final, complete, and exclusive agreement of the parties with respect to the subject matter hereof.