PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES OFFERED BY AWCAST.COM LLC . USE OF THIS SITE CONSTITUTES ACCEPTANCE OF THESE TERMS OF USE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF USE, DO NOT ENGAGE THIS WEBSITE OR THIS SERVICE, AND YOU WILL NOT HAVE ANY RIGHT TO USE THE SERVICES OFFERED BY AWCAST.COM LLC. AWCAST.COM LLC'S FURNISHING SERVICES TO YOU ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR AGREEING TO ALL THE TERMS AND CONDITIONS OF THESE TERMS OF USE. IF THESE TERMS OF USE ARE CONSIDERED AN OFFER BY AWCAST.COM LLC, AWCAST.COM LLC'S ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.
This website provides live video streaming, video archives, and other services, all of which are provided free to users. Because the service is free, users must agree that the service is provided "as is", without any warranty express or implied, and that AWCAST.COM LLC will have no liability or responsibility to any user in connection with the services provided at AWCAST.COM LLC, as more fully described below.
1. Use of AWCAST.COM LLC Website
These Terms of Use apply to all users of the AWCAST.COM LLC Website, including
users who are also contributors of audio and video content, information, and
other materials or services on the Website. The AWCAST.COM LLC Website may contain
links to third party websites that are not owned or controlled by AWCAST.COM LLC. AWCAST.COM LLC
has no control over, and assumes no responsibility for, the content, privacy
policies, or practices of any third party websites. In addition, AWCAST.COM LLC will
not and cannot censor or edit the content of any third-party site. By using
the Website, you expressly relieve AWCAST.COM LLC from any and all liability arising
from your use of any third-party website. Accordingly, we encourage you to be
aware when you leave the AWCAST.COM LLC Website and to read the terms and conditions
and privacy policy of each other website that you visit. In addition you agree
that AWCAST.COM LLC can and will on occasion send information emails to it's signups.
2. Website Access
A. AWCAST.COM LLC hereby grants you permission to use the Website as set forth
in these Terms of Use provided that: (i) your use of the Website as
permitted is solely for your personal, noncommercial use; commercial
content can be displayed by prior written authorization by AWCAST.COM LLC
ONLY (ii) you will not copy or distribute any part of the Website in any
medium without AWCAST.COM LLC's prior written authorization; (iii) 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; and (iv) you will
otherwise comply with the terms and conditions of these Terms of Use.
B. In order to access some features of the Website, you will have to
create an account. You may never use another's account without permission.
When creating your account, you must provide accurate and complete
information. You are solely responsible for the activity that occurs on
your account, and you must keep your account password secure. You must
notify AWCAST.COM LLC immediately of any breach of security or unauthorized
use of your account. Although AWCAST.COM LLC will not be liable for your losses
caused by any unauthorized use of your account, you will be responsible
for the losses of AWCAST.COM LLC or others due to such unauthorized use.
C. 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 AWCAST.COM LLC 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, AWCAST.COM LLC
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. AWCAST.COM LLC 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.
3. Intellectual Property Rights
The content on the AWCAST.COM LLC Website, except all User Submissions (as
defined below), including without limitation, the text, software, scripts,
graphics, photos, sounds, music, videos, interactive features and the
like ("Content") and the trademarks, service marks and logos
contained therein ("Marks"), are owned by or licensed to AWCAST.COM LLC
subject to copyright and other intellectual property rights under United
States and foreign laws and international conventions. Content on the
Website is provided to you AS IS for your information and personal use
only and may not be used, copied, reproduced, distributed, transmitted,
broadcast, displayed, sold, licensed, or otherwise exploited for any other
purposes whatsoever without the prior written consent of the respective
owners. AWCAST.COM LLC reserves all rights not expressly granted in and to the
Website and the Content. You agree to not engage in the use, copying, or
distribution of any of the Content other than expressly permitted herein,
including any use, copying, or distribution of User Submissions of third
parties obtained through the Website for any commercial purposes. If you
download or print a copy of the Content for personal use, you must retain
all copyright and other proprietary notices contained therein. You agree
not to circumvent, disable or otherwise interfere with security related
features of the AWCAST.COM LLC Website or features that prevent or restrict
use or copying of any Content or enforce limitations on use of the
AWCAST.COM LLC Website or the Content therein.
4. User Submissions
A. The AWCAST.COM LLC Website may now or in the future permit the submission
of audio or videos or other communications submitted by you and other
users ("User Submissions") and the hosting, sharing, and/or
publishing of such User Submissions. You understand that whether or not
such User Submissions are published, AWCAST.COM LLC does not guarantee any
confidentiality with respect to any submissions.
B. You shall be solely responsible for your own User Submissions and the
consequences of posting or publishing them. In connection with User
Submissions, you affirm, represent, and/or warrant that: (i) you own or
have the necessary licenses, rights, consents, and permissions to use
and authorize AWCAST.COM LLC to use all patent, trademark, trade secret,
copyright or other proprietary rights in and to any and all User
Submissions to enable inclusion and use of the User Submissions in the
manner contemplated by the Website and these Terms of Use; and (ii) you
have the written consent, release, and/or permission of each and every
identifiable individual person in the User Submission to use the name or
likeness of each and every such identifiable individual person to enable
inclusion and use of the User Submissions in the manner contemplated by
the Website and these Terms of Use. For clarity, you retain all of your
ownership rights in your User Submissions. However, by submitting the
User Submissions to AWCAST.COM LLC, you hereby grant AWCAST.COM LLC a worldwide,
non-exclusive, royalty-free, sublicenseable and transferable license to
use, reproduce, distribute, prepare derivative works of, display, and
perform the User Submissions in connection with the AWCAST.COM LLC Website
and AWCAST.COM LLC's (and its successor's) business, including without limitation
for promoting and redistributing part or all of the AWCAST.COM LLC Website
(and derivative works thereof) in any media formats and through any media
channels. You also hereby grant each user of the AWCAST.COM LLC Website a
non-exclusive license to access your User Submissions through the Website,
and to use, reproduce, distribute, prepare derivative works of, display
and perform such User Submissions as permitted through the functionality
of the Website and under these Terms of Use. The foregoing license
granted by you terminates once you remove or delete a User Submission
from the AWCAST.COM LLC Website; however AWCAST.COM LLC will have no liability for
inadvertent use of such a User Submission, although it will use reasonable
efforts to correct any errors after receiving written notice.
C. In connection with User Submissions, you further agree that you will
not: (i) submit material that is copyrighted, protected by trade secret
or otherwise subject to third party proprietary rights, including privacy
and publicity rights, unless you are the owner of such rights or have
permission from their rightful owner to post the material and to grant
AWCAST.COM LLC all of the license rights granted herein; (ii) publish
falsehoods or misrepresentations that could damage AWCAST.COM LLC or any
third party; (iii) submit material that is unlawful, obscene, defamatory,
libelous, threatening, pornographic, harassing, hateful, racially or
ethnically offensive, or encourages conduct that would be considered a
criminal offense, give rise to civil liability, violate any law, or is
otherwise inappropriate; (iv) post advertisements or solicitations of
business: (v) impersonate another person. AWCAST.COM LLC does not endorse any
User Submission or any opinion, recommendation, or advice expressed
therein, and expressly disclaims any and all liability in connection with
User Submissions. AWCAST.COM LLC does not permit copyright infringing activities
and infringement of intellectual property rights on its Website, and will
remove all Content and User Submissions if properly notified that such
Content or User Submission infringes on another's intellectual property
rights. AWCAST.COM LLC reserves the right to remove Content and User Submissions
without prior notice. AWCAST.COM LLC will also terminate a User's access
to its Website, if the user is determined to be a repeat infringer.
A repeat infringer is a User who has been notified of infringing
activity more than twice and/or has had a User Submission removed from
the Website more than twice. AWCAST.COM LLC also reserves the right to decide
whether Content or a User Submission is appropriate and complies with
these Terms of Use and to determine violations other than copyright
infringement and violations of intellectual property law, such as, but not
limited to, pornography, obscene or defamatory material, or excessive
length. AWCAST.COM LLC may remove such User Submissions and/or terminate a
User's access for uploading such material in violation of these Terms of
Use at any time, without prior notice and at its sole discretion. AWCAST.COM LLC
reserves the right to remove any Content or User Submission for Any Reason
at Any Time without prior notice and at its sole discretion.
D. Any copyright owner or an agent thereof who believes that any User
Submission or other content infringes upon copyrights, you may submit a
notification pursuant to the Digital Millennium Copyright Act
("DMCA") by providing AWCAST.COM LLC's Copyright Agent with the
following information in writing (see 17 U.S.C 512(c)(3) for further
detail):
(i) A physical or electronic signature of a person authorized to act on
behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed,
or, if multiple copyrighted works at a single online site are covered by a
single notification, a representative list of such works at that site;
(iii) Identification of the material that is claimed to be infringing or
to be the subject of infringing activity and that is to be removed or
access to which is to be disabled and information reasonably sufficient
to permit the service provider to locate the material;
(iv) Information reasonably sufficient to permit the service provider to
contact you, such as an address, telephone number, and, if available, an
electronic mail;
(v) A statement that you have a good faith belief that use of the material
in the manner complained of is not authorized by the copyright owner,
its agent, or the law; and
(vi) A statement that the information in the notification is accurate,
and under penalty of perjury, that you are authorized to act on behalf of
the owner of an exclusive right that is allegedly infringed.
AWCAST.COM LLC's designated Copyright Agent to receive notifications of claimed
infringement is: Bryan Simons, 217 West Main St. Cut Bank Montana,
59427 - email: legal@awcast.com, fax: 406-873-2695. For clarity, only
DMCA notices should go to the Copyright Agent. You acknowledge that if you
fail to comply with all of the requirements of this Section 4(D), your
DMCA notice may not be valid.
E. You understand that when using the AWCAST.COM LLC Website, you will be
exposed to User Submissions from a variety of sources, and that AWCAST.COM LLC
is not responsible for the accuracy, usefulness, safety, or intellectual
property rights of or relating to such User Submissions. You further
understand and acknowledge that you may be exposed to User Submissions
that are inaccurate, offensive, indecent, or objectionable, and you agree
to waive, and hereby do waive, any legal or equitable rights or remedies
you have or may have against AWCAST.COM LLC with respect to your submissions
and other User Submissions, and agree to indemnify and hold AWCAST.COM LLC,
its Owners/Operators, affiliates, employees, directors, and licensors,
harmless to the fullest extent allowed by law regarding all matters
related to your use of the site.
F. AWCAST.COM LLC permits you to link to materials on the AWCAST.COM LLC
website for personal, non-commercial purposes only. AWCAST.COM LLC
prohibits any links or "Embeddable Player" feature, from being
incorporated into your own personal, commercial or non-commercial websites
for use in accessing the materials. AWCAST.COM LLC reserves the right to
discontinue any aspect of the AWCAST.COM LLC Website at any time.
G. You hereby acknowledge and agree that AWCAST.COM LLC will not be liable for
any temporary delay, outages or interruptions of the Services. Further,
AWCAST.COM LLC shall not be liable for any delay or failure to perform its
obligations under this Agreement, where such delay or failure results
from any act of God or other cause beyond its reasonable control
(including, without limitation, any mechanical, electronic, communications
or third-party supplier failure).
5. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE AWCAST.COM LLC WEBSITE SHALL BE AT YOUR SOLE
RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, AWCAST.COM LLC, ITS OFFICERS,
DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR
IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. AWCAST.COM LLC
MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS
OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE
AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES,
OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF
ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR
WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS
AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION
STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR
FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH
MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR
(V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF
ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED,
TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE AWCAST.COM LLC WEBSITE.
AWCAST.COM LLC DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY
FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH
THE AWCAST.COM LLC WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY
BANNER OR OTHER ADVERTISING, AND AWCAST.COM LLC WILL NOT BE A PARTY TO OR IN
ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND
THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A
PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD
USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
6. Limitation of Liability
IN NO EVENT SHALL AWCAST.COM LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS,
BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE,
OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS,
MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY
DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF
OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS
AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED
THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR
WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE
TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY
ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND
INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED,
TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE AWCAST.COM LLC WEBSITE,
WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY,
AND WHETHER OR NOT THE AWCAST.COM LLC IS ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST
EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT AWCAST.COM LLC SHALL NOT BE LIABLE FOR USER
SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD
PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY
WITH YOU.
The Website is controlled and offered by AWCAST.COM LLC from its facilities in
the United States of America. AWCAST.COM LLC makes no representations that the
AWCAST.COM LLC Website is appropriate or available for use in other
locations. Those who access or use the AWCAST.COM LLC Website from other
jurisdictions do so at their own volition and risk, and are responsible
for compliance with local law.
7. Indemnity
You agree to defend, indemnify and hold harmless AWCAST.COM LLC, its affiliates,
officers, directors, employees and agents, from and against any and all
claims, damages, obligations, losses, liabilities, costs or debt,
and expenses (including but not limited to attorney's fees) arising from:
(i) your use of and access to the AWCAST.COM LLC Website; (ii) your
violation of any term of these Terms of Use; (iii) your violation of any
third party right, including without limitation any copyright, property, or
privacy right; or (iv) any claim that one of your User Submissions caused
damage to a third party. This defense and indemnification obligation will
survive these Terms of Use and your use of the AWCAST.COM LLC Website.
8. Ability to Accept Terms of USE
You affirm that you are either more than 18 years of age, or an emancipated
minor, or possess legal parental or guardian consent, and are fully able
and competent to enter into the terms, conditions, obligations,
affirmations, representations, and warranties set forth in these Terms of
Use, and to abide by and comply with them. You also affirm that you are
over the age of 13, as the AWCAST.COM LLC Website is not intended for
children under 13. (If you are under 13 years of age, then please do not
use the AWCAST.COM LLC Website.
9. Assignment
These Terms of Use, and any rights and licenses granted hereunder, may
not be transferred or assigned by you, but may be assigned by AWCAST.COM LLC
without restriction.
10. General
You agree that: (i) the AWCAST.COM LLC Website shall be deemed solely based
in Massachusetts; and (ii) the AWCAST.COM LLC Website shall be deemed a
passive website that does not give rise to personal jurisdiction over
AWCAST.COM LLC, either specific or general, in jurisdictions other than
Massachusetts. These Terms of Use shall be governed by the internal
substantive laws of the Commonwealth of Massachusetts, without respect to
its conflict of laws principles. Any claim or dispute between you and
AWCAST.COM LLC that arises in whole or in part from the AWCAST.COM LLC Website
shall be decided exclusively by a court of competent jurisdiction located
in the Eastern District of Massachusetts. These Terms of Use, together with
the Privacy Notice at AWCAST.COM LLC and any other legal notices published
by AWCAST.COM LLC on the Website, shall constitute the entire agreement between you
and AWCAST.COM LLC concerning the AWCAST.COM LLC Website. If any provision of these
Terms of Use is deemed invalid by a court of competent jurisdiction, the
invalidity of such provision shall not affect the validity of the remaining
provisions of these Terms of Use, which shall remain in full force and
effect. No waiver of any term of this these Terms of Use shall be deemed a
further or continuing waiver of such term or any other term, and AWCAST.COM LLC's
failure to assert any right or provision under these Terms of Use shall
not constitute a waiver of such right or provision. AWCAST.COM LLC reserves the
right to amend these Terms of Use at any time and without notice, and it
is your responsibility to review these Terms of Use for any changes.
Your use of the AWCAST.COM LLC Website following any amendment of these
Terms of Use will signify your assent to and acceptance of its revised
terms. YOU AND AWCAST.COM LLC AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR
RELATED TO THE AWCAST.COM LLC WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR
AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS
PERMANENTLY BARRED.