Freedocast Terms & Conditions

Introduction

The following Terms & conditions (Terms) are between Freedocast and you (and, if applicable, the company or other legal entity you represent collectively, "you"). These Terms govern your access to and use of Freedocast services, including Freedocast website (located at freedocast.com, the "Site") Freedocast mobile applications (the “App”), Freedocast device for Pro subscribers, customers any related services, aspects, functions, software platforms or derivatives thereof (collectively, the "Service”) and any related videos, live videos, information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Freedocast (collectively referred to as “Content”). Your access to and use of the Services, Content is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services, Content you agree to be bound by these Terms.

Basic idea of the Terms is that while we will take responsibility of what we have created, we ask that you take responsibility for anything you contribute to our Service whether as a content creator or as a viewer. In addition, much like in real life, we ask that you treat others with respect, do not use our Service for anything that would be deemed illegal or obscene.

Basic Terms

You are responsible for your use of the Services, for any Content you post to the Services, and for any consequences thereof. The Content you submit, post, or display will be able to be viewed by other users of the Services and through third party services and websites. You should only provide Content that you are comfortable sharing with others under these Terms.

You may use the Services only if you can form a binding contract with Freedocast and are not a person barred from receiving services under Laws of any Country where the services are operating including that of United States of America or other applicable jurisdiction. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.

The Services that Freedocast provides are always evolving and the form and nature of the Services may change from time to time without prior notice to you. In addition, Freedocast may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.

The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising by Freedocast on the Services are subject to change. In consideration for Freedocast granting you access to and use of the Services, you agree that Freedocast and its subsidiary, third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.

Explicit graphic content includes, but is not limited to, depictions of child abuse, animal abuse, or bodily harm. Freedocast is not for content that is intended to incite violence, or includes a direct and specific threat of violence to others.

Freedocast reserves the right to allow sensitive content when it is artistic, educational, scientific or newsworthy.

Privacy

Any information that you provide to Freedocast (including information you provide with connecting the Services to your social networking service account is subject to our Privacy Policy, which governs our collection and use of your information. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to USA/Europe/India and/or other countries for storage, processing and use by Freedocast. As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your account, which you may not be able to opt-out from receiving.

Registration

In order to access some features of the Service, and to be able to submit Content as a performer, you will have to create a Freedocast account via your mobile number, Facebook®, Twitter® account, using the same information provided to one of these networks.

Passwords

You are responsible for safeguarding the password or credentials that you use to access the Services and for any activities or actions under your account. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols or as recommended on our Freedocast site) with your account and with other accounts that you may connect to your Freedocast account (such as Social Networking Service Accounts or your email). Freedocast cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

Freedocast Platform Subscribers

You are responsible for safeguarding the password or credentials that you use to access the Services and for any activities or actions under your account. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols or as recommended on our Freedocast site) with your account and with other accounts that you may connect to your Freedocast account (such as Social Networking Service Accounts or your email). Freedocast cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

6.1 Special Terms for Freedocast Platform Subscribers

  1. Subscriptions- To use the Freedocast Platform Service, you agree to pay a recurring subscription fee to Freedocast (“Subscription Fee”). Subscriptions renew automatically for successive terms (as selected by you) until cancelled by you as further described below.
  2. Auto-Renewals - You must pay the initial subscription fee prior to using the Freedocast Platform service. By purchasing a subscription to Freedocast Platform service, you agree that, once your subscription expires, your subscription will automatically renew for successive periods of the same duration (e.g., monthly, annual) unless you cancel your subscription. You authorize Freedocast to charge the payment method that our service provider has on file for you to pay for any renewal subscription. You will be billed for the same subscription plan (or the most similar subscription plan, if your prior plan is no longer available) at the then-current subscription fee plus any applicable taxes. If you pay for your subscription monthly, then, depending on your subscription plan, your payments are processed for any renewal subscription every 30 days or on the same date each month. If you pay for your current subscription on an annual basis, then your payments are processed for any renewal subscription on the first day of the renewal term. Additional terms and conditions may apply upon renewal, and subscription fees may change at any time, to the fullest extent permitted by law. You grant Freedocast & Freedocast Service providers the permission to save the card details for recurring payment of your subscription plan amount
  3. Cancellation & Refund policy - You may cancel your subscription to the Freedocast Service at any time, after which we will not renew your subscription. please contact support@freedocast.com to dispute a charge, cancel your subscription, or request a refund. For the avoidance of doubt, you do not have a right of withdrawal, but you may cancel your subscription at any time as described above.
  4. Termination of Service: Freedocast has right to terminate your services in view of violation of Freedocast terms, policies & guidelines
  5. You May Need to Agree to Additional Terms or Agreements. You acknowledge that you may be required to agree to additional or superseding terms or agreements if your subscription is automatically renewed as described above.
  6. Your access to the Freedocast Platform Service will not be established until Freedocast has verified that the credit card or other payment information you provide Freedocast for payment is accurate and that your credit card account or other payment method account is in good standing.
  7. You are required to keep your billing information current, complete and accurate (such as a change in billing address, credit/debit card number or expiration date) and notify Freedocast if your selected payment method is canceled (e.g., for loss or theft). You are responsible for all charges incurred under your account made by you or anyone who uses your account (including your children, family, or friends). You agree to pay any outstanding balance in full within thirty (30) days of purchase of a product or service from Freedocast. Additionally, Freedocast reserves the right to deactivate your account if payment is past due, regardless of the dollar amount. You are responsible for any overdraft fees charged to your payment account.
  8. You are responsible for paying any governmental taxes imposed on your use of the Freedocast Platform Service, including, but not limited to, sales, use or value-added taxes. To the extent Freedocast is obligated to collect such taxes, the applicable tax will be added to your billing account.
  9. Freedocast may impose an additional transaction fee based on transactions associated with Freedocast Platform Service, including a transaction fee applied to purchases from third parties. Such transaction fee will be disclosed to you prior to your agreement to the relevant transaction.
  10. You must pay excess charges when you exceed your Monthly Storage/Bandwidth Limit by 200% at any given point. Your credit card will be charged for the extra usage which is calculated as per your plan. Please see your plan to check the extra charges for storage and bandwidth (Platform Plans). In case the payment is declined your account will be blocked wherein you will not be able to broadcast live videos and the videos will not be available for viewing until the payment is made successfully.
  11. Free trial period - In case you exceed the Bandwidth/Storage limit (as per your plan) during your free trial period, your account will be automatically put on hold. Once your account is on hold, you will not be allowed to use free trial services unless you subscribe to a plan by signing into your account.

6.2 Warranty

Freedocast warrants, to the original purchaser only, that the Goods will be free from defects in materials and workmanship under normal and proper usage for a period of one (1) year from the date of purchase. Freedocast makes no other express or implied warranty whatsoever unless specifically agreed in writing.

  1. Freedocast's obligations under this warranty and the sole remedy for its breach are limited to repair, at its manufacturing facility, of any part or parts of its products which prove to be defective; or, in its sole discretion, replacement of such products. All returns of defective parts or products must include the product model number and serial number. Authorized returns must be shipped prepaid. The warranty provided herein does not cover charges for labor or other costs incurred in the troubleshooting, repair, removal, installation, service or handling of parts or complete products. All claims under the warranty provided herein must be made within thirty (30) days from the date of discovery of the defect, and is further subject to the terms and conditions set forth below. Failure to notify Company of a warranted defect within thirty (30) days of its discovery voids Freedocast's obligations hereunder.
  2. The warranty cannot be assigned, except with the prior written agreement of the Company.
  3. Goods claimed defective must be returned to the Freedocast or its authorized agent, freight pre-paid.
  4. If any defective Goods (or part) has been superseded and cannot be repaired, replacement will be made with a current model of the same quality and equivalent function.
  5. This warranty does not cover any damage, defects or costs caused by: (1) modification, alteration, repair or service of the Goods by anyone other than Freedocast or its authorized representative; (2) physical abuse to, overload of, or misuse of, the Goods, or operation of the Goods in a manner contrary to the instructions accompanying the Goods; (3) any use of the Goods other than that for which it was intended, misuse, neglect, accident, improper or inadequate maintenance, corrosive environments, environments containing airborne contaminants (silicone, aluminum oxide, etc.), or excessive thermal shock; (4) shipment of the Goods to Freedocast for service; any installation or operation of the Goods other than in compliance with applicable building, mechanical, plumbing and electrical codes. This warranty is voided if the serial number of the product has been altered, defaced or removed.
  6. Freedocast is not liable for special, incidental or consequential damages, including, but not limited to, personal injury, property damage, damage to or loss of equipment, lost profits or revenue, costs of renting replacements and other additional expenses, even if Freedocast has been advised of the possibility of such damages. any express warranty not provided herein, and any remedy which, but for the warranty contained herein, that might arise by implication or operation of law is hereby excluded and disclaimed including the implied warranties of merchantability and of fitness for a particular purpose.
  7. The warranty period will commence on the date of delivery to you of the Goods.
  8. Freedocast guarantees any repairs undertaken by the Freedocast for a period of three (3) months from the date you are notified that the repair has been completed. This guarantee covers only the specific repairs carried out by the Company and does not extend the warranty period as to the Goods otherwise.

6.3 Returns

  1. You must carefully examine the Goods immediately upon receipt and notify Freedocast in writing of any defects within 7 calendar days of delivery, upon which Freedocast will advise you of what to do with the Goods
  2. If you do not notify Freedocast of any defects in accordance with clause (i) of 5.3 you will be deemed to have accepted the Goods. Freedocast will only accept returns of faulty or damaged Goods where the defect has been notified to the Company in accordance with clause (i) of 5.3.

6.4 Dispatch and Delivery

  1. Freedocast will deliver on the dates agreed, but delivery dates cannot be guaranteed and time of delivery is not of the essence of the Contract.
  2. Freedocast will deliver by the method of its choice unless otherwise agreed to the address specified by you.
  3. Any failure by Freedocast to make any one delivery shall not entitle you to terminate the Contract as to any remaining deliveries.

Content on Freedocast

All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may, but are not required to monitor or control the Content posted via the Services and we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.

We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will Freedocast be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or 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 Services or broadcast elsewhere.

We may offer you the opportunity to invite your friends or contacts to view your streams or otherwise enjoy the Services. If you choose to invite one or more of your friends or contacts using text messaging (SMS), we may suggest content for the message. You may be able to edit that suggested content, and if you choose to send text message invitations, those messages will be sent from the native SMS application on your device. If you do choose to send such invitations, you represent to Freedocast that the recipients of such invitations have consented to receive such messages from you, and that those recipients do not consider such messages unwanted or unsolicited.

Rights in Content Granted by You

You retain your rights to any Content you submit, post or display on or through the Services. In order to make the Services available to you and other users, Freedocast needs a license from you. By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).

You agree that this license includes the right for Freedocast to provide, promote, and improve the Services and to make Content submitted to or through the Services available to other companies, organizations or individuals who partner with Freedocast for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use. Such additional uses by Freedocast, or other companies, organizations or individuals who partner with Freedocast, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services.

We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.

You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and our third party partners. You understand that your Content may be syndicated, broadcast, distributed, or published by our partners and if you do not have the right to submit Content for such use, it may subject you to liability. Freedocast will not be responsible or liable for any use of your Content by Freedocast in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit. You also represent and warrant that neither your Content, nor your use and provision of your Content to be made available through the Services, nor any use of your Content by Live on Air on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Rights in Content Granted by Freedocast

Subject to your compliance with these Terms, Freedocast grants you a limited, non-exclusive, non-transferable license to access and view the Content posted by other users via the Services solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.

Your License to Use Freedocast

Freedocast gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by Freedocast as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Freedocast, in the manner permitted by these Terms.

Freedocast Rights

All rights, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of YuppTV USA Inc., (brand Freedocast) and its licensors. The Services are protected by copyright, trademark, and other laws of both USA and foreign countries. Freedocast reserves all rights not expressly granted in these Terms. You acknowledge and agree that any feedback, comments, or suggestions you may provide regarding Freedocast, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

Restrictions on Content and Use of the Services

We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services and to suspend and or terminate users or reclaim usernames without liability to you.

You may NOT post content that:

  • Is explicitly graphic content or media that is intended to incite violent, illegal or dangerous activities
  • Violates the rights of a third party, including copyright, trademark, privacy, and publicity rights
  • Promotes discrimination, hatred or harm against any individual or group
  • Is a direct and specific threat of violence to others
  • Is defamatory, obscene or pornographic
  • Is furtherance of illegal activities or
  • Is harassing, abusive, or constitutes spam.
  • Is generally considered against interest of public or promoting enmity with people or violative or any law, rule, code, regulations or any other Government order in any jurisdiction where the Services of Freedocast is made available.

In addition to the above mentioned restrictions you must comply with the Freedocast Community Guidelines.

We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Freedocast , its users and the public. Freedocast does not disclose personally identifying information to third parties except in accordance with our Privacy Policy.

You may not do any of the following while accessing or using the Services:

  • access, tamper with, or use non-public areas of the Services, Freedocast's computer systems,devices or the technical delivery systems of Freedocast providers
  • probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures
  • access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Freedocast (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Freedocast (NOTE: scraping the Services without the prior consent of Freedocast is expressly prohibited)
  • forge any TCP/IP packet header or any part of the header information in any posting, upload of content or email or in any way use the Services to send altered, deceptive or false source-identifying information
  • interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.
  • use, display, mirror or frame the Services or any individual element within the Services, Freedocast’s name, any Freedocast trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Freedocast’s express written consent
  • avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Freedocast or any of Freedocast’s providers or any other third party (including another user) to protect the Services or Content
  • attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Freedocast or other generally available third-party web browsers
  • send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation
  • use any meta tags or other hidden text or metadata utilizing a Freedocast trademark, logo URL or product name without Freedocast’s express written consent
  • use the Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms
  • attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content
  • interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services
  • collect or store any personally identifiable information from the Services from other users of the Services without their express permission
  • violate any applicable law or regulation or
  • encourage or enable any other individual to do any of the foregoing.

DMCA/Copyright Policy

Freedocast respects copyright law and expects its users to do the same. It is Freedocast’s policy to terminate in appropriate circumstances Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see Freedocast’s Copyright Policy, for further information.

Ending These Terms

The Terms will continue to apply until terminated by either you or Freedocast as follows.

You may end your legal agreement with Freedocast at any time for any reason by deactivating your accounts and discontinuing your use of the Services. In order to deactivate your account, please contact us at support@freedocast.com .

We may suspend or terminate your accounts or cease providing you with all or part of the Services at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms, (ii) you create risk or possible legal exposure for us or (iii) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or through the Services the next time you attempt to access your account.

In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services, except that the following sections shall continue to apply: 6,7, 9,10,12, 13, 14,15 and 16.

Nothing in this section shall affect Freedocast’s rights to change, limit or stop the provision of the Services without prior notice, as provided above in section 1.

Indemnity

You will indemnify and hold harmless Freedocast and its officers, directors, employee and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Services or Content, (ii) your Content, or (iii) your violation of these Terms.

Disclaimers and Limitations of Liability

A. The Services are Available "AS-IS"

Your access to and use of the Services or any Content is at your own risk. You understand and agree that the Services is provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, Freedocast entities disclaim all warranties and conditions, whether express or implied, of merchantability, fitness for a particular purpose, or non-infringement.

Freedocast Entities make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Freedocast Entities or through the Services, will create any warranty not expressly made herein.

B. Links

The Services may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Freedocast Entities of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

C. Limitation of Liability

To the maximum extent permitted by applicable law, the Freedocast entities shall not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, good-will, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the services; (ii) any conduct or content of any third party on the services, including without limitation, any defamatory, offensive or illegal conduct of other users or third parties; (iii) any content obtained from the services; or (iv) unauthorized access, use or alteration of your transmissions or content.

In no event shall the aggregate liability of the Freedocast entities exceed the greater of one hundred U.S dollars (US $100) or the amount you paid Freedocast, if any, in the past six months for the services giving rise to the claim.

The limitations of this subsection shall apply to any theory of liability, whether based on warranty, contract, statute, tort (including negligence) or otherwise, and whether or not the Freedocast entities have been informed of the possibility of any such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Dispute Resolution

Governing Law

These Terms and any action related thereto will be governed by the law's of United States of America and/or Indian Laws without regard to its conflict of law's provisions.

General Terms

The failure of Freedocast to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. You may not assign or transfer these Terms, by operation of law or otherwise, without Freedocast’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Freedocast may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Any notices or other communications provided by Freedocast under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

These Terms and our Privacy Policy are the entire and exclusive agreement between Freedocast and you regarding the Services (excluding any services for which you have a separate agreement with Freedocast that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between Freedocast and you regarding the Services and Content.

We may revise these Terms from time to time. If the revision, in our sole discretion, is material we will notify you via email to the email associated with your account or through the Services. If you do not wish to be bound by any such revisions to the Terms, you must end these Terms with us as set forth in Section 12 above. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.

Last Updated: 14th Dec’2016