Terms of Service

Thank you for using Spreecast! 

Spreecast’s website, products, and services are provided by Spreecast, Inc. These Terms (“Terms”) govern your access to and use of Spreecast’s website, products and services (collectively the “Service”). Please read these Terms carefully, and contact us if you have any questions. By accessing or using our Service, you agree to be bound by these Terms, by our Privacy Policy, found at http://about.spreecast.com/privacy and by our Community Guidelines, found at http://about.spreecast.com/guidelines. The Privacy Policy and Community Guidelines are incorporated herein by reference. If you do not agree to these Terms, Privacy Policy or Community Guidelines, you may not use the Service.

1. Using Spreecast Service

A. Who Can Use Spreecast. You may use our Service only if you can form a binding contract with us and only in compliance with these Terms and all applicable local, national and international laws. In order to access some features of the Service, you will have to create a Spreecast account or authenticate with a third-party authentication service such as Facebook, or Twitter.  When you create your Spreecast account, you must provide us with accurate and complete information. You may never use another user’s account without permission. Any use or access by anyone under the age of 13 is prohibited. If you open an account on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms and bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf.

B. What Constitutes The Service.  These Terms apply to all users of the Service, including any user who is also a contributor of Content on the Service.  Spreecast offers features that enable its users to upload Content.   Some of these features enable multiple users to upload Content to create a single, combined, and jointly created work product (the “Combined Work Product”).  A user who initiates the creation of a Combined Work Product is called a “Creator” while any other user who contributes content to a Combined Work Product is called a “Contributor”. “Content” includes the text, software, scripts, graphics, photos, sounds, music, videos, broadcasts, audiovisual combinations, interactive features, comments, contributions, questions and other materials you may view on, access through, or contribute to the Service. The Service includes all aspects of Spreecast, including but not limited to all products, software and services offered via the Spreecast website such as Spreecast channels, the Spreecast “Embeddable Player,” and other applications.

C. Third Party Links. The Service may contain links to third party websites, advertisers, events, activities, offers, or other entities that are not owned or controlled by Spreecast. Spreecast has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Spreecast will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly relieve Spreecast from any and all liability arising from your use of any third-party website.

D. Account Security. You are solely responsible for the activity that occurs on your account or with your password, and you must keep your account password secure. Please notify Spreecast immediately of any breach of security or unauthorized use of your account. While we work to protect the security of your Content and account, Spreecast cannot guarantee that unauthorized third parties will not be able to defeat our security measures.

E. Our License To You. Subject to these Terms, our policies and guidelines, we grant you a limited, non-exclusive, non-transferable, and revocable license to use our Service. We reserve the right to discontinue any aspect of the Service at any time.

2. Restrictions On Your Use of Spreecast Service

A. Restriction on Distribution. You agree not to distribute in any medium any part of the Service or the Content without Spreecast’s prior written authorization except directly through the Spreecast site, unless Spreecast makes available the means for such distribution through functionality offered by the Service (such as the Embeddable Player).

B. Restriction On Modification. You agree not to alter, modify, build upon or block any portion or functionality of the Service, including but not limited to the Embeddable Player and links from the Embeddable Player back to the Spreecast website.

C. Restriction on Accessing Content.  You agree not to access Content through any technology or means other than the video player pages of the Service itself, the Embeddable Player, or other explicitly authorized means Spreecast may designate.

D. Restriction On Commercial Uses. You agree not to use the Service for any commercial uses unless you obtain Spreecast’s prior written approval. Prohibited commercial uses include, but are not limited to, the following:

  • the sale of access to the Service;
  • the sale of advertising, sponsorships, or promotions placed on or within the Service or Content; or
  • the sale of advertising, sponsorships, or promotions on any page of an ad-enabled blog or website containing Content delivered via the Service or Content created using the Service, unless other material not obtained from Spreecast appears on the same page and is of sufficient value to be the basis for such sales.

Notwithstanding the foregoing, you may use the Service to: (i) create original Content on Spreecast, or maintain an original channel on Spreecast, to promote your business or artistic enterprise; and, (ii) link to Spreecast videos or showing them through the Embeddable Player from an ad-enabled blog or website, subject to the advertising restrictions set forth above in this Section 2.

E. Restriction on Use of Communication Systems. You agree not to use the communication systems provided by the Service (e.g., comments, video chat, email) for any commercial solicitation purposes, nor to solicit, for commercial purposes, any users of the Service with respect to their Content.

F. Restriction on Robots and Automated Attacks.  You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Service in a manner that sends more request messages to the Spreecast servers in a given period of time than a human can reasonably produce in the same period by using a single conventional on-line web browser. Notwithstanding the foregoing, Spreecast grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials and not materials that have a “no index” tag. Spreecast reserves the right to revoke these exceptions either generally or in specific cases.

G. Restriction On Collection Of Data. You agree not to collect or harvest any personally identifiable information, including account names, from the Service.

3. Your Use of Spreecast Content

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content.

A. The Content on the Service, and the trademarks, service marks and logos (“Marks”) on the Service, are owned by or licensed to Spreecast, subject to copyright and other intellectual property rights under the law.

B. Content is provided to you AS IS. You may access Content for your information and personal use solely as intended through the provided functionality of the Service and as permitted under these Terms.

C. You shall not download any Content unless you see a “download” or similar link displayed by Spreecast on the Service for that Content. You shall not copy, reproduce, distribute, transmit, broadcast, retransmit, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of Spreecast or the respective licensors of the Content. Spreecast and its licensors reserve all rights not expressly granted in and to the Service and the Content.

D. You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.

E. If you download Content using a “download” or similar link displayed by Spreecast, you may not serve advertisements against, charge a viewing fee for, or otherwise monetize such Content unless you have entered into a separate written agreement with Spreecast permitting you to do so.

4. Your Content 

A. Submitting Content. As a Spreecast account holder you may submit Content to the Service, including live or prerecorded videos, audio, images, photos, slide decks and user comments. You retain all ownership rights in, and are solely responsible for, the Content you submit to Spreecast. You understand that Spreecast does not guarantee any confidentiality with respect to any Content you submit. If you are a Contributor to a Combined Work Product, you will not control the Content, including determining whether or not it is publicly visible.

B. Responsibility For Your Content. You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to Spreecast all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Service or other use by Spreecast pursuant to these Terms.

C. How Spreecast And Other Users Can Use Your Content. You grant Spreecast and /or any users or other third parties Spreecast allows or designates, a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, store, reproduce, distribute, prepare derivative works of, publicly display, and publicly perform the Content in connection with the Service and Spreecast’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels (including third party channels), and including in connection with any advertising, promotion or other commercial enterprise that Spreecast may choose to include as part of the Service. You further agree that Spreecast and/or any users or other third parties it allows or designates has the exclusive right to distribute a Combined Work Product. You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under these Terms. Nothing in these Terms shall restrict other legal rights Spreecast may have to Content, for example under other licenses. We reserve the right to remove or modify Content for any reason, including Content that we believe violates these Terms or our policies or guidelines.

D. Deactivating or Deleting Content. You may delete or deactivate Content that you upload to the Service, to the extent that such Content is not part of a Combined Work Product.  Only the Creator of a Combined Work Product may deactivate or delete such Combined Work Product or certain Content from such Combined Work Product. If you are a Contributor to a Combined Work Product and want to have the Content you submitted to such Combined Work Product removed from the Service, you must contact the Creator and request that they deactivate or delete the Combined Work Product, which they may do at their discretion. Furthermore, Spreecast reserves the right to remove any Content without prior notice for any or no reason. Following the deactivation, deletion or removal of any Content, the Content licenses granted in Section 4(C) above end, except to the extent the Content has been shared with others, and they have not deleted it, or to the extent such removed Content is part of a highlight reel, clips collection or other type of derivative work. Spreecast may retain server copies of any Content you submit for its internal purposes, even if such Content has been deactivated, deleted or otherwise removed from the Service.

E. Your Responsibility For Your Content To Third Parties.  Spreecast respects the rights of third party creators and content owners, and expects you to do the same. You therefore agree not to post any Content that violates any law or infringes the rights of any third party.

G. No Endorsement. While Spreecast may, at its discretion, promote or otherwise make certain Content more or less visible, Spreecast does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and Spreecast expressly disclaims any and all liability in connection with Content.

H. Feedback You Provide. We value hearing from our users, and are always interested in learning about ways we can make the Service better. If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you.

5. Termination

Spreecast may terminate your account or otherwise suspend your right to use the Service at any time, with or without cause or notice to you. Upon termination or suspension, you continue to be bound by Sections 3-5 and 7-12 of these Terms.

6. Digital Millennium Copyright Act

If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • 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;
  • 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;
  • Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
  • 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
  • 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.

Spreecast’s designated Copyright Agent to receive notifications of claimed infringement is:

CT Corporation System
818 West Seventh Street
Los Angeles, CA 90017
Phone: 213-337-4615
Fax: 213-614-8632
Email: cls-soplateam@wolterskluwer.com
http://ct.wolterskluwer.com/ctcorporation

For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Spreecast customer service through support@spreecast.com. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.

Counter-Notice. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to the Copyright Agent:

  • Your physical or electronic signature;
  • Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
  • A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and

Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in San Francisco, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, Spreecast may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Spreecast’s sole discretion.

7. Warranty Disclaimer

WE TRY TO KEEP SPREECAST UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. The Service and all Content are provided on an “as is” basis without warranty of any kind, whether express or implied.

SPREECAST SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

We take no responsibility and assume no liability for any Content that you or any other user or third party posts or transmits using our Service. You understand and agree that you may be exposed to Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you waive any rights or remedies you may have against Spreecast with respect thereto.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SPREECAST 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 (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OR CONTENT OF USERS OR OTHER THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. FURTHERMORE, YOU AGREE THAT YOU WILL NOT ASSERT ANY “MORAL RIGHTS” OR OTHER SIMILAR RIGHTS RELATING TO THE USE OF YOUR CONTENT. IN NO EVENT SHALL SPREECAST’S AGGREGATE LIABILITY EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. YOU HEREBY EXPRESSLY WAIVE AND RELINQUISH ALL RIGHTS AND BENEFITS UNDER THAT SECTION AND ANY LAW OF ANY JURISDICTION OF SIMILAR EFFECT WITH RESPECT TO THE RELEASE OF ANY UNKNOWN OR UNSUSPECTED CLAIMS YOU MAY HAVE AGAINST SPREECAST, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS.

The Service is hosted and offered by Spreecast from its facilities in the United States of America. Spreecast makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.

9. Indemnity

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Spreecast, 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) all matters related to your use of and access to the Service; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Service.

 

10. Assignment

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Spreecast without restriction.

11. Arbitration

For any dispute you have with Spreecast, you agree to first contact us and attempt to resolve the dispute with us informally. If Spreecast has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. Unless you and Spreecast agree otherwise, the arbitration will be conducted in the county where you reside. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules, except that Spreecast will pay for your reasonable filing, administrative, and arbitrator fees if your claim for damages does not exceed $25,000 and is non-frivolous (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Service. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND SPREECAST ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

12. General

You agree that: (i) the Service shall be deemed solely based in California; and (ii) the Service shall be deemed a passive website that does not give rise to personal jurisdiction over Spreecast, either specific or general, in jurisdictions other than California. These Terms shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. We each agree to submit to the personal jurisdiction of a court of competent jurisdiction located in San Francisco County, California for any action not subject to Section 14 (Arbitration).

These Terms, together with the Privacy Notice at http://about.spreecast.com/privacy and any other legal notices published by Spreecast on the Service, shall constitute the entire agreement between you and Spreecast concerning the Service. If any provision of these Terms 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, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Spreecast’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material, we will notify you, using whatever form and means of notification as we choose, including electronic notice. By continuing to access or use the Service after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, please stop using the Service. YOU AND SPREECAST AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.