Terms of Use

 1. ACCEPTANCE OF TERMS:

Thank you for your interest in BoxCast Inc. (hereinafter, “BoxCast”, “we” or “us”). These Terms of Use establish the terms to which you agree, and by which you will be legally bound (to the extent permitted by law), when you use any website or mobile application that we own, license, or otherwise operate and that links to these Terms of Use, including but not limited to www.boxcast.com and the Broadcaster mobile application (each, a “Site”), purchase or receive services from BoxCast, apply for a job with BoxCast, or otherwise contact or engage with us. For purposes of these Terms of Use, (i) the Sites and services furnished by BoxCast shall be referred to collectively as the “Services”, and  (ii) “use” of the Services includes without limitation broadcasting, visiting, browsing, clicking on links within, and accessing video, audio, text, software, scripts, graphics, photos, sounds, music, audiovisual combinations, interactive features, files, media, and other materials offered via, or contributed by you or a third party to, a Site (the “Content”), whether as a broadcaster or viewer or as a guest or registered user.  

Please read these Terms of Use carefully before you use the Services. If you do not agree to these Terms of Use or do not intend to be so bound, you should discontinue use of the Services (or, if the option is made available to you, do not click to agree or proceed). You represent and warrant to BoxCast that you are of legal age to form a binding contract with BoxCast and you otherwise have the full right, power, authority and capacity to enter into, and to fully perform your obligations according to, these Terms of Use.

Additional terms and conditions (“Additional Terms”) also may apply to specific products, services or features made available by BoxCast. The Additional Terms (as applicable) are hereby incorporated by this reference into these Terms of Use.  In the event of a conflict between any Additional Terms and these Terms of Use, the Additional Terms shall prevail.

2. MODIFICATIONS OF TERMS OF USE:

BoxCast reserves the right, in its sole discretion, to modify or replace any of the provisions set forth in these Terms of Use at any time in its sole discretion. All modifications are effective immediately when posted and apply to all use of the Services thereafter. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Services following the posting of any changes to these Terms of Use constitutes acceptance of and agreement to such changes.

 
3. REGISTRATION; PRIVACY:

To access the Services, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide on the Services is correct, current and complete. You agree that all information you provide to register with a Site or otherwise, including but not limited to through the use of any interactive features on such Site, is governed by the BoxCast Privacy Policy (the “Privacy Policy"), and you consent to all actions BoxCast takes with respect to your information consistent with the Privacy Policy. By disclosing any personal information to BoxCast, you expressly represent that you have the full right and authority to disclose that information in accordance with the Privacy Policy. If you choose, or if you are provided with, a username, password or any other piece of information as part of the Site’s security procedures, you must treat such information as confidential, and you must not disclose it to any third party. You agree to notify BoxCast immediately of any unauthorized access to your account, username or password, or of any other breach of security involving a Site. BoxCast has the right to disable any username, password or other identifier, whether chosen by you or provided by BoxCast, at any time if, in BoxCast’s opinion, you have violated any provision of these Terms of Use.

 
4. CODE OF USER CONDUCT:

You agree that you are solely responsible for your own conduct with respect to the Services and for any consequences thereof. Moreover, you agree to use the Services only for purposes that are legal, proper and in accordance with these Terms of Use and with any other applicable laws, regulations, policies, or guidelines. You are prohibited from using the Services for certain activities, including:

  • Using the Services for any illegal, infringing, or any other unauthorized purpose;
  • Restricting or inhibiting any other user from using and enjoying the Services;
  • Using a Site in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party’s use of the Services;
  • Removing any copyright, trademark or other proprietary rights notices contained in or on a Site;
  • Interfering with or disrupting a Site or servers or networks connected to the Site, or disobeying any requirements, procedures, policies or regulations of networks connected to the Services;
  • Introducing any viruses, worms, defects, Trojan horses, or other malicious or technologically harmful items;
  • Creating an account for competitive analysis of BoxCast;
  • Attempting to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which a Site is stored, or any server, computer or database connected to the Services;
  • Attacking a Site via a denial-of-service attack or a distributed denial-of-service attack; or
  • Otherwise attempting to interfere with the proper working of the Services.
 
5. CONTENT:

The Services may contain interactive features ("Interactive Services") that allow users or other third parties to broadcast, upload, post, browse, submit, publish, display or transmit to other parties Content on, from or through the Site. All Content must comply with the Content Standards set forth in Section 6 below. Any Content you post to the Services will be considered non-confidential and non-proprietary. By providing any Content on the Services, you grant BoxCast and its affiliates and service providers, and each of their respective licensees, successors and assigns the right to broadcast, use, exploit, reproduce, modify, perform, display, distribute, resell, create derivative works, and otherwise disclose to third parties the Content, or any portion thereof, for any purpose. You represent and warrant that:

  • You own or control all rights in and to the Content, including without limitation, all intellectual property and privacy rights, and have the right to grant the rights and licenses granted herein to BoxCast and its affiliates and service providers, and each of their and its respective licensees, successors and assigns; and
  • All of your Content does and will comply with these Terms of Use.

Any user who submits Content on, from, or through the Services maintains full authorship media rights to such Content. Notwithstanding the foregoing, you acknowledge and agree that by providing Content to the Service, you grant full media distribution rights to BoxCast to broadcast, distribute, resell, and otherwise disseminate the Content, or any portion thereof, for any purpose, including, but not limited to, live and recorded streaming on the Internet, statistical analysis, and promotional materials. You understand and agree that network disruptions may affect the ability to reliably record streamed video. BoxCast shall not be liable to you or to any third party for any such network disruptions that may prevent the delivery of video via the Services. You further agree not to hold BoxCast responsible for any third party server outages and authorize BoxCast to initiate device upgrades and system diagnostics remotely in an effort to ensure device up-time and broadcast quality.

You understand and agree that you are responsible for any Content you submit or contribute, and you have full responsibility for such Content, including its legality, reliability, accuracy and appropriateness. BoxCast is not responsible or liable to you or to any third party for the Content or accuracy of any Content posted by you or any other user of the Services. You agree that BoxCast has the right, but not the obligation, to:

  • Remove or refuse to post any Content for any or no reason, in its sole discretion;
  • Take any action with respect to any Content that BoxCast deems necessary or appropriate in its sole discretion, such as if BoxCast believes that such Content violates the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public, or could create liability for BoxCast;
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or data protection rights;
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services; and
  • Terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, BoxCast has the right to fully cooperate with any law enforcement authorities or court order requesting or directing it to disclose the identity or other information of anyone posting any materials on or through the Services. YOU WAIVE AND HOLD HARMLESS BOXCAST AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS.

BoxCast may prescreen Content, however, BoxCast cannot review all Content before it is posted via the Services, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, BoxCast assumes no liability for any action or inaction regarding transmissions, communications or Content provided by any user or third party.

 
6. CONTENT STANDARDS:

These standards apply to any and all Content and use of Interactive Services. Content must in its entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, Content must not:

  • Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable;
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, age, or other protected class;
  • Exploit, harm or attempt to exploit or harm minors in any way by exposing them to inappropriate Content, asking for personally identifiable information, or otherwise;
  • Violate the terms of the CAN-SPAM Act of 2003 that is intended to combat unwanted email, or SPAM, specifically communications whose primary purpose is advertising or promoting a commercial product or service, including Content on a Site;
  • Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person;
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and the Privacy Policy;
  • Be likely to deceive any person;
  • Promote any illegal activity, or advocate, promote or assist any unlawful act;
  • Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person;
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization;
  • Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising; or
  • Give the impression that they emanate from or are endorsed by BoxCast or any other person or entity, if this is not the case.

7. COPYRIGHT POLICY

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Services infringes on the copyright or other intellectual property rights ("Infringement") of any person or entity. If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to dmca@boxcast.com, with the subject line: "Copyright Infringement" and include in your claim a detailed description of the alleged Infringement as detailed below, under "DMCA Notice and Procedure for Copyright Infringement Claims". You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Services on your copyright.

DMCA Notice and Procedure for Copyright Infringement Claims

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):

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest;
  • a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
  • identification of the URL or other specific location on the Services where the material that you claim is infringing is located;
  • 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.

You may contact our Copyright Agent at:

Copyright Manager
BoxCast Inc.
2401 West Superior Viaduct
Cleveland, OH 44113
Phone: 888-392-2278
 
8. LINKS; THIRD PARTY PRODUCTS

The Services may permit you to link to other websites or resources on the Internet, and such other websites or resources may contain links to the Services. When you access third-party websites or resources, you do so at your own risk. Third-party sites are not under BoxCast’s control, and as such, BoxCast is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such third-party site or resources. The inclusion of any such link does not imply endorsement by BoxCast or any association with its operators. You acknowledge and agree that BoxCast shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such third-party site or resource.

BoxCast may from time to time make certain products or services provided by third parties, which may be used with or incorporated into the Service, such as open-source software, or other third-party software or services (collectively, “Third-Party Products"), available to you. Third-Party Products are subject to their own terms and conditions and flow through provisions, as applicable. If you do not agree to abide by the applicable terms for any such Third-Party Products, then you should not install or use such Third-Party Products. BoxCast has no liability with respect to your procurement or use of Third-Party Products.

 
9. DISCLAIMERS:

You understand that BoxCast cannot and does not guarantee or warrant that files available for downloading from the Internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Services for any reconstruction of any lost data. BOXCAST WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER OR DEVICE EQUIPMENT, SOFTWARE PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO (i) YOUR USE OF THE SERVICES, CONTENT, THIRD-PARTY PRODUCTS, OR OTHER ITEMS ACCESSED OR OBTAINED THROUGH THE SERVICES OR (ii) YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE SERVICES, OR ON ANY SITE LINKED TO IT, INCLUDING THIRD-PARTY PRODUCTS.

YOUR USE OF THE SERVICES, ITS CONTENT, THIRD-PARTY PRODUCTS, AND ITEMS ACCESSED OR OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, ITS CONTENT, THIRD-PARTY PRODUCTS, AND/OR ITEMS ACCESSED OR OBTAINED THROUGH THE SERVICES ARE PROVIDED BY BOXCAST ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS EXPRESSLY PROVIDED HEREIN, ALL WARRANTIES, WHETHER ORAL OR WRITTEN, EXPRESS, OR IMPLIED OR CONTRACTUAL OR STATUTORY, ARE EXPRESSLY DISCLAIMED BY BOXCAST. BOXCAST DOES NOT REPRESENT, WARRANT OR COVENANT THAT (a) THE OPERATION AND/OR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, (b) THE SERVICES WILL PERFORM IN EVERY OPERATING ENVIRONMENT, (c) ALL DEFICIENCIES OR ERRORS IN THE SERVICES ARE CAPABLE OF CORRECTION, OR (d) THE SERVICES MEET THE REQUIREMENTS OF ANY PARTY WHATSOEVER. THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARE SPECIFICALLY DISCLAIMED BY BOXCAST.

 
10. INDEMNIFICATION:

You shall indemnify, defend and hold harmless BoxCast, and its members, managers, officers, directors, employees, agents and affiliates from and against any liabilities, costs, fines, fees and/or damages (including attorney fees) that arise out of any claim for damages resulting, directly or indirectly, from any violation of these Terms of Use or from your use of the Services, including without limitation your Content or your use of any Content or other information obtained from the Services.

 
11. LIMITATION OF LIABILITY 

TO THE MAXIMUM EXTENT PERMITTED BY APPLIABLE LAW, IN NO EVENT WILL BOXCAST, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS (THE “BOXCAST ENTITIES") BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY SITES LINKED TO IT, ANY CONTENT ON THE SERVICES OR SUCH OTHER SITES, THIRD-PARTY PRODUCTS, SERVICES OR ITEMS ACCESSED OR OBTAINED THROUGH THE SERVICES, INCLUDING BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, DAMAGES FOR PERSONAL INJURY, PAIN AND SUFFERING, OR EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. IN THE EVENT THE FOREGOING LIMITATION OF LIABILITY IS LEGALLY PROHIBITED, THEN TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE BOXCAST ENTITIES, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE), EXCEED $100.00.

EACH PARTY ACKNOWLEDGES THAT THE OTHER PARTY HAS RELIED UPON THE LIMITATIONS ON LIABILITY SET FORTH IN THESE TERMS OF USE AND, BUT FOR THEIR INCLUSION HEREIN, WOULD NOT HAVE ENTERED INTO THESE TERMS OF USE.

Regardless of any statute or law to the contrary, you agree to bring any claim or cause of action arising out of or related to the use of the Services or the Terms of Use within one (1) year after the claim or cause of action arose. The failure to bring a claim or cause of action arising out of or related to the use of the Services or the Terms of Use within one (1) year after the claim or cause of action arose, forever bars the claim or cause of action.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations set forth above may not apply to you.

 
12. EQUITABLE RELIEF

You acknowledge that (a) BoxCast will suffer irreparable harm, and that the amount of monetary damages would be extremely difficult or impossible to calculate, if you breach your obligations according to these Terms of Use, (b) if you breach your obligations according to these Terms of Use, BoxCast may seek, and you covenant not to dispute any attempt by BoxCast to seek injunctive relief without proving actual damages, and (c) remedies sought by BoxCast in accordance with this paragraph shall be in addition to, and without limitation of, any other rights to which BoxCast may be entitled according to these Terms of Use or under the law.

 
13. TERMINATION OR MODIFICATION OF SITE:

BoxCast, in its sole discretion and at any time, may terminate your use of the Services, for any reason, with or without notice, including if BoxCast believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use. BoxCast also may, in its sole discretion and at any time, discontinue providing or modify the Services, or any part thereof, with or without notice to you, for any reason. Immediately upon any such termination, you will have no further right, title or interest in or to the Services or any part thereof. You agree that BoxCast has no liability to you or to any third party for any modification, suspension, or discontinuance of the Services or of your use thereof.

 
14. BOXCAST'S PROPRIETARY RIGHTS:

Except as may be expressly set forth in these Terms of Use, you acknowledge and agree that (a) the Services and its contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by BoxCast, its licensors or other providers of such materials, and (b) the same are protected by U.S. and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. Except as may be expressly authorized by BoxCast in writing, you agree not to modify, rent, lease, sell, distribute or create derivative works based on the Services or on such content, features or functionality, in whole or in part. BoxCast also owns the exclusive property rights to the compilation of all Content on the Services. Patents owned by BoxCast can be found at boxcast.com/patents. You may not use any of BoxCast's patented technology without the express prior written permission of BoxCast.

 
15. TRADEMARKS:

The BoxCast name, marks and logos, product and service names, designs and slogans are trademarks of BoxCast or its affiliates or licensors. All other names, logos, products and service names, designs and slogans on the Services are the trademarks of their respective owners. You may not use such marks without the prior written permission of BoxCast or the applicable owner(s).

 
16. MISCELLANEOUS:
  • Electronic Notices. You consent to receive from BoxCast all communications including notices, agreements, legally required disclosures or other information in connection with the Services (collectively, "Notices") electronically. BoxCast may provide such Notices by posting them on the Site or at the email address you provided to BoxCast. If you desire to withdraw your consent to receive Notices electronically, you must discontinue your use of the Services.
  • Assignment. You may not assign these Terms of Use, in whole or in part, by operation of law or otherwise, without BoxCast’s prior written consent. Any attempt to do so shall be deemed null and void and of no legal force or effect. These Terms of Use shall be binding upon and shall inure to the benefit of the parties’ successors and permitted assigns.
  • Governing Law; Jurisdiction; Venue. These Terms of Use will be governed by and construed and interpreted in accordance with the laws of the State of Ohio, without reference to principles of conflict of laws. The exclusive jurisdiction and venue of any action related to these Terms of Use will be the state and federal courts located in the Northern District of Ohio and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
  • No Agency Relationship. Neither these Terms of Use nor any provision contained herein may be construed as creating or constituting a partnership, joint venture or agency relationship between you and BoxCast. For the avoidance of doubt, neither party has the power or authority to, and neither party may, assume or create any obligation or responsibility on behalf of the other.
  • Waiver. Any provision of these Terms of Use may be waived, terminated, or discharged with BoxCast’s express consent at any time and in its sole discretion. The failure of BoxCast to insist upon the performance of any of the terms or conditions contained in these Terms of Use and/or to exercise any right hereunder, may not be construed as a waiver or relinquishment of the future performance of any such term or condition or the future exercise of such rights.
  • Severability. If any provision of these Terms of Use is held to be unenforceable, the parties shall renegotiate each such provision in good faith in order to maintain the economic position enjoyed by each party prior to such holding with respect to each such provision rendered unenforceable. If the parties cannot agree upon an enforceable replacement for such provision, then (a) such provision shall be excluded from these Terms of Use, (b) the balance of these Terms of Use shall be interpreted as if such provision were so excluded and (c) thereafter, these Terms of Use shall be enforceable in accordance with its terms.
  • Force Majeure. BoxCast may not be held liable for its failure to perform hereunder, or for any loss or damage, due to causes beyond its reasonable control, including without limitation governmental requirements, inability to obtain required export licenses, work stoppages, fire, civil disobedience, embargo, war, terrorism, riots, rebellions, earthquakes, strikes, floods, water and the elements, inability to secure equipment, raw materials or transport or similar occurrences.
  • Interpretation. Unless the context clearly requires otherwise, in these Terms of Use (a) the singular shall be deemed to include the plural and vice versa, (b) reference to any agreement, document or instrument shall be deemed to refer to such agreement, document or instrument as may be amended or modified and in effect from time to time, (c) “hereunder”, “hereof”, “hereto” and words similar thereto shall be deemed references to these Terms of Use as a whole and not to any particular provision hereof, (d) the words “include” and “including” shall be deemed to mean “without limitation” and shall be interpreted not to limit the generality of any description preceding such term, and (e) with respect to the determination of any period of time, “from” means “from and including” and “to” means “to but excluding.”
  • Entire Agreement. These Terms of Use, when taken together with the Privacy Policy and any Additional Terms, constitute the entire agreement between you and BoxCast as to the subject matter hereof and supersede all prior and contemporaneous documents, negotiations and drafts with respect to such subject matter, whether written or verbal. No provision of these Terms of Use may be construed against either party hereto by reason of the drafting or preparation hereof.
LAST MODIFIED July 25, 2023