1Cast Terms of Use
Last Updated: June 2008

Welcome to 1Cast! This Web site (“Web Site”) offers a selection of television shows, films, clips, media, and other content and provides other services including those that help you to aggregate and view the content you want to see most (“Services”). This Web Site is owned and operated by Onecast, Inc. (collectively “1Cast” or “we”, “us”, or “our”).

We provide the Services to you and otherwise let you use this Web Site, only on the condition that you accept these Terms of Use (“Terms of Use” or “Terms”), without modification or exception. Please read these Terms carefully. By using this Web Site, you are agreeing to the Terms and entering into a contract with us. If you don’t agree to these Terms (without modification or exceptions) then you may not use this Web Site.

1. PRIVACY AND SECURITY. We understand that privacy is important to you. Our Privacy Policy is located here. Please read it carefully as it’s included in these Terms. This means that you agree to this Privacy Policy when you agree to these Terms. If you don’t agree to the Privacy Policy, then you may not use this Web Site.

2. CHANGES TO THESE TERMS; ACCEPTANCE. You understand and agree that we may change these Terms at any time without further notice to you at our sole discretion. Your continued use of the Services or the Web Site after any such changes means you agree to the new Terms. If we make any material changes to the Terms, we will endeavor to post the changes here and will indicate at the top of this page the date these Terms were last revised. In that regard, you agree that 1Cast may, without any obligation to do so, provide you with notices, including those regarding changes to the Terms, including by but not limited to email, regular mail, text message, postings on the Web Site or through the Services, or other reasonable means now known or hereinafter developed. If you do not agree to abide by any future Terms, do not continue to access or otherwise use the Services or the Web Site. It is your responsibility to regularly check the 1Cast Web Site to determine if there have been changes to these Terms and to ensure your compliance therewith.

3. PROPRIETARY RIGHTS; CONTENT

3.1. Generally. All content displayed on the Web Site and through the Services, including television shows, movies, clips, stills, photographs, widgets, media, text, graphics, photographs, images, moving images, sound, “look and feel”, general design and illustrations ("Content"), is owned by 1Cast, its licensors, vendors, or agents. All elements of the Web Site, the Services, and the Content are protected by intellectual property rights including trade dress, copyright, moral rights, trademark and similar proprietary rights. We are pleased to offer the Content and the Services to you, subject these Terms for your own personal viewing pleasure and entertainment and we hope you enjoy your visit. You may not, however, use the Content for any other purpose. You may not, for example, reproduce, modify, copy, translate, broadcast, distribute, perform, display, or transmit the Content, in any context (including by way of email, facsimile, inline linking, or other electronic means including in blogs and micro-blogs without our prior written consent or the prior written consent of our licensors) the Content and all related rights will remain the exclusive property of 1Cast or its licensors unless otherwise expressly agreed in a separate non-electronic writing signed by an authorized representative of 1Cast. When you view the Content or use the Services, you may not remove or obscure any copyright, trademark, or other proprietary notices.

3.2. Trademarks. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify the trademarks or logos of 1Cast, its affiliates or any of their respective licensors, vendors, or agents in any way, including in advertising or publicity pertaining to distribution of materials on the Web Site, without our prior written consent. The use of any such trademarks or logos on any other Web site or network computer environment is prohibited. 1Cast prohibits the use of such trademarks or logos as a "hot" link on or to any other Web site unless establishment of such a link is approved in advance in a non-electronic writing signed by an authorized representative of 1Cast.

4. SERVICES, CONTENT AND SPECIFICATIONS. The features, Content, specifications, products and prices of products and services described or depicted on this Web Site, including the Services, are subject to change at any time without notice. Information about the Service and any products offered on this Web Site is provided for your convenience. The inclusion of any Services or products on this Web Site at a particular time does not imply or warrant that these products or services will continue to be available. We do not guarantee continuous, uninterrupted or secure access to our Web Site or Services, and operation of the Web Site may be interfered with by numerous factors outside of our control. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Web Site and Services.

5. YOUR USE OF THIS WEB SITE. We have established some rules to help make the Web Site and the Services more enjoyable for all. In general, we require that everyone use the Web Site and the Services only for lawful and appropriate purposes. Specifically, we require that you not:

6. THIRD-PARTY LINKS. From time to time, this Web Site may contain links to Web sites that are not owned, operated or controlled by 1Cast or its affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this Web Site. Neither we nor any of our respective affiliates are responsible for any content, materials or other information located on or accessible from any other Web site. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other Web sites, or any content, materials or other information located or accessible from any other Web sites, or the results that you may obtain from using any other Web sites. If you decide to access any other Web sites linked to or from this Web Site, you do so entirely at your own risk.

7. ACCOUNTS, ACCOUNT SECURITY, AND ACCOUNT TERMINATION. Some of the features of the Web Site may require registration or the creation of an account on the Web Site. If you choose to register, then you understand that you are entirely responsible for the security and confidentiality of your password and account. Anyone able to provide your personally identifiable information will be able to access your account so you should take reasonable steps to protect this information. You are entirely responsible for any and all activities that occur under your account. You shall immediately notify us of any unauthorized use of your account or any other breach of security of which you become or should reasonably become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Services and Web Site. You can terminate your account my emailing us at customercare@1cast.com, using the subject line “Account Termination.” We can terminate your account or your use of the Services at any time if we believe, in our sole discretion, that you have violated these Terms or otherwise improperly accessed the Web Site.

8. USER SUBMISSIONS

8.1. Generally. Subject to these Terms, if you are a registered 1Cast account holder, you may be able to submit videos, photographs, images, music, audio, film, text, information and other content and data as permitted by the functionality on the Web Site (“User Submissions”) for posting on the Web Site. You agree that whether or not such User Submissions are published, 1Cast does not guarantee any confidentiality or anonymity with respect to any User Submissions. When you post User Submissions to the Web Site, you represent and warrant that you own or have the necessary licenses, rights and permissions to use and authorize 1Cast 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 functionality of the Web Site and these Terms.

8.2. License. You retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to us, you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, non-terminable, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, perform and otherwise to exercise all rights in and to the User Submissions in connection 1Cast's (and its successors' and affiliates') business, including with the Web Site and Services and for promoting and redistributing part or all of the same (and derivative works thereof) in any media formats and through any media channels now known or hereinafter invented. The license may also be exercised on behalf of 1Cast by third parties acting on 1Cast’s behalf (e.g. technology partners, service providers and independent contractors) and on behalf of 1Cast’s and its affiliates’ respective licensors, vendors, and agents. You also grant each user of the Web Site (“User”) a worldwide, non-exclusive, royalty-free license to access your User Submissions through the Web Site, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the current or future functionality of the Web Site, incorporate your User Submissions into widgets, and distribute User Submissions on third-party Web sites or via other network device type.

8.3. No Obligation to Publish. We reserve the right to remove or decline to post any User Submission at any time, for any reason (or for no reason), without notice and at our sole discretion. In no event shall 1Cast, its affiliates or their respective licensors, vendors, and agents have any responsibility for the back-up of any of any User Submission or any lost data resulting from the use, operation or discontinuation of any aspect of the Web Site or the Services or any liability in connection with the same. You are solely responsible for maintaining back-ups of your User Submissions and any information generated or stored through the use of the Services.

8.4 Advertisements. As partial, material consideration for using the Web Site and/or Services, you agree and understand that 1Cast may display 1Cast and/or third party paid advertisements and other information adjacent to the Service and adjacent to your User Submissions. You further agree and understand that you will not be entitled to any compensation for any advertisement that is provisioned through the Web Site, the Service, and/or placed alongside your User Submission or otherwise, and that 1Cast shall be entitled to the full amount of any such revenue

8.5. Inappropriate User Submissions. You may not submit User Submissions that result from any activity that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) may constitute a crime or tort; or (iv) is unlawful, threatening, defamatory, libelous, obscene, pornographic or profane. Without limiting the foregoing, you agree that in conjunction with your User Submission, you will not inflict emotional distress on other people, will not humiliate other people (publicly or otherwise), will not assault or threaten others, will not impersonate others, will not enter onto private property without permission, and will not otherwise engage in any activity that may result in injury, death, property damage, and/or liability of any kind. Without limiting our rights in Section 8.3, we may reject any User Submissions in which 1Cast believes, in its sole discretion, any such activities have occurred.

8.6. Not Necessarily the Views of 1Cast. User Submissions do not necessarily represent the views of 1Cast or any individual associated with 1Cast, and 1Cast, its affiliates and their respective licensors, vendors, and agents expressly disclaim any and all liability in connection with User Submissions. You shall not represent or suggest, directly or indirectly, 1Cast’s endorsement of User Submissions. We do not vouch for the accuracy or credibility of any User Submissions on the Web Site, and take no responsibility and assume no liability for actions you may take as a result of reading User Submissions on the Web Site. Through your use of the Web Site and Services, you may be exposed to Content, including User Submissions, that you may find offensive, objectionable, harmful, inaccurate or deceptive; you assume all associated risks. 1Cast, its affiliates and their respective licensors, vendors, and agents will not be responsible or liable for the exercise or non-exercise of their rights under this Agreement.

9. FORCE MAJEURE. 1Cast, its affiliates and their respective suppliers, agents and licensors shall not be responsible for damages or for delays or failures in performance resulting from acts or occurrences: (i) beyond its reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies; (ii) any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; (iii) labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; (iv) inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.

10. NO WARRANTY; DISCLAIMERS. YOUR ACCESS OR USE OF THIS WEB SITE AND SERVICES ARE ENTIRELY AT YOUR OWN RISK. THE INFORMATION, CONTENT, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEB SITE OR OTHERWISE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES, REPRESENTATIONS, OR GUARANTEES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER 1CAST NOR ANY OF ITS RESPECTIVE AFFILIATES, LICENSORS, VENDORS, OR AGENTS WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, OR SERVICES PROVIDED ON OR THROUGH THIS WEB SITE. THE INFORMATION AND SERVICES PROVIDED ON OR THROUGH THIS WEB SITE MAY BE OUT OF DATE, AND NEITHER 1CAST NOR ANY OF ITS RESPECTIVE AFFILIATES OR LICENSORS MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

ALL SERVICES AND PRODUCTS PURCHASED OR MADE AVAILABLE ON OR THROUGH THIS WEB SITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, OR GUARANTEES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES MADE AVAILABLE, LISTED OR PURCHASED ON OR THROUGH THIS WEB SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, 1CAST, ITS AFFILIATES AND THEIR RESPECTIVE LICENSORS, VENDORS, AND AGENTS EXPRESSLY HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. 1CAST, ITS AFFILIATES AND THEIR RESPECTIVE LICENSORS, VENDORS, AND AGENTS MAKE NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

11. LIMITATION OF LIABILITY. Neither 1Cast, its affiliates, nor their respective vendors, suppliers or licensors assumes any responsibility, or will be liable, for any damages to, or any viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Web Site or the Services, or your downloading of any information or materials from this Web Site or the Services. IN NO EVENT WILL 1CAST, ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, VENDORS, SUPPLIERS, LICENSORS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEB SITE OR THE SERVICES, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEB SITE, THE SERVICES, ANY WEB SITES LINKED TO THIS WEB SITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEB SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

IN THE EVENT OF ANY PROBLEM WITH THIS WEB SITE, ANY SERVICES OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEB SITE AND THE SERVICES. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS WEB SITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER'S OR SUPPLIER'S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH 1CAST’S RETURNS AND REFUNDS POLICIES. IN NO EVENT WILL 1CAST, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, VENDORS, SUPPLIERS, LICENSORS, SUCCESSORS OR ASSIGNS’ TOTAL, CUMULATIVE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE GREATER OF (A) FIVE U.S. DOLLARS (US$5.00) OR (B) THE VALUE OF YOUR PURCHASE ON THE WEB SITE, IF ANY.

12. INDEMNITY. You shall defend, indemnify and hold harmless 1Cast, its affiliates, and their respective officers, directors, employees, shareholders, agents, vendors, suppliers, licensors, successors and assigns from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to or arising out of (i) any violation of these Terms by you or your authorized users; (ii) in connection with the use of the Web Site, the Services, or the Internet or your purchases or the placement or transmission of any User Submission, message, or information on this Web Site by you or your authorized users; or (iii) or your violation of any law or the rights of a third party, including any copyright, patent, trademark, tradedress, trade secret, privacy or publicity right or any other intellectual property right.

13. RELEASE. In the event that you have a dispute with one or more other users of the Web Site or Services, you unconditionally release 1Cast and its affiliates (and their officers, directors, employees, shareholders, affiliates, agents, vendors, suppliers, licensors, successors and assigns) from all claims, demands, proceedings, damages, actions, costs and liabilities of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

14. TERMINATION. 1Cast may suspend or terminate your account or your use of this Web Site or the Services at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination. Without limiting the foregoing, we may also block or terminate your access to our Web Site or the Services in the event that (a) you breach these Terms, including 1Cast’s Security and Privacy Policy, or the terms of any other legal notice published by 1Cast on this Web Site or through the Services; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.

15. VENUE AND CHOICE OF LAW; INJUNCTIVE RELIEF. Any claim or dispute relating to, and the use of, this Web Site, the Services and the materials contained herein are governed by the laws of the State of Washington, U.S.A. You consent to the exclusive jurisdiction of the state and federal courts located in King County, Washington. You agree that monetary damages may not provide a sufficient remedy to 1Cast for violations of these Terms and you consent to injunctive or other equitable relief for such violations.

16. GENERAL. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that these Terms and any incorporated agreements may be automatically assigned by 1Cast in its sole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions of the Terms shall govern such use. Sections 3 (Proprietary Rights; Content), 8.2 (License), 10 (No Warranty; Disclaimers), 11 (Limitation of Liability), 12 (Indemnity), 13 (Release), 15 (Venue and Choice of Law; Injunctive Relief), 16 (General) 17 (Digital Millennium Copyright Act), and 18 (Entire Agreement) shall survive any termination or expiration of these Terms. In addition, any provision that, by its nature, was intended to survive the termination or expiration of these Terms will so survive.

17. DIGITAL MILLENNIUM COPYRIGHT ACT. 1Cast respects the intellectual property of others and requires that you do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), a summary of which may be found on the U.S. Copyright Office site at http://www.copyright.gov/legislation/dmca.pdf, we will respond expeditiously to notices of alleged copyright infringement that are duly reported to our Designated Copyright Agent identified in the notice below. We will disable and/or terminate the accounts of Users who are repeat infringers. If you believe your content has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Designated Copyright Agent the following information:

1Cast’s designated Copyright Agent to receive notifications of claimed infringement is:

Anthony Bontrager
Onecast, Inc.
10519 NE 38th Place, Building 12
Kirkland, WA 98033
425-828-8057
425-828-8664
copyright@1cast.com

You understand and agree that if you fail to comply with all of the requirements of this Section, your DMCA notice might not be valid.

We may give notice to our users of any infringement notice by means of a general notice on the Web Site, electronic mail to a user's e-mail address in our records, or by written communication sent by first-class mail to a User's physical address in our records. If you believe that your User Submission 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 content in your User Submission, you may send a counter-notice containing the following information to the Copyright Agent:

18. ENTIRE AGREEMENT. These Terms, together with 1Cast’s Security and Privacy Policy and any other legal notice published by 1Cast on this Web Site or through the Services, constitute the entire agreement between the user and 1Cast and supersede any prior understandings or agreements (written or oral) with respect to the subject matter hereof.

Copyright Notice. All Web Site design, graphics, text selections, arrangements, and all software are Copyright © 2008-2009 Onecast, Inc.

 

1Cast Terms of Use (v1.0)
June 2008