terms and conditions
Maxcast™ Terms and Conditions
Welcome to Maxcast™! We hope you enjoy your visit. Maxcast provides a safe and easy way to share your videos. Before you enter the Maxcast website ("Site") or use any of the Maxcast services, it is important that you carefully review the terms and conditions set forth below ("Terms"). In addition, specific pages on the Site may set out additional terms and conditions, all of which are incorporated by reference into the Terms. The Terms may be changed or updated at any time without notice, but you can always find the most recent version on this Site. Please refer to this Site periodically for any changes.
By entering and using the Site, you acknowledge that you have read the Terms and that you agree to be bound by them. Acceptance of the Terms creates a binding legal agreement ("Agreement") between you and Maxcast that you will use the Service consistent with the Terms. If you have questions about the Terms, please contact us at firstname.lastname@example.org. Your use of the Site and its services (collectively the "Service") is subject to your compliance with the Terms. If you do not agree with the Terms, do not proceed to access the Site or use the Service.
The Service consists of the features, products, functions, services, and content provided by Maxcast, as well as the features, products, functions, services, and content provided by third parties through the Site.
A "Member" is a person (i) who is at least 18 years of age, (ii) who is legally capable of agreeing to, and has agreed to, the Terms, (iii) whose name, e-mail address, and required account information have been provided to Maxcast and are recorded on Maxcast's records as the person responsible for a specific Maxcast user account or those using the Member's account, and (iv) who uses the Services. You will be referred to as a "Member" or your account referred to your Maxcast "Membership." Before you can use the Service for the digitization or purchase of video streaming or output product, we will ask you to provide a valid credit card number (including expiration date and billing address). This will allow us to efficiently facilitate the shipping and handling charges associated with your purchase of a Service.
Members are provided access to a "No Fee Membership Account" with 5GB (Gigabyte) of image storage space at no cost. Additional image storage space may be purchased as part of other Maxcast products and services. These options and fees are listed on the Maxcast.com site. Fees and storage space capacity may be changed at any time without notice.
Maxcast's video storage policy (as provided in these Terms) is designed to let you enjoy your personal videos and share them with others for years to come. Except as otherwise provided in Sections 5 and 12, all videos, whether uploaded or from our Video SaversSM service, will be kept in your account until you remove them.
3. Payment Fees, Terms, and Product Availability:
a) Fees / Charges / Taxes: Fees for any Maxcast Service shall be determined by a Maxcast price list, which may be amended from time to time. You are responsible for the payment of all fees, charges, and taxes accrued on your Member account under this Agreement. All fees and charges will be at the rates in effect at the time the charges were incurred. Charges incurred under this Agreement may include charges related to use of the Service, as well as charges related to goods and services provided by third parties but acquired through the Service. Member will not be entitled to any credits, rebates, or refunds for times when the Service is down or otherwise unavailable.
b) Cost of ancillary computer equipment and services: Each Member is responsible for and must provide all computer, telephone and other equipment and services necessary to access the Service. In addition, Members are responsible for any access charges incurred through on-line services, telephone companies, or Internet service providers used in obtaining access to the Service.
c) Payment Terms: All charges incurred for use of the Service will be paid at the time the Service is purchased. If at any time a credit card charge, or payment check is refused, Maxcast may, at its sole discretion, immediately suspend or terminate this Agreement, but you will still be responsible for all charges incurred. If any payment due is not made by the Member, then Maxcast may, in addition to its other remedies, at its sole discretion and without notice to the Member, (i) suspend its performance under this Agreement and the Member's access to and use of the Service, or (ii) terminate this Agreement and Member's access to and the use of the Service.
d) Availability: Service availability, Product availability and offers are subject to change without prior notice. We reserve the right to make changes without notice due to market conditions, manufacturer or supplier product discontinuation, or typographical, photographic or technical errors in on-line or print advertising.
4. Use of Services:
Use of particular Services is set forth on specific pages of the Site, and is at the sole discretion of Maxcast. A Member must notify support@Maxcast.com promptly by e-mail or telephone regarding the theft or loss of any Member name or password. Members may authorize minors to access an account using a Member's name; provided, however, that said Member is responsible for supervising any activities undertaken by a minor using a Member Name, and said Member expressly ratifies and confirms any actions by a minor that affect a Member's account.
5. Member Conduct; Prohibited Content:
a) We consider Maxcast.com to be a family-friendly service and we do not condone any form of “adult” content. When considering whether or not to upload files, please note that Maxcast contains both public (i.e. viewable by anyone with Internet access), and private albums (which are password protected). You may use the Service to post creative material, including videos, digital images, links, and comments ("Content"). Additionally, every user of the Service, whether or not such user is a Member, agrees not to use any of the Service to digitize, preserve, post, upload, store, print, share, or otherwise obtain what we define as “Prohibited Content.” Such Prohibited Content includes, but is not limited to, any of the following types of Content:
i. Content that contains nudity, pornography, sexual or obscene material or images, or is otherwise deemed lewd or offensive;
ii. Content that is abusive, threatening, defamatory, deceptive, misleading, profane, indecent, obscene, slanderous, offensive, unlawful, harassing, promotes racism, bigotry, hatred or prejudice, or is otherwise inappropriate or objectionable;
iii. Content that harms minors in any way;
iv. Content that violates the copyright, trademark or other intellectual property rights of a third party;
v. Content or other material that contains viruses, worms, corrupt files, Trojan horses and other forms of corruptive code or any other content, which may compromise the Service, Maxcast's network, or any Member’s equipment or software;
vi. Content that promotes, encourages, or provides instructional information about illegal activities;
vii. Content that violates or encroaches on the rights of others, including posting or publishing private information belonging to or about other individuals or entities;
viii. Any links to sites that promote or contain Prohibited Content, or the use of any camouflage type of programs to hide other files within your images; or
ix. Violates any laws, rules, or regulations of any governmental or other administrative organization having authority over the Service, Maxcast, or its users.
b) Except as permitted under this Agreement, you may not reproduce, distribute, transmit, publish, transfer, or commercially exploit any material available on or through the Service.
c) You acknowledge that it is Maxcast's policy to cooperate with law enforcement agencies investigating illegal or improper activities relating to the Service.
d) Maxcast has the sole discretion to determine whether Content is Prohibited Content, and any Content submitted to the Service may be subject to examination from time to time. You acknowledge that although Maxcast does not and will not examine and review all Content submitted or transmitted to the Service, Maxcast has the absolute right, but not the obligation, to delete, move, and edit materials for any reason, at any time, without notice. Notwithstanding the above, when you access the Site and/or use the Service, you acknowledge and agree that all Content (whether private or public) that is posted and stored on the Site is the sole responsibility of the person who submitted it for posting and/or storage. You understand that by viewing the Site, you may be exposed to Content that you consider to be offensive and you take sole responsibility for such exposure. You acknowledge that Maxcast in no way guarantees the accuracy, quality or appropriateness of Content available on the Site. In no event shall Maxcast or any of its affiliated companies (including its officers, directors, employees, affiliates and agents) be liable for claims of any nature, whether direct or indirect, arising from or related to any Content made available on or through the Service, including but not limited to errors or omissions in such Content, and loss or damages incurred as a result of use of such Content.
6. Third Party Software:
As a convenience to our Members, we may make third-party software available through the Service. To use the third-party software, you must agree to the terms and conditions imposed by the third party provider and the agreement to use such software will be solely between you and the third party provider. By downloading third party software, you acknowledge and agree that Maxcast does not guarantee that any software downloaded through the Service will be free of viruses, worms, or Trojan horses or other forms of corruptive code. Maxcast makes no representations or warranties concerning the performance, effectiveness or any other aspect of any third-party software downloaded through the Service. In no event shall Maxcast (including its officers, directors, employees, affiliates and agents) be liable for claims of any nature, whether direct or indirect, arising from or related to any third-party software downloaded through the Service.
a) License to Maxcast: As a condition to your Membership, you hereby grant Maxcast a perpetual, universal, nonexclusive right to copy, display, modify, transmit, make derivative works of and distribute any Content transmitted or provided to the Service by you, solely for the purpose of providing the Service. You remain the owner of all Content that you submit to the Service, and as a condition to Membership, you represent and warrant to Maxcast that you are the owner of the copyright to Content you submit to the Service or that you have written permission from the copyright owner to submit such Content, provided, however, by sharing Content with other individuals or contributing to a group site, whether directly or indirectly, you agree that other Users have the limited right to use your Content for viewing and sharing for personal use.
b) Backup Copies of Images and Other Material: The Service is not designed or intended to be used as a disaster recovery facility or as an emergency data storage facility. Although Maxcast takes reasonable precautions to preserve and protect the material you may upload to the Service, you should not rely on the Service as your only source for the material you provide. You should backup copies of any digital information you have uploaded or authorized others to upload to the Service.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS MAXCAST (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, SUPPLIERS AND ANY THIRD-PARTY INFORMATION PROVIDERS TO THE SERVICE) FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS OR ANY ACTIVITY RELATED TO YOUR ACCOUNT (INCLUDING NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING THE SERVICES USING YOUR ACCOUNT.
10. Limited Warranty:
a) Exclusive Remedy: ANY SERVICE AVAILABLE THROUGH THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. MAXCAST WARRANTS ONLY THAT VIDEO MATERIALS PROVIDED SHALL BE RETURNED TO YOU IN USABLE CONDITION. IN THE EVENT THAT YOUR VIDEO(S) ARE DAMAGED, OF UNACCEPTABLE QUANTITY OR QUALITY, LOST OR NOT RETURNED, MAXCAST'S SOLE OBLIGATION, AND YOUR SOLE AND EXCLUSIVE REMEDY, SHALL BE FOR MAXCAST TO REFUND THE FULL AMOUNT OF THE PURCHASE PRICE OF SUCH VIDEOS.
b) Disclaimer: EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTY, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, MAXCAST EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. MAXCAST MAKES NO WARRANTY THAT (I) THE SITE OR SERVICE WILL BE PROVIDED IN A MANNER THAT IS UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (II) THE SITE OR SERVER ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (III) THE SERVICE, SITE OR CONTENT PROVIDED WILL MEET YOUR REQUIREMENTS. MAXCAST MAKES NO WARRANTIES OF ANY KIND WITH RESPECT TO SOFTWARE, GOODS, SERVICES, PROMOTIONS, OR THE DELIVERY OF ANY SOFTWARE, GOODS OR SERVICES THAT ARE PURCHASED, ACCESSED OR OBTAINED THROUGH MAXCAST'S SITE OR THAT ARE ADVERTISED ON MAXCAST'S SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
11. Limitation of Liability:
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED UNDER LAW, MAXCAST WILL HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE) FOR ANY INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR LIABILITIES (INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF DATA, REVENUE OR PROFIT) ARISING WITH RESPECT TO YOUR USE OF THE SITE OR THE SERVICE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS FOREGOING LIMITATION APPLIES TO DAMAGES ARISING FROM (i) USE OR INABILITY TO USE THE SERVICE; (ii) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS OR SERVICES PURCHASED THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS BY THIRD PARTIES; (iv) THIRD PARTY CONTENT MADE AVAILABLE TO YOU THROUGH THE SERVICE OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
a) Termination by Maxcast: You acknowledge and agree that Maxcast, in its sole discretion, may terminate your Membership (or any part thereof) or use of the Service, or suspend access to the Service, and remove and discard any Content including, but not limited to, any and all information, communications, postings, albums, image files or any other content within the Service, at any time, without notice, for any reason.
You also acknowledge and agree that Maxcast shall not be liable to you or any third-party for any termination of your access to the Service.
b) Termination By Member: You may terminate this Agreement at any time by sending e-mail to email@example.com. After receipt of your termination notice, Maxcast will terminate your account.
c) Continuing Obligations After Termination: Termination or suspension of an account does not relieve you of any obligations you have accrued, including payment of any charges due in connection with an account. You are responsible for payment of all such charges.
13. Choice of Law:
The state and federal courts of Utah shall be the exclusive forum and venue to resolve any and all disputes arising out of or relating to these Terms and Conditions. You consent to personal jurisdiction and venue by the state and federal courts of the State of Utah.
14. Modification of Terms:
You agree that Maxcast reserves the right to amend the Terms at any time, for any reason, and without notice, including the right to terminate the Service or any part of the Service. Any amendments or modifications made by Maxcast shall be prospective only.
15. Entire Agreement:
a) These Terms constitute the entire agreement between you and Maxcast and govern your use of the Service, superseding any prior agreements between you and Maxcast. In the case of a conflict between these Terms and information included in off-line materials, (e.g., promotional materials), these Terms will always control. You may also be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software.
b) The failure of Maxcast to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
c) You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
16. Reporting Violations:
You can report abuse of these Terms to firstname.lastname@example.org