img

Eercast Terms of Service Agreement


Last modified on April 10th, 2017

 

Welcome to Eercast! We are a company organized in the State of Georgia (hereafter “Eercast”,“we”, “our”, or “us”). We offer the services specified below, our website, our application, and other services (the “Service”) per these terms of service (the “Terms” or “Terms of Service”) below, and our separate privacy policy (the “Privacy Policy”), both of which are accessible via our website, to you, the user (“User”).

Eercast Inc., the parent company for Eercast, is a company which provides video streaming, communication and online marketplace services to users. We are located at 305 Pony Tail Rd Alpharetta, GA 30004.

These Terms govern your access to and use of our Services and any video, information, text, or other materials and data uploaded, downloaded or appearing on our Services.

Additionally, these Terms govern the use, rights and obligations attached to any service provided by us in our Services. 

By downloading, installing, or using our Services, you agree to these to these Terms of Service. Please read them carefully. If you do not agree to the Terms, you must stop using the Services and delete your account. 

We reserve the right to modify these Terms without prior notice, but upon such modification, you will be notified. Your continued use of the Service constitutes acceptance of these Terms. Violation of any Terms may result in termination of your account. Questions about these Terms may be sent to terms@Eercast.com.

  1. Basic Terms of Use.
    1. We do not knowingly collect or solicit personal information from any person under the age of 18 or knowingly allow such persons to register for the Services. No person under the age of 18 will register for the Services or send any personal information to us. If we learn we have collected personal information from any person under the age of 18 without verification of parental consent, we will delete such information as quickly as reasonably possible. If you believe that we might have any information from or about any child under 18, you may inform us by email at the following address: terms@Eercast.com.
  1. You represent and warrant to us that: 
      1. You are acting either as an individual or as an authorized agent of a business entity, and are competent to form a binding contract, and are at least 18 years of age or older; 
      2. All information you submit to us is accurate and truthful to the best of your knowledge; 
      3. You will maintain the accuracy of such information; and 
      4. You are legally permitted to use and access the Services and take full responsibility for the selection and use of and access to the Services.
    1. Each person or organization may only create one account for use of the Services.
    1. We may prohibit any user from using the Service in our sole discretion for any reason, and will not be liable for any damage or loss resulting from such prohibition.
  1. These Terms are void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.

e. You are responsible for using the Services. You should only provide data that you are comfortable sharing with us under these Terms.

  1. You may use the Services only upon the formation of an account with us, provided you are not barred from receiving the Services under the laws of the United States or other applicable jurisdictions. If you are accepting these Terms and using the Services on behalf of a company, organization, government or legal entity, you represent and warrant that such company, organization, government or legal entity has authorized you to do so. You may use the Services only in compliance with these Terms and all applicable local, state, national and international laws, rules and regulations.
  1. The form and nature of the Services that we provide may change from time to time without prior notice. We may stop (either permanently or temporarily) providing the Services (or any features within the Services) to you and may not be able to provide you with prior notice. We also retain the right to create limits on use at our sole discretion without prior notice to you.
  1. If you list item for sale using the Services, you understand and agree that:
    1. You are solely responsible for the accuracy of the listing and the quality of the item offered;
    2. Exact listing durations are not guaranteed by Eercast; 
    3. Listings in violation of these Terms or of any of our policies may be deleted in our sole discretion; and
    4. Eercast is not responsible for effecting the transfer of legal title or possession of any item purchased.
  1. If you purchase an item listed on the Services, you understand and agree that you are entering into a legally binding contract with the selling user. You are obligated to consummate the purchase once agreement is manifested via the Services and accepted by the selling user. You are solely responsible for reading the full item listing before agreeing to purchase the item. 
  1. We reserve the right (but will have no obligation) to remove or refuse to distribute any information on the Services and to suspend or terminate users or reclaim usernames without incurring liability to any user. In the event of a suspected violation, we may investigate and/or take legal action as necessary, including without limitation, cooperating with and assisting law enforcement or government agencies in any resulting investigations of illegal content.
  1. We reserve the right to access, read, preserve, and disclose any information as we reasonably determine is necessary to (i) satisfy any applicable law, regulation, legal process or governments request; (ii) enforce the Terms, including investigation of potential violations hereof; (iii) detect, prevent, or otherwise address fraud, security or technical issues; (iv) respond to user support requests; or (v) protect the rights, property or safety of Eercast, its users and the public. We do not disclose personally identifying information to third parties except in accordance with our Privacy Policy.
  1. Payment and Billing. Eercast offers a platform for crowdfunding and the listing of and sale of goods between users. We use PayPal for payment processing services, and we do not retain your bank or credit card details, but we may store your PayPal login details to allow your account to link with our services. We are not responsible for the loss of user data. By signing up for a Service and providing a Payment Method or account transfer information, you authorize us to charge you a fee or credit you, as context requires, for such Service at the then current rate. We do not store any payment information on our servers. Terms of payment are as follows:
    1. Fee Tiers. The respective fees due and owing for a particular sale shall be calculated per listing according to the following basis:
      1. For sales up to twenty-thousand dollars ($20,000), you will owe a fee of an amount equal to four point ninety-nine percent (4.99%) of the final sale price, with a maximum possible fee of five hundred and ninety-nine dollars ($599);   
      1. For sales between twenty-thousand and one dollars ($20,001) and twenty-five thousand dollars ($25,000), you will owe a fee of six hundred fifty dollars ($650);
      1. For sales between fifty thousand and one dollars ($50,001) and one hundred thousand dollars ($100,000), you will owe a fee of seven hundred and ninety- five dollars ($795);
      1. For sales between one hundred thousand and one dollars ($100,001), and two hundred and fifty thousand dollars ($250,000), you will owe a fee of one thousand, four hundred and ninety-five dollars ($1,495);
      1. For sales between two hundred fifty thousand and one dollars ($250,001) and five hundred thousand dollars ($500,000), you will owe a fee of two thousand, nine hundred ninety-five thousand dollars ($2,995);
      1. For sales between five hundred thousand and one dollars ($500,001), and seven hundred fifty-thousand dollars ($750,000), you will owe a fee of three thousand, nine hundred and ninety-five dollars ($3,995);
      1. vii.For sales between seven hundred fifty thousand and one dollars ($750,001) and one million dollars ($1 million), you will owe a fee of four thousand, nine hundred and ninety-five dollars ($4,995);
      1. viii.For sales in excess of one million dollars, you will owe a fee of seven thousand, nine hundred and ninety-five dollars ($7,995); and
      1. For crowdfunding streams, we take a 7% fee from all donations.
    1. PAYMENTS ARE DUE AND PAYABLE ONCE A CROWDFUNDING STREAM OR LISTING IS CLOSED AND THE SALE OR DONATION IS CONSUMMATED. ONCE A TRANSFER OF POSSESSION OF A SOLD ITEM BEGINS, WE ARE NOT RESPONSIBLE FOR FACILITATING ANY REFUND. 
    1. Users may be required to provide certain identifying, banking and/or PayPal information to ensure payments may be processed. Such information will be treated by Eercast in accordance with our Privacy Policy.
    1. If your payment method fails or your account is past due, we may collect fees owed, including late fees, by charging your PayPal account, retain collection agencies and legal counsel, and, for accounts over one hundred and eighty (180) days past due, request that PayPal deduct the amount owed from your PayPal account balance.
  1. Privacy. Any information you provide to us is subject to the Privacy Policy, which governs any collection and use of information by us. You understand that through your use of the Services, you consent to the collection and use (as set forth in the Privacy Policy) of this information. As part of providing you the Services, we may provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services, which you may not be able to opt-out of receiving.
  1. Password. You are responsible for safeguarding the password or credentials that you use to access the Services and for any activities or actions under your account. You are expressly required, as a condition for use of the Services, to use passwords containing a combination of upper and lowercase letters, numbers and symbols with your account and with other accounts that you may connect to your account. If you forget your password, you may use the account password retrieval functionality to retrieve it.
  1. Prohibited Use. 
    1. You may not use the Services to aid in the purposes of any harassment or abuse.
    1. You may not use the Services in to aid in the dissemination of any defamatory or libelous material.
    1. You may not use the Services to circumvent any local, state or federal law.
    1. You may not use the Services to list for sale any of the following items:
      1. Any item which would be illegal to list for sale in any state or federal jurisdiction;
      2. Firearms, ammunition or destructive devices, as defined in the United States Code;
      3. Any items which are, in our sole discretion, pornographic, obscene, or overtly sexual in nature;
      4. Animals and wildlife products;
      5. Alcohol;
      6. Lottery tickets or other gambling material; and
      7. vii.Any controlled substance;
    1. You may not use the Services to transmit, disseminate or otherwise violate any information belonging to Eercast or any third party that is either confidential or otherwise protected.
    1. You may not use the Services in any way to infringe any copyright, trademarks or other intellectual property.
    1. You may not circumvent, disable, or otherwise interfere with the security related features.
    1. You may not upload any content containing spam. For the purposes of this section, spam shall include any material intended to install malware or phishing for the personal details or account credentials of others, as well as the intentional creation of multiple accounts, and the creation of misleading sales listings with the intent to defraud, mislead or harm other users.
    1. You may not stream or upload any content containing any (i) drugs or drug paraphernalia, (ii) pornography or any content that is obscene or overtly sexual, (iii) racist or inflammatory subject material, (iv) private or personal information, (v) threats of any sort, or (vi) bodily harm or self-injury to any part of the service.
    2. While accessing the Services, you may not (i) access, tamper with, or use non-public areas of the Services, our computer systems, or the technical delivery systems of our providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by us (and only under those terms and conditions), unless you have been allowed to do so in a separate agreement with Eercast; (iv) forge any TCP/IP packet header or any part of any part of the header information in any email or posting, or use the Services to send altered, deceptive or false source-identifying information; (v) interfere with, or disrupt, (or attempt to do so) the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of content in such a manner as to interfere with or create an undue burden on the Services; (vi) use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Services or to extract data; or (vii) reverse engineer any aspect of the Services or do anything that might discover source code or bypass or circumvent measures employment to prevent or limit access to any area, content or code of the Services.
  1. User Submissions.
    1. Any data of any sort communicated, streamed, or posted to Service by users belongs to the person who posted such content. 
    1. You agree that any feedback, suggestions, ideas, or other information or materials regarding Eercast or the Services that you provide, whether by email or otherwise, are non-confidential and will become our sole property. We will be entitled to any unrestricted use and dissemination of such feedback for any purpose, commercial or otherwise, without your acknowledgment or compensation. You waive any rights that you may have to the feedback, to include copyrights or moral rights.
    1. You agree and understand that the chat logs for each user may be stored by Eercast for as long a period as is necessary in our sole discretion. Any such storage shall be subject to our Privacy Policy.
    1. The submission of User data on the Service is entirely voluntary, non-confidential, gratuitous, and non-committal. You acknowledge that they have read, understand, and agree to the terms enumerated in this Section, and you further agree that such terms will apply to any additional material previously or later submitted:
      1. You irrevocably release and forever discharge us and our affiliates and subsidiaries (together, the “Released Parties”), from all actions, causes of actions whether in law or equity, claims, damages, liabilities and demands, whether absolute or contingent and of any nature whatsoever which you now have or hereafter can, will, or may have against the Released Parties or their respecting successors and assigns regarding the data you provide to us.
  1. Restrictions. Except as specifically granted in these Terms or in other agreements, we retain all right, title, and interest in the Services. These Terms do not transfer ownership rights of any description in the Services to you or to any third party. You will not modify, reverse engineer, or decompile any component software of the Service, or create derivative works thereof. You will not provide access to Services to any persons or entities other than your employees, consultants, or contractors, where permitted. You will maintain all copyright and trademark notices as provided by us, and upon our request and at your cost, will take other reasonable steps to protect our intellectual property rights.
  1. Intellectual Property Ownership and Data Security. 
    1. Eercast Content. We own intellectual property rights to any protectable part of the Service, including but not limited to the design, artwork, images, code, icons, photographs, functionality, and documentation (“Our Content”). You may not copy, reproduce, republish, frame, download, transmit, display, modify, license, sublicense, loan, lease, reverse engineer, or exploit, in whole or in part, any part of the Service that we own.
    1. Other Protected Material. Eercast will respond to all allegations of intellectual property infringement that are reported to us. To report any violation of the intellectual property rights of yourself, Eercast, or any third party, please send an email to dmca@Eercast.com.
  1. Termination of Use.
    1. These Terms will remain in full force and effect while you use the Services. You may terminate using the Services at any time. We may terminate or suspend your access to the Services or your account at any time, for any reason, and without warning which may result in forfeiture and destruction of all information associated with your account. We may also terminate or suspend any and all Services and access to the Services immediately, without prior notice or liability, and without allowing you further access to the Services for the term you have prepaid in advance if you breach any of the terms or conditions of these Terms or the Privacy Policy, or upon the occurrence or any event that is or is likely reasonably likely to give rise to a security threat to our infrastructure, systems or other Service mechanisms at our sole discretion.
    1. Any fees you pay are non-refundable. Upon termination of your account, your right to use the Services will immediately cease. All provisions of these Terms which, by their nature, should survive termination, will survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
  1. Warranties Respecting Service. We hereby warrant to you that we are the owner of the Services and either the owner or leasees of component software of the Services, and have the right to grant to you the use of the Services in the manner and for the purposes set forth in these Terms without violating the rights of any third party.
  1. Disclaimer Respecting Users. UNLESS EXPRESSLY SET FORTH IN THESE TERMS, WE MAKE NO WARRANTY, EXRESS OR IMPLIED, WITH RESPECT TO ANY MATTER, INCLUDING WITHOUT LIMITATION THE PERFORMANCE OF ANY PARTY AND OTHER SERVICES, AND EXPRESSLY DISCLAIM THE IMPLIED WARRANTIES OR CONDITIONS OF NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE FOR THE SAME. WE DO NOT WARRANT THE RESULTS OF THE USE OF THE SERVICE, AND YOU ASSUME ALL RISKS AND RESPONSIBILITY WITH RESPECT THERETO. Eercast EXPRESSLY DISCLAIMS ANY LIABILITY WITH RESPECT TO ANY NEGLIGENCE, RECKLESSNESS OR CRIMINAL CONDUCT ON THE PART OF ANY USER OR THIRD PARTY. IN NO CASE SHALL ANY USER OR THIRD PARTY BE CONSIDERED THE AGENT OR AN EMPLOYEE OF THE Eercast. WE MAKE NO WARRANTY, PROMISE OR REPRESENTATION WITH RESPECT TO THE QUALIFICATIONS OR EXPERIENCE OF ANY USER OR THIRD PARTY, NOR DO WE UNDERTAKE ANY OBLIGATION TO VERIFY THE PURPORTED QUALIFICATIONS OR EXPERIENCE OF ANY USER OR THIRD PARTY AS PROVIDED BY THE SAME. IN NO CASE SHALL EERCAST BE RESPONSIBLE FOR PROVIDING TO ANY USER OR THIRD PARTY ANY W-2 OR RELATED TAX DOCUMENTS. EACH USER OR THIRD PARTY SHALL BE SOLELY RESPONSIBLE FOR HIS OR HER INDIVIDUAL TAX MATTERS, INCLUDING ANY APPLICABLE SALES AND OTHER TAXES AND REPORTING.
  1. Disclaimer Respecting the Service. THE WARRANTIES SET FORTH IN THESE TERMS ARE IN LIEU OF, AND EXPRESSLY EXCLUDE, ALL OTHER WARRANTIES. EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING, WITHOUT LIMITATION (a) ANY WARRANTY THAT THE SERVICES WILL OPERATE WITHOUT INTERRUPTION OR IS COMPATIBLE WITH ALL EQUIPMENT AND SOFTWARE CONFIGURATIONS; (b) ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY; AND (c) ANY AND ALL WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE.
  1. Limitation on Liability.
    1. TO THE EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SYSTEM FAILURE OR NETWORK OUTAGE, WILL EERCASR OR IT’S AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES THAT RESULT FROM THESE TERMS, EVEN IF THE DAMAGED PARTY OR ITS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
    1. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL EERCAST’S OR ITS AFFILIATES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT (WHETHER IN CONTRACT OR TORT, INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE) EXCEED THE AMOUNTS PAID BY YOU TO EERCAST HEREUNDER.
    1. TO THE EXTENT PERMITTED BY LAW, WE WILL IN NO CASE BE LIABLE FOR ANY DAMAGES ARISING FROM YOUR FAILURE TO ABIDE BY THE REQUIREMENTS OF THESE TERMS.
  1. Remedies for Breach of Warranty. In the event of any breach of the warranties set forth in these Terms, we will promptly re-perform the non-conforming Services, as applicable, such that the non-conforming service conforms with the requirements of these Terms. If we are unable to re-perform the Service within thirty (30) days of notification of a defect, you may terminate your obligations under these Terms and we will refund any fees paid by you pursuant to any agreement to pay such fees.
  1. Indemnification. By agreeing to these Terms, you agree to indemnify, defend, and hold harmless Eercast, our directors, officers, managing members, shareholders, employees, affiliates, licensors, and suppliers from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to (a) use of the Service; (b) violating these Terms; or (c) violating the rights of another.
  1. User Services Available “AS-IS”
    1. Your access to and use of the Services or is at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, WE DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
    1. We make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services; (ii) any harm to your computer system, loss of data, or other harm that results from access to or use of the Services; (iii) the deletion of, or failing to store or to transmit, any content and other communication maintained by the Services; or (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from us or through the Services will create any warranty NOT expressly made herein.
  1. Other Websites and Services. We are not responsible for the practices employed by any users, websites or services linked to or from our Service, including the information or content contained within them. Please remember that when you use a link to go from our Service to another website or service, our Privacy Policy does not apply to those third-party websites or services. Your browsing and interaction on any third-party website or service, including those that have a link on our website, are subject to that third party’s own rules and policies. In addition, you agree that we are not responsible and do not have control over any third-parties that you authorize to access content. If you are a third-party website or service and allow third parties to access their account, you do so at your own risk.
  1. Miscellaneous.
    1. Our failure to enforce or exercise any right provided in these Terms will not be construed as a waiver of such right.
    1. In the event any provision of these Terms be found invalid or unenforceable, the remaining Terms will remain in effect.
    1. Any dispute between you and Eercast will be governed by these Terms and the laws of Georgia without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction.
    1. These Terms constitute the entire agreement between you and Eercast, and supersedes all previous agreements between you and Eercast regarding the subject matter covered.
    1. We may modify these Terms as necessary to reflect updates to the Service, or changes in the law. We will post any such modifications to these terms on this page. If you do not agree with or accept such changes, you should discontinue use of the Service. A push notification will be sent if the terms are modified.
    1. These Terms create a binding agreement between you and Eercast. Such Terms create no third-party beneficiary rights.
    1. Our waiver of any remedy for a breach of these Terms will not constitute such waiver in the future.