Terms and Conditions
Welcome to the ChangeCast website, www.changecast.com (the “Site”). The Site is made available by ChangeCast, LLC, a California limited liability company (“ChangeCast,” “we,” or “us”), whose principal place of business is located at 4031 19th Street, San Francisco, CA. 94114 and who maintains an office in Mill Valley, California, United States of America.
3. Limited License. You may access and view the content on the Site, and make single copies or prints of the content on the Site, at your own risk and for your personal, non-commercial, and internal use only. Use of the Site and the products and services offered by the Site, are only for your personal, non-commercial use. You may not use the Site for commercial purposes or in any way that is unlawful, harassing, or intimidating, or harms us or any other person or entity, as determined in our sole discretion.
4. Prohibited Use. Any commercial or promotional distribution, publishing, or exploitation of the Site, or any content, code, data, or materials on the Site, is strictly prohibited unless you have received the express prior written permission from authorized personnel of ChangeCast or the otherwise applicable rights holder. Other than as expressly allowed herein, you may not download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell, or otherwise exploit any content, code, data, or materials on or available through the Site. You further agree that you may not alter, edit, delete, remove, otherwise change the meaning or appearance of, or repurpose any of the content, code, data, or other materials on or made available through the Site (this includes, without limitation, the alteration or removal of any Trademarks (as defined in Section 5 below) or any other proprietary content or proprietary rights). If you make other use of the Site, or the content, code, data, or materials thereon, except as otherwise provided above, you may be subject to liability for such unauthorized use, including, without limitation, for violations of copyright, trademark, and other applicable laws.
5. Trademarks. The trademarks, logos, service marks, and trade names (collectively the “Trademarks”) displayed on the Site, or on content available through the Site, are registered and unregistered Trademarks of ours and others and may not be used in connection with products and/or services that are not related to, associated with, or sponsored by their rights holders, or that are likely to cause customer confusion, or in any manner that disparages or discredits the rights holders. All Trademarks not owned by us that appear on the Site or on or through the Site’s services, if any, are the property of their respective owners. Nothing contained on the Site grants, by implication, estoppel, or otherwise, or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Trademarks displayed on the Site without our written permission or that of the third party rights holder.
By submitting or sending Submitted Materials to us, you: (i) represent and warrant that the Submitted Materials are not confidential or secret, and no confidential or fiduciary relationship is intended or created between you and us in any way; and, you (ii) represent and warrant that the Submitted Materials are original to you, that no other party has any rights thereto, and that any “moral rights” in Submitted Materials have been waived, or that you have the copyright owner’s written permission to use any Submitted Materials.
You retain ownership of any intellectual property rights you have in your own Submitted Materials, but, by uploading Submitted Materials to the Site, you are granting ChangeCast and our affiliates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable, and sub-licensable right and license to use, host, store, copy, reproduce, modify, adapt, print, publish, translate, create derivative works or new works such as translations from, distribute, publish, publicly perform, display, and distribute such content (in whole or part), and/or to incorporate the content in other works in any form, media, or technology now known or later developed, including for promotional and/or commercial purposes, and to authorize others to do so.
ChangeCast will not accept responsibility for any information included in any Submitted Materials created, transmitted, or posted by users (for example, without limitation, websites, tweets, blog posts, or any comments to blog posts created or posted by users). Such content is the sole responsibility of the individual or entity that makes it available on the Site. You alone are responsible for the content and consequences of any and all of your activities, and you submit Submitted Materials at your own risk. You don’t have any claims against ChangeCast for any Submitted Materials. We also cannot be responsible for maintaining any Submitted Materials that you provide to us. We may delete or destroy any Submitted Materials at any time, in our sole discretion.
ChangeCast will take down all content that violates another’s rights, including their copyrights, pursuant to the provisions of our Copyright Notice.
ChangeCast assumes no responsibility for intellectual property infringement of Submitted Materials by third parties.
8. Prohibited User Conduct. You may not submit any content to the Site that is false, defamatory, objectionable or otherwise illegal. You warrant and agree that, while using the Site and the services and features offered on or through the Site, you shall not: (a) impersonate any person or entity, whether actual or fictitious, including anyone from ChangeCast or its affiliates, or misrepresent your affiliation with any other person or entity; (b) insert your own or a third party’s advertising, branding, or other promotional content into any of the Site’s content or materials, or use, redistribute, reuse, republish, repurpose or otherwise exploit such content or service for any purpose or reason, including without limitation, further commercial or promotional purposes; (c) attempt to gain unauthorized access to other computer systems through the Site; or (d) use the Site or the services offered via the Site in any unlawful, harassing, or intimidating manner, or in any manner that harms us or any other person or entity, as determined in our sole discretion.
11. Linking to the Site. You agree that if you include a link from any other site to the Site, such link shall link to the full version of an HTML formatted page of the Site. You are not permitted to link directly to any image hosted on the Site or our services via the Site, such as using an “in-line” linking method to cause the image hosted by us to be displayed on another Site. You agree not to link from any other site to this Site in any manner such that the Site, or any page of the Site, is “framed,” surrounded, or obfuscated by any third party content, materials or branding. We reserve all of our rights under the law to insist that any link to the Site be discontinued, that the link opens in a new browser window, and/or to revoke your right to link to the Site from any other site at any time upon written notice to you.
13. Orders for Products and Services. We may make certain products and/or services available to visitors of the Site. You may only order products if, and you hereby represent and warrant that, you are 18 years old or older. You agree to pay in full the prices for any purchases you make either by credit/debit card or PayPal® concurrent with your online order, or by other payment means acceptable to ChangeCast. You agree to pay all applicable taxes. Orders from outside of California, United States of America, WILL NOT be charged sales tax. Orders within the state of California will be charged 8.25% sales tax. If payment is not received by us from your credit or debit card issuer or its agents, or PayPal®, you agree to pay all amounts due upon demand by us. Certain products or services that you purchase and/or download on or through the Site may be subject to additional terms and conditions presented to you at the time of such purchase or download or thereafter.
If you choose to pay by credit or debit cards, our customer checkout form requires billing information that corresponds with your credit/debit card to protect us and the public against credit card fraud. ChangeCast uses commercially reasonable efforts to ensure protection of your data including industry-standard encryption and offline security methods in our physical facilities.
All sales are final, we do not offer refunds for items purchased on our Site. If there is a physical problem with the product please contact email@example.com.
ChangeCast will make every effort to ship any items purchased through the Site from our offices in San Francisco, California, United States of America, as quickly as possible from the date of payment. All packages are sent via United States Postal Service. Shipping fees are included in the original price of all products sold on the Site.
16. WARRANTY DISCLAIMER. THE SITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS, PRODUCTS, AND MATERIALS PROVIDED THROUGH THE SITE, ARE PROVIDED “AS IS,” “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, PLAYABILITY, DISPLAYABILITY, ACCURACY, USEFULNESS, CORRECTNESS, PRECISION, THOROUGHNESS, COMPLETENESS, CONTENT, OR INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND CHANGECAST, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, AND DISTRIBUTORS HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE’S FEATURES, SERVICES, AND YOUR USE OF THE SAME.
CHANGECAST MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OF THE SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO CHANGECAST AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR: (i) ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR FOR ANY LOSS OR DAMAGE OF ANY KIND AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, LINKED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE PROTECTED ENTITIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; (ii) ANY PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE; (iii) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (iv) THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS, SERVICES AND FUNCTIONS RELATED THERETO; (v) YOUR PROVISION OF INFORMATION VIA THE SITE, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (vi) ANY BUGS, SPYWARE, VIRUSES, WORMS, TROJAN HORSES, MALWARE, OR ANY OTHER MALICIOUS SOFTWARE THAT MAY INFECT YOUR EQUIPMENT ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE, OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO CONTENT, OR AUDIO CONTENT FROM THE SITE.
NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
WE DO NOT WARRANT THAT THE SITE OR THE SERVICES, CONTENT, FUNCTIONS, OR MATERIALS PROVIDED THROUGH THE SITE WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE SITE OR PROVIDED SERVICES WILL MEET USERS’ REQUIREMENTS.
YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR OWN SOLE RISK AND CHANGECAST HAS NO LIABILITY FOR ANY LOSS CAUSED TO YOU DUE TO ANY AUTHORIZED ACCOUNT WITH CHANGECAST.
CHANGECAST ASSUMES NO RESPONSIBILITY FOR INTELLECTUAL PROPERTY INFRINGEMENT BY THIRD PARTIES OF ANY PERSONAL DATA, USER PHOTOGRAPHS, AND/OR SUBMITTED MATERIALS.
CHANGECAST DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED FEATURES, AND CHANGECAST WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION PROVIDED ON THE SITE AT ANY TIME AND WITHOUT ANY PRIOR WARNING. WE WILL NOT BE LIABLE FOR ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED ON THE SITE.
UNDER NO CIRCUMSTANCES DOES YOUR USE OF THE SITE FORM ANY RELATIONSHIP, WHETHER IMPLIED OR EXPRESS, WITH CHANGECAST. CHANGECAST HEREBY DISCLAIMS ANY SUCH RELATIONSHIP AND ANY LIABILITY ARISING AS A RESULT OF ITS USE OF ANY CONTENT, INCLUDING, WITHOUT LIMITATION, MESSAGES, COMMENTS OR CONTRIBUTIONS, CONTAINED ON THE SITE.
WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, CHANGECAST AND ITS AFFILIATES, SUPPLIERS, AND LICENSORS MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES PROVIDED VIA THE SITE, AND HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS, AND OTHERWISE ON THE SITE OR IN CORRESPONDENCE WITH CHANGECAST OR ITS AGENTS.
This Copyright Notice describes ChangeCast, LLC’s (hereinafter, “ChangeCast,” “we,” or “us”) current policies and practices with regard to intellectual property rights in connection with the website, www.changecast.com, and any subdomains thereof (the “Site”).
ChangeCast respects the intellectual property rights of others and expects users of the Site to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your work has been copied in a way that constitutes copyright infringement, please send us a written communication that includes the following requirements pursuant to 17 U.S.C. § 512(c)(3) of the Digital Millennium Copyright Act (“DMCA”):
1. A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at the Site are covered by a single notification, a representative list of such works at the Site.
3. Identification of the material that is claimed to be infringing, or to be the subject of infringing activity, and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit ChangeCast to locate the material. Providing URLs is the best way to help ChangeCast to quickly locate the offending content.
4. Information reasonably sufficient to permit ChangeCast to contact you, such as an address, telephone number, and if available an email address at which you may be contacted.
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We reserve the right to remove content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, ChangeCast will also terminate a user’s account if the user is determined to be a repeat infringer.
Our designated copyright agent for notice of alleged copyright infringement appearing on the Site is: Elizabeth J. Rest Hiaring + Smith, LLP 101 Lucas Valley Road, Suite 300 San Rafael, California 94903 United States of America Email: firstname.lastname@example.org
Please note that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages under Section 512(f) of the DMCA.
If, pursuant to the receipt of a copyright notice as set forth above, or otherwise, we remove or disable access to content, and you feel that the removal or disabled access was in error, you may send us a counter-notice. If you elect to send us a counter-notice, you must provide a written communication to ChangeCast’s designated agent (see above) that includes substantially the following:
1. Either a physical or electronic signature of the submitter.
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
3. A statement, under penalty of perjury, that the submitter has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
4. The submitter’s name, address and telephone number and a statement that the submitter consents to the jurisdiction of the Federal Court, Northern District of California, and that the submitter will accept service of process from the person who provided the notice under the DMCA of alleged infringement, or an agent of that person.