Updated April 22, 2015PLEASE READ THESE TERMS OF SERVICE CAREFULLY – THIS IS A BINDING AGREEMENT BETWEEN DACAST INC (“DACAST”), A PROVIDER OF VIDEO STREAMING SERVICES, AND YOU AND, IF APPLICABLE, THE COMPANY OR OTHER LEGAL ENTITY YOU REPRESENT (COLLECTIVELY, “YOU”). This explicitly includes pricing, support, included features and service expiration terms.
Our Paid Services include, but are not limited to: Monthly Streaming Services Plans (Monthly Plans) Streaming Services sold ‘Pay as You Go’ or by ‘Event Pricing’ (Pay as You Go) Da Cast Broadcast Manager software Da Cast Advertising Interface Da Cast Subscription and Pay Per View paywall (the Paywall) Da Cast Application Programming Interfaces (APIs)We may, at our sole discretion and without notice, (i) begin charging fees for a Free Service, in which case such Service will thereafter be deemed a Paid Service, or (ii) cease charging fees for a Paid Service, in which case such Service will thereafter be deemed a Free Service.
The Paid Services include any and all web services and related support services that we make available to you for a fee, except those web services for which we specifically provide a separate customer agreement.
BY CLICKING THE “ACCEPT” BUTTON FOR THIS AGREEMENT OR ACCEPTING ANY MODIFICATION TO THIS AGREEMENT IN ACCORDANCE WITH SECTION 2 BELOW, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING CLAUSES ON PAYMENTS, CANCELLATIONS, AND REFUNDS. You agree that we may modify this Agreement, or any policy or other terms referenced in this Agreement and/or in the descriptions of the Paid Services as published on any Da Cast Website (collectively, “Additional Policies”) at any time by posting a revised version of the Agreement or such Additional Policy on any Da Cast Website.
Paid Services We may suspend your right and license to use any or all Paid Services (and any associated Da Cast Properties), or terminate this Agreement in its entirety (and, accordingly, cease providing all Services to you), for any reason or for no reason, at our discretion at any time by providing you thirty (30) days advance notice in accordance with the notice provisions set forth in Section 15 below.We may suspend your right and license to use any individual Service or any set of Services, or terminate this Agreement in its entirety (and, accordingly, your right to use all Services), for cause effective as set forth below:3.4.1.Immediately upon our notice to you in accordance with the notice provisions set forth in Section 15 below if: (i) you attempt a denial of service attack on any of the Services; (ii) you seek to hack or break any security mechanism on any of the Services or we otherwise determine that your use of the Services or the Da Cast Properties poses a security or service risk to us, to any user of services offered by us, to any third party sellers on any of our websites, or to any of our customers or their respective customers, or may subject us or any third party to liability, damages or danger; (iii) you otherwise use the Services in a way that disrupts or threatens the Services; (iv) you are in default of your payment obligations hereunder and there is an unusual spike or increase in your use of the Services; (v) we determine, in our sole discretion, there is evidence of fraud with respect to your account; (vi) you use any of the Da Cast Content (as defined in Section 6.1) or Marks (as defined in Section 6.2) other than as expressly permitted herein; (vii) we receive notice or we otherwise determine, in our sole discretion, that you may be using Da Cast Services for any illegal purpose or in a way that violates the law or violates, infringes, or misappropriates the rights of any third party; (viii) we determine, in our sole discretion, that our provision of any of the Services to you is prohibited by applicable law, or has become impractical or unfeasible for any legal or regulatory reason; or (ix) subject to applicable law, upon your liquidation, commencement of dissolution proceedings, disposal of your assets, failure to continue your business, assignment for the benefit of creditors, or if you become the subject of a voluntary or involuntary bankruptcy or similar proceeding.3.4.2.One (1) business day following our provision of notice to you in accordance with the notice provisions set forth in Section 15 below if you are in default of any payment obligation with respect to any of the Services, or if any payment mechanism you have provided to us is invalid, cancelled, or charges are refused for such payment mechanism, and you fail to cure such payment obligation default or correct such payment mechanism problem within such 1 day period and do not have sufficient credit balance to cover the obligation.This specifically includes cancellation by you of a credit card or other accepted payment method used in the purchase such as a Pay Pal Recurring Payment plan.3.4.3.