Terms of Service

These terms of services (“Terms of Service”) govern the provision and use of a video streaming software platform for broadcasting live video and audio through a live and recordable “session” controlled by a host and the host’s invited guests, (“Services”). 

The Services are operated by Evercast LLC (“us”, "we", “our”), a company registered in Delaware, with its headquarters office located at 7373 East Doubletree Ranch Road, Suite 200, Scottsdale, Arizona 85258, USA.

The terms of the subscription license granted to the host (“Licensee”) to use the Services to invite guests to take part in sessions is set out in a separate agreement between the Licensee and us (“Agreement”). Unless otherwise expressly set forth in the Agreement these Terms of Service are hereby incorporated into the Agreement in relation to the Licensee’s use of the Services.

These Terms of Service also apply to all users (including guests) to whom the Licensee grants access to the Services under the Licensee’s account, (“you”).

By clicking acceptance online to these Terms of Service before using the Services, you agree to comply with these Terms of Service and to be legally bound by these Terms of Service when using the Services.

If you do not agree to these Terms of Services, you must not use the Services.

1. Other terms that may apply to you

Our Privacy Policy also applies to your use of the Services in addition and explains our use of any personally identifiable information that you provide to us when you use the Services.

2. Eligibility

You represent and warrant that you are at least 18 years of age. If you are under age 18, you may not, under any circumstances or for any reason, use the Services. We may, in our sole discretion, refuse to offer the Services to any person or entity and change this eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Service are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these Terms of Service or use of the Services is prohibited or to the extent offering access to the Services conflicts with any applicable law, rule or regulation.

3. General Prohibited Uses

You may use our Services only for lawful purposes. 

You may not use the Services:

• In any way that breaches any applicable local, national or international law or regulation.
• In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
• For the purpose of harming or attempting to harm minors or any person in any way.
• To bully, insult, intimidate or humiliate any person.
• To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards set out below in these Terms of Use.
• To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
• If you are a minor, as legally defined in each applicable jurisdiction. The Services are designed for business use and are not intended to be used by minors.
• To reproduce, duplicate, copy or re-sell any part of our Services in contravention of the provisions of these Terms of Service.
• To access without authority, interfere with, damage, or disrupt:

• any part of our Services;
• any equipment or network on which our Services are stored or operate; 
• any software used in the provision of or use of our Services; 
• any equipment or network or software owned or used by any third party.

• In any high risk environment, for example in the practice of medicine, hazardous environments requiring fail-safe controls, including without limitation operation of nuclear facilities, aircraft navigation/communication systems, air traffic control, and life support or weapons systems.

4. Specific Prohibited Uses

• US Export controls:
  You warrant that you are not a person or entity appearing on the lists published by the U.S. Department of Commerce, the U.S. Department of State, the U.S. Department of Treasury or any other list that may be published by the U.S. Government, as amended from time to time, that is prohibited from acquiring access to or control of items under these Terms of Service, or with which we are prohibited from doing business. Furthermore, you confirm that the Services shall not be used for or in connection with nuclear, chemical or biological weapons, weapons of mass destruction, missiles, unmanned aerial vehicles, and/or to support terrorist activities, that would violate U.S. export controls or economic sanctions laws or regulations.
• HIPPA:
  You will not cause, or otherwise request that we create, receive, maintain or transmit protected health information (as defined at 45 C.F.R. § 160.103) for or on behalf of the Licensee in connection with the Services or in any manner that would make us a business associate (as defined at 45 C.F.R. § 160.103) to the Licensee.
• Abusive Behavior:
  You will not harass, threaten, or defame any person or entity. You will not contact any person who has requested no further contact. You will not use ethnic or religious slurs against any person or group.
• Privacy:
  You will not violate the privacy rights of any person. You will not collect or disclose any personal address, social security number, or other personally identifiable information without each holder’s written permission. You will not cooperate in or facilitate identity theft.
• Intellectual Property:
  You will not infringe the copyrights, trademarks, trade secrets, or other intellectual property rights of any person or entity. You will not reproduce, publish, or disseminate software, audio recordings, video recordings, photographs, articles, or other works of authorship without the written permission of the copyright holder.
• Hacking, Viruses, & Network Attacks:
  You will not access any computer or communications system without authorization, including the computers used to access the Services. You will not attempt to penetrate or disable any security system. You will not intentionally distribute a computer virus, launch a denial of service attack, or in any other way attempt to interfere with the functioning of any computer, communications system, service, or website. You will not attempt to access or otherwise interfere with the accounts of other users of the Services.
• Spam:
  You will not send bulk unsolicited e-mails (“Spam”) or sell or market any product or service advertised by or connected with Spam. You will not facilitate or cooperate in the dissemination of Spam in any way. You will not violate the CAN-Spam Act of 2003.
• Fraud:
  You will not issue fraudulent offers to sell or buy products, services, or investments. You will not mislead anyone about the details or nature of a commercial transaction. You will not commit fraud in any other way.

5. Interactive services

We provide interactive services within the Services. We do not oversee, monitor or moderate any interactive service we provide via our Services, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards.

We provide the ability for the client who sets up and controls use of the virtual room, (“Client Room Owner”) to record sessions as standard part of the service for the room owner.  We offer the ability for the Client Room Owner to choose to download that recording for offline viewing.  Any use of that recording must be approved by the content owner and or the organization for whom the Client Room Owner is performing this work.  This approval must be provided to us upon request before recording downloads will be activated.  This access is subject to ongoing review of authorization.

6. Content standards

These content standards apply to any and all material which you contribute to our Services (“Contribution”), and to any interactive services associated with it. 

These content standards must be complied with in spirit as well as to the letter. The content standards apply to each part of any Contribution as well as to its whole.

We will determine, at our discretion, whether a Contribution breaches the content standards.

A Contribution must:

• Be accurate (where it states facts).
• Be genuinely held (where it states opinions).
• Comply all applicable laws in any country from which it is posted.
• Contributors must be legally authorized by the content owner to contribute or stream.

A Contribution must not:

• Be defamatory of any person.
• Intend to be obscene, offensive, hateful or inflammatory.
• Bully, insult, intimidate or humiliate.
• Promote sexually explicit material.
• Include child sexual abuse material.
• Promote violence.
• Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
• Infringe any copyright, database right or trademark of any other person.
• Intend to deceive any person.
• Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
• Promote any illegal content or activity.
• Be in contempt of court.
• Intend to be threatening, abusive or invade another's privacy, or cause annoyance, inconvenience, or needless anxiety.
• Intend to harass, upset, embarrass, alarm or annoy any other person.
• Impersonate any person or misrepresent your identity or affiliation with any person.
• Give the impression that the Contribution emanates from us, if this is not the case.
• Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.
• Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.
• Contain any advertising or promote any services or web links to other sites.

7. Account Security

The Services are accessible only to the Licensee and their invited guests.

Login credentials (user name/password) are solely and exclusively provided for the Licensee (and for their guests) own personal use. You agree that any login credentials provided by us will not be shared with any third party including those from the same company, same team, or project.

You agree not to transfer, copy, disclose, provide or otherwise make available any designated user account or any confidential information in any form, such as login credentials, to any third party without the prior written consent, or electronic authorization by us. You agree to implement reasonable security measures to protect all confidential account information, but without limitation to the foregoing, shall use best efforts to maintain the security of the access to the designated account. You will use best efforts to cooperate with and assist us in identifying and preventing any unauthorized use, copying, access to or disclosure relating to the Services.

8. Consequences of your breaches

When we consider that a breach of these Terms of Service has occurred, we may take such action as we deem appropriate to correct, remediate, or restore the Services or functionality.  

Failure to comply with these Terms of Service constitutes a material breach of the terms upon which you are permitted to use our Services, and may result in our taking all or any of the following actions:

• Immediate, temporary or permanent withdrawal of your right to use our Services.
• Immediate, temporary or permanent removal of any Contribution uploaded by you to our Services.
• Issuing a warning to you.
• Taking legal proceedings against you, including for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
• Taking further legal action against you.
• Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

We exclude our liability for all action we may take in response to breaches of these Terms of Service. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.

9. Intellectual Property Rights

We own the full intellectual property rights in and to the Services, software contained therein and supporting documentation, including improvements, enhancements, modifications and any feedback provided by you. You have no right to any ownership in or title to, the Services, software contained therein or any of our associated supporting documentation including improvements, enhancements, modifications, or feedback.

Except as specifically permitted in writing you shall not:

• modify or create any derivative works from the Services, including – without limitation – translation or localization; (code written to published APIs (Application programming interfaces) for our software shall not be deemed derivative works); 
• copy our software or Services; 
• reverse engineer, decompile, or disassemble or otherwise attempt to derive the source code for the software within the Services (except to the extent applicable laws specifically prohibit such restriction); 
• redistribute, encumber, sell, rent, lease, use the Services in a timesharing or service bureau arrangement, or otherwise transfer rights to the Services or our software. You may not transfer our software or the Services or a designated account under any circumstances; 
• remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Services; 
• publish or make public any results of benchmark tests, or permit access to or offer the Services to a third party without our prior written consent.

10. Disclaimer

• Equipment:
  You are responsible for obtaining and maintaining any equipment and ancillary services including video-enabled devices, video communication services, modems, hardware, servers, software, operating systems, networking, web servers, internet and telephone service (“Equipment”) needed to connect to, access or otherwise use the Services.
• Third Party Products:
  If third party services, applications, code, hardware or products (“Third Party Products”) are integrated or used in connection with the Services, You agree we make no representations and disclaims all warranties, express or implied, regarding Third Party Products and we shall have, no liability for Third Party Products or any unavailability of Third Party Products.
• Recordings of Meetings:
  The Services provide a function that allows you to record meetings. You have the option to enable or disable the recording function and you are solely responsible for complying with all laws in any relevant jurisdiction when using this feature.
• Use of Services by Guests:
  The Licensee is responsible for ensuring compliance with these Terms of Service by all guests who participate in a session via the Services. Any use of the Services in a manner not permitted by these Terms of Service is a material breach of the Terms of Service. The Licensee is liable for all activities of users attending meetings that occur in a session using the Licensee’s accounts. 

11. Warranties

EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS OF SERVICE, ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF DESIGN, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES OF TITLE AND NON-INFRINGEMENT, ARE EXCLUDED. YOU ACKNOWLEDGE THAT THE SERVICES ARE PROVIDED “AS IS” AND THAT WE DO NOT WARRANT THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE, FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, WILL MEET ANY SPECIFIC USER’S REQUIREMENTS OR THAT THE RESULTS OBTAINED FROM USING THE SERVICES WILL ACHIEVE ANY PARTICULAR RESULTS. THE USER BEARS THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICES.

ANY DOWNLOAD AND USE OF THE SERVICES IS AT THE USER’S OWN RISK AND THE USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO – WITHOUT LIMITATION – ANY COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES. THE USER SHALL BEAR THE COST OF ALL NECESSARY SERVICING, REPAIR AND/OR CORRECTION CAUSED BY SUCH ACTIVITIES. THE SERVICES SHOULD NOT BE USED FOR EXAMPLE WHERE SENSITIVE AND/OR VALUABLE DATA MAY BE LOST OR COMPROMISED.

12. Liability

SUBJECT TO APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE TO YOU FOR – WITHOUT LIMITATION – ANY LOSS OF USE, INTERRUPTION OF BUSINESS, OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR OTHERWISE, WHETHER ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY USER OR THIRD PARTIES OR A FAILURE OF THE SERVICES TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

13. Indemnity

You agree to indemnify, defend and hold harmless us, our affiliates, officers, directors, employees, consultants, agents, suppliers and resellers from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys' fees) arising from your use of the Services, your breaches of these Terms of Service or the infringement or breach by you or any other user of your account, of any intellectual property or other right of any person or entity or applicable law.

14. Applicable law

These Terms of Service, their subject matter and formation are governed by the laws of the State of California and are subject to the exclusive jurisdiction of the state and federal courts located in California.

15. Changes

We may amend these Terms of Service from time to time. Every time you wish to use the Services, please check these terms to ensure you understand the terms that apply at that time. 

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These Terms of Service were most recently updated on February 21, 2021