Terms of Use
By using and/or visiting the Castpost web site (“Castpost”), a service of Broad Holdings, LLC (“Broad Holdings”), you are agreeing to comply with and be bound by the following terms and conditions of use (“Terms”). Should you object to any term or condition of these Terms or become dissatisfied with Castpost in any way, your only recourse is to immediately discontinue use of Castpost.
1. Basic Terms
* You must be 13 years of age or older to use this site.
* You are solely responsible for your conduct and any data, text, information, screen names, files, graphics, photos, profiles, video and audio clips, links, tags, or other materials (“Content”) that you submit, post, and display on Castpost.
* You are responsible for any activity and Content associated with your screen name.
* You are responsible for keeping your password secure.
* You must not submit Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, libelous, invasive of another's privacy, or harms minors in any way.
* You must not submit Content that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability.
* You must not submit Content that impersonates any person or entity or falsely states or otherwise misrepresents your affiliation with a person or entity.
* You must not submit Content that includes non-public personal or identifying information about another person without that person's explicit consent.
* You may not use the Castpost service for any illegal or unauthorized purpose.
* International users agree to comply with all local laws regarding online conduct and acceptable content.
* You must not modify, adapt or hack Castpost or modify another web site so as to falsely imply that it is associated with Castpost.
* You must not create or submit unwanted email to any Castpost users (“Spam”).
* You must not transmit any worms or viruses or any code of a destructive nature.
* You must not, in the use of Castpost, violate any laws in your jurisdiction (including but not limited to copyright laws).
Violation of any of these terms will result in the termination of your Castpost account. While Castpost prohibits such conduct and content on its site, you understand and agree that Castpost cannot be responsible for the Content posted on its web site and you nonetheless may be exposed to such materials and that you use the Castpost service at your own risk.
2. General Conditions
* We reserve the right to modify or terminate the Castpost service for any reason, without notice at any time.
* We reserve the right to alter these Terms at any time. If the alterations constitute a material change to the Terms, we will notify you via email (if you've provided us with your email address) as well as on the Terms of Use page itself. What constitutes a "material change" will be determined at our sole discretion, in good faith and using common sense and reasonable judgment.
* We reserve the right to refuse service to anyone for any reason at any time.
* We may, but have no obligation to, remove Content and accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property or these Terms.
* The Castpost service makes it possible to post media hosted on Castpost to outside web sites. Pages on other web sites that display media hosted on castpost.com must credit Castpost and provide a link back to Castpost from each item to the item on Castpost.
3. Copyright.
Castpost does not claim ownership of Content that its users post. By posting Content to any public area of the Castpost service, you automatically grant, and you represent and warrant that you have the right to grant to Castpost an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, reproduce, modify, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses of the foregoing.
If you believe that work has been copied in a way that constitutes copyright infringement, or intellectual property rights have been otherwise violated, please notify Castpost's agent for notice of claims of copyright or other intellectual property infringement ("Agent"), at copyright@castpost.com, or:
Copyright Agent
Broad Holdings, LLC
188 South Park, #4
San Francisco, CA 94107
Please provide the following:
* A description of the copyrighted work claimed to have been infringed;
* A description of the infringing material and information reasonably sufficient to permit Castpost to locate the material;
* A statement by you 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;
* A statement that the information in the notification is accurate, and, under the pains and penalties of perjury, that you are authorized to act on behalf of the copyright owner;
* Your contact information, including your address, telephone number, and email; and
* A physical or electronic signature of the copyright owner or the person authorized to act on his/her behalf.
4. Termination of service
You agree that Broad Holdings, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Castpost service (or any part thereof), immediately and without notice, and remove and discard any Content within the Castpost service, for any reason, including, without limitation, if Broad Holdings believes that you have acted inconsistently with the letter or spirit of the Terms. Further, you agree that Broad Holdings shall not be liable to you or any third-party for any termination of your access to the service. Further, you agree not to attempt to use the Castpost service after said termination. Sections 2 and 5-9 shall survive termination of these Terms.
5. Disclaimer of Warranties
YOU AGREE THAT USE OF THE CASTPOST SITE AND SERVICE IS ENTIRELY AT YOUR OWN RISK. THE CASTPOST SITE AND SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, BROAD HOLDINGS DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE CASTPOST SITE AND SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, BROAD HOLDINGS DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE CASTPOST SITE OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE CASTPOST SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, BROAD HOLDINGS DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE CASTPOST SITE OR SERVICE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
6. Limitations of Liability
UNDER NO CIRCUMSTANCES SHALL BROAD HOLDINGS BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF BROAD HOLDINGS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE CASTPOST SITE OR SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE CASTPOST SITE OR SERVICE, FROM INABILITY TO USE THE CASTPOST SITE OR SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE CASTPOST SITE OR SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE CASTPOST SITE OR SERVICE OR ANY LINKS ON THE CASTPOST SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE CASTPOST SITE OR SERVICE OR ANY LINKS ON THE CASTPOST SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdiction, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.
7. Indemnity
You agree to indemnify and hold Broad Holdings, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Castpost service, your use of the Castpost service, your violation of the Terms, your breach of any of the representations and warranties herein, or your violation of any rights of another.
8. General information
The Terms constitute the entire agreement between you and Broad Holdings and govern your use of the Castpost service, superseding any prior agreements between you and Broad Holdings. The Terms and the relationship between you and Broad Holdings shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Broad Holdings agree to submit to the personal and exclusive jurisdiction of the courts located within the county of San Francisco , California . The failure of Broad Holdings 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. 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 Castpost service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
9. Violations of Terms and Liquidated Damages
Please report any violations of the Terms by emailing help @ castpost.com. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.