ZoeCast.com and its affiliates, successors, subsidiaries, assigns, licensees, and designees (collectively and individually “ZoeCast.com”) provide you access to the ZoeCast.com Web site (the “Site”) subject to the terms and conditions of use set forth below (the “Terms of Service”). ZoeCast.com offers certain services via the Site, including, without limitation, the provision of user-generated web sites, audio and/or video transmissions, and email services (collectively, the “Services”). You agree to read the Terms of Service carefully before using the Site or the Services. By using the Site and the Services, you agree to abide by the Terms of Service, as follows:
1. Fees and Costs
All accounts are set up on a pre-pay basis. All payment is in U.S. currency. Setup fees are charged for all new accounts and major account changes and are non-refundable.
All pricing is guaranteed for the term of pre-payment. ZoeCast.com reserves the right to change prices at any time, unless other terms have been agreed upon.
2. Billing Policies
Please see our Billing Policy
3. Upgrade/Downgrade Policies
- One server type/format change per month
- Unlimited upgrades per month
- 1 downgrade per month
4. Content Guidelines/Prohibited Uses
a. Content Guidelines.
You agree not to post, upload or transmit to the Site or to ZoeCast.com’s servers any sound recordings, video recordings, communications, text, graphics or other information (collectively, “Material”) that:
- is obscene, fraudulent, indecent, discourteous, racially offensive, or abusive;
- defames, abuses, harasses or threatens others;
- contains any viruses, Trojan horses, worms, time bombs, cancelbots, or other disabling devices or other harmful component intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
- advocates or encourages any illegal activity;
- infringes upon the copyright, patent, trademark, trade secret, publicity right or other intellectual property or proprietary right of any third party;
- violates the privacy of individuals, including other users of the Site; or
- violates any applicable local, state, national, or international law.
ZoeCast.com in its sole discretion shall determine your compliance with the foregoing guidelines and reserves the right to delete from the Site without prior notice any material that it deems to be non-complying or otherwise objectionable for any reason.
b. Uploading Sound Recordings.
The uploading of original sound recordings by you to the Site is governed by a License and Release.
c. Transmission of Internet Radio Programs.
You must read and agree to the terms of ZoeCast.com’s Broadcaster Agreement in order to transmit your own Internet radio programs via the Site. To the extent the Terms of Service conflict with the Internet Transmission Agreement with respect to any Internet radio programs transmitted by you via the Site, the Internet Transmission Agreement shall govern with respect to any such Internet radio programs.
d. Bit rate Restrictions on Use.
The maximum bit rate of your Internet radio program may not exceed the bit rate of the Streaming server plan. If you broadcast at a higher rate than the plan allows then your account will be suspended and you will have to pay a reactivation fee before your service will be restored (see below for amount of fee).
Any account that is deactivated by the abuse team will be charged the following reactivation fees:
1st offense – $ 10 .00
2nd offense – $50 .00
3rd offense – $ 75.00 + Account termination
e. Other Restrictions on Use.
You shall comply with all laws and regulations applicable to your use of the Services, the Site, and the Material. ZoeCast.com may take any action with respect to the Material if ZoeCast.com believes, in its sole discretion, that the Material may create liability for itself or any third parties or may cause ZoeCast.com to lose (in whole or in part) the services of its ISPs, vendors or advertisers. You are not permitted to use ZoeCast.com’s name, URL, trademarks or other material in any manner, including, without limitation, in connection with “spam” email messages or newsgroup postings. For the purposes of these Terms of Service, “spam” has the meaning generally understood among Internet users, and includes without limitation “unsolicited electronic mail advertisements”. You may not impose an unreasonable or disproportionately large load (as determined by us in light of the load imposed by other users generally) on ZoeCast.com’s infrastructure. You may not use any “bot” or other automated repetitive or iterative mechanism or the like to gain any sort of benefit from ZoeCast.com or any of its business affiliates.
5. Links to Third-Party Sites
Any third-party sites to which the Site may link are not under ZoeCast.com’s control, and ZoeCast.com does not assume any responsibility or liability for any information, content, communications or materials available on such third-party sites. Absent express language to the contrary, ZoeCast.com does not intend links contained on the Site to be referrals to, or endorsements of, the linked third-party sites or the entities that operate them, and such links are provided for convenience only.
6. DISCLAIMER AND LIMITATION OF LIABILITY
THE SERVICES, INFORMATION, CONTENT, AUDIO AND/OR VIDEO TRANSMISSIONS OR OTHER DATA OF ANY KIND OR NATURE MADE AVAILABLE AT THE SITE (COLLECTIVELY, “Information”) ARE PROVIDED “AS IS”, AND ALL REPRESENTATIONS AND WARRANTIES, EITHER EXPRESS OR IMPLIED ARE DISCLAIMED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ZoeCast.com MAKES NO WARRANTY, REPRESENTATION OR GUARANTY AS TO THE CONTENT, SEQUENCE, ACCURACY, TIMELINESS OR COMPLETENESS OF THE SITE OR THE INFORMATION OR THAT THE INFORMATION MAY BE RELIED UPON FOR ANY REASON. ZoeCast.com MAKES NO WARRANTY, REPRESENTATION OR GUARANTY THAT USE OF THE SITE, THE SERVICES OR THE INFORMATION WILL BE UNINTERRUPTED, SECURE, VIRUS-FREE OR ERROR-FREE OR THAT ANY DEFECTS CAN BE CORRECTED. WITHOUT LIMITING THE FOREGOING PROVISIONS OF THIS SECTION 5, ZoeCast.com SHALL HAVE NO LIABILITY FOR:
- any loss or injury caused, in whole or in part, by its actions, omissions, or negligence, or for contingencies beyond its control, in procuring, compiling, or delivering the Information, the Site or the Services;
- any errors, omissions, or inaccuracies in the Information regardless of how caused, or delays or interruptions in delivery of the Information;
- any decision made or action taken or not taken in reliance upon the Information furnished hereunder;
- any losses or damages whatsoever, whether in contract, tort or otherwise, from the use of, or reliance on, the Information, or from the use by you of the Internet generally;
- any special or consequential damages that are directly or indirectly related to the use of, or the inability to use, the Services or the Site, even if ZoeCast.com has been advised of the possibility of such damages; or
- any lost profits or special, incidental or consequential damages (no matter how they might arise, including from ZoeCast.com’s negligence) arising out of or in connection with the Information, the Services, the Site or the Terms of Service.
Notwithstanding any provision of these Terms of Service to the contrary, ZoeCast.com’s total liability to you is limited to $100. Some states do not allow the foregoing limitations of liability, so they may not apply to you. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you also may have other legal rights which vary from state to state.
7. Privacy and Communications to the Site
8. Representations and Warranties
You represent and warrant that:
- you have full right and power to enter into and perform these Terms of Service, and have secured all third party consents necessary to enter into these Terms of Service;
- all factual assertions that you have made and will make to ZoeCast.com are true and complete; and
- you are of the age of majority, have the right to enter into legally binding agreements, and have the full and complete right to agree to the Terms of Service.
ZoeCast.com reserves the right to terminate this Agreement immediately and without notice for any or no cause, at any time. Without limiting the preceding sentence, ZoeCast.com may terminate your use of the Services or access to the Site immediately and without notice if: (a) you breach the Terms of Service; (b) you infringe the intellectual property rights of a third party in connection with the Services; (c) ZoeCast.com is unable to verify or authenticate any information you provide to it.
10. Governing Law, Jurisdiction and Dispute Resolution
The Terms of Service shall be governed by and construed in accordance with the laws of the State of Texas, without regard to conflict of laws principles. You and ZoeCast.com agree that any and all disputes arising out of or related to these Terms of Service shall be resolved solely through binding arbitration pursuant to the provisions of this paragraph 9 and the then-current rules of the American Arbitration Association (to the extent not inconsistent with this paragraph 9). Any arbitration arising out of or related to these Terms of Service shall be held in Kaufman County, Texas, before one independent arbitrator agreed upon by both parties. Any arbitration will be final and binding, and the arbitrator’s order will be entered and enforceable in any court of competent jurisdiction. The arbitrator will be chosen within thirty (30) days of the submission of any issue to arbitration, the discovery (if any) will be completed within sixty (60) days thereafter, the hearing will occur within thirty (30) days thereafter and the arbitrator must render his or her decision, in writing, within thirty (30) days after the end of such hearing.
11. Changes to the Services and the Site
ZoeCast.com reserves the right to change, suspend or discontinue any aspect of the services or the Site at any time, including the availability of any of the Site features, databases or content. ZoeCast.com will attempt to provide reasonable notice of such changes to the Services or the Site. ZoeCast.com may also impose limits on features or restrict access to parts of the Site.
12. Modifications to the Terms of Service
ZoeCast.com may amend these Terms of Service at any time by posting amended Terms of Service to the Site. The amended Terms of Service shall be effective immediately upon posting to the Site. ZoeCast.com will send out one notification of change, via email. ZoeCast.com therefore encourages you to review these Terms of Service frequently.
13. Unlawful Conduct
Notifications of any unlawful conduct, including, without limitation, copyright or other intellectual property infringement should be sent to ZoeCast.com’s Designated Agent at [email protected].
- Your sole remedy for any breach of these Terms of Service by ZoeCast.com shall be an action at law for money damages, if any. In no event shall you be entitled to injunctive or other equitable relief based on any act or omission of ZoeCast.com, or any breach of these Terms of Service by ZoeCast.com.
- These Terms of Service constitute the entire understanding of you and ZoeCast.com with respect to the subject matter hereof. There are no understandings, agreements, conditions or representations, oral or written, express or implied, with reference to the subject matter hereof that are not merged herein, expressly referenced herein, or superseded hereby.
- Nothing contained in these Terms of Service shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise between you and ZoeCast.com.
- The provisions of these Terms of Service are independent of each other and the invalidity of any provision or a portion thereof shall not affect the validity or enforceability of any other provision. In the event that any particular provision is found to be invalid or unenforceable, such provision shall be deemed to have been replaced with a valid and enforceable provision that approximates as closely as possible the intent of you and ZoeCast.com as reflected in the original provision.
- Any delay or failure on the part of ZoeCast.com to enforce any rights hereunder to which it may be entitled shall not be construed as a waiver of the right and privilege to do so at any subsequent time.
- You indemnify and hold harmless ZoeCast.com, and the officers, directors, employees, partners, principals, agents and representatives of ZoeCast.com, from, against and in respect of any and all demands, claims, actions or causes of action, liabilities, losses, and expenses, including reasonable attorneys’ fees, arising out of or relating to any breach by you of any covenant, representation or warranty made pursuant to these Terms of Service.
- All provisions which must survive in order to give effect to their meaning, shall survive any expiration or termination of these Terms of Service, including without limitation all of your representations, warranties and indemnification obligations.
© 2014 Zoe Networks, Inc. All rights reserved. Zoe Cast and the ZoeCast.com logo are trademarks of Zoe Networks, Inc. All other trademarks, product names, and company names or logos cited herein remain the property of their respective owners.
How you can reach ZoeCast.com
The Services hereunder are offered by Zoe Networks, Inc. located at;
P. O. Box 374
Scurry, TX 75158
Parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.
If you are interested in learning about these protections, information is available at http://www.worldvillage.com/wv/school/html/control.htm or other similar sites providing information on such protections.