Updated June 1, 2020
IMPORTANT – THIS IS A LEGAL AGREEMENT BETWEEN YOU (“You” or the “Authorized User”) AND FAMECAST MEDIA, INC. (“We” or “Famecast”). BEFORE ACCESSING OR USING ANY PART OF THE www.FamecastMedia.com or www.famecast.net WEBSITES OR FAMECAST APPS, YOU SHOULD READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS CONTAINED IN THIS TERMS OF SERVICE AGREEMENT (the or this “TOS”) AS THEY GOVERN YOUR ACCESS TO AND USE OF FAMECAST WEBSITES AND ANY APPS, PROGRAMS, SERVICES, TOOLS, MATERIALS, OR INFORMATION AVAILABLE THROUGH THE WEBSITES OR USED IN CONNECTION THEREWITH (collectively, the or this “Website”). FAMECAST IS WILLING TO LICENSE AND ALLOW THE USE OF FAMECAST WEBSITES ONLY ON THE CONDITION THAT YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS TOS. IF YOU DO NOT AGREE WITH THIS TOS, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE ANY FAMECAST WEBSITES AND ARE INSTRUCTED TO EXIT THE WEBSITES OR DELETE THE APP IMMEDIATELY.
FOR DMCA RELATED QUESTIONS, CLICK HERE.
TERMS AND CONDITIONS
- LICENSE GRANT. The Website is provided by Famecast, and this TOS provides to You a personal, revocable, limited, non-exclusive, royalty-free, non-transferable license to use the Website and any apps, programs, services, tools, materials, or information made available through or from the Website conditioned on Your continued compliance with the terms and conditions of this TOS. This TOS permits You to use and access for personal or business purposes only the Website (i) on a single laptop, workstation, or computer and (ii) from the Internet or through an on-line network. You may also load information from the Website into Your laptop’s, workstation’s, or computer’s temporary memory (RAM) and print and download materials and information from the Website solely for Your personal or business use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information. If You are using the Website on behalf of a company or other form of entity, please note that such a company or entity may have a separate agreement with Famecast regarding access and usage privileges for the Website, including, without limitation, a member services agreement with Famecast. Nevertheless, Your personal use of the Website will be subject to the obligations and restrictions regarding use of the Website as set forth in this TOS.
- RESTRICTIONS. The foregoing license is limited. You may not use, copy, store, reproduce, transmit, distribute, display, rent, lease, sell, modify, alter, license, sublicense, or commercially exploit any data provided by Famecast through the Website in any manner not expressly permitted by this TOS. In addition, You may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein the Website. Moreover, You may not (i) use any “deep link,” “page scrape,” “robot,” “spider,” or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Website or in any way reproduce or circumvent the navigational structure or presentation of the Website to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Website, (ii) attempt to gain unauthorized access to any portion or feature of the Website, including, without limitation, the account of another Authorized User(s), or any other systems or networks connected to the Website or to any Famecast server or to any of the services offered on or through the Website, by hacking, password “mining,” or any other illegitimate or prohibited means, (iii) probe, scan, or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website, (iv) reverse look-up, trace, or seek to trace any information on any other Authorized User of or visitor to the Website, (v) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or Famecast’s systems or networks or any systems or networks connected to the Website, (vi) use any device, software, or routine to interfere with the proper working of the Website or any transaction conducted on the Website, or with any other person’s use of the Website, (vii) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise Your identity or the origin of any message or transmittal You send to Famecast on or through the Website, (viii) use the Website to harvest or collect e-mail addresses or other contact information; (ix) market, co-brand, private label, separately distribute, resell, or otherwise permit third parties to access and use the Website (or any part thereof) without Famecast express, separate, and prior written permission, or (x) use the Website in an unlawful manner or in a manner that could damage, disparage, or otherwise negatively impact Famecast.
- USER OBLIGATIONS. By downloading, accessing, or using the Website in order to view our information and materials or submit information of any kind, You represent that You are at least the legal age of majority and will, at all times, provide true, accurate, current, and complete information when submitting information or materials on the Website, including, without limitation, when You provide information via a Website registration or submission form. If You provide any false, inaccurate, untrue, or incomplete information, Famecast reserves the right to terminate immediately Your access to and use of the Website. In addition, You agree to abide by all applicable local, state, national, and international laws and regulations with respect to Your use of the Website. Without limiting the generality of the foregoing, You agree that You shall not use nor disclose to any other party in a manner not permitted by this TOS any personally identifiable information, which You receive or which is made available from Famecast in connection with this TOS. This TOS is also expressly made subject to any applicable export laws, orders, restrictions, or regulations. You shall not export the Website (or access thereto) without complying with such laws, orders, restrictions, or regulations. In addition, You also acknowledge and agree that use of the Internet and access to or transmissions or communications with the Website is solely at Your own risk. While Famecast has endeavored to create a secure and reliable Website, You should understand that the confidentiality of any communication or material transmitted to/from the Website over the Internet or other form of global communication network cannot be guaranteed. Accordingly, Famecast is not responsible for the security of any information transmitted to or from the Website. You agree to assume all responsibility concerning activities related to Your use of the Website, including, providing any support or meeting any requirements of Your contracts with third parties, obtaining and paying for all licenses and costs for third-party software and hardware necessary for implementation of the Website, and maintaining and backing up any data. Any support, training, updates, upgrades, or maintenance of or for the Website shall only be available through the sole discretion of Famecast or pursuant to the terms and conditions of a separate written agreement with Famecast.
- DELIVERY OF INFORMATION. When using and/or to facilitate the operation of certain features of the Website, You may provide Famecast with additional content or information (a “Posting”). In connection with delivering and providing to Famecast any such Posting, You hereby and automatically grant to Famecast a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right and license (through multiple tiers) to copy, distribute, create derivative works from, display, modify, reformat, transmit, and otherwise use any such content or information as necessary in connection with the Website and Famecast’s service obligations in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content or information. With respect to any such content or information, You must also obtain at Your sole expense all necessary consents, rights, permissions, and clearances (and provide Famecast with reasonable proof thereof (if requested)) required for Famecast to use such content or information in connection with Famecast’s services and the Website. Notwithstanding the foregoing, You acknowledge and agree that Famecast shall not be responsible for any failures, inoperability, delays, or problems caused by Your failure to obtain the necessary rights, clearance or permission or to provide any necessary content or information for Your use of the Website in a timely or accurate manner. Moreover, Famecast assumes no responsibility for the deletion of or failure to store any content or information.
- OTHER TERMS AND CONDITIONS. Additional notices, terms, and conditions may apply to membership, receipt of services, participation in a particular program, conference, training, or seminar, Authorized User registration with the Website, and/or to other specific portions or features of the Website, all of which are made a part of this TOS by this reference. In particular, this TOS, in and of itself, shall not entitle You to any of the Famecast membership benefits until You execute, and Famecast accepts Famecast’s member services agreement with Famecast. You agree to abide by such other notices, terms, and conditions. If there is a conflict between this TOS and the terms posted for or applicable to a specific portion of the Website, the latter terms shall control with respect to Your use of that portion of the Website. Famecast’s obligations, if any, with respect to its programs, services, tools, materials, or information are governed solely by the terms, conditions, notices, and agreements pursuant to which they are provided, and nothing on this TOS should be construed to alter such terms, conditions, notices, and agreements.
- USER NAME HANDLING POLICY. Registration as an Authorized User for access to certain areas of the Website, namely, the Famecast member area, may require both a user name and a password. Only one Authorized User can use one user name and password and, thus, one account. By limiting access, it helps avoid unauthorized usage by other persons or entities because anyone with knowledge of both Your user name and password can gain entry to the Website and to Your account. Accordingly, by using the Website, You agree to consider Your user name and password as confidential information and to keep Your user name and password confidential. You also agree not to use another Authorized User’s user name and password. You will immediately notify Famecast if You become aware of any loss or theft of Your password or any unauthorized use of Your user name and password. Famecast cannot and will not be liable for any loss or damage arising from Your failure to comply with these obligations. Famecast reserves the right to delete or change (with notice) a user name or password at any time and for any reason.
- POSTINGS. This Website may contain blogs, message boards, comment areas, questionnaires, chat rooms, and other interactive features where Authorized Users can share and display certain Postings. To the extent that the Website contains such communication forums (collectively, “Forums”), You agree that by using the Website You will not post or transmit any of the following materials on the Website’s Forums:
- anything that interferes with or disrupts the Website or the operation thereof,
- statements or material that defames, harasses, abuses, stalks, threatens, intimidates, or in any way infringes on the rights of others,
- unauthorized copyrighted materials or any other material that infringes on the intellectual property rights, trade secrets, or privacy of others,
- statements or material that violates other contractual or fiduciary rights, duties, or agreements,
- statements or material that is bigoted, hateful, or racially offensive,
- statements or material that encourages criminal conduct or that would give rise to civil liability or otherwise violates any law or regulation in any jurisdiction,
- statements or material that constitutes anti-competitive collaboration and/or antitrust violations,
- statements or material that contains vulgar, obscene, profane, or otherwise objectionable language or images that typically would not be considered socially or professionally responsible or appropriate in person,
- statements or material that harms minors,
- statements or material that impersonates any other person or entity, whether actual or fictitious, including, without limitation, employees and representatives of Famecast,
- statements or material that misrepresents Your affiliation with any entity and/or Famecast,
- anything that violates the privacy or publicity rights of any other person, including, without limitation, displaying any personal identifying information of another individual,
- chain letters or pyramid schemes,
- statements or material that constitutes junk mail, spam, or unauthorized advertising or promotional materials,
- statements or material that are “off-topic” for a designated Forum, and
- files that contain malicious code, viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer, network, or the Website.
As Forums are public, the Authorized User experience is enhanced if You follow the foregoing and following guidelines. Please use netiquette. Please do not post any content or information of a personal nature, such as video or audio of friends and family. Please be succinct and stay on topic within a particular Forum. Please remember to respect others and their opinions. Famecast encourages open and sincere communication, but urges all Authorized Users to remember that Forums are intended to be a resource for all.
- PERMISSION TO USE POSTINGS. You represent that You have all necessary rights to make the Posting available to Famecast and a Forum, and You also acknowledge that such Postings are non-confidential for all purposes and that Famecast has no control over the extent to which any idea or information may be used by any party or person once it’s posted or displayed. Accordingly, notwithstanding this right and license, it is understood that by merely permitting Your information, content, and materials to appear on the Website, Famecast has not become and is not a publisher of such information, content, and materials and is merely functioning as an intermediary to enable You to provide and display a Posting. Moreover, Famecast assumes no responsibility for the deletion of or failure to store any Posting and recommends that You do not post, display, or transmit any confidential or sensitive information.
- NO PRE-SCREENING OF POSTINGS. Famecast is not responsible for screening, policing, editing, or monitoring Your or another Authorized User’s Postings and encourages all of its Authorized Users to use reasonable discretion and caution in evaluating or reviewing any Posting. Moreover, and except as provided below with respect to Famecast’s right and ability to delete or remove a Posting (or any part thereof), Famecast does not endorse, oppose, or edit any opinion or information provided by You or another Authorized User and does not make any representation with respect to, nor does it endorse the accuracy, completeness, timeliness, or reliability of any advice, opinion, statement, or other material displayed, uploaded, or distributed by You or any other Authorized User. Nevertheless, Famecast reserves the right to delete or take other action with respect to Postings (or parts thereof) that Famecast believes in good faith violate this TOS and/or are, or are potentially, unlawful or harmful to Famecast or its products, services, and goodwill. If You violate this TOS, Famecast may, in its sole discretion, delete the unacceptable content from Your Posting, remove or delete the Posting in its entirety, issue You a warning, and/or terminate Your use of the Website. Moreover, it is a policy of Famecast to take appropriate actions under the Digital Millennium Copyright Act under U.S. Copyright Law and other applicable intellectual property laws. If You become aware of Postings that violate these rules regarding acceptable behavior or content, You may contact Famecast as provided below.
- PROPRIETARY RIGHTS. This TOS provides only a limited license to access and use the Website. Accordingly, You expressly acknowledge and agree that Famecast transfers no ownership or intellectual property interest or title in and to the Website to You or anyone else. All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including html code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of any content contained on or available through the Website, unless otherwise indicated, are owned, controlled, and licensed by Famecast and its successors and assigns and are protected by law including, but not limited to, United States copyright, trade secret, patent, and trademark law, as well as other state, national, and international laws and regulations. Except as expressly provided herein, Famecast does not grant any express or implied right to You or any other person under any intellectual or proprietary rights. Accordingly, Your unauthorized use of the Website may violate intellectual property or other proprietary rights laws as well as other laws, regulations, and statutes. Please be aware that Famecast does enforce its intellectual property rights to the fullest extent of the law and, in particular and without limitation, with respect to illegal use of terms confusingly similar to any of Famecast’s trademarks. This Website is Copyright © 2020 Famecast Media, Inc. and/or its licensors – All rights reserved. Famecast also owns a copyright in the contents of the Website as collective work and/or compilation and in the selection, coordination, arrangement, and enhancement of the content of the Website. Any downloadable or printable programs, directories, databases, information, or materials available through the Website and all copyrights, trade secrets, and know-how related thereto, unless otherwise indicated, are owned by Famecast. Famecast, the Famecast logo, and all other names, logos, and icons identifying Famecast and its programs, products, and services are proprietary trademarks of Famecast, and any use of such marks, including, without limitation, as domain names, without the express written permission of Famecast is strictly prohibited. Other service and entity names mentioned herein may be the trademarks and/or service marks of their respective owners.
- FEEDBACK AND SUBMISSIONS. Famecast welcomes Your feedback and suggestions about Famecast’s products or services or the Website. By transmitting any suggestions, information, material, or other content (collectively, “feedback”) to Famecast, You represent and warrant that such feedback does not infringe or violate the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that You have all rights necessary to convey to Famecast and enable Famecast to use such feedback. In addition, any feedback received through the Website will be deemed to include a royalty-free, perpetual, irrevocable, transferable, non-exclusive right and license for Famecast to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, and display (in whole or in part) worldwide, or act on such feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and You hereby waive any claim to the contrary.
- LINKS TO OTHER SITES. Famecast may provide links, in its sole discretion, to other sites on the World Wide Web for Your convenience in locating or accessing related information, products, and services. These sites have not necessarily been reviewed by Famecast and are maintained by third parties over which Famecast exercises no control. Accordingly, Famecast expressly disclaims any responsibility for the content, the materials, the accuracy of the information, and/or the quality of the products or services provided by, available through, or advertised on these third-party Web sites. Moreover, these links do not imply an endorsement with respect to any third party or any Web site or the products or services provided by any third party.
- THIRD-PARTY PRODUCTS/SERVICES. Famecast, in its sole discretion, may post the advertisements of third parties on the Website and/or feature materials, programs, products, and services provided by third parties, including, without limitation, Famecast’s members. Famecast makes no representations with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, reliability, or correct sequencing of such third-party materials, programs, products, and services or any other materials, programs, products, and services which such third-party materials, products, and services may access. Your correspondence or any other dealings with third parties found on the Website are solely between You and such third party. Accordingly, Famecast expressly disclaims responsibility and liability for all third-party provided materials, programs, products, and services contained on or accessed through the Website, and You agree that Famecast shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such third parties on the Website.
- DISCLAIMER. WHILE FAMECAST ENDEAVORS TO PROVIDE RELIABLE INFORMATION, SERVICES, PROGRAMS, SOFTWARE, AND MATERIALS, THE INFORMATION, SERVICES, PROGRAMS, SOFTWARE, AND MATERIALS AVAILABLE ON OR THROUGH THE WEBSITE ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. FAMECAST IS ALSO NOT RESPONSIBLE FOR ANY POSTINGS PROVIDED BY YOU THAT ARE AVAILABLE THROUGH OR FROM THE WEBSITE. MOREOVER, FAMECAST MAY MAKE MODIFICATIONS AND/OR CHANGES IN THE WEBSITE OR IN THE INFORMATION, SERVICES, PROGRAMS, SOFTWARE, AND MATERIALS AVAILABLE ON THE WEBSITE AT ANY TIME AND FOR ANY REASON. YOU ASSUME THE SOLE RISK OF MAKING USE AND/OR RELYING ON THE INFORMATION, SERVICES, PROGRAMS, AND MATERIALS AVAILABLE ON THE WEBSITE. FAMECAST MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE RESULTS THAT CAN BE ACHIEVED FROM OR THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY, OR ACCURACY OF THE INFORMATION, SERVICES, PROGRAMS, AND MATERIALS AVAILABLE ON THE WEBSITE FOR ANY PURPOSE, AND EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OR ANY OTHER IMPLIED WARRANTY UNDER THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT AS ENACTED BY ANY STATE. FAMECAST ALSO MAKES NO REPRESENTATION OR WARRANTY THAT THE WEBSITE WILL OPERATE ERROR FREE OR IN AN UNINTERRUPTED FASHION OR THAT ANY FILES OR INFORMATION THAT YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES.
- LIMITATION OF LIABILITY. You expressly absolve and release Famecast from any claim of harm resulting from a cause beyond Famecast’s control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other connection problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes, or other labor problems, wars, or governmental restrictions. MOREOVER, IN NO EVENT SHALL FAMECAST BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITE, WITH THE DELAY OR INABILITY TO USE THE WEBSITE, OR FOR ANY INFORMATION, SERVICES, PROGRAMS, PRODUCTS, AND MATERIALS AVAILABLE THROUGH THE WEBSITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF FAMECAST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY. NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF FAMECAST FOR ANY REASON WHATSOEVER RELATED TO USE OF THE WEBSITE SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO FAMECAST IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE DURING THE PRIOR THREE MONTHS.
- INDEMNITY. You agree to defend, indemnify, and hold harmless Famecast and affiliates and all of their respective employees, agents, directors, officers, shareholders, attorneys, successors, and assigns from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees and litigation expenses) relating to or arising from any breach by You of this TOS.
- NOTICE OF SECURITY BREACH. In addition to the foregoing indemnification obligation, if You discover or are notified of a breach or potential breach of security with respect to any personally identifiable information provided or made available by Famecast, You shall immediately (i) notify Famecast of such breach or such potential breach and (ii) if the applicable data was in Your possession or control, including, without limitation, in instances where such possession or control was permitted by this TOS at the time of such breach or potential breach, You shall immediately (a) investigate such breach or such potential breach, (b) inform Famecast of the results of such investigation, (c) assist Famecast using commercially reasonable efforts in maintaining the confidentiality of such information, and (d) assist Famecast as reasonably necessary to enforce Famecast’s rights and to enable Famecast to comply with any state or federal law requiring the provision of notice of any security breach with respect to any personally identifiable information of the affected or impacted data subjects.
- GOVERNING LAW. This TOS has been made in and will be construed and enforced solely in accordance with the laws of the United States of America and the State of California as applied to agreements entered into and completely performed in the State of California. You and Famecast each agree to submit to exclusive subject matter jurisdiction, personal jurisdiction, and venue of the courts in the State of California for any disputes between us under or arising out of this TOS. You also agree to waive any right to a jury trial in connection with any action or litigation in any way arising out of or related to this TOS and acknowledge that either party may seek attorney’s fees in any proceeding. Any claim You might have against Famecast must be brought within two (2) years after the cause of action arises, or such claim or cause of action is barred. You also acknowledge and agree that any applicable state law implementation of the Uniform Computer Information Transactions Act (including any available remedies or laws) shall not apply to this TOS and is hereby disclaimed. Access to the Website from sates, territories, or nations where any aspect of the Website is illegal is prohibited. You access the Website on Your own volition and are responsible for compliance with all applicable local laws with respect to Your access and use of the Website. A printed version of this TOS and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this TOS to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Please contact Famecast if You wish to receive a printed copy of this TOS.
- ENFORCING SECURITY ON THE SITE. Actual or attempted unauthorized use of the Website may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986 under U.S. federal law. Famecast reserves the right to view, monitor, and record activity on the Website without notice or permission from You, including, without limitation, by archiving notices or communications sent by You through the Website. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal or unlawful activity on the Website as well as to disclosures required by or under applicable law or related government agency actions. Famecast will also comply with all court orders involving requests for such information. In addition to the foregoing, Famecast reserves the right, at any time and without notice, to modify, suspend, terminate, or interrupt operation of or access to the Website, or any portion of the Website, in order to protect the Website, Famecast, or Famecast’s business.
- TERM AND TERMINATION. This TOS and Your right to use the Website will take effect at the moment You click “I ACCEPT” or You access or use the Website and is effective until terminated as set forth below. This TOS will terminate automatically if You click “I REJECT”. In addition, Famecast reserves the right at any time and on reasonable grounds, which shall include, without limitation, any reasonable belief of fraudulent or unlawful activity or actions or omissions that violate any term or condition of this TOS, to deny Your access to the Website or to any portion thereof in order to protect its name and goodwill, its business, and/or other Authorized Users, and this TOS will also terminate automatically if You fail to comply with this TOS, subject to the survival rights of certain provisions identified below. Termination will be effective without notice. You may also terminate this TOS at any time by ceasing to use the Website, but all applicable provisions of this TOS will survive termination, as identified below. Upon termination, You must destroy all copies of any aspect of the Website in Your possession. In addition to the miscellaneous section below, the provisions concerning Famecast’s proprietary rights, feedback, indemnity, disclaimers of warranty, limitation of liability, and governing law will survive the termination of this TOS for any reason.
Famecast Media, Inc. DMCA Policy
Introduction. Famecast Media, Inc. (“Famecast”) respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at https://www.copyright.gov/legislation/dmca.pdf and specifically in accordance with 17USC§512(c)(3), Famecast will respond expeditiously to claims of copyright infringement committed using the Famecast Platform and/or any Famecast website (the “Site”) if such claims are reported to Famecast’s Designated Copyright Agent identified below.
Famecast does not control content hosted on third party websites and cannot remove content from sites it does not own or control. If You are the copyright owner of content hosted on a third party site, and You have not authorized the use of Your content, please contact the administrator of that website directly to have the content removed.
DMCA Notice of Alleged Infringement. If You are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site by completing a DMCA Notice of Alleged Infringement (“Notice”) and delivering it to Famecast’s Designated Copyright Agent. Upon receipt of the Notice, Famecast will take whatever action in its sole discretion it deems appropriate, including removal of the challenged content from the Site. Please note that if You fail to comply with all requirements of this section and of 17USC§512(c)(3), Your DMCA notice may not be valid.
Your Notice Must Contain The Following.
- A physical or electronic signature of the copyright owner or person authorized to act on behalf of the copyright owner.
- Identification of the copyrighted work claimed to have been infringed (e.g., a link to your original work or clear description of the materials allegedly infringed).
- Identification of the allegedly infringing material and information reasonably sufficient to permit Famecast to locate the material on our site (please give us a direct link to the allegedly infringing material in addition to a description of it – a link to a profile page is not sufficient for us to identify infringing materials).
- Your contact information, including your name, address, phone number, and email address.
- A statement that You have a good faith belief that use of the material is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the Notice is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner. Deliver this Notice, with all items completed, to Famecast’s Copyright Agent:
Famecast Media, Inc.
122a E. Foothill Blvd., #265
Arcadia, CA 91006
Telephone: +1 (888) 511-6681 – Please reference the specific website URL in question (e.g. “famecast.net” or “famecastmedia.com”) and “DMCA” when leaving a message
Please be advised that Title 17 USC §512(f) provides civil damage penalties, including costs and attorney fees, against any person who knowingly and materially misrepresents certain information in a notification of infringement under 17 USC §512(c)(3).
Counter-Notice. If You believe that Your content that was removed (or to which access was disabled) is not infringing, or that You have authorization from the copyright holder, the holder’s agent, or pursuant to law, to post and use the material in Your content, You may send a Counter-Notice to Famecast’s Copyright Agent.
Your Counter-Notice Must Contain The Following:
- 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 disabled;
- A statement, under penalty of perjury, that You have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material in question;
- Your name, address and telephone number;
- A statement that You consent to the jurisdiction of the Federal District Court for judicial district in which your address is located or, if your address is outside of the USA, for any judicial district in which Famecast may be found and that you will accept service of process from the person who submitted the Notice.
- Your physical or electronic signature.
Policy Regarding Repeat Infringers. Famecast does not condone or tolerate copyright infringement or any violation of the intellectual property rights of Famecast or of others. Famecast reserves the right to terminate the access and/or use privileges of any person who has been determined to be a ‘repeat infringer’ of the copyrights of Famecast or others. Famecast reserves the right to define the criteria by which it determines that a person is a ‘repeat infringer.’ In the event that ‘repeat infringer’ is defined by statute, law, or regulation as applicable to 17 USC § 512, Famecast will adopt that definition as a minimum standard. Without limiting Famecast’s right to define ‘repeat infringer,’ as a general rule, Famecast will define a ‘repeat infringer’ as any person or entity about whom Famecast has received two or more DMCA Notices of Alleged Infringement. Famecast will take into account all relevant facts and circumstances when determining whether or not termination of access and/or use privileges of a ‘repeat infringer’ is appropriate.
REGARDLESS OF WHETHER FAMECAST TERMINATES ACCESS AND/OR USE PRIVILEGES OF ANY PERSON OR ENTITY, ‘REPEAT INFRINGER’ OR OTHERWISE, FAMECAST IN NO WAY WAIVES ANY RIGHT TO PURSUE ANY AVAILABLE REMEDY AT LAW OR IN EQUITY AGAINST COPYRIGHT INFRINGERS OR ANY OTHER INTELLECTUAL PROPERTY RIGHTS VIOLATORS, NOR WILL FAMECAST INDEMNIFY OR PROVIDE LEGAL REPRESENTATION TO ANY ALLEGED INFRINGER IN ANY ACTION ARISING FROM THE ALLEGED INFRINGER’S USE OF ANY FAMECAST WEBSITE OR SERVICE, EXCEPT AS EXPRESSLY DESCRIBED IN THIS NOTICE.
Contact. Famecast welcomes questions, concerns, and feedback about this policy. If you have suggestions for us, feel free to let us know at [email protected] .