Terms Of Services

Terms of Service

Castify Limited (“Castify” or “We”) offers an online video uploading and casting platform through its website located at www.castify.co.uk. By registering as a member or by using Castify in any way, you accept these Terms of Service (“Agreement”), which forms a binding agreement between you and Castify. If you do not wish to be bound by this Agreement, do not use Castify. For the avoidance of doubt, references to Castify in this terms of service also refer to the use of the Castify website (www.castify.co.uk)

User agreement

You must be at least 18 years old to use Castify. We understand that castings may arise for children and those under the age of 18, therefore if you are younger than you must have your parent or legal guardian’s permission to use Castify. In such instances please have your parent of guardian read this Agreement with you.

By granting your child permission to use Castify, you agree to the terms of this Agreement on behalf of your child. You are responsible for monitoring and supervising your child’s use of Castify. If your child is using Castify, is under the age of 18 and does not have your permission, please contact us immediately so that we can disable their access.

Privacy

Your privacy rights are set forth in our Privacy Policy which forms a part of this Agreement. Please review the Privacy Policy to learn about the information we may collect about you, what we use that information for and with whom we share that information.

Membership

To fully use Castify, you must register as a member by providing a user name, password, and valid email address. You must provide complete and accurate registration information to Castify and notify us if your information changes. If you are a business, government, or non-profit entity, the person whose email address is associated with the account must have the authority to bind the entity to this Agreement.

For user accounts we encourage you to use your real name. If you are a business, government, or non-profit entity, you must use the actual name of your organization. Factors permitting, you may not use someone else’s name, a name that violates any third party right, or a name that is obscene or otherwise objectionable. Permission may be sought from relevant competent authorities to disregard the naming policy.

You are responsible for all activity that occurs under your account, including any activity by authorised or unauthorised users. You must not allow others to use your account credentials and you must safeguard the confidentiality of those credentials. If you are using a computer that others have access to, you must log out of your account after using Castify. If you become aware of an unauthorised access to your account, you must change your password and notify us immediately at hello@castify.co.uk.

Subscriptions and Purchases

Inaddition to offering a basic (free) pay as you go Castify membership, we offer paid subscriptions. Please see our Pricing Page for current features and pricing. Features and prices are subject to change. Storage limits are calculated based upon source files. We reserve the right to charge for excessive use of bandwidth.

Subscription payments are final, however fact specific special consideration may be given in certain cases.

You may choose to renew your subscription at the end of the subscription period. By default, all subscriptions are set to automatically renew for the same period of time as the original subscription. You may decline to renew at any time prior to the commencement of a renewal subscription. Castify reserves the right to deny subscriptions, renewals, and other purchases for any reason.

When a paid subscription ends, the account automatically becomes a basic (free) pay as you go account and Castify may disable access to or delete any content to comply with Basic account limits.

Purchases of other products such as upload tokens have an indefinite life until utilised.

Term and Termination; Account Deletion

Theagreement between you and Castify begins on the date you first use Castify and continues as long as you have an account with us.

You may delete your account at any time. Basic accounts may be deleted from Castify due to inactivity (i.e., the user fails to log in) for a continuous period of at least 12 months. Paid subscription accounts will remain active until the end of the subscription term and any renewal term.

Castify may suspend, disable, or delete your account (or any part thereof) or block or remove any content you submitted if Castify determines that you have violated any provision of this Agreement or that your conduct or content would tend to damage Castify’s reputation and goodwill. If Castify deletes your account for the foregoing reasons, you may not re-register on Castify. Castify may block your email address and Internet protocol address to prevent further registration.

Upon termination all information pertaining to the account in question will be deleted and may not be recoverable. Castify shall not be responsible for the loss of such content associated with those accounts.

Content Restrictions

You may not upload, post, or transmit (collectively, “submit”) any video, image, text, audio recording, or other work (collectively, “content”) that:

  • Infringes any third party’s copyrights or other rights (e.g., trademark, privacy rights, etc.);
  • Contains sexually explicit content or pornography (provided, however, that non-sexual nudity is permitted);
  • Contains hateful, defamatory, or discriminatory content or incites hatred against any individual or group;
  • Exploits minors;
  • Depicts unlawful acts or extreme violence;
  • Depicts animal cruelty or extreme violence towards animals;
  • Promotes fraudulent or dubious business schemes; or
  • Violates any law.

 

Code of Conduct

In using Castify, you must behave in a civil and respectful manner at all times. Further, you will not:

  • Act in a deceptive manner by, among other things, impersonating any person;
  • Harass or stalk any other person;
  • Harm or exploit minors;
  • Distribute “spam”;
  • Collect information about others; or
  • Advertise or solicit others to purchase any product or service within the Castify website.
  • Castify has the right, but not the obligation, to monitor all conduct on and content submitted to Castify.

 

Your Representations and Warranties

For each piece of content that you submit, you represent and warrant that: (i) you have the right to submit the content to Castify and grant the licenses set forth above; (ii) Castify will not need to obtain licenses from any third party or pay royalties to any third party; (iii) the content does not infringe any third party’s rights, including intellectual property rights and privacy rights; and (iv) the content complies with this Agreement and all applicable laws.

Castify may on a spontaneous basis review content to perform spot checks to ensure this policy is being adhered to.

Indemnification

You will indemnify, defend, and hold harmless Castify and its directors from and against all third party actions that: (i) arise from your activities on Castify; (ii) assert a violation by you of any term of this Agreement; or (iii) assert that any content you submitted to Castify violates any law or infringes any third party right, including any intellectual property or privacy right.

Third Party Copyrights and Other Rights

Castify respects the intellectual property rights of others. If you believe that your copyright has been infringed, please contact us directly at hello@castify.co.uk

Disclaimers

Castify reserves the right to modify the Castify. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to Castify. Castifty has no obligation to screen or monitor any content and does not guarantee that any content available on Castify complies with this Agreement or is suitable for all users.

Castify provides a service on an “as is” and “as available” basis. You therefore use Castify at your own risk. Castify expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, Castify makes no representations or warranties:

  • That Castify will be permitted in your jurisdiction;
  • That the Castify will be uninterrupted or error-free;
  • Concerning any content submitted by any member;
  • Concerning any third party’s use of content that you submit;
  • That any content you submit will be made available on Castify or will be stored by Castify;
  • That Castify will meet your business or professional needs;
  • That Castify will continue to support any particular feature; or
  • Concerning sites and resources outside of Castify.

 

Limitation of Liability

To the fullest extent permitted by law: (i) Castify Limited or its directors shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses; and (ii) Castify’s total liability to you shall not exceed the amounts paid by you to Castify over the twelve (12) months preceding your claim(s).

 Last Updated: 28 October 2018