Welcome to crowdCaster, an online platform that enables you to upload, broadcast and share your audio content (the “Platform”).
Users should read these Terms carefully and make sure that they are understood, before using the Platform. If you do not understand or do not accept any part of these Terms, then you should not use the Platform.
Users should also read the following additional terms carefully, which also apply to the use of the Platform:
- crowdCaster’s Acceptable Use Policy, which sets out the permitted uses and prohibited uses of the Platform;
- crowdCaster’s Cookies Policy, which sets out information about the cookies on the Platform.
By using the Platform, you accept and agree to these Terms and agree to be bound by them.
We may update these Terms from time to time and the latest version will appear on our website with the date that they were updated. By using the Platform after any changes have been posted, Users agree to the new Terms.
Although crowdCaster is working to ensure that the Platform is compatible across various devices, crowdCaster cannot guarantee that the Platform will work with all devices.
To use the Platform you will need to set up an account with us. You need to be 18 or over to create an account. If you are over 13 but under 18 then you can register to use the Platform only with your parent or guardian’s permission. crowdCaster reserves the right to refuse to permit minors to use the Platform at its discretion.
In all cases, you are responsible for your account, including making sure that your details are correct and kept up-to-date and ensuring that your password is secure. We recommend that you use a strong password that contains words, numbers, and upper-case and lower-case characters. You are also responsible for all activity that takes place on your account. You must not share your account with any other person.
If you think your account is being used by anyone else, please contact crowdCaster immediately. If we believe a User’s account has been compromised, we will contact the User to try and resolve the problem and may suspend the User’s account.
You can upgrade your account to a premium version (a “Premium Account”) at any time. As a Premium Account user (a “Premium User”), you will have the ability to upload recordings that are up to 60 minutes in length and have access to a range of additional benefits, more details of which can be found on our Premium Account landing page..
To become a Premium User, simply log in to your crowdCaster account, click the “Go Premium” link on the crowdCaster home page and follow the instructions on screen. You will be asked to submit your payment details in accordance with our accepted payment methods. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your card refuses to authorise payment we can’t upgrade you to a Premium Account. The payment process may be handled by our payment system partner, and we are not responsible for your card issuer or bank charging you as a result of the processing of your credit/debit card payment in accordance with your upgrade. Please note that once you click to confirm your payment, we (or our payment system partner) will process your payment details and the contract between you and crowdCaster for the provision of the Premium Account service will have formed. Your upgrade to the Premium Account service will become effective when you receive a confirmation email from us. Once you’ve paid for your subscription for the first time, the same card will automatically be billed again on the same day each month thereafter for each monthly subscription period until you choose to cancel.
If you upgrade to a Premium Account by mistake or have changed your mind, you may have a legal right to cancel the subscription purchase and obtain a refund of the subscription fee paid (if any). You can cancel your purchase at any time within 14 days of completing your subscription to the Premium Account (the “Cooling-off Period”). You must notify us of your decision to cancel your purchase within this time and can do so by contacting us by post or email or by completing the following details and sending it to us:
To: CrowdCaster, 6 Newbury Street, Wantage, Oxfordshire, United Kingdom, OX12 8BS
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],
Ordered on [*]/received on [*],
[Name of consumer],
[Address of consumer],
[Signature of consumer],
If you do decide to cancel your subscription purchase and have told us within the 14-day period, then we will reimburse you your purchase fee (if any was paid) within 14 days of you telling us and, unless you agree otherwise, we will use the same means of payment as you used for the order.
Any time after the Cooling-off Period, you can still cancel your Premium Account through your account settings page. We will then email you to confirm that we have received your cancellation request. Once you have unsubscribed, we will not bill you again, although you will remain subscribed until they end of the month that you have paid for. We will not refund any subscription fees already paid to us other than during the Cooling-off Period. You will still have access to our free service after you have unsubscribed from your Premium Account.
These cancellation rights do not affect your statutory legal rights. For advice on what rights you may have, please visit www.adviceguide.org.uk.
Your Premium Account may start with a free trial. The free trial lasts for one month, or as otherwise specified during sign-up and is intended to allow new users and certain former users to try the Premium Account service. You will be notified during sign-up whether you are eligible for a free trial.
We will bill you for your monthly Premium Account fee (using the payment details that you entered when you singed up) at the end of the free trial period unless you cancel your upgrade prior to the end of the free trial period. You will not receive a notice from us that your paid upgrade has begun.
Unless otherwise stated and except for User Content and Third Party Content, the past, present and future content of the Platform (including without limitation, software graphics, text, images, designs, compilations, databases, targeting information, and the trade marks, logos, domain names, trade names, service marks, trade identities; any and all copyright material (including source and object code)); and all other materials related to the Platform (the “Content”) is protected by applicable copyrights, trade mark rights, database rights and other proprietary rights. crowdCaster (and/or its licensors) own the Content. Other than as expressly permitted in these Terms, no rights (whether by implication, estoppel or otherwise) in or to the Content are granted to you.
Subject to strict compliance with these Terms, we grant you a limited, personal, non-exclusive, non-commercial, revocable, non-assignable and non-transferrable licence to use the Platform and access the Content, User Content and Third Party Content made available on the Platform and to upload your User Content, always within the functionality permitted by the Platform, for your own personal use and in accordance with the Terms.
You must not use any part of the Content or the User Content of other Users for commercial purposes without first obtaining a commercial licence to do so from crowdCaster.
You may not modify, create derivative works of, decompile, or otherwise attempt to extract source code from crowdCaster Platform, unless you are expressly permitted to do so under an open source license, or crowdCaster give you express written permission.
You may use the Platform to share your User Content with other Users.
“User Content” means material (including without limitation text, images, audio-visual material and any underlying material) that you upload, share or submit using the Platform for whatever purpose (this might include, for example, any comments you post or content you share on other Users’ feeds). If you upload, share or submit any User Content to the Platform, you must comply with crowdCaster’s Acceptable Use Policy.
You shall remain the owner of the copyright in any original User Content that you upload, share or submit to the Platform. The permission you grant to us below is not exclusive. You may continue to use your User Content in any way, provided that such use does not interfere with or impair the rights you have granted to us in these Terms.
By uploading, sharing or submitting any User Content to the Platform and in consideration of us making available to you the opportunity to upload, share or submit the User Content (which you acknowledge as a sufficient benefit to you), you grant to us a worldwide, unconditional, non-exclusive, royalty-free licence (including the right to sub-license or assign) of the entire right and interest in and to such User Content so that crowdCaster and any successor may, subject to these Terms, exploit the User Content in any way relating to or in connection with the provision of the Platform, including to advertise or generate revenue for crowdCaster.
If you are not in a position to grant such a licence to us in respect of your User Content, please do not upload it to the Platform. You understand that you are solely responsible for your User Content and any consequences of uploading, sharing or submitting it to the Platform.
The licence described above allows crowdCaster to provide the Platform to you. This licence also entitles crowdCaster to decompile, edit, amend, adapt, transmit via diffusion service, reproduce partially or entirely any User Content. This licence ends if and when you delete your account, however any User Content may be stored and used by crowdCaster even though your account has been deleted. Once again, you shall continue to own your User Content.
You must not use any part of the User Content for commercial purposes without first obtaining a commercial licence to do so from crowdCaster.
You agree to waive any moral or similar rights in any jurisdiction that you may have in and to any of the User Content, even if the User Content is modified, altered or changed in a way which is not agreeable to you.
You warrant, represent and undertake to crowdCaster that:
- your User Content is your own original work and you own the entire right, title and interest in and to the User Content and/or you have all necessary licences, rights, consents and permissions to use and exploit, and to authorise us to use and exploit the User Content (including from any persons appearing in your User Content) in the manner contemplated by these Terms;
- no further payments, monies, fees or royalties are or shall be due to any third parties relating to, arising out of, or in connection with the exploitation of the User Content via the Platform;
- any User Content you upload, share or submit to the Platform complies with crowdCaster’s Acceptable Use Policy and all applicable laws and does not contain any viruses or other malicious or harmful programs;
- your User Content does not defame third parties or infringe upon the copyright or other intellectual property rights, or rights of privacy of any third parties;
- your User Content does not include any advertising or promotional messages; and
- you will not collect Users’ data or information, or otherwise access the Platform, using automated means without crowdCaster’s written permission.
When you upload, share or submit User Content to the Platform, you may be making the User Content available to the general public. Please do not upload or share User Content if you do not want it to be available to the general public.
We have the right but not the obligation to, at our sole discretion and without notice, remove any User Content that you upload, share or submit to the Platform. Notwithstanding the foregoing, we do not have any obligation to check the accuracy or truthfulness of the User Content, nor to review or monitor such User Content or Users’ use of the Platform.
crowdCaster is not the source of, does not monitor and does not have any control over, the content of User Content submitted or shared by you or any other registered Users. crowdCaster takes no responsibility for any such content nor in anyway do we endorse the opinions, statements or advice expressed in or by any User Content. You understand that you may be exposed to content which does not comply with crowdCaster’s Acceptable Use Policy including material which may be obscene, offensive or otherwise contravenes these Terms.
You hereby indemnify, defend and hold harmless crowdCaster and its employees, affiliates and agents from and against all damages, claims, losses or costs (including legal costs) and expenses whatsoever, arising out of your breach of these Terms, including any actual or alleged infringement by you or third party intellectual property rights in connection with your User Content.
Third Party Content
The Platform may include content from, and links to, other websites and platforms owned and operated by third parties (“Third Party Content”). This content is provided to you for your information only.
Third Party Content may contain materials which you find offensive, objectionable, unlawful or inaccurate. The display of Third Party Content does not constitute recommendations or an endorsement by crowdCaster. We have no control over the content of Third Party Content and we accept no responsibility for it or for any loss or damage that may arise from your use of, or access to, it.
Access and use of Third Party Content, including the information, materials, products, and services on or available through Third Party Content is solely at your own risk.
Accessing the Platform
crowdCaster will do its best to make sure that crowdCaster’s website, app and services are uninterrupted and error free, although crowdCaster can’t guarantee this. If crowdCaster needs to suspend or restrict access to, or update, the Platform or particular content displayed on it, crowdCaster will do its best to minimise any disruption to the User. crowdCaster recommends Users to install virus protection software on any devices the User uses to access the Platform.
The Platform is currently compatible with Android and iOS smartphone and tablets. The Platform requires a device running [iOS7 (or later] or [Android 4.4 (or later)] operating system with a minimum of MB of available memory. Although we are working to ensure the Platform is compatible across various devices, we cannot guarantee that the Platform will work on all devices and it is your responsibility to ensure that you are able to comply with the relevant system requirements as described above. Your use of the Platform and enjoyment of its features and content hosted or made available through the Platform may vary in functionality, availability and quality depending on the type of device you use.
When accessing the Platform over your mobile network, you will be using your data allowance. If you are using 3G or 4G to access content, you must ensure that you are aware of the amount of data in your contract allowance. crowdCaster is not responsible for any charges you may incur in using the Platform.
crowdCaster may change or remove content on the Platform, features of the Platform or parts of crowdCaster’s website or app from time to time. You agree that that it may be necessary to download and install upgrades, updates and additional features from crowdCaster in order to improve, enhance, and further develop the crowdCaster Platform and any software relating to it.
Copyright infringement and content takedown
crowdCaster accepts no obligation to monitor, review, filter, moderate or remove any User Content, Third Party Content or any other content from the Platform. You understand that User Content is provided by Users, not us, and we are not responsible for the User Content or Third Party Content on the Platform. Nevertheless, crowdCaster reserves the right to take any such actions in its discretion.
If you believe that your work, or the work of someone you are authorised to represent, has been uploaded to crowdCaster’s Platform, without your authorisation and in a way that constitutes copyright infringement, you should notify crowdCaster of your copyright infringement claim in accordance with the procedure below.
Please provide a notice of copyright infringement via email to info@crowdCaster.com containing the following information:
- a statement that you have identified works which infringe your copyright, or the copyright of a third party on whose behalf you are entitled to act;
- identification of the location of such works in sufficient detail (including URL) so that crowdCaster can verify their existence;
- a description of the copyright works that you claim have been infringed;
- your full name, address and telephone number and a valid email address on which you can be contacted;
- a statement that you believe in good faith that the disputed use of the material is not authorised by the copyright owner, its agent, or the law; and
- a statement that the information in your notice is accurate and that you are the owner of, or otherwise authorised to act on behalf of the owner of, the copyright work that is allegedly infringed.
crowdCaster has the right to disclose a User’s identity to any third party who is claiming that any User Content posted, uploaded or shared by you using crowdCaster’s Platform constitutes a violation of their intellectual property rights, or of their right to privacy.
crowdCaster has no control over and does not warrant in any way that the content (including User Content and Third Party Content) or other information and materials provided by third parties are accurate, complete, legal, non-infringing, reliable, current or error-free. To the fullest extent permitted by law, crowdCaster disclaims all warranties, representations, and terms and conditions that may relate in any way to any such content.
Your access to the Platform and any action you carry out on the basis of Content, User Content and Third Party Content you obtain from or via the Platform is carried out entirely at your own risk. The Platform, Content, User Content and Third Party Content and any other material displayed on the Platform is provided without any guarantees, conditions or warranties as to its accuracy, suitability, completeness or reliability. We will not be liable to you for any lack of performance, or the unavailability or failure, of the Platform. crowdCaster shall have no liability to Users for any loss of profit, loss of business, business interruption, or loss of business opportunity. crowdCaster also expressly excludes any liability for any loss or damage which may be incurred by Users as a result of their breach of these Terms.
Your use of the Platform and any Content, User Content, Third Party Content, information or other material obtained via the Platform is at your own discretion and risk.
Please note that crowdCaster is not responsible for any lack of functionality, content or any loss of data that is due to your equipment, devices, internet connection, operating system or settings and software.
As a consumer, you are entitled to various statutory warranties (including, for example, a warranty that any service is carried out with reasonable skill and care, and any digital content provided is of satisfactory quality). Nothing in these Terms shall have the effect of excluding or limiting those implied statutory warranties which may not be excluded or limited under applicable law.
No advice or information, whether oral or written, obtained by you from crowdCaster or through the Platform will create any warranty. You understand and agree that you use, access, download, or otherwise obtain information, materials, or data through the Platform or via any Third Party Content at your own discretion and risk and that you will be solely responsible for any damage to your property (including your computer system) or loss of data that results from the download or use of such material or data.
Because some jurisdictions do not allow the exclusion or limitation of certain categories of damages or implied warranties, the above limitations may not apply to you. In such jurisdictions, crowdCaster’s liability is limited to the greatest extent permitted by law.
Nothing in these Terms limits or excludes crowdCaster’s liability for: (i) death or personal injury caused by crowdCaster’s negligence; (ii) fraud or fraudulent misrepresentation; or (iii) any other liability that cannot be excluded by law.
Other important terms
crowdCaster may terminate these Terms at any time if: (a) you breach these Terms; or (b) crowdCaster decides to suspend or terminate the Platform.
These Terms do not affect your legal rights. For more information about your legal rights, you may wish to visit your local Citizens Advice Bureau or Trading Standards Office.
No other person has any rights to enforce any of these Terms.
You may not transfer your rights or obligations under these Terms to anyone else without crowdCaster’s written permission. crowdCaster may transfer its rights and obligations to another party, but this will not affect your rights or crowdCaster’s obligations to you under these Terms.
Each of the paragraphs in these Terms operates separately. If any courts or relevant authority decide that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
The User’s use of the Platform and any Content, User Content and Third Party Content accessed via the Platform, including any dispute or claim arising out of or in connection with it, will be governed by English law. crowdCaster and each User both agree that the courts of England and Wales shall have the non-exclusive jurisdiction.
How to contact crowdCaster
If you have any feedback, questions or complaints or any requests for technical support, then please contact us at email@example.com.
If you wish to run a promotion or advertise on crowdCaster or make payments to crowdCaster, then please contact us at firstname.lastname@example.org for further details.
crowdCaster Limited is a company registered in England and Wales and crowdCaster’s Company Number is 09810749. crowdCaster is owned by Online Radio Broadcasting Limited with its registered office at 6 Newbury Street, Wantage, Oxfordshire, United Kingdom, OX12 8BS. Online Radio Broadcasting Limited’s VAT number is 109841214.
crowdCaster © 2016