Upcast

Terms and Conditions

These Terms and Conditions contain legal obligations. Please read them carefully.

Ownership of Service.

Welcome to UPCAST. The UPCAST websites (www.upcast.video and any variations of or successors to these websites, collectively, the “UPCAST Website” or the “Website”) and the UPCAST service (together with the Website, the “UPCAST Service” or the “Service”) are owned by UPCAST INTERACTIVE S.L. and, from time to time, its subsidiary and affiliate corporations, successors, and assigns (collectively referred to as “UPCAST”). The UPCAST Service currently consists of websites own by UPCAST denominated “TV sites” and operated by other companies or individuals that have entered into an agreement with UPCAST to publish their Content through the UPCAST Service as well as various web pages at or linked to the Website . The UPCAST Service may expand or change from time to time.

Company Information.

Company Name – UPCAST INTERACTIVE S.L.

Address – Avenida Santa Maria del Mar 1, B1 3BD. 11500 El Puerto de Santa Maria, Spain.

Prevailing business activity – Computer programming Prevailing

CIF/ Tax number – ESB72641640

Website – https://upcast.video

E-mail – hello@upcast.video

Application of General Terms and Conditions.

Use by end-users of the UPCAST Service and the UPCAST Website is governed by these General Terms and Conditions. Unless explicitly stated otherwise, any new Services, including any new UPCAST properties, shall be subject to these General Terms and Conditions. In addition, UPCAST may have separate registration procedures and separate terms and conditions, terms of service, user agreements, or similar legal agreement/s for certain of its Services. When you are using any service or product offered by UPCAST that does not have a separate legal agreement, these General Terms and Conditions will apply. In addition, UPCAST also may offer certain services from time to time that is governed by the terms of service of the respective service partners. Where the UPCAST Service is running on third-party websites, the terms and conditions of use of those websites may be applicable in addition to these terms and conditions.

Non-Discrimination.

UPCAST does not discriminate on the basis of age, gender, race, ethnicity, nationality, religion, sexual orientation, or any other protected status.

Questions.

Please direct any legal questions to: Avenida Santa Maria del Mar 1, B1 3BD. 11500 El Puerto de Santa Maria, Spain or through the email hello@upcast.video.

Acceptance and Accuracy.

By using the UPCAST Service and/or the Website, you agree, without limitation or qualification, to be bound by, and to comply with, these Terms and conditions and any other posted guidelines or rules applicable to any website where the UPCAST Service is found. UPCAST may make improvements and/or changes to the Website at any time. Although we attempt to periodically update information on the Website, the information, materials, and services provided on or through the Website may occasionally be inaccurate, incomplete, or out of date. UPCAST is not obliged to update the information contained in the Website, and UPCAST will not be liable for any failure to update such information. We make no representation as to the completeness, accuracy, or currentness of any information on this website, and we undertake no obligation to update or revise the information contained on this website, whether as a result of new information, future events or circumstances, or otherwise. It is your responsibility to verify any information contained on this website before relying upon it.

Integrations.

To the extent Publisher accesses or uses integrations with third-party services made available by UPCAST or through the Products (e.g., services for the provision of advertising), Publisher shall be responsible for its obligations to any such third parties, and UPCAST makes no representation as to the continued access or availability of any such third-party services and shall have no liability related to or arising from such third-party services. Some features or functionality of our Licensed Programs may use YouTube’s Application Interface Program (API). By using those Licensed Programs, you are agreeing to be bound by the YouTube Terms of Service. You can review YouTube’s Terms of Service here: https://www.youtube.com/t/terms. You also agree to the Google Privacy Policy, which can be found here: https://www.google.com/policies/privacy. You can revoke our Licensed Programs’ access to your data via the Google security settings page at https://security.google.com/settings/security/permissions/. If you would like more information about our privacy practices, please see the Company’s Privacy Policy, currently located at https://upcast.video/privacy-policy/, and if you have questions or concerns about our privacy practices you may contact us at hello@upcast.video.

Payment.

General on Payment. UPCAST will pay the Publisher 75% of the net revenue generated by advertising systems provided by UPCAST, as well as the revenue generated by any other monetization system such as the users subscription. Where applicable, UPCAST will reach individual revenue-sharing agreements with Publisher. UPCAST will pay the Publisher 25 days after the end of the month in which the income was earned (25 net). UPCAST will pay Publisher only for months in which earned revenue exceeds 100€ for the month. UPCAST reserves the right to charge an ad-serving fee to cover actual ad-serving costs. Revenue which is not paid to Publisher in any month will be credited to the account of Publisher and paid later when accrued revenue exceeds 100€. Publisher must keep its payment address, email address, and telephone number in their account current. If Publisher has failed to notify UPCAST of changes in Publisher’s account information, causing UPCAST to be unable to notify Publisher in writing, then this Agreement shall terminate without notice. Withholding Payment. UPCAST reserves the right to withhold payment from Publisher if Publisher has engaged in an activity that is deceptive or fraudulent in nature as determined by UPCAST at its sole discretion. Examples of such deceptive or fraudulent acts may include, without limitation, clicks without referring URLs, extraordinarily high numbers of repeat clicks, and clicks from non-approved root URLs. In addition, with respect to Display Creatives, in no event may more than five percent (5%) of Unique Visitors for any payout calculation come from one IP address. Impressions that are served but are not received due to end-user blocking technology or software (e.g., pop-up blocking software) shall not count toward any payout calculation. Taxes. UPCAST assumes no responsibility for paying income taxes on behalf of Publisher. By participating in the UPCAST ad program, Publisher assumes complete and sole responsibility for any taxes owed as a consequence of such participation and agrees to indemnify and not hold UPCAST liable for any such taxes. If Publisher resides in the United States, then Publisher agrees to provide its Social Security number or Federal Employee Identification Number and any other reasonable information to UPCAST for tax reporting purposes. Such information will be used for no purpose other than tax reporting. If Publisher resides outside of the United States, then Publisher may be asked to complete appropriate forms for tax purposes and agree to accurately complete such forms. UPCAST may withhold payment from Publisher in the event that Publisher does not provide accurate tax information or complete any necessary tax or reporting forms, as determined at UPCAST’s sole and absolute discretion.

Payment options. During the registration process, the Publisher must choose the payment method by which UPCAST will pay the income of the Publisher’s website on a monthly basis. The Publisher may modify payment preferences in its control panel only between the 5th and 20th of each month.

Subscription Services.

  • Auto-renewal and Cancellation. If you are purchasing a UPCAST plan on a subscription basis, you can choose to purchase via credit card, on a monthly or yearly subscription. and your subscription will renew automatically. Subscriptions are billed in advance on a monthly or yearly basis (as per the option is chosen when you purchased such services).
  • You agree that UPCAST may process your credit card or on each monthly, annual, or other renewal terms (based on the applicable billing cycle), on the calendar day corresponding to the first day you subscribed to a paid subscription. If your paid subscription to UPCAST began on a day not contained in a subsequent month (e.g., your service began on January 30, and there is no February 30), UPCAST will process your payment roughly every 30 days for that month.
  • All credit card payments will be processed in EURO € currency. The amount your credit card account will be charged for is obtained through the conversion of the price from EUR into your local currency according to the current exchange rate of xe.com. When charging your credit card, the same amount is converted into your local currency according to the exchange rate of credit card associations. As a result of this conversion, there is a possibility of a slight difference from the original price stated on our website.
  • You may cancel your UPCAST subscription plan at any time from your account page. UPCAST reserves the right to cancel your plan in case of violation of these terms, or in case of some other unexpected reasons.
  • You must cancel an ongoing subscription before the renewal date. Cancellations after or on the renewal date will take effect for the next payment period.
  • UPCAST does not save any data concerning your credit cards.
  • If you are subscribed to an annual subscription package, all subscription cancellations will come into effect at the end of your current annual period.

Late fees. If any amounts due hereunder are not received by UPCAST by the due date, then, at UPCAST’s discretion, such charges may accrue late interest at the rate of 12% per year or the maximum rate permitted by law, whichever is lower, from the date such payment was due until the date paid. In addition, upon 10 days’ written notice, UPCAST may suspend your access to the Services if UPCAST does not receive the amounts invoiced hereunder at the expiration of such period. Reclamation policy.  If the user of UPCAST Services is dissatisfied with the said Service because of incorrectly calculated prices or some other deficiencies, the user can submit a reclamation request in accordance with Article 56. of Consumer Protection Law. In the aforementioned scenario, the user is bound to issue a written reclamation request to UPCAST INTERACTIVE S.L. on billling@upcast.video email address. Immediately upon receiving the reclamation request, it will be officially documented, and the user will receive written confirmation of their reclamation request via email. UPCAST INTERACTIVE S.L. will commence with the process of internal control of offered services upon receiving a reclamation request and will deliver a detailed response within 15 days of its submission. UPCAST INTERACTIVE S.L. response will contain UPCAST’s decision on whether it accepts the request, a statement on the Service user’s reclamation request, as well as a concrete suggestion on and a deadline for the reclamation request’s resolution. In the case of a justifiable reclamation request, UPCAST will execute a full refund of paid funds for a deficient Service within 5 days of delivering the response to the user/the submitter of the reclamation request at the latest. Returns and refunds. Users who sign up to subscription plans for the first time have fourteen (14) days after purchase to cancel and receive a refund. Refunds might be partial depending on the usage until cancellation. After the cancellation period ends, all purchases are final and all fees paid are non-refundable, even if your account is later terminated by UPCAST. If your account is terminated due to your breach of this Agreement during the relevant cancellation period, you will not be refunded. In case of refunds to users who’ve paid for UPCAST’s services fully or partially with a credit card, regardless of the reasons for issuing a refund, UPCAST INTERACTIVE S.L. is obliged to issue the refund via VISA, EC/MC, or Maestro payment methods, meaning that the bank will transfer the refunded funds directly to the cardholder’s bank account at the request of UPCAST. For any refund requests, please use the below contact information: billing@upcast.video. In case of a payment via credit card which the buyer has already paid for, entirely or partially, no matter what the refund reason is, UPCAST INTERACTIVE S.L. is obligated to process the refund solely via VISA, EC/MC, and Maestro payment methods, which means that the bank will make a refund to the cardholder as requested by the seller.

Conditions and Restrictions of Use.

  1. Termination.

The use of the UPCAST Service is subject to compliance with these Terms and Conditions. You acknowledge and agree that UPCAST may terminate and/or suspend your access to any portion of the UPCAST Service should you fail to comply with the Terms and Conditions or any other guidelines and rules published by UPCAST. Any such termination or suspension shall be in UPCAST’s sole discretion and may occur without prior notice, or any notice. UPCAST further reserves the right to terminate or suspend any user’s access to UPCAST or to any portion of the UPCAST Service for any conduct that UPCAST, in its sole discretion, believes is or may be directly or indirectly harmful to other users, to UPCAST, or its subsidiaries, affiliates, or business contractors, or to other third parties, or for any conduct that violates any local, state, federal, or foreign laws or regulations. UPCAST further reserves the right to terminate or suspend any user’s access to the UPCAST Service for any reason or for no reason at all, in UPCAST’s sole discretion, without prior notice.

  1. Access to Content.

Please be aware that the majority of the content found on or through the UPCAST service is for general audiences, but there may be certain adult or mature content. Where there is mature or adult content, individuals who are less than 18 years of age or are not permitted to access such content under the laws of any applicable jurisdiction may not access such content. If UPCAST learns that anyone under the age of 13 seeks to conduct a transaction through the Services, UPCAST will require verified parental consent, in accordance with the Children’s Online Privacy Protection Act of 1998 (“COPPA”). Certain areas of the UPCAST Service may not be available to children under 13 under any circumstances. Note that we do not allow the use of our player with pornographic material, whether that material is legal or not.

  1. Registration and Privacy.

Certain of the UPCAST Services will require the user to register and provide certain data. In consideration of use of such Services, in registering and providing such data, you represent and warrant that: (a) the information about yourself is true, accurate, current, and complete (apart from optional items) as required by various UPCAST registration forms (“Registration Data”) and (b) you will maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or UPCAST has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, UPCAST has the right to suspend or terminate your account and refuse any and all current or future use of the Services. All UPCAST registrations become the exclusive property of UPCAST, its affiliates, successors in interest, and subsidiaries. UPCAST reserves the right to use and reuse all registration and other personally identifiable user information subject to the UPCAST Privacy Policy, which is found at https://upcast.video/privacy-policy/. By using the Service, You acknowledge receipt of the UPCAST Privacy Policy, including our Notice Regarding the Privacy of Children Under 13 While on the UPCAST Service. Users may edit, update, alter or obscure their personally identifiable information at any time by following the instructions located in the UPCAST Privacy Policy. For those portions of the UPCAST Service that require registration, upon registering, you will receive a password. You are responsible for maintaining the confidentiality of the password and ID and are fully responsible for all activities that occur under your password or ID. You agree to (a) immediately notify UPCAST of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. UPCAST cannot and will not be liable for any loss or damage arising from your failure to comply with this requirement. In the name of UPCAST INTERACTIVE S.L., we legally bind ourselves to guard the privacy of all the users of our Services. We collect only the necessary, elementary user data and the information needed for conducting business and informing the users in accordance with good business practices with the goal of providing the best quality of service possible. We give our users the freedom of choice, including the ability to choose whether or not they want to remain on our mailing list used for marketing campaigns. All collected user data is reliably protected and is available only to employees who need it to conduct their work. All employees of UPCAST are required to adhere to UPCAST’s Privacy Policy and are to be held liable in case of breaching it.

  1. Confidential Transactional Data Security.

Upon entering credit card data, confidential information is transferred via a protected (via encryption) public network using SSL protocol and PKI system — the state-of-the-art standards in cryptographic technology. Data security during purchases is guaranteed by the credit card processor Stripe, so the entire transactional process is conducted on the Stripe’s end. At no point in the transaction process is the confidential credit card data available to UPCAST.

  1. Responsibility for Minors.

In cases where you have authorized a minor to use the Services, you recognize that you are fully responsible for: ( i) the online conduct of such minor; (ii) controlling the minor’s access to and use of the Services; and (iii) the consequences of any misuse by the minor. YOU ACKNOWLEDGE THAT SOME ASPECTS OF THE UPCAST SERVICE MAY CONTAIN CONTENT THAT IS INAPPROPRIATE FOR MINORS.

  1. Content Not Screened or Error Free.

You acknowledge and agree that by using the Services, you may be exposed to Content that is offensive, indecent, or objectionable. You further acknowledge and agree that the Services and the Content may contain errors or omissions. You acknowledge and agree that UPCAST does not screen or review published content on the Service to determine whether it contains false or defamatory material or material which is offensive, indecent, objectionable, or which contains errors or omissions. Under no circumstances will UPCAST be liable in any way for any user or other third party Content, including, but not limited to, for any defamation, falsehoods, errors, or omissions in any such Content, or for any loss or damage of any kind incurred as a result of the use or publication of any such Content posted, emailed or otherwise transmitted via the Services. UPCAST does not guarantee that any Content will be to your satisfaction. In the event that you believe that Content published on or through the UPCAST Service contains defamatory material or otherwise is published in violation of these terms and conditions, however, please contact us right away at:  hello@upcast.video

  1. User Agreement Not to Circumvent Publishers™ Ownership Rights.

You acknowledge and agree that your rights to view the publisher content that you access on or through the UPCAST Service is strictly limited to the terms of those rights that you obtained in connection with your acquisition of the Content itself. Except as permitted expressly by such rights, you may not copy, reproduce, modify, publish, transmit, transfer or sell, maintain, retain, create derivative works from, distribute or re-distribute, perform, link, display or in any way exploit any Content obtained through the UPCAST Service, including, without limitation, by incorporating data and or Content from the Service into any e-mail, search, catalog, directory, or other “white pages” products or service, whether browser-based, based on proprietary client-side applications, web-based, or otherwise. You understand, agree, and acknowledge that engaging in any of the aforementioned conduct may constitute a crime and/or other forms of unlawful behavior for which you may be held criminally and/or civilly liable.

Fair Use Policy.

This Fair Use Policy describes prohibited uses of the web services offered by UPCAST. The examples described in this Policy are not exhaustive. We may modify this Policy at any time by posting a revised version on the UPCAST Site. By using the Services or accessing the UPCAST Site, you agree to the latest version of this Policy. If you violate the Policy or authorize or help others to do so, we may suspend or terminate your use of the Services. No Network Abuse You may not make network connections to any users, hosts, or networks unless you have permission to communicate with them. Prohibited activities include:

  • Monitoring or Crawling. Monitoring or crawling of a System that impairs or disrupts the System being monitored or crawled.
  • Denial of Service (DoS). Inundating a target with communications requests so the target either cannot respond to legitimate traffic or responds so slowly that it becomes ineffective.
  • Intentional Interference. Interfering with the proper functioning of any System, including any deliberate attempt to overload a system by mail bombing, news bombing, broadcast attacks, or flooding techniques.
  • Avoiding System Restrictions. Using manual or electronic means to avoid any use limitations placed on a System, such as access and storage restrictions.

Our Monitoring and Enforcement We reserve the right but do not assume the obligation to investigate any violation of this Policy or misuse of the Services or UPCAST Site. We may:

  • investigate violations of this Policy or misuse of the Services or UPCAST Site;
  • or remove, disable access to, or modify any content or resource that violates this Policy or any other agreement we have with you for use of the Services or the UPCAST Site.

We may report any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. Our reporting may include disclosing appropriate customer information. We also may cooperate with appropriate law enforcement agencies, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing network and systems information related to alleged violations of this Policy.

Prohibited Conduct.

In addition to the above, you agree that you will not use UPCAST Services to:

  • 1. Upload, post, email, otherwise transmit, or post links to any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of privacy or publicity rights, hateful, or racially, sexually, ethnically or otherwise objectionable.
  • 2. Upload, post, email, otherwise transmit, or post links to any Content that promotes illegal activity, including without limitation the provision of instructions for illegal activity.
  • 3. Upload, post, email, otherwise transmit, or post links to any Content that exploits the images of children under 18 years of age, or that discloses personally-identifying information belonging to children under 18 years of age or harm minors in any other way.
  • 4. Collect or store personally identifying information about other users for commercial or unlawful purposes.
  • 5. Impersonate any person or entity, including, but not limited to, a UPCAST official, employee, or falsely state or otherwise misrepresent your affiliation with a person or entity or employ misleading email addresses or falsify information in the header, footer, return path, or any part of any communication, including emails, transmitted through the Services.
  • 6. Upload, post, email, otherwise transmit, or post links to any Content that you do not have a right to transmit under any law or regulation or under contractual or fiduciary relationships (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements) or upload, post, email, otherwise transmit, or post links to any Content that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights (“Rights”) of any party, or contributing to inducing or facilitating such infringement. This prohibition shall include, without limitation, the following forms of software piracy:
    • Making available copyrighted software or other Content that has had the copyright protection removed.
    • Making available serial numbers for software that can be used to illegally validate or register software.
    • Making available tools that can be used for no purpose other than for “cracking” software or other copyrighted Content.
    • Making available any software files for which the user does not own the copyright or have the legal right to make available.
  • 7. Upload, post, email, otherwise transmit, or post links to any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas that are designated for such purpose.
  • 8. Upload, post, email, otherwise transmit, or post links to any material that contains software viruses, worms, trojan horses, time bombs, trap doors, or any other computer code, files or programs or repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of, or impair the functionality of the Services or UPCAST.
  • 9. Conduct your own contests and promotions or upload, post, email, or in other ways transmit, or post links to any Content regarding any raffle, contest, or game requiring a fee by participants.
  • 10. Interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services.
  • 11. Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law or use UPCAST or the Services to sell, purchase, or offer to sell or purchase any registered or unregistered securities, or upload, post, email, otherwise transmit, or post links to any material that is false, misleading, or designed to manipulate any equity, security, or other markets.
  • 12. Decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from, or sublicense any software deployed in connection with the Services.
  • 13. Advertise, offer for sale, or sell any item you are prohibited from advertising or selling by any applicable local, state, national, or international law, including regulations having the force of law, or advertise, offer for sale, or sell any of the following items:
    • Any firearms, explosives, or weapons.
    • Any food that is not packaged or does not comply with all laws governing the sale of food to consumers by commercial merchants.
    • Any alcoholic beverages.
    • Any tobacco products for human consumption, including, without limitation, cigarettes, and cigars.
    • Any items that are indecent or obscene, that are hateful or racially, sexually, ethnically or otherwise objectionable, that contain child pornography, that is otherwise pornographic in nature or is harmful to minors.
    • Any controlled substances or pharmaceuticals.
    • Any items that are counterfeit or stolen.
    • Any dangerous items.
    • Any goods or services that do not, in fact, exist.
    • Any registered or unregistered securities.
    • Any items that violate or infringe the rights of other parties.
    • Any items that you do not have the legal right to sell.
    • Any items where doing so through UPCAST or the Service would cause UPCAST to violate any law.
  • 14. You expressly acknowledge and agree that UPCAST may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms and Conditions; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of UPCAST, its users and the public. You acknowledge and agree that the technical processing and transmission of the Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You further acknowledge and agree that other data collected and maintained by UPCAST with regard to its users may be disclosed in accordance with UPCAST’s Privacy Policy. UPCAST also may suspend or terminate any user account for any Service because of user inactivity. For example, an UPCAST account may be terminated or suspended if a user fails to sign-in to the UPCAST Service for a period of time longer than 2 months. If one of your accounts is suspended or terminated for inactivity, your right to use such Service immediately ceases.

Notice and Procedure For Making Claims of Copyright or Intellectual Property Infringement.

UPCAST respects the intellectual property of others. UPCAST does not, however, independently confirm that all Content made available through the UPCAST Service is provided by a valid rights holder. In the event that UPCAST becomes aware that Content published on or through the UPCAST Service has been provided by a person who is not a valid rights holder, UPCAST may, in appropriate circumstances and at its discretion, disable and/or terminate the publication of such Content. If you believe that your work has been copied or published in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide UPCAST’s Copyright Agent and/or General Counsel the following information:

  • 1. An electronic or physical signature of a person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • 2. A description of the copyrighted work or other intellectual property that you claim has been infringed;
  • 3. A description of where the material that you claim is infringing is located or found on the Website or Service;
  • 4. Your address, telephone number, and, if available, an email address;
  • 5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • 6. A statement by you that the above information provided by you in your notice is accurate and, under penalty of perjury, that you are the copyright or intellectual property owner or authorized to act on behalf of the copyright or intellectual property owner.

Claims of copyright or other intellectual property infringement should be sent to hello@upcast.video. For a full understanding of any rights and/or remedies you may have in the case of any infringement, please consult with an attorney.

License To Content.

Except as otherwise provided by the UPCAST Privacy Policy, with respect to any Content posted by you on, to, or through UPCAST or the Services, you grant UPCAST a worldwide, royalty-free, perpetual, license to use, copy, transmit, publicly display, publicly perform, create compilations including, create derivative works of, and distribute such Content to publish and promote such Content in connection with the particular Services and to publish and promote such Content elsewhere within UPCAST and the Services. Such a license shall apply m with respect to any form, media, or technology now known or later developed.

DISCLAIMER OF WARRANTIES

UPCAST AND THE SERVICES ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY 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, UPCAST DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, UPCAST DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE SERVICES OR THROUGH ANY LINKS PROVIDED IN THE SERVICES. UPCAST SIMILARLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE SERVICES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT UPCAST DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF INFORMATION OR MATERIAL IN THE SERVICES. UPCAST DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MIS-DELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. UPCAST DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH THE SERVICES, INCLUDING, WITHOUT LIMITATION, FOR HARM CAUSED BY VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. UPCAST MAKES NO WARRANTY REGARDING THE RELIABILITY OR ACCESSIBILITY OF MEMBER WEB PAGES OR ANY STORAGE FACILITIES OFFERED BY UPCAST. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIAL. FORWARD-LOOKING STATEMENTS. THE WEBSITE CONTAINS EXPRESS OR IMPLIED FORWARD-LOOKING STATEMENTS, WHICH ARE BASED ON CURRENT EXPECTATIONS OF MANAGEMENT. THESE STATEMENTS RELATE TO, AMONG OTHER THINGS, OUR EXPECTATIONS REGARDING MANAGEMENT’S PLANS, OBJECTIVES, AND STRATEGIES. THESE STATEMENTS ARE NEITHER PROMISES NOR GUARANTEES, BUT ARE SUBJECT TO A VARIETY OF RISKS AND UNCERTAINTIES, MANY OF WHICH ARE BEYOND OUR CONTROL, AND WHICH COULD CAUSE ACTUAL RESULTS TO DIFFER MATERIALLY FROM THOSE CONTEMPLATED IN THESE FORWARD-LOOKING STATEMENTS AND SUCH STATEMENTS ARE CURRENT ONLY AS OF THE DATE THEY ARE MADE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL UPCAST OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OF AND RELIANCE ON THE SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF UPCAST OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICES, FROM INABILITY TO USE THE SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICES. SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON OR IS LINKED OR RELATED IN ANY WAY TO, THE UPCAST NETWORK. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. UNDER NO CIRCUMSTANCES SHALL UPCAST OR ITS LICENSORS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.

Indemnity.

You agree to indemnify and hold UPCAST and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your violation of these Terms and Conditions or any other applicable published UPCAST usage terms, conditions, policies, or requirements, or your violation of any rights of another.

Third-Party Links.

The Website may contain links to websites operated by other parties. The linked sites are not under the control of UPCAST, and UPCAST is not responsible for the content available on any other Internet sites linked to the Website. Such links do not imply UPCAST’s endorsement of the material on any other site, and UPCAST disclaims all liability with regard to your access to such linked websites. UPCAST provides links to other Internet sites as a convenience to users, and access to any other internet sites linked to the website is at your own risk.

Consent to Exclusive Jurisdiction, Waiver of Objections.

These Terms and Conditions and the relationship between you and UPCAST shall be governed by the laws of the Kingdom of Spain without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within the Kingdom of Spain for the adjudication of any and all claims arising out of your use of the UPCAST Services, and you waive any objection thereto.