Terms and Conditions
Last updated: August 27, 2021
Please read these terms and conditions carefully before using Our
Interpretation and Definitions
The words of which the initial letter is capitalized have meanings defined
under the following conditions. The following definitions shall have the
same meaning regardless of whether they appear in singular or in plural.
For the purposes of these Terms and Conditions: Affiliate
means an entity that controls, is controlled by or is under
common control with a party, where "control" means ownership of 50% or more
of the shares, equity interest or other securities entitled to vote for
election of directors or other managing authority. Account
means a unique account created for You to access our Service
or parts of our Service. Country
refers to: Colorado, United States Company
(referred to as either "the Company", "We", "Us" or "Our" in
this Agreement) refers to HiveCast LLC dba castnet.fm, 3365 Beeler Court, CO
refers to content such as text, images, or other
information that can be posted, uploaded, linked to or otherwise made
available by You, regardless of the form of that content. Device
means any device that can access the Service such as a computer, a cellphone
or a digital tablet. Feedback
means feedback, innovations or
suggestions sent by You regarding the attributes, performance or features of
our Service. Promotions
refer to contests, sweepstakes or other
promotions offered through the Service. Service
refers to the
refer to the services or access to the
Service offered on a subscription basis by the Company to You. Terms and Conditions
(also referred as "Terms") mean these Terms and Conditions that form the
entire agreement between You and the Company regarding the use of the
Social Media Service means any services or
content (including data, information, products or services) provided by a
third-party that may be displayed, included or made available by the
refers to castnet.fm, accessible from
means the individual accessing or using the Service, or the company, or
other legal entity on behalf of which such individual is accessing or using
the Service, as applicable.
These are the Terms and Conditions governing the use of this Service and the
agreement that operates between You and the Company. These Terms and
Conditions set out the rights and obligations of all users regarding the use
of the Service.
Your access to and use of the Service is conditioned on Your
acceptance of and compliance with these Terms and Conditions. These Terms
and Conditions apply to all visitors, users and others who access or use the
By accessing or using the Service You agree to be bound
by these Terms and Conditions. If You disagree with any part of these Terms
and Conditions then You may not access the Service.
represent that you are over the age of 18. The Company does not permit those
under 18 to use the Service.
Your access to and use of the
Service is also conditioned on Your acceptance of and compliance with the
procedures on the collection, use and disclosure of Your personal
information when You use the Application or the Website and tells You about
Your privacy rights and how the law protects You. Please read Our Privacy
Policy carefully before using Our Service.
The Service or some parts of the Service are available only with a paid
Subscription. You will be billed in advance on a recurring and periodic
basis (such as daily, weekly, monthly or annually), depending on the type of
Subscription plan you select when purchasing the Subscription.
At the end of each period, Your Subscription will automatically
renew under the exact same conditions unless You cancel it or the Company
You may cancel Your Subscription renewal either through Your Account
settings page or by contacting the Company. You will not receive a refund
for the fees You already paid for Your current Subscription period and You
will be able to access the Service until the end of Your current
You shall provide the Company with accurate and complete billing information
including full name, address, state, zip code, telephone number, and a valid
payment method information.
Should automatic billing fail to occur for any reason, the
Company will issue an electronic invoice indicating that you must proceed
manually, within a certain deadline date, with the full payment
corresponding to the billing period as indicated on the invoice.
The Company, in its sole discretion and at any time, may modify the
Subscription fees. Any Subscription fee change will become effective at the
end of the then-current Subscription period.
The Company will provide You with reasonable prior notice of any
change in Subscription fees to give You an opportunity to terminate Your
Subscription before such change becomes effective.
continued use of the Service after the Subscription fee change comes into
effect constitutes Your agreement to pay the modified Subscription fee
Except when required by law, paid Subscription fees are non-refundable.
Certain refund requests for Subscriptions may be considered by
the Company on a case-by-case basis and granted at the sole discretion of
Any Promotions made available through the Service may be governed by rules
that are separate from these Terms.
If You participate in any Promotions, please review the
conflict with these Terms, the Promotion rules will apply.
When You create an account with Us, You must provide Us information that is
accurate, complete, and current at all times. Failure to do so constitutes a
breach of the Terms, which may result in immediate termination of Your
account on Our Service.
You are responsible for safeguarding the password that You use
to access the Service and for any activities or actions under Your password,
whether Your password is with Our Service or a Third-Party Social Media
You agree not to disclose Your password to any third
party. You must notify Us immediately upon becoming aware of any breach of
security or unauthorized use of Your account.
You may not use as
a username the name of another person or entity or that is not lawfully
available for use, a name or trademark that is subject to any rights of
another person or entity other than You without appropriate authorization,
or a name that is otherwise offensive, vulgar or obscene.
Your Right to Post Content
Our Service allows You to post Content. You are responsible for the Content
that You post to the Service, including its legality, reliability, and
By posting Content to the Service, You grant Us the right and
license to use, modify, publicly perform, publicly display, reproduce, and
distribute such Content on and through the Service. You retain any and all
of Your rights to any Content You submit, post or display on or through the
Service and You are responsible for protecting those rights. You agree that
this license includes the right for Us to make Your Content available to
other users of the Service, who may also use Your Content subject to these
You represent and warrant that: (i) the Content is Yours
(You own it) or You have the right to use it and grant Us the rights and
license as provided in these Terms, and (ii) the posting of Your Content on
or through the Service does not violate the privacy rights, publicity
rights, copyrights, contract rights or any other rights of any person.
The Company is not responsible for the content of the Service's users. You
expressly understand and agree that You are solely responsible for the
Content and for all activity that occurs under your account, whether done so
by You or any third person using Your account.
You may not transmit any Content that is unlawful, offensive,
upsetting, intended to disgust, threatening, libelous, defamatory, obscene
or otherwise objectionable. Examples of such objectionable Content include,
but are not limited to, the following:
• Unlawful or promoting
• Defamatory, discriminatory, or mean-spirited
content, including references or commentary about religion, race, sexual
orientation, gender, national/ethnic origin, or other targeted groups.
• Spam, machine – or randomly – generated, constituting unauthorized
or unsolicited advertising, chain letters, any other form of unauthorized
solicitation, or any form of lottery or gambling.
• Containing or
installing any viruses, worms, malware, trojan horses, or other content that
is designed or intended to disrupt, damage, or limit the functioning of any
software, hardware or telecommunications equipment or to damage or obtain
unauthorized access to any data or other information of a third person.
• Infringing on any proprietary rights of any party, including patent,
trademark, trade secret, copyright, right of publicity or other rights.
• Impersonating any person or entity including the Company and its
employees or representatives.
• Violating the privacy of any third person.
• False information and features.
The Company reserves the
right, but not the obligation, to, in its sole discretion, determine whether
or not any Content is appropriate and complies with this Terms, refuse or
remove this Content. The Company further reserves the right to make
formatting and edits and change the manner any Content. The Company can also
limit or revoke the use of the Service if You post such objectionable
Content. As the Company cannot control all content posted by users and/or
third parties on the Service, you agree to use the Service at your own risk.
You understand that by using the Service You may be exposed to content that
You may find offensive, indecent, incorrect or objectionable, and You agree
that under no circumstances will the Company be liable in any way for any
content, including any errors or omissions in any content, or any loss or
damage of any kind incurred as a result of your use of any content.
Although regular backups of Content are performed, the Company do not
guarantee there will be no loss or corruption of data.
Corrupt or invalid backup points may be caused by, without
limitation, Content that is corrupted prior to being backed up or that
changes during the time a backup is performed.
The Company will
provide support and attempt to troubleshoot any known or discovered issues
that may affect the backups of Content. But You acknowledge that the Company
has no liability related to the integrity of Content or the failure to
successfully restore Content to a usable state.
You agree to
maintain a complete and accurate copy of any Content in a location
independent of the Service.
Intellectual Property Infringement
We respect the intellectual property rights of others. It is Our policy to
respond to any claim that Content posted on the Service infringes a
copyright or other intellectual property infringement of any person.
If You are a copyright owner, or authorized on behalf of one,
and You believe that the copyrighted work has been copied in a way that
constitutes copyright infringement that is taking place through the Service,
You must submit Your notice in writing to the attention of our copyright
agent via email at email@example.com and include in Your notice a detailed
description of the alleged infringement.
You may be held
accountable for damages (including costs and attorneys' fees) for
misrepresenting that any Content is infringing Your copyright.
DMCA Notice and DMCA Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright
Act (DMCA) by providing our Copyright Agent with the following information
in writing (see 17 U.S.C 512(c)(3) for further detail):
• An electronic or physical signature of the person authorized to act
on behalf of the owner of the copyright's interest.
• A description of
the copyrighted work that You claim has been infringed, including the URL
(i.e., web page address) of the location where the copyrighted work exists
or a copy of the copyrighted work.
• Identification of the URL or
other specific location on the Service where the material that You claim is
infringing is located.
• Your address, telephone number, and email
• 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
• A statement by You, made under penalty of perjury, that the
above information in Your notice is accurate and that You are the copyright
owner or authorized to act on the copyright owner's behalf.
can contact our copyright agent via email at firstname.lastname@example.org. Upon receipt of
a notification, the Company will take whatever action, in its sole
discretion, it deems appropriate, including removal of the challenged
content from the Service.
The Service and its original content (excluding Content provided by You or
other users), features and functionality are and will remain the exclusive
property of the Company and its licensors.
The Service is protected by copyright, trademark, and other laws
of both the Country and foreign countries.
Our trademarks and
trade dress may not be used in connection with any product or service
without the prior written consent of the Company.
Your Feedback to Us
You assign all rights, title and interest in any Feedback You provide the
Company. If for any reason such assignment is ineffective, You agree to
grant the Company a non-exclusive, perpetual, irrevocable, royalty free,
worldwide right and license to use, reproduce, disclose, sub-license,
distribute, modify and exploit such Feedback without restriction.
Links to Other Websites
Our Service may contain links to third-party web sites or services that are
not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility
for, the content, privacy policies, or practices of any third party web
sites or services. You further acknowledge and agree that the Company shall
not be responsible or liable, directly or indirectly, for any damage or loss
caused or alleged to be caused by or in connection with the use of or
reliance on any such content, goods or services available on or through any
such web sites or services.
We strongly advise You to read the
terms and conditions and privacy policies of any third-party web sites or
services that You visit.
We may terminate or suspend Your Account immediately, without prior notice
or liability, for any reason whatsoever, including without limitation if You
breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease
immediately. If You wish to terminate Your Account, You may simply
discontinue using the Service.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of
the Company and any of its suppliers under any provision of this Terms and
Your exclusive remedy for all of the foregoing shall be limited to the
amount actually paid by You through the Service or 100 USD if You haven't
purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event
shall the Company or its suppliers be liable for any special, incidental,
indirect, or consequential damages whatsoever (including, but not limited
to, damages for loss of profits, loss of data or other information, for
business interruption, for personal injury, loss of privacy arising out of
or in any way related to the use of or inability to use the Service,
third-party software and/or third-party hardware used with the Service, or
otherwise in connection with any provision of this Terms), even if the
Company or any supplier has been advised of the possibility of such damages
and even if the remedy fails of its essential purpose.
states do not allow the exclusion of implied warranties or limitation of
liability for incidental or consequential damages, which means that some of
the above limitations may not apply. In these states, each party's liability
will be limited to the greatest extent permitted by law.
"AS IS" and "AS AVAILABLE" Disclaimer
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all
faults and defects without warranty of any kind. To the maximum extent
permitted under applicable law, the Company, on its own behalf and on behalf
of its Affiliates and its and their respective licensors and service
providers, expressly disclaims all warranties, whether express, implied,
statutory or otherwise, with respect to the Service, including all implied
warranties of merchantability, fitness for a particular purpose, title and
non-infringement, and warranties that may arise out of course of dealing,
course of performance, usage or trade practice. Without limitation to the
foregoing, the Company provides no warranty or undertaking, and makes no
representation of any kind that the Service will meet Your requirements,
achieve any intended results, be compatible or work with any other software,
applications, systems or services, operate without interruption, meet any
performance or reliability standards or be error free or that any errors or
defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of
the company's provider makes any representation or warranty of any kind,
express or implied: (i) as to the operation or availability of the Service,
or the information, content, and materials or products included thereon;
(ii) that the Service will be uninterrupted or error-free; (iii) as to the
accuracy, reliability, or currency of any information or content provided
through the Service; or (iv) that the Service, its servers, the content, or
e-mails sent from or on behalf of the Company are free of viruses, scripts,
trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types
of warranties or limitations on applicable statutory rights of a consumer,
so some or all of the above exclusions and limitations may not apply to You.
But in such a case the exclusions and limitations set forth in this section
shall be applied to the greatest extent enforceable under applicable law.
The laws of the Country, excluding its conflicts of law rules, shall govern
this Terms and Your use of the Service. Your use of the Application may also
be subject to other local, state, national, or international laws.
If You have any concern or dispute about the Service, You agree to first try
to resolve the dispute informally by contacting the Company.
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory
provisions of the law of the country in which you are resident in.
United States Federal Government End Use Provisions
If You are a U.S. federal government end user, our Service is a "Commercial
Item" as that term is defined at 48 C.F.R. §2.101.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is
subject to the United States government embargo, or that has been designated
by the United States government as a "terrorist supporting" country, and
(ii) You are not listed on any United States government list of prohibited
or restricted parties.
Severability and Waiver
If any provision of these Terms is held to be unenforceable or invalid, such
provision will be changed and interpreted to accomplish the objectives of
such provision to the greatest extent possible under applicable law and the
remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require
performance of an obligation under this Terms shall not effect a party's
ability to exercise such right or require such performance at any time
thereafter nor shall be the waiver of a breach constitute a waiver of any
These Terms and Conditions may have been translated if We have made them
available to You on our Service. You agree that the original English text
shall prevail in the case of a dispute.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these
Terms at any time. If a revision is material We will make reasonable efforts
to provide at least 30 days' notice prior to any new terms taking effect.
What constitutes a material change will be determined at Our sole
By continuing to access or use Our Service after those revisions
become effective, You agree to be bound by the revised terms. If You do not
agree to the new terms, in whole or in part, please stop using the website
and the Service.
If you have any questions about these Terms and Conditions, You can contact
• By email: email@example.com