Terms of Service
1. About this Document
Pushcast is an online service that allows you to schedule, post, and monitor various types of posts to various social networks, and these are its Terms and Conditions. Please read the following Agreement very carefully before accessing or using the Pushcast service (“the Service”). By accessing or using any part of the Pushcast service, you agree to the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access any of Pushcast’s services. These following terms and conditions govern all use of the Pushcast website ("the Website") and its related services. The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Pushcast's Privacy Policies) and procedures that may be published from time to time on this Site by Pushcast (collectively, the "Agreement"). Pushcasts services are only available only to individuals who are at least 18 years old.
These Terms and Conditions are effective as of March 1st, 2015. If you have any thoughts or questions please let us know via hello [at] pushcast.io or write us at:
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Your Pushcast Team
2. About your Pushcast Account
Pushcast offers access to its service to private individuals as well as companies, both referred to hereinafter as "Users". This Agreement sets forth certain terms and conditions that apply to all Users. Pushcast may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or content. Pushcast may also impose limits on certain features and services or restrict User's access to parts or all of the Services without notice or liability. The User certifies to Pushcast that if User is an individual, the User is at least 18 years of age. User also certifies that it is legally permitted to use the Service, and takes full responsibility for the selection and use of the the Service. This Agreement is void where prohibited by law, and the right to access the Service is revoked in such jurisdictions. The User is solely responsible for the content the User publishes via the Pushcast Service.
3. About the Service Restrictions
User shall not, nor permit anyone else to, directly or indirectly: reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or underlying algorithms of all or any part of the Service (except that this restriction shall not apply to the limited extent restrictions on reverse engineering are prohibited by applicable local law); modify or create derivatives of any part of the Service; rent, lease, or use the Service for timesharing or service bureau purposes; or remove or obscure any proprietary notices on the Service. As between the parties, Company shall own all title, ownership rights, and intellectual property rights in and to the Service, and any copies or portions thereof. The User shall not use any "deep-link", "page-scrape", or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Service or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Service or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Service. Pushcast reserves the right to bar any such activity. The User shall not attempt to gain unauthorized access to any portion or feature of the Service, or any other systems or networks connected to the Service or to any Pushcast server, or to any of the services offered on or through the Service, by hacking, password "mining", or any other illegitimate means. The User shall not probe, scan or test the vulnerability of the Service or any network connected to the Service, nor breach the security or authentication measures on the Service or any network connected to the Service. The User shall not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service or Pushcast's systems or networks, or any systems or networks connected to the Service or to Pushcast. The User shall not use the Service or any Content for any purpose that is unlawful or prohibited by this Agreement.
4. About the Plans, Pricing and Fees
Pushcast charges for its services. By selecting a service type you agree to pay Pushcast the monthly or annual subscription fees indicated for that service. Payments will be charged on the day you sign up for a service and will cover the use of that service for a monthly or annual period as indicated. Service fees are not refundable.
By agreeing to purchases one of the Pushcast services, you agree to pay all fees as and when described per the verification form. Pushcast shall invoice you for the Fees in the currency set forth on the applicable form. Unless otherwise stated on the verification form, all invoices shall be payable within 30 days of the invoice date. Any disputed amounts shall not affect payment of non-disputed amounts. You shall make payments to the entity and address set forth in the invoice.
For purchasing the Pushcast services, you must provide Pushcast with a valid credit card or other forms of cash payment (e.g., PayPal) to pay for Services. If you are purchasing Pushcast Pro or Paid Services via an online purchase, you can choose to purchase on a monthly or yearly subscription. You must provide Pushcast with a valid credit card or PayPal account, and you authorize Pushcast to charge the credit card or PayPal account for the recurring subscription, as per the auto renewal terms below. In addition, you agree that Pushcast has permission to retain and/or share with financial institutions and payment processing firms (including any institutions or firms Pushcast retains in the future) your submitted payment information in order to process your purchase. Subscription to Pushcast services are billed in advance on a monthly or yearly basis (as per the option you have chosen when you purchased Services) and are non-refundable for the subscription period they are purchased for. Depending on where you transact with us, the type of payment method used and where your payment method was issued, your transaction with us may be subject to foreign exchange fees or differences in prices, including because of exchange rates. Pushcast does not support all payment methods, currencies, or locations for payment. If the payment method you use with us, such as a credit card, reaches its expiration date and you do not edit your payment method information or cancel, you authorize Pushcast to continue billing your credit card and/or PayPal account and you remain responsible for any uncollected amounts. Your obligation to pay fees continues through to the end of the subscription period during which you cancel your subscription. All applicable taxes are calculated based on the billing information you provide us at the time of purchase.
If you sign up online for a Pushcast account with a free initial trial period (the “Free Trial”), you must provide Pushcast with a valid credit card or PayPal account. If you do not cancel your account within the first 30 days after it was initially created, your credit card or PayPal account will automatically be billed starting on the first day after the Free Trial is over. If you cancel your Pushcast account prior to the beginning of the 31st day, no charges will be put through your credit card or PayPal account.
Pushcast service purchases are for subscriptions that renew automatically, such as monthly or annually (depending on the option chosen when you purchased Services). You agree that Pushcast may process your credit card or PayPal account on each monthly, annual, or other renewal term (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 Pushcast began on a day not contained in a subsequent month (e.g., your service began on January 30 and there is no February 30), Pushcast will process your payment on the last day of such month. You may elect to cancel your Pushcast Pro account at any time. If you subscribed to a monthly plan, your Pushcast account will be immediately cancelled.
If any amounts due hereunder are not received by Pushcast by the due date, then at Pushcast’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, Pushcast may suspend your access to the Services if Pushcast does not receive the amounts invoiced hereunder at the expiration of such period.
You are responsible for paying all Taxes associated with the subscription to the Services. If Pushcast has the legal obligation to pay or collect Taxes for which you are responsible under this Section, the appropriate amount shall be invoiced to and paid by you, unless you provide Pushcast with a valid tax exemption certificate authorized by the appropriate taxing authority. Any and all payments by or on account of the compensation payable under this Agreement shall be made free and clear of and without deduction or withholding for any Taxes. If you are required to deduct or withhold any Taxes from such payments, then the sum payable shall be increased as necessary so that, after making all required deductions or withholdings, Pushcast receives an amount equal to the sum it would have received had no such deduction or withholding been made.
5. About Your Content
User agrees that all content and materials (collectively, "Content") delivered via the Service or otherwise made available by Pushcast at the Site are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Pushcast does not support the distribution of pornographic content. Except as expressly authorized by Pushcast in writing, User agrees not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such materials or content.
6. About Your and Our Security
As a condition to using certain products and services of the Service, User may be required to register with Pushcast and select a password. User shall provide Pushcast with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of User's account. Pushcast reserves the right to refuse registration of, or cancel a Pushcast User in its discretion. User shall be responsible for maintaining the confidentiality of User's Pushcast password and other account information.
In no event will Pushcast, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: any special, incidental or consequential damages; he cost of procurement or substitute products or services; for interruption of use or loss or corruption of data; or for any amounts that exceed the fees paid by you to Pushcast under this agreement during the twelve month period prior to the cause of action. Pushcast shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
7. About possible Termination
Pushcast may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Pushcast account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid account, such account can only be terminated by Pushcast if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Pushcast's notice to you thereof; provided that, Pushcast can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
8. About possible Changes
Pushcast reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Pushcast may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
9. About Warranties
If User is a Customer, Pushcast makes the following warranty to Customer: Pushcast shall use commercially reasonable efforts consistent with prevailing industry standards to provide the services in a professional and workmanlike manner that is free of defects. Customer's sole remedy, and Pushcast's exclusive liability, for defects in the Service shall be for Pushcast to use commercially reasonable efforts to promptly correct such defects.
Customer represents and warrants that: with respect to all information it provides to Pushcast (such as, Recipient Information), Customer has the full right and authority to make such provision and to allow Pushcast to use such information to provide the Service (including, without limitation, for Pushcast to provide such information to its data providers), none of the content (e.g. emails) transmitted, uploaded or otherwise distributed by it (or its partners or any third party) through use of the Service will infringe or otherwise conflict with the rights of any third party.
The Website is provided "as is". Pushcast and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Pushcast nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
10. About Privacy
11. About Copyright and Indemnification
All content included on the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Pushcast or its content suppliers and protected by United Kingdom and international copyright laws. The compilation of all content on the Site is the exclusive property of Pushcast and protected by German and international copyright laws. All software used on (or provided through) the Site is the property of Pushcast or its software suppliers and protected by United States and international copyright laws.
You agree to indemnify and hold harmless Pushcast, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, including but not limited to out of your violation this Agreement.