Last Updated: Feb 16, 2022
Table of Contents
Terms of Service
These Terms of Service (“Terms”) govern your use of the Hovercast platform provided by Hovercast, Inc. (“Hovercast”, “we”, “us”, or “our”), including our websites (hovercast.com and Hovercast Live), and any products and services that we provide through our websites (collectively, the websites, products, and services referred to as the “Service”).
These Terms apply to visitors and users of the Service. Your use of the Service is also subject to the Acceptable Use Policy. If you’re invited to be a Creator (defined below), your use of the Service as a Creator is subject to the Creator Terms of Service (“Creator Terms”). Certain products and services may be subject to additional terms, policies, guidelines, or rules, which will be posted in connection with such products and services. All such additional terms, policies, guidelines, and rules are incorporated by reference into these Terms.
PLEASE READ THESE TERMS CAREFULLY. By using the Service, you represent and warrant that you have read, understand, and agree to be bound by these Terms. If you do not agree, do not access or use the Service.
ARBITRATION NOTICE: THESE TERMS CONTAIN AN ARBITRATION AGREEMENT IN SECTION 17. EXCEPT AS DESCRIBED IN SECTION 17: (1) YOU AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY BINDING AND FINAL ARBITRATION; (2) YOU MAY PURSUE CLAIMS AND SEEK RELIEF AGAINST US ONLY ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (3) YOU WAIVE YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS. THIS INCLUDES CLAIMS THAT AROSE OR WERE ASSERTED PRIOR TO THE “LAST UPDATED” DATE AT THE TOP OF THESE TERMS.
ALPHA RELEASE NOTICE: This is the alpha release of the Service (“Alpha Release”), which is an early release that we are making available to you prior to the general commercial release of the Service so that we can test and improve the Service. You are not required to use the Alpha Release, but if you elect to use it, you do so under the following terms:
- Your right to use the Alpha Release may be limited in time.
- We may request or require that you provide suggestions, feedback, or data regarding your use of the Alpha Release, which you grant Hovercast the right to use, dissect and repurpose in its sole discretion.
- You specifically acknowledge that the Alpha Release is only released for testing and improvement purposes, in particular to provide Hovercast with feedback on the quality and usability of said Alpha Release, and therefore contains errors, is not final and may create incompatibilities or damage to your computer, data, and/or software. If you decide to use the Alpha Release, you shall only use it in compliance with its purposes, i.e. for testing and improvement purposes and in any case not on a system or for purposes where the malfunction of the Alpha Release can cause any kind of damage. In particular, maintain full backups of any system that you choose to access the Alpha Release on.
Table of Contents
- Access to the Service
- Submitting Requests and Boosts
- Hovercast Clips
- Additional Terms
- Copyright Policy
- Third Party Content and Interactions
- Termination and Reservation of Rights
- Disclaimers and Limitations on our Liability
- Arbitration Agreement and Waiver of Certain Rights
- Other Provisions
- Changes to these Terms
- Contact Us
In order to use certain features of the Service, you must register for a Hovercast account and provide certain information about yourself as prompted by the account registration form. You agree to provide true, accurate, current, and complete information. You agree not to register an account using a false identity or providing false information or if you have previously been removed or banned from the Service. You are responsible for maintaining the confidentiality of your account information, including your username and password. You are responsible for all activities that occur on or in connection with your account and you agree to notify us immediately of any unauthorized access or use of your account. You acknowledge and agree that we are not responsible or liable for any damages, losses, costs, expenses, or liabilities related to any unauthorized access to or use of your account.
- Age: You must be at least 16 years old to use the Service. If you are between the ages of 16 and 18 (or between 16 and the age of legal majority in your jurisdiction of residence), you may only use the Service under the supervision of a parent or legal guardian who agrees to be bound by these Terms.
- Representations and Warranties: You represent and warrant that:
- You can form a binding contract with Hovercast, Inc.
- You (and any account that you registered or control) have not been previously banned or removed from the Service for any reason.
- You have not been prohibited from using or accessing any aspect of the Service by us or pursuant to any applicable law or regulation and are not on a prohibited list of any third party payment provider that we select.
- You are not a convicted sex offender.
- You will comply with these Terms, the applicable terms of any third party payment provider that we select, and all applicable local, state, national, and international laws, rules, and regulations.
- Authorization: If you are using the Services on behalf of a business or some other entity, you state that you are authorized to grant all licenses set forth in these Terms and to agree to these Terms on behalf of the business or entity.
- Export Control: You may not use, export, import, or transfer any part of the Service except as authorized by U.S. law, the laws of the jurisdiction in which you use or access the Service, or any other applicable laws. In particular, but without limitation, no part of the Service may be exported or re-exported: (i) into any country embargoed by the U.S.; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Persons List or Entity List. By using the Service, you represent and warrant that: (x) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; and (y) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Service for any purpose prohibited by law. You acknowledge and agree that products, services, and technology provided by Hovercast are subject to the export control laws and regulations of the U.S. You will comply with those laws and regulations and will not, without prior U.S. government authorization, export, re-export, or transfer Hovercast products, services, or technology, either directly or indirectly, to any country in violation of those laws and regulations.
3. Access to the Service
- License. Subject to these Terms, Hovercast grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Service solely for your own personal, noncommercial use.
- Certain Restrictions.The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Service, whether in whole or in part, or any content displayed on the Service; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Service; (c) you shall not access the Service in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the Service may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the Service shall be subject to these Terms. All copyright and other proprietary notices on the Service (or on any content displayed on the Service) must be retained on all copies thereof.
- Modification. Hovercast reserves the right, at any time, to modify, suspend, or discontinue the Service (in whole or in part) with or without notice to you. You agree that Hovercast will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Service or any part thereof.
- No Support or Maintenance. You acknowledge and agree that Hovercast will have no obligation to provide you with any support or maintenance in connection with the Service.
- Ownership. Excluding any User Content (defined below) that you may provide, you acknowledge that all the intellectual property rights, including copyrights, patents, trade marks, and trade secrets, in the Service and its content are owned by Hovercast or its suppliers. Neither these Terms (nor your access to the Service) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section 3.a. Hovercast and its suppliers reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms.
4. Submitting Requests and Boosts
- Through the Service, you may submit a request for the live stream host (“Creator”) to complete an action, answer a question, or read a comment (each a “Request”). We reserve the right to reject any Request in our sole discretion.
- If you register a payment method, you may also add a donation (a “Boost”) to your Request or Requests submitted by other users. If the Creator accepts a Request, payment for any Boosts associated with that Request will be processed. You may withdraw a Boost before the Creator accepts the Request. Once accepted, Boosts are non-refundable. Boosts are merely donations. You are not receiving any goods or services in return for Boosts. Boosts do not create any obligation on the Creator accepting the Request or on Hovercast..
- The Creator may accept or ignore Requests in its sole discretion. If the Creator accepts a Request, including Requests with Boosts, the Creator has sole discretion as to what he or she does with the Request and is under no obligation to acknowledge, respond to, or fulfill the Request. Hovercast is not liable for any ignored or unacknowledged Requests or Boosts.
- By submitting a Boost, you agree that the card is your own and authorize us to charge each Boost amount in full. This charge is non-refundable, non-profitable, and/or exchangeable and cannot be withdrawn or charged back.
- We reserve the right to impose limits on the number of Boosts you can send through our Service.
5. Hovercast Clips
- When you submit a Request or Boost that is accepted by a Creator, we may in our sole discretion (but have no obligation to) send you a short video clip (“Clip”) of the accepted Request.
- The Creator hereby grants you the following limited rights to use the Clip solely for your own personal, non-commercial, and non-promotional purposes, subject to these Terms: a non-exclusive, royalty-free, fully paid, worldwide, sublicensable, revocable license to use, reproduce, distribute, and publicly display the Clip, in any and all media (for example, on social media platforms), whether now known or hereafter invented or devised.
- You may not sell, resell, commercialize, or encumber your rights in any Clip, including creating a non-fungible token (“NFT”) from any Clip except as agreed by Hovercast in writing. You may sublicense your rights in a Clip only to the extent necessary for you to use the Clip as permitted under these Terms (for example, sharing it with friends on a social media platform).
- You may use a Clip only in accordance with these Terms, which includes our Acceptable Use Policy. We may terminate all or part of the foregoing licenses at any time for any reason. We reserve the right to remove a Clip from our Service at any time for any reason without any notice to you.
You acknowledge and agree that:
- Hovercast will not be liable or responsible for any Request, Boost, or Clip.
- You have no expectation of privacy with respect to any Request, Boost, or Clip, and you will not make any Request that infringes on the privacy or other rights of a third party.
- The Hovercast watermark on each Clip must remain intact and you agree not to edit, change, modify, cover, or remove the watermark from any Clip or assist or encourage any third party to do so. You further agree not to edit, change, modify, or create any derivative work of a Clip or assist or encourage any third party to do so.
- If you breach any provision of these Terms, we terminate your access to the Service, or we remove or ban you (or any account you created or control), your license to use any Clip, or other offering under these Terms terminates and you must: promptly remove all copies of any Clip, or other offering in your possession or control, including from any social media platform, and take any other action we reasonably request.
- Without limiting any of our rights, any Request you submit through the Service may be rejected by us or by a Creator. If that happens more than once, we may terminate your access to the Service, remove or ban you (and any account you created or control), or take other appropriate action in Hovercast’s sole discretion, including terminating your license to use any Clip or other offering under these Terms and requiring you to take the actions outlined in Section 5.d.
7. Additional Terms
Some products or services offered through the Service may have additional terms and conditions (“Additional Terms”). If Additional Terms apply, we will make them available to you in connection with that product or service. By using that product or service, you agree to the Additional Terms. To the extent that the Additional Terms conflict with any of these Terms, these Terms will govern unless the Additional Terms say that some or all of these Terms don’t apply.
- By providing your payment information, you agree that Hovercast may place a pre-authorization hold and, after your Boost has been accepted, authorize the payment provider to immediately charge you for all amounts due and payable with no additional notice to or consent from you.
- In addition, if the offering permits (e.g., Clips on Hovercast.com), you may choose to designate an additional amount as a “tip” to the Creator who accepted your Request. You acknowledge that Hovercast does not mandate any such tip or gratuity; however, if you do choose to do so, the amount must be at least US $5.00. You agree to pay any amount you authorize as a tip for the Creator. Tips are not refundable.
- Currency: All transactions are in U.S. dollars (“USD”) unless otherwise specified at point of purchase.
- Hovercast reserves the right (but is under no obligation) to cancel your Request or Boost if: (i) your payment method is declined; or (ii) you have previously been banned or removed from the Service for any reason. Hovercast also reserves the right at any time to change its fees and payment procedures, including its payment options and terms, either immediately upon posting on the Service or by other notice to you.
- Payment Questions: If you have a question about a charge to your payment card, please contact us at support@Hovercast.com. We have the sole discretion to determine how billing disputes between us will be resolved.
- You acknowledge and agree that each stream, video, Clip or other offering from a Creator is owned by the Creator who created it.
- You hereby grant to us a non-exclusive, royalty-free, fully paid, unlimited, universal, sublicensable (through multiple tiers of sublicenses), perpetual, and irrevocable license, in any and all manner and media, whether now known or hereinafter invented or devised (including social media platforms), to use, reproduce, license, distribute, modify, adapt, reformat, publicly perform, publicly display, create derivative works of, incorporate into other works, and otherwise use and exploit the following for the purposes of operating and providing the Service, developing and improving our products and services, and advertising, marketing, and promoting the Service and our products and services: (i) any Request or Boost that you submit; and (ii) any submission that you make to Hovercast, whether through the Service, a social media platform, third party website, or otherwise, including a reaction video, idea, intellectual property, publicity rights, Feedback (defined below), review, photo, video, email, text, post, or other communication, whether relating to you, or a third party (i) and (ii) each, individually, and collectively, “User Content”). You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
- You represent and warrant that you either: (x) own all rights to any User Content; or (y) have all rights necessary, including with respect to any third party that contributed to, is included in, or is referred to, in any User Content, to grant to us the foregoing rights. You will not make any User Content that is confidential or proprietary or that contains or includes any information that you do not have the right to disclose or that you do not wish to be disclosed. Hovercast will not be responsible or liable for any use or disclosure of a User Content, including any personal information belonging to you or a third party.
- You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. You hereby represent and warrant that your User Content does not violate our Acceptable Use Policy. You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by Company. Because you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. Company is not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire.
- We may, for any reason, refuse to accept or transmit User Content or refuse to remove User Content from the Service. Further, we reserve the right to decide whether User Content violates these Terms and may, at any time, without notice to you and in our sole discretion, remove your User Content, terminate your access to the Service, remove or ban you (and any Service account you created or control), or take other appropriate action in our sole discretion for violation of these Terms.
- Hovercast desires to avoid the possibility of future misunderstandings if a project developed by any Hovercast Party (as defined below) may seem similar to your User Content. If your User Content consists of any idea, suggestion, proposal, plan, or other material related to our business (individually, and collectively, “Feedback”), you acknowledge and agree that you are submitting that Feedback at your own risk and that Hovercast has no obligation (including no obligation of confidentiality or privacy) with respect to that Feedback, and you grant to Hovercast a non-exclusive, royalty-free, fully paid, unlimited, universal, sublicensable (through multiple tiers of sublicenses), perpetual, and irrevocable license, in any and all manner and media, whether now known or hereinafter invented or devised, to reproduce, license, distribute, modify, adapt, publicly perform, publicly display, create derivative works of (for example, translations, adaptations, or other changes), and otherwise use and exploit in any manner (including commercially), any and all Feedback.
- You hereby waive any and all moral rights or “droit moral” that you may have in any User Content, including Feedback, and you represent and warrant that no third party has any moral, “droit moral,” or other rights in User Content, including Feedback.
10. Copyright Policy
- Digital Millennium Copyright Act Notice: We respond to notices of alleged copyright infringement and terminate access to the Service for repeat infringers. If you believe that materials on our site infringe copyright, please send the following information to the Copyright Agent named below:
- your address, telephone number, and email address;
- a description of the work that you claim is being infringed;
- a description of the material that you claim is infringing and are requesting be removed along with information about where it is located;
- a statement that you have “a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.”;
- an electronic or physical signature of the copyright owner (or a person authorized to act for the copyright owner); and
- a statement by you, made under penalty of perjury, that the information you are providing is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.
Hovercast, Inc. 2000 W. Addison Street, Suite 110Chicago, IL 60618copyright@Hovercast.com
If you do not follow these requirements, your notice may not be valid. Please note, only notices of alleged copyright infringement should be sent to our Copyright Agent.
Please note that any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
- Termination Policy: If we determine that you are a repeat infringer, we may terminate your access to the Service, remove or ban you (and any Service account you created or control), and take other appropriate action in our sole discretion.
- Third Party Content and Interactions
- Our Service may contain features and functionalities that link to or provide you with access to third party content, that is completely independent of Hovercast, including, streams, videos, Clips, websites, platforms, directories, servers, networks, systems, information, databases, applications, software, programs, products or services, and the Internet in general. Your interactions with third parties, including users and Creators, found on or through the Service are solely between you and the third party. You should make whatever investigation you feel necessary or appropriate before proceeding with any contact or interaction, in connection with the Service or otherwise. However, you agree not to contact or interact with any Creator except as expressly permitted through the Service. You also agree that Hovercast may, in its sole discretion, intercede in any dispute and you will reasonably cooperate with Hovercast if it does so. You acknowledge and agree that we are not responsible or liable for any damages, losses, costs, expenses, or liabilities of any kind or nature incurred as the result of any such interaction. You hereby release and forever discharge each Hovercast Party (defined below) from claims, demands, and damages (actual and consequential) of every kind or nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes or the Service. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 (AND ANY OTHER SIMILAR APPLICABLE STATE STATUTE), WHICH PROVIDES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY”.
- From time to time, an entity may be identified on a Creator’s channel on the Service as a charitable organization and a recipient of funds that are being raised (“Charity”). For example, the Creator’s channel may indicate that all of the Creator’s revenue from a stream will be given to the Charity. Those arrangements are strictly between the Creator and the Charity. Hovercast is not a sponsor of, does not endorse, and is not affiliated with the Charity and is not a commercial co-venturer with respect to such arrangements (unless otherwise expressly stated in writing by Hovercast). Unless expressly stated, Hovercast does not control and makes no warranties about the Charity or any donation to the Charity.
- Termination and Reservation of Rights
You may cancel your account at any time by contacting a member of the Hovercast team at email@example.com. We reserve the right to terminate access to the Service to any person, including you, at any time, for any reason, in our sole discretion. If you violate any of these Terms, your permission to use the Service automatically terminates.
You agree to indemnify, defend, and hold harmless Hovercast and its parents, subsidiaries, affiliates, officers, employees, directors, shareholders, agents, partners, vendors, and licensors (each, a “Hovercast Party,” and collectively, “Hovercast Parties”) from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including reasonable attorneys’ fees and costs) of any kind or nature arising from, out of, in connection with, or relating to: (a) your access or use of the Service, (b) your violation of these Terms, (c) your violation of applicable laws or regulations, or (d) your User Content. Hovercast reserves the right, at your expense, to assume the exclusive defense and control of and select the counsel for any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Hovercast. Hovercast will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
- Disclaimers and Limitations on our Liability
- YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR OWN RISK AND THAT THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE HOVERCAST PARTIES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING THOSE RELATED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, AND ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. THE HOVERCAST PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SERVICE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.
- IN PARTICULAR, THE HOVERCAST PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE SERVICE OR THE CONTENT OF ANY SOCIAL MEDIA PLATFORM OR THIRD PARTY WEBSITE LINKED TO OR INTEGRATED WITH THE SERVICE. YOU ACKNOWLEDGE AND AGREE THAT THE HOVERCAST PARTIES WILL HAVE NO LIABILITY FOR ANY: (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY, PROPERTY DAMAGE, OR OTHER HARM RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS, ANY PERSONAL INFORMATION, OR USER DATA; (IV) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED ON OR THROUGH THE SERVICE; OR (VI) ANY DAMAGES, LOSSES, COSTS, EXPENSES, OR LIABILITIES OF ANY KIND INCURRED AS A RESULT OF ANY CONTENT POSTED OR SHARED THROUGH THE SERVICE.
- YOU ACKNOWLEDGE AND AGREE THAT ANY MATERIAL OR INFORMATION ACCESSED, VIEWED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICE, INCLUDING ANY CLIP, IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, LOSSES, COSTS, EXPENSES, OR LIABILITIES ARISING FROM OR IN CONNECTION WITH DOING SO. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICE, INCLUDING THROUGH A CLIP, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE BY US.
- YOU ACKNOWLEDGE AND AGREE THAT WHEN USING THE SERVICE, YOU WILL BE EXPOSED TO CONTENT FROM A VARIETY OF SOURCES, AND THAT HOVERCAST IS NOT RESPONSIBLE FOR THE ACCURACY, USEFULNESS, SAFETY, LEGALITY, OR INTELLECTUAL PROPERTY RIGHTS OF OR RELATING TO ANY SUCH CONTENT. YOU FURTHER UNDERSTAND AND ACKNOWLEDGE THAT YOU MAY BE EXPOSED TO CONTENT THAT IS INACCURATE, OFFENSIVE, INDECENT, OBJECTIONABLE, OR HARASSING, AND YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST ANY HOVERCAST PARTY WITH RESPECT THERETO.
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE HOVERCAST PARTIES BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING FOR LOSS OF PROFITS, REVENUE, OR DATA) OR FOR THE COST OF OBTAINING SUBSTITUTE PRODUCTS, ARISING FROM OR RELATED TO THESE TERMS OR YOUR ACCESS TO OR USE OF, OR INABILITY TO USE, THE SERVICE, HOWEVER CAUSED, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND WHETHER OR NOT HOVERCAST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO AND USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR TOTAL CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY ARISING FROM OR RELATED TO THESE TERMS OR YOUR ACCESS TO OR USE OF, OR INABILITY TO USE, THE SERVICE, INCLUDING FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED THE FEES ACTUALLY RECEIVED BY HOVERCAST FROM YOU DURING THE 12 MONTHS PRECEDING THE CLAIM GIVING RISE TO SUCH LIABILITY.
- CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THOSE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
- YOU AGREE THAT THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN HOVERCAST AND YOU.
- Arbitration Agreement and Waiver of Certain Rights
- Arbitration: YOU AND HOVERCAST AGREE TO RESOLVE ANY DISPUTES BETWEEN YOU AND HOVERCAST THROUGH BINDING AND FINAL ARBITRATION INSTEAD OF THROUGH COURT PROCEEDINGS. YOU AND HOVERCAST EACH HEREBY WAIVE ANY RIGHT TO A JURY TRIAL OF ANY CONTROVERSY, CLAIM, COUNTERCLAIM, OR OTHER DISPUTE ARISING BETWEEN YOU AND HOVERCAST RELATING TO THESE TERMS OR THE SERVICE (EACH A “CLAIM,” AND COLLECTIVELY, “CLAIMS”). Any Claim will be submitted for binding arbitration in accordance with the Rules of the American Arbitration Association (“AAA Rules”). The arbitration will be heard and determined by a single arbitrator. The arbitrator’s decision will be in writing, will include the arbitrator’s reasons for the decision, will be final and binding upon the parties, and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including any pleadings, briefs, or other documents submitted or exchanged, any testimony or other oral submissions, and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies.
- Costs and Fees: If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Hovercast will pay as much of the administrative costs and arbitrator’s fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.
- No Preclusions: This arbitration agreement does not preclude you or Hovercast from seeking action by federal, state, or local government agencies. You and Hovercast each also have the right to bring any qualifying Claim in small claims court. In addition, you and Hovercast each retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request will not be deemed to be either incompatible with these Terms or a waiver of the right to have disputes submitted to arbitration as provided in these Terms.
- No Class Representative or Private Attorney General: You and Hovercast each agree that with respect to any Claim, neither may: (i) act as a class representative or private attorney general, or (ii) participate as a member of a class of claimants. You agree that no Claim may be arbitrated on a class or representative basis. The arbitrator can decide only individual Claims (whether brought by you or Hovercast). The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.
- Severability/No Waiver/Survival: If any provision of this Section 17 is found to be invalid or unenforceable, that provision will be deemed appropriately modified to give effect to the intent of the provision or, if modification is not possible, will be severed and the remainder of this Section 17 will continue in full force and effect. No waiver of any provision of this Section 17 will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver will not waive or affect any other provision of these Terms. This Section 17 will survive the termination of your relationship with Hovercast.
- 30-Day Opt-Out Right: You have the right to opt out of the provisions of this Arbitration Agreement by sending, within 30 days after first becoming subject to this Arbitration Agreement, written notice of your decision to opt out to the following address: Hovercast, c/o Legal Department, 2000 W. Addison Street, Suite 110, Chicago, IL 60618. Your notice must include your name and address, any usernames, each email address you have used to submit your Clip requests or set up an account on the Service (if applicable), and an unequivocal statement that you want to opt out of this Arbitration Agreement. You agree that if you opt out of this Arbitration Agreement, all other parts of these Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
- LIMITATIONS: THIS SECTION 17 LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN CERTAIN COURT ACTIONS, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. IN ADDITION, OTHER RIGHTS THAT YOU OR HOVERCAST WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.
- Other Provisions
- Choice of Law. These Terms will be governed by and construed in accordance with the laws of the State of Illinois, without giving effect to any conflict of laws rules or provisions.
- Jurisdiction. You agree that any action of whatever nature arising from or relating to these Terms or the Service will be filed only in the state or federal courts located in Chicago, Illinois. You consent and submit to the personal jurisdiction of such courts for the purposes of any such action.
- Entire Agreement. These Terms (together with any Additional Terms applicable to specific products and services that you use) make up the entire agreement between you and Hovercast, and supersede any prior agreements.
- Severability. If any provision of these Terms is found to be invalid or unenforceable, that provision will be deemed appropriately modified to give effect to the intent of the provision or, if modification is not possible, will be severed from these Terms and will not affect the enforceability of any other provision.
- No Waiver or Amendment. The failure by Hovercast to enforce any right or provision of these Terms will not prevent Hovercast from enforcing such right or provision in the future and will not be deemed to modify these Terms.
- Assignment. Hovercast may, at any time, assign its rights and obligations under these Terms, including to an affiliated entity or in connection with a sale of assets, merger, acquisition, reorganization, bankruptcy, other transaction, or by operation of law.
- Force Majeure. Under no circumstances will any Hovercast Party be liable for any delay or failure in performance due in whole or in part to any acts of God (such as earthquakes, storms, floods, epidemics, etc.), unavoidable accidents, laws, rules, regulations or orders of government authorities, acts of war (declared or not), terrorism, hostilities, blockades, civil disturbances, embargoes, strikes, or any other event or cause beyond the reasonable control of any Hovercast Party.
- Miscellaneous. The term “including” in these Terms will be interpreted broadly and will mean “including, without limitation.” Titles are for convenience only and will not be considered when interpreting these Terms.
- Changes to these Terms
We may change these Terms. If we do, we will post the revised Terms on the Service and update the “Last Updated” date at the top of these Terms. The revised Terms will be effective immediately if you accept them (for example, by agreeing when you create an account or login to an existing account, or using or continuing to use the Service after the revised Terms have been posted); otherwise, they will be effective 30 days after posting.
- Contact Us
Hovercast Inc. welcomes comments, questions, concerns, or suggestions.
Please contact us by emailing us at firstname.lastname@example.org or write to us at:
2000 W. Addison Street, Suite 110
Chicago, IL 60618
Acceptable Use Policy
Last Updated: May 28, 2021
Your use of the Service (collectively, the Hovercast website and services we provide through the website) is governed by this Acceptable Use Policy. Terms that are defined in the Terms of Service or Creator Terms of Service will have the same meaning in our Acceptable Use Policy.
You are responsible for your use of your Hovercast account, the Service, any stream, video, or Clip, and any User Content (if you are a Service user) or Creator Content (if you are a Creator). Our goal is to create a positive, useful, and safe user experience. To promote this goal, we prohibit certain kinds of conduct that may be harmful.
- You represent and warrant that:
- you will not use a false identity or provide any false or misleading information;
- you will not create an account if you (or any account that you created or controlled) have previously been removed or banned from the Service;
- you will not use or authorize the use of any Clip for any purposes other than: (i) the specific limited purposes set forth in the Terms; (ii) those set out in any applicable Additional Terms; or (iii) if you are a Creator, those set out in any other written agreement; and
- you will not:
- violate any law, regulation, court order, or obligations or restrictions imposed by any third party;
- violate, infringe, or misappropriate the intellectual property, privacy, publicity, moral or “droit moral,” or other legal rights of any third party;
- take any action (even if requested by another) that is, or submit, post, share, or communicate anything that is, or that incites or encourages, action that is, explicitly or implicitly: unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable, or that is harmful to minors in any way;
- send advertising or commercial communications, including spam, or any other unsolicited or unauthorized communications;
- engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from the Service, including from any user of the Service;
- upload, transmit, or distribute any computer virus, worm, or other computer instruction, or technological means intended to, or that may, alter, disrupt, damage, or interfere with computer systems or data;
- interfere with, disrupt, or create an undue burden on servers or networks connected to the Service, or violate the regulations, policies or procedures of such networks;
- attempt to gain unauthorized access to the Service (or to other computer systems or networks connected to or used together with the Service), whether through password mining or any other means;
- harass or interfere with any other user’s use and enjoyment of the Service;
- use software or automated agents or scripts to produce multiple accounts on the Service, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Service (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Service for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file);
- stalk, harass, threaten, or harm any third party;
- impersonate any third party;
- participate in any fraudulent or illegal activity, including phishing, money laundering, or fraud;
- use any means to scrape or crawl any part of the Service;
- attempt to circumvent any technological measure implemented by us, any of our providers, or any other third party (including another user) to protect us, the Service, users, or any other third party;
- access the Service to obtain information to build a similar or competitive website, application, or service;
- attempt to decipher, decompile, disassemble, or reverse engineer any of the software or other underlying code used to provide the Service; or
- advocate, encourage, or assist any third party in doing any of the foregoing.
For clarity, your use of any Clip includes use anywhere (on the Service or otherwise).
We reserve the right (but have no obligation) to monitor and investigate access to or use of the Service by you or third parties (including any User Content, Creator Content, or Clip) and to take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy, the Terms of Service, or any applicable law, regulation, court order, or other legal, administrative, or regulatory request or process, or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, Creator Content, or Clip, terminating your account, and/or reporting you to law enforcement authorities.