Colorcast—TUNED TO YOU!
Let’s get started.
Thank you for using the Colorcast platform, products, services and features we make available to you as part of the platform (collectively, the “Service”).
The Service allows you to discover, create, and share audio content (“Casts”), and provides a forum for people to connect, inform, comment, criticize, teach, and ultimately transform the live events viewing experience, by acting as a distribution platform for original content creators with original takes.
Your Service Provider
The entity providing the Service is Colorcast, Inc., a company operating under the laws of Delaware, located at 736 Melba Street, Dallas, TX 75208 (referred to as “Colorcast”, “we”, “us”, or “our”). References to Colorcast’s “Affiliates” in these terms means the other companies within the Colorcast, Inc. corporate group (now or in the future).
Your use of the Service is subject to these terms and Colorcast’s Safety and Copyright Policies, which may be updated from time to time and are either now or will be in existence in the future (together, this “Agreement”).
Please read this Agreement carefully and make sure you understand it. If you do not understand the Agreement, or do not accept any part of it, then you may not use the Service.
Who may use the Service?
You must be at least 13 years old to use the Service.
Permission by Parent or Guardian
If you are under 18, you represent that you have your parent or guardian’s permission to use the Service. Please have them read this Agreement with you. If you are a parent or legal guardian of a user under the age of 18, by allowing your child to use the Service, you are subject to the terms of this Agreement and responsible for your child’s activity on the Service.
If you are using the Service on behalf of a company or organization, you represent that you have authority to act on behalf of that entity, and that such entity accepts this Agreement.
Your Use of the Service
Content on the Service
The content on the Service includes audio (for example live streaming voice and other sounds), graphics, photos, text (such as comments and scripts), branding (including trade names, trademarks, service marks, or logos), interactive features, software, metrics, and other materials whether provided by you, Colorcast or a third-party (collectively, “Content”).
Content is the responsibility of the person or entity that provides it to the Service. Colorcast is under no obligation to host or serve Content. If you see any Content you believe does not comply with this Agreement or any other of Colorcast’s terms, you can report it to us an request that the copyrighted content be removed.
You can use parts of the Service, such as browsing and searching for Content, without having a Colorcast account. However, you do need a Colorcast account to use some features. With a Colorcast account, you may be able to like Casts, follow Casters, stream your own Cast, and more.
To protect your Colorcast account, keep your password confidential. You should not reuse your Colorcast account password on third-party applications.
Permissions and Restrictions
You may access and use the Service as made available to you, as long as you comply with this Agreement and applicable law. You may view or listen to Content for your personal, non-commercial use. You may also listen to Colorcast Content through the embeddable Colorcast player.
The following restrictions apply to your use of the Service. You are not allowed to:
- access, reproduce, download, distribute, transmit, broadcast, display, sell, license, alter, modify or otherwise use any part of the Service or any Content except: (a) as expressly authorized by the Service; or (b) with prior written permission from Colorcast and, if applicable, the respective rights holders;
- circumvent, disable, fraudulently engage with, or otherwise interfere with any part of the Service (or attempt to do any of these things), including security-related features or features that (a) prevent or restrict the copying or other use of Content or (b) limit the use of the Service or Content;
- access the Service using any automated means (such as robots, botnets or scrapers) except (a) in the case of public search engines, in accordance with Colorcast’s robots.txt file; or (b) with Colorcast’s prior written permission;
- collect or harvest any information that might identify a person (for example, usernames), unless permitted by that person or allowed under section (3) above;
- use the Service to distribute unsolicited promotional or commercial content or other unwanted or mass solicitations;
- use the Service to retransmit copyrighted audio;
- use the Service to circumvent protections employed by third-parties to protect copyrighted work;
- cause or encourage any inaccurate measurements of genuine user engagement with the Service, including by paying people or providing them with incentives to increase listens, likes, or dislikes, or to increase a Caster’s followers, or otherwise manipulate metrics in any manner;
- misuse any reporting, flagging, complaint, dispute, or appeals process, including by making groundless, vexatious, or frivolous submissions;
- run contests on or through the Service;
- use the Service to view or listen to Content other than for personal, non-commercial use (for example, you may not publicly stream audio from the Service); or
- use the Service to (a) sell any advertising, sponsorships, or promotions placed on, around, or within the Service or Content; or (b) sell advertising, sponsorships, or promotions on any page of any website or application that only contains Content from the Service or where Content from the Service is the primary basis for such sales (for example, selling ads on a webpage where Colorcast audio is the main draw for users visiting the webpage).
- post or Cast any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
- use the service for any unlawful purpose or for the promotion of illegal activities;
- attempt to, or harass, abuse or harm another person or group;
- use another user’s account without permission;
- provide false or inaccurate information when registering an account;
- interfere or attempt to interfere with the proper functioning of the Service;
- make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure.
Using the Service does not give you ownership of or rights to any aspect of the Service, including user names or any other Content posted by others or Colorcast.
Changes to the Service
Colorcast is constantly changing and improving the Service. We may also need to alter or discontinue the Service, or any part of it, in order to make performance or security improvements, change functionality and features, make changes to comply with law, or prevent illegal activities on or abuse of our systems. These changes may affect all users, some users or even an individual user. Whenever reasonably possible, we will provide notice when we discontinue or make material changes to our Service that will have an adverse impact on the use of our Service. However, you understand and agree that there will be times when we make such changes without notice, such as where we feel we need to take action to improve the security and operability of our Service, prevent abuse, or comply with legal requirements.
Your Content and Conduct
Rights you Grant
You retain ownership rights in your Content. However, we do require you to grant certain rights to Colorcast and other users of the Service, as described below.
License to Colorcast
By providing Content to the Service, you grant to Colorcast a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use that Content (including to reproduce, distribute, prepare derivative works, display and perform it) in connection with the Service and Colorcast’s (and its successors’ and Affiliates’) business, including for the purpose of promoting and redistributing part or all of the Service.
License to Other Users
You also grant each other user of the Service a worldwide, non-exclusive, royalty-free license to access your Content through the Service, and to use that Content, including to reproduce, distribute, prepare derivative works, display, and perform it, only as enabled by a feature of the Service (such as audio playback or embeds). For clarity, this license does not grant any rights or permissions for a user to make use of your Content independent of the Service.
Duration of License
The licenses granted by you continue for a commercially reasonable period of time after you remove or delete your Content from the Service. You understand and agree, however, that Colorcast may retain, but not display, distribute, or perform, server copies of your Casts that have been removed or deleted.
Removing Your Content
You may remove your Content from the Service at any time. You must remove your Content if you no longer have the rights required by these terms.
Removal of Content By Colorcast
If we reasonably believe that any Content is in breach of this Agreement or may cause harm to Colorcast, our users, or third parties, we may remove or take down that Content in our discretion. We will notify you with the reason for our action unless we reasonably believe that to do so: (a) would breach the law or the direction of a legal enforcement authority or would otherwise risk legal liability for Colorcast or our Affiliates; (b) would compromise an investigation or the integrity or operation of the Service; or (c) would cause harm to any user, other third party, Colorcast or our Affiliates.
DMCA Takedown Policy
Colorcast respects the intellectual property rights of others and expects you to do the same. Per the DMCA, Colorcast will respond expeditiously to claims of copyright infringement on the Site if submitted to Colorcast’s Copyright Agent as described below. Upon receipt of a notice alleging copyright infringement, Colorcast will take whatever action it deems appropriate within its sole discretion, including removal of the allegedly infringing materials.
If you believe that your intellectual property rights have been violated by Colorcast or by a third party who has uploaded and or streamed Content onto or through Colorcast, please provide the following information to Colorcast’s designated Copyright Agent listed below:
- A description of the copyrighted work or other intellectual property that you claim has been infringed;
- A description of where the material that you claim is infringing is located on Colorcast, including the alleged violator’s handle(s), the title of the Cast(s) in question, and the audio timestamp when the alleged infringing Content was posted/streamed/communicated;
- An address, telephone number, and e-mail address where Colorcast can contact you and, if different, an e-mail address where the alleged infringing party, if not Colorcast, can contact you;
- A statement that you have a good-faith belief that the use is not authorized by the copyright owner or other intellectual property rights owner, by its agent, or by law;
- A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner’s behalf;
- Your electronic or physical signature.
Colorcast may request additional information before removing any allegedly infringing material. In the event Colorcast removes the allegedly infringing materials, Colorcast will immediately notify the person responsible for posting such materials that Colorcast removed or disabled access to the materials. Colorcast may also provide the responsible person with your e-mail address so that the person may respond to your allegations.
Colorcast reserves the right to terminate, limit or suspend any user’s access to Colorcast in the event of repeated infringing activity. If you believe that a user of Colorcast is a repeat infringer, please follow the above instructions to contact Colorcast’s Copyright Agent. Please include sufficient information to assist Colorcast in determining that the user repeatedly engaged in infringing activity.
Any person who knowingly materially misrepresents that material is infringing, or that it was removed or blocked through mistake or misidentification, is liable for any resulting damages (including costs and attorneys’ fees) incurred by the alleged infringer, the copyright owner or its licensee, or the service provider.
Colorcast registered a designated agent with the Copyright Office pursuant to 17 U.S.C. 512(c). Colorcast’s designated Copyright Agent is:
Evan A. Kirkham
736 Melba Street
Dallas, TX 75208
Personal information is not intentionally gather from visitors under the age of 13. Live audio content created on Colorcast is public upon creation and available for other Colorcast listeners to consume. When listeners tune into a Cast on the platform, information regarding when the listener tuned into the Cast is made public, as are any comments or interactions made by the listener during the Cast.
Types of Data We Collect
We collect both “Non-Personal Information” and “Personal Information.” Non-Personal Information cannot be used for purposes of personal identification, such as usage data, demographic information, user selected preferences, and preferences generated by Colorcast based on collected user data. “Personal Information” means data allowing someone to identify or contact the user, including, for example, names, handles, addresses, telephone numbers, email addresses, social handles, as well as any other non-public information linked to the foregoing data or user account.
Information Provided to Us
Use of Personal Information
We may use your Personal Information in the following ways: including, but not limited to, facilitating the creation of and secure your Account on our network; identifying you as a user in our system; providing improved administration of our Services; providing the Services you request; improving the quality of experience when you interact with our Services; sending you a welcome email to verify ownership of the email address provided when your Account was created; sending you administrative email notifications, such as security or support and maintenance advisories; sending requested notifications through our Services, including our mobile application and web browser, pertaining to member activities, your interests, and your user experience; responding to your inquiries related to employment opportunities or other requests; performing Service functions requiring reference to data, sending newsletters, surveys, offers, and other promotional materials related to our Services and for other marketing purposes including those of third parties, and performing marketing or data analysis.
Use of Non-Personal Information
We use Non-Personal Information for the primary purposes of operating, improving, and customizing the Services, including the user’s experience. Colorcast may also use non-personal information to improve its marketing and website functionality. Colorcast reserves the right to disclose Non-Personal Information. If our information practices change at any time in the future, we will post the policy changes to the Site so that you may opt out of the new information practices. We suggest that you check the Site periodically if you are concerned about how your information is used.
Links to Third Party Websites
As part of the Service, we may provide links to or compatibility with other websites or applications. We are not responsible for any third-party’s use of personal or non-personal information, however obtained.
Your Rights Regarding the Use of Your Personal Information
You have the right at any time to prevent us from contacting you for marketing purposes via the instructions included in such communications.
Security of Your Personal Information
Your account is protected by your account password. Keep your password safe. We cannot guarantee that your information will not be accessed, disclosed, altered, or otherwise destroyed by the breach or destruction of our (licensed or otherwise) firewalls, servers, facilities, software programs, physical assets, user accounts, whether physical, electronic, computational, or otherwise. We are not responsible for a third party’s purposeful or accidental disclosure of Personal Information if such third party is either unaffiliated with Colorcast or otherwise not under Colorcast’s control. We cannot guarantee absolute security. By using our Service, you acknowledge that you understand and agree to assume these risks.
Account Suspension & Termination
Terminations by You
You may stop using the Service at any time.
Terminations and Suspensions by Colorcast for Cause
Colorcast may suspend or terminate your access, your Colrocast account, or your Colorcast account’s access to all or part of the Service if (a) you breach this Agreement; (b) we are required to do so to comply with a legal requirement or a court order; or (c) we believe there has been conduct that creates (or could create) liability or harm to any user, other third party, Colorcast or our Affiliates, whether financially, reputationally, or otherwise.
Terminations by Colorcast for Service Changes
Colorcast may terminate your access, or your Colorcast account’s access to all or part of the Service if Colorcast believes, in its sole discretion, that provision of the Service to you is no longer commercially viable.
Notice for Termination or Suspension
We will attempt to notify you about such termination or suspension unless we reasonably believe that to do so: (a) would violate the law or the direction of a legal enforcement authority, or would otherwise risk legal liability for Colorcast or our Affiliates; (b) would compromise an investigation (civil or criminal) or the integrity or operation of the Service; or (c) would cause harm to any user, other third party, Colorcast or our Affiliates.
Effect of Account Suspension or Termination
If your Colorcast account is terminated, you may be permitted to continue using features not requiring an account. In such instances, these Terms of Service will continue to control.
About Software in the Service
When the Service requires or includes downloadable software, you give permission for that software to update automatically on your device once a new version or feature is available, subject to your device settings. Unless that software is governed by additional terms which provide a license, Colorcast gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Colorcast as part of the Service. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Service as provided by Colorcast, in the manner permitted by this Agreement. You are not allowed to copy, modify, distribute, sell, or lease any part you have Colorcast’s written permission.
Some software used in our Service may be offered under an open source license that we make available to you. There may be provisions in an open source license that expressly override some of these terms, so please be sure to read those licenses.
Other Legal Terms
OTHER THAN AS EXPRESSLY STATED IN THIS AGREEMENT OR AS REQUIRED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND COLORCAST DOES NOT MAKE ANY SPECIFIC COMMITMENTS OR WARRANTIES ABOUT THE SERVICE. FOR EXAMPLE, WE DON’T MAKE ANY WARRANTIES ABOUT: (A) THE CONTENT PROVIDED THROUGH THE SERVICE; (B) THE SPECIFIC FEATURES OF THE SERVICE, OR ITS ACCURACY, RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS; OR (C) THAT ANY CONTENT YOU SUBMIT WILL BE ACCESSIBLE ON THE SERVICE.
Limitation of Liability
EXCEPT AS REQUIRED BY APPLICABLE LAW, COLORCAST, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS WILL NOT BE RESPONSIBLE FOR ANY LOSS OF PROFITS, REVENUES, BUSINESS OPPORTUNITIES, GOODWILL, OR ANTICIPATED SAVINGS; LOSS OR CORRUPTION OF DATA; INDIRECT OR CONSEQUENTIAL LOSS; PUNITIVE DAMAGES CAUSED BY:
- ERRORS, MISTAKES, OR INACCURACIES ON THE SERVICE;
- PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF THE SERVICE;
- ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVICE;
- ANY INTERRUPTION OR CESSATION OF THE SERVICE;
- ANY VIRUSES OR MALICIOUS CODE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY;
- ANY CONTENT WHETHER SUBMITTED BY A USER OR COLORCAST, INCLUDING YOUR USE OF CONTENT; AND/OR
- THE REMOVAL OR UNAVAILABILITY OF ANY CONTENT.
THIS PROVISION APPLIES TO ANY CLAIM, REGARDLESS OF WHETHER THE CLAIM ASSERTED IS BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS, COLORCAST, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS OR DEBT, AND EXPENSES (INCLUDING BY NOT LIMITED TO ATTORNEYS’ FEES) ARISING FROM (i) YOUR USE OF AN ACCESS TO THE SERVICE, (ii) YOUR VIOLATION OF ANY TERM OF THIS AGREEMENT; (iii) YOUR VIOLATION OF ANY THIRD PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY, OR PRIVACY RIGHT, OR (iv) ANY CLAIM THAT YOUR CONTENT CAUSED DAMAGE TO A THRID PARTY. THIS DEFENSE AND INDEMNIFICATION OBLIGATION WILL SURVIVE THIS AGREEMENT AND YOUR USE OF THE SERVICE.
About this Agreement
Modifying this Agreement
We may modify this Agreement, for example, to reflect changes to our Service or for legal, regulatory, or security reasons. Colorcast will attempt to provide reasonable advance notice of any material modifications to this Agreement and the opportunity to review them, except that modifications addressing newly available features of the Service or modifications made for legal reasons may be effective immediately without notice. Modifications to this Agreement will only apply going forward. If you do not agree to the modified terms, you should remove any Content and discontinue your use of the Service.
Continuation of this Agreement
If your use of the Service ends, the terms of this Agreement (these “Terms of Service”) will continue to apply to you.
If it turns out that a particular term of this Agreement is not enforceable for any reason, this will not affect any other terms.
If you fail to comply with this Agreement and we do not take immediate action, this does not mean that we are giving up any rights that we may have (such as the right to take action in the future). Colorcast does not waive any term of or right arising out of his Agreement by non-enforcement.
In these terms, “include” or “including” means “including but not limited to,” and any examples we give are for illustrative purposes. The inclusion of “include”, “including”, or “including but not limited to” in any one provision has no bearing on the interpretation of omission from any other provision.
All claims arising out of or relating to these terms or the Service will be governed by Texas law and will be litigated exclusively in the federal or state courts of Dallas County, Texas, USA. You and Colorcast consent to personal jurisdiction in those courts.
Limitation on Legal Action
YOU AND COLORCAST AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Effective as of August 7, 2020