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Terms and Conditions of Service

These Terms and conditions of Service govern your access to and use of the services provided by Rawcaster.com without exceptions. All email notifications, applications, buttons, and widgets, and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Rawcaster.com website. Your access to and use of the Services are conditioned on your acceptance of and compliance with these Terms. By signing up, login on or using the Services provided by Rawcaster.com, you agree to be bound by these Terms.

General Terms

By signing up, you agree to be responsible for your use of the Services herein provided, you are also responsible for any content you post to Rawcaster.com, and for any consequences thereof. The Content you submit, post, or display will be able to be viewed by other users of the Services and through third party services and websites. While Rawcaster.com will always respect and protect your privacy to the best of our ability, the contents and information you share or upload to Rawcaster.com may be visible to the public. The choice of privacy you make in the settings of your profile and your publications and contents, may limit the visibility of your contents but Rawcaster.com will always retain the right to see data stored in its database. You should only provide Content that you are comfortable sharing with others under these Terms.
Remember, what you post on Rawcaster.com may be viewed or read all around the world instantly.
By accepting this terms and conditions, you agree to a binding contract with Rawcaster.com and that you are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use Rawcaster.com only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
The services provided by Rawcaster.com are always evolving and the form and nature of the Services may change from time to time without prior notice to you. In addition, Rawcaster.com retains the right to stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.
Rawcaster.com may decide to close your account if reiterated report of abuse is received against you regarding the contents and language of your publications.
The Services may include advertisements, which may be targeted to the Content or information on Rawcaster.com, queries made through Rawcaster.com, or other information. The types and extent of advertising are subject to change. In consideration for Rawcaster.com granting you access to and use of the services, you agree that Rawcaster.com and its third party providers and partners may place such advertising on the services or in connection with the display of content or information from the services whether submitted by you or others.

Privacy

Any information that you provide to Rawcaster.com is subject to our Privacy Policy, which governs our collection and use of your information. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by Rawcaster.com. As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your Rawcaster.com account, which you may not be able to opt-out from receiving.
Tip you can opt-out of most communication from Rawcaster.com including new publication emails, etc. Please see the email settings part of your profile page to set your preferences.

Reward Programs

Rawcaster.com may at its own discretion create or terminate a reward program that you may participate in. When you qualify for any of the rewards that Rawcaster.com may offer, you are expected to provide in your profile, correct contact information which Rawcaster.com may use to send your reward. Rawcaster.com will not be held responsible for bridge of promise or any such liability if you do not provide sufficient information that can be used to contact you for your reward. Rawcaster.com, will be relieved of any liability if after two efforts to contact you for your reward, we do not get any response from you within a reasonable period of time and not longer than three months.

The Rawcaster.com Evangelist Reward Program

When the Rawcaster.com Evangelist Reward Program is effective, you agree that Rawcaster.com reserves the right to decide the criteria of the reward program and to determine recipients of the reward. Rawcaster.com may at any time change the criteria of the reward program without your prior notification.

The Premium Rawcaster.com Publisher of the year Reward Program

You agree that Rawcaster.com has the right to withdraw the Premium Rawcaster.com Publisher of the Year reward program at any time without your prior notice. Rawcaster.com also reserves the right to determine the winner of the award, by its own criteria and you may not challenge it.

Passwords

You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must not share your password to anyone as that may compromise the security of your data.  Rawcaster.com cannot and will not be liable for any loss or damage arising from your failure to comply with the above.

Content on the Services

All Content, whether publicly posted or privately transmitted through Rawcaster.com, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.
We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via Rawcaster.com or endorse any opinions expressed via the Services. You understand that by using Rawcaster.com, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will Rawcaster.com be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.

Your Rights

You retain your rights to any Content you submit, post or display on or through the Services. By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).
This license is you authorizing us to make your Publications available to the rest of the world and to let others do the same.
You agree that this license includes the right for Rawcaster.com to provide, promote, and improve the Services and to make Content submitted to or through the Services available to other companies, organizations or individuals who partner with Rawcaster.com for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use.
Rawcaster.com has an evolving set of rules for how other partners can interact with your Content. These rules exist to enable an open ecosystem with your rights in mind. But what’s yours is yours – you own your Content (and your photos and videos are part of that Content).
Such additional uses by Rawcaster.com, or other companies, organizations or individuals who partner with Rawcaster.com, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services.
We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
You are responsible for your use of the services of Rawcaster.com, for any content you provide, and for any consequences thereof, including the use of your Content by other users and our third party partners. You understand that your Content may be syndicated, broadcast, distributed, or published by our partners and if you do not have the right to submit Content for such use, it may subject you to liability. Rawcaster.com will not be responsible or liable for any use of your Content by Rawcaster.com in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.

Your License To Use the Services

Rawcaster.com gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by Rawcaster.com as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Rawcaster.com, in the manner permitted by these Terms.

Rawcaster.com Rights

All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of Rawcaster.com and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the Rawcaster.com name or any of the Rawcaster.com trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Rawcaster.com, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

Restrictions on Content and Use of the Services

Please review the Rawcaster.com Rules (which are part of these Terms) to better understand what is prohibited on the Service. We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services, to suspend or terminate users, and to reclaim usernames without liability to you. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to

  1. satisfy any applicable law, regulation, legal process or governmental request,
  2. enforce the Terms, including investigation of potential violations hereof,
  3. detect, prevent, or otherwise address fraud, security or technical issues,
  4. respond to user support requests, or
  5. protect the rights, property or safety of Rawcaster.com, its users and the public.

Rawcaster.com does not disclose personally identifying information to third parties except in accordance with our Privacy Policy.
You may not do any of the following while accessing or using the Rawcaster.com:

  1. access, tamper with, or use non-public areas of the Services, Rawcaster.com’s computer systems, or the technical delivery systems of Rawcaster.com’s providers;
  2. probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
  3. access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Rawcaster.com (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Rawcaster.com (NOTE: crawling the Services is permissible if done in accordance with the provisions of the /robots.txt file, however, scraping the Services without the prior consent of Rawcaster.com is expressly prohibited);
  4. forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or  
  5. interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.

Copyright Policy

Rawcaster.com respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information:

  1. a physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
  2. identification of the copyrighted work claimed to have been infringed;
  3. identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  4. your contact information, including your address, telephone number, and an email address;
  5. a statement by you 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; and
  6. a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, Rawcaster.com will also terminate a user’s account if the user is determined to be a repeat infringer. Our designated copyright agent for notice of alleged copyright infringement appearing on the Services is:
Rawcaster.com, Inc.
Attn: Copyright Office
11877 Douglas Rd, Ste. 102171
Alpharetta, GA 30005
Email:
copyright@Rawcaster.com

Ending These Terms

The Terms will continue to apply until terminated by either you or Rawcaster.com as follows.
You may end your legal agreement with Rawcaster.com at any time for any reason by deactivating your accounts and discontinuing your use of the Services. You do not need to specifically inform Rawcaster.com when you stop using the Services. If you stop using the Services without deactivating your accounts, your accounts may be deactivated due to prolonged inactivity under our Inactive Account Policy.
We may suspend or terminate your accounts or cease providing you with all or part of the Services at any time for any reason, including, but not limited to, if we reasonably believe:

  1. you have violated these Terms or the Rawcaster.com Rules,
  2. you create risk or possible legal exposure for us; or
  3. our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account.

In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services, except that every other sessions of the terms and conditions shall continue to apply.

Disclaimers and Limitations of Liability

Please read this section carefully since it limits the liability of Rawcaster.com and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “Rawcaster.com Entities”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.

The Services are Available "AS-IS"

Your access to and use of the services on Rawcaster.com or any Content are at your own risk. You understand and agree that the Services are provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE RAWCASTER.COM ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
The Rawcaster.com Entities make no warranty and disclaim all responsibility and liability for:

  1. the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content;
  2. any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content;
  3. the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and
  4. whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the Rawcaster.com Entities or through the Services, will create any warranty not expressly made herein.

Links

The services provided by Rawcaster.com may contain links to third-party websites or resources. You acknowledge and agree that the Rawcaster.com Entities are not responsible or liable for:

  1. the availability or accuracy of such websites or resources; or
  2. the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by the Rawcaster.com Entities of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Limitation of Liability

To the maximum extent permitted by applicable law, the Rawcaster.com entities shall not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, good-will, or other intangible losses, resulting from

  1. your access to or use of or inability to access or use the services;
  2. any conduct or content of any third party on the services, including without limitation, any defamatory, offensive or illegal conduct of other users or third parties;
  3. any content obtained from the services; or
  4. unauthorized access, use or alteration of your transmissions or content.

In no event shall the aggregate liability of the Rawcaster.com entities exceed the greater of one hundred U.S. dollars (U.S. $100.00) or the amount you paid Rawcaster.com, if any, in the past six months for the services giving rise to the claim.
The limitations of this subsection shall apply to any theory of liability, whether based on warranty, contract, statute, tort (including negligence) or otherwise, and whether or not the Rawcaster.com entities have been informed of the possibility of any such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

General Terms

Waiver and Severability

The failure of Rawcaster.com to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

Controlling Law and Jurisdiction

These Terms and any action related thereto will be governed by the laws of the State of Georgia without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in the federal or state courts located in Forsyth County, Georgia, United States, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.

If you are a federal, state, or local government entity in the United States using the Services in your official capacity and legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you. For such U.S. federal government entities, these Terms and any action related thereto will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of Georgia (excluding choice of law).

Entire Agreement

These Terms, the Rawcaster.com Rules and our Privacy Policy are the entire and exclusive agreement between Rawcaster.com and you regarding the Services (excluding any services for which you have a separate agreement with Rawcaster.com that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between Rawcaster.com and you regarding the Services. Other than members of the group of companies of which Rawcaster.com. is the parent, no other person or company will be third party beneficiaries to the Terms.

We may revise these Terms from time to time, If the revision, in our sole discretion, is material we will notify you via an e-mail to the email associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.

These Services are operated and provided by Rawcaster.com, 11877 Douglas Rd. Ste 102171, Alpharetta, GA 30005. If you have any questions about these Terms, please contact us.

Effective: December 01, 2013