BlastCasta ("BlastCasta") offers you a wide range of content, communication tools, forums, and information about its products and services ("Materials") via this web site. By using this web site, you are agreeing to accept and comply with the terms and conditions of use as stated below ("Terms of Service"), which BlastCasta may update at any time without notice. You should visit this page periodically to review the then-current Terms of Service. You agree that BlastCasta may, at its sole discretion, terminate your access to this web site at any time without notice.
1. Limited Right to Use.
This web site is owned and operated by BlastCasta. Unless otherwise specified, all Materials on this web site are the property of BlastCasta and are protected by the copyright laws of the United States and, throughout the world by the applicable copyright laws. You may use, view, print and/or download one copy of the Materials from this web site on any single computer solely for your personal, informational, non-commercial use within your organization, provided you keep intact all copyright and other proprietary notices. No Materials published by BlastCasta on this web site, in whole or in part, may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without prior written permission from BlastCasta. The use of any such Materials on any other web site or networked computer environment or for any other purpose is strictly prohibited and such unauthorized use may violate copyright, trademark and other similar laws.
2. Description of Service
BlastCasta provides users with access to a rich collection of resources, including various communications tools, personalized content and branded programming through its network of properties which may be accessed through any various medium or device now known or hereafter developed (the "Service"). You also understand and agree that the Service may include certain communications from BlastCasta, such as service announcements, administrative messages and the BlastCasta Newsletter, and that these communications are considered part of BlastCasta membership and you may not be able to opt out of receiving them while you're a member. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new BlastCasta properties, shall be subject to this Terms of Service. You understand and agree that the Service is provided "AS-IS" and that BlastCasta assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
BlastCasta cannot guarantee 100% uptime for its services nor access and response times, and you accept this as a condition of your use of the Service.
, all communications from you to this web site will be considered non-confidential and non-proprietary. You agree that any and all comments, information, feedback and ideas regarding our company, products or services that you communicate to BlastCasta ("Feedback") will be deemed, at the time of communication to BlastCasta, the property of BlastCasta, and BlastCasta shall be entitled to full rights of ownership, including without limitation, unrestricted right to use or disclose such Feedback in any form, medium or technology now known or later developed, and for any purpose, commercial or otherwise, without compensation to you. You are solely responsible for the content of your communications and their legality under all laws and regulations. You agree not to use this web site to distribute, link to or solicit content that is defamatory, harassing, unlawful, libelous, harmful to minors, threatening, obscene, false, misleading, or infringing a third party intellectual or privacy rights. Also, by providing a feed to BlastCasta to process, you confirm that the feed's publisher has granted you permission to use it in this manner.
4. Access to Password Protected or Secured Areas.
Access to and use of password protected or secured areas of this web site is restricted to authorized users only. You will provide accurate and current information on all registration forms on this web site. You are solely responsible for maintaining the confidentiality of any username and password that BlastCasta assigns you to access this web site as well as any activity that occur under your username/password. You will not misuse or share the username/password that is issued to you by BlastCasta, misrepresent your identity or your affiliation with an entity, impersonate any person or entity, or misstate the origin of any Materials you are exposed to through this web site. If you are in violation of your obligations under the Terms of Service, you may be subject to prosecution.
5. Acceptable and Prohibited Uses.
You agree to use the BlastCasta services in a manner that is legal and for purposes that are legal, and act in accordance to this Terms of Service when using any of the BlastCasta services. Below are the commitments you make to us in using this service:
You will not use BlastCasta if you are under 13.
You will keep your contact information accurate and up-to-date.
You will not share your password, (or in the case of developers, your secret key), let anyone else access your account, or do anything else that might jeopardize the security of your account.
You will not transfer your account (including any page or application you administer) to anyone without first getting our written permission.
If you select a username for your account we reserve the right to remove or reclaim it if we believe appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).
If we disable your account, you will not create another one without our permission.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not BlastCasta, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. BlastCasta does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will BlastCasta 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 Service.
As some examples, you agree to not use the Service to:
- 1. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, contains nudity, libelous, incites violence, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- 2. harm minors in any way;
- 3. impersonate any person or entity, including, but not limited to, a BlastCasta official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- 4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- 5. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- 6. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party; this includes resyndicating the content of a news feed (RSS, ATOM, etc.) without express permission from the publisher of the feed;
- 7. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- 8. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- 9. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
- 10. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- 11. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
- 12. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
- 13. "stalk" or otherwise harass another; and/or
- 14. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs 1 through 13 above.
You acknowledge that BlastCasta may or may not pre-screen Content, but that BlastCasta and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, BlastCasta and its designees shall have the right to remove any Content that violates this Terms of Service or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by BlastCasta or submitted to BlastCasta, including without limitation information in BlastCasta and in all other parts of the Service.
You acknowledge, consent and agree that BlastCasta may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms of Service; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of BlastCasta, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by BlastCasta and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
. When you conduct transactions with other companies providing content via this web site, you will be subject to their privacy policies.
7. Links to Other Sites.
The linked sites are not under the control of BlastCasta and BlastCasta is not responsible for the content of any linked site or any link contained in a linked site. BlastCasta reserves the right to terminate any link or linking program at any time. BlastCasta may provide links from this web site to other sites as a convenience to you and in no way should this be interpreted as an endorsement of any company, content or products to which it links and reserves the right to note as such on its web site. If you decide to access any of the third party sites linked to this web site, you do this entirely at your own risk. BlastCasta DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, TO ANY SUCH LINKED SITES, INCLUDING BUT NOT LIMITED TO ANY TERMS AS TO THE ACCURACY, OWNERSHIP, VALIDITY OR LEGALITY OF ANY CONTENT OF A LINKED SITE.
The trademarks, service marks and logos of BlastCasta and others used in this web site ("Trademarks") are the property of BlastCasta and their respective owners. You have no right to use any such Trademarks, and nothing contained in this web site or the Terms of Service grants any right to use (by implication, waiver, estoppel or otherwise) any Trademarks without the prior written permission of BlastCasta or the respective owner.
You agree to indemnify, defend and hold BlastCasta harmless from and against any and all claims, liabilities, damages, losses or expenses (including reasonable attorney's fees and costs) arising out of, based on or in connection with your access and/or use of this web site.
10. Limitation of Liability.
IN NO EVENT SHALL BlastCasta OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOSS PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, SERVICE DOWNTIME, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THIS WEB SITE OR ANY BlastCasta PRODUCTS OR SERVICES, DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION, CONTENT, OR MATERIALS PRESENTED ON THIS WEB SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY EVEN IF BlastCasta OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BlastCasta assumes no responsibility for accuracy, correctness, or content of the Materials provided on this web site. You should not assume that the Materials on this web site are continuously updated or otherwise contain current information. THE MATERIALS PROVIDED AT THIS WEB SITE ARE PROVIDED "AS IS" AND ANY WARRANTY (EXPRESS OR IMPLIED), CONDITION OR OTHER TERM OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE IS HEREBY EXCLUDED.
12. Export Restrictions.
The United States export control laws and regulations, including the Export Administration Regulations of the U.S. Department of Commerce, and other applicable laws or regulations apply to this web site which prohibit the export or re-export of content, products, services, and technology to certain countries and persons. You agree to comply with all export laws, regulations and restrictions of the United States and any foreign agency or authority and assume sole responsibility for any such unauthorized exportation.
13. Applicable Laws.
All matters relating to your access and use of this web site shall be governed by the federal laws of the United States and the laws of the State of California. Exclusive jurisdiction and venue of any actions arising out of, or relating to or in any way connected with your access and/or use of this web site shall be in Orange County, California if in state court and in the Southern District of California if in Federal Court.
If you have any questions regarding the Terms of Service for this website, please contact BlastCasta at firstname.lastname@example.org
. For other general questions, please visit the BlastCasta Contact Us