CelleCast Terms and Conditions
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE. BY ACCESSING THIS SITE OR USING ANY PART OF THE SITE OR ANY CONTENT OR SERVICES ON THE SITE, YOU AGREE TO BECOME BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS ("TERMS"), DO NOT USE THIS SITE. CELLECAST RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO MODIFY OR REPLACE THE TERMS AT ANY TIME.
Use of Site. CelleCast, Inc. ("CelleCast") authorizes you to view and listen to the materials at this web site ("Site") only for your personal, non-commercial use.
The materials and information at this Site are copyrighted and any unauthorized use of any materials or information at this Site may violate copyright, trademark and other laws and may not be used except as provided in these Terms without the express written permission of CelleCast. CelleCast neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with CelleCast. Permission is granted to you to use white papers, press releases, data sheets and FAQs, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials.
Information on this Site may contain technical inaccuracies, typographical errors and statements that are subject to change. Information may be changed or updated without notice. CelleCast may also make improvements and/or changes in the products and/or the programs described on this Site at any time without notice.
Information on this site is provided "as is" without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non-infringement. This disclaimer shall apply to the fullest possible extent in jurisdictions that limit the exclusion of implied warranties.
Description of Service. Subject to full compliance with the Terms, CelleCast may offer to provide certain services and content, as described more fully on the Site, ("Services"). Services shall include, but not be limited to, any service and content the Company performs for you, as well as the offering of any materials displayed or performed on the Site (including, but not limited to text, messages, information, data, graphics, news articles, photographs, images, illustrations, software and audio clips also known as the "Content") on the Site. The Company may change, suspend or discontinue the Services including any Content for any reason, at any time, including the availability of any feature or content. CelleCast may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.
Registration Guidelines. To obtain the fullest benefit of use on CelleCast, it is suggested that you register with us by providing your information including primary cell number and selecting a PIN. It is also strongly recommended that you create a complete user profile associated with your phone number. You are obligated to provide CelleCast with accurate and complete registration information. Failure to meet these terms may result in immediate termination of your CelleCast account. You are forbidden to: (i) select or use the phone number of someone other than yourself with the intent to impersonate that person (ii) use a name other than your own or one subject to the rights of another person, without authorization or (iii) use a name that is obscene or vulgar. CelleCast reserves the right to refuse registration or cancel a CelleCast account if, in its sole discretion, any of these terms are violated.
User Submissions. Any material, information or other communication you transmit or post to this Site ("Communications") will be considered non-confidential and non-proprietary. CelleCast will have no obligation with respect to the Communications. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, pornographic or other material that would violate any law.
CelleCast holds in utmost esteem the privacy of its users and will not sell personal data collected on the site to any third party or use it for any unsolicited communication other than those regarding your account and for opt-in promotional messages. Your personal information will not be made public to any CelleCast advertisers or partners, but will be used to maintain advertising profiles, created by you, to customize your CelleCast experience.
Indemnity. You will indemnify and hold harmless CelleCast, its parents, subsidiaries, affiliates, customers, partners, vendors, officers and employees from any liability, damage or cost (including reasonable attorneys. fees and cost) from (i) any claim or demand made by any third party due to or arising out of your access to the Site, use of the Services, violation of the Terms by you, or the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity.
Limitation of Liability. In no event will CelleCast be liable to any party or for any direct, indirect, special or other consequential damages for any use of this site, or on any other hyperlinked site, including, without limitation, any lost profits, lost savings, business interruption, loss of programs or other data on your information handling system or otherwise, even if we are expressly advised of the possibility of such damages.
Links To Other Sites. Links to third party sites on this Site are provided solely as a convenience to you. If you use these links, you will leave this Site. CelleCast has not reviewed all of these third party sites and does not control and is not responsible for any of these sites or their content. Thus, CelleCast does not endorse or make any representations about them, nor any information, software or other products or materials found there, nor any results that may be obtained from using them. If you decide to access any of the third party sites linked to this Site, you do so entirely at your own risk.
Miscellaneous. No partnership, joint venture or employment is created as a result of the Terms. You do not have authority to bind CelleCast in any respect whatsoever. CelleCast shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Company's reasonable control, including, without limitation, mechanical, electronic or communications failure or error. If any provision of the Terms is found to be unenforceable or invalid, such provision shall be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full effect and enforceable. Both parties agree that these Terms are the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms.