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Terms Of Use

TERMS OF USE

STRADFORD FINANCIAL, LLC (​"CALLCAST"​) OWNS AND OPERATES THE WEBSITE LOCATED AT http://callcast.co (​"Website and APP"​) & THE AFFILIATED APPS & ANY OTHER FORM OF DIGITAL ASSETS DUALLY REFERRED TO AS ​“SOFTWARE and PRODUCTS”​ LOCATED FOR DOWNLOADING AT THE APPLE STORE, GOOGLE PLAY, OR END USER MOBILE SERVICE AVAILABILITY, OR WIDGET OR OTHER SOFTWARE OFFERING. THE PERSONS ​(​USER) AGREE TO THESE TERMS OF USE APPLICABLE TO THE SOFTWARE PRODUCTS, INCLUDING UPLOADS OF ANY MATERIALS TO THE SOFTWARE PRODUCTS, SERVICES PROVIDED THROUGH THIS SOFTWARE PRODUCTS, AND VIEW THE CONTENT ON OR AVAILABLE THROUGH THE SOFTWARE PRODUCTS.

BY USING THIS SOFTWARE PRODUCTS ​USER ​ INDICATES ACCEPTANCE OF THESE TERMS HENCES FORTH THE CONDITIONS IN THE TERM OF USE. IF ​USER ​ DOES NOT ACCEPT THESE TERMS OF USE, THEN USER IS PROHIBITED FROM ALL SOFTWARE PRODUCTS, CONTENT OR SERVICES. IF USER WISHES TO ACCESS THE PRODUCT, STRADFORD FINANCIAL, LLC HOLDS NO LIABILITY AND MAY EXERCISE LEGAL OPTIONS IF USER ATTEMPTS TO ACCESS THE SOFTWARE PRODUCTS. THESE TERMS OF USE MAY BE AMENDED OR UPDATED BY CALLCAST FROM TIME TO TIME WITHOUT NOTICE AND THE TERMS OF USE MAY HAVE CHANGED SINCE ​USER ​ S LAST VISIT TO THE SOFTWARE PRODUCTS. IT IS THE ​USER ​ S RESPONSIBILITY TO REVIEW THESE TERMS OF USE FOR ANY CHANGES. ​USERs ​ USE AFTER ANY AMENDMENTS OR UPDATES OF THESE TERMS OF USE SHALL SIGNIFY ​USERs ​ ASSENT TO AND ACCEPTANCE OF SUCH REVISED TERMS. ANY NEW FEATURES THAT MAY BE ADDED TO THIS SOFTWARE PRODUCTS FROM TIME TO TIME WILL BE SUBJECT TO THESE TERMS OF USE, UNLESS STATED OTHERWISE. ​USER ​ S SHOULD VISIT THIS PAGE PERIODICALLY TO REVIEW THESE TERMS OF USE.

USERS ACCEPTING THESE TERMS OF USE ON BEHALF OF A CORPORATION OR OTHER HAS LEGAL AUTHORITY AND NECESSARY RIGHTS TO REPRESENT ON BEHALF OF CORPORATION OR ENTITY, ENTER INTO AND BIND SUCH CORPORATION OR ENTITY TO THESE TERMS OF USE. THE SERVICES IS NOT INTENDED FOR USE BY MINORS. IF ​USER ​ IS UNDER 13 YEARS OF AGE, ​USER ​ ACKNOWLEDGES THEY HAVE OBTAINED PARENTAL CONSENT, STRADFORD FINANCIAL, LLC, AND ALL PRODUCTS RELEASED BY THE PARENT COMPANY IS RELEASED OF ALL LEGAL AND LIABILITY ACCORDING TO THE TERMS OF SERVICES. STRADFORD FINANCIAL, LLC HAS A RIGHT TO OBTAIN PARENTAL CONSENT AND/OR TERMINATE USE OF ALL CONTENT FOR USERS UNDER THE AGE OF 18. IF USER IS UNABLE TO OBTAIN PARENTAL CONSENT, STRADFORD FINANCIAL MAY TERMINATE THE RELATIONSHIP WITH USER AND LEGALLY HAS RIGHTS TO ALL OF USERS CONTENT UPLOADING OR FURNISHED THROUGH THE SOFTWARE PRODUCTS. CALLCAST RESERVES THE RIGHT TO UPDATE AND CHANGE THESE TERMS OF SERVICE AT ANY TIME

CallCast Service. The CallCast service allows ​USER ​ s to create, edit, mix, publish and host sound recordings on an individual basis or by collaborating with others ("Service"). In order to use the Service, ​USER ​ must create an account and pay the applicable fees posted on the App, Website, Plugin or other application provided by the CallCast Service. CallCast allows ​USER ​ s to host and remix audio podcasts, however we reserve the right to terminate, disable or throttle USER ​ accounts that in our sole discretion are significantly exceeding a reasonable or fair bandwidth usage and overwhelming the Service capacity.

1. Fees and Payment. ​USER ​ s are required to pay the fees for the applicable subscription package they select, all of which will be outlined on the SOFTWARE PRODUCTS. All fees are payable in US dollars and are billed on a monthly or yearly basis.

2. Content. All information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, whether publicly posted or privately transmitted to the SOFTWARE PRODUCTS by viewers or ​USER ​ s whether in forums or otherwise (​"​USER ​ Content"​), is the sole responsibility of such viewers or ​USER ​ s. This means that the viewer or ​USER ​ , and not CallCast, are entirely responsible for all such material uploaded, posted, emailed, transmitted or otherwise made available by using the Service. CallCast does not control or actively monitor ​USER ​ Content and, as such, does not guarantee the accuracy, integrity or quality of such content. ​USER ​ s acknowledge that by using the Service, they may be exposed to materials that are offensive, indecent or objectionable. Under no circumstances will CallCast be liable in any way for any materials, including, but not limited to, for any errors or omissions in any materials or any defects or errors in any printing or manufacturing, or for any loss or damage of any kind incurred as a result of the viewing or use of any materials posted, emailed, transmitted or otherwise made available via the Service. USERs agree that all the content that they upload will remain in good taste and be respectful to the larger community at large.

3. Restrictions on ​USER ​ Content and Use of the Service. CallCast reserves the right at all times (but will have no obligation) to remove or refuse to distribute any ​USER ​ Content and to terminate ​USER ​ s or reclaim ​USER ​ names. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Use, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to USER ​ support requests, or (v) protect the rights, property or safety of our ​USER ​ s and the public.

4. All data generated and created by each user/member of the CallCast community is responsible for and own 100% of their own content. CallCast does not own or claim any right to user any data generated by any user without full permissions by and from the original creator/user. CallCast is 100% for the creator community and will always strive to make sure the content and data created by the users belongs to the users. In using the SOFTWARE PRODUCTS and/or Service ​USER shall not:

  1. copy any content unless expressly permitted to do so herein;
  2. upload, post, email, transmit or otherwise make available any material that:
    1. is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially or ethnically objectionable, encourages criminal behavior, gives rise to civil liability, violates any law, or is otherwise objectionable;
    2. USER do not have a right to make available under any law or under a contractual relationship;
    3. infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party (including privacy rights);
    4. is or contains unsolicited or unauthorized advertising, solicitations for business, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
    5. 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 or data or the SOFTWARE PRODUCTS or that of any ​USER's or viewers of the SOFTWARE PRODUCTS or that compromises a ​USER’s policy or
    6. contains any falsehoods or misrepresentations or create an impression that USER know is incorrect, misleading, or deceptive, or any material that could damage or harm minors in any way;
  3. impersonate any person or entity or misrepresent their affiliation with a person or entity;
  4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted to or through the SOFTWARE PRODUCTS or impersonate another person or organization
  5. interfere with or disrupt the SOFTWARE PRODUCTS or servers or networks connected to the SOFTWARE PRODUCTS, or disobey any requirements, procedures, policies or regulations of networks connected to the SOFTWARE PRODUCTS or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
  6. intentionally or unintentionally violate any applicable local, state, national or international law or regulation;
  7. collect or store personal data about other ​USER's or viewers
  8. license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the SOFTWARE PRODUCTS; or
  9. modify, translate, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the SOFTWARE PRODUCTS, except to the extent the foregoing restrictions are expressly prohibited by applicable law

USER ​ also agree not to access the SOFTWARE PRODUCTS in a manner that utilizes the resources of the SOFTWARE PRODUCTS more heavily than would be the case for an individual person using a conventional web browser. Notwithstanding the foregoing, operators of public search engines may use spiders or other bots for the purpose of creating publicly available searchable indices of the materials on this SOFTWARE PRODUCTS

  1. License of Content. By submitting, posting or displaying ​USER ​ Content on or through the Service, ​USER ​ owns 100% of the content and CallCast will not commercially use, license or sell any USER content/data without full consent from the USER first.
  2. End ​USER ​ License. Except for ​USER ​ Content, this SOFTWARE PRODUCTS, and the information and materials that it contains, are the property of Stradford Financial, LLC and its licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, and other intellectual property laws. Subject to the terms of this Agreement, CallCast grants ​USER ​ a non-transferable, non-exclusive, license to use the SOFTWARE PRODUCTS for ​USERs ​ use (the "​License​"). Nothing in the Terms gives ​USER ​ a right to use the CallCast or CallCast names, trademarks, logos, domain names, and other distinctive brand features without our prior written consent. ​USER ​ shall not attempt to override or circumvent any of the usage rules or restrictions on the SOFTWARE PRODUCTS. Any future release, update, or other addition to functionality of the SOFTWARE PRODUCTS shall be subject to the terms of these Terms.
  3. Copyright Notice Policy. We do not permit copyright infringing activities and infringement of intellectual property rights on and will remove any photos or other content if properly notified that such content infringes on another's intellectual property rights. If ​USER ​ are a copyright owner or an agent thereof and believe that any content infringes upon ​USERs copyright, ​USER ​ may submit a notification by providing our Copyright Agent with the following information in writing:
  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest;
  • a description of the copyrighted work that ​USER ​ claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
  • identification of the URL or other specific location on the Services where the material that USER ​
  • USERs address, telephone number, and email address;
  • a statement by ​USER ​ that ​USER ​ have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • a statement by ​USER ​ , made under penalty of perjury, that the above information in USERs ​ notice is accurate and that ​USER ​ are the copyright owner or authorized to act on the copyright owner's behalf. ​USER ​ can contact our Copyright Agent via email at hi@callcast.co or by mail at:

VisionReached & CallCast LLC, Copyright Agent
312 Arizona Ave
Santa Monica CA, 90401

  1. Feedback. If ​USER ​ provide CallCast with any suggestions, comments or other feedback relating to any aspect of the SOFTWARE PRODUCTS and/or Service (​"Feedback"​), CallCast may use such Feedback in the SOFTWARE PRODUCTS or in any other CallCast products or services (collectively, ​"CallCast Offerings"​). Accordingly, ​USER agree that: (a) CallCast is not subject to any confidentiality obligations in respect to the Feedback, (b) the Feedback is not confidential or proprietary information of ​USER ​ or any third party and ​USER ​ have all of the necessary rights to disclose the Feedback to CallCast, (c) CallCast (including all of its successors and assigns and any successors and assigns of any of the CallCast Offerings) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in any CallCast Offerings, and (d) ​USER ​ are not entitled to receive any compensation or re-imbursement of any kind from CallCast or any of the other ​USER ​ s of the SOFTWARE PRODUCTS in respect of the Feedback
  2. Links & Third-Party SOFTWARE PRODUCTSs. This SOFTWARE PRODUCTS (including ​USER ​ Content) may contain links to other SOFTWARE PRODUCTSs that are not owned or controlled by CallCast. In no event shall any reference to any third party, third party product or service be construed as an approval or endorsement by CallCast of that third party, third party product or service. CallCast is also not responsible for the content of any linked SOFTWARE PRODUCTSs. Any third-party SOFTWARE PRODUCTSs or services accessed from the SOFTWARE PRODUCTS are subject to the terms and conditions of those SOFTWARE PRODUCTSs and or services and ​USER are responsible for determining those terms and conditions and complying with them. The presence on the SOFTWARE PRODUCTS of a link to any other SOFTWARE PRODUCTS(s) does not imply that CallCast endorses or accepts any responsibility for the content or use of such SOFTWARE PRODUCTS, and ​USER ​ hereby release CallCast from all liability and/damages that may arise from ​USERs ​ use of such SOFTWARE PRODUCTS or receipt of services from any such SOFTWARE PRODUCTS.
  3. DISCLAIMER OF REPRESENTATIONS, WARRANTIES AND CONDITIONS. THE SOFTWARE PRODUCTS, SERVICE AND ALL MATERIALS PROVIDED THEREIN ARE PROVIDED "AS IS." CALLCAST SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT ​USER ​ OWN DISCRETION AND RISK AND ​USER ​ WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO ​USER ​ s COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH MATERIAL. CALLCAST DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE SOFTWARE PRODUCTS OR IN RESPECT TO ANY SOFTWARE PRODUCTS THAT CAN BE REACHED FROM A LINK ON THE SOFTWARE PRODUCTS OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE SOFTWARE PRODUCTS, AND CALLCAST SHALL NOT BE A PARTY TO ANY TRANSACTION THAT ​USER ​ MAY ENTER INTO WITH ANY SUCH THIRD PARTY. CALLCAST WILL NOT BE LIABLE FOR ANY TYPE OF CONTENT EXCHANGED BY MEANS OF THE SERVICE OR FOR ANY INTERACTIONS OR TRANSACTIONS BETWEEN ​USER ​ s.
  4. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL CALLCAST BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM (I) ​USER ​ s USE OF OR ​USER ​ s INABILITY TO USE THIS SOFTWARE PRODUCTS OR THE SERVICE, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE SOFTWARE PRODUCTS, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO ​USER ​ s USE OF THE SERVICE, ANY BUGS, VIRUSES, TROJAN HORSES, OR ANY OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE SOFTWARE PRODUCTS, OR (V) ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE SOFTWARE PRODUCTS OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO ​USERs ​ USE OF THE SOFTWARE PRODUCTS. THESE LIMITATIONS SHALL APPLY EVEN IF CALLCAST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, CALLCAST’S LIABILITY TO USER ​ FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY U.S. DOLLARS ($50) OR (B) AMOUNTS ​USERs ​ HAVE PAID CALLCAST IN THE PRIOR 12 MONTHS (IF ANY)THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
  5. INDEMNIFICATION. ​USER ​ S HALL INDEMNIFY AND HOLD CALLCAST AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES, HARMLESS FROM ALL CLAIMS, ACTIONS, PROCEEDINGS, DEMANDS, DAMAGES, LOSSES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES), INCURRED IN CONNECTION WITH: (I) ANY MATERIALS SUBMITTED, POSTED, TRANSMITTED OR MADE AVAILABLE BY ​USER ​ THROUGH THE SERVICE; (II) ANY INTERACTIONS OR TRANSACTIONS BETWEEN ​USER ​ AND ANY OTHER ​USER ​ ; AND/OR (III)ANY VIOLATION BY ​USER ​ OF THESE TERMS OF USE, THE RIGHTS OF ANY THIRD-PARTY OR ANY APPLICABLE LAW OR REGULATION.
  6. Termination. CallCast may, under certain circumstances and without prior notice, immediately terminate ​USERs ​ ability to access the SOFTWARE PRODUCTS or portions thereof. CallCast will make sure the user can download their recordings for up to 2 weeks of termination of service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of these Terms of Use or any other agreement that USER ​ may have with CallCast (including, without limitation, non-payment of any fees owed in connection with the SOFTWARE PRODUCTS or otherwise owed by ​USER ​ to CallCast), (b) requests by law enforcement or other government agencies, (c) a request by ​USER ​ , (d) discontinuance or material modification to the SOFTWARE PRODUCTS (or any part thereof), (e) unexpected technical, security or legal issues or problems, and/or (f) participation by ​USER ​ , directly or indirectly, in fraudulent or illegal activities. Termination of ​USERs ​ access to the SOFTWARE PRODUCTS may also include removal of some or all of the materials uploaded by ​USER ​ to the SOFTWARE PRODUCTS. ​USER ​ acknowledge and agree that all terminations may be made by CallCast in its sole discretion and that CallCast shall not be liable to ​USER ​ or any third-party for any termination of ​USERs ​ access to this SOFTWARE PRODUCTS or for the removal of any of the materials uploaded by ​USER ​ to the SOFTWARE PRODUCTS. Any termination of these terms of use by CallCast shall be in addition to any and all other rights and remedies that CallCast may have
  7. Availability & Updates. CallCast may alter, suspend, or discontinue this SOFTWARE PRODUCTS at any time and for any reason or no reason, without notice. The SOFTWARE PRODUCTS may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. CallCast may periodically add or update the information and materials on this SOFTWARE PRODUCTS without notice.
  8. Security. Information sent or received over the Internet is generally unsecured and CallCast cannot and does not make any representation or warranty concerning security of any communication to or from the SOFTWARE PRODUCTS or any representation or warranty regarding the interception by third parties of personal or other information. USER ​ are responsible for safeguarding the password that ​USER ​ use to access the Service and ​USER ​ are responsible for any activities or actions under ​USERs ​ password. USER ​ agree to keep ​USERs ​ password secure. CallCast will not be liable for any loss or damage arising from ​USERs ​
  9. General. These Terms of Use, together with any privacy policy that may be published on the SOFTWARE PRODUCTS, constitutes the entire agreement between the parties relating to the SOFTWARE PRODUCTS and Service and all related activities. These terms of use shall not be modified except in writing signed by both parties or by a new posting of these terms of use issued by CallCast. If any part of these Terms of Use is held to be unlawful, void, or unenforceable, that part shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions. The failure of CallCast to exercise or enforce any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Any waiver of any right or provision by CallCast must be in writing and shall only apply to the specific instance identified in such writing. ​USER ​ may not assign the terms of use, or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without CallCast’s prior written consent. We may assign these Terms of Use without restriction. These Terms of Use are governed by the laws of the Province of Los Angeles without regard to its choice of laws provisions. ​USER ​ hereby irrevocably attorn to the exclusive jurisdiction of the courts of the Province of Los Angeles.

If a ​USER has any questions about these Terms of Service or if the ​USER ​ wishes to make any complaint or claim with respect to the SOFTWARE PRODUCTS or Service Offered or Service rendered, please contact us at: hi@callcast.co
Effective Date: August 1, 2018
Last Updated: August 28, 2018