You may use the Web sites, software, services and media applications of FreeCast provided that you agree to the following terms.
BY ACCESSING, USING OR REGISTERING FOR FREECAST, YOU ARE SIGNIFYING ELECTRONICALLY THAT YOU AGREE TO ABIDE BY THE FOLLOWING TERMS.
We may modify this Agreement. We may modify this Agreement at any time. You agree to review this Agreement periodically so that you will be apprised of any changes and to check for any notices we may provide regarding updates to the Agreement.
FreeCast Online Sales FreeCast is a "Digital Service" and a physical product will not be shipped nor received. Instant access to the service is granted on successful completion of purchase and verified with initial login on the FreeCast site. FreeCast is a video search product designed for personal, entertainment and informational purposes only. Results shown on FreeCast will include links to Content hosted and served from third-party websites. Some Content and some of these sites may contain materials that are objectionable, unlawful, or inaccurate. By providing access to the Content or these links, it does not mean that we endorse the Content, these third-party sites or services. You acknowledge and agree that we are not responsible or liable to you for any Content or other materials hosted and served from these third-party sites. FreeCast is a consumer service and is not designed to be used in connection with your, your employers' or contractors' commercial activities. If you choose to do so, it is entirely at your own, and your employer's or contractor's, risk.
FreeCast Mail Order and Retail Packaged Goods Each FreeCast Cord Cutter Kit will include the following items:
Children and Minors. FreeCast is intended for general audiences. Parents and guardians who permit their children to use FreeCast should supervise such access to FreeCast by minors and are responsible for ensuring that the Content is suitable for those children. Such Content may not specifically be intended to be accessed by children.
Advertising. You acknowledge and agree that FreeCast is supported by advertising, and you agree that such advertising may be presented as part of the FreeCast service. Any dealings that you have with advertisers found on FreeCast are between you and the advertiser, and you acknowledge and agree that we are not liable for any loss or claim you may have against an advertiser.
Registration. We and our affiliates may provide certain interactive or communications online services that may require you to obtain log-in and password credentials ("User IDs"). Registration for User IDs may be subject to separate terms and conditions, which you understand and agree will govern your use of such User IDs when you access FreeCast.
We will open a registered user account for you when you complete your registration. You will select (or we may assign to you) a Screen Name that will be identified with your account. You will also be able to select a password to access your Screen Name. Your Screen Name and password are your credentials to give you access to the Services on FreeCast. You must provide complete and accurate information about yourself. You must be legally competent to enter into contracts. You agree to keep this information up to date. You may not have a Screen Name that is vulgar, attempts to impersonate another person or violates the rights of others. We also may reject any Screen Name that we determine in our discretion is unacceptable for use on FreeCast.
Registration and Access Controls. You are responsible for maintaining the confidentiality of your login names and passwords and you accept responsibility for all activities, charges, and damages that occur under your account. If you have reason to believe that someone is using your account without your permission, you should contact us immediately. We will not be responsible for any loss or damage resulting from your failure to notify us of unauthorized use. If we request registration information from you, you must provide us with accurate and complete information and must update the information when it changes. You may not access any age-restricted Services unless you are above the required age.
Email Opt-in. By accepting these terms and clicking Create account, you will automatically be signed up to receive our newsletter along with other various emails from FreeCast. As a customer, we wish to keep you informed about new deals, discounts, and new products To opt-out of our email list, simply click ‘unsubscribe’ at the bottom of any email you receive after you have registered.
Your membership begins 30 days from the date of purchase. It is your responsibility to log on and register to obtain full access to the services and benefits of membership. By purchasing FreeCast, you agree to the terms of service and other conditions as they may from time to time be posted on the watch.freecast.com or watch.freecast.com websites.
Your Responsibilities. FreeCast is for your personal use only and you agree that you are responsible for your use of the site and for any posts you make. You are responsible for all activities under your account, including all legal liability incurred from the use of your account by you or others. You will use FreeCast for lawful purposes only. You agree that you will not access or submit material or use FreeCast or its Content, or otherwise engage in any conduct that:
You agree that we may take any legal and technical remedies to enforce this Agreement, including without limitation, immediate termination of your account or access to any FreeCast service if we believe in our discretion you are violating this Agreement.
No Spam. You may not use FreeCast to harvest information about our users for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications. You may not induce or allow others to use FreeCast to violate the terms of this section. We may take any technical remedies to prevent unsolicited bulk communications from entering, utilizing or remaining within our computer or communications networks.
Monitoring; violations. We have no duty to monitor or pre-screen Content on FreeCast. We reserve the right to remove Content for any reason, but we are not responsible for any failure or delay in removing such material. Violation of this may result in actions, without warning, that range from removal of Content, to suspension of access, to deletion of your User ID and account, to legal action in our sole discretion.
Proprietary Rights. As between you and watch.freecast.com, its affiliates, parent, licensors, suppliers, and various Content owners, own the property rights to FreeCast and any Content offered through FreeCast. FreeCast and the Content are protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary rights, and also may have security components that protect digital information only as authorized by FreeCast or the owner of the Content.
Our license to you. We grant you a personal, non-exclusive, non-transferable, limited and revocable license to use FreeCast subject to the terms of this Agreement. You may not use FreeCast in a manner that exceeds the rights granted for your use of the service and its Content. Without limitation of the foregoing, you may not engage in unauthorized copying or distribution of the Content or creating an unauthorized derivative work. You may not circumvent any mechanisms for preventing the unauthorized reproduction or distribution of the Content or FreeCast service. Your license terminates immediately upon cancellation or termination of your FreeCast or if we believe you are in violation of this Agreement.
Trademarks & Copyright. The trademarks, copyrights, names, logos, and service marks (collectively ‘trademarks & copyrights’) displayed on this website are registered and unregistered trademarks of the website owner. Nothing contained on this website should be construed as granting any license or right to use any trademarks & copyrights without the prior written permission of the website owner. Any unauthorized use of trademarks & copyrights will be subject to legal action.
Procedure for making claims of copyright infringement. We respect the intellectual property of others. If you believe that your work has been copied and is accessible on FreeCast in a way that constitutes copyright infringement, please follow the instructions on how to contact us to report possible copyright infringement. It should again be noted that FreeCast does not host any content on its servers or network, it is simply a list of links to content that is available all over the internet on a large range of video hosting and broadcasting network sites. Content owners must understand that by having a listing removed from FreeCast they will not be removing the actual source video from the 3rd party site. Content owners must contact the video hosting site themselves to request removal.
In accordance with the Digital Millennium Copyright Act of 1998 (the text of which may be found on the U.S. Copyright Office website at http://lcweb.loc.gov/copyright/), FreeCast will respond expeditiously to claims of copyright infringement that are reported to FreeCast's designated copyright agent identified below. If you are a copyright owner, or are authorized to act on behalf of an owner of the copyright or of any exclusive right under the copyright, and believe that your work has been copied in a way that constitutes copyright infringement, please report your notice of infringement to FreeCast by providing FreeCast's designated copyright agent listed below with the following information:
FreeCast's Copyright Agent for notice of claims of copyright infringement can be reached as follows: email@example.com FREECAST RESERVES THE RIGHT TO REMOVE CONTENT IN ITS DISCRETION AND TERMINATE THE ACCOUNTS OF FREECAST USERS WHO REPEATEDLY INFRINGE, OR APPEAR TO INFRINGE, THE INTELLECTUAL PROPERTY OR OTHER RIGHTS OF THIRD PARTIES.
Equipment and access. You must provide at your own expense the equipment and Internet connections that you will need to access and use FreeCast. If you are accessing FreeCast through a telephone line, please call your local phone company to determine if the access numbers you select are subject to long distance or other toll charges at your location. Also, if you elect to use your wireless applications (such as cell phones, wifi connections) to use certain FreeCast features, including any FreeCast mobile applications, your wireless carrier may charge standard fees for alerts, text messaging (including receiving/sending instant messages and e-mail), web browsing and other services that require the use of airtime and wireless data services. Check with your carrier to verify whether there are any such fees that may apply to you. You are solely responsible for any costs you incur to access FreeCast through any wireless or other communications service. If you register to use any FreeCast mobile applications, you agree that we may communicate with you regarding FreeCast by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the mobile services may be communicated to us.
Use of software. If we may make software available for you to download or use. Such software will be subject to the terms of the license agreement that accompanies it. If there is no license agreement presented to you with the software, then the terms in this Section 15 shall govern your use of such software. We grant you a personal, non-exclusive, non-transferable, limited license to install the software on any single computer. The software is protected by copyright and other intellectual property laws and treaties and is owned by us or our suppliers. You may not sell or redistribute the software. You may not incorporate it or any portion of it into another product. You may not reverse engineer, decompile, or disassemble the software or otherwise attempt to derive the source code (except where expressly permitted by law). You may not modify, adapt, or create derivative works from the software in any way or remove proprietary notices in the software. You agree to abide by all laws and regulations in effect regarding your use of the software. You may not authorize or assist any third party to do any of the things prohibited in this section. We may automatically check your version of the software and update it to improve its performance and capabilities. If you shutdown the software during an automatic update or otherwise interfere with the installation of the update, the software may be damaged and/or cease to operate.
Payment. For any products offered for a fee, you agree to pay all charges for purchases that you make from us, including all applicable taxes, fees and surcharges. You agree to abide by any terms that will apply to purchases or subscriptions. You must select a payment method to pay us for all charges. If you use a credit card or other electronic payment process, you must give us accurate billing and payment information and keep this information up-to-date in the My Account" or "Billing" section of the applicable fee-based service. We will bill you through the payment method that is associated with your account. If you use a credit card or other electronic payment method, you authorize us to charge your designated payment method for these charges and to retain information about the payment method associated with your account. If we do not receive payment from your designated payment method, you agree to pay all amounts due upon demand by us. Each time you use a for-fee service with FreeCast, you reaffirm that (i) we are authorized to charge your designated payment method; (ii) we may submit charges incurred under your account for payment; and (iii) you will be responsible for such charges, even if your account is canceled or terminated. Recurring sales that occur on an Active FreeCast account are not subject to refund.
LIMITATION OF LIABILITY. WE, OUR LICENSORS AND DISTRIBUTORS HAVE NO LIABILITY WITH RESPECT TO YOUR USE OF FREECAST. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE OR OUR PARENT, AFFILIATES, DIRECTORS, EMPLOYEES, DISTRIBUTORS, LICENSORS, SUPPLIERS, PARTNERS, AGENTS OR RESELLERS (COLLECTIVELY, THE " FREECAST GROUP") BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATING TO THIS AGREEMENT OR THE USE OF OR INABILITY TO USE FREECAST, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, LOST PROFITS, LOSS OF DATA, CORRUPTION OF DATA, COMPUTER FAILURE OR MALFUNCTION. YOUR SOLE REMEDY WITH RESPECT TO ANY DISPUTE WITH US OR FREECAST IS TO CANCEL YOUR USE OF FREECAST.
Termination. We may cancel or suspend your access to FreeCast or your User ID account immediately, without notice, for any reason, including without limitation, if there has been a violation of this or if you have failed to pay any fees for purchases that you make from us. Your right to use FreeCast will end once your services are cancelled or terminated, and any data you have stored on FreeCast, if any, may be unavailable later. If you have subscribed to any fee-based service, you remain responsible for paying any amounts owed on your account at the time your fee-based service and/or account is terminated or cancelled. If you are participating in any free promotional offer for accessing a fee-based service, you must cancel such service before the end of the free trial period to avoid incurring charges. Certain fee-based services may require cancellation charges, and you will pay all cancellation charges specified to you at the time you register for the service.
Indemnification. Upon a request by us, you agree to defend, indemnify, and hold harmless us and our parent and other affiliated companies, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney's fees that arise from your use or misuse of FreeCast arising out of the contents you submit, e-mail, transmit or make available through FreeCast , your violation of these Terms of Service, or your violation of any rights of another user of FreeCast . YOU RECOGNIZE THAT IN MANY JURISDICTIONS, PUBLISHING OF CERTAIN TYPE OF MATERIAL INVITES CRIMINAL SANCTIONS. YOU ACKNOWLEDGE THAT YOU ALONE SHALL PERSONALLY BE RESPONSIBLE FOR SUCH CRIMINAL SANCTIONS, SHOULD THEY BE IMPOSED. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
Under no circumstances will FreeCast Inc and/or its affiliates be liable for any direct, indirect, incidental, special, or consequential damages to computers, devices, or equipment of any kind that result from the use of, or inability to use, the FreeCast web-based guide
International use. We make no representation that FreeCast is appropriate or available for use in the country, geographic area or jurisdiction where you are located, and accessing FreeCast from territories where the Content accessed via the FreeCast services may be illegal or is prohibited. You are responsible for compliance with local laws when you access and use FreeCast .
U.S. GOVERNMENT END-USERS. FreeCast and any software products offered with FreeCast are a "commercial item," as that term is defined in 48 C.F.R. 2.101, consisting of "commercial software" and "commercial computer documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995) and 48 C.F.R. 227.7202 (June 1995). Consistent with 48 C.F.R. 12.212, 48 C.F.R. 27.405(b) (2) (June 1998) and 48 C.F.R. 227.7202, all end users, including U.S. Government end users acquire FreeCast software products with only those rights as set forth herein.
Electronic transactions and notices. You understand and agree that FreeCast is an online service and that we transact with our customers electronically. Your affirmative act of accessing and using FreeCast constitutes your acceptance to the terms of this Agreement. This Agreement shall have the same force and effect as an agreement in writing. You further agree to receive all required notices ("Notices") from us electronically. WE MAY PROVIDE NOTICES TO YOU ELECTRONICALLY (1) VIA THE E-MAIL IF YOU HAVE PROVIDED US OR (2) BY POSTING THE NOTICE ON A WEBSITE DESIGNATED BY US FOR THIS PURPOSE. The delivery of any Notice is effective when sent or posted by us, regardless of whether you read the Notice or actually receive delivery. You can withdraw your consent to receive Notices electronically by discontinuing your use of FreeCast.
Injunctive relief. You acknowledge and agree that, notwithstanding any other provisions of this Agreement, your breach or threatened breach of this Agreement shall cause us irreparable damage for which recovery of money damages would be inadequate and that we, therefore, may obtain timely injunctive relief to protect its rights under this Agreement in addition to any and all other remedies available at law or in equity.
No support. We have no obligation to provide support services for FreeCast, although we may do so in our sole discretion.
Jurisdiction; Venue. You agree that the laws of the State of Florida, United States of America, govern this Agreement and any claim or dispute that you may have against us, without regard to Florida's conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. You further agree that any disputes or claims that you may have against us will be resolved by a court located in the State of Florida, and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
Miscellaneous. (a) This Agreement constitutes the entire agreement between you and us concerning the subject matter of this Agreement, which may only be modified by us. (b) This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods. (c) If any part of this Agreement is held invalid or unenforceable, that part shall be construed to reflect the parties' original intent as nearly as practicable, and the remaining portions remain in full force and effect, or we may at its option instead terminate this Agreement. (d) The controlling language of this Agreement is English. If you have received a translation into another language, it has been provided for your convenience only. (e) A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach thereof. (f) You may not assign or otherwise transfer by operation of law or otherwise this Agreement or any rights or obligations herein. We may assign this Agreement to any entity at its sole discretion. (g) This Agreement shall be binding upon and shall inure to the benefit of the parties, their successors and permitted assigns. (h) Neither party shall be in default or be liable for any delay, failure in performance or interruption of service resulting directly or indirectly from any cause beyond its reasonable control. (i) Sections 7-11, 13, 14 and 17 through 28 shall survive expiration or termination of this Agreement.
We collect several types of information on our Site. We collect “Personal Information”, which generally speaking is information that can be used to identify you individually, such as your name and address. We also collect “Non-personal Information”, which is information about you that does not itself identify you individually. Examples of Non-personal Information include age range and gender. We also collect “Aggregate Information”, which is information about use of our site, such as pages visited on our Site. The information we collect depends on what services you use on our Site.
We may collect information that identifies you personally when you submit comments, questions or suggestions to our Customer Service department.
By accepting these terms and creating an account, you will automatically be signed up to receive our newsletter along with other various emails from FreeCast. As a customer, we wish to keep you informed about new deals, discounts, and new products. To opt-out of our email list, simply click ‘unsubscribe’ at the bottom of any email you receive after you have registered.
We may use, share, disclose, market, or otherwise dispose of Personal Information we collect in the following circumstances:
We may use information about you for our own internal statistical, design, operational purposes such as to estimate our audience size; measure aggregate traffic patterns; and understand demographic, customer interest, purchasing and other trends among our customers. We may also use your Personal Information for the marketing and/or promotion of our products or services. We may outsource all of these tasks to third parties on a confidential basis. If you have received an email from any members of FreeCast, Inc., and you wish to no longer receive emails, please click the unsubscribe link found at the bottom of the email.
We may share this information with certain businesses with whom FreeCast, Inc. has formed a strategic alliance. You may be able to identify these businesses because FreeCast, Inc. has authorized them to display co-branded Web pages or links to FreeCast, Inc. These strategic partners are requested to clearly state their own privacy policies on their own websites or promotional materials.
We may use your Personal Information to create a convenient and easy-to-use shopping process that includes an online “shopping cart” that allows you to track selected products and proceed through purchase. Also we may share transactional information with entities as is necessary to process credit card payments or other purchasing or delivery systems.
We may arrange to have marketing and promotional information of other companies sent to you that we think might be of interest to you.
We may disclose personal information if required to do so by law or in the good-faith belief that such action is necessary to: (a) conform with the law, respond to claims or comply with legal process served on our company or the Site; (b) protect and defend our rights or property, the Site, our employees, customers or the public.
Information collected through our Site is considered a trade secret of FreeCast, Inc. As the owner of such information, we may disclose or sell such information as an asset of the company in conjunction with the sale to a third party of our company or a portion of our assets
Please be aware that we provide links to third-party Web sites as a service to our customers, and that we are not responsible for the content or information collection practices of those pages. Please note that these Web sites’ privacy policies may differ from those of FreeCast, Inc. We encourage you to review and understand their privacy practices before providing them with information.
Our Site is a general audience site that is not designed nor intended to collect Personal Information from children under the age of 13. To respect the privacy of children and to comply with the Children’s Online Privacy Protection Act, children under the age of 13 should not provide any Personal Information on this Site. We ask that parents supervise their children while online.
Immediately after signing up for a FreeCast Free Trial you will see a $1 pre-authorization on the card used to complete your registration. This pre-authorization will not result in an actual charge to your account, and the purpose of it is simply to confirm that the card and account are valid.
You can cancel your FreeCast subscription at any time, however you must cancel your account before it renews for the subsequent month or year in order to avoid any further subscription charges, including billings that may have occurred after any free trial period extended to you in advance.
Once you complete your account cancellation, it will then take effect at the end of the current monthly or annual subscription period, at which point it will expire. Between now and the time your account expires you can continue to utilize the service provided.
If you added any additional Subscriptions through any content providers other than FreeCast, you will need to cancel your subscription directly through that respective provider.
After logging in to your account from a desktop, visit your Account Settings page (Click "Manage" button from the left side menu and then select "Account").
Then click the Edit button (pencil icon) next to "Subscription Details" and click the "x" next to any subscription add-on you wish to cancel.
Refunds will not be provided for any account subscriptions or package/kit purchases. We will not provide refunds, credits or prorated billings for account subscriptions that are canceled in the middle of the subscription period.
In such an event, you will continue to have access to your FreeCast subscription until the end of the monthly or annual billing cycle, at which point it will expire and you will not see any further renewal charges.
NOTICE: Wrongful Credit/Debit Card Payment Disputes Will Be Subject to Collection Fees
FreeCast, Inc. (and/or its website services) makes canceling your membership/service or turning off “automatic renewal / re-billing of your account” very easy, 24 hours a day, 7 days a week. Simply log in, go to the Account Settings page, click “Cancel Account” and/or reach out to a Customer Support representative online.
Wrongful Credit or Debit card bank disputes (also known as chargebacks) due to: (1) wanting to avoid paying for the order in question after service has been rendered; or (2) having forgotten you made the purchase, including recurring annual or monthly re-billing, is not acceptable refund claim as noted in our Terms of Services.
Refund Forms are accepted and Refunds are immediately provided for: (a) fraudulent unauthorized charges due to card theft; or (b) duplicate charge of payment, only.
Banking or Credit Card fees, including the purchase amount charged-back, incurred by FreeCast, Inc. for reasons other than those described in our Terms of Service (TOS) and refund policy/form items (a) (b) listed above, the company will seek reimbursement of all fees including recovery costs from the member subscriber immediately. This may require the engagement of reasonable and customary online collection services and inclusion in “friendly fraud” blacklisted services.
No Warranty. The Software is provided "as is" without warranty of any kind, either express or implied, including without limitation any implied warranties of condition, uninterrupted use, merchantability, fitness for a particular purpose, or non-infringement.
RMA (Return Merchandise Authorization)/Refund forms are provided to customers requesting a refund for their Cord Cutting Package within 30 days of purchase.
A full refund may be issued, including shipping & handling costs, only after all items in the Kit received are returned via mail within 30 days of purchase, undamaged, along with a printed and completed RMA form.
All items must be returned undamaged with a completed refund request form to receive a full refund.
Returned items are to be sent to:
6901 TPC Drive
Orlando, Florida 32822