Sellcast Terms of Service AgreementLast Updated on September 15th, 2017
Eercast Inc., the parent company for SellCast, is a company which provides video streaming, communication, and online marketplace services to users. We are located at 305 Pony Tail Rd Alpharetta, GA 30004.
These Terms govern your access to and use of our Services and any video, information, text, or other materials and data uploaded, downloaded or appearing on our Services.
Additionally, these Terms govern the use, rights, and obligations attached to any service provided by us in our Services.
By downloading, installing, or using our Services, you agree to these to these Terms of Service. Please read them carefully. If you do not agree to the Terms, you must stop using the Services and delete your account.
We reserve the right to modify these Terms without prior notice, but upon such modification, you will be notified. Your continued use of the Service constitutes acceptance of these Terms. Violation of any Terms may result in termination of your account. Questions about these Terms may be sent to firstname.lastname@example.org.
a. We do not knowingly collect or solicit personal information from any person under the age of 18 or knowingly allow such persons to register for the Services. No person under the age of 18 will register for the Services or send any personal information to us. If we learn we have collected personal information from any person under the age of 18 without verification of parental consent, we will delete such information as quickly as reasonably possible. If you believe that we might have any information from or about any child under 18, you may inform us by email at the following address: email@example.com.
b. You represent and warrant to us that:
i. You are acting either as an individual or as an authorized agent of a business entity, and are competent to form a binding contract, and are at least 18 years of age or older;
ii. All information you submit to us is accurate and truthful to the best of your knowledge;
iii. You will maintain the accuracy of such information; and
iv. You are legally permitted to use and access the Services and take full responsibility for the selection and use of and access to the Services.
c. Each person or organization may only create one account for use of the Services.
d. We may prohibit any user from using the Service in our sole discretion for any reason, and will not be liable for any damage or loss resulting from such prohibition.
e. These Terms are void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.
f. You are responsible for using the Services. You should only provide data that you are comfortable sharing with us under these Terms.
g. You may use the Services only upon the formation of an account with us, provided you are not barred from receiving the Services under the laws of the United States or other applicable jurisdictions. If you are accepting these Terms and using the Services on behalf of a company, organization, government or legal entity, you represent and warrant that such company, organization, government or legal entity has authorized you to do so. You may use the Services only in compliance with these Terms and all applicable local, state, national and international laws, rules and regulations.
h. The form and nature of the Services that we provide may change from time to time without prior notice. We may stop (either permanently or temporarily) providing the Services (or any features within the Services) to you and may not be able to provide you with prior notice. We also retain the right to create limits on use at our sole discretion without prior notice to you.
i. If you list an item for sale using the Service, you understand and agree that we are not involved in the actual Purchase Agreement, and are therefore not liable for the quality and fulfillment of the Purchase Agreement between the Seller and the Buyer. In particular, we are not liable for:
i. Delivery of the item(s) that are sold;
ii. Payment of the purchase price from the Buyer to the Seller;
iii. Accuracy of the sold products with the product description in the SellCast app;
iv. Quality of the products for their intended use and being free from any defects;
and you agree that:
i. You are solely responsible for the accuracy of the listing and the quality of the item offered;
ii. Exact listing durations are not guaranteed by SellCast;
iii. Listings in violation of these Terms or of any of our policies may be deleted in our sole discretion; and
iv. SellCast is not responsible for effecting the transfer of legal title or possession of any item purchased.
j. If you purchase an item listed on the Services, you understand and agree that you are entering into a legally binding contract with the selling user. You are obligated to consummate the purchase once agreement is manifested via the Services and accepted by the selling user. You are solely responsible for reading the full item listing before agreeing to purchase the item.
k. All payments made under the provisions of the Purchase Agreement must be made using only the payment system provided in the SellCast App (currently PayPal).
l. Sellers and Buyers are prohibited from making direct arrangements to circumvent the features provided by the SellCast App.
m. We reserve the right (but will have no obligation) to remove or refuse to distribute any information on the Services and to suspend or terminate users or reclaim usernames without incurring liability to any user. In the event of a suspected violation, we may investigate and/or take legal action as necessary, including without limitation, cooperating with and assisting law enforcement or government agencies in any resulting investigations of illegal content.
2. Payment and Billing. SellCast offers a platform for crowdfunding and the listing of and sale of goods between users. We use PayPal for payment processing services, and we do not retain your bank or credit card details, but we may store your PayPal login details to allow your account to link with our services. We are not responsible for the loss of user data. By signing up for a Service and providing a Payment Method or account transfer information, you authorize us to charge you a fee or credit you, as context requires, for such Service at the then current rate. We do not store any payment information on our servers. Terms of payment are as follows:
a. Fee Tiers. The respective fees due and owing for a particular sale shall be calculated per listing according to the following basis:
i. For sales of up to twenty-thousand dollars ($20,000), you will owe a fee in the amount of 4.99% of the final sale price or $599, whichever amount is lower;
ii. For sales between twenty-thousand and one dollars ($20,001) and twenty-five thousand dollars ($25,000), you will owe a fee of six hundred fifty dollars ($650);
iii. For sales between fifty thousand and one dollars ($50,001) and one hundred thousand dollars ($100,000), you will owe a fee of seven hundred and ninety- five dollars ($795);
iv. For sales between one hundred thousand and one dollars ($100,001), and two hundred and fifty thousand dollars ($250,000), you will owe a fee of one thousand, four hundred and ninety-five dollars ($1,495);
v. For sales between two hundred fifty thousand and one dollars ($250,001) and five hundred thousand dollars ($500,000), you will owe a fee of two thousand, nine hundred ninety-five thousand dollars ($2,995);
vi. For sales between five hundred thousand and one dollars ($500,001), and seven hundred fifty-thousand dollars ($750,000), you will owe a fee of three thousand, nine hundred and ninety-five dollars ($3,995);
vii.For sales between seven hundred fifty thousand and one dollars ($750,001) and one million dollars ($1 million), you will owe a fee of four thousand, nine hundred and ninety-five dollars ($4,995);
viii.For sales in excess of one million dollars, you will owe a fee of seven thousand, nine hundred and ninety-five dollars ($7,995); and
ix. For crowdfunding streams, we take a 7% fee from the gross amount of all donations.
b. PAYMENTS ARE DUE AND PAYABLE ONCE A CROWDFUNDING STREAM OR LISTING IS CLOSED AND THE SALE OR DONATION IS CONSUMMATED. ONCE A TRANSFER OF POSSESSION OF A SOLD ITEM BEGINS, WE ARE NOT RESPONSIBLE FOR FACILITATING ANY REFUND.
d. If your payment method fails or your account is past due, we may collect fees owed, including late fees, by charging your PayPal account, retain collection agencies and legal counsel, and, for accounts over one hundred and eighty (180) days past due, request that PayPal deduct the amount owed from your PayPal account balance.
4. Password. You are responsible for safeguarding the password or credentials that you use to access the Services and for any activities or actions under your account. You are expressly required, as a condition for use of the Services, to use passwords containing a combination of upper and lowercase letters, numbers and symbols with your account and with other accounts that you may connect to your account. If you forget your password, you may use the account password retrieval functionality to retrieve it.
5. Prohibited Use.
a. You may not use the Services to aid in the purposes of any harassment or abuse.
b. You may not use the Services in to aid in the dissemination of any defamatory or libelous material.
c. You may not use the Services to circumvent any local, state or federal law.
d. You may not use the Services to list for sale any of the following items:
i. Any item which would be illegal to list for sale in any state or federal jurisdiction;
ii. Firearms, ammunition or destructive devices, as defined in the United States Code;
iii. Any items which are, in our sole discretion, pornographic, obscene, or overtly sexual in nature;
iv. Animals and wildlife products;
vi. Lottery tickets or other gambling material; and
vii.Any controlled substance;
e. You may not use the Services to transmit, disseminate or otherwise violate any information belonging to SellCast or any third party that is either confidential or otherwise protected.
f. You may not use the Services in any way to infringe any copyright, trademark, patent, trade secret, or any other intellectual property rights of others. You represent and warrant that you hold an unencumbered title, or are acting on behalf of and with express authorization from a party holding an uncambered title, to any product or service that you advertise, sell, or offer for sale using our Services. You represent and warrant that, to the best of your knowledge, any product that you advertise, sell, or offer for sale using our Services does not infringe any copyright, trademark, patent, trade secret, or any other intellectual property right of another party. You represent and warrant, that Your Content is not restricted by any third-party rights. You further represent and warrant that you own the copyright to Your Content and that Your Content does not infringe any copyright, trademark, or trade secret rights of any third party. You must not upload Your Content if it infringes any third party rights. We shall not be held liable for any legal disputes and/or damages resulting from or arising out of a violation of our Terms of Service. You are solely responsible and liable for any criminal and/or civil penalties or damages arising in connection with Your Content. Under the protection of Section 230 of the Communications Decency Act of 1996 (a common name for Title V of the Telecommunications Act of 1996), codified as 47 U.S.C. § 230, “[n]o provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.” Eercast Inc. honors the requirements set forth in the Digital Millennium Copyright Act. We therefore take reasonable steps to expeditiously remove from our Services any infringing material that we become aware of. And if Eercast Inc. becomes aware that one of its users has repeatedly infringed copyrights, we will take reasonable steps within our power to terminate the user’s account.
g. You may not circumvent, disable, or otherwise interfere with the security related features.
h. You may not upload any content containing spam. For the purposes of this section, spam shall include any material intended to install malware or phishing for the personal details or account credentials of others, as well as the intentional creation of multiple accounts, and the creation of misleading sales listings with the intent to defraud, mislead or harm other users.
i. You may not stream or upload any content containing any (i) drugs or drug paraphernalia, (ii) pornography or any content that is obscene or overtly sexual, (iii) racist or inflammatory subject material, (iv) private or personal information, (v) threats of any sort, or (vi) bodily harm or self-injury to any part of the service.
j. You may not participate in or encourage any anti-competitive actions, including progressive user canvassing, chain, snowball, or pyramid selling schemes.
k. While accessing the Services, you may not (i) access, tamper with, or use non-public areas of the Services, our computer systems, or the technical delivery systems of our providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) 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 us (and only under those terms and conditions), unless you have been allowed to do so in a separate agreement with SellCast; (iv) forge any TCP/IP packet header or any part of any part of the header information in any email or posting, or use the Services to send altered, deceptive or false source-identifying information; (v) 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; (vi) use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Services or to extract data; or (vii) reverse engineer any aspect of the Services or do anything that might discover source code or bypass or circumvent measures employment to prevent or limit access to any area, content or code of the Services.
6. Community Guidelines & Safety for User Generated Content.
a. SellCast is about connecting buyers, sellers, crowdfunders, and streamers. Our goal in creating these Guidelines is to balance the need for SellCaster’s to be able to use our services safely and enjoyably. SellCast has a ZERO TOLERANCE policy for objectionable content or abusive users. If we feel that you have violated these guidelines or any provisions of these Terms of Service, we will terminate your account and block you from further use of SellCast indefinitely.
b. We have made it easy for our users to make us aware of any objections content or abusive users and We will act on objectionable content reports within 24 hours by removing the content and ejecting the user who provided the offending content. To assist in this process we have implemented the following:
i. The ability to filter objectionable content
ii. The ability for users to flag objectionable content
iii. The ability for users to block abusive users
Here are some important guidelines for using SellCast;
i. Adult Content
• We prohibit accounts that promote or distribute pornographic content.
• Breastfeeding and other depictions of nudity in non-sexual contexts are okay.
ii. Nudity or Sexually Suggestive Content Involving Minors
• Never post, save, or send nude or sexual content involving people under the age of 18 — even of yourself.
• This includes adding drawings or captions to a stream to make it sexual, even as a joke.
iv. Illegal Content
• Don’t use SellCast for any illegal activities.
v. Invasions of Privacy
• Don't take pictures or videos of people in private spaces, such as but not limited to a home, bathroom, dressing room, or locker room, without their knowledge and consent.
• If someone is in your video and asks you to remove it, please do immediately.
vi. Threats & Violence
• Never threaten to harm a person, group of people, or property.
• Don't post videos or pictures of violence.
vii. Harassment & Bullying
• We don’t tolerate bullying or harassment on SellCast.
• If someone blocks you, it is not okay to contact them from another SellCast account.
• Do not pretend to be someone you’re not — including your friends, celebrities, brands, or other organizations.
ix. Hate Speech
• Don't post content that demeans, defames, or promotes discrimination on the basis of race, ethnicity, national origin, religion, sexual orientation, gender, disability, or veteran status.
• We prohibit content that promotes terrorism.
• We have zero tolerance for spam.
If you violate these Guidelines, we may remove the offending content, terminate your account, or notify law enforcement. If your account is terminated for violating our Terms of Service or these Guidelines, you may not use SellCast again.
12. User Submissions.
a. Any data of any sort communicated, streamed, or posted to Service by users belongs to Us.
b. You agree that any feedback, suggestions, ideas, or other information or materials regarding SellCast or the Services that you provide, whether by email or otherwise, are non-confidential and will become our sole property. We will be entitled to any unrestricted use and dissemination of such feedback for any purpose, commercial or otherwise, without your acknowledgment or compensation. You waive any rights that you may have to the feedback, to include copyrights or moral rights.
d. The submission of User data on the Service is entirely voluntary, non-confidential, gratuitous, and non-committal. You acknowledge that they have read, understand, and agree to the terms enumerated in this Section, and you further agree that such terms will apply to any additional material previously or later submitted:
i. You irrevocably release and forever discharge us and our affiliates and subsidiaries (together, the “Released Parties”), from all actions, causes of actions whether in law or equity, claims, damages, liabilities and demands, whether absolute or contingent and of any nature whatsoever which you now have or hereafter can, will, or may have against the Released Parties or their respecting successors and assigns regarding the data you provide to us.
ii. You are responsible for your use of the Services and for any Content you provide, including compliance with applicable laws, rules, and regulations. You should only provide Content that you are comfortable sharing with others.
iii. All Content 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.
iv. We respect the intellectual property rights of others and expect users of the Services to do the same. We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you.
13. Restrictions. Except as specifically granted in these Terms or in other agreements, we retain all right, title, and interest in the Services. These Terms do not transfer ownership rights of any description in the Services to you or to any third party. You will not modify, reverse engineer, or decompile any component software of the Service, or create derivative works thereof. You will not provide access to Services to any persons or entities other than your employees, agents, consultants, or contractors, where permitted. You will maintain all copyright and trademark notices as provided by us, and upon our request and, at your cost, will take any and all reasonable steps to protect our intellectual property rights.
14. Intellectual Property Ownership and Data Security.
a. SellCast Content. We own intellectual property rights to any protectable part of the Service, including but not limited to the design, artwork, images, code, icons, photographs, functionality, source code, audio and video recordings, and documentation (“Our Content”). You may not copy, reproduce, republish, frame, download, transmit, display, modify, license, sublicense, loan, lease, reverse engineer, or exploit, in whole or in part, any part of the Service that we own.
b. Other Protected Material. SellCast will respond to all allegations of intellectual property infringement that are reported to us. To report any violation of the intellectual property rights of yourself, SellCast, or any third party, please send an email to firstname.lastname@example.org.
15. Termination of Use.
b. While we’re not required to do so, we may access, review, screen, and delete your content at any time and for any reason, including if we think your content violates these Terms. You alone, though, remain responsible for the content you create, upload, post, send, or store through the Service.
c. Any fees you pay are non-refundable. Upon termination of your account, your right to use the Services will immediately cease. All provisions of these Terms which, by their nature, should survive termination, will survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
16. Disclaimer Respecting Users. UNLESS EXPRESSLY SET FORTH IN THESE TERMS, WE MAKE NO WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO ANY MATTER, INCLUDING WITHOUT LIMITATION THE PERFORMANCE OF ANY PARTY AND OTHER SERVICES, AND EXPRESSLY DISCLAIM THE IMPLIED WARRANTIES OR CONDITIONS OF NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE FOR THE SAME. WE DO NOT WARRANT THE RESULTS OF THE USE OF THE SERVICE, AND YOU ASSUME ALL RISKS AND RESPONSIBILITY WITH RESPECT THERETO. SELLCAST EXPRESSLY DISCLAIMS ANY LIABILITY WITH RESPECT TO ANY NEGLIGENCE, RECKLESSNESS OR CRIMINAL CONDUCT ON THE PART OF ANY USER OR THIRD PARTY. IN NO CASE SHALL ANY USER OR THIRD PARTY BE CONSIDERED THE AGENT OR AN EMPLOYEE OF THE SELLCAST. WE MAKE NO WARRANTY, PROMISE OR REPRESENTATION WITH RESPECT TO THE QUALIFICATIONS OR EXPERIENCE OF ANY USER OR THIRD PARTY, NOR DO WE UNDERTAKE ANY OBLIGATION TO VERIFY THE PURPORTED QUALIFICATIONS OR EXPERIENCE OF ANY USER OR THIRD PARTY AS PROVIDED BY THE SAME. IN NO CASE SHALL SELLCAST BE RESPONSIBLE FOR PROVIDING TO ANY USER OR THIRD PARTY ANY W-2 OR RELATED TAX DOCUMENTS. EACH USER OR THIRD PARTY SHALL BE SOLELY RESPONSIBLE FOR HIS OR HER INDIVIDUAL TAX MATTERS, INCLUDING ANY APPLICABLE SALES AND OTHER TAXES AND REPORTING.
17. Disclaimer Respecting the Service. THE WARRANTIES SET FORTH IN THESE TERMS ARE IN LIEU OF, AND EXPRESSLY EXCLUDE, ALL OTHER WARRANTIES. EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING, WITHOUT LIMITATION (a) ANY WARRANTY THAT THE SERVICES WILL OPERATE WITHOUT INTERRUPTION OR IS COMPATIBLE WITH ALL EQUIPMENT AND SOFTWARE CONFIGURATIONS; (b) ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY; AND (c) ANY AND ALL WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE.
18. Limitation on Liability.
a. TO THE EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SYSTEM FAILURE OR NETWORK OUTAGE, WILL SELLCAST OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES THAT RESULT FROM THESE TERMS, EVEN IF THE DAMAGED PARTY OR ITS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
b. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL SELLCAST’S OR ITS AFFILIATES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT (WHETHER IN CONTRACT OR TORT, INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE) EXCEED THE AMOUNTS PAID BY YOU TO SELLCAST HEREUNDER.
c. TO THE EXTENT PERMITTED BY LAW, WE WILL IN NO CASE BE LIABLE FOR ANY DAMAGES ARISING FROM YOUR FAILURE TO ABIDE BY THESE TERMS.
d. If anyone brings a claim against us related to your actions, content or information on SELLCAST, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users' actions on SELLCAST and are not responsible for the content or information users transmit or share on SELLCAST. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on SELLCAST. We are not responsible for the conduct, whether online or offline, of any user of SELLCAST.
19. Remedies for Breach of Warranty. In the event of any breach of the warranties set forth in these Terms, we will promptly re-perform the non-conforming Services, as applicable, such that the non-conforming service conforms with the requirements of these Terms. If we are unable to re-perform the Service within thirty (30) days of notification of a defect, you may terminate your obligations under these Terms and we will refund any fees paid by you pursuant to any agreement to pay such fees.
20. Indemnification. By agreeing to these Terms, you agree to indemnify, defend, and hold harmless SellCast, our directors, officers, managing members, shareholders, employees, affiliates, licensors, and suppliers from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to (a) use of the Service; (b) violating these Terms; or (c) violating the rights of another.
21. User Services Available “AS-IS”
a. Your access to and use of the Services or is 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, WE DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
b. We make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services; (ii) any harm to your computer system, loss of data, or other harm that results from access to or use of the Services; (iii) the deletion of, or failing to store or to transmit, any content and other communication maintained by the Services; or (iv) 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 us or through the Services will create any warranty NOT expressly made herein.
a. Our failure to enforce or exercise any right provided in these Terms will not be construed as a waiver of such right.
b. In the event any provision of these Terms be found invalid or unenforceable, the remaining Terms will remain in effect.
c. Any dispute between you and SellCast will be governed by these Terms and the laws of the State of Georgia without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction.
d. You agree that any claim or dispute you may have against SellCast must be resolved by a federal or a state court located in the State of the Georgia, except as otherwise agreed by the parties. You agree to submit to the personal jurisdiction of the courts located within the State of Georgia for the purpose of litigating all such claims or disputes.
e. These Terms constitute the entire agreement between you and SellCast, and supersedes all previous agreements between you and SellCast regarding the subject matter covered.
f. We may modify these Terms as necessary to reflect updates to the Service, or changes in the law. We will post any such modifications to these terms on this page. If you do not agree with or accept such changes, you should discontinue use of the Service. A push notification will be sent if the terms are modified.
g. These Terms create a binding agreement between you and SellCast. Such Terms create no third-party beneficiary rights.
h. Our waiver of any remedy for a breach of these Terms will not constitute such waiver in the future.