Terms of use

1. Your Acceptance

Welcome to the webcaStudio Services, a group of services created by Vancast Comunicación on-line,S.l, hereafter Vancast, wich include the webcaStudio Console, the webcaStudio Control Room, the webcaStudio Fine-Tunning-Tool the webcaStudio Dashboard, the webcaStudio Product Site and the Vancast Corporate Website including all its related Websites, Blogs and applications collectively named the webcaStudio Services. Your use of the webcaStudio Services is subject to the following terms and conditions (the ‘terms of service’, and ‘terms’) and to the terms and conditions of Vancast’s privacy notice, which are published at www.webcaStudio.com, and which are incorporated herein by reference.

By using and/or visiting this service or website, and by accessing or using the webcaStudio Services (either through the Vancast.net site, or through all partner sites via an Application Programming Interface, ‘API’, you signify your assent to these terms and conditions. if you do not agree to any of these terms, then please do not use nor subscribe to any of the webcaStudio Services.

2. webcaStudio Services

2.1 Free Services: These include the access to all the contents available in the webcaStudio product website (www.webcaStudio.com)

2.2 Paid Services: include all web services and any related support services that we make available to you for a monthly fee and or a pay per use fee. Our Paid Services include, but are not limited to:
webcaStudio subscription in any of its corporate editions
webcaStudio subscription for distributors
These Terms of Service apply to all users of the webcaStudio Services, including users who are also contributors of any type of content, information, and other materials, skills or services, users who access the Vancast Corporate Website and the webcaStudio Services via partner sites, via an API. The webcaStudio Services may contain links to third party Websites that are not owned or controlled by Vancast. Vancast has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party Websites. In addition, Vancast will not, and cannot, censor or edit the content of any third-party site. By using the Website, you expressly relieve Vancast from any and all liability arising from your use of any third-party Website. Accordingly, we encourage you to be aware when you leave the webcaStudio Services and to read the terms and conditions and privacy policy of each other Website that you visit.

3. webcaStudio Services Access

A. Vancast hereby grants you permission to use the webcaStudio Services as set forth in this Terms of Service, provided that: (i) your use of the webcaStudio Services as permitted is solely for your personal or company needs to communicate using webcasting tools. You can also use the webcaStudio Services for provisioning services to your customers. In these cases you must use a different webcaStudio workspace per client in order to ensure privacy amongst your clients; (ii) you will not copy or distribute any part of the Website in any medium without Vancast’s prior written authorization; (iii) you will not alter or modify any part of the Website, other than as may be reasonable permitted according to the site’s GUI and its purpose; (iv) you have paid the corresponding applicable fees to use the required services and resources for the current period of time and (v) you will otherwise comply with the terms and conditions of these Terms of Service.

B. In order to access some features of the webcaStudio Services, you will have to create an account. You may never use another user’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Vancast immediately of any breach of security or unauthorized use of your account. (Please contact security@vancast.net to report any problems). Although Vancast will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Vancast or others due to such unauthorized use.

C. You agree not to use or launch any automated system, including without limitation, ‘robots,’ ‘spiders,’ ‘offline readers,’ etc., that accesses the webcaStudio Services and Website in a manner that sends more request messages to the Vancast servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Vancast grants the operators of public search engines permission to use spiders to copy materials from the Vancast Corporate site (www.vancast.net) for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Vancast reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the webcaStudio Services and Website, nor to use the communication systems provided by the webcaStudio Services and Website for any commercial solicitation purposes.

4. Terms and Termination

Term: The Vancast Paid Services may have a minimum time commitment of one month. After this initial period expires the term will be automaticaly renewed either on a month to month basis or on a year by year basis, depending on your original purchase, thereafter until it is terminated

Termination by you: Any time after the initial committed period you can cancel your account. Nevertheless Vancast will not make refunds for portions of months. Likewise, the service will be available to you until the end of the current month. You acknowledge that after canceling your account we will definitely destroy any information related to the account stored on our servers.

Termination by Vancast: You agree that Vancast, in its sole discretion, for any or no reason, and without penalty, may suspend or terminate any webcaStudio account you may have and remove and discard all or any part of your account, User profiles, and any Produced Content, at any time. Vancast may also in its sole discretion and at any time discontinue providing access to the webcaStudio Services, or any part thereof (including without limitation all User Submitted Contents), with or without notice. You agree that any termination or suspension of your access to the webcaStudio Services or any account you may have may be effected without prior notice, and you agree that Vancast will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Vancast may have at law or in equity. As discussed herein, Vancast does not permit copyright infringing activities on the webcaStudio Services, and shall be permitted to terminate access to the webcaStudio Services, and remove any User Submitted Contents by users who are found to be repeat infringers. Should Vancast terminate this Agreement for convenience prior to the completion of any particular subscription period, your sole remedy is a pro-rata refund of the purchase price paid for the unavailable service.

5. Service Availability:

Vancast will strive to provide a consistent level of service availability and performance, but will not be liable for failure or delay in performance obligations due to circumstances beyond its control. This includes but is not limited to acts of war, sabotage, fire, flood, strike, unavailability or delay of third party services, including but not limited to the CDN and Cloud Based Services the webcaStudio Services rely on. The Company will not be held liable for any errors, damage, or other unexpected events resulting from the use of the Service

6. Intellectual Property Rights

A. The content on the webcaStudio Services, except all User Submitted Media (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (‘Content’) and the trademarks, service marks and logos contained therein (‘Marks’), are owned by or licensed to Vancast, and is subject to copyright and other intellectual property rights under Spanish, United States and foreign laws and international conventions.

B. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcasted, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Vancast reserves all rights not expressly granted in and to the Website and the Content.

C. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submitted Media of third parties obtained through the Website for any commercial purposes.

D. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein.

E. You agree not to circumvent, disable or otherwise interfere with security related features of the webcaStudio Services or features that prevent or restrict use or copying of any Content or enforce limitations on use of the webcaStudio Services or the Content therein.

7. User Submitted Media

A. The webcaStudio Services permit the submission of video, live or recorded, slideshows, graphics and other forms of media, or other communications submitted by you and other users within your account’s scope (‘User Submitted Media’) and the hosting, sharing, importing, editing, remixing, and/or publishing of such User Submitted Media. You understand that webcaStudio Services provide different mechanisms to either publicly publish these contents or protect them for your intended users. You understand as well that you can change as many times as you want the intended audience of your contents, therefore Vancast DOES NOT GUARANTEE ANY CONFIDENTIALITY with respect to any submissions.

B. You shall be solely responsible for your own User Submitted Media and the consequences of posting or publishing them. In connection with User Submitted Media, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions, patents, trademarks, trade secrets, copyrights or other proprietary rights to use and authorize other users of your account within the webcaStudio Services to include and use your submitted data. in the manner contemplated by the Website and these Terms of Service; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submitted Media to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submitted Media in the manner contemplated by the Website and these Terms of Service.

C. You retain all of your ownership rights in your User Submitted Media.

D. You further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Vancast all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Vancast or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) impersonate another person

E. Vancast does not endorse any User Submitted Media or any opinion, recommendation, or advise expressed therein, and Vancast expressly disclaims any and all liability in connection with User Submitted Media. Vancast does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Vancast will remove all Content and User Submitted Media if properly notified that such Content or User Submitted Media infringes on another’s intellectual property rights. Vancast reserves the right to remove Content and User Submitted Media without prior notice. Vancast will also terminate a User’s access to its Services, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a User Submitted Media removed from the Website more than twice. Vancast also reserves the right to decide whether Content or a User Submitted Media is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Vancast may remove such User Submitted Media and/or terminate a User’s access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.

F. In particular, if you are a copyright owner or an agent thereof and believe that any User Submitted Media or other content infringes upon your copyrights, you may submit a notification by providing our Legal Counsel with the following information in writing:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Vancast’s General Counsel designated to receive notifications of claimed infringement is: Vancast, Attn: General Counsel Vallirana 34-36 Bajos 2ª, e-mail: copyright@vancast.net. For clarity, only copyright notices should go to the General Counsel; any other feedback, comments, requests for technical support, and other communications should be directed to Vancast Customer Service. You acknowledge that if you fail to comply with all of the requirements of this Section 5(F), your notice may not be valid.

G. webcaStudio Services permits you to link to your webcasting contents on the webcaStudio Platform. The webcaStudio Services provide many different ways to allow your intended audience to grant access to your audience. In addition Vancast may provide now or in the future, the ability to access its content or User Submitted Media in a programmatic manner using API and Web services. Use of the Embeddable Player, API, and Web services is provided so long as any links back to the webcaStudio Services are not disabled. Vancast reserves the right to discontinue any aspect of the webcaStudio Services, including streaming of content at any time with prior notice of at least one month time

8. Fees:

8.1. Free Services

In consideration of your use of any of the Paid Services, you agree to pay applicable fees for Paid Services in the amounts set forth on the Plans & Pricing detail pages on the Vancast Corporate Website. You are responsible for any fees assessed by Vancast Payments for transactions that you submit to the Payment Service using Vancast. Fees for any new Service or new Service feature will be effective upon posting by us on the Vancast Website for the applicable Service. We may increase or add new fees for any existing Service or Service feature, or implement a fee for any previously Free Service or Free Service feature, by giving you 30 days’ advance notice. Such notice will be posted on the Vancast Website on the Service detail page for the affected Service. You agree that you are responsible for checking the Vancast Website each month to confirm whether there are any new fees and their effective date(s). All fees payable by you are exclusive of applicable taxes and duties, including, without limitation, VAT and applicable sales tax. You will provide such information to us as reasonably required determining whether we are obligated to collect VAT from you, including without limitation your VAT identification number.

8.2. Paid Services

We may specify the manner in which you will pay any fees, and any such payment shall be subject to our general accounts receivable policies from time to time in effect. All amounts payable by you under this Agreement will be made without setoff or counterclaim and without deduction or withholding. If any deduction or withholding is required by applicable law, you shall notify us and shall pay such additional amounts to us as necessary to ensure that the net amount that we receive, after such deduction and withholding, equals the amount we would have received if no such deduction or withholding had been required. Additionally, you shall provide us with documentation that the withholding and deducted amounts have been paid to the relevant taxing authority.

9. Warranty Disclaimer:

YOU AGREE THAT YOUR USE OF THE webcaStudio Services SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, VANCAST, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE SERVICES AND YOUR USE THEREOF. VANCAST MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITES CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF webcaStudio Services, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR 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 webcaStudio Services. VANCAST DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE webcaStudio Services OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND VANCAST WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

10. Limitation of Liability

IN NO EVENT SHALL VANCAST, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF webcaStudio Services, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE webcaStudio Services, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT VANCAST SHALL NOT BE LIABLE FOR USER SUBMITTED MEDIA OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The webcaStudio Services is controlled and offered by Vancast Comunicacion, on-line,S.L a Spanish firm from its facilities located in Spain and other countries in the world. Vancast makes no representations that the webcaStudio Services is appropriate or available for use in other locations. Those who access or use the webcaStudio Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.

11. Indemnity

You agree to defend, indemnify and hold harmless Vancast, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the webcaStudio Services; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submitted Media caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the webcaStudio Services.

12. Ability to Accept Terms of Service

You affirm that you are either more than 18 years of age, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.

13. Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Vancast without restriction

14. General

You agree that: (i) the webcaStudio Services shall be deemed solely based in Barcelona, Spain; and (ii) the webcaStudio Services shall be deemed a passive Website that does not give rise to personal jurisdiction over Vancast, either specific or general, in jurisdictions other than Barcelona. These Terms of Service shall be governed by the internal substantive laws of Spain, without respect to its conflict of laws principles. Any claim or dispute between you and Vancast that arises in whole or in part from the webcaStudio Services shall be decided exclusively by a court of competent jurisdiction located in Barcelona. These Terms of Service, together with the Privacy Notice at www.webcaStudio/privacy and any other legal notices published by Vancast on the Website, shall constitute the entire agreement between you and Vancast concerning the webcaStudio Services. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Vancast’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Vancast reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the webcaStudio Services following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND VANCAST AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE webcaStudio Services MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.