This Agreement was last modified on July 27th, 2020.
VOUSCAST Media Platform IS A G & D ENTERPRISES INC SERVICE
Registered in the United States
Please read these Terms and Conditions (“Agreement”, “Terms and Conditions”) carefully before using the services provided at http://vousstream.com (“the Site”) operated by G & D Enterprises Inc. (“us”, “we”, or “our”). This Agreement sets forth the legally binding terms and conditions for your use of the Site at http://vousstream.com. By accessing or using the Site in any way, including, but not limited to, visiting or browsing the Site or contributing content or other materials to the Site, you agree to be bound by these Terms and Conditions. Capitalized terms are defined in this Agreement.
This Site and its original content, features and functionality are owned by G & D Enterprises Inc. and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. Governing Law This Agreement (and any further rules, policies, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of United States, without giving effect to any principles of conflicts of law. Changes To This Agreement We reserve the right, at our sole discretion, to modify or replace these Terms and Conditions by posting the updated terms on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms and Conditions. Please review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Site or discontinue any use of the Site immediately.
Vouscast Media Platform accessed on http://vousstream.com agrees to provide the services stated for the price agreed at any given time. The price posted for each package is the price you pay, we have no hidden fees or overage costs, if our prices change for any reason the new price only affects new customers who signup after the price change.
All customers are responsible for monitoring their AutoDJ space (if applicable) and maximum bit rate you’re allowed to stream at.
Customers who go over the limit of their account will be notified via email with the option to either upgrade their account or limit data transfer or reduce storage used or streaming bit rate.
We reserve the right to suspend or cancel accounts for continuous violations of any limits that apply to the specific account.
All accounts are set up on a pre-pay basis, payments are processed securely via SSL Upon payment completion. We’ll configure your server within an 1 and notify you via the email you used to subscribe.
Subscriptions always renew on the same as the day each month (the anniversary of the date you subscribed).
If payment is not received within 7 days a $5 late fee maybe applied to your next invoice.
Any account not brought current within a week (7 days) of e-mail notice or exceeding this time frame in any way is subject to suspension.
YOU are responsible for all fees owed on the account from the time it was established to the time that YOU notify Vouscast.com you want to cancel your services. (To manage your account anytime access the client area to upgrade, downgrade or cancel).
Vouscast.com reserves the right to change its prices at any time without prior notice.
Our websites currency is USD all others will be converted by the payment processor.
YOUR particular billing cycle corresponds to the billing cycle (monthly) you initially chose at subscribed.
YOUR account will automatically renew at the end of this period unless cancelled before.
There is no fee to cancel any account, however Vouscast.com can not refund any payments made before cancellation.
All payments are non refundable once you’ve used our services for at least 24 hours with no significant problems.
Accounts in violation of our terms of service/acceptable usage policy are subject to termination without notice or refund.
Money Back Guarantee
You are entitled to a full refund if you cancel within 24 hours for the following reasons.
- You must cancel within 24 hours signing up for our services
- We fail to provide the service you paid for
Any promotions and specials are excluded from our 24 Hours money back guarantee.
- 30 days if you’re not satisfied with the service we’ve provided.
Cancellation and Early Termination
Since there is no contract customers can cancel anytime, if you pay your renewal and then cancel there will be no refund.
Any attempt to compromise or undermine a server or customer of Vouscast.com is strictly prohibited.
Vouscast.com takes our customers rights serious and will protect their privacy attempts to use an account or computer without the owner’s authorization is illegal in all jurisdictions. Such attempts include “phishing” (tricking other people into giving up private information), like passwords and payment information, security hole scanning, etc.
Any unauthorized use of accounts or computers by YOU, whether or not the attacked account or Server belongs to Vouscast.com, will result in action against you.
Possible actions include warnings, account suspension or cancellation, as well as civil or criminal legal action, depending on the seriousness of the attack.
All streaming services purchased from Vouscast is limited in a bit rate (X KBPS). If you choose to stream above the purchased bit rate on any server, we will may suspend or terminate your account without warning,explanation or refund.
*IMPORTANT NOTE – Vouscast.com has the right to discontinue service, or deny access to anyone who violates our policies or the terms and conditions shown below WITHOUT WARNING or PRIOR NOTICE.
Disk Space Abuse
Vouscast.com will be the sole arbiter as to what constitutes a violation of this provision.
You are responsible for monitoring your disk space and bandwidth usage.
If you need extra disk space contact us our staff will help.
You can also upgrade your hosting plan from inside your Vouscast.com client area.
The server will only play mp3 files , please don’t attempt to upload other file types, outrageous attempts will result in account termination, sorry no exceptions of warnings.
Customers agree to use our services under the Acceptable Usage Policy which is here by incorporated with this agreement.
Customers agree that Vouscast.com hold the right to change their AUP at any time to meet stream hosting standards and laws.
Amendments to the AUP are effective as soon as Vouscast.com notifies Customers that an amendment has been made, or the first day of any Renewal Term which begins subsequent to the amendment.
Customers agree to cooperate with Vouscast.com reasonable investigation of any suspected violation of the AUP.
In the event of a dispute between Vouscast.com and Customer regarding the interpretation of the AUP, Vouscast.com reasonable interpretation of the AUP takes priority.
Customer represents and warrants to Vouscast.com that the information he/she or organization has provided and will provide to Vouscast.com for purposes of establishing and maintaining the service is accurate.
If Customer is an individual, Customer represents and warrants to Vouscast.com that he or she is at least 18 years of age.
Vouscast.com may rely on the instructions of the person listed as the Primary Customer Contact on the Order with regard to Customer’s account until Customer has provided a written notice changing the Primary Customer Contact.
TECHNICAL SUPPORT BOUNDARIES
Vouscast.com provides technical support for YOU for the following:
Troubleshooting, and debugging of our control panel interface, servers within our immediate responsibility and any other streaming hosting related issues.
We may help with web players, Vouscast.com is not obligated to help you with any other issues related to our streaming servers scripts for any errors produced that have been previously modified by you.
Customer agrees to indemnify and hold harmless Vouscast.com, Vouscast Media Platform’s parent company, partners, affiliates, and each of their respective officers, directors, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorneys fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of Customer’s services in violation of applicable law or the AUP by Customer or any person using Customer’s log on information, regardless of whether such person has been authorized to use the services by Customer. You AGREE TO DEFEND,INDEMNIFY AND HOLD HARMLESS Vouscast.com (Vouscast Media Platform) AGAINST LIABILITIES ARISING OF:
(1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH Vouscast.com’s SERVER.
(2) ANY MATERIAL SUPPLIED BY THE CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY
(3) COPYRIGHT INFRINGEMENT AND
(4) ANY DEFECTIVE PRODUCTS SOLD TO CUSTOMER FROM Vouscast.com’s SERVER.
Disclaimer of Warranties
Vouscast.com does not warrant or represent that the services will be uninterrupted, error free, or completely secure.
To the extent permitted by applicable law Vouscast.com disclaims any and all warranties including the implied warranties or merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by applicable law all services are provided on an “As Is” basis.
Limitation of Damages
Neither party shall be liable to the other for any lost profits or any indirect, special incidental, consequential or punitive loss or damage of any kind, or for damages that could have been avoided by the use of reasonable diligence, arising in connection with the agreement, even if the party has been advised or should be aware of the possibility of such damages.
Notwithstanding anything else in the agreement to the contrary, the maximum aggregate liability of Vouscast.com and any of its employees, agents or affiliates, under any theory of the law (including breach of contract, tort, strict liability and infringement) shall be a payment of money not to exceed the amount payable by customer for the three months service.
Suspension of Services/Termination
Customer agrees that Vouscast.com may suspend services to Customer without notice and without liability if: (i) Vouscast.com reasonably believes that the services are being used in violation of the AUP; (ii) Customer fails to cooperate with any reasonable investigation of any suspected violation of the AUP; (iii) Vouscast.com reasonably believes that the suspension of service is necessary to protect its network or its other customers, or (iv) as requested by a law enforcement or regulatory agency.
Customer shall pay Vouscast.com reasonable reinstatement fee if service is Vouscast.com following a suspension of service under this subsection.
The Agreement may be terminated by Customer prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability if Vouscast.com fails in a material way to provide the service in accordance with the terms of the Agreement and does not cure the failure within ten (10) days of Customer’s written notice describing the failure in reasonable detail.
The Agreement may be terminated by Vouscast.com prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability as follows: (i) upon five (5) days notice if Customer is overdue on the payment of any amount due under the Agreement; (ii) Customer materially violates any other provision of the Agreement, including the AUP, and fails to cure the violation within thirty (30) days of a written notice from Vouscast.com describing the violation in reasonable detail; (iii) upon one (1) days notice if Customer’s Service is used in violation of a material term of the AUP more than once, or (iv) upon one (1) days notice if Customer violates Section 5 (Customer Information) of this Agreement.
Either party may terminate this agreement upon five (5) days advance notice if the other party admits insolvency, makes an assignment for the benefit of its creditors, files for bankruptcy or similar protection, is unable to pay debts as they become due, has a trustee or receiver appointed over all or a substantial portion of its assets, or enters into an agreement for the extension or readjustment of all or substantially all of its obligations.
If you break our terms of service/acceptable usage policy we hold the right to cancel any services. We will never cancel any services without trying our best to resolve the problem with you.
However in extreme cases such as an account constantly violating copyright laws in any jurisdiction we hold the reverse the right to cancel services without any prior warning.
We do not refund any accounts breaking our terms of service/acceptable usage policy.
For example if we cancel your hosting account during your first month for breaching copyright, we will not refund you for the first month.
Customer agrees that Vouscast.com may, without notice to Customer, (i) report to the appropriate authorities any conduct by Customer or any of Customer’s representative or end users that Vouscast.com believes violates applicable law, and (ii) provide any information that it has about Customer or any of its customers or end users in response to a formal or informal request from a law enforcement or regulatory agency or in response to a formal request in a civil action that on its face meets the requirements for such a request.
Back Up Copy
Customer agrees to maintain their own current copy of all music stored on the server. We do not provide back up services.
Changes To Vouscast.com’s Network
Upgrades and other changes in Vouscast.com’s network, including, but not limited to changes in its software, hardware, and service providers, may affect the display or operation of Customer’s hosted content and/or applications. Vouscast.com reserves the right to change its network in its commercially reasonable discretion, and Vouscast.com shall not be liable for any resulting harm to Customer.
Notices to Vouscast.com under the Agreement shall be given via e-mail to address posted for customer support or our ticketing system for technical support.
Notices to Customer shall be given via email to the individual listed as the Primary Customer Contact on the Order.
Notices are deemed received on the day transmitted, or if that day is not a business day, on the next business day. Customer may change his/her or business notice address at anytime.
Vouscast.com shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond Vouscast.com’s control, including, but not limited to, significant power failure, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.
This Agreement (and any further rules, polices, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of the state of Delaware in the United States of America, without giving effect to any principles of conflicts of law.
Each party acknowledges and agrees that the other party retains exclusive ownership and rights in its trademarks, service marks, trade secrets, inventions, copyrights, and other intellectual property.
Neither party may use the other party’s name or trade mark without the other party’s prior written consent.
The parties intend for their relationship to be that of independent contractors and not a partnership, joint venture, or employer/employee.
Neither party will represent itself to be agent of the other. Each party acknowledges that it has no power or authority to bind the other on any agreement and that it will not represent to any person that it has such power or authority.
This Agreement may be amended only by a formal written agreement signed by both parties. The terms on Customer’s purchase order or other business forms are not binding on Vouscast.com unless they are expressly incorporated into a formal written agreement signed by both parties.
A party’s failure or delay in enforcing any provision of the Agreement will not be deemed a waiver of that party’s rights with respect to that provision or any other provision of the Agreement. A party’s waiver of any of its right under the Agreement is not a waiver of any of its other rights with respect to a prior, contemporaneous or future occurrence, whether similar in nature or not.
The captions in the Agreement are not part of the Agreement, but are for the convenience of the parties. The following provisions will survive expiration or termination of the Agreement: Fees, indemnity obligations, provisions limiting liability and disclaiming warranties, provisions regarding ownership of intellectual property, these miscellaneous provisions, and other provisions that by their nature are intended to survive termination of the Agreement.
There are no third party beneficiaries to the Agreement. Neither insurers nor the customers of representatives are third party beneficiaries to the Agreement.
Customer may not transfer the Agreement without Vouscast.com’s prior written consent. Vouscast.com’s approval for assignment is contingent on the assignee meeting Vouscast.com’s credit approval requirements. Vouscast.com may assign the Agreement in whole or in part.
This Agreement together with the Order and AUP constitutes the complete and exclusive agreement between the parties regarding its subject matter and supersedes and replace any prior understanding or communication, written or oral.
It is your responsibility to make sure you only stream audio you have a legal right to perform publicly by obtaining the appropriate licenses.
Vouscast.com will in no way be held liable or responsible for any violations of copyright law by broadcasters.
Should we be notified of such violations YOUR account, any Mp3 files stored will be subjected to deletion.
CANCELATION OF SERVICE
Vouscast.com reserves the right to cancel a service at any time.
All fees paid in advance of cancellation will be not Refundable ,if we institutes our right of cancellation. Any violation of policies which results in extra costs billed to you.
PROMOTIONAL RATES & SPECIAL OFFERS Vouscast.com may offer subsequent promotional rates or special offers, the terms of which may or may not be more favorable than the terms and conditions for YOUR Services.
Any such promotions or modifications shall not effect your obligations under this Agreement.
Promotional fees may be subject to additional terms and conditions which, to the extent they conflict with the terms of this Agreement, shall govern. Different promotional fees and special offers may not be combined together.
INTELLECTUAL PROPERTY RIGHTS
Media streamed by you through Vouscast.com’s services may be subject to protection under the United States or international copyright laws, or laws protecting trademarks.
Except when expressly permitted by the owner of such rights, YOU must not use Vouscast.com or its servers and network to publicly distribute in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material that you access or receive through the Vouscast.com network.
If you use a domain name in connection with Vouscast.com or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.
Customers may not use the Vouscast.com network with an attempt to circumvent user authentication or security of any host, network, or account.
This includes, but is not limited to, accessing data not intended for you, logging into a server or account you are not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization’s security policy.
You may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, bandwidth hogging, space overage or other deliberate attempts to overload or crash a host or network.
Vouscast.com will cooperate fully with investigations for violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.
Users who violate system or network security may incur criminal or civil penalties.
Vouscast.com reserves the right to refuse service to anyone. you may only use Vouscast.com server for lawful purposes and our services may not be used for illegal purposes or in support of illegal activities. We reserve the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.
If something is not legal in United States, it is not permitted to reside or stream through our servers. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited.
This includes but not limiting material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.
Examples of non-acceptable content or links: “illegal music downloads.” The designation of any materials as such described above is left entirely to the discretion of Vouscast.com management.
If illegal content or usage is found, the account will be suspended and/or terminated. You agree that Vouscast.com may disclose any and all your information including assigned IP addresses, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification.
Vouscast.com follows the strict guidelines of our customer privacy statement. Please make sure you understand this statement fully.
More information: info @vouscast.com