Acceptance of Terms
An Application will allow you to access certain materials and functionality available on the Sites through your mobile device. Howcast reserves the right to amend or withdraw any Application at any time and for any reason. You acknowledge that the terms of agreement with your mobile network provider (Mobile Provider) will continue to apply when using an Application. As a result, you may be charged by your Mobile Provider for access to network connection services for the duration of the connection while accessing an Application or any such third party charges as may arise, and you accept responsibility for any such charges. If you are not the bill payer for the mobile or handheld device being used to access an Application, you will be assumed to have received permission from the bill payer for using the Application. Howcast does not accept responsibility whatsoever for unavailability of any Application, or any difficulty or inability to download or access content or any other communication system failure which may result in an Application being unavailable. Howcast will not be responsible for any support or maintenance for Applications. In order to use an Application, you will be required to have a compatible mobile or handheld device, Internet access, and certain minimum specifications which are specified in the Application itself.
Rules and Conduct
- infringes any patent, trademark, service mark, trade secret, copyright, right of privacy or publicity or other right of any other person or entity;
- includes video or a photograph of another person or an identifiable location that you have posted without that person’s or the owner of such location’s consent;
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, sexually explicit or profane, depicts nudity, unlawful activities, death or violence, or encourages conduct that could constitute a criminal offense;
- constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);
- involves commercial activities and/or sales without Howcast’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
- displays an advertisement, or accepts payment or anything of value from a third person in exchange for your performing any activity on or through the Services on behalf of that person, such as posting commercial content, or posting blogs or bulletins with a commercial purpose;
- contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data or other information of Howcast or any third party; or
- impersonates any person or entity, including any employee or representative of Howcast.
Additionally, you shall not: (i) take any action that imposes or may impose (as determined by Howcast in its sole discretion) an unreasonable or disproportionately large strain on Howcast’s infrastructure; (ii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; or (iii) bypass any measures Howcast may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services).
You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services, except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Services, or as explicitly provided on the Sites, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder.
You shall abide by all applicable local, state, national and international laws and regulations.
To the extent that Howcast makes it technically feasible, you may use Howcast’s embeddable player on your web site, but you must include a prominent link back to the Howcast Site on the pages containing the embeddable player and you may not modify, build upon, or block any portion of the embeddable player in any way, including, without limitation, by doing anything to modify, block, or in any way impede or otherwise affect the playback of advertisements through the embeddable player.
Access Fee Terms and Refund Policy
In order to purchase access to a Video, you will need to follow the ordering procedures set forth on the Sites and pay an Access Fee. Access Fee pricing, as well as details of the procedures for payment of Access Fees, are displayed on the Sites. Prices are subject to change without notice. All Access Fees must be paid by credit card or by other methods specified on the Sites from time to time. We are entitled to refuse any order placed by you for any reason. If your order is accepted by Howcast, we will confirm acceptance to you by online electronic means to the e-mail address you have provided. You represent that all details you provide to us for the purpose of purchasing Videos from Howcast will be correct, that the credit card, or any electronic cash, which you use is your own and that there are sufficient funds or credit facilities to cover the cost of any goods. We reserve the right to obtain validation of your credit card details before providing you access to any Videos.
If you are not satisfied with any Video, we will refund the Access Fee within 30 days of purchase. Your refund will be credited back to your original payment method.
Third Party Sites
The Services may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Sites. These other websites are not under Howcast’s control, and you acknowledge that Howcast is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Howcast or any association with its operators. You further acknowledge and agree that Howcast shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource.
Right to Use Howcast Content
You agree that the Services contain Content specifically provided by Howcast, its users and/or its partners and that such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Except as expressly authorized below or otherwise by Howcast in writing, you shall not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such Content. However, Howcast hereby grants you a limited, revocable, non-sublicensable license to display the Content (excluding any software code) using the means provided for such by Howcast (e.g., through the use of “embed” codes); provided, that you retain all copyright and other proprietary notices contained therein. Except as set forth below, reproducing, copying or distributing any Content, materials or design elements on the Sites for any other purpose is strictly prohibited without the express prior written permission of Howcast.
Guide Content and Photographs
All Content is for informational purposes only, and is general advice, not intended to be relied upon to offer a solution to a specific problem or as a substitute for the advice of a qualified professional. Howcast does not recommend use of the Content in lieu of professional advice or delay in seeking professional advice based on the Content. Howcast does not recommend use of the Content for diagnosing or treating health or other problems. Information and statements regarding dietary supplements or other treatments or regimens have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease.
INVESTMENT & FINANCIAL INFORMATION: The content located on the Sites should not be interpreted as financial or investment advice nor should it be interpreted as creating any kind of investment advisor or financial advisor relationship. You should NOT rely upon the financial and investment information or opinions provided herein and you should conduct your own independent research and consult with your personal investment advisor before making an investment or financial decision. You are solely responsible for any investment and financial decisions, omissions or actions you take. Neither Howcast, its affiliates, nor any of their respective agents, employees, information providers or content providers shall have any liability for your financial/investment decisions based upon, or the results obtained from, the content on the Sites.
The Services may provide registered members with the ability to upload, submit, disclose, distribute or otherwise post (hereafter, “posting”) content (including, without limitation, information, text (including edits and new text) for video scripts and guides, audio, video, data, photographs and images) to the Services (User Submissions). While you, as the creator of that content, will retain copyrights and the freedom to use your own works in any manner you choose, by posting User Submissions on or at the Sites or otherwise through the Services, you:
- grant to Howcast, its affiliates and their assignees a worldwide, perpetual, irrevocable, non-exclusive, sublicensable, transferable, royalty-free right to use, reproduce, display, perform, adapt, modify, distribute, translate, make derivative works of, incorporate into other works, add metadata associated with, and otherwise exploit such User Submissions, including without limitation, any concepts, ideas or know-how embodied therein, in any form and for any purpose, including without limitation promoting and redistributing part or all of the Sites (and derivative works thereof) or the Services in any media format or technology now known or hereafter developed, in connection with the Sites and Howcast’s (and its successors’ and affiliates’) business. Without limiting the foregoing and for the avoidance of doubt, this license grant allows Howcast to display commercial advertising and non-video User Submissions anywhere on the Sites, including without limitation alongside, on the same page as, and/or superimposed on any User Submissions. With respect to any video(s) that you post on the Sites or through the Services, this license will terminate only within a commercially reasonable time after you remove or delete your videos from the Sites or Services, as applicable; however, you understand and agree that Howcast may perpetually retain, but not display, distribute or perform, copies of videos that have been removed or deleted from the Sites and/or the Services, as applicable. This license is perpetual with respect to non-video User Submissions, e.g., user comments to message boards or User contributions to text guides on the Sites, which cannot practicably be extracted from the compilation of Content on the Sites;
- acknowledge that such User Submissions may not be treated confidentially.
- agree that you will reuse all User Submissions only for non-commercial purposes. You shall not provide Howcast with any confidential or proprietary information that you desire or are required to keep secret. All Submissions will be considered non-confidential and Howcast is under no obligation to treat Submissions as proprietary information. You are solely responsible for the User Submissions you post on or through the Services. Howcast reserves the right to use User Submissions as it deems appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post them. Howcast is under no obligation to offer you any payment for User Submissions or the opportunity to edit, delete or otherwise modify Content once it has been submitted to Howcast. Howcast shall have no duty to attribute authorship of Submissions to you, and shall not be obligated to enforce any form of attribution by third parties. Howcast has no obligation to monitor the Sites, Services, Content, or User Submissions. Howcast may remove any User Submission at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Submission), or for no reason at all.
THE SERVICES IS PROVIDED “AS IS” AND “AS AVAILABLE” AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. HOWCAST MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THESE SITES 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 THE SERVICES, (III) CONSEQUENCES OF USING THE SITES OR YOUR EXPOSURE TO ANY CONTENT OR USER SUBMISSIONS ON THE SITES, (IV) UNAUTHORIZED DISCLOSURE OF IMAGE, INFORMATION OR DATA THAT RESULTS FROM THE UPLOAD, DOWNLOAD OR STORAGE OF USER SUBMISSIONS, OR (V) STATISTICS PROVIDED TO YOU OR OTHER USERS OF THE SERVICES INCLUDING BUT NOT LIMITED TO SITE ACTIVITY, SEARCH RESULTS, OR CONTENT VIEWS. HOWCAST IS NOT RESPONSIBLE FOR ANY SEARCH RESULTS OR RANKINGS OR THE ADDITION OF OR CHANGE TO ASSOCIATED METADATA OF CONTENT ON THE SITES. HOWCAST, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) THE SITES OR THE SERVICES WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, OR (E) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. HOWCAST DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SITES OR FEATURED IN THE CONTENT OF THE SITES OR ANY BANNER OR OTHER ADVERTISING, AND HOWCAST 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. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.
Limitation of Liability
IN NO EVENT SHALL HOWCAST, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES ARISING FROM (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, OR (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO THE SITES AND USE OF THE SERVICES, (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $10 (U.S.). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Howcast makes no representation that the Content is appropriate or available for use in locations outside of the United States, and accessing the Services is prohibited from territories where such Content is illegal. If you access the Services from other locations, you do so at your own initiative and are responsible for compliance with local laws.
Howcast is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to www.amazon.com.
Digital Millennium Copyright Act Notice.
Howcast has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (http://lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of Howcast’s Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is listed at the end of this policy. It is Howcast’s policy to (1) block access to or remove Content that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of its advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders. If you believe that Content residing on or accessible through the Sites or Services infringes a copyright, please send a notice of copyright infringement by facsimile or regular mail (not e-mail) to Howcast Media, Inc., Attn: Copyright Agent, 518 Broadway, 2nd Floor, New York, NY 10012, Fax: 646-422-7298, containing the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
- Identification of works or materials being infringed;
- Identification of the Content that is claimed to be infringing including information regarding the location of the Content that the copyright owner seeks to have removed, with sufficient detail so that Howcast is capable of finding and verifying its existence;
- Contact information about the notifier including address, telephone number and, if available, e-mail address;
- A statement that the notifier has a good faith belief that the Content is not authorized by the copyright owner, its agent, or the law; and
- A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
Once proper infringement notification is received by the Designated Agent, it is Howcast’s policy to remove or disable access to the infringing Content; to notify the Content provider, member or user that it has removed or disabled access to the Content; and that repeat offenders will have the infringing Content removed from the system and that Howcast will terminate such content provider’s, member’s or user’s access to the Services.
If you believe that your material has been removed by mistake or misidentification, please provide Howcast with a written counter-notification containing the following information:
- Your name, address, and telephone number.
- A description of the material that was removed and the location on the Site (e.g., the URL) where it previously appeared.
- A statement made under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification.
- A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, any judicial district in which Howcast may be found (which includes the United States District Court for the Southern District of New York), and that you will accept service of process from the person who filed the original DMCA notice or an agent of that person.
- Your electronic or physical signature. Please submit this information to Howcast’s Designated Agent at the address listed at the end of this policy.
Please note that we will send any complete counter-notifications we receive to the person who submitted the original DMCA notice. That person may elect to file a lawsuit against you for copyright infringement. If we do not receive notice that a lawsuit has been filed within ten (10) business days after we provide notice of your counter-notification, we will restore the removed materials. Until that time, your materials will remain removed.
Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
You may contact Howcast and Howcast’s Designated Agent at the following address:
Howcast Media, Inc.
Attn: Legal Department
69 Charlton Street, 2nd Floor
New York, NY 10012
Last revised: April 18, 2014