Welcome to Selfcast! This page (together with the documents referred to on it) tells you the Terms of Use on which you may make use of our site www.selfcast.com (including any Selfcast User Microsite or “Channel Page”) (the “Site”), and all other services which are provided on the Site (which, together, shall comprise the “Services”).

Please read these Terms of Use carefully before you start to use the Services. By using the Services, you indicate that you accept these Terms of Use and the documents referred to herein and that you agree to abide by them. If you do not agree to these Terms of Use, you must refrain from using the Services.

Information About Us

www.selfcast.com is a site operated by RawFlow Limited (“we”, “us” and “our”). We are registered in England under company number 4539512 and have our registered office at Old Pump House, 19 Hooper Street, London E1 8BU.

Accessing the services

In order to use some or all of the Services, you will need to register to create an account with a user name and password (the “Account”). You agree to provide accurate current and complete information during the registration process, when contributing User Content or when otherwise using the Services. You also agree that you will review, maintain, correct and update such information in a timely manner to maintain its accuracy and completeness. You agree to safeguard your user name and password, and you authorise us to accept any use of the Services through your Account as being used by you or someone authorised to act for you. You agree that we can rely upon the contact and other information that is supplied to us using your Account and that we will rely upon such information. You agree and acknowledge that your Account is non-transferable and non-assignable.

Access to the Services is PERMITTED only to those persons age 13 (thirteen) OR OVER. If you are under the age of 13, please do not use the Services. You affirm that you are either more than 18 (eighteen) years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into these Terms of Use.

Access to the Services is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice (see below). We will not be liable if for any reason the Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or all of the Services.

We aim to update the Site regularly, and may change the content at any time. If the need arises, we may suspend access to the Site, or close it indefinitely. Any of the material on the Site may be out of date at any given time and we are under no obligation to update such material.

You are responsible for making all arrangements necessary for you to have access to the Services. You are also responsible for ensuring that all persons who access the Services through your internet connection are aware of these Terms of Use, and that they comply with them.

Live distribution using Selfcast

We may now or in the future allow Users to upload materials including video or audio communications (“User Content”) to a User-specific web page hosted on the Site (a “Selfcast User Microsite” or “Channel page”)

Any User Content you upload to the Site will be considered non-confidential and non-proprietary, and by uploading or distributing such User Content, you grant us the right to use, copy, STORE, distribute and disclose to third parties any such User Content ANYWHERE IN THE WORLD AND for any purpose.

We will not be responsible, or liable to any third party, for the content or accuracy of any User Content posted by you or any other User.

Whenever you make use of any facility to: (i) upload User Content to the Site (including any Selfcast User Microsite or Channel page); or (ii) to deliver User Content using the Selfcast Broadcasting tools, or otherwise make contact with, other users of the Services, you must comply with the content standards set out in (1.) to (4.) below (“Acceptable Use Policy”). You warrant and represent that any such contribution does comply with those standards. In the event that you engage in any of the activities prohibited by our Acceptable Use Policy, your right to use the Services will cease immediately.


1. 1. Spamming
You agree not to share usernames, passwords or other access credentials that may be provided to you upon registration with Selfcast with any third party including contractors, agents and delegates. You agree not to:
* Post, disseminate or transmit unauthorised advertising, promotional materials, chain letters, junk mail or any other type of unsolicited mass e-mail to people or entities that have not agreed to be part of such mailings;
* Omit, delete, forge or misrepresent transmission information, including headers, return mailing and Internet protocol addresses, or otherwise manipulate identifiers to disguise the origin of any User Content;
* Impersonate any person or entity, or falsely state or otherwise misrepresent an affiliation with any person or entity;
* engage in any activities intended to withhold or cloak identity or contact information;
* Send harassing and/or threatening messages to others;
* post excessive (20 or more copies of the same article in a 45-day period) or repeated off-topic articles to newsgroups; or
* Printed off or downloaded in any way, and you must not use any illustrations, photographs engage in Internet Control Message Protocol (ICMP) flooding and mail bombing (flooding as used herein is defined as sending large amounts of email repeatedly to the same email address).


2. 2. Unlawful Behaviour
You agree not to use the Selfcast site:
* For any illegal purpose or in violation of any applicable laws or regulations;
* To publish web pages that contain links that initiate downloads of any material that infringes the rights of any person or other illegal material;
* To electronically stalk or otherwise electronically harass any other person;
* To engage in any Internet activities that would violate the personal privacy rights of others, including but not limited to, collecting and distributing information about Users without their permission, except as permitted by applicable law; or
* To conduct Internet raffles or contests that violates applicable laws.


3. 3. Disruptive Behaviour
You agree not to:
* Post, disseminate or transmit any worm, viruses or other harmful, disruptive or destructive files, code or programs or other material which is malicious or technologically harmful on the Site;
* Use Internet Relay Chat (IRC) bots on the Site i.e., programs that utilise excessive resources by connecting to an IRC network and running 24 hours per day;
* Hinder the ability of others to use IRC available via the Site;
* disrupt the normal flow on the Site or of dialogue or otherwise act in a manner that negatively affects other Users’ ability to engage in real time exchanges;
* Run any program that makes a service or resource available to others on the Site, including but not limited to port redirectors, proxy servers, chat servers or Multi-User Dungeons;
* Access, tamper with, or use services or areas of the Site that you are not authorised to access;
* Alter information on or obtained from the Site;
* Tamper with postings, registration information, profiles, submissions or User Content of other Users;
* Interfere with, disrupt, or harm in any way the Site or servers or networks connected to the Site;
* Run programs or specifically configure machines in such a way as to keep a dialup connection active when not in use or otherwise bypass automatic disconnection for inactivity, unless a dedicated access account is provided;
* Use the Site in violation of the rules of any other web site providers, web sites, chat rooms or the like;
* Use the Site to access the accounts of others without permission;
* Attempt to penetrate security measures of the Site or another entity, or obtain or bypass other Users’ credentials (as defined in the Privacy Policy or otherwise to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site; or
* Engage in denial of service attacks or distributed denial of service attacks, i.e., actions designed to impair network access by flooding the Site or any other site or the Internet with useless traffic. We have the right to remove any material or posting you make on the Site if, in our opinion, such material does not comply with the following User Content standards:


By breaching this provision, you may commit a criminal offence in one or more jurisdictions. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them.

4. 4. Content
You agree not to post, disseminate or transmit any content that:
* Is unlawful, harassing, defamatory, libellous, abusive, threatening, obscene, harmful, tortious, libellous, or invasive of another's privacy;
* Infringes or violates any party’s copyright, trade mark, trade secret, patent or other proprietary right including, but not limited to, using third party copyrighted materials without permission, using third party trademarks without permission or attribution, and using or distributing third party information protected as a trade secret in violation of a duty of confidentiality;
* You do not have the right to disseminate or transmit under law, or contractual or fiduciary relationships, such as inside information and proprietary and confidential information
* Unsolicited, undisclosed or unauthorised advertising; or
* Contains personally identifiable information belonging to minors.


You agree that we may disclose your identity to any third party who claims that any User Content posted or uploaded by you to the Site or delivered by you using the Services to other Users of the Services constitutes a violation of their intellectual property rights, or of their right to privacy or any breach of law or regulation in any jurisdiction. We reserve the right to remove any content including user content without notice and to terminate any distribution of user content using the Selfcast player without prior notice. We also RESERVE THE RIGHT TO terminate a User’s account and remove such user’s Selfcast user microsite or Channel page in the event we determine that such user undertakes infringing OR UNLAWFUL activity of any kind.

Intellectual property rights

Except for User Content, we are the owner or the licensee of all intellectual property rights in the Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from the Site for your personal reference and you may draw the attention of others to material posted on the Site. However, YOU MAY NOT COPY, RECORD, STORE, MODIFY OR DISTRIBUTE ANY USER CONTENT DISTRIBUTED BY OTHER USERS UNLESS YOU HAVE OBTAINED A LICENCE FROM THE RELEVANT RIGHT OWNER TO DO SO.

You must not modify the paper or digital copies of any materials you have, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors), as the authors of material on the Site must always be acknowledged.

You must not use any part of the Services, including the Selfcast Embeddable Player, for commercial purposes without obtaining a licence to do so from Us or our licensors.

If you print off, copy or download any part of the Site in breach of these Terms of Use, your right to use the Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. Claims of infringement by copyright holders

We are under no obligation to restrict or monitor Site content including User Content in any way. YOU UNDERSTAND AND ACKNOWLEDGE THAT WE DO NOT REGULARLY MONITOR THE ACCURACY OR RELIABILITY OF USER CONTENT.

If you believe your work has been reproduced in a way that constitutes copyright infringement, you may provide a notice to our copyright agent. We respect the intellectual property rights of others and request that the people who use the Services do the same. If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information in writing:

* The electronic or physical signature of the owner of the copyright or the person authorised to act on the owner’s behalf;
* Identification of the copyrighted work that you claim has been infringed;
* Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material (for example, by providing a URL to the material or the relevant Selfcast User Microsite or Channel page;
* Your name, postal address, telephone number, and email address;
* A statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law; and
* A statement that the information in your notification is accurate and a statement made under penalty of perjury, that you are the copyright owner or are authorised to act on the copyright owner’s behalf.

If such a notification is made pursuant to the Digital Millennium Copyright Act (“DMCA”), our designated agent to receive notification of claimed infringement can be reached at: Dorian Tireli, RawFlow Ltd. 2nd Floor, The Old Pump House, 19 Hooper St, London, E1 8BU, UK. 020 7480 4220. dorian.tireli@rawflow.com.

If such a notification is made under any other law or statute, the notification should be emailed to legal@rawflow.com.

Once we have received notice we will remove, or disable access to, where possible, any User Content that the notice complains of, and we will notify the relevant User of the activity complained of. In accordance with our Acceptable Use Policy, we reserve the right to terminate a User’s Account and Selfcast User Microsite (Channel page) in the event we determine that such User undertakes infringing activity of any kind.

Reliance on information posted

Information published on the Site is supplied by Us and, where indicated, by certain third parties including Users in relation to User Content. We take every care and precaution to ensure that information published by Us on the Site is accurate when posted and regularly updated, but we do not guarantee its accuracy and may change the information at any time without notice.

Information about you and your visits to the site

We process information about you in accordance with our Privacy Policy. By using the Services, you consent to such processing and you warrant that all data provided by you is accurate and up to date. We reserve the right to contact you in connection with our or your compliance with and performance of these Terms of Use (including without limitation the license rights granted hereunder) or any User Content or activities relating to the Services.

Linking to the site

You may link to our home page (www.selfcast.com), provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link from any website that is not owned by you.

The Site must not be framed on any other site, nor may you create a link to any part of the Site other than the home page set out above. We reserve the right to withdraw linking permission without notice.

If you wish to make any use of material on the Site other than that set out above, please address your request to: legal@rawflow.com.

Dealing with merchants; Links from the site

The Site contains advertisements, offers, or other links to other websites and resources of third parties that we do not control. That information, as well as advertisements, may or may not be or remain wholly accurate. You acknowledge and agree that, subject to the terms set out under the heading Our Liability above, we are not responsible or liable for (i) the availability or accuracy of such sites or resources; or (ii) the content, advertising, or products or services on or available from such sites or resources. The inclusion of any link on the Site does not imply that we endorse the linked site. You use the links at your own risk. Our Privacy Policy is applicable only when you are on our Site. Once you choose to link to another website, you should read and understand that website’s privacy statement before disclosing any personal information.

Your correspondence or business dealings with, or participation in promotions of, third party merchants or advertisers that are found on or through the Site or which provide links on the Site, including, for example, “click to purchase” and other similar programs, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such merchant or advertiser. You waive any claim against us and agree to hold us harmless from any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such merchants or advertisers on the Site.

Our liability

To the extent permitted by law (and other than liability in respect of death or personal injury caused by negligence or in respect of fraudulent misrepresentation which we do not limit or exclude):

* The Services are provided “as is” and on an “as available” basis, without warranties, conditions, or representations of any kind, either express or implied, and we (and any third party providing materials) hereby disclaim any express or implied warranties, conditions, or representations of title, merchantability, fitness for a particular purpose, non-infringement of third party rights, completeness, accuracy or timeliness of the information or freedom from computer viruses, worms, trojans or any other similar code;
* We (and any third party providing materials) exclude any liability for any direct, indirect or consequential loss or damage incurred by any User in connection with the Site or in connection with the use, inability to use, or results of the use of the Services, any other sites linked to the Site and any materials posted on it, whether arising in contract, tort (including negligence), breach of statutory duty or otherwise, and including any direct, indirect or consequential loss of income, revenue, profit, contracts, anticipated savings, data or good will; and
* To the extent that any such liability cannot be excluded, then to the extent permitted by law, our (and any third parties providing materials) joint maximum liability to a user will be limited to a total of GB£100.00.

Subject to the terms set out above, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any material posted on it, or on any website linked to it.

Indemnity

You agree to indemnify and hold Us and Our subsidiaries or holding companies harmless from and against all claims, liabilities, loss, damage, costs and expenses (including legal fees AND EXPENSES) suffered or incurred in connection with: (i) your use of the Services; (ii) your breach of any term of these Terms of Use including the Acceptable Use Policy; (iii) any claim that your User Content caused loss or damage to a third party.

Jurisdiction and applicable law

The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to the Site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. These Terms of Use are governed by English law.

Trade marks

RawFlow Limited is the owner of applications to register the trade marks “RAWFLOW” and “SELFCAST” in the UK.

Severability

Notwithstanding that the whole or any part of any term of these Terms of Use may prove to be illegal or unenforceable, the other terms of these Terms of Use and the remainder of the term in question shall remain in full force and effect.

Variations

We may revise these Terms of Use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these Terms of Use may also be superseded by provisions or notices published elsewhere on the Site.

Your concerns

If you have any concerns about material which appears on the Site, please contact: legal@rawflow.com.

Thank you for visiting www.selfcast.com.