Terms of Service
ACCEPTANCE OF TERMS OF SERVICE
As a precondition and requirement to use the services available via TorontoCast.com, you, for yourself and for the company or other person(s), if any, you represent (“Subscriber” or “Subscribers”, as applicable), hereby accept and agree to be legally bound by these Terms of Service (“Terms”). These Terms are effective immediately between the Subscriber and TorontoCast, LLC. dba torontocast.com, its subsidiaries and affiliates (“TorontoCast”). Each Subscriber is subject to these Terms, and by using TorontoCast’s services, network and/or systems (collectively the “Services”), Subscriber agrees to be legally bound by and subject to all terms and conditions contained in these Terms, including as well all usage policies and other policies herein. To the extent not inconsistent therewith, these Terms are also incorporated into the individual service agreement, if any, of each Subscriber.
Subscriber represents and warrants that, if an individual, Subscriber is at least 18 years old and otherwise legally competent in all respects to, or, if an entity, Subscriber is a corporation, limited liability company, partnership, or other legal entity duly formed and in good standing, as applicable, and possesses all legal authority and power to accept and be bound by these Terms. Additionally, Subscriber represents and warrants that neither it, she, or he (as applicable), nor any entity it, she or he represents, is prohibited under any part of section 17 of these Terms from registering or signing up with or otherwise subscribing to or receiving any of the Services from TorontoCast. Further, Subscriber represents and warrants all information provided by Subscriber to TorontoCast has been and is complete, accurate, and current, and that Subscriber shall continue to provide complete, accurate and current information to TorontoCast in connection with all registration or renewal processes and further agrees to update all such information as necessary to maintain complete, accurate and current information. Although Subscribers of paid services offered through TorontoCast must be at least eighteen (18) years of age and otherwise legally competent to accept and be legally bound by these Terms, a parent or legal guardian of a minor may obtain an account on the minor’s behalf, and by doing so, consents to such minor’s use of the Services. Subscribing parents and legal guardians each for herself or himself, as applicable, accept and agree to be legally bound by these Terms, and assume full responsibility and liability associated with any failure of compliance with the Terms in connection with said minor’s use of any of the Services.
TorontoCast intends to provide the best possible stream hosting service to each of its Subscribers. TorontoCast is also dedicated to staying abreast of new and available technologies that will better serve our Subscribers. However, due to changing technologies, changing laws and the individual and collective needs of our Subscribers, TorontoCast reserves the right, in its sole discretion, to change, modify, add or remove all or any part of these Terms at any time with or without notice.
Subscribers may view the most current version of these Terms at torontocast.com. Any use of the Services by Subscriber, after changes, modifications, additions or deletions to these Terms are posted on the torontocast.com website, shall constitute Subscriber’s acceptance of all such changes, additions, modifications or deletions. If a Subscriber does not agree to any such alterations to these Terms, the Subscriber’s sole and exclusive remedy is to cancel the Subscriber’s account as set forth in Section 4 below.
If TorontoCast makes a significant change to these Terms, as determined in its sole discretion,TorontoCast will post a notice that we have made significant changes to the Terms on the torontocast.com website for at least thirty (30) days after the changes are posted and will indicate at the bottom of these Terms the date these Terms were last revised.
ACCEPTABLE USE POLICY
Under this Agreement, Subscriber shall comply with TorontoCast’s then current Acceptable Use Policy (“AUP”), as amended, modified or updated from time to time by TorontoCast, and other agreements which currently can be viewed under the Terms of Service section of this Web site (collectively, the “Terms of Service”), and which is incorporated in this Agreement by reference. Subscriber hereby acknowledges that it has reviewed the AUP and that the terms of the AUP are incorporated herein by reference. In the event of any inconsistencies between this Agreement and the AUP, the terms of the AUP shall govern. TorontoCast does not intend to systematically monitor the content that is submitted to, stored on or distributed or disseminated by Subscriber via the Service (the “User Content”). User Content includes content of Subscriber’s and/or users of Subscriber’s Web site. Accordingly, under this Agreement, Subscriber will be responsible for Subscriber’s users content and activities on Subscriber’s Web site. Notwithstanding anything to the contrary contained in this Agreement, TorontoCast may immediately take corrective action, including removal of all or a portion of the User Content, disconnection or discontinuance of any and all Services, or termination of this Agreement in the event of notice of possible violation by Subscriber of the AUP. In the event TorontoCast takes corrective action due to a violation of the AUP, TorontoCast shall not refund to Subscriber any fees paid in advance of such corrective action. Subscriber hereby agrees that TorontoCast shall have no liability to Subscriber or any of Subscriber’s users due to any corrective action that TorontoCast may take (including, without limitation, suspension, termination or disconnection of Services).
TERM – PAYMENT – RENEWAL OF ACCOUNT
Term of Service
The term of Subscriber’s subscription to the Services commences upon Subscriber’s acceptance of these Terms and terminates as set forth in Paragraph 3.7 and Section 4.
Subscriber agrees to pay all applicable fees for Services in effect at the time of sign-up registration and/or renewal, subject to these Terms. Subscriber agrees to update and keep current all of Subscriber’s billing information, email and all other contact information. It is the Subscriber’s responsibility to verify that the information submitted is accurate to insure proper billing and continuity of services. TorontoCast may use Merchant Updater Services to receive updated billing information from participating providers.
TorontoCast may periodically offer “free” or discounted services or credits in connection with a promotional offer. Such promotional offers are honored only in connection with the specific promotional package to which they apply. In the event a Subscriber downgrades or otherwise changes his/her/its subscription to a subscription to which a promotional offer does not apply, Subscriber will forfeit any unused free credits offered under the promotional packaged and TorontoCast will charge Subscriber the prevailing fees for any free credits redeemed by Subscriber under the promotional package.
Chargebacks and Reversals
In the event Subscriber issues a chargeback or reversal of charges without first following the below cancellation procedures, the Subscriber will be responsible for a USD $25.00 billing service fee.
In the event Subscriber is a corporation, limited liability company, partnership, joint venture, other business entity or group of individuals, the person registering for or renewing TorontoCast Services on behalf of Subscriber hereby certifies that he/she has the authority to and does hereby bind the corporation, limited liability company, partnership, joint venture or other individuals in this manner and in connection with Subscriber’s acceptance of all other Terms set forth herein.
CANCELLATION OF SERVICES – REFUND POLICY
Cancellations within First 3 Days of Registration
In the event Subscriber cancels the Services within three (3) calendar days of registration, Subscriber will receive a full refund of all fees paid in connection with the registration upon request.
Notice of Cancellation
Subscriber agrees to direct all cancellation requests to TorontoCast via email or the billing system. The cancellation request must include verification of ownership of the hosting account. Subscriber must also confirm to TorontoCast that all emails, files, and databases are preserved and backed up somewhere other than TorontoCast’s server space.
Subscriber agrees that they will not play revenue generating announcements (adverts) on their stream. The use of Public Service Announcements (PSA) is allowed.
TorontoCast is licensed in Canada to broadcast radio streams on the domains TorontoCast.com and TorontoCast,stream.
TorontoCast prohibits the relaying of streams (inward or outbound). Any Subscriber found to be relaying will be contacted and/or their stream terminated. Repeat violations may lead to account termination.
Web-based players need to be hosted on a subdomain of TorontoCast.com and show this in the address bar. This can be in the form of a popup window, or the start page supplied by Centova.
LICENSE TO TORONTOCAST
TorontoCast claims no ownership interest in the content of Subscriber’s web site(s). By submitting content and data to TorontoCast, Subscriber grants to TorontoCast, its successors and assigns, the worldwide, royalty-free, and nonexclusive license under Subscriber’s copyrights and other rights, if any, in all material and content displayed in Subscriber’s web site to use, distribute, display, reproduce, and create derivative works from such material in any and all media, in order to maintain such content on TorontoCast’s servers during the Term. Subscriber also authorizes the downloading and printing of such material, or any portion thereof, by end-users for their personal use. This license shall terminate upon Subscriber’s cancellation of the Services as set forth in Sections 3 and 4 of the User Agreement.