Last Revised: Apr 27, 2024
The Services are offered to Publisher subject to its acceptance, without modification, of these Terms of Service and any future modifications thereof, and procedures that may be published from time to time or made available to Publisher on or through the Services. When the Services are used by a Publisher, these Terms form a legally binding contract between Publisher and Fitcaster, LLC. If you are entering into these Terms on behalf of an entity, such as your employer, or the company you work for, you represent and warrant that you have the legal authority to represent and bind such Publisher, in which case the terms "you," "your," "customer" or a related capitalized term herein will refer to such Publisher.
IF YOU ARE USING YOUR EMPLOYER OR AN ENTITY'S EMAIL ADDRESS IN REGISTERING FOR THE SERVICES, PLEASE NOTE THAT YOU ARE DEEMED AS AN AUTHORIZED REPRESENTATIVE AND/OR AGENT OF YOUR EMPLOYER OR AN ENTITY (AS APPLICABLE).
The Terms is a contract that governs Publishers' use of the Services and consists of the following:
If you register for a Free Trial of the Services, the applicable provisions of the Terms will govern that Free Trial.
PLEASE READ THESE TERMS CAREFULLY. BY REGISTERING FOR, ACCESSING, BROWSING, AND/OR OTHERWISE USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, DO NOT ACCESS, BROWSER OR OTHERWISE USE THE SERVICES.
"Account" means the primary means for accessing and using the Services, subject to payment of a Fee designated in the selected Plan.
"Administrator" means a User(s) of an Account which the Publisher has granted complete authorization to manage the Publisher Account. Administrators shall not have the authorization to assign, amend or alter a Publisher's or any other Administrator's credentials.
"Affiliates" means any legal entity that controls or owns more than 50% of such entity's outstanding shares or securities, is controlled by, or under common control with a party.
"App Marketplace" means a digital distribution platform for Apps, such as Google Play or Apple App Store, etc.
"Apps" mean Client-side applications accessed through web browsers, mobile apps installed on smartphones and tablets, and TV apps designed for smart TVs and streaming devices.
"CDN" means content delivery networks which act as geographically distributed networks of proxy servers and their data servers to help facilitate delivery of dynamic content such as live video feeds.
"Company" means Fitcaster, LLC.
"Company Content" means any data and information available through Services or contained within the structure of the Services, including but not limited to, articles, documents, brochures, presentations, pictures, images, audiovisual works, other informational materials and any comments.
"Company Materials" means the visual interfaces, graphics, design, systems, methods, information, computer code, software, services, "look and feel", organization, code, data, and all other elements of the Services.
"Credentials" means all usernames, passwords, and other access credentials created by or assigned to Publisher, Users and each of its designated Subscribers for use of the Services.
"Fee" means regular payment for using the Services via an activated Account.
"Free Trial" means temporary access of the Services for the purposes of trying out any part of the Services in accordance with any selected Plan without paying a Fee.
"Master Terms" means these core legal and commercial terms that apply to Publisher's use of Services and makes up part of the Terms of Service.
"Order Form" means, if applicable, the document executed by the parties specifically referencing this Terms of Service pursuant to which Publisher orders and Company accepts to provide a particular Plan, the Services and the Platform, under the terms and conditions of the Terms of Service.
"Plan" means various criteria related to the use and functionality and cost of a particular Service chosen by Publisher, as set forth at www.Fitcaster.com/pricing, and on which the Fee is based.
"Plan Term" means the period of the Publisher's use of the Services commencing on the date determined by the parties for the associated Plan and concluding on the date of expiration of the Plan, as determined by the parties.
"Platform" means Company's distribution platform allowing Publisher to market, distribute and sell Publisher's video catalog to Subscribers.
"Privacy Policy" means the notice, as set forth at https://www.Fitcaster.com/privacy-policy/, which describes how Company collects, receives, uses, stores, shares, transfers, and processes Publisher Content in connection with Publisher's use of the Services. It also describes Publisher's choices regarding use, as well as Publisher's rights of access to and correction of its Publisher Content.
"Publisher" means you, a natural or legal person or entity who has accepted these Terms with Company by using the Services and identified by your registered name and/or email address. For purposes of providing any Account information, Company shall be obligated to provide such details only to the Publisher. Publishers shall also be deemed Administrators.
"Publisher Content" means videos, data and documents of any kind (images, spreadsheets, text files, etc.) and any other digital data and information, which is subject to the Platform, or otherwise inserted into the Platform by the Publisher and for which Company is a "processor" (as defined in the Privacy Policy). Publisher Content shall not contain Sensitive Information.
"Renewal Date" means the date the Publisher's Plan will automatically renew on an annual or monthly basis depending on the Publisher's Plan and as further set forth in an Order Form.
"Sensitive Information" means credit or debit card numbers; financial account numbers or wire instructions; government issued identification numbers (such as Social Security numbers, passport numbers), biometric information, personal health information (or other information protected under any applicable health data protection laws), personal information of children protected under any child data protection laws, and any other information or combinations of information that falls within the definition of "special categories of data" under any applicable law relating to privacy and data protection.
"Services" means the Web Site, Company Materials, Platform, Apps and all other content, services and/or products available on or through the Platform.
"Sub-processor" means any third party which Company uses in the provision of Services.
"Subscriber" means those customers of Publisher who access the Services via the Platform.
"Terms" means the Publisher Terms of Service which consists of the Master Terms, the DPA and the Privacy Policy.
"User" means any Publisher employee, agent, its Affiliates or any entity or individual granted with the authorized rights and privileges to use the Account on behalf of a Publisher, including any Administrators.
"Web Site" means the compilation of all web documents (including video, images, php and html files) made available via www.Fitcaster.com, its subdomains or domains with identical names under other top domains, and owned by Company.
Company reserves the right, at its sole discretion, to change, modify, add, or remove any portion of the Terms from time to time. Notification of such modifications may be posted on or through the Platform or the Services and shall be effective immediately upon such modification. Publisher's continued use of the Services constitutes its acceptance of these Terms and any modifications as they arise.
Subject to these Terms and the payment of the applicable Fees, Company grants Publisher and its Users a non-exclusive, non-transferable, non-sublicensable license to use the Services to:
Company may use Sub-processors to perform any portion of the Services.
Company reserves the right to modify the Services, Platform or any part or element thereof from time to time without prior notice, including, without limitation:
Publisher's continued use of the Services, or any part or element thereof, after the effective date of a modification, shall indicate its consent to the modifications. Company shall not be liable to the Publisher or to any third person for any modification, suspension or discontinuance of the Services, or any part or element thereof.
Publisher is responsible for maintaining the confidentiality of all Credentials and is solely responsible for all activities that occur with its Account, including the activities of its Users and Subscribers. Publisher agrees to immediately notify Company of any unauthorized use of its Account or any other breach of security known to Publisher.
Publisher agrees to pay all Fees associated with its selected Plan. Fees are due in advance and are non-refundable except as otherwise provided in these Terms. Publisher authorizes Company to charge its payment method for all applicable Fees.
Publisher retains all rights, title, and interest in and to its Publisher Content. Company retains all rights, title, and interest in and to the Services, Company Materials, and Company Content.
Company's collection and use of personal information in connection with the Services is described in the Privacy Policy. Publisher agrees to comply with all applicable data protection laws and regulations.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM PUBLISHER'S USE OF THE SERVICES.
Either party may terminate these Terms at any time. Upon termination, Publisher's right to use the Services will cease immediately, and Company may delete Publisher's Account and all data associated with it.
These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.
If you have any questions about these Terms, please contact us at:
Fitcaster LLC
Email: info@fitcaster.com
Address: 160 W Slauson Ave Ste 3, Los Angeles, CA 90003