כניסה הרשמה
NowCast’s Terms of Service
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15, May 2020
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Introduction
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NowCast, Inc is a US company operating from San Francisco, CA, USA.

The following terms of service (these "Terms of Service"), govern your access to and use of the NowCast website and platform  (https://nowcast.co), including any content, functionality and services offered on or through www.nowcast.co (the "Site") by NowCast Inc., based in San Francisco, 94103, CA, USA. NowCast Inc. and its subsidiaries are collectively referred hereto as "nowcast", "we" or "us".

We ask you to please read the Terms of Service carefully before you start to use the Site. By using the Site, buying or subscribing to a cast, opening an account or by clicking to accept or agree to the Terms of Service when this option is made available to you, you accept and agree to be bound and abide by these Terms of Service and our Privacy Policy. If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use the Site. For more detailed policies surrounding the activity and usage on the Site, please access the designated articles herein.

This Site is offered and available to users who are 13 years of age or older. If you are under 13 you may not use this Site. By using this Site, you represent and warrant that you are of legal age to form a binding contract and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.

Our Customer Support team is available by mail if you have any questions regarding the Site or Terms of Service. Contacting our Customer Support team can be performed by emailing support@nowcast.co.

The original language of these Terms of Service, as well as all other texts throughout the Site, is English. Nowcast makes available translations for convenience only. In case of conflicts between the original English version and any translation, the English version shall prevail.

“Casts” are video services offered via NowCast, for free or for a payment, via live video. Casts can be either singular or recurring events.

Payment Services Provider(s) are service providers that provide payment services to "Buyers" and "Sellers" in connection with NowCast, including with respect to collection of funds from Buyers in connection with purchases, remittance and withdrawal of funds to Sellers.

Revenue is money that Sellers earn from Casts and other services.

Sellers are users who offer and perform services through live videos (Casts/NowCasts), streamed either on NowCast or on other sites and platforms.

Overview: (Main terms, in a nutshell)
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Only registered users may buy and sell on Nowcast. Registration is free and can be done alongside payment.

Casts on NowCast may be offered at a base starting price of $1, or for free. Some Casts are offered at a base price of more than $1 as determined by the Seller.

Buyers pay Seller via Nowcast in advance in order to receive access to a Seller’s Cast (see Purchasing Section below regarding payment terms). NowCast is not responsible for ensuring Seller will supply services as promised. However, in case of a dispute regarding a Seller's fulfillment of a commitment to a cast as scheduled or any other reason, NowCast reserves the right to refund customers and/or withhold payment to a Seller, in proportion to the funds lost or damage incurred to a customer. NowCast reserves the right to be the final arbiter of any and all financial disagreements or disagreements of any other nature.

For fees and payments please read the purchasing section.

Sellers must fulfill their scheduled and purchased Casts, and may not cancel Casts on a regular basis or without cause. Cancelling Çasts will affect Sellers’ reputation and status. NowCast reserves the right to refund customers and/or otherwise withhold payment to Sellers if sellers do not reasonably show up to their Casts. 

Sellers gain account statuses and attributes based on their performance and reputation, which may provide their owners with benefits, including offering services for higher prices and additional software abilities.

NowCast discourages sellers from offering or accepting payments using methods external to the NowCast platform. 

We care about your privacy; please read our Privacy Policy. The Privacy Policy is a part of these Terms of Service and incorporated herein by reference.

Users undertake to comply with NowCast’s Community Standards, which are a set of behavior rules and guidelines, applicable to the NowCast community and marketplace in addition to these Terms of Service, as updated from time to time.


Payment and purchasing
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Basics
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Sellers create and schedule listings of Casts on NowCast to allow Buyers to purchase their services.

Sellers may also offer custom Casts to Buyers in addition to their scheduled casts. 

Money made by ticket sales to Casts or other sales by Seller via NowCast accredits a Seller's account with a net revenue of 80% of the purchase amount minus processing fees, to be paid out once a month via US bank transfer or via Paypal. The remaining 20% are used to cover Nowcast's operating costs. Nowcast's operating costs do not include any fees incurred during the remittance of funds to buyer.

In order to pay sellers the amount due, NowCast will, when relevant, contact sellers via the email on their account, informing them of the amount due and asking for an invoice for this amount, billed to NowCast. The invoice shall include all details necessary to send the money. NowCast supports bank transfers within the United States and Israel, and Paypal in the rest of the world. NowCast reserves the right to employ a Know-Your-Customer procedure before issuing payouts, in compliance with regulatory KYC practices around the world. 

The minimum amount to receive a payout is 100$. NowCast accredits Sellers once every calendar month, providing the net payout following all processing fee deductions is above the minimum amount, and against an invoice sent by the seller to NowCast billing NowCast the amount due and containing the information necessary to send a payment. Ensuring NowCast has received adequate invoice and account details in order to perform remittance in a timely and correct manner shall be the responsibility of the seller. NowCast reserves the right to postpone payment for as long as necessary in case of missing information or any other reason.

If a Cast is cancelled (for any reason), NowCast does not take responsibility for reimbursing buyers. Such responsibility may be found with the Seller directly. 

For security concerns, NowCast may temporarily delay paying a Seller, to prevent fraudulent or illicit activity. This may come as a result of security issues, improper behavior reported by Buyers, or associating multiple NowCast accounts to a single target withdrawal provider.

Sellers are responsible for paying any direct or indirect taxes, including any GST, VAT or otherwise, which may apply to them depending on residency or location. Sellers represent and warrant that they comply, and will comply at all times, with their obligations under income tax provisions in their jurisdiction. The price shown on a NowCast page is inclusive of all such taxes and charges that may apply to the Sellers.

Appointment as Limited Payment Collection Agent: Seller hereby appoints NowCast as Seller’s limited authorized payment collection agent solely for the purpose of accepting payments (via its Payment Services Provider, if applicable) from Buyer, and remitting those payments to Seller. 

Seller agrees that payment from Buyer to NowCast shall be considered the same as payment made directly to Seller. Buyer’s payment obligation to Seller will be satisfied upon receipt of payment by NowCast (or its Payment Services Provider, as applicable), and NowCast (via its Payment Services Provider, as applicable) is responsible for remitting the funds to the Seller in the manner described in these Terms of Service. In the event that NowCast (via Payment Services Provider) does not remit any such amounts to Seller, the Seller will have recourse only against NowCast and not the Buyer directly. Seller agrees that NowCast may describe or otherwise reflect the terms contained herein in any terms of service, receipts, disclosures, or notices including, but not limited to, receipts provided to Buyers that NowCast may deem necessary or prudent.

NowCast partners with Payment Services Providers for purposes of collecting payments from Buyers and transferring such payments from Buyers to Sellers. All payments services in connection with the withdrawal of funds on the NowCast platform are performed by NowCast’s Payment Services Providers.

Sellers are responsible for obtaining a general liability insurance policy with coverage amounts that are sufficient to cover all risks associated with the performance of their services.

Removal of Content
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Casts created on the site are User Generated Content. Any other digital content uploaded to the site shall also be considered User Generated Content. Any User Generated Content shall be considered intellectual property belonging to Nowcast, and the uploading user hereby grants Nowcast irrevocable permission and rights to use the content for any commercial or other matter, including selling it, reselling it, using it for marketing promotions, or any other use. To clarify, any content that appears on nowcast.co shall be deemed permissible for Nowcast to use for any material gain, in any manner, anywhere in the world, for as long as Nowcast is an operating entity.

Casts and/or users may be removed by NowCast from the Site for violations of these Terms of Service and/or our Community Standards, which may include (but are not limited to) the following violations and/or materials:
Illegal or Fraudulent services
Copyright Infringement, Trademark Infringement, and violation of a third party's terms of service reported to NowCast
Adult oriented services, Pornographic, Inappropriate/Obscene

Spam, nonsense, or violent or deceptive Casts
Casts misleading to Buyers or others
Reselling of regulated goods
Offering to prepare academic works on behalf of Buyers
Services that extend beyond 30 days of service duration
Exceedingly low quality Casts
Promoting NowCast and/or NowCast Casts through activities that are prohibited by any laws, regulations, and/or third parties' terms of service, as well as through any marketing activity that negatively affects our relationships with our users or partners.
Casts that are removed for violations mentioned above, may result in the suspension of the Seller’s account.
Casts that are removed for violations are not eligible to be restored or edited.
Casts may be removed from our Search feature due to poor performance and/or user misconduct.
Casts may include pre-approved website URLs contained within the cast description and requirements box. Casts referring to websites promoting content, which violates NowCast’s Terms of Service and/or our Community Standards, will be removed.

Casts are required to have an appropriate image related to the service offered. An option to upload two additional images are available to all Sellers. Sellers must deliver the same quality of service as shown on their Cast images. Recurring deliveries that don’t match the quality shown on the Castimages may lead to the Seller’s account losing Seller status or becoming permanently disabled.

Casts may contain an approved video uploaded through the site.

User Conduct and Protection
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NowCasts enables people around the world to create, share, sell and purchase any live video service they need. Services offered on NowCast reflect the diversity of an expanding live video economy. Members of the NowCast community communicate and engage through casts, social media, and on NowCast’s Community Forums.

Nowcast are not able to fully monitor interactions done on the site. Content consumed through Nowcast is given "as-is", with no guarantee or warantee on its correctness, how appropriate it is for a consuming user. Nowcast does not take responsibility for any participation on the site, and users should consume content on Nowcast on their own responsibility. 

NowCast maintains a friendly, community spirited, and professional environment. Users should keep to that spirit while participating in any activity or extensions of NowCast. This section relates to the expected conduct users should adhere to while interacting with each other on NowCast.

To report a violation of our Terms of Service and/or our Community Standards, User Misconduct, or inquiries regarding your account, please contact our Customer Support team.

Basics
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Under no circumstance does NowCast accept any responsibility for any harm resulting in use of the platform or in activities connecting to using the platform, including any Casts / NowCasts or anything transpiring during or in connection to any other user on the platform or the platform itself. Specifically, NowCast does not take any responsibility for financial, physical, emotional, or any other kind of harm up to and including physical injury or death or personal reputation. NowCasts stresses the responsibility for using the platform is on the user and the user alone. All services are given as-is with no guarantee. 

Furthermore, neither NowCast nor any seller holds any responsibility for any damage or harm, up to and including physical, emotional, social, financial or any other kind of harm, up to and including irreversible physical damage or death, that is incurred directly or indirectly as part of consuming content on Nowcast or otherwise engaging with the Site or with Sellers via the Site. This includes any physical action taken as part of instructions or interactions between Buyers and Sellers. Specifically, Nowcast offers programs relating to physical exercise. 

Nowcast is specifically not responsible for any physical harm occurring during or while participating in physical activities, classes, groups or instruction on or via the site. It is the user's responsibility to verify they are in appropriate physical condition and to maintain their own health. Any physical suggestions or instructions by Sellers are to be taken with no warranty of correctness or health. Nowcast and Sellers are NOT ABLE to verify a user's health before, during, or after casts. Any user which suffers from ANY PRIOR CONDITION or ANY PHYSICAL PROBLEM should consult a doctor and avoid using relevant Nowcast activites for physical activity. In any case you are unsure if a program is fit for you, you should consult a doctor. 

To protect our users' privacy, user identities are kept anonymous unless the user chooses otherwise. Requesting or providing email or social media addresses, phone numbers or any other personal contact details to communicate outside of NowCast in order to circumvent or abuse the NowCast messaging system or NowCast platform is not permitted and is considered a violation of the terms of service. 

Any necessary exchange of personal information required to continue a service may be exchanged within NowCast.

NowCast does not provide protection for users who interact outside of the NowCast platform.

Rude, abusive, improper language, or violent messages will not be tolerated and may result in an account warning or the suspension/removal of your account.

NowCast is open to everyone. Discrimination against a community member based on gender, race, age, religious affiliation, sexual preference or otherwise is not acceptable and may result in the suspension/removal of your account.

Users may submit proposals or solicit parties introduced through NowCast to contract, engage with, or pay outside of NowCast.

NowCasts
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Sellers warrant that any content included in their Casts shall be live video, original work conceived by the Sellers and shall not infringe any third party rights, including, without limitation, copyrights, trademarks or service marks. In the event that certain music or stock-footage media are incorporated within the Casts, Sellers represent and warrant that they hold a valid license to use such music and/or footage and to include them in the Casts.

NowCast will respond to clear and complete notices of alleged copyright or trademark infringement. 

Any digital content uploaded to the site is assumed to be done so legally by the uploading user, and that they have the legal rights to do so. Any submission of content to which the submitting user does not hold the legal rights for is considered a violation of the terms of service and will be removed immediately upon receiving notice.

Reporting Violations
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We encourage any user who detects a violation of intellectual property or any other inappropriate or troubling behaviour on the platform of any kind to immediately report it to us at reports@nowcast.co. We encourage any user with any suspicion to be in touch with us and help us maintain a wholesome community. 

Violations
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Users may receive a warning to their account for violations of our Terms of Service and/or our Community Standards or any user misconduct reported to our Trust and Safety team. A warning will be sent to the user's email address and will be displayed for such user on the Site. Warnings do not limit account activity, but can lead to your account losing Seller statuses or becoming permanently disabled based on the severity of the violation.

Non-Permitted Usage
Adult content & pornography - Nowcast does not allow usage of its site for adult content or pornography.

Langue and behaviour - communication on NowCast should be friendly, constructive, and professional. NowCast condemns bullying, harassment, and hate speech. Nowcast allows various messaging and review systems between users, and any harmful language used in any of these platforms shall be deemed a violation of the terms of service and justification for termination of offending user's account. 

Privacy - you may use Nowcast anonmyously as long as you do not need remittance of funds. Once you need remittance of funds, we reserve the right to employ a Know-Your-Customer procedure as mandated by law before remitting any funds. 

Any users who engage and communicate off of NowCast will not be protected by our Terms of Service.

Authentic NowCast Profile - You may not create a false identity on NowCast, misrepresent your identity, create a NowCast profile for anyone other than yourself (a real person), or use or attempt to use another user’s account or information; Your profile information, including your description, skills, location, etc., while may be kept anonymous, must be accurate and complete and may not be misleading, illegal, offensive or otherwise harmful. NowCast reserves the right to require users to go through a verification process in order to use the Site (including requesting verification by ID, phone, camera, or any other means).

Intellectual Property Claims - NowCast will respond to clear and complete notices of alleged copyright or trademark infringement, and/or violation of third party’s terms of service. 

Fraud / Unlawful Use - You may not use NowCast for any unlawful purposes or to conduct illegal activities.

Abuse and Spam
Multiple Accounts - To prevent fraud and abuse, users are limited to one active account. Any additional account determined to be created to circumvent guidelines, promote competitive advantages, or mislead the NowCast community will be disabled. Mass account creation may result in disabling of all related accounts. Note: any violations of NowCast’s Terms of Service and/or our Community Standards is a cause for permanent suspension of all accounts.

Targeted Abuse - We do not tolerate users who engage in targeted abuse or harassment towards other users on NowCast. This includes creating new multiple accounts to harass members through our message or ordering system.

Selling Accounts - You may not buy or sell NowCast accounts.

Proprietary Restrictions

The Site, including its general layout, design and content, is exclusively owned by NowCast, Inc. and protected by copyright and trademark law. NowCast®, NowCasts® and Casts® are all registered trademarks owned exclusively by NowCast. Users have no right, and specifically agree not to do the following with respect to the Site or any part, component or extension of the Site (including our mobile applications): (i) copy, transfer, adapt, modify, distribute or reproduce it, in any manner; (ii) reverse assemble, decompile, reverse engineer or otherwise attempt to derive its source code, underlying ideas, algorithms, structure or organization; (iii) modify or create derivative works; (iv) remove any copyright notice, identification or any other proprietary notices, or; (v) use the Site in any manner that could damage, disable, overburden or impair the Site, or interfere with any other users’ enjoyment of the Site. Users also agree not to permit or authorize anyone else to do any of the foregoing.

Feedback Rights
To the extent that you provide NowCast with any comments, suggestions or other feedback regarding the NowCast platform or the Site as a whole, as well as other NowCast products or services (collective, the “Feedback”), you will be deemed to have granted NowCast an exclusive, royalty-free, fully paid up, perpetual, irrevocable, worldwide ownership rights in the Feedback. NowCast is under no obligation to implement any Feedback it may receive from users.

Confidentiality
Sellers should recognize that there might be a need for Buyers to disclose certain confidential information to be used by Sellers for the purpose of delivering the ordered work, and to protect such confidential information from unauthorized use and disclosure. Therefore, Sellers agree to treat any information received from Buyers as highly sensitive, top secret and classified material. Without derogating from the generality of the above, Sellers specifically agree to (i) maintain all such information in strict confidence; (ii) not disclose the information to any third parties; (iii) not use the information for any purpose except for delivering the ordered work; and (vi) not to copy or reproduce any of the information without the Buyer’s permission.

General Terms

NowCast reserves the right to put any account on hold or permanently disable accounts due to breach of these Terms of Service and/or our Community Standards or due to any illegal or inappropriate use of the Site or services.

Violation of NowCast's Terms of Service and/or our Community Standards may get your account disabled permanently.

Users with disabled accounts will not be able to sell or buy on NowCast.

Users who have violated our Terms of Service and/or our Community Standards and had their account disabled may contact our Customer Support team for more information surrounding the violation and status of the account.

Users have the option to enable account Security features to protect their account from any unauthorized usage.

Users must be able to verify their account ownership through Customer Support by providing materials that prove ownership of that account.

NowCast may make changes to its Terms of Service from time to time. When these changes are made, NowCast will make a new copy of the terms of service available on this page.

You understand and agree that if you use NowCast after the date on which the Terms of Service have changed, NowCast will treat your use as acceptance of the updated Terms of Service.

User Generated Content
User Generated Content ("UGC") refers to the content added by users as opposed to content created by the Site. All content uploaded to NowCast by our users (Buyers and Sellers) is User Generated Content. NowCast does not check user uploaded/created content for appropriateness, violations of copyright, trademarks, other rights or violations. We invite everyone to report violations together with proof of ownership as appropriate. Reported violating content may be removed or disabled.

Furthermore, NowCast is not responsible for the content, quality or the level of service provided by the Sellers. We provide no warranty with respect to the Casts, their delivery, or any communications between Buyers and Sellers. We encourage users to take advantage of our rating system, our community and common sense in choosing appropriate services.

By offering a service, the Seller undertakes that he/she has sufficient permissions, rights and/or licenses to provide, sell or resell the service that is offered via NowCast. 

For specific terms related to Intellectual Property rights and for reporting claims of copyright infringement (DMCA notices) or trademark infringement - please see our Intellectual Property Claims Policy which forms an integral part of these Terms of Service. Note that it is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

Ownership

Furthermore, users (both Buyers and Sellers) agree that unless they explicitly indicate otherwise, the content users voluntarily create/upload to NowCast, including cast texts, photos, videos, usernames, user photos, user videos and any other information, including the display of delivered work, may be used by NowCast for no consideration for marketing and/or other purposes.

Disclaimer of Warranties
YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER NOWCAST NOR ANY PERSON ASSOCIATED WITH NOWCAST MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.


Limitation on Liability

IN NO EVENT WILL NOWCAST, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

IN ACCEPTING LIABILITY AS THE LIMITED AUTHORIZED PAYMENT COLLECTION AGENT OF SELLER, NOWCAST AND ITS AFFILIATES ASSUME NO LIABILITY FOR ANY ACTS OR OMISSIONS OF SELLER.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
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