Terms of Service

Preamble

By accessing this website (including all material contained therein), you declare your assent to the following terms and conditions as well as our acceptable use policy. Please read them carefully.

Access

By accessing the Ishcast website, you certify that

• you're using Ishcast solely for personal, non-commercial purposes;
• you will not copy or distribute any part of the website without NULLIVEX LLC's prior written authorization;
• you will fully comply with the terms and conditions of these terms of service as well as our acceptable use policy
• Intellectual Property Rights

  The Ishcast website, except all user submissions (as defined below), including without limitation, the text, software, visuals, sounds, music, videos, interactive features and the like ("content") and the trademarks, service marks and logos contained therein ("marks"), are owned by or licensed to NULLIVEX LLC. You may not use, copy, reproduce, distribute, broadcast, display, sell, license, or otherwise exploit them for any other purposes without the prior written consent of their respective owners.

  User Submissions

  A. Ishcast allows its users to submit video or other material and the hosting, sharing, and/or publishing of such submissions. You shall be solely responsible for your own submissions and the consequences of posting or publishing them. In connection with your submissions, you affirm/warrant that:

  • you own or have the necessary licenses, rights, consents, and permissions to use and authorize NULLIVEX LLC to use all patent, trademark, trade secret, copyright or other proprietary rights in and to all submissions to enable inclusion and use of the submissions in the manner contemplated by these terms of service; and you have the written consent, release, and/or permission of each and every identifiable person in the submission to use the name or likeness of each individual for use in your submissions in the manner contemplated by these terms of service. You retain all of your ownership rights in your submissions. However, by submitting the material to Ishcast, you grant a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the submission in connection with the Ishcast website and business. The license granted by you terminates once you delete the submission from the Ishcast website.

  B. You further agree that you will not:

  • submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant NULLIVEX LLC all of the license rights granted herein;
  • publish falsehoods or misrepresentations that could damage NULLIVEX LLC or any third party;
  • submit material that is unlawful, threatening, harassing, hateful, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
  • post advertisements or solicitations of business;
  • impersonate another person.
  • submit adult-oriented material

  NULLIVEX LLC does not endorse any user submission, and expressly disclaims any and all liability in connection with user submissions. NULLIVEX LLC does not permit copyright infringing activities or infringement of intellectual property rights on its website, and will promptly and without prior notice remove all content and user submissions if properly notified of infringements on third party's intellectual property rights. Repeat infringers will have their user access terminated.

  C. If you are a copyright owner or an agent thereof and believe that any user submission or other content infringes upon your rights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our DMCA agent with the following information in electronic form (see 17 U.S.C. 512 (3) for further detail):

  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
  • Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

  E. You understand that when using the Ishcast website, you will be exposed to user submissions from a wide variety of sources, and that NULLIVEX LLC is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such submissions. You further understand and acknowledge that you may be exposed to user submissions that are inaccurate, indecent, offensive, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against NULLIVEX LLC with respect thereto, and agree to indemnify and hold NULLIVEX LLC and its owners, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

  F. NULLIVEX LLC permits you to link to materials on the Ishcast website for personal, non-commercial purposes only. In addition, Ishcast provides an "embeddable player" feature, which you may incorporate into your own personal, non-commercial websites for use in accessing the materials contained on the Ishcast website. NULLIVEX LLC reserves the right to discontinue any aspect of the Ishcast website at any time and for any reason.

  Warranty Disclaimer

  YOU AGREE THAT YOUR USE OF THE Ishcast WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, NULLIVEX LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. NULLIVEX LLC MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY

  • ERRORS, MISTAKES, OR INACCURACIES OFCONTENT,
  • PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE,
  • ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
  • ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR
  • ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE Ishcast WEBSITE.

  NULLIVEX LLC DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE Ishcast WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND NULLIVEX LLC 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.

  Limitation of Liability

  IN NO EVENT SHALL NULLIVEX LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY

  • ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,
  • PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE,
  • ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
  • ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE,
  • ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR
  • ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE Ishcast VIDEO WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ORNOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

  THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

  YOU SPECIFICALLY ACKNOWLEDGE THAT NULLIVEX LLC SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

  General

  These terms of service, together with the privacy notice and any other legal notices published on the Ishcast website, shall constitute the entire agreement between you and NULLIVEX LLC. If any provision of these terms of service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms of service, which shall remain in full force and effect. No waiver of any term of this these terms of service shall be deemed a further or continuing waiver of such term or any other term, and NULLIVEX LLC's failure to assert any right or provision under these terms of service shall not constitute a waiver of such right or provision. NULLIVEX LLC reserves the right to amend these terms of service at any time and without notice, and it is your responsibility to review these terms of service for any changes. Your use of the Ishcast website following any amendment of these terms of service will signify your assent to and acceptance of its revised terms.