Terms and Conditions

 

These terms and conditions ("Terms of Service") govern your access to and use of MuchCast products, software, services, and website (collectively "services"), and any and all information, text, graphics, photos or other materials uploaded, downloaded, or appearing on the services (collectively "content"). By accessing and using the services, you are agreeing to be bound by these Terms of Service. If you do not agree to be bound by these Terms of Service, you are not allowed to use the services. Wherever used in these Terms of Service, "you", "your" or similar terms mean the person or legal entity utilizing or accessing the services. MuchCast, may update and change the Terms of Service from time to time without notice. Continued use of the service after any such changes shall constitute your consent to such changes. You are responsible for regularly reviewing the most current version of the Terms of Service which are currently available at: https://www.muchcast.com/ tos. These Terms of Service include MuchCast privacy policy which is currently available at: https://www.muchcast.com/privacy . By accessing and using the services you are consenting to (or promising that you have obtained appropriate consent for) the collection and use of personal information by MuchCast. in accordance with MuchCast privacy policy.

Basic Terms

• You are responsible for your use of the services and for any content accessed or made available to others through your account (even if that content is accessed or made available by others). You take all risks associated with the services and any content accessed or made available to others through your account. MuchCast will not be held responsible for your use of the services or for any such content.

• To access or use the services, you must be able to form a binding contract with MuchCast.

• MuchCast may change the services or stop providing them (temporarily or permanently) at any time and from time to time without notice.

• You acknowledge that the services allow you to access and use content and services offered by third party service providers (e.g. Twitter). You must agree to comply with the relevant terms and conditions of any such third party service provider.

• Your access to and use of the services must be in accordance with these Terms of Service. If you violate these Terms of Service, you are no longer permitted to use the services and MuchCast, may (but has no obligation to) terminate your ability to access or use the services at any time.

 

Your Account

• You must sign-up/sign-in with your valid Twitter account.

• You are responsible for maintaining the security of your account login information and for any activities or actions occurring under your account. MuchCast, will not be responsible for any loss or damages resulting from your failure to comply with this obligation.

• Each account login may only be used by one person - a single login shared by multiple people is not permitted.

• You must be a human. Accounts registered by "bots" or other automated methods are not permitted.

 

Use and Restrictions

• You may only use the services to: (a) access content on MuchCast application; and (b) access, manage and obtain information about your accounts with Third Party Service Providers in accordance with these Terms of Service and any terms specified by the Third Party Service Providers.

• You may not access or search or attempt to access or search the services by any means (automated or otherwise) except through MuchCast currently available interfaces.

• You may not use the services for any illegal or unauthorized purpose, including in any way that violates copyright or other laws applicable in your respective country.

• You may not use the services in a way that is detrimental to the operation of the services or the access or use of the services by anyone else. This restriction applies to any use that interferes or attempts to interfere with the normal operations of the services, including by hacking, deleting, augmenting or altering the services or any content.

• You may not, without MuchCast’s prior written permission (including the permissions granted by these Terms of Service): (a) copy, distribute (including by framing any of the services on any web site), modify, enhance, translate, reproduce, sell, resell, sublicense, rent, lease, or otherwise attempt to exploit the services; (b) decompile, disassemble, reverse engineer, or otherwise attempt to discover the source code (except to the extent that this restriction is expressly prohibited by law); (c) make derivative works of the services; or (d) modify another website so as to falsely imply that it is associated with the services, MuchCast or any other MuchCast products or services.

• For Twitter Search Sentiment Analytics, MuchCast uses machine learning concepts. These analytics are for referential purposes only. These analytics may be used for commercial purposes and redistributed. They come with no warranty of any sort. MuchCast is not liable for any loss caused due to use of the said analytics.

• Our tool depends on the Twitter API. All the restrictions imposed by Twitter API will be applicable.

• We provide tweets text from Twitter as it is i.e we do not edit/modify/trim tweets text in any way. By using our service, you understand that the data is being fetched from Twitter and MuchCast will not be responsible for any discrepancy in tweets text.

 

Content

• You understand that by using the services you may be exposed to content that might be unlawful, offensive, harmful, inaccurate, or otherwise inappropriate or deceptive. MuchCast does not pre-screen content and cannot be responsible for the content accessed or made available to others through the services.

• MuchCast and its designees have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the services. MuchCast may (but has no obligation to) remove content and accounts containing content that MuchCast determines in its sole discretion to be unlawful, offensive, harmful, inaccurate, or otherwise inappropriate or deceptive (including content that MuchCast determines in its sole discretion to: (a) be libelous, defamatory, pornographic, obscene, or otherwise objectionable; or (b) violate any party's intellectual property).

• MuchCast does not permit verbal, physical, written or other abuse (including threats of abuse or retribution) of any MuchCast customer, employee, member, or officer. Engaging in any such behavior may at MuchCast sole discretion result in the immediate termination or your account.

• You must not upload, post, host, transmit or otherwise make available to others unsolicited email, SMSs, or "spam" messages through the services.

• You must not transmit or otherwise make available to others any worms or viruses or any code of a destructive nature ("Viruses") through the services.

 

Public Beta 30 Day Period Special Terms

Period : (Valid from 2017/12/28 - 2017/1/30)

• You hereby agree to use MuchCast within this public beta period, and we grant you a limited right to use the Services for our Beta Testing purposes during the applicable testing period.

• During this period you agree to provide suggestions, comments, or other feedback with respect to the Beta Services as reasonably requested, including ideas for modifications and enhancements, You hereby assign us all rights, title, and interest in and to the Beta Feedback. All Beta Services and your Beta Feedback are MuchCast’s Confidential Information, and MuchCast may use your Beta Feedback in advertising and promotional materials with your prior  consent (not to be unreasonably withheld)

• We reserve the right to modify Beta Services or terminate your participation in Beta Testing for any reason, without liability to you. We will use commercially reasonable efforts to provide you with reasonable advance notice of such termination.

• You acknowledge that the within this period of Beta Services are not at the level of performance or compatibility of a final, generally available product offering, or withdrawn. We are under no obligation to provide technical support with regards to the Beta Services, and we provide no assurance that any specific errors or performance issues in the Beta Services will be corrected; and

• the use of MuchCast during this period of Public Beta, services are provided as on an “as is” and “as available” basis without any warranties or conditions of any kind, whether express, implied, statutory or otherwise. Use of the Beta Services is at your sole risk. In no event will we be liable to you or a damage whatsoever arising out of the use or inability use the Services within this release.

Ownership and Licenses

• MuchCast and its licensors retain title to and ownership of all rights (including copyright, trade-mark, patent, trade secret and all other intellectual property rights) in and to the services and MuchCast content. You acquire no rights whatsoever to all or any part of the services except for the limited use rights granted by these Terms of Services. All rights not expressly granted to you are reserved to MuchCast and its licensors.

• We claim no intellectual property rights over the content made available to others through your account. Additionally, your profile and other content you provide to MuchCast in connection with the services remain yours. However, by making that content available to others through the services, or providing it to MuchCast through the services, you grant MuchCast a worldwide, non-exclusive, royalty-free, fully paid up license (with a right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such content through any or all media or distribution methods (whether now known or hereafter developed). You also acknowledge that the purpose of the services is to access the services of Third Party Service Providers, and that as a result you are agreeing to grant to MuchCast any and all other rights you grant to applicable Third Party Service Providers.

 

Disclaimer and Limitation of Liability

THE SERVICES ARE PROVIDED "AS IS", "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTIES, REPRESENTATIONS OR CONDITIONS OF ANY KIND. USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. MUCHCAST DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS ABOUT THE QUALITY, ACCURACY, SECURITY, RELIABILITY, COMPLETENESS, QUIET ENJOYMENT, CURRENCY, OR TIMELINESS OF THE SERVICES. MUCHCAST DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY INCOMPLETENESS, ERRORS, SECURITY, VIRUSES, BUGS, PROBLEMS, OMISSIONS, INACCURACIES OR OTHER LIMITATIONS IN, OR INTERRUPTIONS IN THE OPERATION OF, THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, MUCHCAST DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THE SERVICES WHETHER EXPRESS, IMPLIED OR COLLATERAL, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR THAT THE SERVICES ARE OR WILL BE SECURE, COMPLETE OR FREE OF ERRORS, VIRUSES, BUGS, PROBLEMS OR OTHER LIMITATIONS OR WILL OPERATE WITHOUT INTERRUPTION. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. MUCHCAST DISCLAIMS ALL LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE, GROSS NEGLIGENCE OR WILFUL MISCONDUCT), PRODUCT LIABILITY, STRICT LIABILITY, STATUTORY LIABILITY, BREACH OF A FUNDAMENTAL TERM, FUNDAMENTAL BREACH, OR ANY OTHER LEGAL THEORY, FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION ANY (I) DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE LOSS OR DAMAGE, (II) LOST PROFITS OR SAVINGS, (III) BUSINESS INTERRUPTION, (IV) LOSS OF PROGRAMS OR DATA (INCLUDING ANY CONTENT), (V) LOST REVENUE OR FAILURE TO REALIZE EXPECTED SAVINGS, (VI) LOSS OF USE, (VII) PERSONAL INJURY, (VIII) FINES, FEES, PENALTIES, OR (VI) ANY OTHER LOSSES OR DAMAGES WHETHER OR NOT MUCHCAST IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THE USE OF, OR THE INABILITY TO MAKE USE OF, THE SERVICES.

General Conditions

• You understand that MuchCast uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the services.

• You understand that the technical processing and transmission of the services, including your content, may be transferred unencrypted and involve: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

• The failure of MuchCast to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and MuchCast, governs your use of the services, superseding any prior agreements between you and MuchCast (including, but not limited to, any prior versions of the Terms of Service). A printed version of these Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Subject to MuchCast ability to amend these Terms of Service, they cannot be changed.

• If any of the provisions contained in these Terms of Service are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms of Service and such determination shall not affect the remaining provisions contained herein.

• You may not assign these Terms of Service or any of your rights or obligations under these Terms of Service to a third party. Subject to the foregoing, these Terms of Service shall ensure to the benefit of and be binding upon you and MuchCast and their respective successors (including any successor by reason of amalgamation) and assigns.

• You agree that if you sue MuchCast and do not obtain judgment in your favour, you will pay all of MuchCast costs, including reasonable fees for in-house and outside legal counsel.

• These laws apply to your access to or use of the services, notwithstanding your domicile, residency or physical location. The services are intended for use only in jurisdictions where they may lawfully be offered for use.

• It is the express wish of the parties that these Terms of Service and all related documents be drawn up in English.

 

Any questions about these Terms and Conditions should be addressed to hello@muchcast.com