These terms and conditions (“Terms”, “Agreement”) are an agreement between Dubscape Incorporated, dba Webcast & Beyond (“Dubscape Incorporated, dba Webcast & Beyond”, “us”, “we” or “our”) and you (“User”, “you” or “your”). This Agreement sets forth the general terms and conditions of your use of the webcastandbeyond.com website and any of its products or services (collectively, “Website” or “Services”).
You authorize us to broadcast and/or record your event according to the terms specified in the Service Agreement in effect for your engagement. If no such Service Agreement has been issued then the terms specified in the invoice for your engagement shall apply. Furthermore you acknowledge that you hold the broadcast rights to said event and indemnify us from any claims of infringement.
You agree to hold us harmless for any services provided by you or your representatives that fail to perform properly at the time we use them on your behalf. This includes but is not limited to: electrical power, internet providers, audio/visual providers, your streaming accounts, sufficient access and set-up time, proper lighting, and security.
Although we take every precaution to ensure a successful broadcast, in the unlikely situation where we are unable to broadcast your event live due to circumstances beyond our control such as internet/server outages, our remedy is to provide a re-broadcast or an on-demand on-line recording of the event within 24 hours.
We shall have a lien on all content we create on your behalf for the balance due on your account with us.
You hereby grant to us the right to exhibit to others the work we perform for you, including the publication of an excerpt on our website for the limited purpose of demonstrating our work product and capabilities, except where prohibited according to any non-disclosure agreements in effect or privacy infringements as set forth in the Service Agreement for your event.
We reserve the right to publish your name and/or logo for work we have performed on your behalf except where a non-disclosure agreement prohibits such disclosure.
You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. If, in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase. We reserve the right to change products and product pricing at any time. We also reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, product shipping charges, availability, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Website or on any related Service is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Website including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website should be taken to indicate that all information on the Website or on any related Service has been modified or updated.
If you decide to enable, access or use third-party services, be advised that your access and use of such other services are governed solely by the terms and conditions of such other services, and we do not endorse, are not responsible or liable for, and make no representations as to any aspect of such other services, including, without limitation, their content or the manner in which they handle data (including your data) or any interaction between you and the provider of such other services. You irrevocably waive any claim against Dubscape Incorporated, dba Webcast & Beyond with respect to such other services. Dubscape Incorporated, dba Webcast & Beyond is not liable for any damage or loss caused or alleged to be caused by or in connection with your enablement, access or use of any such other services, or your reliance on the privacy practices, data security processes or other policies of such other services. You may be required to register for or log into such other services on their respective websites. By enabling any other services, you are expressly permitting Dubscape Incorporated, dba Webcast & Beyond to disclose your data as necessary to facilitate the use or enablement of such other service.
We are not responsible for Content residing on the Website. In no event shall we be held liable for any loss of any Content. Notwithstanding the foregoing, on some occasions and in certain circumstances, with absolutely no obligation, we may be able to restore some or all of your data that has been deleted as of a certain date and time when we may have backed up data for our own purposes. We make no guarantee that the data you need will be available.
Although this Website may be linked to other websites, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked website, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their websites. We do not assume any responsibility or liability for the actions, products, services, and content of any other third-parties. You should carefully review the legal statements and other conditions of use of any website which you access through a link from this Website. Your linking to any other off-site websites is at your own risk.
This Agreement does not transfer to you any intellectual property owned by Dubscape Incorporated, dba Webcast & Beyond or third-parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Dubscape Incorporated, dba Webcast & Beyond. All trademarks, service marks, graphics and logos used in connection with our Website or Services, are trademarks or registered trademarks of Dubscape Incorporated, dba Webcast & Beyond or Dubscape Incorporated, dba Webcast & Beyond licensors. Other trademarks, service marks, graphics and logos used in connection with our Website or Services may be the trademarks of other third-parties. Your use of our Website and Services grants you no right or license to reproduce or otherwise use any Dubscape Incorporated, dba Webcast & Beyond or third-party trademarks.
To the fullest extent permitted by applicable law, in no event will Dubscape Incorporated, dba Webcast & Beyond, its affiliates, officers, directors, employees, agents, suppliers or licensors be liable to any person for (a): any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use or content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if Dubscape Incorporated, dba Webcast & Beyond has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of Dubscape Incorporated, dba Webcast & Beyond and its affiliates, officers, employees, agents, suppliers and licensors, relating to the services will be limited to an amount greater of one dollar or any amounts actually paid in cash by you to Dubscape Incorporated, dba Webcast & Beyond for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.
You agree to indemnify and hold Dubscape Incorporated, dba Webcast & Beyond and its affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website or Services or any willful misconduct on your part.
All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
This Agreement is governed by California law and sets forth our entire agreement for rendering services and sale of products.
We reserve the right to modify this Agreement or its policies relating to the Website or Services at any time, effective upon posting of an updated version of this Agreement on the Website. When we do, we will revise the updated date at the bottom of this page. Continued use of the Website after any such changes shall constitute your consent to such changes.
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By using the Website or its Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Website and its Services.
If you have any questions about this Agreement, please contact us.
Send email inquiries to: firstname.lastname@example.org
This document was last updated on March 1, 2019