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.::Terms of Use::.
Terms of Use
TERMS OF USE FOR OVERCASTMEDIA.COM
Welcome to OvercastMedia.com! Overcast Media Inc. ("Overcast Media") maintains the Web site located at www.OvercastMedia.com.com and allows visitors to use it subject to the following terms and conditions (the "Terms"). BY USING THIS WEB SITE, INCLUDING THE INFORMATION AND SERVICE THAT IT OFFERS (COLLECTIVELY, THE "SITE"), YOU ACCEPT THE TERMS AND ANY MODIFICATIONS THAT MAY BE MADE TO THE TERMS FROM TIME TO TIME; IF YOU DO NOT AGREE TO THE TERMS YOU MAY NOT USE THE SITE. Overcast Media reserves the right to modify these Terms periodically, without prior notice. If you have any questions about your obligations under this Agreement, email staff@overcastmedia.com.
1. Use of Content on the Site. Any unauthorized use of the Site terminates the permission or license granted by Overcast Media. You may download, listen to, and view content from the Site as long as you only use the content for your personal, non-commercial purposes and as long as you do not modify or alter the content in any way. You may not republish, distribute, prepare derivative works, or otherwise use the content of the Site other than as expressly permitted by these Terms.
2. Access Limits. Without Overcast Media's express written consent, you may not (a) use any automated means to access the Site or collect any information from the Site (including, without limitation, robots, spiders or scripts), or (b) frame the Site, utilize framing techniques to enclose any service mark, logo, or other proprietary information, place pop-up windows over its pages, or otherwise affect the display of its pages. This means, among other activities, that you agree not to engage in the practices of "screen scraping," "database scraping," or any other activity with the purpose of obtaining lists of users or other information.
You may not use any meta tags or any other "hidden text" utilizing Overcast Media's name or service marks without the express written consent of Overcast Media. You may not use any Overcast Media logo or other proprietary graphic or service mark as part of a link without express written permission from Overcast Media.
You agree that you will not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use or enjoyment of the Site.
3. No Resale of the Site. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, use of the Site, or access to the Site.
4. Termination. Overcast Media, in its sole discretion, may terminate your use of the Site for any reason, including, without limitation, if Overcast Media believes that you have violated or acted inconsistently with the letter or spirit of these Terms. Overcast Media may also in its sole discretion and at any time discontinue providing the Site, or any part thereof, with or without notice. Overcast Media will not be liable to you or any third-party for any termination of your access to the Site.
5. Indemnity. You agree to indemnify and hold Overcast Media, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site, your connection to the Site, your violation of these Terms, or your violation of any rights of another.
6. Dealings with Advertisers or Partners. Your correspondence or business dealings with, or participation in promotions of, advertisers or partners found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or partner. You agree that Overcast Media is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or partners on the Site.
7. Links. The Site may contain, or third parties may provide, links to other World Wide Web sites or resources that are beyond Overcast Media's control. Overcast Media makes no representations as to the quality, suitability, functionality or legality of any sites to which links may be provided, and you hereby waive any claim you might have against Overcast Media, with respect to such sites. OVERCAST MEDIA IS NOT RESPONSIBLE FOR THE CONTENT ON THE INTERNET OR WORLD WIDE WEB PAGES THAT ARE CONTAINED OUTSIDE THE SITE.
8. No Warranty. THE SITE AND OVERCAST MEDIA'S SERVICES ARE PROVIDED "AS IS," AND OVERCAST MEDIA AND ITS SUPPLIERS AND CO-BRAND PARTNERS EXPRESSLY DISCLAIM ALL WARRANTIES OR CONDITIONS OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY), INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Without limiting the foregoing, Overcast Media does not promise or warrant to you that any aspect of the Site will work properly or will be available continuously. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights, which vary from state to state.
9. Liability Limits. IN NO EVENT WILL OVERCAST MEDIA OR ITS SUPPLIERS OR CO-BRAND PARTNERS BE LIABLE FOR ANY LOST PROFITS OR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THE SITE, ITS SERVICES OR THIS AGREEMENT. FURTHER, IN NO EVENT WILL OVERCAST MEDIA OR ITS SUPPLIERS OR CO-BRAND PARTNERS BE LIABLE TO YOU IN AN AMOUNT GREATER THAN $500. Some states do not allow the foregoing limitations of liability, so they may not apply to you.
10. Governing Law and Arbitration. All matters relating to your access to and use of the Site are governed in all respects by the laws of the State of Washington as such laws are applied to agreements entered into and to be performed entirely within Washington between Washington residents. Any controversy or claim arising out of or relating to these Terms or the Site will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim must be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in King County, Washington, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. The award of the arbitrator will be final and binding upon the parties without appeal or review except as permitted by Washington law. Notwithstanding the foregoing, either party may seek any interim or preliminary relief from a court of competent jurisdiction in King County, Washington as necessary to protect the party's rights or property pending the completion of arbitration. By using the Site, you consent and submit to the exclusive jurisdiction and venue of the state and federal courts located in King County, Washington.
11. Claims of Copyright Infringement. Overcast Media respects the intellectual property rights of others, and requires that the people who use the Site do the same. It is Overcast Media's policy to respond promptly to claims of intellectual property misuse. If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, you may notify Overcast Media by providing Overcast Media's copyright agent with the following information in writing:
1. the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf;
2. identification of the copyrighted work that you claim has been infringed;
3. identification of the material that is claimed to be infringing and information reasonably sufficient to permit Overcast Media to locate the material;
4. your name, address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. a statement made under penalty of perjury that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.
If Overcast Media receives such a claim, Overcast Media reserves the right to refuse or delete content as described under these Terms and to terminate a user's account.
Our designated agent to receive notification of claimed infringement under the Digital Millennium Copyright Act of 1998 ("DMCA") is:
Overcast Media Inc.
P.O. Box 30785
Seattle, WA 98103
Attn: Copyright Infringement
After receiving a claim of infringement, Overcast Media will process and investigate notices of alleged infringement and will take appropriate actions under the DMCA and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, Overcast Media will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity, and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. Overcast Media will take reasonable steps promptly to notify the user that Overcast Media has removed or disabled access to such material.
Upon receipt of a proper counter notification under the DMCA, Overcast Media will promptly provide the person who provided the initial notification of claimed infringement with a copy of the counter notification and inform that person that Overcast Media will replace the removed material or cease disabling access to it in 10 business days.
Unless Overcast Media's designated agent first receives notice from the person who submitted the initial notification that such person has filed an action seeking a court order to restrain the user from engaging in infringing activity relating to the material on the Site or the Services, Overcast Media will replace the removed material and cease disabling access to it.
You may provide Overcast Media with a counter notification by providing Overcast Media's copyright agent the following information in writing:
1. your physical or electronic signature;
2. identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
3. a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
4. your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which Overcast Media may be found and that you will accept service of process from the person who provided the initial notification of infringement.
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