Castocity Terms of Service
Last modified: May 24, 2017
Welcome to the Podcasting RESULTS
Thanks for using our Castocity System (Castocity), a unique software application perfectly suited for organizations that want to achieve and maintain preeminence in their market. The Castocity System is provided by Big Fish Results, Inc. (“Big Fish Results”) located at 5 Division Street, Building D, East Greenwich RI, 02818, United States.
By using our Castocity System, you are agreeing to these terms. Please read them carefully. Additional terms are also available, and those additional terms become part of your agreement with us if you use our Castocity System.
Using our Castocity System
You must follow any policies and procedures made available to you within the Castocity System.
Don’t misuse our Castocity System. For example, don’t interfere with our Castocity System or try to access the data contained within the Castocity System using a method other than the interface and the instructions that we provide you. We may suspend or stop providing our Castocity System to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.
Using our Castocity System does not give you ownership of any intellectual property rights in our Castocity System or all of the content you access. You may not use content from our Castocity System unless you obtain permission from Big Fish Results, or are otherwise permitted by law. These terms do not grant you the right to use any terms, branding or logos used in our Castocity System. Don’t remove, obscure, or alter any legal notices displayed within our Castocity System.
Our Castocity System may display some content that is not Big Fish Results’ property. This content is the sole responsibility of the entity that makes it available to us via APIs. We may review content from time to time to determine whether it is illegal or violates our policies, and we may remove or refuse to display certain content that we no longer view as helpful, or that reasonably believe violates our policies or the law.
In connection with your use of the Castocity System, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.
Your Castocity System Account
You will need your own Big Fish Results User Account in order to use all or some of the Castocity System. Big Fish Results will always provide registration access for the creation of your User Account. If you are using a Big Fish Results User Account assigned to you by someone different then Big Fish Results (e.g., passed to you from within the company you work for or partner with), you must stop using that User Account and ask us at Big Fish Results to supply you your own User Account or registration link.
To protect your Big Fish Results User Account, keep your password confidential. You are responsible for the activity that happens on or through your Big Fish Results User Account. Try not to reuse your Big Fish Results User Account password on third-party applications.
Privacy and Copyright Protection
Your Content in our Castocity System
Our Castocity System allows you to upload, submit, store, share or receive content. You retain ownership of any intellectual property rights that you hold in that content. In short, what belongs to you stays yours.
When you upload, submit, store, send or receive content to or through our Castocity System, you give Big Fish Results (and those we work with) a license to use, host, store, modify and create derivative works, and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our company’s digital marketing campaigns and initiatives.
If you have a Big Fish Results User Account, we may display your Profile name, Profile photo, and actions you take on the Castocity System, including displaying your ads and other commercial contexts.
About our Castocity System Software
When updates to our Castocity System requires or includes additional software, this software may update automatically for you once a new version or feature is available.
Big Fish Results gives you a personal, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Big Fish Results, which is included in the Castocity System. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Castocity System as provided by Big Fish Results, in the manner permitted by these terms. You may not copy, take digital snapshots, modify, distribute, sell, or lease any part of our Castocity System or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission to do so.
Modifying our Castocity System
We are constantly changing and improving our Castocity System. We may add or remove functionalities or features, and we may suspend or stop a particular functionality altogether.
You can stop using our Castocity System at any time, although we’ll be sorry to see you do that. Big Fish Results may also stop providing our Castocity System to you, or add or create new limits to your use of our Castocity SYSTEM at any time.
We believe that you own your proprietary data and preserving your access to such data is important. If we discontinue your use of the Castocity System, where reasonably possible, we will give you reasonable advance notice and a chance to get your proprietary information out of the Castocity System.
Our Warranties and Disclaimers
We provide our Castocity System using a commercially reasonable level of skill and care and we hope that you will enjoy using it. However, there are certain things that we don’t promise about our Castocity System.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER BIG FISH RESULTS NOR ITS PRINCIPALS, PARTNERS AND EMPLOYEES MAKE ANY SPECIFIC PROMISES ABOUT THE Castocity SYSTEM. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE Castocity SYSTEM, THE SPECIFIC FUNCTIONS OF THE Castocity SYSTEM, OR THE RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE A HIGHLY FUNCTIONAL AND USEFUL PRODUCT. THE Castocity SYSTEM IS OFFERED TO YOU, “AS IS”.
Liability for our Castocity System
WHEN PERMITTED BY LAW, BIG FISH RESULTS, AND BIG FISH RESULTS’ PARTNERS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF BIG FISH RESULTS, AND ITS PARTNERS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE Castocity SYSTEM (OR, IF WE CHOOSE, TO SUPPLYING YOU THE Castocity SYSTEM AGAIN).
IN ALL CASES, BIG FISH RESULTS, AND ITS PARTNERS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
Business use of our Castocity System
Whether you use our Castocity System on behalf of your own business, or for one (or more) of your client’s business, you accept all of these Terms of Service. You will hold harmless and indemnify Big Fish Results and its affiliates, officers, agents, partners and employees from any claim, suit or action arising from or related to the use of the Castocity System or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
About these Terms
We may modify these terms or any additional terms that apply to our Castocity System, for example, terms that reflect changes to the law or changes specifically to our Castocity System. We’ll post notice of modifications to these terms on this page. Changes will not apply retroactively and will become effective no sooner than seven days after they are posted. However, changes addressing new functions for the Castocity System made for legal reasons will be effective immediately. If you do not agree to the modified terms of the Castocity System at any time, you should discontinue your use of the service.
These terms control the relationship between Big Fish Results and you. They do not create any third party beneficiary rights.
If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).
If it turns out that a particular term is not enforceable, this will not affect any other terms.
The laws of the state of Rhode Island, U.S.A. will apply to any disputes arising out of or relating to these terms or the Castocity System. All claims arising out of or relating to these terms or the Castocity System will be litigated exclusively in the federal or state courts of Providence, RI, USA, and you and Big Fish Results consent to personal jurisdiction in those courts.
For information about how to contact Big Fish Results, please visit our contact page.