Godcaster Terms of Service

Last updated: 1 November 2024

Godcaster Terms of Service & Use

Welcome to Godcaster, a service for assembling and displaying on demand programming, provided by Capstone eMedia Group LLC (“Godcaster”, “we”, “our”, or “us.”). These Terms of Use (“Terms“) explain our obligations as a service provider and your obligations as a customer (“you” or “your”). Please read them carefully.

These Terms apply to (a) our mobile and desktop web app, all related players, widgets, tools, features, applications, data, dashboards, back-ends, APIs (collectively, the “Player“), and (b) our implementation, consulting and managed services (“Professional Services“) and to your use of each of them.

These Terms, together with any other terms specifically referred to in a Service Order or any related Proposal, all of which are incorporated by reference into these Terms of Use, constitute a legally binding contract (the “Agreement”), between you and Godcaster in relation to your use of the Player (together, the “Platform”) and our Professional Services.

Acceptance of Terms of Service & Use

By accessing or using the Platform, or by streaming, uploading or downloading any information or Content from or to the Platform, you represent and warrant that you have read and understood the Terms of Use and will abide by them. If you are agreeing to these terms as an individual “you” refers to you individually. If you are agreeing to these terms as a representative of an entity, you represent that you have the authority to bind that entity and “you” refers to that entity.

If you do not agree with all of these terms, do not access or otherwise use the Player or Professional Services.

How the Platform Works

Godcaster is a fully featured web app for websites that enables you to specialize in the organization and display of spoken-word audio and video on demand from your own website via:

RSS Feeds. The Platform works with the open, standard world of podcasts. The Platform parses the RSS feed from podcasters and downloads episodes directly from the podcaster’s servers to each of your end-users (“Listeners”).

We get you started with a selection of several hundred of the most popular Christian and family friendly podcasts at no cost, which you are free to use.

As used herein, Content (“Content” or “Data“) means any and all audio, video, RSS data, text, photos, pictures, graphics, comments, and other content, data or information that you or other authorized third parties store, transmit, submit, exchange or make available to or via the Platform.

1. USE AND ORDERING OF PLAYER AND PROFESSIONAL SERVICES

Ordering Direct. You can order our Player or Professional Services by requesting an order online or in person to a Godcaster representative and selecting from the alternative ways in which Player and Professional Services can be provided (“Service Order, or Order“). Any proposal that details or expands use of the Player and Services incorporates these Terms.

Service Orders. These Terms apply whether you purchase our Player or Professional Services direct or through a Godcaster authorized reseller (“Reseller“). If you purchase through a Reseller, your Service Order shall be as stated in the Order and accepted by us. We are not bound by any obligations to you other than what we specify in these Terms, Service Order or related Proposal.

Users. You will be able to authorize others to use your account and the Player, including staff and customers (“Users”). You accept responsibility for the actions of each person that you authorize or enable to operate your User account, or to use the Player.

2. YOUR OBLIGATIONS

Player – Third Party Hosted. Subject to the provisions of these Terms, we grant you a non-exclusive, non-transferable license (with no right to sublicense) to install and use our Player solely on the website(s) specified in the Service Order, and for the Term. You are not permitted to install or use the Player on any other website without our prior written consent.

You are responsible for installing and implementing the Player, unless you have elected to acquire Professional Services that include implementation services. You may create copies of the Player only to the extent reasonably necessary to install, operate, and back up the Player for use in accordance with these Terms, and to create archival copies as required for the normal operation of your systems.

Professional Services. Subject to the provisions of these Terms, we will provide you with the Professional Services set out in an applicable Proposal and/or Agreement. We may subcontract the performance of any Professional Services or any support and maintenance services, but we will remain responsible to you for the delivery of those services.

Restrictions. You shall be solely responsible for your actions and the actions of your Users while using the Player. Unless expressly stated otherwise in these Terms:

you and your users may only use the Player for your business purposes;
you and your users must not license, sub-license, reproduce, modify, create derivative works of, sell, exploit, rent, lease, transfer, assign, distribute or disclose the Player or or any part of them;
you and your users must not modify, reverse engineer, disassemble, decompile, reverse compile, attempt to extract the source code or otherwise try to access, overload, interfere with, reproduce or otherwise harm the operation of the Player;
you and your users must not modify, attack, disrupt, circumvent or otherwise interfere with or harm any Player, security technology, encryption measures or other material used by us to provide or control access to the Player;
you and your users must maintain and not alter or remove any copyright, trademark or other protective or legal notice in the Platform and/or Documentation or in any copy of or any component of either of them; and
you must not directly or indirectly assist or permit any other person to do any of these things.

Acceptable use. You agree not to use the Player to post, upload, email, transmit, display or make available in any way Content or material that:

violates any third party proprietary or intellectual property right, including but not limited to patent, trademark, trade secret, copyright, privacy, publicity or other rights of any person or entity;
is unlawful, false, fraudulent, intentionally misleading, harassing, abusive, tortious, threatening, harmful, invasive of another person’s privacy, vulgar, defamatory, trade libelous, pornographic, obscene, patently offensive, or physical harm of any kind against any group or individual, constitutes or encourages conduct that would constitute a criminal offense;
is harmful to minors in any way;
contains, discloses or intends to solicit personal data of a third party;
contains any virus, Trojan horse, worm, time bomb or any other computer code, files or programs designed to damage, interfere with, intercept, misappropriate, gain control over or limit the functionality of any computer, computer network, communications device, communications system, data or personal information;
uses data mining, robots, web scraping or other data gathering devices or activities for the purpose of obtaining Content, data or other information from the Platform for a use not expressly permitted by these Terms; or
comprises unsolicited or unauthorized advertising, such as spam, junk mail and chain letters.

We neither endorse the contents of your Data nor assume any responsibility to monitor, review or edit User or third party Content for any illegal or offensive material contained therein, any infringement of third party Intellectual Property Rights (as defined in Section 5 below) arising therefrom or any crime facilitated thereby. We reserve the right to remove any Content uploaded, posted, stored or transmitted using the Player by you or your users that we reasonably believe contravenes these Terms, without notice to you.

3. OUR OBLIGATIONS

Godcaster agrees to: (a) operate and make available to User the Platform and Professional Services in accordance with this Agreement including any current Order; (b) obtain and provide to User sufficient service as required for use of the Service at User’s expense pursuant to the rates set forth by Godcaster in the current Order; and (c) perform any other obligations expressly identified in this Agreement including any current Order.

Support Services. We will provide help desk assistance during reasonable support times regarding the installation and implementation of the Platform, updates, enhancements, or maintenance, including the Player, and other reasonable technical support without further charge to User. For services that are beyond those reasonably required for the maintenance and support of the Platform, you may request such services from us by separate Order and on compensation terms as set forth in such Order.

Error Correction and Response. We will make reasonable commercial efforts to correct and resolve “Errors,” defined as a reproducible failure, that you report to us. You will promptly provide us with all information requested to reproduce such Errors. Any User problem that requires a modification to the Licensed Software source code, or new functionality, will not be considered an Error as defined in this Agreement. For purposes of this Agreement, a “response” means our acknowledgment of an Error, and does not necessarily mean that a resolution will be achieved.

Limitations on Godcaster Support Obligations. Notwithstanding anything to the contrary elsewhere in this Agreement, Godcaster will have no obligation to provide any support services to User if: (i) Such support relates to or involves any products, data, features, devices or equipment not provided by Godcaster; (ii) User or a third party has altered or modified any portion of the Platform in any manner; (iii) User has not installed or used the Platform, its updates and enhancements in accordance with instructions provided, including any installation or implementation procedures; (iv) A party other than Godcaster or its authorized agent has serviced the Platform and it no longer conforms to its specifications; or (vi) User is not in full compliance with the other terms of this Agreement or any other agreement between Godcaster and User.

4. USING GODCASTER FOR CONTENT

All Content provided through the use of Godcaster shall be consistent with Godcaster’s intended Christian and conservative themes. Godcaster shall have the full and unrestricted right, in its sole discretion, to determine whether any material contained in any part of the Content selected and/or scheduled by its Customers meets this criteria.

Content Provided by Godcaster.

RSS Feeds. We provide Content in the Platform through the submission of an XML-based standard web rich site summary feed format (“RSS Feed”). There are no terms to agree to, no rights to give up, and no loss of control over the Content or its distribution. Godcaster parses the RSS feed, downloads episodes directly from the Content Provider’s (“Provider”) servers to each listener, and doesn’t interfere with the content at all. We do not control or monitor the Content made available in the Platform by RSS, other than to make it available, and do not guarantee the accuracy, integrity, or quality of such Content.

Third Party Providers (“Providers”). Third party Content provided by us is protected by the laws in force on intellectual property rights and by related international treaties. Unless otherwise stated, use of any Content is permitted exclusively within the limits set forth in the present clause. Godcaster grants the User, for the entire duration of the Agreement, a non-assignable and non-exclusive license for the use of such content.

Content Provided by User.

Any and all audio, video, RSS Feeds, text, photos, pictures, graphics, comments, and other content, data or information that you or your authorized third parties upload, store, transmit, submit, exchange or make available to or via the Platform (hereinafter “Your Content”) is generated by you, or third party Providers, and is either owned by you or controlled by you and not by Godcaster.

Godcaster does not claim any ownership rights in Your Content, and you hereby expressly acknowledge and agree that Your Content remains your sole responsibility.

Grant of License. By installing Your Content feeds to the Platform, you initiate an automated process to process Your Content, and direct Godcaster to make available such Content on our Platform, from where you may control and authorize the use, transmission, distribution, public display, and public performance, on the Player and elsewhere using our Platform. To the extent it is necessary in order for us to provide you with any of the aforementioned services, to undertake any of the tasks set forth in these Terms, including the distribution of advertising or other promotional material on our Platform and/or to enable your use of the Platform, you hereby grant such licenses to Godcaster on a limited, worldwide, non-exclusive, royalty-free and fully paid basis.

By using the Platform, you and your third party Providers also grant a limited, worldwide, non-exclusive, royalty-free, fully paid up, license to other users of the Platform, and to operators and users of any other websites and players to which Your Content has been shared or embedded using the Platform, to use, repost, transmit or otherwise distribute, publicly display, publicly perform, adapt and make available Your Content utilizing the features of the Platform, and within the parameters set by you with Godcaster.

Removal of Content from your account will automatically result in the deletion of the relevant files from our systems and servers. However, notwithstanding the foregoing, you hereby acknowledge and agree that once Your Content is distributed to another User, Godcaster is not obligated to ensure the deletion of Your Content from any servers or systems operated by the users, or to require that any User of the Platform deletes any item of Your Content.

Third party Content is or may be subject to copyright, trademark rights or other intellectual property or proprietary rights.

Representation and Warranties. You hereby represent and warrant to Godcaster as follows:

You have obtained all rights, licenses, consents and permissions necessary in order to use at any and all times during any applicable use, and (if and where relevant) to authorize Godcaster to use Your Content pursuant to these Terms of Use, including, without limitation, the right to upload, reproduce, store, transmit, distribute, share, publicly display, publicly perform and make available Your Content, and each and every part thereof, on, through or via the Platform and its users.
Your Content and the availability thereof on the Platform does not and will not infringe or violate the rights of any third party, including, without limitation, any intellectual property rights, performers’ rights, rights of privacy or publicity, or rights in confidential information.
(iii)Your Content does not and will not create any liability on the part of Godcaster, its subsidiaries, affiliates, successors, and assigns, and their respective employees, agents, directors, officers and/or shareholders. Godcaster reserves the right to remove Your Content, suspend or terminate your access to the Platform and/or pursue all legal remedies if we believe that any of Your Content breaches any of the foregoing representations or warranties, or otherwise infringes another person’s rights or violates any law, rule or regulation.

Liability for Content. You hereby acknowledge and agree that Godcaster (i) stores content and other information at the direction, request and with the authorization of its users, (ii) acts merely as a passive conduit for the storage and distribution of such content. You are solely responsible for all of Your Content that you upload, post or distribute to, on or through the Platform, and to the extent permissible by law, Godcaster excludes all liability with respect to all Content (including Your Content) and the activities of its users with respect thereto.

You hereby acknowledge and agree that Godcaster cannot and does not review the Content created or uploaded by its users, and neither Godcaster nor its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders has any obligation, and may, but does not undertake or assume any duty to, monitor the Platform for content that is inappropriate, that does or might infringe any third party rights, or has otherwise been uploaded in breach of these Terms of Use or applicable law.

Godcaster and its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders hereby exclude, to the fullest extent permitted by law, any and all liability which may arise from any content uploaded to the Platform by users, including, but not limited to, any claims for infringement of intellectual property rights, rights of privacy or publicity rights, any claims relating to publication of defamatory, or obscene material, or any claims relating to the completeness, accuracy, currency or reliability of any information provided by users of the Platform. By using the Platform, you irrevocably waive the right to assert any claim with respect to any of the foregoing against Godcaster or any of its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders.

Reporting Infringements. We respect the intellectual property rights of Content Providers.

In appropriate circumstances and at our sole discretion, we may terminate and/or disable a Customer suspected to be infringing the copyrights (or other intellectual property rights) of others. Additionally, in appropriate circumstances and in our sole discretion, we may remove or disable access to material on any of our Players or hosted on our systems that may be infringing or the subject of infringing activity.

In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), we will respond promptly to claims of copyright infringement that are reported to us by clicking the “Contact Us” link on our Website.
If you are a copyright owner (or authorized to act on behalf of the copyright owner) and believe that your work’s copyright has been infringed, please report your notice of infringement to us by providing us with a written notification of claimed infringement that includes substantially the following information:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single Website are covered by a single notification, a representative list of such works at that Website;
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 us to locate the material;
Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
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.

We will investigate notices of copyright infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.

Widgets. You may include links to the Platform or include our widgets in your website according to the following terms:

You may embed our widgets in your website or in a third-party web space.
It is your sole responsibility to make sure that you have permission to embed our widgets in third-party site.
(iii)You must not use any Content provided by us or any other User or third-party except as expressly permitted in these Terms & Conditions or without prior written permission from us.

5. PLATFORM LICENSE AND INTELLECTUAL PROPERTY RIGHTS

License. Godcaster grants User a revocable, personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the Platform and/or any other technical means embedded in the Platform provided by Godcaster. This license is for the sole purpose of enabling users to use the Platform and in doing so within the limits and in compliance with this Agreement and/or any other applicable rules. User is required to use the Platform in accordance with Godcaster’s intellectual and intellectual property rights. The Player related to the Platform, like any other copyright or other intellectual property rights, are the exclusive property of Godcaster and/or its licensors. User does not acquire any right or title with respect to the Platform, and acknowledges that their use is non-exclusive and non-assignable, only for the duration of the Platform usage, via remote connectivity, via Internet, for the provision of the Platform under the Agreement. The right to use the Platform does not grant any rights to the original source codes. All techniques, algorithms, and procedures contained in the Platform and their documentation are information protected by copyright and sole property of Godcaster or its licensors, and therefore may not be used in any way by the User for purposes other than those set forth in these Terms. All rights and license grants to the User shall immediately terminate upon any termination or expiration of this Agreement.

Business name and logo. You grant us a non-exclusive, worldwide, royalty-free and irrevocable license to place and remove your business name, logo and industry type on our website and any of our marketing collateral. These Terms do not grant you the right to use any of our branding or logos, whether for commercial or non-commercial use.

6. TERM AND TERMINATION

Term. The period for which you are permitted to use the Player or Professional Services shall be as specified in a Service Order (“Order“) and may include a minimum initial term commencing on the date of an Oder or Proposal and renewal terms (“Renewal Term“).

Renewal. IMPORTANT NOTICE: AFTER THE INITIAL TERM, AND FOLLOWING THE END OF EACH SUBSEQUENT RENEWAL TERM, UNLESS OTHERWISE SPECIFIED, THE TERM OF THIS AGREEMENT WILL BE AUTOMATICALLY RENEWED FOR A FURTHER RENEWAL TERM. IF YOU HAVE PROVIDED US WITH DIRECT DEBIT AUTHORIZATION, THE FEES FOR THE RENEWAL TERM WILL AUTOMATICALLY BE DEDUCTED FROM YOUR NOMINATED BANK ACCOUNT AT THE COMMENCEMENT OF THE RENEWAL TERM UNLESS YOU HAVE AGREED TO A PAYMENT PLAN WITH US, IN WHICH CASE YOUR PAYMENT PLAN WILL ROLLOVER AND CONTINUE FOR THE RENEWAL TERM. IF YOU DO NOT WANT THE TERM TO AUTOMATICALLY RENEW FOR A FURTHER RENEWAL TERM, YOU MUST NOTIFY US AT LEAST 30 DAYS BEFORE THE START OF THE NEXT RENEWAL TERM.

Suspension or cancellation for breach. We may suspend your access to the Player or Professional Services without notice to you if we reasonably believe that you or your any of your users have breached these Terms. Any suspension pursuant to this clause will not entitle you to any refund, credit or right to terminate these Terms. We will notify you of such a breach and our actions.

Termination for material breach. Either party may terminate their obligations pursuant to these Terms at any time immediately, or at such later date as that party chooses, by written notice to the other party if (a) the other party materially breaches these Terms; or (b) if you infringe our Intellectual Property Rights. A breach of these Terms by one of your users shall be deemed a breach of these terms by you. Termination of this agreement by us will result in the cancellation of your access to the Player or Professional Services and the deletion of all material that you or your users have installed in the course of using the Player (“Your Data“). Any cancellation pursuant to this clause will not entitle you to any refund or credit. We are not responsible for any loss suffered by you or any third party as a result of our deletion of Your Data pursuant to this clause. We will notify you of such a breach and our actions.

Cease use. Upon termination or expiration of the Term for any reason, you and your users must cease all use of the Player and the Documentation. Within 30 days after termination or expiration of the Term, you must, at our election, either destroy or return to us all copies of the Player, Documentation and our Confidential Information then in your possession, custody or control.

7. FEES

Usage fees. Your Order will set out the fees and other charges payable by you for use of Player and in respect of any Professional Services (“Fees“). Fees payable, including but not limited to monthly subscription fees, are subject to change upon 30 days’ notice from us, unless otherwise stated in an Order. Unless otherwise specified, the Fees payable are exclusive of fees for technical support.

Initial fees. If specified in the Order, fees may be payable upfront prior to commencement of an Player license. If so, once we have received any initial Fees, we will provide you with the applicable login details by sending these to the primary contact email address nominated on the Order. You acknowledge that your right to use any Player is conditional upon us having received payment of Fees specified in an Order.

Payment terms. You agree to pay all Fees in accordance with these Terms. We require you to provide valid credit card or direct debit details in order to make Fee payments. Fees are billed monthly in USD, unless otherwise specified. If no payment terms are specified, the Fees must be paid within 30 days from the date of receipt of an applicable invoice. Except as expressly provided in these Terms, and to the extent permitted by law, all Fees and any other amounts paid or payable under these Terms are non-refundable, non-cancellable and not subject to any credits. For the avoidance of doubt, no refunds or credits will be provided for unused access to the Player or in respect of changes in usage levels or usage limits.

Sales tax. All Fees payable under these Terms are inclusive of any sales tax, value added tax or goods and services tax (“Sales Tax“) that is payable on any supply made under these Terms by us to you.

8. LIABILITY

Performance warranty. We warrant that (i) the Player shall perform materially in accordance with the requirements and specifications agreed in these Terms and any Enterprise Proposal or Enterprise Agreement and (ii) except as otherwise provided in these Terms, the functionality of the Player will not be materially decreased during the Term. For any breach of either such warranty, your exclusive remedy shall be the re-supply of the Player, or a refund of a reasonable amount of Fees to compensate for the decreased functionality, at our option.

Capacity warranty. Each party represents and warrants that it has the legal power to enter into these Terms.

DISCLAIMER. EXCEPT AS EXPRESSLY PROVIDED HEREIN, NEITHER PARTY MAKES ANY REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND EACH PARTY SPECIFICALLY DISCLAIMS ALL IMPLIED REPRESENTATIONS, WARRANTIES, CONDITIONS AND GUARANTEES INCLUDING ANY REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

LIABILITY CAP. TO THE EXTENT PERMITTED BY LAW, OUR CUMULATIVE LIABILITY TO YOU IN RESPECT OF ALL CLAIMS MADE BY YOU UNDER OR IN CONNECTION WITH THESE TERMS, WHETHER ARISING OUT OF BREACH OF CONTRACT, NEGLIGENCE OR ANY OTHER TORT, MISREPRESENTATION, UNDER STATUTE OR OTHERWISE, WILL NOT EXCEED IN THE AGGREGATE THE AMOUNT PAID BY YOU TO US FOR Player, AND PROFESSIONAL SERVICES IN THE 12 MONTHS IMMEDIATELY PRECEDING THE CLAIM.

NO CONSEQUENTIAL LOSS LIABILITY. IN NO EVENT SHALL EITHER PARTY HAVE ANY LIABILITY TO THE OTHER PARTY FOR ANY LOST PROFITS OR REVENUES, LOSS OF DATA, LOSS ARISING FROM INTERRUPTION TO BUSINESS, LOSS OF GOODWILL OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES HOWEVER CAUSED, WHETHER IN CONTRACT, TORT, MISREPRESENTATION OR UNDER ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Definition of Claim. In these Terms, Claim means claim, cause of action, suit, proceedings, judgment, debt, fine, penalty, damage, loss, cost, expense or liability of any kind.

9. GENERAL

Governing law. These Terms and the rights and obligations of the parties to and under these Terms shall be governed by and construed under the laws of the United States and the State of Texas. Any and all disputes arising out of or related to this Agreement or performance hereof, shall be brought exclusively in the Federal or state courts sitting in Houston, Montgomery County, Texas and the parties hereby waive any objection thereto and agree to submit themselves to the jurisdiction of said courts; User and Godcaster each waive any right to a jury trial in connection with any and all disputes arising out of or related to this Agreement. Notwithstanding any law providing a longer statute of limitations, any claim or cause of action arising out of or related to this Agreement and/or your Use of the Platform and Professional Services must be filed within 1 year after such claim or cause of action arose, without regard to the date such claim or cause of action was discovered, or such claim or cause of action shall be forever barred.

Force majeure. Neither party shall be responsible for failure or delay of performance of an obligation if caused by (i) an act of war, terror, hostility or sabotage, (ii) an act of God, flood, fire or earthquake, (iii) electrical, Internet, or telecommunication outage or any other problem that is not caused by the obligated party, (iv) government restrictions (including the denial or cancellation of any license), or any other event outside the reasonable control of the party with that obligation (“Force Majeure Events“). Each party will use reasonable efforts to mitigate the effect of a Force Majeure Event. If such event continues for more than thirty (30) days, either party may terminate the Term upon written notice. This clause does not excuse either party of its obligations to take reasonable steps to mitigate the effects of a Force Majeure Event.

Notices. All notices under this Agreement must be in writing and delivered either by hand, e-mail, certified mail (return receipt requested, postage pre-paid) or nationally recognized overnight delivery service (all delivery charges pre-paid) and addressed, if to User to the contact identified in User’s most recent Order and, if to us, to Godcaster, 233 Lake View Circle, Montgomery, TX, 77356.

Export. The Player utilizes technology that may be subject to United States, Canadian and other foreign export controls. You must comply with those controls and laws.

Entire agreement. These Terms (and any addendums (with appendices), documents or web links incorporated by reference) are the entire agreement between us and you regarding the Player and Professional Services and supersede all prior agreements, discussions, and representations regarding the subject matter hereof.

Conflict. In the event of any conflict or inconsistency between the terms of this Agreement and the subject matter of any Addendum, the terms of this Agreement will prevail, but only to the extent of that inconsistency or conflict.

Severability. If any provision of these Terms shall be deemed invalid, illegal, void or for any reason unenforceable, that provision shall be deemed to be severable and shall not affect the validity or enforceability of any other provision.

Independent contractors. The parties are independent contractors and these Terms do not create a relationship of employment, agency, joint venture or partnership between the parties.

No assignment. You may not, whether by merger, acquisition, sale of assets, operation of law, or otherwise, assign your rights or delegate your obligations under these Terms without our prior written consent.

Amendment must be in writing. An amendment of these Terms by you may only be agreed in writing signed by us.

No waiver. The failure of either party to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by such party in writing.

Survival. The following provisions will survive any termination or expiration of the Term: confidentiality and data protection, intellectual property rights, fees, liability, and general.

Please feel free to contact us if you have any questions about Godcaster Terms of Service. You may contact us at info@godcaster.fm or at our mailing address below:

Godcaster
233 Lake View Circle
Montgomery, TX 77356