By using the MoadCast website you agree to be bound by these terms and conditions (“Terms”) and, in particular, you agree and accept the disclaimers and limitations of liability in the Terms and Conditions. If you do not agree to and accept these Terms and Conditions please leave this webiste immediately.
1. These terms will apply to the web pages and content belonging to www.moadcast.co.uk and www.moadcast.com (hereinafter called “MoadCast website”) of Moadcast Limited (hereinafter called “MoadCast”).
2. All intellectual property rights (including copyright) in the design, text, graphics and other material on the MoadCast website are owned by MoadCast. The contents of the MoadCast website are the copyright of MoadCast.
3. The MoadCast website is protected under applicable copyright laws. MoadCast, the MoadCast logo and any other names and symbols of MoadCast’s products and services (including the purple toad) referred to on MoadCast website are trade marks of MoadCast and are protected under applicable copyright laws. All rights resevrved.
4. MoadCast website and its content (including, but not limited to, MoadCast branding, logos, text, presentations, figures, images, sounds, advertising messages, information and communications contained on or available through MoadCast website) are maintained and provided by MoadCast.
5. The contents of the MoadCast website cannot be reproduced, modified, transferred, distributed, republished, downloaded, posted, stored or transmitted in any form or by any means including but not limited to electronic, mechanical photocopying or recording without the prior written permission of MoadCast.
6. Modifications to the contents of MoadCast website are expressly prohibited.
7. You agree that the material and content contained within or provided by the MoadCast website is for your own personal use only and may not be used for commercial purposes or distributed commercially.
8. MoadCast will use reasonable endeavours to maintain the MoadCast website in a fully operating condition. MoadCast reserve the right to make subsequent changes to the MoadCast website and services or withdraw access to them. MoadCast assumes no responsibility whatsoever for third party sites and pages accessible through links on MoadCast website, or for information included therein.
9. The MoadCast website is provided “as is” basis and make no representations or warranties of any kind with respect to the contents of the site, the materials or services, and disclaim all such representations and warranties. In addition, we make no representations or warranties about the accuracy, completeness, or suitability for any purpose of the information and any related content published on the MoadCast website.
10. MoadCast shall not be liable to any party for any compensatory, direct, indirect, special, consequential, punitive or other damages or losses caused by materials included in MoadCast website or modification of the materials, or for damages caused by the use of MoadCast website or inability to use or access the MoadCast website.
11. Certain links, including hypertext links, in our site (and transmitted via a MoadCast Message) will take you outside our site. Links are provided for your convenience and inclusion of any link does not imply endorsement, recommendation or approval by MoadCast of the linked site, its operator or its content. We are not responsible or liable in any way whatsoever for the content of any website outside our control.
12. By submitting any material to MoadCast via the MoadCast website, via email or otherwise, you do so in the knowledge that MoadCast may use, reproduce, display, copy, modify, distribute or create a derivative work from that content and materials in any form. You warrant that the material is fit for publication, fit for purpose and agree to indemnify us if any third party takes action against us in relation to the material that you submit.
13. To join MoadCast as a subscriber and or member (MoadCaster) you must be at least 16 years of age and by using the MoadCast website you agree to this important condition. Subscription is FREE - no costs are charged whatsoever.
14. MoadCast reserves the right to suspend and or terminate your membership at any time without notice. To suspend or cancel your MoadCast Account just click on the relevant suspend or cancel buttons within your MoadCast Account.
15. You warrant MoadCast may publish the material you submit and/or make use of it or any concepts described in it in our products or services without liability and you agree not to take action against us in relation to it.
16. You agree not to use the MoadCast website to transmit or post any material which is defamatory, offensive or obscene or menacing in character, or which may in our judgement cause nuisance, annoyance or inconvenience to MoadCast or which is illegal.
17. During the registration process or at any subsequent time when you may answer questions or when “cookies” may be used we may collect and process the personal information you have provided. We may use the information we have collected for improving and running the MoadCast website.
18. We follow appropriate security procedures and in the storage of personal information so as to prevent unauthorised access by third parties. However, the Internet is not a totally secure medium and you acknowledge and agree that, to the fullest extent permitted by law, we shall not be responsible for any unauthorised use, distribution, damage and destruction of personal data.
19. The MoadCast website uses “Cookie” information collection technology. Cookies may also be used by advertisers and agencies that post adverts to the MoadCast website or by other third parties to which we link. If you do not wish to receive cookies, it is your responsibility to contact us or use a browser which does not (or is configured not to) accept cookies (which may then limit the functionality of the MoadCast website).
20. We reserve the right at any time without notice to revise the content of our site (including the services offered by us) and these Terms and Conditions. Any changes to these Terms will be posted on the MoadCast website and, by you continuing to use our site following such change you will signify that you agree to be bound by the revised terms and conditions of use.
21. We reserve the right in our sole discretion to deny users access to our site or any part of the MoadCast site without notice and to decline to provide any services to any user that is in breach of these Terms.
22. If any court holds any provision of these Terms to be void or unenforceable, it shall be deleted and the remaining provisions shall continue in full force and effect.
23. Advertising rate card costs and advertise revenue share rebates will be as published on the MoadCast web site. MoadCast reserves the right at any time to amend the advertising rate card costs and advertising revenue share rebates without notice.
24. Advertising revenue share rebates paid to MoadCast subscribers (MoadCasters) amount up to a maximum of 5p per received MoadCast Message; equivalent of 20% of the gross advertising rate card paid by the Advertisers. A maximum amount of up to 7p per MoadCast Message is paid by taking advantage of the MoadCast Affiliate Marketing Partners (1p) and Friends and Family Programme (1p). Example - 5p per MoadCast Message + 1p + 1p = 7p.
25. Affiliate Marketing Partners - TBC
26. All MoadCast subscribers joining via a "Affiliate Marketing Programme" via our Affiliate Marketing Partners will enjoy an additional 1p per MoadCast Message (in addition to Item 24 above) received for the first 1000 MoadCast Messages received via the MoadCast platform.
27. Friends and Family marketing scheme will offer the introducing MoadCast subscriber a maximum of up to an additional 1p per message (an additional 25% increase in revenue share per MoadCast Message - from 5p to 6p) for every MoadCast Message received by Friends and Family for the first 12 months of the Friends and Family MoadCast subscription. Friends and Family member numbers assigned to each single introducing MoadCast Account is unlimited.
28. These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.
29. MoadCast are the proprietor of the MoadCast trade marks in the UK. All other trade marks, product names and company names or logos used in the MoadCast website are our property or that of their respective owners. No permission is given by us in respect of the use of any such trade marks, get-up, product names, company names, logos, strap lines or titles and such use may constitute an infrigement of the holder’s rights.
30. MoadCast will NOT rent, sell or disclose your personal information or contact details to third parties for their own use. For more information please refer to the MoadCast Privacy Policy.
31. All ‘MoadCast Messages’ are marketing communications which come within the remit of the British Code of Advertising, Sales Promotion and Direct Marketing (the CAP Code). It is ultimately the advertisers’ responsibility to ensure that the proposed outbound advertising marketing messages (MoadCast Messages) are compliant with the CAP Code. Advertisers’ by using MoadCast must ensure their marketing messages comply with the CAP Code. The CAP Code can be found by visiting - www.copyadvice.org.uk
32. Contact MoadCast - customercare@moadcast.com