Last updated as of 1 May 2017.
BigCast Sdn Bhd d/b/a BigCast and its affiliates, successors and assigns ("BigCast" or "Company" or we" or "us") is the owner and operator of the website available at http://bigcast.my/ ("Website"), and the platform, dashboard, features, data, information, tools, updates, code, software, mobile applications ("App" or "Apps"), e-mail notifications, newsletters, blog posts, products, or any other services or materials provided by us (collectively, "Service" or "Services." For the avoidance of doubt, the Website is included in the Services).
If you are agreeing to these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and affiliates. In that case, the terms "you" or "your" shall also refer to such entity and affiliates. If you do not have such authority, you may not use the Services.
BY ACCESSING THE SERVICES YOU AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SERVICES.
If you have questions about the Terms or any of our policies, please contact us at email@example.com.
From time to time, we will review and update the Terms. You should review these Terms each time you use the Services. Any new features added to the current Services will be subject to these Terms. We will notify you of any updates here, and by posting an announcement on the Dashboard once after you log into the Services and link to the updated Terms. You will be deemed to have accepted these Terms, as updated, if you continue to use the Services after you receive such notice.
In order to use the Services, you must (1) be 18 or older, or be 13 or older and have your parent or guardian's consent to these Terms, (2) have the ability to enter into a binding contract with us and not be barred from doing so under any applicable laws, and (3) agree that you will not use the Services in any country or in any manner prohibited by any laws, restrictions, or regulations that apply to you, including Malaysia export control laws and/or foreign laws, restrictions, or regulations.
If you are a competitor or acting on behalf of a competitor of BigCast, you do not have the right to access the Services.
We may change our eligibility criteria at any time, and reserve the right, but are not obligated, to further limit access to the Services to any person, entity, geographic region, or jurisdiction.
While you may access some of the Services without registration, access to many features requires registration. As a registered Member of the Services, you may act in the following capacities:
Account registration requires you to submit to BigCast certain personal information, such as your name, e-mail address, password, and mailing address. Influencers must register via one of the Channels and agree to allow us to access and publically share certain information made available via the Channels. Members may be required to provide a valid payment and/or payout method which may include credit card, PayPal, direct deposit, wire transfer, and/or other banking information, and you authorize us to charge, deduct from, send and receive transfers, or make payouts to such accounts.
Advertisers must subscribe to the Services by either (1) entering into a Basic (3 months), Standard (6 months) or Advanced (12 months) package agreement directly on the Services or (2) entering into a separate Subscription Agreement with us. If you are an Advertiser, we may contact you after you complete the registration form and may send you a proposed Subscription Agreement, which will include a fee proposal and other subscription terms. Advertisers must provide valid credit card billing information and agree to be charged fees in accordance with a package plan or their Subscription Agreement in order to use the Services.
Please review our termination policy (set forth in Section 5, below) before you subscribe to the Services.
Taxes and Fees.
Members agree to pay all applicable fees and taxes related to use of the Services. Some payment or payout methods may involve the use of third-party processors, which may impose additional charges on you, for which you are solely responsible.
Your earnings may be subject to income and other taxes. We may require that you provide us with certain taxpayer information, if and when necessary. At our discretion and as required by law, we may provide you with a summary of your reportable earnings via the Services. You are solely responsible for any applicable sales or tax and for reporting any taxable income to the tax authorities in your jurisdiction.
Accurate Account Information.
You agree to provide us with complete, accurate, and updated account and profile information. Incorrect or outdated information may lead to delays or errors, including the inability to make or receive payments (for which we will not be responsible) or in the termination or suspension of your account.
Security and Confidentiality.
You are solely responsible for maintaining the security and confidentiality of your account, password, and login credentials and for all activities that occur under your login or account. We are not liable for any damages or loss caused from any unauthorized account actions. Please notify us at firstname.lastname@example.org immediately if you become aware of any unauthorized use of your account.
All provisions of these Terms which by their nature should survive termination shall survive termination; including, but not limited to, provisions governing intellectual property rights, limitation of liability, disclaimer of warranty, and indemnification. If you entered into any obligations with us or other Users prior to termination, you may still be bound by those terms even after your account is terminated.
If your account or the account of any other Member is terminated, you may lose all associated information, including User Content (defined in Section 9, below). Even after your account has been terminated, your campaign histories will remain accessible by other Members, and any license granted by you under these Terms shall survive. Copies of User Content may have been retained as part of our routine backups.
BigCast Right to Terminate.
We reserve the right to refuse registration, suspend, block, prevent access to, or terminate any account and/or your right to use the Services at any time, with or without cause, in our sole discretion and without prior notice to you. We also reserve the right to limit or prohibit all activity that, in our sole judgment, appears to be malicious or unlawful.
Members' Right to Terminate.
Influencers can delete their accounts at any time on the Services.
Advertisers with a package subscription to the Services can terminate their accounts by sending a written notification of termination thirty (30) days in advance to us at email@example.com. Advertisers who have entered into a separate Subscription Agreement with us can terminate their accounts solely in accordance with the terms of their Subscription Agreement.
Among other things, the Services may facilitate the creation of Advertiser marketing or advertising initiatives requiring the services of one or more Influencers (a "Job"). Such Jobs shall be pursuant to the terms of a Member's offer via the Services detailing relevant information such as the Job description, requirements, restrictions, disclosures, compensation, schedules, Job duration, marketing Channels, and the Advertiser Content to be marketed (collectively, the "Offer").
Once a non-offering party has accepted an Offer, the terms of the Offer shall constitute a binding agreement by and between the Influencer and Advertiser (a "Job Agreement"). The Influencer and Advertiser are solely responsible for the exchange of any obligations set forth in the Job Agreement. Influencer obligations may include the creation of custom content that incorporates the Advertiser Content (the "Influencer Content"). Influencers shall submit costing proposal (a "Proposal") for Advertiser's prior written approval before publication of Influencer Content via the Channels. Advertisers can either approve (a "Advertiser Approval"), reject or request a modification of such Proposal. Upon receipt of Advertiser Approval, the Influencer is authorized to and shall publish and/or distribute such Influencer Content in accordance with the Job Agreement (the "Transaction"). Advertisers then have up to seven (7) days to approve (a "Deliverable Approval") or reject the Influencer Content published by the Influencer.
Notwithstanding anything to the contrary herein, Advertiser Approval shall constitute a grant by the Advertiser of a limited, non-exclusive license to the Influencer in and to any and all applicable Advertiser Content, to the fullest extent necessary for Influencer to market, display, promote, advertise, distribute, broadcast and otherwise disseminate such Advertiser Content via the Channels in accordance with the terms of the Job Agreement. Subject to the terms of the foregoing limited license and any other license set forth in these Terms, Transactions shall not be deemed to assign or otherwise affect, and the Advertiser shall retain its right, title and interest in and to its Advertiser Content.
All Influencer Content created pursuant to a Job Agreement shall constitute "work made for hire" according to Malaysia Copyright law, and such work product, including all copyrights, trademarks and other intellectual property rights embodied therein (collectively, the "Work Product") shall be owned exclusively by the Advertiser with which that Influencer has entered into such a Job Agreement. In the event any portion of the Work Product is not considered "work made for hire" or as otherwise necessary to ensure full ownership of the Work Product by a Advertiser, each Influencer hereby assigns to the Advertisers all right, title, and interest in and to such Work Product. Influencer will sign any additional documents that may be reasonably necessary to effect such assignment.
Advertisers reserve the right, in their sole discretion, to require that Influencers immediately remove or otherwise refrain from publishing any Influencer Content. If an Influencer fails to remove such Influencer Content or markets, displays, promotes, advertises, distributes, broadcasts, disseminates, or publishes Advertiser Content without Advertiser Approval, that Influencer (1) shall be in breach of these Terms and its account may be terminated; (2) shall not be entitled to any payment set forth in the Offer; and (3) may be liable to the Advertiser for damages to the fullest extent permitted by law.
BigCast may agree to facilitate the transmission of any payments in connection with a Job Agreement via the Services (each, a "Facilitated Payment").
Before consummating a Transaction that includes a payment to an Influencer, the Advertiser must have first deposited with BigCast funds sufficient to meet its payment obligations. Where applicable, once an Influencer receives Deliverable Approval, undisputed funds due to that Influencer in accordance with the parties' Job Agreement shall be released by BigCast to that Influencer via the payout method set in your account settings. The timing of Facilitated Payments depends on the payment or payout method.
NOTWITHSTANDING THE FOREGOING, BIGCAST IS NOT YOUR TRUSTEE OR FIDUCIARY, AND IS NOT A PARTY TO ANY AGREEMENTS BETWEEN MEMBERS.
We reserve the right to place a hold on a Facilitated Payment if we determine that the funds may be related to a breach of applicable law, to cooperate with law enforcement, or for any other reason that we deem necessary. All unused funds held by us on behalf of Advertisers are fully refundable unless otherwise due and owing to an Influencer.
Disputes between Members.
BigCast may, in its sole discretion, attempt to resolve disputes between Members, but it has no obligation to do so. Email us at firstname.lastname@example.org if you are unable to resolve a dispute with another Member.
You are solely responsible for abiding by all laws and regulations that apply to you, including relevant advertising and marketing laws. Influencers must clearly disclose their connections with Advertisers, (i.e. the fact that a post is "sponsored by" a Advertiser) and shall comply with any applicable federal, state, local, or foreign laws or regulations in existence now or in the future.
The Website may contain links to third-party websites or resources. BigCast is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply our endorsement of them. You assume all risk arising from your use of any such websites or resources.
You will be able or required to connect your BigCast account with third-party accounts, including Channel accounts. By registering via or connecting with the Channels or other third-party accounts, you consent to the continuous release of information about you to others via the Services (in accordance with your privacy settings on those third-party sites). If you do not want information about you to be shared in this manner, do not use this feature. You can disable the connection between your BigCast account and any third-party account by accessing the "Settings" section of the Services. Notwithstanding the foregoing, Influencers must always connect the Services with at least one Channel on which they have 2,000 or more followers.
Your relationships with third-party providers are governed solely by your agreements with those providers. If your or another User's third-party account becomes unavailable or if BigCast's access is terminated by a third-party service provider, then the content and information accessed via that third-party account will no longer be available on or through the Services.
"User Content" means any text, files, images, photos, video, sounds, profile information, Advertiser Content, Influencer Content, Submissions, communications, Offers, Jobs, Job Agreements, specifications, works of authorship, or any other materials, data, or content you upload, post, share, transmit, or otherwise make available via the Services.
Except as otherwise set forth herein, we do not claim any ownership rights to User Content. We do, however, require certain licenses from you, as set forth in these Terms. For example, we need to be able to transmit, store and copy User Content in order to display it to you and other Users, to create data backups, and anything else we deem necessary to provide the Services. Your acceptance of the Terms gives us the permission to do so and grants us any rights necessary to provide the Services to you. This permission includes allowing us to use third-party service providers in the operation and administration of the Services, and the rights granted to us are extended to these third-parties to the degree necessary.
We may access your User Content as necessary to perform the Services, including to monitor your conduct and misuse or, in our sole discretion, to help resolve disputes between Members, although we have no obligation to do so. Actions reasonably necessary to perform the Services may include (but are not limited to) (a) advertising, marketing or otherwise promoting the Services; (b) responding to support requests and facilitating communication among Users; (c) investigating fraud, security, unlawful, or technical issues; and (d) enforcing these Terms. We reserve the right to review, remove, block, or modify any content on the Services, including User Content, without notice.
By uploading or posting User Content to, interacting with other Users on, or otherwise engaging in, the Services, you represent, warrant, and covenant that (a) you have all necessary rights, permits, licenses, permissions, and approvals to (i) use, submit, or share such User Content, (ii) grant the licenses in these Terms, and (iii) consummate a Transaction with fellow Users or other related parties; (b) your actions are not in violation of any preexisting contractual obligations with any third parties; (c) your actions are not in violation of any applicable local, state, federal, or foreign law; (d) all information your provide is truthful and accurate; and (e) your User Content and any other of your activities in connection with your use of the Services, and BigCast's exercise of all rights and licenses granted by you in the Terms, do not and will not violate, infringe, or misappropriate any third party's contractual, copyright, trademark, patent, right of privacy or publicity, or other personal or proprietary right, nor does such User Content contain any matter that is defamatory, obscene, libelous, unlawful, threatening, abusive, tortious, offensive or harassing. You agree to pay for all royalties, fees, and any other monies owing any person by reason of User Content you post on or through the Services.
You will defend, indemnify and hold us and our subsidiaries, affiliates, officers, agents, employees, partners, and licensors harmless from any claim, demand, liabilities, loss, expenses or damages, including without limitation reasonable attorneys' fees, arising out of or related to your User Content or any other content you make available on the Services, your use of the Services, or your violation of these Terms.
In addition to any other act that BigCast in its sole discretion deems to be misuse, you may not:
You shall comply with any codes of conduct, policies, or other notices BigCast provides or publishes in connection with the Services.
BigCast Content. Except as otherwise provided herein, the Services and all content appearing therein are the exclusive property of BigCast or our licensors and are protected by copyright, trademark, patent, trade secret, and other applicable laws. All trademarks, service marks, and trade names that appear on the Services and the overall "look and feel" of the Services (collectively the "Marks") are proprietary to BigCast, or the respective owners of such Marks (collectively, "BigCast Content"). You may not display, reproduce, or otherwise use BigCast Content, without first receiving written consent from us. You may not remove or otherwise modify any legal or trademark notices from any content we make available through the Services. Any unauthorized use of any content or materials on the Services is strictly prohibited.
Subject to your compliance with these Terms and applicable law, you may access and use the Services and the BigCast Content (excluding software code). We (and our licensors) remain the sole owner of all right, title, and interest in the Services and BigCast Content. We reserve all rights not granted under these Terms. In addition, any content that we provide to you is licensed on a personal, revocable, non-sublicensable, non-assignable and non-exclusive basis, not sold to you. You will not use, copy, adapt, modify, hack, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted in these Terms. Our Services and BigCast Content contain proprietary and confidential information that is legally protected.
IN ADDITION TO ANY DISCLAIMERS SET FORTH HEREIN, THE SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BIGCAST DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, RELATING TO (A) YOUR USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, YOUR COMMUNICATIONS WITH, AND TRANSACTIONS FACILITATED BY FELLOW USERS; (B) USER CONTENT; (C) ANY ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM BIGCAST OR THROUGH THE SERVICES; OR (D) ANY OTHER COMMUNICATIONS, TRANSACTIONS, CONTENT, OR DATA ON THE SERVICES, WHETHER PROVIDED OR OWNED BY YOU, BIGCAST, OR BY ANY THIRD PARTY OR OTHER USER, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT OR NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUSES, BUGS, WORMS, "TROJAN HORSES" OR OTHER DESTRUCTIVE MATERIALS TO THE SERVICES ("HARMFUL COMPONENTS"), AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE IN TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.
WE ARE NOT RESPONSIBLE FOR THE ACCURACY, APPROPRIATENESS, OR LEGALITY OF USER CONTENT OR ANY OTHER INFORMATION POSTED, SUBMITTED, MADE AVAILABLE, OR ACCESSED BY YOU OR OTHER USERS OF THE SERVICES. WE DO NOT PRE-SCREEN, CONTROL, OR ENDORSE USER CONTENT, AND WE MAKE NO CLAIMS OR REPRESENTATIONS REGARDING ANY CONTENT WE DO NOT CREATE. WE ARE NOT RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS THAT RESULTS FROM YOUR USE OF, RELIANCE ON, OR ANY OTHER CONNECTION BETWEEN YOU AND ANY CONTENT OR DATA THAT ANY USER OR THIRD PARTY MAKES AVAILABLE.
BIGCAST IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER AND IS NOT A PARTY TO ANY TRANSACTIONS OR AGREEMENTS, INCLUDING JOB AGREEMENTS, ENTERED INTO BETWEEN MEMBERS OR FOR THE FAILURE OF MEMBERS TO ABIDE BY THEIR CONTRACTUAL OBLIGATIONS AND AGREEMENTS. BIGCAST DOES NOT MAKE ANY CLAIMS, REPRESENTATIONS, GUARANTEES, OR WARRANTIES REGARDING (I) ANY USER CONTENT; (2) USERS' CREDIT WORTHINESS, HONESTY, BEHAVIOR, OR ABILITY TO PAY; OR (3) ANY USER'S COMPLIANCE WITH RELEVANT LAWS AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOUR INTERACTIONS WITH FELLOW USERS, INCLUDING PAYMENT AND DELIVERY OF GOODS OR SERVICES, ARE SOLELY BETWEEN YOU AND SUCH FELLOW USER.
BIGCAST DOES NOT REPRESENT, WARRANT OR OTHERWISE ENDORSE THAT THE SERVICES OR ANY CONTENT, INFORMATION, OR GOODS AVAILABLE OR ADVERTISED OR SOLD THROUGH THE SERVICES ARE ACCURATE, COMPLETE, AVAILABLE, CURRENT, OR THAT THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS IN THE SERVICES.
ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF HARMFUL COMPONENTS, WE DO NOT GUARANTEE THAT THE SERVICES OR MATERIALS THAT MAY BE DOWNLOADED FROM THE SERVICES DO NOT CONTAIN SUCH HARMFUL COMPONENTS. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH COMPONENTS. IF YOU RELY ON THE SERVICES OR ANY MATERIALS AVAILABLE THROUGH THE SERVICES, YOU DO SO AT YOUR OWN RISK. WHILE WE TAKE MEASURES TO ENSURE THAT INFORMATION IS TRANSMITTED USING REASONABLE SECURITY MEASURES, WE DO NOT GUARANTEE THAT THOSE TRANSMISSIONS WILL BE ENCRYPTED. YOU ARE SOLELY RESPONSIBLE FOR ADEQUATE SECURITY PROTECTION AND BACKUP OF USER CONTENT.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BIGCAST, ITS AFFILIATES, DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, SHAREHOLDERS, AGENTS, AND LICENSORS, INCLUDING ANY THIRD-PARTY PROVIDER, BE LIABLE TO YOU UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR (A) ANY LOST PROFITS, DATA LOSS, BUSINESS LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER RESULTING FROM: (I) ANY CONTENT OR USER CONTENT, COMMUNICATIONS OR TRANSACTIONS PROVIDED THROUGH OR OTHERWISE FACILITATED BY THE SERVICES OR ANY ERRORS OR OMISSIONS OR INACCURACIES IN THE SERVICES; (II) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVICES OR THE SERVERS OF BIGCAST OR ITS THIRD-PARTY PROVIDERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN BY; (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (IV) THE INABIILTY TO ACCESS A THIRD-PARTY ACCOUNT; OR (V) ANY HARMFUL COMPONENTS THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY (REGARDLESS OF THE SOURCE) OR (B) ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF THE GREATER OF (I) FEES EARNED BY US FROM YOU FOR THE THREE-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE LIABILITY; OR (II) MYR500.00.
THESE LIMITATIONS APPLY REGARDLESS OF LEGAL THEORY, WHETHER BASED ON TORT, STRICT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BIGCAST WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THESE LIMITS MAY NOT APPLY TO YOU.
Written Notification. BigCast has adopted the following general policy toward copyright infringement in accordance with the Malaysia Copyright Act. This policy provides for the termination of access, in appropriate circumstances, to Users who are repeat copyright infringers. BigCast may, in appropriate circumstances and at its discretion, disable and/or terminate access to Users who may be infringing the intellectual property of a third party. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide BigCast's Copyright Agent the following information (to be effective, the notification must be in writing and provided to our Copyright Agent):
Upon receipt of a valid written notification containing the information as outlined in 1 through 6 above, BigCast shall, (1) remove or disable access to allegedly infringing content; (2) forward the written notification to the alleged infringer; and (3) take reasonable steps to promptly notify the alleged infringer that it has removed or disabled access to the allegedly infringing content.
Counter Notification. To be effective, a counter notification must be a written communication provided to BigCast's Copyright Agent that includes substantially the following:
Upon receipt of a valid counter notification containing the information as outlined in 1 through 4 above, the Copyright provides that the removed material will be restored or access re-enabled and BigCast will comply with this requirement within a reasonable time (or as otherwise required by law), provided the BigCast Copyright Agent has not received notice from the original complaining party that an action has been filed seeking a court order to restrain you from engaging in infringing activity relating to the material on the BigCast network or system.
Copyright Agent. The BigCast agent for notice of claims of copyright or other intellectual property infringement can be reached via email at email@example.com or via regular mail at the following address: BigCast Sdn Bhd, 5-6-2, Block 5, Level 6, VSQ, Jalan Utara, 46200 Petaling Jaya, Selangor, Malaysia.
If you believe in good faith that any material posted on the Services infringes any of your other intellectual property rights, or is otherwise unlawful, you must notify us at firstname.lastname@example.org. We will evaluate the submission, and if appropriate, in our sole discretion, we will take action. We may disclose your submission to the poster of the claimed violative material, or any other party.
If any part of these Terms is invalid, void, or for any reason unenforceable, that term will be deemed severable and limited or eliminated to the minimum extent necessary. The limitation or elimination of the term will not affect any other terms..
Notwithstanding anything to the contrary herein, these Terms constitute the entire agreement between you and BigCast and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, with respect to these Services. Any rights not expressly granted herein are reserved.
Occasionally there may be information on the Services that contains typographical errors, inaccuracies or omissions that may relate to product or Service descriptions, pricing, promotions, offers, charges and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel Transactions at any time without prior notice.
We undertake no obligation to update, amend or clarify information in the Services, except as required by law. No specified update or refresh date applied in the Services, should be taken to indicate that all information in the Services has been modified or updated.
Due to maintenance, security, or capacity issues, or to events beyond our control (Force Majeure (defined in Section 22, below)), equipment malfunction, power failures, hostile attacks, etc., the Services may be temporarily suspended or affected. We will use commercially reasonable efforts to correct any errors and minimize any disruption and/or inoperability of the Services, whether scheduled or not. Where feasible, we will provide forty-eight (48) hours advance notice to you in the event of any scheduled downtime.
We may modify, update, or discontinue the Services at any time without liability to you or anyone else. However, we will make a reasonable effort to notify you before we make such a change. Users shall bear sole responsibility for backing up their User Content and all other content or materials. If the modified Services are not acceptable to you, your only recourse is to cease using the Services and, if applicable, to terminate your Subscription Agreement.
The laws of Malaysia, shall exclusively govern any dispute relating to the Terms and/or the Services and any claim must be brought in the federal court of Malaysia. Your use of the Services in another jurisdiction does not give rise to personal jurisdiction over BigCast in jurisdictions other than Malaysia.
You cannot assign, transfer or sublicense these Terms without first obtaining our consent. We may assign, transfer, or delegate any of our rights and obligations without consent. These Terms do not create any agency, partnership, joint venture, or employment relationship, and neither party has any authority to bind the other in any respect. If we do not enforce any part of these Terms, it does not mean we give up the right to later enforce that or any other part of these Terms.
No party shall be liable to another party for failure perform its obligations under these Terms if such failure is caused by any event or condition not reasonably within the control and anticipation of the affected party, including, without limitation, by fire, flood, typhoon, earthquake, explosion, strike, labor trouble or other industrial disturbance, unavoidable accident, war (declared or undeclared), act of terrorism, sabotage, embargo, riot, or any other cause beyond the control of the parties ("Force Majeure"), provided that the affected party promptly notifies the other party of the occurrence of such event or condition and takes reasonable steps necessary to resume performance of its obligations.
The section and paragraph headings in these Terms are for convenience only and do not affect their interpretation. Whenever the words "include," "includes" or "including" are used in the Terms, they shall be deemed to be followed by the words "without limitation." Whenever the word "or" is used in the Terms, it shall not be deemed exclusive. The definitions contained in the Terms are applicable to the singular as well as to the plural forms of such terms and to the masculine as well as to the feminine and neuter genders of such terms. Any pronouns used herein shall include the corresponding masculine, feminine or neuter forms.
Regardless of any statute or law to the contrary, any claim or cause of action related to the Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
If you have any questions, complaints, or claims with respect to the Services or any of the Terms, you may contact us at email@example.com.