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FluidCast
Our Terms and Conditions

TERMS AND CONDITIONS PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.

By using the Fluidcast, Inc. (“Fluidcast”) websites (including, without limitation, any associated websites or forums), you agree to be bound by the following Terms and Conditions. Fluidcast reserves the right to modify these Terms and Conditions from time to time without notice. Please review these Terms and Conditions from time to time so that you will be apprised of any changes.

Copyright
All content on the Fluidcast websites, including text, graphics, logos, icons, images, and video clips, is the exclusive property of Fluidcast or its content suppliers and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on the Fluidcast websites is the exclusive property of Fluidcast and is also protected by U.S. and international copyright laws. Any reproduction, modification, distribution, transmission, republication, display or performance of the content on the Fluidcast websites is strictly prohibited.

Copyright Notice
Copyright © FluidCast Technologies, LLC. All Rights Reserved.

Trademarks
Fluidcast, Fluidcast.com and the logos associated with these are trademarks or registered trademarks of Fluidcast. All other trademarks mentioned in the Fluidcast websites are the property of their respective owners. The trademarks and logos displayed on the Fluidcast websites may not be used without the prior written consent of Fluidcast or their respective owners.

Portions of the Fluidcast websites are available to the public. No information you consider confidential should be posted to these portions of the websites. If you submit content, you agree that Fluidcast may reveal your identity and whatever information we know about you to any law enforcement agent or official in the event of legal action arising from any posting(s) made by you. Fluidcast may modify, display, delete, transmit or distribute content posted on the Fluidcast websites in its sole discretion and without your permission. However, Fluidcast shall not be responsible for controlling or editing any content, nor can Fluidcast ensure prompt removal of inappropriate or unlawful content. You also grant to Fluidcast a worldwide, perpetual, irrevocable, royalty-free and fully-paid, transferable (including rights to sublicense) right to fully exercise and exploit all intellectual property, publicity, and moral rights with respect to any content you provide.

By posting a comment or any other content on the Fluidcast websites you agree to be solely responsible for the content of all information you contribute, link to, or otherwise upload to these websites and release Fluidcast from any liability related to your use of these websites. You warrant, represent and agree that you will not contribute any content or otherwise use these websites in a manner that (i) infringes the intellectual property rights or proprietary rights, or rights of publicity or privacy, of any third party; (ii) violates any law, statute, ordinance or regulation; (iii) you should know is harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable. Fluidcast reserves the right to remove any content from the Fluidcast websites at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such content or if Fluidcast is concerned that you may have breached the immediately preceding sentence), or for no reason at all.

General Disclaimer
THE FLUIDCAST WEBSITES ARE PROVIDED BY FLUIDCAST ON AN “AS IS” BASIS. FLUIDCAST MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THESE WEBSITES OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THESE WEBSITES. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, FLUIDCAST DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Although Fluidcast has attempted to provide accurate information on the Fluidcast websites, Fluidcast assumes no responsibility for the accuracy or completeness of the information. Fluidcast may change the function or subject matter of the Fluidcast websites at any time without notice.

Liability Limitation
FLUIDCAST WILL NOT BE LIABLE UNDER ANY THEORY OF LAW, FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR DATA OR COSTS OF REPLACEMENT GOODS, ARISING OUT OF THE USE OR INABILITY TO USE THE FLUIDCAST WEBSITES OR RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENTED, EVEN IF FLUIDCAST MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Links to Third Party Websites
The Fluidcast websites may contain links to third party websites. Access to any other Internet website linked to the Fluidcast websites is at your own risk and Fluidcast is not responsible for the accuracy, availability or reliability of any information, goods, data, opinions, advice or statements made available on these websites. As such, Fluidcast is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third party website. Fluidcast provides these links merely as a convenience and the inclusion of such links does not imply an endorsement or recommendation.

Refunds
If you decide you’re not 100% satisfied within the first 30 days of your purchase of any one monthly or buyout software systems as listed below, simply cancel your service within that time, as described below, request a refund under this limited guarantee and you’ll receive a refund of your purchase price, less any charges for additional services and a processing fee (if applicable), all of which are non-refundable. After the 30 day period no refunds will be issued. The 30-day limited money back guarantee is limited to one purchase per customer and per account. To receive any refund under this guarantee, you must request a refund when you call in to cancel.

Refunds will not be applied to accounts that are past-due or for accounts that are cancelled before the conditions for payment of the Refund are met. Refunds will only be made to the name, address, and credit card account on file. No Refund will be issued for accounts that are terminated by VOD Media Tech in accordance with our Service Agreement. Promotion cannot be combined with any other offers and is not valid for package upgrades. Refunds are only valid on the following services:

* Monthly Cloud License
* Buyout License

Refunds do not apply to any set up fees or design services associated with the above products.

Other restrictions may apply.

Miscellaneous
Terms and Conditions is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect and enforceable. These Terms and Conditions are not assignable, transferable or sublicensable by you except with Fluidcast’s prior written consent. These Terms and Conditions shall be governed by and construed in accordance with the laws of the state of California without regard to the conflict of laws provisions thereof. Both parties agree that these Terms and Conditions are the complete and exclusive statement of the mutual understanding of the parties and supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter hereof, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of these Terms and Conditions and you do not have any authority of any kind to bind Fluidcast in any respect whatsoever.

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