End-User License Agreement
Last updated: 7 February 2019
IMPORTANT! CAREFULLY READ THE FOLLOWING LICENSE TERMS REGARDING USE OF THE BCASTER SERVICE (”TERMS”). CONFIRMING THAT YOU (”USER”) ACCEPT THE TERMS OF INSTALLING OR USING THE SERVICE SHALL BE DEEMED TO MEAN THAT YOU HAVE READ THESE TERMS, UNDERSTOOD THEM AND ACCEPTED THAT THEY ARE LEGALLY BINDING UPON YOU, AND UNDERSTAND THAT YOU HAVE GRANTED A LICENSE UNDER SECTION 5 TO ANY WORKS CREATED USING THE BCASTER SERVICE TO BCASTER LTD. IF YOU DO NOT ACCEPT ALL THE TERMS, DO NOT INSTALL OR USE THE SERVICE.
These Terms include all terms between the User and Bcaster Ltd (”BCaster”) concerning use of BCaster’s application for recording, editing and publishing audio-visual content (including without limitation still and motion pictures and other videos as well as sounds, music, speech and other audible materials; all such content hereinafter referred to as “Content”) recorded by the User through a hand-held mobile device, typically a smart phone or a tablet computer (the User’s device for recording hereinafter referred to as the “Device”) as well as use of the cloud-based data storage service associated with the application, as well as the use of any programs connected to or included in them, including without limitation any program(s) for editing, compiling and otherwise altering the recordings (the whole bundle shall hereinafter be referred to as the ”Service”). When a User registers to the Service (whether by using a mobile apparatus or a web-portal or other such interface), uses the Service or Application or purchases products associated with the Service, said User accepts these Terms and undertakes to comply with them.
These Terms concern the Service as well as all cloud data storage services, programs, program-based services and web applications to which the User has been granted access or which have been offered to the User, such as support tools, web portals, interface solutions relating to use of the program, any relevant documentation and updates (together the ”Application”). The User accepts that certain restrictions apply to use of the Application, such as its purpose of use, rights of third parties and restrictions relating to technical requirements, including without limitation those pertaining to operating system, geographical location and internet connection.
The User accepts and acknowledges that the organizer for different events, such as sports or car race competitions, music concerts or any other such event, (such events all referred hereinafter as the “Events” and the organizer hereinafter referred to as “Event Organizer”) may wish or even promote visibility and Content (as recorded or as altered, whether by the User or BCaster) from the Event in social media, including the Service, and in that purpose also promote the use of the Service. The Event Organizer may allow the use of the Service only under certain conditions.
Title to and intellectual property rights in the Service and the Application and other programs relating thereto belong to BCaster and/or its suppliers. The programs and applications are protected by copyright law and international copyright treaties as well as other treaties relating to intellectual property rights.
Contact details of the service provider: BCaster Ltd, Karhumäenkuja 2, Aviabulevardi 2, FI-01530 Vantaa, Finland.
2. Use as part of third party service
The User understands and accepts that the Service may be provided to the User as part of a third party application or service (”Third Party Service”), and other terms in force between the User and said third party may apply to the User’s use of the Service or the Third Party Service in addition to these Terms. The User furthermore understands that BCaster has no control over, and undertakes no liability for the Third Party Service or any third party’s actions, and undertakes not to direct any claims or complaints relating to the Third Party Service to BCaster.
The BCaster may at any time carry out amendments to the Service.
BCaster has the right to unilaterally amend the Terms of the Agreement and Terms of using the Services (including pricing and fees) by serving notice of the same to the User by email, in writing, or via the Service. If the User continues to use the Service, he or she will be deemed to have accepted the amendments.
BCaster reserves the right to change the pricing and product offering of its products without notice.
There are certain functional limitations to use of the Service, of which BCaster (or BCaster’s distributor, who has granted this license) will notify from time to time.
4. User responsibilities and liabilities
The User acknowledges and agrees that he/she is of legal age in his/her community and also otherwise legally entitled to register into the Service, agree to comply with these Terms and use the Service and the Application under these Terms.
The User acknowledges and agrees that he/she is solely responsible for obtaining any necessary permits, licenses or consents to record the audio-visual Content with his/her Device. In no circumstances shall the User transfer to the Service any Content to which the User has not obtained the right and license to record the Content, and obtained the right and consent or other permission from any person appearing in the recorded Content.
The User accepts that the User must check from the Event Organizer whether the use of the Service is authorized for the event and the needs of the User before starting to use the Service at the respective event. The User is at all times responsible to comply with the conditions regarding the authorized use and using the Service in the Event.
The User shall not use the Service or Application for recording, editing or publishing Content that is objectionable or abusive for example due to containing indecency, violations of privacy, acts of violence or other acts contrary to public order, morality or applicable legislation. In the event objectionable or abusive Content or use of the Service by the User is detected, BCaster shall have the right to terminate the User’s right to use the Service as specified in section 19 (Termination).
The User shall at all times ensure that the recording of any Content with the Device is in compliance with the laws applicable to the site of recording, and that the transfer of the said Content to the Service complies with any applicable laws. Furthermore, the User accepts that the Service may not be used to record Content that breaches applicable laws with regard to, e.g., indecency, violence or privacy, or that breaches the rights of third parties.
5. Right of use
BCaster grants to the User, in accordance with the Terms, a non-exclusive, non-transferable right of use to the Service and the Application unless and until the User’s right of use is terminated under Section 19. The right of use shall enter into force when the User has accepted the Terms and first launches the Service or Application.
BCaster and its licensors withhold all rights that have not been expressly granted to the User under these Terms.
The User grants to BCaster an assignable, royalty-bearing (for Content offered in BCaster’s store as defined below), perpetual, irrevocable, unlimited right and license to use in any manner (the said use including without limitation to modify, alter, show to the public, copy, sub-license, synchronize, edit, distribute, publish and utilize in any manner (whether commercially or otherwise)) any recording or other such Content created by the User with the Device, in full or by making or having made any excerpt or other part thereof. The User expressly understand and accepts that BCaster may license or assign its right of use as defined in this Section, in part or in whole, to the third party responsible for the Third Party Service.
BCaster or its licensee or assignee may offer the User’s Content (except for private content as provided under Section 6) to third parties in an online store in such a way that sub-licenses are granted to third parties. BCaster or BCaster’s licensee or assignee will, unless otherwise agreed between the User and a third party operating the Third Party Service, give the User as royalty payments a share of the proceeds received for such sub-licensed Content. In situations where there is no Third Party Service and the Service is offered directly by BCaster to User, the precise share of royalties may change from time to time, subject to BCaster’s unilateral right to amend under Section 3, but as of the date these Terms were last updated the share is 20% BCaster / 80% User. In situations where the Service is offered as part of a Third Party Service, the share of royalties will depend on an agreement between the User and the third party operating the Third Party Service. Due to certain legal requirements regarding royalty payments in certain jurisdictions, BCaster or BCaster’s licensee or assignee may need to apply further process to identify the User and their country of residence and/or nationality in which case the User must be prepared to provide further details of identification to BCaster or BCaster’s licensee or assignee.
The User explicitly authorizes, for avoidance of any doubt, BCaster to edit, alter and take or make excerpts of the Content, and to create compilations or otherwise combine the Content with the content provided by other users, whether partially or using any user content as a whole. The compilation may, for example, contain visual excerpts from any user synchronized with audio feed recorded by a single or any number of users to create a compilation with best available audio and visual quality.
6. Private content
As the sole exception to the license granted to BCaster under Section 5, the User may identify certain Content as private. Such Content is not subject to BCaster’s right and license hereunder, and BCaster does not use such materials in any manner whatsoever. The User shall be fully and solely liable for any use of such materials.
7. Limitations on the User’s right of use:
- The User may not install or use the Service in breach of these license terms or other instructions from BCaster or with respect to a Third Party Service instructions from the third party operating the Third Party Service.
- The User may not provide copies of the Application or any programs included in the Service to third parties, transfer the Application electronically to the devices of third parties or give the Application or access thereto to a third party for copying except to the extent expressly mentioned in the relevant documentation.
- The User may not modify, change, translate, rent, sell or share the Application and/or any files relating thereto (including without limitation cloud data or other databases, news and descriptions) or parts thereof or create derivate products from the Application and/or parts thereof or files relating thereto.
- The User may not decompile or reverse engineer any programs and/or files relating thereto (including without limitation cloud data or other databases, news, descriptions and data transfers between the applications) included in the Service into source code, investigate the method of coding of the programs and/or files relating thereto, dismantle the programs and/or files relating thereto or otherwise cause the code of the programs and/or files relating thereto to be rendered into human readable form.
- The User shall not have the right to use the documentation relating to the Service provided to him or her by BCaster otherwise than in support of use of the Service.
- The User shall not disclose the license code necessary for installation and use of the Service to third parties.
- The User shall not have the right to use the Service or any parts thereof in order to use any product or service that works with the Service for any purpose other than the purpose for which the Service has been granted. In the event the User wishes to access rights other than the rights granted under these license terms, the User should contact BCaster.
THE SERVICE AND THE APPLICATION ARE PROVIDED ON AN ”AS IS” BASIS WITHOUT ANY WARRANTIES. NEITHER BCASTER NOR ITS LICENSORS NOR DISTRIBUTORS GRANT ANY WARRANTIES WITH RESPECT TO THE CORRECTNESS, ACCURACY, RELIABILITY OR OTHER QUALITIES OF THE SERVICE, THE APPLICATION OR THE DOCUMENTATION RELATING THERETO. NEITHER BCASTER NOR ITS LICENSORS NOR DISTRIBUTORS GRANT ANY IMPLICIT WARRANTIES, INCLUDING WITHOUT LIMITATION IMPLICIT WARRANTIES CONCERNING TITLE, USABILITY, PERFORMANCE, NON-BREACH OF CONTRACT, EXPLOITABILITY OR APPLICABILITY FOR SPECIFIC PURPOSE, COMMERCIAL OR OTHERWISE. RESPONSIBILITY FOR USE OF THE SERVICE, THE APPLICATION OR THE DOCUMENTATION RELATING THERETO RESTS ENTIRELY WITH THE USER. BCASTER FURTHERMORE EXPRESSLY DISCLAIMS ANY WARRANTY RELATING TO THE THIRD PARTY SERVICE.
9. Limitations of liability
NEITHER BCASTER, ITS EMPLOYEES, LICENSORS NOR DISTRIBUTORS NOR SUPPLIERS SHALL IN ANY EVENT BE LIABLE FOR ANY INCIDENTAL OR INDIRECT DAMAGE SUFFERED BY THE USER, INCLUDING LOSS OF PROFIT OR REVENUE, LOST OR DAMAGED DATA, DEFECTS OR DISRUPTIONS OF THE SERVICE OR ANY DEVICE OR APPLICATION INCLUDED THEREIN, OR ANY SIMILAR ECONOMIC DAMAGE CAUSED DUE TO USE OR OBSTRUCTIONS OF USE OF THE SERVICE OR ANY MATERIAL RELATING THERETO, EVEN IN THE EVENT BCASTER HAD RECEIVED ADVANCE NOTICE OF THE POSSIBILITY OF SUCH DAMAGE, IN SO FAR AS SUCH A LIMITATION OF LIABILITY IS PERMITTED UNDER THE MANDATORY APPLICABLE LAW. BCASTER SHALL NOT IN ANY EVENT BE LIABLE FOR ANY DAMAGE SUFFERED BY THE USER, WHETHER DIRECT, INDIRECT OR INCIDENTAL, RELATING TO THE THIRD PARTY SERVICE.
10. User’s data stored by the Service
In addition to any terms relating thereto elsewhere in these Terms, the following terms shall apply to the synchronization and backup qualities of the User’s data stored by the Service.
Content control for the Service shall be at the User’s disposal with regard to transfer, inspection and sharing (”Administration”) of Content created through use of the Service that (i) is located on the User’s Device or Service cloud storage segment and (ii) that concerns the User.
'The Service will by default carry out actions relating to Administration automatically within a set period, in so far as possible subject to technical restrictions, and therefore BCaster gives no warranty that any Administration actions would be carried out within a given period. However, BCaster warrants that by default Administration actions will be carried out automatically during a set period. If Administration actions are not executed due to actions or neglect of the User, the User shall be solely responsible for any damage or defects.
User’s Content stored by the Service may from time to time be partly removed or partly altered due to amendments to the Service, changes in capacity, instructions from the Event Organizers or other similar reasons deemed necessary by BCaster, as well as when the User’s right of use ends. BCaster has no obligation to store any Content after the expiry or ending of the User’s right of use. Content/data may be kept by BCaster after the ending of the User’s right of use in accordance with the personal data policy of BCaster and the applicable legislation. BCaster may, at its discretion, offer the User the opportunity to agree with other service provider(s) on the transfer of data to such other service provider(s).
The User shall be solely responsible for Content created with the Device and edited with the Service. Further, the User shall be solely responsible for his/her use of the Service. BCaster shall have the right to end the User’s right of use to the Service.
11. User’s content and rights of authorities
In addition to any terms relating thereto elsewhere in these Terms, the following terms shall apply to the use of Content by authorities: BCaster may open any Content transferred to the Service to authorities requesting the same for the purposes of criminal, judicial or other such investigations, for rescue (whether disaster or accident) purposes, in order to locate missing persons, or for accident investigation or any other such purpose.
12. Data transfer expenses
The User accepts that use of the Service and in particular Administration actions may incur data transfer expenses of data connection. These additional expenses depend on the User’s own device / connection / operator, and the User shall be responsible for all these expenses. BCaster is not responsible in any way for any device or data traffic expenses incurred by the User due to use of the Service.
13. Protection of the service
The User acknowledges that, while the Service and any transfer or use of the Content therein is protected from intrusion by third parties, BCaster does not warrant that this protection will be complete or absolute against illegal data transfer capture, data protection gaps in the data storages, or with respect to the incorrect protection settings of devices or browsers.
The User acknowledges and agrees that the protection of certain features of the Service requires that the User acts diligently and with high degree of care. The User warrants that he/she shall at all times will keep any login codes and passwords safe and does not allow any third party to access the Service with his/her credentials.
14. Data protection and processing of personal data
The Service collects personal data relating to the User. This kind of personal data may be entered into the Service by the User him/herself or by BCaster or a third party such as Event Organizer, and it may include the User’s name, User’s address, phone number, email address and any data collected via the Device such as User’s current location, movement direction, movement speed and other such information.
For the above personal data, BCaster becomes the Data Controller. BCaster processes the personal data for the purposes of providing the Service and for business development and development of Service. BCaster, while providing the Service that the User chooses to use by his/her own freedom of choice, has a legitimate interest to collect and process the personal data. BCaster may also process and disclose data in situations where the applicable law requires it to do so. All data shall be processed in encrypted form or otherwise in a secure manner. BCaster will only provide access to the data via a secure connection.
Content uploaded into the Service is generally not personal data as such, but may include the personal data of third parties in the event there is, e.g., personally identifying information included in the Content. The User confirms and accepts that the Content is created and processed for the User’s purposes, and that therefore the User is the data controller for any such personal data, and BCaster is the data processor on behalf of the User. BCaster undertakes the appropriate technical and organisational measures in order to protect such personal data and to ensure that its processing is compliant with the General Data Protection Regulation.
15. User’s technical actions
In order for the Service to function as intended, the User undertakes to carry out the necessary technical maintenance or similar installations, and fulfil the required technical specifications, as are indicated by BCaster or Event Organizers, as the case may be, from time to time and/or for a specific Event.
BCaster is constantly improving its services. BCaster reserves the right to change the functionalities or qualities of the Service. This is done in order to produce better products and services for users and to make changes to the Service due to future technical or legal limitations, technical development or similar reasons. Consequently, BCaster must occasionally update and amend the Service. These changes may include adding new functionalities or removing existing ones. The User must use the most recent version of the Application in order to ensure optimum usability and data security. BCaster reserves the right to cease maintaining and supporting any given version of the software or support for any given operating system in accordance with the life cycle practices of the products in question. The Service will likely develop and change during the term of the User’s order, and BCaster may need to amend these terms when an update is carried out. The amended terms shall automatically apply to the updated version of the Service.
If any part of these Terms is deemed invalid or unenforceable, it shall not affect the validity of the other Terms, which shall remain in force and enforceable.
17. Additional terms applicable to websites
The Service may include or make use of web applications or portals (”Sites”), whether in connection with the Application or otherwise. Additional terms may be applicable to use of Sites. The User undertakes to read the additional terms applicable to Sites and to use the Sites in accordance with said terms. The Sites may belong to BCaster’s distributors, Event Organizers or other third parties. BCaster shall in no way be liable for the Sites of third parties.
The User shall be notified if some or all parts of the Service are temporarily unavailable / do not work due to repair, update, maintenance or factors outside the control of BCaster (force majeure). The User accepts such breaks in availability. Neither BCaster, its licensors nor distributors shall be liable for the consequences of such breaks. BCaster undertakes to store functionality of the Service as soon as possible, and to bring the Service back into use immediately once possible due to the technical problems arising. However, BCaster does not undertake to restore the service to use within any given time period.
A User’s right to use the Service shall be terminated immediately without notice, if the User breaches any of these Terms or uses the Service without any necessary consent or permission, including without limitation from the persons appearing in the recorded Content. This shall be without prejudice to any other rights of termination or expiry. If BCaster detects that a User has i) breached these Terms or ii) breaches other applicable terms including terms in force between the User and a third party providing the Third Party Service, BCaster reserves the right to (i) restrict the User’s right to use the Service and/or a part thereof and/or (ii) to terminate the User’s license. The User shall have no right to claim compensation, damages or any other reparation from BCaster for such termination. The limitations on the right of use of the User shall remain in force after termination.
In the event of termination for any reason of the User’s right to use the Service, BCaster shall cease offering the User’s Content in its online store and will remove or archive such content permanently. However, the termination shall not affect the rights of third parties to the User’s Content in the event those rights were secured before the termination of the User’s right to use the Service and the the User’s Content will remain available for the third parties whose rights were secured before the termination of the User’s right to use the Service.
20. Applicable legislation
Unless otherwise expressly stated, these Terms shall be governed by the laws of Finland with the exception of its conflict of laws provisions. In the event of a dispute arising from or relating to these Terms, the court of competent jurisdiction shall be the competent Finnish court. In the event a license has been purchased by a User outside Finland, these terms may alternatively, at the discretion of BCaster, be governed by the laws of the User’s jurisdiction with the exception of its conflict of laws provisions.
In the event BCaster decides to waive the execution of any of its rights under these Terms, such waiver shall not be deemed as a waiver of BCaster’s right to enforce such rights at a later date.