End-User License Agreement
Last updated: 20 April 2021
IMPORTANT! CAREFULLY READ THE FOLLOWING LICENSE TERMS REGARDING USE OF THEBCASTER 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 OR UPLOADED USING THE BCASTER SERVICE TO BCASTER LTD.IF YOU DO NOT ACCEPT ALL THE TERMS, DO NOT INSTALL OR USE THE SERVICE.
1. General
These Terms include all terms between the User and BCaster Ltd (”BCaster”) concerning use of BCaster’s platform for capturing, 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”) created by the User through a hand-held mobile device, typically a smartphone 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 platform, 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 Content (the whole bundle shall hereinafter be referred to as the ”Service”). When a Userregisters to the Service (whether by using a device or a web-portal or other such interface) or uses 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 accessor which have been offered to the User, such as support tools, web portals, interface solutions relating to use of the Service, any relevant documentation, and updates (together the ”Application”). The User accepts that certain restrictions apply to use of theApplication, 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 third party referred to in Section 2 may use the User’s Content (as recorded or as altered, whether by the User or BCaster) in their business activities and in connection with competitions, campaigns, events and other promotional activities (such hereinafter as the “Events” and the organizer hereinafter referred to as “Event Organizer”), e.g., in social media, including the Service, and in that purpose also promote the use of the Service, whereas the participation in such Events may include separate terms and conditions binding upon the User.
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 asother treaties relating to intellectual property rights.
Contact details of the service provider: BCaster Ltd, Eerikinkatu 28, FI-00180 Helsinki, Finland.
2. Use as part of third-party service
The User understands and accepts that the Service is provided to the User as part of a third party application or service or other contractual relationship between the User and said third party (”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.
3. Amendments
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 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, she or he will be deemed to have accepted the amendments.
4. User responsibilities and liabilities
The User acknowledges and agrees that she/he is solely responsible for obtaining any necessary permits, licenses, or consents to record or upload the audio-visual Content with her/his 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 or uploaded 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, uploading, 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 17 (Termination).
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 17. The right of use shall enter into force when the User first launches the Service or Application and accepts the Terms.
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, sub-licensable, irrevocable, unlimited right andlicense to use in any manner (the said use including without limitation to modify, alter, show to the public, copy, sub-license, synchronize, edit, distribute, combine with other content, publish and utilize in any manner (whether commercially or otherwise)) any recording or other such Content created or uploaded by the User with the Device, in full or by making or having made any excerpt or other part thereof. The User expressly understands 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.
6. 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 Third Party Service instructions from the thirdparty 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 anyfiles 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 her or him 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.
7. Warranties
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.
8. 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 SOFAR 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.
9. Removal or alteration of Content in the Service
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 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 on behalf of the third party providing the Third Party Service after the ending of the User’s right of use in accordance with the applicable agreements and policies and the applicable legislation.
10. 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.
11. Data transfer expenses
The User accepts that use of the Services 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 touse of the Service.
12. 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.
13. Data protection and processing of personal data
Personal data processed in connection with the Service (except for personal data included in the Content)
The Service may collect personal data relating to the User. This kind of personal data may be entered into the Service by the User herself/himself or by BCaster or a third party, and it may include the User’s name, email address and any data collected via the Device such as User’s current location, and other such information.
The above personal data is collected and processed for the purposes of the third party and Third Party Service, namely in order to provide the User’s Content to said third party.The Data Controller is the third party responsible for the Third Party Service. BCaster processes the personal data on behalf of said third party subject to a separate data processing agreement between BCaster and said third party, and as more closely specified in this Privacy Notice: www.bcaster.com/privacy. In the event the third party responsible for the Third Party Service has provided the User a privacy notice relating to the Service, then the BCaster Privacy Notice referred to above shall not apply.
Personal data included in the Content
Content uploaded into the Service is generally not personal data as such, but may includethe personal data of third parties in the event there is, e.g., personally identifying information included in the Content, as well as the name of the User for the purposes of copyright attribution. 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.
For the avoidance of doubt, User is responsible for the data controller’s obligations under the GDPR, including informing data subjects of the processing of their personal data. The processing of any such User’s personal data by BCaster shall be carried out only subject to the User’s instructions, according to the data processing agreement specified herein:
BCaster shall implement appropriate technical and organizational measures to meet the requirements of the GDPR and to ensure the protection of the rights of the data subjects. The following personal data, for which the User is the data controller, may be processed by BCaster on the User’s behalf:
- User’s name or other personal identifier for copyright attribution purposes
- Any other personal data included in the Content (such as the identifiable likenesses, names, or other personal details of individual persons portrayed in the Content)
BCaster shall not engage other processors without written instructions from the data controller. However, no advance permission is needed for the following processors, for which the data controller gives permission in advance, and which may process personal data subject to a separate data processing agreement with BCaster on the behalf of the User:
- Storage of data (Currently Amazon Web Services)
- Logging errors (Currently Sentry)
- Customer support and internal communication (currently Google / Gmail)
- Internal communication (currently Slack)
Furthermore, the personal data referred to above shall not be transferred or processed outside the EU/EEC. BCaster shall ensure that the personal data referred to herein shall be processed confidentially, that the security of the personal data shall be appropriately protected, and that BCaster shall reasonably assist the User in fulfilling the User’s obligations under the GDPR, taking into account the nature of the processing. Afterthe ending of the processing, the personal data referred to herein shall be deleted or returned to the controller unless this is not possible subject to European Union or Member State law.
14. Changes
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 legallimitations, 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 User’s use, 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.
15. 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, partners or other third parties. BCaster shall in no way be liable for the Sites of third parties.
16. Availability
The User shall be notified if some or all parts of the Service are temporarily unavailable ordo 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 restore 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.
17. Termination
User’s right to use the Service shall be terminated immediately without notice, if the Userbreaches 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 the User’s agreement with the third party regarding the Third Party Service is terminated or expires for any reason, the User’s right to use the Service shall be terminated without notice.
In the event of termination or expiry for any reason of the User’s right to use the Service, the User’s Content shall be removed from the Service and/or archived permanently, unless otherwise specified in, e.g., a contract or other agreement relating to the Service between User and the provider of the Third Party Service. 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 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.
18. 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 acquired 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.