Terms & Conditions
The Terms and Conditions given below govern your membership at Website DudCast.com. You must read and agree to these Terms and Conditions before you can become a member of DudCast.com. Please make sure you have read the Terms and Conditions carefully prior to signing up. By continuing further you affirm and warrant that you are currently over the age of eighteen years and are capable of lawfully entering into this agreement.
You hereby affirm that you have read this entire agreement and agree to all its terms and conditions by authorizing the use of your credit card for payment of charges and fees for your obtaining a subscription to DudCast.com.
By joining DudCast.com you indicate that you have read the membership Agreement in its entirety, understand its terms, consent to all the terms and conditions set forth in the membership Agreement, represent and warrant that you are currently over the age of 18 years and understand that materials presented at DudCast.com include nudity, visual and audio presentations of sexual situations and adult language.
If you do not agree to all of the terms and conditions set forth in this Agreement, are not over 18 years of age, or are in an unauthorized downloading location, do not join and please leave now.
Parties and Changes
For good and valuable consideration, the sufficiency of which is acknowledged by you and the Company, you hereby agree to become a subscriber to DudCast.com and agree to be bound by all the Terms and Conditions set forth in this agreement (the Agreement). The parties to this agreement are you, the subscriber, and DudCast.com. Subject to the terms and conditions set forth in the Agreement, the Company agrees to provide to you all the privileges of subscription to DudCast.com available to a subscriber in good standing. This Agreement is subject to change by Company at any time, and changes are effective upon and/or without notice to the subscriber by e-mail, posting at DudCast.com and/or via a hyperlink to DudCast.com.
All materials, including messages and other communications contained at DudCast.com are intended for distribution exclusively to consenting adults in locations and jurisdictions where materials, messages and other communications contained at DudCast.com do not violate any community standards and/or any federal, state or local law or regulation of the United States or any other country. No persons under the age of eighteen (18) years (or other age, as per your community laws and standards) may directly or indirectly view or possess any of the contents of DudCast.com or place any orders for any goods or services advertised at DudCast.com. You hereby acknowledge your understanding of the fact that materials presented at and/or downloadable from DudCast.com include explicit visual, audio, and/or textual depictions of nudity and heterosexual, bi-sexual, and/or transsexual situations of an explicitly sexual nature, and that you are familiar with materials of this kind and not offended by such materials.
Intellectual Property Rights
You acknowledge and agree that all materials contained at DudCast.com are proprietary and constitute valuable intellectual property. You acknowledge and agree that as such, you may only access, view, download, receive and otherwise use the materials available at DudCast.com only as authorized by the Company. You agree that you shall at no time access, view, download, receive or otherwise use, or cause or enable others to access, view, download, receive or otherwise use materials, directly or indirectly in places which the Company does not authorize such access, viewing, downloading, receipt or other use. You hereby acknowledge and agree that no materials from any parts of DudCast.com are authorized, and no materials are intended, by the Company to be accessed, viewed, downloaded or used by, or transmitted, broadcast or otherwise disseminated to any person or entity located in any and all areas prohibited by law. You agree that any and all unauthorized access, viewing, downloading, receipt, duplication or other use of materials from DudCast.com in which you are directly or indirectly involved, including, but not limited to accessing, viewing, downloading, receiving or other use of materials in prohibited areas in any manner shall constitute intentional infringement(s) of DudCast.com's and potentially other parties intellectual property rights and other rights and shall further constitute a violation of DudCast.com trademark and other rights, including, but not limited to, rights of privacy.
Except for public domain material or material otherwise licensed to Company for electronic dissemination, all materials displayed at or otherwise available through DudCast.com are proprietary, and, except for initial downloading, may not be copied, redistributed, or downloaded, in whole or in part, without the prior written authorization of Company. All editions of DudCast.com, and all materials and other matter used directly or indirectly in, at, by, through and/or with DudCast.com are protected by the copyright laws of the United States, international copyright treaties and other laws and regulations. All rights are reserved. All intellectual property and other rights in and to the materials and other matter at DudCast.com shall at all times remain in Company's possession, its parent(s), subsidiary(ies), licensee(s) and assign(s). All intellectual property and other rights to any content accessed through the materials is the property of the applicable content owner, which may be the Company, its parent(s), subsidiary or subsidiaries, licensee(s) and assign(s), or others, and may be protected by applicable copyright and/or other laws. The limited and non-exclusive license granted to you herein grants to you no rights to use such content except as set forth herein. This license will immediately terminate automatically if you fail to comply with the limitations described herein, breach any other provision of this agreement, cease, for any reason, to be a subscriber in good standing, or are notified of its termination by the Company or its authorized agent(s). You agree that upon such termination, you will immediately destroy all copies of the materials in your possession.
You agree to be personally liable and fully indemnify DudCast.com for any and all damages directly, indirectly and/or consequentially resulting from your attempted or actual unauthorized downloading or other duplication of materials from DudCast.com alone, or with or under the authority of, any other person(s), including, without limitation, any governmental agency(ies), wherein such damages include, without limitation, all direct and consequential damages directly or indirectly resulting from unauthorized downloading of materials from DudCast.com including, but not limited to, damages resulting from loss of revenue, loss of property, fines, attorney fees and costs, including, without limitation, damages resulting from prosecution and/or governmentally imposed seizure(s), forfeiture(s), and/or injunction(s).
Any liability of the Company, including without limitation any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of records, whether for breach of contract, tortuous behavior, negligence, or under any other cause or action, shall be strictly limited to the amount of membership fee paid by or on behalf of the subscriber to the Company for the preceding month. Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
The Company is not liable for damages resulting from disseminating, failing to disseminate, or incorrectly or inaccurately disseminating any materials, data, advertisement or any other communication at or through DudCast.com.
No warranty is made by the Company regarding any information, services, materials or products provided through or in connection with the DudCast.com, and the Company hereby expressly disclaims any and all warranties, including without limitation: 1) any warranties as to the availability, accuracy, or content of materials, information, products, or services; 2) any warranties of merchantability or fitness for a particular purpose. Some states do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
Fees and Charges
Some or all of the following fees and charges may be incurred:
A. Subscription fees. The subscriber is responsible for paying periodic subscription fees according to the then-current billing terms. You must be 18 years of age or older to be able to legally subscribe to DudCast.com. For your convenience and satisfaction, all memberships will automatically renew upon expiration unless your subscription is cancelled at least 24 hours prior to expiration. Cost of renewal will not be affected by any increase in DudCast.com subscription rates unless and until you are not informed about that and until and unless you accept such changes. All membership cancellations take place in the member area.
B. Other fees and/or charges for goods and services ordered at, through and/or from DudCast.com and its licensees.
Payment for the services provided to you at and/or through DudCast.com may be made by automatic credit card or check debit and you hereby authorize the Company and its agents to transact such payments on your behalf. You agree not to report as lost or stolen any credit card which you have used in conjunction with payment to DudCast.com, or report any charge by DudCast.com as unauthorized, including charges for any goods or services, including subscription, for which you do not have good reason to believe that the credit card was in fact lost, stolen or used without authorization.
Subscriptions may not be assigned or transferred to any other person or entity. Commercial use of either the Site or any material found within it is strictly prohibited unless authorized by the Site. No material within the Site may be transferred to any other person or entity, whether commercial or non-commercial. No material within the Site may be distributed, downloaded, or otherwise obtained through peer-to-peer networks or any other file sharing platforms. In addition, materials may not be modified, or altered. Materials may not be displayed publicly, or used for any rental, sale, or display. Materials extend to copyright, trademarks, or other proprietary notices. DudCast.com and the Site reserve the right to terminate the Access Right at any time for any Subscriber if the terms of this Agreement are breached. In the event that the terms are breached, Subscriber will be required to immediately destroy any information or material printed, downloaded or otherwise copied from the Site. Subscriber must promptly inform the Company of the following: changes in the expiration date of any credit card used in connection with DudCast.com; changes in home or billing address; apparent breaches of security, such as loss, theft, or unauthorized disclosure or use of an id or password. Until the Company is notified, by conventional mail, web site form, during normal business hours of a breach in security, the subscriber will remain liable for any unauthorized use of DudCast.com. Upon request, subscribers will be given access to billing records that support charges for use of the DudCast.com.
7. ACCOUNT TERMINATION POLICY
A User's access to DudCast.com will be terminated if, under appropriate conditions, the User is determined to infringe repeatedly. DudCast.com reserves the right to decide whether Content or if a User's Submission is appropriate and complies with these Terms and Conditions in regards to violations other than copyright infringement or privacy law, such as, but not limited to, hate crimes, pornography, obscene or defamatory material, or excessive length. DudCast.com may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms and Conditions at any time, without prior notice and at its sole discretion.
Subscription to DudCast.com may be terminated at any time, and without cause, by either the Company or subscriber upon notification of the other by electronic or conventional mail, or by telephone. You agree to be personally liable for all charges incurred by you during or through the use of DudCast.com. Your liability for such charges shall continue after termination of your membership for any reason.
If you request cancellation or request a refund from DudCast.com, your bank or your card issuer, due to unauthorized or fraudulent use, DudCast.com and the Company can, at their discretion, block your information from use at all Company-related websites so that to prevent further unauthorized use.
You acknowledge that DudCast.com reserves the right to charge for DudCast.com services and to change its fees from time to time in its discretion. Further more, in the event DudCast.com terminates your rights to use the website because of a breach of this Agreement, you shall not be entitled to the refund of any unused portion of subscription fees.
Accessing the Materials
Subscribers are responsible for providing all personal computer and communications equipment necessary to gain access to DudCast.com. Access to and use of DudCast.com is through the use of a password. Each subscriber must keep his/her password strictly confidential. For security reasons, DudCast.com will not release passwords by request. Unauthorized access to DudCast.com is a breach of this Agreement and a violation of applicable law(s).
Please note AOL users are known to sometimes experience problems accessing the site. Please contact your Internet Service Provider for more information. Use Firefox or Internet Explorer to be able to fully access the site.
Subject to the terms and conditions set forth herein, DudCast.com hereby grants you a limited, non-exclusive and non-transferrable license to use graphic files, audio files, video files, text, hyperlinks, interlinks, search engines, and other software associated with authorized subscriber use of DudCast.com which the Company provides (materials) during the period in which you are a current subscriber in good standing. You may use the materials only in accordance with the terms and conditions of your membership, only on one computer at a time and, if downloadable copies of the materials are made available by DudCast.com, you may make only a single copy of such materials for your personal use. You may not remove any propriety notices from materials at any time. You may make no use of materials not expressly authorized herein or by prior express written authorization from the Company. Prohibited use, includes, without limitation: (1) permitting other individuals to directly or indirectly use the materials; (2) modifying, translating, reverse engineering, decompiling, disassembling the materials (except to the extent applicable laws specifically prohibit such restriction); (3) making copies or creating derivative works based on the materials except as provided herein; (4) renting, leasing, or transferring any rights in the materials; (5) removing any proprietary notices or labels on the materials; and (6) making any other use of the materials. This license does not grant you any rights to any software enhancements or updates of any kind. Company reserves the rights to terminate any free offers of any kind if needed without prior notification.
Disclaimer of Warranties
You agree that materials and all other services provided to you by the Company are provided on an as is basis, without warranties of any kind, including, without limitation, warranties of merchantability, fitness for a particular purpose and non-infringement. The entire risk as to the quality and performance of the materials and all services provided by the Company is your liability. Should the materials or any other service provided by the Company prove defective and/or cause any damage to your computer or inconvenience to you, you, and not the Company, assume the entire cost and all damages which may result from any and all such defects. This disclaimer of warranty constitutes an essential part of the Agreement. Some states do not allow exclusions of an implied warranty, so this disclaimer may not apply to you and you may have other legal rights that vary from state to state or by jurisdiction. Under no circumstances and under no cause of action or legal theory, shall the Company, its suppliers, licensees, resellers, or other subscribers, or their suppliers, licensees, resellers or subscribers be liable to you or any other person for any indirect, special, incidental, or consequential damages of any character including, without limitation, damages for loss goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages resulting from any use of materials or other use of DudCast.com.
The Company does not screen or endorse advertisements or communications submitted to DudCast.com by third party licensees, advertisers, or subscribers for electronic dissemination through DudCast.com. Subscribers are therefore advised to use their own judgment to evaluate all advertisements and other communications available at or through the use of DudCast.com prior to purchasing goods and/or services described at DudCast.com or otherwise responding to any communication at DudCast.com.
DudCast.com is a service mark of DudCast.com, incorporated. All applicable rights are reserved.
Limitation of Use
All materials included at DudCast.com are for the private use by subscribers only. No other use is intended by the Company, and any other use excluding fair and legal use outlined in the present Agreement is strictly prohibited.
If the Company should at any time provide any service which enables subscribers to communicate with or otherwise share information with other subscribers or persons providing any kind or service to subscribers, you agree not to submit, publish, display, disseminate, or otherwise communicate any defamatory, inaccurate, abusive, threatening, offensive, or illegal material while connected to or otherwise directly or indirectly using DudCast.com or other services provided to you by the Company. Transmission of such material or any material that violates any federal, state, or local law in the United States or anywhere else in the world is strictly prohibited and shall constitute a material breach of this Agreement entitling Company to immediately terminate all rights to access DudCast.com. You are solely responsible for all information you submit, publish, display, disseminate or otherwise communicate through DudCast.com even if a claim should arise after termination of service. If the Company provides any such service described herein, you agree that all messages and other communications by you shall be deemed to be readily accessible to all other subscribers who are authorized to access DudCast.com and agree that all such messages and other communications shall not be deemed to be private or secure. Regardless of whether the Company provides any type of service described herein, you agree that you have hereby been informed and noticed that any and all messages and other communications which you submit to the Company directly or through DudCast.com can be read by the operators and/or other agents of the Company, whether or not they are the intended recipient(s).
Members agree not to engage in advertising to, or solicitation of other Members to buy or sell any products or services through DudCast.com without prior written consent. Members are responsible for information they send or display even if a claim should arise after termination of service.
There are no facilities provided by DudCast.com for sending or receiving private or confidential electronic communications. All messages shall be deemed readily accessible to the public. Do not use DudCast.com for any communication for which the sender intends only the sender and the intended recipient(s) to read.
There is a possibility to get a refund in case you are not satisfied with our service and want your money back. What you have to do is to contact our customer service department through customer support site and apply for a refund. You will also have to explain the reason for your dissatisfaction. Be aware, your request for a refund will be refused if you have already downloaded a large amount of content or if it was your initial payment for your trial membership.
Notices from DudCast.com to subscribers may be given by means of e-mail, by posting on DudCast.com, or by regular mail. Communications from you to the Company may be made by e-mail, conventional mail or telephone. All questions, complaints, or notices to DudCast.com should be sent via the web site online form.
DudCast.com members agree upon joining to have their email address added to the member newsletter mailing list, and may possibly receive special offers from us. This information will not be shared with, or sold any other entity. A strict policy against all types of unsolicited email is applied.
By joining you allow DudCast.com to contact you by email regarding your membership, or with our news relevant to you and special promotional offers. If you don't want us to email you any such offers please click here to unsubscribe.