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End User License Agreement

RichCast EULA

ISSUED BY PANIVOX LIMITED

Last updated 20 June 2022

 

INTRODUCTION AND SUMMARY

RichCast is an exciting new entertainment platform brought to you by Panivox Limited (a registered UK limited company with company number 12823124) (“Panivox” / ‘we’ / ‘us’). 

We don’t want you damaging RichCast or Panivox by using it illegally, to produce offensive material to commercial exploit RichCast in an unintended manner so we need you to agree to some simple terms to enjoy RichCast as intended.

 

  • This EULA is a legal agreement between us and you, so please read it carefully. It describes how you are permitted to use the RichCast platform.

  • If you don’t want to or can’t agree to this EULA then you must not download, use or install RichCast.  If you have already downloaded and used RichCast, and no longer want to agree to this EULA, you must stop using RichCast and delete it from your device.

  • If you break these rules, we may stop you using the RichCast platform, or ask our lawyers to get in touch.

  • The RichCast platform is provided on an ‘as is’ basis.

  • This EULA may change from time to time.

  • You are only allowed to use RichCast if you are 18 years or older, or you are 13 years or older and your parent or legal guardian has read this EULA and explained its contents to you..

  • RichCast requires internet connectivity and the availability of our Online Service to function.

  • If you have any questions or comments about this EULA please contact us at: legal@panivox.com
     

How RichCast works with other platforms. This EULA is in addition to any applicable terms and conditions of any other device or channel on which we make RichCast available (“Platform Terms”). The Platform Terms are therefore deemed incorporated into this EULA.


Operating System Updates. RichCast has been developed to work on the latest version of Windows, MacOS, iOS and Android at the time of its release. Microsoft, Apple and Google may from time to time update their software, and Panivox will endeavour, but not be obligated, to update RichCast to ensure that its functionality and performance continue with any update release. It is your obligation to ensure that you are using the latest compatible public release of any operating system.

  1. LICENSE TO USE RICHCAST

    1. Panivox owns the RichCast platform, and the content in RichCast platform (except for the User Content mentioned in section 5 below).

    2. Panivox hereby grants you a limited, non-exclusive right and licence to download, install and use RichCast on compatible devices, in accordance with this EULA.

    3. Your use of RichCast is subject to the Platform Terms of Apple on iOS and Mac devices, Microsoft on Windows devices and Google on Android devices. 
       

  2. WHAT YOU CAN’T DO

    1. You may use RichCast as described in this EULA but you may not do any of the following (except to the extent expressly permitted by this EULA):

      1. share, rent, reverse engineer, resell, create derivative works based on or make available copies of RichCast (or any hacked versions) to anyone else, and don’t let anyone else have unfair or unreasonable access to anything we’ve made; 

      2. remove, modify or tamper with any copyright, trademark or other notice;

      3. do anything that we deem to be in conflict with the spirit or intent of RichCast and/or the Online Service;

      4. attempt to gain unauthorised access to the Online Service or to the computers, devices, servers, or networks connected to the Online Service by any means other than the user interface provided by Panivox; or

      5. use RichCast for any illegal immoral or offensive purposes as further set out in the User Content Rules in section 5.12.  
         

  3. TERMINATION

    1. We can terminate this EULA if you don’t comply with it, and you can terminate it too by uninstalling RichCast from your device.

    2. You may terminate Panivox's rights to Distribute your User Content by withdrawing your content from RichCast, however you acknowledge that your User Content that has been included in other third party User Content may continue to be Distributed on RichCast even after the EULA is terminated.
       

  4. ONLINE SERVICE

    1. Panivox may, but shall not be obliged to, provide and maintain certain online functionality, and other online features relating to RichCast (“Online Service“).

    2. Panivox does not guarantee that the Online Service or a particular part of the Online Service will always be available.

    3. Panivox reserves the right to add, change or remove any Panivox-owned content, configurations, features, assets or other material provided by Panivox to you for use in User Content via on the Online Service. 
      User Rules

    4. You agree that you will not act unlawfully or in any way which gives rise to civil or criminal liability or which might call Panivox or RichCast into disrepute.

    5. Where RichCast allows you to share pre-determined messages with other users, Panivox is entitled to remove, restrict, suspend or alter that ability for any reason.  

    6. You will cooperate fully with Panivox to investigate any suspected unlawful, fraudulent or improper activity.

    7. If you feel that the behaviour of another user breaches the terms of this EULA then please let Panivox know by sending an email to legal@panivox.com with details of the potential breach and/or the user responsible. Panivox will take reasonable steps to deal with any breach.

      You use the Online Service at entirely your own risk:
      It is a known risk of internet usage that people are not necessarily who they say they are. People may provide information or behave in a way that is unreliable, misleading, unlawful or illegal. Panivox has no way of telling if statements made by other users of RichCast and/or the Online Service are true. This is a decision that can only be made by you and the exercise of some degree of caution is recommended. By using RichCast and/or the Online Service and its parts you accept that this is the case and accept the risk associated with it. Users must take particular care in relation to the disclosure of their own personal information.

       

  5. USER CONTENT

    1. RichCast may allow you and other users of RichCast to create your own content or assets to upload and share with other users of RichCast on the Online Service, send communications to us or third parties or contribute content and information you own for use in RichCast or otherwise by us or third parties, including without limitation any content or assets that you create, upload, make available or submit to RichCast or the Online Service (“User Content”).

    2. You confirm that (i) where any of your User Content includes third party content or assets not owned by you, you hold a valid licence to use such content or assets in the User Content and to Distribute it via RichCast, or (ii) that the content or assets are public domain works that are not subject to intellectual property laws.

    3. For the purposes of this EULA “Distribute” means use, sell, market, promote, sub-licence to end users, distribute and otherwise make available to third parties.

    4. Panivox is engaged in the business of marketing and publishing RichCast and providing the related entertainment services in the form of the Online Service. Ancillary to that it is engaged in the transmission, storage, retrieval, hosting, formatting or translation of User Content without selection or alteration of the content of the communication for which it is a mere conduit.

    5. In connection with the use of RichCast and the Online Service ONLY and subject to this EULA, you may (and are granted a limited, non-exclusive license and right to) use the software that forms part of RichCast and the Online Service to communicate with other users of RichCast using the Online Service and post, transmit, communicate and to make available User Content.

    6. Panivox is engaged in the business of marketing and publishing RichCast and providing the related entertainment services in the form of the Online Service. Ancillary to that it is engaged in the transmission, storage, retrieval, hosting, formatting or translation of User Content without selection or alteration of the content of the communication for which it is a mere conduit.

    7. By using RichCast you agree and accept that Panivox has no responsibility to review any User Content all of which is made available on the basis that Panivox shall not be required to exercise any control or judgement of the content or the material posted or contained therein.  For the avoidance of doubt the views expressed in any User Content are the views of the individual authors and not those of Panivox unless specified otherwise by Panivox. Without limitation to the foregoing Panivox is not responsible for and disclaims all liability in respect of any audio content, visual content, comments, views or remarks expressed in any User Content.

    8. Panivox shall be entitled to (i) use, publish, edit, translate, modify and adapt User Content you make available, or post to or transmit to RichCast and/or the Online Service and (ii) remove, restrict, suspend or alter any User Content (and the ability to share or create User Content) for any reason in its sole and absolute discretion.

    9. To the extent that your User Content is derived from RichCast or material provided by Panivox you hereby license to us all Intellectual Property Rights subsisting in User Content which is owned by you.

    10. Panivox gives no warranty and makes no representation as to the accuracy, currency or validity of the information and material contained within the User Content or the Online Service and shall not be responsible for any loss or damage caused as a result of any use of such information or material. 

    11. If you discover User Content which you believe contravenes the terms of this EULA please notify Panivox by sending an email to legal@panivox.com with details of the contravening User Content.


      User Content Rules

    12. You agree and undertake that you are entitled to make available, or post to or transmit to RichCast your User Content and to grant us those rights set out in clause 5.9, and will not make available, or post to or transmit to RichCast any statement, material or other User Content, nor use the Online Service or RichCast in any way that:

      1. is abusive, seditious, pornographic, aggressive, homophobic, defamatory, libellous, untrue, hateful, discriminatory, obscene, offensive, inflammatory, sexist or racist;

      2. harasses, bullies or intimidates any person;

      3. will infringe any Intellectual Property Rights or other rights of any person (save to the extent that your User Content is derived from RichCast or material provided by Panivox);

      4. involves exploitative behaviour, through but not limited to, third party programs, bots, scripts, viruses or other means which are reasonably prohibited by us from time to time, or which take advantage of bugs, unintended errors, or features that have not been documented, to access restricted parts of RichCast or which otherwise constitutes activity which Panivox reasonably but in its sole discretion deems against the “spirit” of RichCast;

      5. encourages any violation of this EULA or of a third party service provider’s terms of service;

      6. is unlawful, malicious, misleading (including impersonation), discriminatory or which gives rise to civil or criminal liability or which might call Panivox, the Online Service or RichCast into disrepute;

      7. infringes upon the intellectual property or other rights of any third party or facilitates or encourages such infringement or entails the distribution of any player’s personal information (other than your own, as a private message);

      8. is technically harmful such as the introduction of computer viruses, worms, logic bombs or other malicious software or harmful data, or otherwise attempts to or actually does modify or interfere with RichCast or overburden or disrupt any computer or server used by RichCast;

      9. may be deemed a marketing or commercial communication;

      10. promotes any illegal or unlawful activity including but not limited to solicitation, gambling or the sale of prescription medicines;

      11. seeks or attempts to make any arrangement to meet a person under the age of 18;

      12. contains any restricted material, including but not limited to passwords, medical information or confidential information of any person;

      13. constitutes, in our reasonable opinion, misuse of RichCast or an attempt to gain unauthorised access to RichCast or parts thereof, or to the accounts of other users or networks or devices; or

      14. solicits, invites, encourages, advocates, incites or provokes any or all of the foregoing.
         

    13. In respect of any User Content that you create and upload to the Online Service, you hereby grant Panivox a non-exclusive, worldwide, transferable, royalty-free, sub-licensable, perpetual right and licence to:

      1. Distribute your User Content through the Online Service;

      2. use and make available screen shots and video sequences of your User Content and create and make available (including via third party services) such other promotional and marketing materials as it shall wish for the purposes of promoting your User Content, RichCast and/or the Online Service in any and all media;

      3. Distribute demonstration or free versions of your User Content for the purposes of reviewing, promoting and marketing only; and

      4. use any trade marks or trade names by which you or your User Content is known in connection with the Distribution of the User Content hereunder.
         

    14. You warrant and represent to Panivox that (save to the extent that your User Content is derived from RichCast, material provided by Panivox, or a public domain work):

      1. you own the User Content or are a licensee of the User Content and any third party content in the User Content and all Intellectual Property Rights therein; and

      2. you have the full power to enter into this EULA and are entitled to grant the rights, licences and assignments contained in it and have all requisite licences and assignments necessary to do so.
         

    15. You will indemnify (agree to compensate) and hold harmless Panivox against all actions, claims, proceedings, costs and damages (including any damages or compensation paid by Panivox on the advice of its legal advisors to compromise or settle any claim) and all legal costs or other expenses or arising out of any breach of the above warranties or this EULA.

  6. ​APPLE DEVELOPER TERMS

    1. The following terms of this clause are the terms which Panivox is required by Apple to notify you of and obtain your consent in respect of using the iOS version of RichCast (Apple iPad and iPhone etc):

    2. You and Panivox acknowledge that this agreement concluded between you and Panivox only, and not with Apple Inc, nor any subsidiary or affiliate company of Apple Inc, (“Apple”). You also acknowledge that Apple is not responsible for RichCast and the content thereof.

    3. Panivox is solely responsible for providing support and maintenance for RichCast. You and Panivox acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to RichCast.

    4. You acknowledge that Panivox, and not Apple, is responsible for addressing any claims you may have relating to RichCast or your possession and/or use of RichCast, including but not limited to: (i) product liability claims; (ii) any claim that RichCast fails to confirm to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

    5. You acknowledge that in the event of a third party claim that RichCast or your possession and use of RichCast infringes that third party’s Intellectual Property Rights, then Panivox shall be solely responsible for the investigation, defence, settlement and discharge of any such Intellectual Property Rights infringement claim, and not Apple.

    6. You represent and warrant that (i) you are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a “terrorist supporting” country; and (ii) you are not listed on any US Government list of prohibited or restricted parties.

    7. You acknowledge and agree that Apple are third party’s beneficiaries of this EULA, and that when you accept this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third party beneficiary thereof.

    8. Panivox uses third party software and services provided in RichCast (explained above). Use of RichCast is therefore subject also to your acceptance and compliance of these third party terms and you agree to comply with the applicable third party terms and conditions when using RichCast. More information about this can be found in our Privacy Policy.  
       

  7. ​OUR LIABILITY

    1. Nothing in this EULA will limit any of your rights which may not be excluded under law.  This means that, irrespective of any other terms in this EULA:

      1. our liability to you for personal injury or death caused by our negligence is not excluded or limited, nor is our liability to you for any fraudulent representation we make;

      2. if the RichCast platform and/or the Online Service is faulty (i.e. not of satisfactory quality, not fit for purpose or not as described) when you use it, we will try to fix issues as soon as possible. Please note that the RichCast platform is in continual development and as such Panivox may accidentally introduce some bugs as it aims to improve the functionality;

      3. if we can’t fix the bugs within a reasonable time, or without significant inconvenience to you, you’re entitled to all or some of your money back in accordance with the applicable Platform Terms.

    2. Other than as mentioned above, our overall liability to you is limited to the price you paid to use and access the RichCast platform and the Online Service in the three (3) months prior such liability arising. The RichCast platform and the Online Service, along with any updates or upgrades, is provided “as is”. That means we don’t make any promises to you about the RichCast platform and/or the Online Service other than that the RichCast platform and/or the Online Service will be of satisfactory quality, as described, and fit for purpose.  We don’t make any other promises to you about the RichCast platform and/or the Online Service. 

    3. Our promises to you about the RichCast platform and/or the Online Service do not apply if any defects or faults in the RichCast platform and/or the Online Service are as a result of your having altered or modified the platform (including using any mods), or where you have used the RichCast platform in breach of this EULA.

    4. We’ll use reasonable skill and care to provide the RichCast platform and/or the Online Service, but can’t guarantee there won’t be any errors or interruptions when playing it or using them, or that they won’t cause any problems with your device. 

    5. Please do let us know straight away if you discover any problems with the RichCast platform and/or the Online Service, so we’re aware and can decide whether it’s something we need to address in a future release (if there is one). You can contact us to let us know about any problems with the RichCast platform and/or the Online Service at legal@panivox.com
       

  8. INDEMNITY AND REMEDIES

    1. Make sure you read this EULA carefully and understand its contents. If we are threatened or face legal action because you’ve uploaded someone else’s content, or because you break any of the other rules in this EULA, we may hold you responsible. That means you will need to compensate us, and pay us back for any damage we suffer as a result, and for our legal and other expenses.

    2. Panivox’s licensors shall be third-party beneficiaries under this EULA and shall have the express right to enforce its provisions and to enjoy the benefits of its protections.
       

  9. OWNERSHIP

    1. All right, title, interest and ownership rights in RichCast and any copyright, design right, database right, patents and any rights to inventions, know-how, trade and business names, trade secrets and trade marks (whether registered or unregistered) and any applications therefor and other intellectual property rights (“Intellectual Property Rights”), in or connected with RichCast and each part thereof (including by way of example only any titles, code, themes, objects, characters, stories, catchphrases, concepts, artworks, animations, sounds, music, audio-visual effects and methods of operation) are owned by, belong to and vest in Panivox or its licensors.

    2. RichCast may contain certain licensed materials and Panivox’s licensors may act to protect their rights in the event of any breach of this EULA. All trade marks are the property of their respective owners.
       

  10. OTHER IMPORTANT TERMS

    1. Panivox reserves the right to change, adapt or update this EULA from time to time. Panivox shall inform you of any such changes as soon as reasonably practicable.

    2. In the event that any provision of this EULA shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision will be enforced to the maximum extent permissible and the remaining portions of these Terms shall remain in full force and effect.

    3. This EULA is governed by English law and you can bring proceedings in respect of RichCast or this EULA in the English courts. If you live in Scotland you can bring legal proceedings in respect of RichCast in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of RichCast in either the Northern Irish or the English courts.  

 

CONTACT INFORMATION

All questions, comments or enquiries should be directed by email to Panivox at legal@panivox.com Panivox will endeavour to respond to any query or questions within five (5) business days.

 

© 2022 Panivox Limited. Published by Panivox. RichCast is a registered trade mark of Panivox Limited.