EnD-User Terms & Conditions Agreement
and
Privacy Policy
Mobile Application & Services
This " End-User Terms and Conditions Agreement " (" EUTC ") contains the terms and conditions for your use of a mobile app that enables radio broadcasters, shows, podcasters, etc. to extend their audio stream, social media and digital content to their audiences' mobile devices, and that AirKast, Inc. (" us ," " we " or " our "), the developer of this mobile app, will provide to you as an individual listener of the such radio broadcast, show or podcast ("Show Provider") and user (aka "end user") of the "AirKast Mobile App" (" AirKast App " or " App ").

By accessing or using the AirKast App, you are accepting the terms of this EUTC (on behalf of yourself or the entity that you represent), and you represent and warrant that you have the right, authority, and capacity to enter into this EUTC on behalf of yourself or the entity that you represent.

You may access or use the AirKast App ONLY IF you are 13 years of age or older ( Minimum Age ). However, if other applicable laws require you to be older than age 13 in order to use, access or purchase the AirKast App, then the Minimum Age will be the older age.

IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, DO NOT ACCESS AND/OR USE THE OUR SERVICE OR THE AIRKAST APP.

one License and Access. Subject to the terms of this EUTC, we grant you a non-transferable, non-exclusive, revocable, limited license to use and access the AirKast App solely for your own personal, noncommercial use. Once you purchase (if applicable) and download the AirKast App, we will initiate your access as an end user of such app.

1A. Changes to the EUTC (including the Privacy Policy).
a. We reserve the right to change the EUTC, at any time, in any way, in Our sole discretion, including changing subscription fees and related terms. Any such changes will be effective immediately after We post such changes in the EUTC.
b. The revised We reserve the right to change the EUTC, at any time, in any way, in Our sole discretion, including changing subscription fees and related terms. Any such changes will be effective immediately after We post such changes in the EUTC.
c. The revised EUTC will apply to the use of the Services from the date of publication of the revised EUTC, and you hereby waive any right you may otherwise have to be notified of, or to consent to, such revisions.
d. If you do not agree to the revised EUTC, you must immediately stop using the Services.
e. It is your responsibility to be aware of the EUTC. You should therefore review the EUTC prior to each use of the Services so that you understand the current EUTC.
f. If you have the EUTC cached on your browser, you understand that the EUTC that apply to you are the most recent version appearing in a non-cached browser.

two Certain Restrictions Regarding Your Use. The rights granted to You in these Terms are subject to the following restrictions: (a) You shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the AirKast App, whether in whole or in part, or any content displayed on the AirKast App, including all such content owned by the Show Provider ("Show Provider Content") (all content referred to herein is referred to as "Content"); (b) You shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the AirKast App; (c) You shall not access the AirKast App in order to build a similar or competitive website, product, or service; (d) except as expressly stated herein, no part of the AirKast App (which includes all Content) may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; (e) any materials or information, including any Content, whether audio, visual or otherwise, in any form now or later known, that you receive, view or use through the AirKast App are for Your sole use and may not be copied, shared, or otherwise distributed to any third party; and (f) You will not hack or modify the AirKast App to set up robots to automate or otherwise manipulate content on the AirKast App.

three Your Data. Your use of the AirKast App is your authorization for us, as your agent, to access third party sites which you designate in order to retrieve information. You are licensing to us and authorizing us to use any information, data, passwords, usernames, PINS, personally identifiable information or other content you provide through the AirKast App (" Your Data ") in order for you to use the AirKast App, and that we may retrieve Your Data on your behalf for purposes of providing the AirKast App, to offer products and services, and for other permissible business purposes. Except as otherwise provided herein, we may store, use, change, or display such information or create new content using such information. Information or content (such as but not limited to audio and video recordings, and images) which you have created and submitted via the AirKast App may be used by AirKast or the Show Provider in the manner which includes but not limited to broadcast as part of the Show Provider's Content or displayed and reused on publicly accessible websites. We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses. Our use of Your Data and any aggregated data derived from Your Data is governed by the AirKast Privacy Policy at: http://airkast.com/privacy_policy/policy

four Accuracy of Your Data. You represent and agree to the following with respect to your use of the AirKast App: (a) all of Your Data provided us is accurate, current, and complete; (b) you will not misrepresent your identity or account information; (c) you will keep all account information secure, up to date and accurate; and (d) you are a legal owner, or an authorized user, of the accounts at third party sites (i.e., social media sites) which you include or access through the AirKast App, and that you have the authority to (1) designate us and our service providers as your agent, (2) use the AirKast App, and (3) give us and our service providers the passwords, usernames, and all other information you provide.

five Your Responsibilities. You are responsible for maintaining the confidentiality of Your Data and are fully responsible for all activities that occur through the AirKast App that you downloaded. You agree to immediately notify Us of any unauthorized use, or suspected unauthorized use of your copy of the App, Your Data (as defined below) or any other breach of security. We cannot and will not be liable for any loss or damage arising from Your failure to comply with the terms of this EUTC.
a. You also represent and warrant that Your Data and the use and provision of Your Data on the AirKast App (when applicable) will not: (1) infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (2) violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (3) be fraudulent, false, misleading or deceptive; (4) be defamatory, obscene, pornographic, vulgar or offensive; (5) promote discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (6) be violent or threatening or promote violence or actions that are threatening to any person or entity; or (7) promote illegal or harmful activities or substances.
b. In the event Your Data is reported for possible violations of these standards or any other terms in this EUTC, we may (in our sole discretion) remove such data without any notice to you.

six Third Party Services. With respect to any third party sites we may enable you to access through the AirKast App, you agree to the following: (a) you are responsible for all fees charged by all such third parties; (b) you will comply with all terms and conditions of third parties and agree that this EUTC neither amends any of those terms and conditions, nor is in conflict with any of those terms and conditions; (c) any links to third party sites that we may provide are for your convenience only, and we do not sponsor or endorse those sites; and (d) we are not responsible in any way or liable for any damages or costs arising from your use of any third party sites and services.

seven Limitations of AirKast App. When using the AirKast App, you may incur technical or other difficulties. We are not responsible for any technical or other difficulties or any resulting damages that you may incur. We reserve the right to change, suspend or discontinue any or all of the AirKast App at any time without prior notice.

eight Acceptance of the Services and AirKast App. Your use of the AirKast App constitutes your acceptance of the Services and the AirKast App, and you understand and agree that the Services and AirKast App are subject to change from time to time, in our sole discretion. We will post notifications to all end users of any material change through the AirKast App. Your continued use of the Services and/or the AirKast App will indicate your acceptance of the changes.

nine Ownership. You agree that AirKast and its licensors (whichever applicable) retain all ownership, intellectual property and any other proprietary rights in the AirKast App, associated content, technology, mobile applications and websites.

ten End-User Conduct. You agree not to use the AirKast App or the content or information delivered through the AirKast App in any way that would: (a) be fraudulent or involve the sale of counterfeit or stolen items, including but not limited to use of the AirKast App to impersonate another person or entity; (b) violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (c) create liability for AirKast or its service provider or cause AirKast to lose the services of its service providers; (d) access the information and content programmatically by macro or other automated means; or (e) use the AirKast App in such a manner as to gain unauthorized entry or access to computer systems.

eleven Indemnification.
a. You will, and hereby do, indemnify, defend, and hold harmless AirKast, any Show Provider whose Show Provider Content is available through the AirKast App, and its third party service providers and such Show Provider's and third party service providers' officers, directors, employees and agents, and Our current and former managers, officers, directors, employees, contractors, agents, representatives and affiliates from and against any and all liabilities, claims, (including third-party claims), damages, losses, costs (including reasonable attorneys' fees), arising directly or indirectly from: (i) your violation of these terms; (ii) your use of the Services; (iii) your violation of the rights of any third party; or (iv) your actual or alleged infringement of any third party proprietary or intellectual property right arising out of the duplication, sale, distribution, or use of the Services or Content. If you are a Legal Guardian User of Our Services, then your indemnification obligations in this Indemnification Section extend to include any uses, actions or violations specified herein that were initiated or undertaken by your Minor User.
b. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Us, and you agree to cooperate with Our defense of these claims. We will invoice you for all expenses of Our defense, and you will pay such invoices in full immediately on presentation. You agree not to settle any matter without Our prior written consent.

twelve DISCLAIMER OF WARRANTIES. YOU AGREE YOUR USE OF THE AIRKAST SERVICE AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR RISK AND IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE, AIRKAST AND OUR SHOW PROVIDERS AND SERVICE PROVIDERS, DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE USE OF THE AIRKAST APP, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE, AIRKAST AND OUR SHOW PROVIDERS AND SERVICE PROVIDERS, MAKE NO WARRANTY THAT THE AIRKAST APP (i) WILL MEET YOUR REQUIREMENTS, (ii) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE AIRKAST APP WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE AIRKAST APP WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS IN THE AIRKAST APP OR RELATED TECHNOLOGY WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE AIRKAST APP IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AIRKAST, OUR SHOW PROVIDERS OR THIRD PARTY SERVICE PROVIDERS THROUGH OR FROM THE AIRKAST APP WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

thirteen LIMITATION OF LIABILITY.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING them AND TO STOP USING THE AIRKAST APP.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, and CAUSES OF ACTION ARISING FROM OR RELATED TO THESE USER TERMS (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION INCLUDING NEGLIGENCE), WILL AT ALL TIMES BE LIMITED TO THE AMOUNTS YOU HAVE PAID TO US FOR USE OF OUR SERVICES OR THE AIRKAST APP IN THE CURRENT CALENDAR YEAR OF YOUR SUBSCRIPTION OR LICENSE TERM OR ONE HUNDRED DOLLARS ($100) (WHICHEVER GREATER), PROVIDED YOU DO NOT HAVE ANY THEN-EXISTING PAYMENT OBLIGATIONS TO US.

THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS OR ANY OTHER THIRD PARTY CONTRACTORS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THESE TERMS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL AIRKAST OR ITS PARTNERS, AFFILIATES OR SUBSIDIARIES, OR ANY SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES OR LICENSORS OF AIRKAST OR OF ITS PARTNERS, AFFILIATES OR SUBSIDIARIES BE JOINTLY OR SEVERALLY LIABLE TO YOU FOR ANY PERSONAL INJURY OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, RELIANCE, OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICES OR THE AIRKAST APP (INCLUDING THE CONTENT), WHETHER SUCH DAMAGE IS FORESEEABLE OR NOT, AND WHETHER OR NOT WE, AIRKAST, OUR SHOW PROVIDERS, THIRD PARTY PROVIDERS OR YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

ACCESS TO AND USE OF THE AIRKAST APP and OUR SERVICES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.

SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR CERTAIN DAMAGES; THEREFOR, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH IN THESE TERMS ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US.

fourteen Termination. We may, without any liability to you whatsoever, suspend or terminate (permanently or otherwise) your rights to use the AirKast App (including your account, if applicable) at any time for any reason at our sole discretion, including for any use of the AirKast App in violation of the terms of this EUTC. Upon termination of your rights under these Terms, your right to access and use the AirKast App will terminate immediately.

fifteen Other Terms. You may not assign this EUTC. A determination that any provision of this EUTC is unenforceable or invalid shall not render any other provision of this EUTC unenforceable or invalid. This EUTC and the resolution of any disputes shall be governed by and construed in accordance with the laws of the State of California without regard to its conflict of laws principles. You consent to the jurisdiction and venue of the state and federal located in Alameda County, California for any action permitted under this EUTC, challenge thereto, or judgment upon the award entered. Unless expressly provided in this EUTC, no remedy specified herein is intended to be exclusive of any other remedy, and each and every remedy will be cumulative and in addition to every other right or remedy provided herein or available at law or in equity. If any provision hereof will be held by a court of competent jurisdiction to be invalid or voidable, such provision will be deleted and the remainder thereof will remain in full force and effect, and the parties will substitute for the invalid or voidable provision a valid provision most closely approximating the economic effect and intent of the invalid or voidable provision. This EUTC is not intended to, and shall not, provide any party who is not a party to this EUTC with any rights of any nature whatsoever against any of the parties to this EUTC, and no party who is not a party to this EUTC shall have any right, power, or privilege in respect of any party hereto, or have any benefit or interest, arising out of this EUTC. No delay or omission by AirKast to exercise any right or power it has under this EUTC will be construed as a waiver of such right or power. A waiver by AirKast of any breach by the End User will not be construed to be a waiver of any succeeding breach or any other covenant by the End User.
Notwithstanding anything to the contrary hereunder, YOU AND AIRKAST WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.

Notwithstanding anything to the contrary hereunder, ALL CLAIMS AND DISPUTES RELATED TO THIS EUTC MUST BE LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE END USER LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER END USER.

16. Notice Requirement and Informal Dispute Resolution. Before filing a claim against Us, you agree to try to resolve the dispute informally by sending to support@airkast.com a written "Notice of Dispute" ( "Notice" ) describing the nature and basis of your claim or dispute, your phone number, email and formal mailing address, and the requested relief. After the Notice is received, We will try to resolve the dispute informally by contacting you through email or telephone. If a dispute is not resolved within 45 days after Our receipt of your Notice, then you or We may bring a formal proceeding as permitted below. If applicable, the amount of any settlement offer made by any party may not be disclosed to the arbitrator (as further described below) until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.

17. Force Majeure.
Under no circumstances will We be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, pandemics, endemics, quarantines, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, or nonperformance of third parties

eighteen Release and Waivers
a. Release. You hereby release and forever discharge Us (and Our officers, employees, agents, affiliates, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, Our Services, including any interactions with, or act or omission of, other users or any third party sources and providers.
b. Residents of California. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD have MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR or released party."

REGARDLESS OF THE STATE IN WHICH YOU RESIDE, YOU HEREBY WAIVE ANY SIMILAR PROVISION IN ANY OTHER LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS CALIFORNIA CIVIL CODE SECTION 1542, including any amended version of this california code section 1542.

c. Jurisdictions Prohibiting Our Limitation of Liability. Notwithstanding any provision of these User Terms, if your jurisdiction has laws or regulations specific to waiver or liability that conflict with this Section then Our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (i) death or personal injury caused by Our negligence or that of any of Our officers, employees or agents; (ii) fraudulent misrepresentation; or (iii) any liability which it is not lawful to exclude either now or in the future.

nineteen Time Limits. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Services must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.

twenty Copyright and Other Intellectual Property Infringement Claims. We take the protection of Intellectual Property seriously. We respect the rights of others' content and Intellectual Property, and we expect our end users to do the same. You agree not to copy, distribute, display or otherwise reproduce any of the information or Content available through the AirKast App without receiving our prior written permission. We reserve the right (in our sole discretion) to terminate and/or disable the accounts (or apps) of yours and any other end users for materially or repeatedly infringing the intellectual property rights of AirKast, its licensors, Show Providers and other third party contractors and any other third parties in accordance with all applicable laws. Claims of copyright or other intellectual property infringement can be sent to our Copyright Agent, at support@airkast.com.

Any claims of alleged copyright or other intellectual property infringement must include:
a. Identification of the intellectual property works which are the subject of the claimed infringement.
b. Identification of the claimed infringing activity, including within the AirKast App of the infringing copy.
c. A statement with the signature of the person making the claim, which states that he/she is the owner, or authorized to act on behalf of the owner, of the infringed intellectual property, along with current contact information, which should include a mailing address, telephone number, and email address.
d. A statement of a good faith belief that the subject use is not authorized by the intellectual property owner.
e. A statement as follows: "I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the intellectual property that is allegedly infringed."

If a statement does not include all required elements, it will not be treated as actual notice under the U.S. Digital Millennium Copyright Act (17 U.S.C. §512), or other applicable U.S. intellectual property law.

Although U.S. law does not provide for a similar procedure for trademark infringement, we recommend that you send us information similar to that above with regards to any allegation of trademark infringement, and we will address it as soon as practicable.

In the event we receive a claim, which substantially complies with the complaint requirements detailed above, we will remove the alleged infringing material from our AirKast App, and notify you that the material has been removed. You may provide us with a counter notice if you believe the claim is in error. If you are the subject of multiple claims, we may, in our sole discretion, terminate your account related to or your access to the AirKast App without further notice.



Privacy Policy
This “ Privacy Policy ” is based on Our respect for the privacy of Our Users.  This Privacy Policy governs the manner in which We collect, use, maintain, and disclose information collected from Users of the AirKast App and all of Our Services and such Users’ online interactions through the Services.  All defined terms in this Privacy Policy are either defined below or in the “E nd User Terms and Conditions ” (“ EUTC ”).   The EUTC includes this Privacy Policy, both of which govern your use of the Services.

This Privacy Policy does not apply to any third party websites or social media platforms, which may provide information or offer products and services that AirKast makes available through the Services. To understand how any third party treats your information, you should contact such third party or read its privacy policy and any other applicable terms. 

We encourage you to read this entire Privacy Policy before using the AirKast App and all of Our Services.

Do not use the AirKast App and all of Our Services if you are unwilling to accept the terms and conditions of this Privacy Policy.

You may access or use Our Services ONLY IF you are 13 years of age or older and ONLY IN compliance with the “ Minimum Age of User ” Section in Our EUTC.  If you are younger than 13 years old, you must comply with the Section in Our EUTC BEFORE you may use Our Services.

By using the Services, you agree to the EUTC and this Privacy Policy.

When you submit information to Us, use the Services, or purchase any of Our products or services, you consent to the collection, storage, use, and disclosure of such information in accordance with this Privacy Policy

What we collect about you

  • Information You Provide Us
“ Personal Information ” is information that identifies an individual or that relates to an identifiable individual.  You provide AirKast with the following Personal Information when you contact Us about a dispute or claim or for assistance: your first and last names, email address, password, and if related to a dispute or claim, your phone number, email and formal mailing address, and information related to your dispute or claim.  AirKast collects, uses, and stores this Personal Information as described in this Privacy Policy.

We also collect, use, and store other information about you that we treat as Personal Information when you use the AirKast App or other non-app services. 

Such Personal Information can also include information:
(a) you choose to send to Us;
(b) contained in or relating to any communication you send to Us or send through Our Services (including the communication content and metadata associated with the communication); and
(c) generated during such use, including the timing, frequency and pattern of how you use Our Services.
(f) the mobile device’s advertising identifier also known as Apple’s IDFA and Google’s Advertising ID.

The refusal to provide any of the above-described information may prevent you from using the AirKast App or any other part of Our Services in an effective manner.

In the future, We may allow you to elect to connect your social media account to your Services account, in which case, certain Personal Information from your social media account.

  • Information We Automatically Collect
We automatically collect and log non-personally identifiable information (“Generic Information”) about you and your computer or other device whenever you interact with Our Services. Generic Information may include, but is not limited to, your computer operating system, browser type, browser language, mobile service provider, pages you view on Our Services, how long you spend on a page, your Internet service utilized, products or services you purchase from Us, and other similar information about your use of and actions related to your use of Our Services.

Additionally, we automatically collect but do not log your device’s advertising identifier whenever you interact with Our Services. The advertising identifier is not stored using any methods on Our Services. The advertising identifier is passed to Our Services third-party partners to provide more relevant information, content, or advertising and hence, providing a better and enhanced end-user experience. 

  • Information from Other Sources
We may also obtain information related to you from other sources.  We protect this information according to the practices described in this Privacy Policy, plus any additional restrictions imposed by the source of the data.  These sources vary over time, but may include:
o    service providers that help Us determine a location based on your IP address in order to customize Our Services and for other uses consistent with this Privacy Policy;
o    select partners that make Our Services available on their device or with which We offer co-branded services or engage in joint marketing activities;
o    payment service providers who provide Us with updated payment method information based on their relationship with you;
o    online and offline data providers, from which We obtain demographic, interest based and online advertising related data; and
o    publicly-available sources, such as open government databases.

  • Web Browser Cookies
Our Services may use "cookies" to enhance your experience with Our Services so that Our Services or other offerings are tailored for you in a way that better matches your interests and preferences.  Cookies are small data files stored on your mobile device. We may use both session Cookies that expire once your web browser is closed and persistent Cookies that remain on your computer or mobile device until deleted. Most Internet browsers enable you to erase cookies from your mobile device’s hard drive, block all cookies, or receive a warning before a Cookie is stored. You should refer to your computer, mobile device or web browser instructions or help screen to learn more about these functions.  Please note that some parts of the Services may not function properly if Cookies are disabled. See the section below on “Cookies and Internet Advertising” for more details.

  • Rights to Access, Correct or Delete your Information
You have a right to (1) access, modify, correct, or delete any identifiable Information controlled by AirKast regarding your profile, and (2) change or remove your information or content (but see note below.), and (3) deactivate your account where applicable.  If you close your account, your information will generally be removed from the Services within 48 hours.  We take reasonable measures to delete the requested information and will destroy or de-identify personal information in a secure manner when it is no longer required.

We may reject requests to access, modify, correct, delete, change or remove your information if such request is unreasonable or not required by law, including those that would be extremely impractical, could require disproportionate technical effort, or could expose Us to operational risks.  We may retain information as required or permitted by applicable laws and regulations, including to honor your choices, for Our billing or records purposes and to fulfill the purposes described in this Privacy Policy. 

With the exception of contact information, We do NOT retain user data once they are not Users of (and have an account with) Our Services. 

PLEASE NOTE: Any information or content you have shared with others (if applicable) through the Services (for example, a comment that you posted) or that others have copied may remain visible after you have closed your account or deleted the information from your own profile.  In addition, you may not be able to access, correct, or eliminate any information about you that other Users copied or exported out of Our Services (if such feature is available), because this information may not be within Our control.

Use of Information

We use or may use your information for the following purposes:

o    To operate and improve Our Services.
o    To prevent, detect and investigate potentially prohibited or illegal activities, including fraud, keeping the systems and all data related to Our Services and your use secure as described in this Privacy Policy, and enforcing Our User Terms.
o    To share your information with AirKast affiliates, subcontractors or vendors, as reasonably necessary to provide the Services.
o    To improve customer service and respond to your customer service requests, questions, complaints, comments, support needs and any other non-marketing commercial communications.
o   To send you marketing communications relating to our business or the businesses of carefully-selected third parties which we think may be of interest to you, by post or, where you have specifically agreed to this, by email or similar technology (you can inform us at any time if you no longer require marketing communications);
o    To provide third parties with statistical information about our users (but those third parties will not be able to identify any individual user from that information);
o    To verify compliance with the terms and conditions governing the use of our website (including monitoring private messages sent through our website private messaging service); and
o    To store data locally on your device(s) for recommendation purposes, and in order to provide you with access to Your Content when utilizing the AirKast App or other part of Our Services without access to an Internet connection.
o    Maintain log data utilizing Your Content in order to track your progress during your use of the Services.
o    To send information including invoices, updates, order status, security alerts, technical notices, confirmations, and other support, operational or administrative messages.
o    To deliver or process promotions or newsletters, which may or may not originate from Us or Our third third-party partners.
o    To request your participation in surveys.  We may use the results of such surveys to understand user engagement, as well as for marketing purposes.
o    To facilitate payment processing related to your use of the Services (see section below on Third Party Payment Processors).
o    We use your information in the aggregate to understand how you use the Services and resources provided through Our Services.
o    To send periodic emails. If you opt-in to Our mailing list, you will receive emails that may include company news, updates, or product or service information. 
o    We may aggregate generic, non-personally identifiable information from all Users of the Services, and share this aggregate data or related statistics on the Services in any way We deem useful to promote Us or Our products and services.
o    We may use your geolocation in order to provide relevant content in relation to your geographical area. These include but are not limited to, weather, traffic, local news.
o    Information or content (such as but not limited to audio and video recordings, and images) which you have created and submitted via the AirKast App may be used by AirKast or the Show Provider in the manner which includes but not limited to broadcast as part of the Show Provider’s Content or displayed and reused on publicly accessible websites.
o    We may disclose your personal information to any of Our employees, officers, insurers, professional advisers, agents, suppliers or subcontractors insofar as reasonably necessary for the purposes set out in this Privacy Policy.
o    To the purchaser (or prospective purchaser) of any business or asset that we are (or are contemplating) selling, or to any company in connection with any reorganization, restructuring, merger or sale, or other transfer of assets;
o    We may also disclose your information or information about your activities through the Services when required by law, subpoena or other legal process, whether in the United States or other jurisdictions, or if We have a good faith belief that disclosure is reasonably necessary to: (1) investigate, prevent, or take action regarding suspected or actual illegal activities or any ongoing or prospective legal proceeding or investigation, or to assist government enforcement agencies; (2) enforce the User Terms; (3) investigate and defend Ourselves against any third-party claims or allegations, or protect the security or integrity of Our Services; or (4) exercise or protect the rights, property, or safety of the Services, Us, Our Company and Our Users, personnel, or others. We attempt to notify Our Users about legal demands for their personal information when appropriate in Our judgment, unless prohibited by law or court order or when the request is an emergency. In light of Our principles, We may dispute such demands when We believe, in Our discretion, that the requests are overbroad, vague or lack proper authority, but do not commit to challenge every demand.

PLEASE NOTE: Personal information that you publish or submit through Our Services may, depending on the particular feature, be available, via the Internet, around the world. We cannot prevent the use or misuse of such information by others.

Cookies & Internet Advertising

We and our Service Providers use cookies and other technologies (such as web beacons), as well as advertising identifiers, for various reasons. For example, We use these technologies to make it easy to access Our services by remembering you when you return, and to provide and analyze Our services.  We also use cookies, as well as advertising identifiers, to learn more about Our Users and their likely interests, and to deliver and tailor marketing or advertising.  We want you to be informed about Our use of these technologies, so this section explains the types of technologies We use, what they do and your choices regarding their use.

What are cookies?
Cookies are small data files that are commonly stored on your device when you browse and use websites and online services. They are widely used to make websites work, or to work more efficiently, as well as to provide reporting information and assist with service or advertising personalization.  Cookies are not the only types of technology that enable this functionality.  We also use other, similar types of technologies, as described below.

What are advertising identifiers?
Advertising identifiers are similar to cookies and are found on many mobile devices and tablets (for example, the "Identifier for Advertisers" (or IDFA) on Apple iOS devices and the "Google Advertising ID" on Android devices), and certain streaming media devices. Like cookies, advertising identifiers are used to make online advertising more relevant.

Why do We use cookies and advertising identifiers?

Essential cookies : These cookies are strictly necessary to provide Our Services. For example, We and our Service Providers may use these cookies to authenticate and identify Our Users so We can provide Our services to them. They also help Us to enforce our User Terms, prevent fraud and maintain the security of Our Services.

Performance and functionality cookies : These cookies are not essential, but help Us to personalize and enhance your experience with the AirKast App and Our related services.  For example, they help Us to remember your preferences and prevent you from needing to re-enter information you previously provided (for example, during User login). We also use these cookies to collect information (such as popular pages, conversion rates, viewing patterns, click-through and other information) about Our Users’ use of the Services so that We can enhance and personalize Our Services and conduct market research.  Deletion of these types of cookies may result in limited functionality of Our Services.

Advertising cookies and advertising identifiers: These cookies and advertising identifiers use information about your use of Our Services, Our Company Website, your response to ads and emails, and to deliver ads that are more relevant to you. These types of ads are called "interest-based advertising. " Many of the advertising cookies associated with Our Services belong to Our Service Providers.

How can I exercise choice regarding cookies and advertising identifiers?

To opt out of interest-based ads from Us in connection with an advertising identifier on a mobile device, tablet, or streaming media devices, please configure the appropriate setting on your device (usually found under "privacy" or "ads" in your device's settings). You may still see AirKast App ads on your device, but they will not be tailored to your likely interests.

How Do We use Web Beacons and other Technologies?

Web beacons (also known as clear gifs or pixel tags) often work in conjunction with cookies. We and our Service Providers may use them for similar purposes as cookies, such as to understand and enhance the use of Our Services, improve site performance, monitor visitor traffic and actions on the AirKast App, and understand interactions with Our marketing (including email and online ads on third party sites). Because web beacons often work in conjunction with cookies, in many cases, declining cookies will impair the effectiveness of web beacons associated with those cookies.

We use other technologies that are similar to cookies, such as browser storage and plugins (e.g., HTML5, IndexedDB, and WebSQL). Like cookies, some of these technologies may store small amounts of data on your device. We may use these and various other technologies for similar purposes as cookies, such as to enforce Our User Terms, prevent fraud, and analyze the use of Our Services.  There are a number of ways to exercise choice regarding these technologies. For example, many popular browsers provide the ability to clear browser storage, commonly in the settings or preferences area; see your browser's help function or support area to learn more. Other technologies, such as Silverlight storage, may be cleared from within the application.

Do Not Track Signals

Some browsers or other tools include “do not track” features which, when turned on, send a signal to websites you visit indicating you do not wish to be tracked across websites over time. At this time, AirKast does not respond to these types of “do not track” signals.

Protection of your Information

We take the protection of your personal information seriously.  We use reasonable administrative, logical, physical and managerial methods to maintain the integrity and security of Our databases, including the use of SSL encryption, firewalls, the use of digital signatures, administrative access level controls and employee training. We adopt reasonable data collection, storage and processing practices and security measures to safeguard your personal information against loss, theft and unauthorized access, use and modification. These measures are designed to provide a level of security appropriate to the risks of processing your personal information.

You acknowledge and agree, however, that no such measures are ever completely, 100% secure or error-free. While We believe Our security procedures are commercially reasonable, We cannot guarantee the security of any information you submit or any information We gather.

Data Storage in the United States

We use and rely on the third party data hosting services of such as Amazon Web Services, Inc. (“AWS”) to host our Services on servers located in the United States.  This means that if you do not reside in the U.S., then your Personal Information and other information will be transferred out of your country of residence and to the U.S., and such information will be processed and stored in the U.S.

AWS has represented to us that the data protection and privacy practices they follow are in compliance with various relevant statutory norms.  You can access details on this at http://aws.amazon.com/security/.   For users residing in the European Union, please note that AWS has established data protection policies and procedures in compliance with the GDPR.  You can access details on this at https://aws.amazon.com/compliance/data-privacy-faq/.

The policies and practices described in this Privacy Policy do not apply to AWS and we make no warranty or claim regarding the privacy, confidentiality, integrity and security of any information and data stored or retained by AWS.

If you do not want your Personal Information to be transferred to a server located in the U.S., you should not provide us with your personal information or use the Service.

If you are not a resident of the U.S., by using the Services, you consent to the storage and processing of such information in the United States, which may have data protection laws that are different from those of your country of residence.

Service Providers & Other Third Parties

We use other companies, agents or contractors, including Processors as described above, to perform services on Our behalf or to assist Us with the provision of the Services to you (collectively, "Service Providers").   For example, in addition to Processors, We may engage Service Providers to provide marketing, advertising, communications, infrastructure and IT services, to personalize and optimize Our Services, to provide customer service, to collect debts, to analyze and enhance data (including data about users' interactions with Our Services), and to process and administer consumer surveys.  In the course of providing such services, these Service Providers may have access to your personal or other information. We do not authorize them to use or disclose your personal information except in connection with providing their services as described in these User Terms.

Also, social plug-ins and social applications are operated by the social networks themselves; therefore, if you choose to use such social plugins and social applications in connection with Our Services (if such connection is available), you understand that you are subject to the terms of use and privacy policies of such social networks.

Further, Our Services may include hyperlinks to, and details of, third party websites.  We have no control over, and are not responsible for, the privacy policies and practices of the owners and operators of such websites.


Your California Privacy Rights Under the CCPA

If you are a California resident, you may exercise the following rights under the California Consumer Privacy Act (“ CCPA ”).

Right to Know and Access . You may submit a verifiable request for information regarding the: (1) categories of Personal Information collected, sold, or disclosed by Us; (2) purposes for which categories of Personal Information are collected or sold by Us; (3) categories of sources from which we collect Personal Information; and (4) specific pieces of Personal Information We have collected about you (if any) during the past twelve months.

Right to Delete . Subject to certain exceptions, you may submit a verifiable request that We delete (if any) Personal Information about you that We have collected from you.  (See Our contact information below.)

Verification . Requests for access to or deletion of Personal Information are subject to Our ability to reasonably verify your identity in light of the information requested and pursuant to relevant CCPA requirements, limitations, and regulations. To verify your access or deletion request, please follow the instructions provided in Our email response to your request.

Right to Opt Out . In some circumstances, you may opt out of Our sharing of your Personal Information.  For example, We may share your Personal Information with Our advertising partners in order to send you promotional communications about AirKast or to show you more tailored content, including relevant advertising for products and services that may be of interest to you.  If you would like to opt out of such sharing of your Personal Information, please use contact Us at the email address indicated below or perform the opt out process within the app.

Right to Equal Service and Price . You have the right not to receive discriminatory treatment for the exercise of your CCPA privacy rights, subject to certain limitations.

California’s Shine the Light Law . California Civil Code Section 1798.83, known as the “Shine The Light” law, permits Our Users who are California residents to request and obtain from Us a list of what personal information (if any) We disclosed to third parties for direct marketing purposes in the preceding calendar year, as well as the names and addresses of those third parties.  Requests may be made only once a year and are free of charge.  (See contact information below.) 

We do not rent, sell, or share Personal Information (as defined by California Civil Code §1798.83) about you with other people or nonaffiliated companies for their direct marketing purposes, unless We have your permission. If We receive your permission, nonaffiliated companies may use your Personal Information to send you offers or other information that you may find of interest. Notwithstanding the foregoing, we may share Personal Information about you with Our advertising partners in order to send you promotional communications about AirKast or to show you more tailored content, including relevant advertising for products and services that may be of interest to you. 

If you wish to opt out of such information sharing, please contact Us at the email address indicated below or perform the opt out process within the app.

Submit Requests . To exercise your rights under the CCPA, send an email to Us via Our Contact Information section.

Authorizing an Agent : To authorize an agent to make a request to know or delete on your behalf, please provide Us with written authorization signed by you and your authorized agent, and We will contact you with further steps required to verify your identity.

Advertising

We may place advertising on Our Services, which contains links to the third party websites of Our partners, advertisers, sponsors, or other third parties. We accept no responsibility for the practices of such third party sites with respect to their privacy policies, and you should consult these websites’ policies prior to use.

Advertising available through Our Services may be provided by advertising partners, who might provide you with interest-based ads.  Such ads are online ads that are tailored to your likely interests based on your use of various apps and websites across the Internet.  If you are using a browser, these advertising partners may set cookies and web beacons to collect information to help determine your likely interests.  If you are using a mobile device, tablet, or streaming media device that includes an advertising identifier, then that identifier can be used to help determine your likely interests.  Further, some of Our ads may be provided by Google, who uses DART cookies to deliver targeted advertising. You may review and opt out of DART cookies at www.google.com/privacy_ads.html.

Minimum Age of Users

You must be 13 years of age or older to use Our Services.  While an individual under the age of 13 may utilize Our Services, such individual may do so ONLY with the involvement, supervision, and approval of such individual’s parent or legal guardian.  AirKast does not knowingly collect Personal Information about children under the age of 13 without the express consent of such child’s parent or legal guardian.

Sensitive Information

Do not send us, and do not disclose, any sensitive Personal Information (e.g., Social Security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, biometrics or genetic characteristics or criminal background) through Our Services or otherwise to Us.

Information of Others

Before you disclose to Us the personal information of another person, you must obtain that person’s consent to both the disclosure and the processing of that personal information in accordance with this Privacy Policy.

Opt-out Choice

In practice, by using Our Services, you provide Us with implied consent for Our marketing purposes; however, you may opt-out by instructing Us at any time not to process your Personal Information for marketing purposes.  Just follow the unsubscribe instructions at the bottom of emails that We send you or via Our Services. 


Changes to this Privacy Policy

AirKast reserves the right to change this Privacy Policy in its sole discretion at any time.  Any changes will become effective when We post the revised Privacy Policy within the AirKast App or on any other part of the Services.  Your use of the Services following such changes means that you accepted the revised Privacy Policy.


Contact Us

We want to be clear about our privacy practices so that you can make informed choice about the use of your information; therefore, if you have any questions about this End-User Terms & Conditions and  Privacy Policy, please contact us at support@airkast.com.

Because email communications are not always secure, please do not include credit card or other sensitive information in your emails to us.  Also, please note that if you contact Us for assistance, for your safety and Ours, We may need to authenticate your identity before providing any assistance you requested.

Effective Date: July 1, 2020


 


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