Thank you for visiting TownCast.co (the “Site”). The terms and conditions listed below (the “Terms”) are intended to make you aware of your legal rights and responsibilities with respect to your access to and use of the Site and any related applications whether existing now or in the future (collectively, the “Properties”).
Use of Properties
You agree to use the Properties only in compliance with these Terms and applicable law, and in a manner that does not violate our legal rights or those of any third party.
You agree that you will only use the Properties for your own personal use. You must be at least eighteen (18) years of age to use the Properties. Use of the Properties is void where prohibited.
Certain portions of the Properties may be secured or otherwise protected from access except for authorized users with valid login and password information. Individuals without authorization attempting to access these portions of the Properties may be subject to prosecution.
In creating an account and/or claiming your business’ listing, you represent that all information provided to us in such process is true, accurate and correct. If you are creating an account or claiming a listing on behalf of a business, then you represent that you are the owner or authorized agent of the business. You may not impersonate someone else, create or use an account for anyone other than yourself, provide an email address other than your own, create multiple accounts or business listings except as otherwise authorized by us, or provide or use false information to obtain access to a business’ listing on the Properties that you are not legally entitled to claim. You acknowledge that any false claiming of a business may cause MathewPassy Media or third parties to incur substantial economic damages and losses for which you may be held accountable.
Ownership of Content
A. Your Content
By posting or providing any content to our Properties, you represent and warrant to us that you own or have all necessary rights to use the content, including but not limited to profile information, reviews, images, messages, and any other materials (“Your Content”). By submitting Your Content you acknowledge and agree that such content may be viewed by the general public and will not be treated as private, proprietary or confidential and hereby irrevocably grant us a perpetual, world-wide, non-exclusive, royalty-free, sublicensablesub-licensable, assignable and transferable license and right to use, store, display, reproduce, modify, translate, reformat, incorporate into advertisements, create derivative works, perform, distribute, print, publish, disseminate and place advertising near and adjacent to Your Content for any purpose and in any format or media now existing or created in the future, including, if submitted, your name, voice and likeness, and such permission shall be perpetual and cannot be revoked for any reason. You also irrevocably grant the users of the Properties and third party websites, mobile applications and other platforms who obtained Your Content from us (“Third Party Properties”) the same rightrights you have granted to us herein to use Your Content in connection with their use of the Properties and Third Party Properties. By “use” we mean use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, promote, create derivative works, and in the case of Third Party Properties, and allow their users and others to do the same. You irrevocably waive, and cause to be waived, any claims and assertions of moral rights or attribution with respect to Your Content brought against us, any Third Party Properties and our and their users.
You are responsible for Your Content. You assume all risks associated with Your Content, including anyone’s reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. You may be held liable for Your Content.
In submitting Your Content to us, you represent and warrant that:
- You are the sole author of Your Content, and Your Content are not copied from or based on, in whole or in part, any other work or website, except works in the public; and
- Use of Your Content by us, Third Party Properties and our and their users will not violate or infringe any right of yours or any third party.
With regard to Your Content which are images, you represent and warrant that at least one of the following is met:
- You have taken the photograph or created the image or artwork being submitted;
- You own the rights to the image or artwork; or
- You have explicit permission from the rights-holder to submit such image or artwork for use on our Properties and Third Party Properties and to grant the rights you have granted herein.
Lastly, you represent and warrant to us that any of Your Content submitted to us will not:
- Be unlawful, harmful, threatening, abusive, harassing, tortious, indecent, defamatory, vulgar, profane, obscene, libelous, hateful or otherwise objectionable;
- Contain material that violates the standards of good taste or the standards of the Properties, disparages us, the Properties or Third-Party Properties;
- Violate any third-party right, including, but not limited to, right of privacy, right of publicity, copyright, trademark, patent, trade secret, or any other intellectual property or proprietary rights;
- Reference illegal activity, or describe physical confrontations and/or sexual harassment;
- Contain material that is illegal, or that violates any federal, state, or local law or regulation;
- Contain language or images intended to impersonate another person or offensive or inappropriate user names or signatures;
- Disguise or attempt to disguise the origin of Your Content;
- Be of a nature that does not address the goods and services, atmosphere, or other attributes of the business or professional, or have no qualitative value;
- Be a shill or a deceptive advertisement or cause, or be a result of, a conflict of interest;
- Be commercial in nature, including but not limited to spam, surveys, contests, pyramid schemes or other advertising materials;
- Assert or imply that Your Content is in any way sponsored or endorsed by us; or
- Contain material that is not in English;
each as determined in our sole discretion.
We may, but are not obligated to, use, edit or abridge, post or refuse to post, disable from view, remove or reinstate any content (including Your Content) on the Properties or Third-Party Properties in our sole discretion. Without limiting the generality of the foregoing, we may, but are not obligated to, hide or remove any of Your Content that we determine, in our sole discretion, to be in violation of the terms hereof. We are not obligated to return any of Your Content to you under any circumstances.
B. Our Content
We are the sole and exclusive copyright owners of the Properties and our content, including, but not limited to, visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate user review ratings, reports and other usage-related data in connection with your business, and all other elements and components of the Properties excluding Your Content and third party content (“Our Content”). Some of Our Content is provided by third party contributors who receive consideration from us. While MathewPassy Media provides advertising services for businesses, the substance of Our Content is not impacted by whether any business is a paying advertiser. As between MathewPassy Media and you, MathewPassy Media owns all the copyrights, trademarks, service marks, logos, trade names, trade dress and other intellectual and proprietary rights throughout the world (the “IP Rights”) associated with the Properties and Our Content, which may be protected by copyright, patent, trademark and other applicable intellectual property and proprietary rights and laws. You may not use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, promote, create derivative works, or in any way exploit or allow others to exploit any of Our Content in whole or in part except as expressly authorized by us. Except as otherwise expressly granted to you in writing, we do not grant you any other express or implied right or license to the Properties, Our Content or our IP Rights.
C. Copyright Infringement
If you believe that your copyright has been or is being infringed upon by material found in the Properties, you are required to follow the below procedure to file a notification pursuant to the U.S. Digital Millennium Copyright Act (the “DMCA”). You may be subject to liability under Section 512(f) of the DMCA if you knowingly make any misrepresentations on a take-down notice:
- Identify in writing the copyrighted material that you claim has been infringed upon;
- Identify in writing the material on the Properties that you allege is infringing upon copyrighted material, and provide sufficient information that reasonably identifies the location of the alleged infringing material (for example, the user name of the alleged infringer and the business listing it is posted under);
- Include the following statement: “I have a good faith belief that the use of the content on the Properties as described above is not authorized by the copyright owner, its agent, or law.”;
- Include the following statement: “I swear under penalty of perjury that the information in my notice is accurate and I am the copyright owner or I am authorized to act on the copyright owner’s behalf.”
- Provide your contact information including your address, telephone number, and e-mail address (if available);
- Provide your physical or electronic signature; and
- Send the written communication to:
Attention: Legal Department – Copyright Notice
No Endorsement of Content
Some of the content available through the Properties may include materials that belong to third parties. We also obtain business addresses, phone numbers and other contact information from third party vendors, including without limitation Infogroup Inc., who obtain their data from public sources. We have no control over, and make no representation or endorsement regarding the accuracy, relevancy, copyright compliance, legality, completeness, timeliness or quality of any product, services, advertisements and other content appearing in or linked to from the Properties. We do not screen or investigate third party material before or after including them on our Properties. We reserve the right, in our sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, any portion of the content accessible on the Properties. Where appropriate, we may in our sole discretion and without any obligation, verify any updates, modifications, or changes to any content accessible on the Properties, but shall not be liable for any delay or inaccuracies related to such updates.
Third party content, including those posted by our users, do not reflect our views or that of our parent, subsidiary, affiliated companies, employees, officers, directors, or shareholders. In addition, none of the content available through the Properties are endorsed or certified by the providers or licensors of such third party content. We assume no responsibility or liability for any of Your Content or any third party content. In addition, we do not assume responsibility or liability for any claims, damages or losses resulting from your reliance or use of the Properties, any Third Party Properties or the materials contained herein or therein. Without limiting the generality of the foregoing, we expressly disclaim any liability for any offensive, defamatory, illegal, invasive, unfair, or infringing content provided by third parties.
Restrictions on Use
Without limiting the generality of these Terms, you specifically agree not to do the following while using the Properties:
- Use the Properties for illegal or unauthorized uses;
- Impersonate any person or entity;
- ‘Stalk’ or harass other users or persons;
- Harm minors in any way;
- Falsely state or misrepresent your affiliation with another person or entity;
- Infringe any patent, trademark, trade secret, service mark, copyright, or other intellectual property right of another person;
- Access or use the account of another user without permission;
- Solicit, spam or otherwise advertise to users and/or business using Our Content or the Properties;
- Distribute unsolicited or unauthorized advertising, surveys, contests, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or other messages for any purposes;
- Distribute computer viruses or other code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- Interfere with, disrupt, or destroy the functionality or use of any features of the Properties;
- Interfere with, disrupt, or destroy the servers or networks connected to the Properties, or disobey any rules or regulations applicable to such servers or networks;
- ‘Hack’ or access without permission our proprietary or confidential records, those of another user, or those of anyone else;
- Violate any contract or fiduciary relationship (for example, by disclosing proprietary or confidential information of your employer or client in breach of any employment, consulting, or non-disclosure agreement);
- Violate any applicable law, rule, or regulation (for example, by disclosing or trading on inside information in violation of securities law);
- Decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Properties;
- Remove, circumvent, disable, damage or otherwise interfere with security-related features, or features that enforce limitations on use of, the Properties; and/or
- Modify, copy, publish, license, sell, rent, lease, lend, transfer or otherwise commercialize any rights to the Properties or Our Content;
each as determined in our sole discretion.
Without limiting any other provisions of these Terms, this section is specific to the use of TownCast’s downloadable software application(s) (the “Application”).
A. Use of Content Through the Application
You may choose to download solely for your personal use the Application onto your mobile or wireless device and/or platform (each, a “Mobile Device”). You may not use the Application on any Mobile Device that you do not own or control. Except for use expressly permitted in this Agreement, you may not make other use of any content available through the Application without our express written consent. You will not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part, found on the Application. You will not make any changes to any content that you are permitted to download under this Agreement, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You agree that by downloading the Application you are granted a license to use, but do not otherwise acquire any ownership rights in, the downloaded content.
We may automatically check the version of the Application installed on your Mobile Device and, if applicable, provide updates for the Application (the “Updates”). Updates may include, but are not limited to, bug fixes, patches, enhanced functionality, plug-ins and new versions of the Application. By installing the Application, you authorize the automatic download and installation of Updates and agree to download and install Updates manually as requested from time to time.
We have the right to temporarily disable or permanently discontinue any and all functionality of the Application at any time without notice and with no liability to you.
B. Third Party Beneficiaries
If you are accessing the Properties through an Application available from third parties (collectively “Third Party Providers”) including (without limitation) Apple, Inc.’s “App Store,” and Google, Inc.’s “Google Play” store, you acknowledge and agree that these Terms entered into by and between you and us, and that none of the Third Party Providers are party to these Terms. The Third Party Providers are not sponsor to, nor in any way affiliated with, any of the Properties, nor any of the services, applications, activities or features offered or provided by us, nor do they sponsor any cashback promotion. Notwithstanding the foregoing, the Third Party Providers are third party beneficiaries to these Terms. They are not obligated to provide any support, service or maintenance in regards to the Application. However, as third party beneficiaries they have the right to enforce these Terms against you.
Privacy and Security
We make efforts to maintain the security of user submissions. For example, we arrange for encryption, firewall, antivirus, and spyware protection to the extent that we deem advisable to protect your personal information and conduct our business. However, we do not guarantee the security of the Properties, our records, your submissions, or anything else. We disclaim all liability for any computer virus or technological problems that we do not intentionally cause. You are encouraged to install and maintain up-to-date security software on your computer.
Disclaimer of Warranties and Limitation of Liability
A. Disclaimer of Warranties
YOU BEAR THE ENTIRE RISK OF USING THE PROPERTIES, INCLUDING, WITHOUT LIMITATION, THE CASHBACK BY TownCast PROGRAM, AND ANY PRODUCTS OR SERVICES INCLUDED OR ADVERTISED ON, OR LINKED TO FROM, THE PROPERTIES. WE MAKE NO WARRANTIES, GUARANTEES, REPRESENTATIONS, OR PROMISES REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, OR SUITABILITY OF THE INFORMATION CONTAINED, OR PRODUCTS OR SERVICES OFFERED IN THE PROPERTIES. THE INFORMATION MAY CONTAIN ERRORS OR OMISSIONS, FOR WHICH WE EXPRESSLY DISCLAIM ANY LIABILITY. THE PROPERTIES AND THE ENTIRE CONTENTS THEREOF, INCLUDING, WITHOUT LIMITATION, THE CASHBACK BY TownCastPROGRAM, ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.
WE MAKE NO WARRANTIES, GUARANTEES, REPRESENTATIONS, OR PROMISES REGARDING THE COMPATIBILITY OF OUR PROPERTIES WITH ANY PARTICULAR SOFTWARE OR HARDWARE DEVICES. YOUR USE OF THE PROPERTIES IS AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR SOFTWARE OR HARDWARE DEVICE(S) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF THE PROPERTIES.
B. Limitation of Liability
UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF THE PROPERTIES, INCLUDING, WITHOUT LIMITATION, THE CASHBACK BY TownCast PROGRAM, OR ANY PRODUCTS OR SERVICES INCLUDED OR ADVERTISED IN THE PROPERTIES, WHETHER THE CLAIM FOR DAMAGES IS BASED ON CONTRACT, TORT, OR OTHERWISE. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED THE AMOUNT YOU PAID TO US, IF ANY, FOR THE USE OF THE PROPERTIES.
You agree to indemnify, defend, and hold harmless us and our affiliates, subsidiaries, successors, assignees, licensees, directors, officers, employees, agents, contractors, vendors, business partners, owners, and professional advisors from any claims, damages, liabilities, costs, or expenses (including without limitation court costs, collection costs, and reasonable attorney fees) related to (i) Your Content, (ii) your unauthorized use of the Properties, including, without limitation, the Cashback by TownCast Program, or products or services included or advertised in the Properties; or (iii) your breach of these Terms.
B. Data Fees
Data, messaging, or other ISP and carrier fees may apply in your use of the Properties.
C. Changes to the Terms
MathewPassy Media may modify these Terms or the Cashback Terms from time to time. When changes are made, we will notify you by making the revised version available on this webpage, and will indicate at the top of this page the date that revisions were last made. You shouldIt is your responsibility to revisit these Terms and the Cashback Terms on a regular basis as revised versions will be binding on you. Any such modification will be effective upon our posting of the new Terms. If you do not agree to, or cannot comply with, these Terms or the Cashback Terms as modified, you must stop using the Properties or the Cashback by TownCast Program, and, if applicable, cancel your account. You understand and agree that your continued use of the Properties or the Cashback by TownCast Program after any posted modification to the Terms indicates your acceptance of the modification.
E. Governing Law / Dispute Resolution / Class Action Waiver
If any provision of these Terms or the Cashback by TownCast Program Terms & Conditions (see below) is deemed unlawful, invalid, or unenforceable by a judicial court for any reason, then that provision shall be deemed severed from these Terms, or the Cashback by TownCast Program Terms & Conditions (as applicable), and the remainder of the Terms shall continue in full force and effect. Failure to insist upon or enforce strict performance of any provision of the Agreement shall not be construed as a waiver of any provision or right.
Cashback by TownCast Program Terms & Conditions
(As of July 1, 2019)
- The TownCast Local Rewards Program has been terminated as of July 1, 2019 and all Rewards Points accumulated are hereby voided and are of no value. The Cashback by TownCast Program (“Cashback by TownCast”) is offered by TownCast and any successors and assignees. Cashback by TownCast and TownCast are individually referred to as “TownCast”. These terms and conditions are subject to interpretation by TownCast in its sole discretion and are governed by California law. These Cashback by TownCast Program Terms & Conditions (“Cashback Terms”) are a binding agreement between you and TownCast and will govern your participation in Cashback by TownCast.
- Eligibility: Individuals may become a Cashback by TownCast Member (“Cashback Member”) by enrolling as a TownCast member or signing in with your Facebook account. Users must provide a valid email address in order to enroll in the Cashback by TownCast Program. Cashback by TownCast Members must be residents of the United States and at least 18 years old to qualify. No purchase is necessary to join Cashback by TownCast. Limit of one membership per person and email address. Cashback eligibility may vary depending on Member’s location, timing or other factors.
- TownCast may modify, alter, delete or add new Cashback Terms for its program at any time without notice. This includes modifying, altering, adding or deleting program benefits, redemption levels, reward delivery methods and conditions for active status. These changes may affect the value of benefits already accumulated. Each member is responsible for remaining knowledgeable as to the Cashback Terms. TownCast may terminate the Cashback by TownCast Program, or any element of the program, at any time with or without notice.
- Abuse of the Cashback by TownCast Program, including failure to follow the Cashback Terms, product, or promotional offers and any misrepresentation of fact relating thereto or other improper conduct as determined by TownCast in its sole judgment, may result in cancellation of the member’s account without notice and future disqualification from program participation, forfeiture of all benefits accrued and cancellation of previously issued but unused reward certificate(s). TownCast also reserves the right at its sole discretion to prohibit any Member from participating in any aspect of the Cashback by TownCast Program if TownCast deems or suspects that such Member has engaged in or has attempted to engage in any of the following: (a) acting in violation of these Cashback Terms; or (b) damaging, tampering with or corrupting the operation of the Program or the Site; or (c) acting with intent to annoy, harass or abuse any other person or business; or (d) any inappropriate, uncooperative, disruptive, fraudulent, potentially fraudulent, or unusual behavior or activity; (e) enrolling or mainting more than one (1) Cashback account per household or business address; or (f) activity deemed in the sole discretion of TownCast to be generally inconsistent with the intended operation of the Cashback by TownCast Program. Any decision TownCast makes relating to termination or suspension of any Member’s participation in the Cashback by TownCast Program shall be final and binding in all respects. TownCast shall have sole discretion to determine cases of suspected abuse, fraud, or breach of these Cashback Terms or intent of these Cashback Terms. TownCast may, in its sole and absolute discretion, cancel, change, suspend, or modify any aspect of the Program and/or any Reward at any time, including the availability of any Reward, without notice. TownCast may, in its sole and absolute discretion, terminate or suspend any Member’s participation in the Program for breach of these Cashback Terms, or for taking any actions that are inconsistent with the intent of these Terms and Conditions. In connection with the enforcement of any of the Cashback Terms governing the Cashback by TownCast Program, TownCast reserves the right to take appropriate legal action, as it deems necessary, and to recover damages, attorneys’ fees and court costs. Cashback by TownCast benefits, and Cashback are subject to applicable government regulations and are void where prohibited by law.
- Membership and benefits are nontransferable and may not be assigned to anyone including member’s estate, their successor or assignees. Enrollment becomes effective and acceptance of these Cashback Terms begins when a new member enrolls in the Cashback by TownCast Program.
- As a member of Cashback by TownCast Program, you consent to receive communications from us electronically and agree that we may communicate with you by email or by posting a notice on the Properties. You agree that we may treat specific actions by you, such as checking boxes to receive email updates or sending us an email directly or through the Properties, as a request that we communicate with you by unencrypted email. You acknowledge and agree that unencrypted email sent over the Internet is not secure and may be read by others, and you agree that when you request that we send you email you are authorizing us to transmit and disclose your information from time to time in an unencrypted manner. You further acknowledge that emails sent with this information are not stored in a secure manner. If there is no account activity (defined as an account profile update, benefits accumulated/posted from any source or reward redemption) within a Cashback by TownCast Program member’s account for six (6) months, the account is subject to closure and termination, including forfeiture of all accrued benefits.
- A member can view his or her account information at https://towncast.co/listing-author/.
- Cashback by TownCast Members receive Cashback benefits (“Cashback Benefits”) for various activities performed by Cashback Members, such as making a purchase from a participating business, referring another Cashback Member (“Referred Member”), and when one of your Referred Members makes a purchase from a participating business. Cashback Benefits can be paid to Members via PayPal, check, or other method we select in our sole discretion. Cashback Benefits vary for activity, and also which may be made available for limited times, and TownCast reserves the right to modify the calculation and accrual of such Cashback Benefits at any time in its sole discretion, with or without notice. Cashback Benefits expire one year after being earned and TownCast will not reinstate such Cashback Benefits under any circumstance. TownCast reserves the rights to suspend, terminate, revalue or modify, without liability, or notice to Members, all or part of the Cashback Benefits’ value structure and offers and any merchandise or service. TownCast reserves the right to adjudicate all Cashback Benefits discrepancies in its sole discretion, and Cashback by TownCast Members agree to abide with any such adjudication.
- Cashback Benefits may be taxable, depending on the amount paid, and the federal, state, and local tax laws applicable to Cashback Members. Cashback Members are solely responsible for reporting such items on their tax returns and paying any and all associated tax liability. TownCast makes no representation nor warranty in any respect as to any Cashback Benefits, merchandise or service available within the Cashback by TownCast Program or advertisements related to such merchandise or service.
- By participating in the Cashback by TownCast Program, Cashback Members release TownCast, its parent company, subsidiaries, affiliates, suppliers, advertising and promotions agencies and their respective directors, officers, employees, and agents (collectively, “Released Parties”) from any and all liability for any loss, harm, damages, cost or expense, including, without limitation, property damages, personal injury and/or death, arising out of or in any way connected to the Cashback by TownCast Program and/or the use of the Cashback by TownCast Program.
Other restrictions or exclusions may apply.
(As updated on Aug 22, 2019)