Delaycast



Terms and Conditions


Read This Terms of Use Agreement Before Accessing the Website.

This Terms of Use Agreement sets forth the standards of use of the Delaycast.com Online Service. By using the Delaycast.com website You agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at the Delaycast.com website. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

Ownership of Intellectual Property

Delaycast.com owns the intellectual property rights, including the copyright and trademark rights, to all content and materials on the Site. This includes, but is not limited to, text, data, images, illustrations, audio and video clips. You may not copy, reproduce, republish, upload, post, transmit, distribute, sell, transfer or modify any of the information or materials found on the Site, except that You may print portions of this Site solely for your personal, non-commercial use of such material. The use of any Intellectual Property on any other site or networked computer environment, or maintaining unauthorized links to the Delaycast.com web site, is prohibited by these Terms. You may not use any "robot", "spider", “scraper” or other automatic device, software, program, algorithm, routine, methodology, or any manual process or functionality to monitor, assemble, analyze, index, copy, transmit, distribute, transfer, or link to any of the pages, data, materials, or content available on the Site.

User Information

Content You send to us, as between us and You, whether via e-mail, forms, messages, ideas, and/or suggestions, becomes our sole property and is transmitted at Your sole risk. You are strictly prohibited from uploading to our site any material that contains any virus, worm, "trojan horse", “time bomb”, or similar contaminating or destructive feature. Violators may be prosecuted to the maximum extent of the law.

Disclaimer of Warranties.

The site is provided by Delaycast.com on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, Delaycast.com makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. Delaycast.com shall have no liability for any interruptions in the use of this Website. Delaycast.com disclaims all warranties with regard to the information provided, including the implied warranties of fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.

Limitation of Liability

Delaycast.com SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR DELAYCAST.COM SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF DELAYCAST.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.

Indemnification

You agree to indemnify and hold Delaycast.com, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Your use of the Service, the violation of this Agreement, or infringement by You, or other user of the Service using Your computer, of any intellectual property or any other right of any person or entity.

Modifications and Interruption to Service

Delaycast.com reserves the right to modify or discontinue the Service with or without notice to the You. Delaycast.com shall not be liable to You or any third party should Delaycast.com exercise its right to modify or discontinue the Service. You acknowledge and accept that Delaycast.com does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

Third-Party Sites

Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage You to review said privacy policies of third-parties’ sites.

Governing Jurisdiction of the Courts [Insert State]

Our website is operated and provided in the State of Illinois. As such, we are subject to the laws of the State of Illinois, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State of Illinois.

Compliance with Laws.

You assume all knowledge of applicable law and are responsible for compliance with any such laws. You may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

Other Terms

If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by Delaycast.com, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a You. You agree that by accepting this Terms of Use Agreement, You are consenting to the use and disclosure of their personally identifiable information.