1. Special Notices1.1 This CATCH SOCIAL User Agreement (this “Agreement”) governs your usage of our services, (hereinafter, “Services”) including CATCH SOCIAL App, a video streaming application and social network developed by us. You are one party and the other party is Catch Social, Inc. (“we” or “CATCH SOCIAL”), a company with its registered address at 259 Elizabeth St, NY NY 10012. For the purposes of this Agreement, you and CATCH SOCIAL will be jointly referred to as the “Parties” and respectively as a “Party”.
1.2 By using our Services, or by clicking on "Sign Up" during the registration process, you agree to all terms of this Agreement. We, at our sole discretion, may revise this Agreement from time to time, and the current version will be found at the following link: User Agreement. By continuing to avail our Services, you agree to be bound by the revised Agreement.
1.3 You may only use our Service if you are 16 years or older, and if you are not subject to statutory age limit to enter into this Agreement according to the applicable laws and regulations in your country. If you are below the aforementioned minimum age, you may only use CATCH SOCIAL if your guardian has provided us with valid consent for you to use CATCH SOCIAL. You may not falsely claim you have reached the minimum age.
1.4 You shall be solely responsible for the safekeeping of your CATCH SOCIAL account and password. All behaviors and activities conducted through your CATCH SOCIAL account will be deemed as your behaviors and activities for which you shall be solely responsible.
2. Services Content2.1.We reserve the right to change the content of our Services from time to time, at our discretion, with or without notice.
2.2 Some of the Services provided by CATCH SOCIAL may require payment. For paid-for Services, CATCH SOCIAL will give you explicit notice in advance and you may only access such Services if you agree to and pay the relevant charges. If you choose to decline to pay the relevant charges, CATCH SOCIAL shall not be bound to provide such paid-for Services to you.
2.3 CATCH SOCIAL needs to perform scheduled or unscheduled repairs and maintenance. If such situations cause an interruption of paid-for Services for a reasonable duration, CATCH SOCIAL shall not bear any liability to you and/or to any third parties. However, CATCH SOCIAL shall provide notice to you as soon as possible.
2.4 CATCH SOCIAL has the right to suspend, terminate or restrict provision of the Services under this Agreement at any time and is not obligated to bear any liability to you or any third party, if any of the following events occur:
2.4.1 You are under the minimum age in order to receive CATCH SOCIAL services;
2.4.3 You fail to make a payment for using paid-for Services.
2.5 EXCEPT FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES SET FORTH IN THIS AGREEMENT, CATCH SOCIAL MAKES NO WARRANTY IN CONNECTION WITH THE SUBJECT MATTER OF THIS AGREEMENT AND CATCH SOCIAL HEREBY DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR PERFORMANCE, REGARDING SUCH SUBJECT MATTER.
4.2 You may not create CATCH SOCIAL account for others, or allow others to use your CATCH SOCIAL account. You shall immediately notify CATCH SOCIAL if you discover unlawful use of your account by others.
4.3 In consideration for our Services, you agree that CATCH SOCIAL has the right to place advertisement or other types of commercial information. You also agree to receive advertisement or other relevant commercial information from CATCH SOCIAL via email or other methods.
4.4 While using CATCH SOCIAL Services, you must abide by all applicable laws and regulations, and all rules and policies of CATCH SOCIAL.
4.5 You may only share information that you are comfortable sharing with the public. You may not distribute via CATCH SOCIAL any content that may be considered:
4.5.1 pornographic, obscene or indecent, or any adult content, including any form of child exploitation;
4.5.2 excessively violent, including any content that is related to death or serious injury;
4.5.3 depicting, encouraging or assisting suicide or self-harm;
4.5.4 rumor, false or misleading information;
4.5.5 hateful speech or conduct, including any content that promote racism, terrorism, ageism or sexism;
4.5.6 profane, blasphemous or any content that may offend people of certain faith, or otherwise related to religion;
4.5.7 related to gambling, weapon, or other highly explosive subject matter;
4.5.8 abusive, libelous, or otherwise harassing other people or group;
4.5.9 spam, junk mail or other unsolicited advertisement;
4.5.10 other contents that in the judgement of CATCH SOCIAL that are negative contents or otherwise not suitable for distribution.
4.6 You may not impersonate any other individual, entity, governmental agency or organizations.
4.7 You may not publish or distribute other people's private information without their express authorization and permission.
4.8 You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish or distribute any copyrighted or proprietary works. You are solely responsible to clear such licenses, rights, consents, and permissions.
4.9 You may not publish or link to any malicious code, phishing website or other content that may threaten the security of the Internet.
4.11 If your account is frozen, suspended, disabled, banned or revoked, you may not create a second account or ask any other to create a second account for you.
5. Refund Policy5.1 Unless otherwise required by the applicable law, no refund will be entertained after the virtual items has been purchased.
6. Intellectual Property Rights6.1 All text, data, images, graphics, audio and/or video information and other materials within the Services provided by CATCH SOCIAL are property of CATCH SOCIAL are protected by copyright, trademark and/or other property rights laws. Nothing in this Agreement shall be construed as conferring any license of any intellectual property rights or such materials by CATCH SOCIAL to you.
6.2 By using and/or uploading any live stream content or other content through a CATCH SOCIAL Services to publicly accessible areas of CATCH SOCIAL website, you grant to CATCH SOCIAL and its sub-licensees the permission, free, permanent, irrevocable, non-exclusive and fully sub-licensable rights and license, without any territorial or time limitations and without requiring any approvals and/or compensations, to use, copy, modify, adapt, publish, translate, edit, dispose, create derivate works of, distribute, perform and publicly display such content (in whole or in part), and/or incorporate such content into existing or future forms of work, media or technology.
7. Terminating Services7.1 You may terminate CATCH SOCIAL Services and this Agreement by revoking your CATCH SOCIAL account. You may contact us at: firstname.lastname@example.org
8. Disclaimers8.1 You shall be fully responsible for any risks involved in using CATCH SOCIAL Services. Any use or reliance on CATCH SOCIAL Services will be at your own risk.
8.2 Under no circumstance does CATCH SOCIAL guarantee that the Services will satisfy your requirements, or guarantee that the Services will be uninterrupted. The timeliness, security and accuracy of the Services are also not guaranteed. You acknowledge and agree that the Services is provided by CATCH SOCIAL on an “as is” basis. CATCH SOCIAL make no representations or warranties of any kind express or implied as to the operation and the providing of such Services or any part thereof. CATCH SOCIAL shall not be liable in any way for the quality, timeliness, accuracy or completeness of the Services and shall not be responsible for any consequences which may arise from your use of such Services.
8.3 CATCH SOCIAL does not guarantee the accuracy and integrity of any external links that may be accessible by using the Services and/or any external links that have been placed for the convenience of you. CATCH SOCIAL shall not be responsible for the content of any linked site or any link contained in a linked site, and CATCH SOCIAL shall not be held responsible or liable, directly or indirectly, for any loss or damage in connection with the use of the Services by you. Moreover, CATCH SOCIAL shall not bear any responsibility for the content of any webpage that you are directed via an external link that is not under the control of CATCH SOCIAL.
8.4 CATCH SOCIAL shall not bear any liability for the interruption of or other inadequacies in the Services caused by circumstances of force majeure, or that are otherwise beyond the control of CATCH SOCIAL. However, as far as possible, CATCH SOCIAL shall reasonably attempt to minimize the resulting losses of and impact upon you.
10. Other Terms10.1 This Agreement constitutes the entire agreement of agreed items and other relevant matters between both parties. Other than as stipulated by this Agreement, no other rights are vested in either Party to this Agreement.
10.2 If any provision of this Agreement is rendered void or unenforceable by competent authorities, in whole or in part, for any reason, the remaining provisions of this Agreement shall remain valid and binding.
10.3 The headings within this Agreement have been set for the sake of convenience, and shall be disregarded in the interpretation of this Agreement.
11. DMCA Copyright
Catch Social, Inc. ("Company") has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act. The address of the Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") is listed at the end of this policy.
Procedure for Reporting Copyright Infringement:
If you believe that material or content residing on or accessible through Company's websites or services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
- Identification of works or materials being infringed;
- Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Company is capable of finding and verifying its existence;
- Contact information about the notifier including address, telephone number and, if available, e-mail address;
- A statement that the notifier has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and
- A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
If we receive a takedown notice in accordance with the foregoing, we will remove the material cited in the notice and attempt to notify any user who uploaded the allegedly infringing material if we have their contact information. Any such user will have the opportunity to submit a “counter-notice” as set forth below. If we determine that any user has repeatedly infringed upon the intellectual property rights of others, we will disable any accounts that user has with us when appropriate.
Procedure to Deliver Counter-Notice:
If any user believes any material removed is either not infringing or that such user has the right to post and use such material from the copyright owner, the copyright owner’s agent, or pursuant to the law, the user must send a counter-notice containing the following information to the Designated Agent listed below:
- A physical or electronic signature of the user;
- Identification of the material that has been removed and the location at which the material appeared before it was removed;
- A statement that the user has a good faith belief that the material was removed as a result of mistake or a misidentification of the material; and
The user's name, address, telephone number, and, if available, e-mail address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the user's address is located, or if the user's address is located outside the United States, for any judicial district in which Company is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Designated Agent, Company will forward a copy of the counter-notice to the original complaining party informing that person that Company may restore the removed material following 10 days. The original complaining party will then have 10 days to notify us that he or she has filed legal action relating to the allegedly infringing material. If Company does not receive any such notification within 10 days, we may restore the material, at our discretion.
Please contact the Designated Agent to Receive Notification of Claimed Infringement for Company at email@example.com or at:
Catch Social, Inc.
259 Elizabeth st
New York, NY 10012