Terms of Service

Effective Date: December 14, 2017

PLEASE CAREFULLY READ THESE TERMS OF USE (“TERMS”). BY CLICKING TO INDICATE THAT YOU AGREE TO THESE TERMS AND/OR DOWNLOADING OR USING THE APP, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT ACCESS OR USE THE SERVICES OR CLICK TO INDICATE THAT YOU AGREE TO THESE TERMS.

These Terms are a legal agreement between Castar App Holdings, Inc. (“Castar,” “us,” “our” and “we”) and you (also referred to as “your”) that governs the Castar mobile application and related services, including all Updates (defined in Section 3 below), related documentation, and information and Content (defined in Section 7(a) below) provided through the application (collectively, the “App”).

By using the App, you authorize the collection of information about you, your use of the App, the device on which the App is installed, and the use, transmission, processing, and storing of information as described in Castar’s Privacy Policy (located at [Insert Link to Privacy Policy]).

  1. Account Registration. In order to use the App you will need to log-in to the App with a user account that you register for through the App (“Account”). You agree to provide current, complete, and accurate Account information when you register for an Account. You agree to keep your log-in information confidential and not authorize any third party to use it or your Account. You agree that we may attribute all use of your Account to you, and that you are responsible for all activities that occur under your Account. You agree to notify us immediately at info@castarapp.com if you suspect any unauthorized use of your Account, the App, or any other breach of security. Depending on your Account type or other criteria, your Account may not have full access to all features or functionality available through the App. You agree not to attempt to access any (if any) restricted features or functionality.
  2. Eligibility. In order to use the App, you must be (a) a resident of the United States, and (b) the Minimum Age or older. “Minimum Age” means 17 years old, or if law requires that you must be older in order for Castar to lawfully provide the App to you without parental consent (including use of your personal information), then the Minimum Age is such older age. By registering for an Account, you certify that you are the Minimum Age or older and a United States resident, and you agree to form a binding contract with Castar.
  3. If Castar provides updates, supplements, or add-on components to the App after you download it (collectively, “Updates”), these Terms will apply to the Updates unless Castar provides additional terms along with the Update (“Additional Terms”), in which case those Additional Terms will apply to the Update. You agree that Castar may automatically check your version of the App and send Updates to the App and may release subsequent versions of the App and require you to use the most current version. Caster reserves the right to discontinue your access to the App or to any Content.
  4. Third Party Websites; Additional Products and App. Within the App you may encounter links or references to third party web sites (“Linked Sites”). Castar does not endorse or sponsor any Linked Sites or the information, products, or services contained on any Linked Sites. Linked Sites are governed by their own terms of use and privacy policies. You may need to use or obtain additional products or services in order to use the App, such as a mobile device, internet access, and a data connection. You must obtain or use these products or services separately and pay all associated charges (including for internet access or other data transmission).
  5. License to Use of the App. Conditioned on your compliance with these Terms, Castar grants you a limited, personal, non-exclusive and nontransferable license to download, install, and use the App for your use on a mobile device owned or otherwise controlled by you.
  6. License Restrictions. The license granted in Section 5 is conditioned on your compliance with the following:
    • You must not attempt to work around, disable, bypass, modify, or defeat any technical limitations in the App or to use the App in an attempt to, or in conjunction with any device, program or service designed to circumvent any security features or any technical measures employed to control access to, or the rights in, a content, file or other work;
    • You must not reverse engineer, decompile, decipher, disassemble or otherwise attempt to access source code of the App, except and only to the extent that applicable law expressly permits, despite this limitation;
    • You must not download or copy the App (including any Content), except as expressly permitted in Section 5;
    • You must not rent, lease, lend, sell, sublicense, assign, distribute, publish, perform, display, broadcast, transfer, exploit, or otherwise make available the App or any features or functionality of the App to any third party for any reason, including by making the App available on a network where it is capable of being accessed by more than one device at any time;
    • You must not modify or make any derivative works of the App, in whole or in part;
    • You must not remove any proprietary notices or labels on the App or any copy thereof;
    • You must not to interfere, with the proper functioning of the App or use it, as a platform for external applications; to develop applications, services, websites; or any other functionalities that leverage the App or any portion thereof;
    • You must not make any use of the App in any manner not permitted by these Terms or the documentation; and
    • You must use the App in compliance with all applicable laws.
    • Content Generally The App and all content, information, graphics, text, images, and other materials accessible through the App (collectively, “Content“), including any Content uploaded or posted by users or third parties, is solely for your use in connection with the App. Castar may link to or provide access to Content provided by third parties, including other users of the App (“Third Party Content“). Any opinions and other statements expressed by those third party authors of the Third Party Content are the opinions of those authors, not opinions of Castar. Content appearing on the App is the sole responsibility of the party responsible for such Content and its accuracy and completeness are not endorsed or guaranteed by Castar. Third Party Content may be subject to additional or different license terms and restrictions.
    • Your Content. You are solely responsible for all Content that is uploaded, posted, emailed, transmitted, shared, or otherwise disseminated using, or in connection with, the App and your Account (Your Content). Castar does not claim ownership of Your Content. You grant to Castar and its service providers a worldwide, royalty-free, transferrable, sublicensable, non-exclusive, perpetual, irrevocable license under all of your intellectual property rights to make, use, copy, modify, adapt, create derivative works of, publicly perform or display, import, broadcast, transmit, distribute, license, publish, and translate Your Content (and derivative works thereof) in connection with the operation of the App. Castar is under no obligation to enable the transmission of Your Content through the App and may, in its discretion, edit, block, refuse to post, or remove Your Content at any time. You represent and warrant that you have the rights necessary to grant the rights in this Section and that Your Content does not infringe the rights of Castar or any third party or violate any agreement with or policy of Castar or any applicable law. If Castar suspects violations of the foregoing, Castar may institute legal action and cooperate with law enforcement authorities in bringing legal proceedings against violators.
    • Castar reserves the right, but has no obligation, to monitor the Content posted in the App. Castar has the right to remove any such Content that in its sole opinion violates, or is alleged to violate, any applicable law or either the letter or spirit of these Terms. Notwithstanding this right of Castar, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT YOU POST IN THE PUBLIC AREAS OF THE APP.
  8. Reservation of Rights. You acknowledge and agree that the App is provided under license, and not sold, to you. You do not acquire any ownership interest or other rights to the App other than the right to use the App in accordance with the license in Section 5. As between you and Castar, Castar reserves and retains its entire right, title and interest in and to the App, including all copyrights, trademarks and other intellectual property and proprietary rights therein or relating thereto.
  9. In-App Purchases
    • Certain features and functionality within the App are available to you for purchase from within the App (“In App Purchases”). All In App Purchases are handled through the Apple App Store. If you choose to make an In App Purchase, you will be prompted to enter your Apple ID, and your Apple account will be charged for the In App Purchase in accordance with the terms disclosed to you at the time of purchase as well as the terms for In App Purchases that apply to your Apple account.
    • Certain features and functionality within the App may require a monthly, recurring paid subscription. For such subscriptions, your Apple account will be automatically billed monthly for the subscription until you cancel. Should you wish to end your subscription, you will need to log in to your Apple account and follow the instructions to cancel your subscription (you may also click the “Manage Subscription” option from within the App settings, which will take you to the appropriate page within the App Store). Deleting your Account on the App or deleting the App from your device does not cancel your subscription, and you will continue to be charged until you cancel the subscription from within your Apple account.
    • Refunds are handled by Apple, not us. To request a refund, go to iTunes, click on your Apple ID, select “Purchase History,” find the transaction and hit “Report Problem”. You can also submit a request at https://getsupport.apple.com.
  10. Availability and Support. Castar has no obligation to and may not provide support in relation to the App or your Account. Castar does not guarantee availability of the App or your Account and your access is permitted only if and when they are available. Your use of the App and access to your Account may occasionally be restricted for service, upgrades, maintenance, or other reasons. To the maximum extent authorized under applicable law, Castar reserves the right to suspend your Account, your use of the App, and discontinue your access to Your Content provided or made available to you through the App at any time without notice.
  11. You may terminate your Account or your use of the App at any time. Castar reserves the right to terminate your Account and these Terms and to suspend or terminate the App or your access thereto at any time with or without prior notice. Sections 6-18 and 21-22 of these Terms will survive termination.
  12. disclaimer of warranties. To the maximum extent permitted by applicable law, CASTAR DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICES, INCLUDING ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES AND CONDITIONS. IN PARTICULAR, CASTAR HEREBY DISCLAIMS ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT AND DOES NOT MAKE ANY WARRANTY OR CLAIM THAT THE SERVICES WILL BE AVAILABLE OR PROVIDED ON AN UNINTERRUPTED, TIMELY, OR SECURE BASIS; WILL BE ACCURATE, COMPLETE, RELIABLE, OR FUNCTION PROPERLY; MEET YOUR REQUIREMENTS; BE ERROR FREE OR FREE FROM VIRUSES, WORMS, OR OTHER HARMFUL OR MALICIOUS COMPONENTS.
  13. Disclaimer of Certain Damages. To the maximum extent permitted by applicable law, IN NO EVENT WILL CASTAR BE LIABLE FOR (A) ANY CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR SPECIAL DAMAGES, (B) ANY DAMAGES TO OR FOR LOSS OF DATA or privacy, REVENUE, PROFITS, OR PROPERTY (INCLUDING BUILDINGS, WIRING, FIXTURES, DEVICES, COMPUTERS, PERIPHERALS, AND ANIMALS) OR FOR INJURY OR DEATH, ARISING FROM OR RELATING TO THESE TERMS, YOur account, OR THE SERVICES, AND/OR (C) ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER REGISTERED USERS OF THE APP OR PERSONS INTRODUCED TO YOU BY THIS APP. YOU AGREE TO ASSUME THE RISK OF YOUR INTERACTIONS WITH ANY THIRD PARTIES, INCLUDING REGISTERED USERS, THROUGH THE APP.

    YOU UNDERSTAND AND ACKNOWLEDGE THAT CASTAR DOES NOT PROACTIVELY CONDUCT ANY BACKGROUND SCREENING ON USERS OF THE APP OR OPPORTUNITIES THAT ARE POSTED, AND CASTAR DOES NOT HAVE ANY OBLIGATION TO MONITOR OR POLICE THE ACTIVITY OF USERS ON THE APP. YOU UNDERSTAND AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS WITHIN AND OUTSIDE OF THE APP.

  14. Limitation of Liability and Exclusive Remedies. To the maximum extent permitted by applicable law and to the extent they are not excluded or disclaimed under Section 13, CASTAR’s maximum, aggregate liability to you, and your exclusive remedy under these Terms for any and all damages, injuries, and losses arising from any and all claims and causes of action arising out of, based on, resulting from or in any way related to these Terms, your account, or The App will not exceed THE GREATER OF (A) $5, OR (B) THE TOTAL AMOUNT PAID BY YOU TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
  15. IMPORTANT CONSUMER NOTICE. Some jurisdictions do not allow certain damage limitations such as the limitation of loss or liability from intentional acts (INCLUDING FRAUD, FRAUDULENT MISREPRESENTATION, AND FAILURE TO DISCLOSE DEFECTS), PRODUCT LIABILITY, or for DEATH OR personal injury. Nothing in sectionS 12, 13, or 14 will be interpreted as excluding liability which cannot be excluded under Applicable law. IF YOU LIVE IN or are otherwise subject to the laws IN ONE OF THOSE JURISDICTIONS, ANY DAMAGES LIMITATIONS will be deemed limited to the extent (if at all) permissible under that LAW AND, IF ANY LIMITATION IS NOT PERMITTED, THE EXCLUSIONS IN SECTION 12, 13, OR 14 MAY NOT APPLY TO YOU.
  16. Independent Remedies. The disclaimer and limitation of warranties and the exclusion of damages under Sections 12, 13 and 14 are independent of your exclusive remedies in these Terms and the disclaimer and limitations of warranties and exclusion of damages survive even if the exclusive remedies fails of their essential purpose or otherwise are deemed unenforceable. Each of the limitations in Sections 12, 13 and 14 apply without regard to whether loss, liability, or damage arise from (a) breach of contract, (b) breach of warranty, (c) fault or tort, including negligence and misrepresentation, (d) strict liability, or (e) any other cause of action, to the extent the exclusions and limitations are not prohibited by applicable law.
  17. You agree to defend, indemnify, and hold Castar, its directors, officers, employees, agents, partners, suppliers, and licensors harmless and will keep them indemnified from any claim or demand, including reasonable attorneys’ fees, relating to, arising from, or allegedly arising from (a) Your Content, your use of the App, and activities occurring under your Account; (b) any violation of these Terms; or (c) your violation of any other party’s rights or applicable law. Castar reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Castar in asserting any available defenses.
  18. Castar may give you all required notices (including legal process) by any lawful method, including by posting notices on the App or by sending it to any email address that you provide to Castar. You agree to send Castar notices by email to info@castarapp.com.
  19. DMCA Copyright Notice and Takedown Procedures

    Castar respects the intellectual property rights of others. If you believe that any Content or other material available on the App infringes your copyright or the copyright of any third party, please send written notice in accordance with the provisions of the Digital Millennium Copyright Act (“DMCA”) to our Designated Copyright Agent, who can be reached as follows:

    Please direct all copyright inquiries to:
    Jonathan Powell
    Castar App Holdings, Inc.
    1611 Schrader Blvd. Apt#215
    Hollywood, CA 90028
    Phone: 5404484330
    Email: info@castarapp.com

    To be effective, notice must include the following in compliance with Section 512(c) of the DMCA:

    • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

    • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

    • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and specific information sufficient to permit us to locate the material;

    • Information sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;

    • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

    • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

    This process only relates to reporting a claim of copyright infringement. Messages related to other matters will not receive a response through this process. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material is infringing may be subject to liability. If you are unsure whether material on the App is infringing, you should contact an attorney prior to sending notice. After receiving notice, Castar may remove or disable access to infringing material.

  20. Modifications to these Terms. The Effective Date of these Terms is set forth at the top of this webpage. If Castar needs to make a material change to these Terms, we will provide advance notice to you by email or by posting a message on the App. Your continued use of the App after the effective date indicates your acceptance of the updated Terms, even if you have not reviewed them. If you do not agree to the proposed changes, you may (as your sole remedy) delete your Account and discontinue your use of the App.
  21. Modifications to these Terms. The Effective Date of these Terms is set forth at the top of this webpage. If Castar needs to make a material change to these Terms, we will provide advance notice to you by email or by posting a message on the App. Your continued use of the App after the effective date indicates your acceptance of the updated Terms, even if you have not reviewed them. If you do not agree to the proposed changes, you may (as your sole remedy) delete your Account and discontinue your use of the App.
  22. If any provision of these Terms is determined by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions of these Terms will remain in full force and effect. You and Castar intend that the provisions of these Terms be enforced to the fullest extent permitted by applicable law. Accordingly, you and Castar agree that if any provision is deemed unenforceable, where possible, it will be modified to the extent necessary to make it enforceable, which may include its deletion. Section titles are only for convenience and have no legal or contractual significance. Any list of examples following “including” or “e.g.,” is illustrative and not exhaustive, unless qualified by terms like “only” or “solely. Castar may assign these Terms, in whole or in part, at any time, with or without notice to you. You may not assign, transfer, or sublicense your rights, if any, in your Account, to the App, or under these Terms. If, at any time, Castar fails to respond to a breach of these Terms by you or others, that failure will not waive Castar’s right to act with respect to subsequent or similar breaches. A waiver will only be binding on Castar if it is in writing and signed by Castar. These Terms (including Additional Terms and any incorporated terms or policies) constitute the entire agreement between you and Castar with respect to your Account and the App. Both you and Castar warrant to each other that, in entering these Terms, neither Castar nor you have relied on or will have any right or remedy based upon any statement, representation, warranty, or assurance other than those expressly stated in these Terms. The preceding sentence will not limit or exclude any liability that cannot be limited or excluded under applicable law. No one other than you and Castar, or Castar’s successors and permitted assigns, will have any right to enforce any of these Terms.