Privacy Policy

We at HUBCAST are committed to protecting our users' privacy. You can view our current Privacy Policy by visiting https://hubcastnetwork.com/privacy-policy.

Messaging

As part of the Services, you may receive communications from HUBCAST, including emails. When you sign up for the Services, you will receive a welcome message with instructions on how to opt out of receiving further messages.

Children’s Online Privacy Protection Act

In compliance with the Children’s Online Privacy Protection Act (COPPA), online service providers must obtain parental consent before collecting personally identifiable information from children under 13 years of age. We do not intentionally collect such information from children under 16 years of age. If you are under 16, please do not register for or use our Services or provide any personal information. Should we become aware that we have collected personal information from a child under 16, we will promptly delete it. If you believe a child under 16 has provided us with personal information, please contact us at [email protected]

Using HUBCAST

To use our Services, you may need to create an account, choose a password and username (“HUBCAST User ID”), and provide certain information, such as your contact details. You are responsible for providing accurate, complete, and up-to-date registration information. You must not select an HUBCAST User ID that you do not have the right to use, or one that impersonates another person. Transferring your account to anyone else without our written permission is prohibited.

You must be of legal age to form a binding contract or have obtained your parent’s or guardian’s consent to use the Services and agree to these Terms on your behalf. If you are agreeing to these Terms on behalf of an organization, you confirm that you have the authority to do so and to bind the organization to these Terms.

The Services are for your internal, personal, non-political, non-commercial use only, and must be used in compliance with all applicable laws. If your use of the Services is against the law, you are not authorized to use them. We are not responsible for your use of the Services in any manner that violates the law.

You are responsible for maintaining the security of your HUBCAST User ID, account, password, and any other access credentials. Do not share your credentials with anyone, and you are responsible for any activity conducted under your account.

Restrictions on Using the Services

By using our Services, you agree that you will not provide or contribute any content, including User Submissions, that:

• Infringes or violates the intellectual property rights or other rights of any person or entity, including HUBCAST.
• Violates any laws or regulations, including export control and privacy laws, or serves any unlawful purpose.
• Contains dangerous, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable material.
• Compromises the security of your HUBCAST User ID or account, or anyone else’s account.
• Attempts to gain unauthorized access to another user's password, account, or other security information.
• Breaches the security of any computer network, or circumvents any security measures.
• Sends unsolicited messages or "spam" through the Services or interferes with the Services' proper functioning (such as overloading the Services’ infrastructure).
• Uses automated means to crawl, scrape, or spider any page or data of the Services.
• Copies or stores any significant portion of the Content.
• Decompiles, reverse engineers, or otherwise attempts to obtain the source code of the Services.
• Utilizes the Services or Content to train artificial intelligence or machine learning models without express written consent from HUBCAST.

Any violation of these restrictions may result in the termination of your right to use or access the Services.

You are solely responsible for any actions or decisions you make based on information provided by the Services, including employment or personnel decisions. You assume all risks arising from such actions or decisions.

User Rights in the Services

The materials available through the Services, such as text, graphics, data, articles, photos, videos, and User Submissions (collectively, the “Content”), are protected by intellectual property laws. You agree to respect all copyright notices, trademark rules, and restrictions contained in any Content you access through the Services, and you will not use, copy, modify, distribute, or exploit any Content without permission from the owner.

We grant each user a non-exclusive, non-transferable license to use the Content solely for personal use. Any use, reproduction, modification, distribution, or storage of Content for purposes other than personal use is prohibited without prior written permission from HUBCAST. HUBCAST retains ownership of the Services, and you agree not to modify, publish, transmit, reproduce, create derivative works, or exploit the Services in any unauthorized manner.

Contributions and Licensing

User Submissions

Any content you post, upload, share, or otherwise provide through the Services constitutes your “User Submission.” You are solely responsible for your User Submissions and must ensure they are accurate, complete, and comply with all laws. You agree not to post User Submissions that:

• Infringe third-party rights, including copyrights and trademarks.
• Contain sexually explicit material or pornography.
• Include hateful, defamatory, or discriminatory content.
• Exploit minors.
• Depict unlawful acts or extreme violence.
• Show animal cruelty or violence towards animals.
• Promote fraudulent schemes or dubious money-making ventures.
• Violate any laws.

Licenses

To display and allow others to enjoy your User Submissions, you grant HUBCAST the right to translate, modify, reproduce, and otherwise act with respect to your User Submissions as necessary to operate the Services.

• Personal User Submissions: For content viewable only by you, you grant HUBCAST a license to display, perform, and distribute it solely to provide the necessary Services.
• Limited Audience User Submissions: For content shared with specified users, you grant HUBCAST the same rights as above, plus a license to make the content accessible to those users and allow them to use it as permitted by the Services' functionality.
• Public User Submissions: For publicly shared content or feedback, you grant HUBCAST the rights to display, perform, and distribute it to all users and use it in connection with HUBCAST’s business. All users have the right to access and use Public User Submissions as permitted by the Services' functionality.

These licenses are royalty-free, perpetual, sublicensable, irrevocable, and worldwide. When you delete your account, HUBCAST will stop displaying your User Submissions (except Public User Submissions), but they may remain in HUBCAST’s records or be viewable elsewhere if copied by other users.

Certain features allow you to share information through social networks or Third Party Accounts. If you do so, HUBCAST may share the information with the Third Party Account provider. Review their policies for details on how they use your information. You must be able to edit or delete redistributed Content and do so upon our request.

Reporting Copyright Infringement

We respect intellectual property rights and will remove or disable content alleged to infringe upon those rights. We may also terminate the accounts of repeat infringers. To review our Copyright Dispute Policy and learn how to report infringing content, click here.

Responsibilities for Content and Actions on the Services

All information or content posted publicly or transmitted privately through the Services is solely the responsibility of the person from whom such content originated. You access all such information and content at your own risk, and we are not liable for any errors or omissions in that information or content or for any damages or losses you might suffer in connection with it. We do not control and have no obligation to take any action regarding how you may interpret and use the content or what actions you may take as a result of being exposed to the content. By using the Services, you release us from all liability for any content you have acquired or not acquired through the Services. We cannot guarantee the identity of any users you interact with and are not responsible for which users gain access to the Services.

You are solely responsible for any content you contribute to the Services in any manner, and you represent and warrant that you have all necessary rights to do so.

The Services may include links or connections to third-party websites or services that HUBCAST does not own or control. When you access third-party websites or use third-party services, you do so at your own risk, and HUBCAST is not responsible for any associated risks.

HUBCAST has no control over and assumes no responsibility for the content, accuracy, privacy policies, practices, or opinions expressed in any third-party websites or services you interact with through the Services. HUBCAST does not monitor, verify, censor, or edit the content of any third-party site or service. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third-party website or service you visit. By using the Services, you release and hold us harmless from any liability arising from your use of any third-party website or service.

Any interactions with organizations or individuals found through the Services, including payment and delivery of goods or services and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and those organizations or individuals. You should conduct any investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any third parties. HUBCAST is not responsible or liable for any loss or damage incurred as a result of such dealings.

If there is a dispute between participants on the Services or between users and any third party, HUBCAST is under no obligation to become involved. In the event of a dispute with one or more other users, you release HUBCAST, its directors, officers, employees, agents, and successors from any claims, demands, and damages of every kind or nature, known or unknown, arising out of or in any way related to such disputes and/or our Services. You waive California Civil Code Section 1542 or any similar law, 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.”

Changes to the Services

We are continuously trying to improve our Services, which means they may change over time. We may suspend, discontinue, introduce new features, impose limits on certain features, or restrict access to parts or all of the Services. We will try to notify you of any material changes to the Services that could adversely affect you, but this may not always be possible. We reserve the right to remove any content from the Services at any time, for any reason (including, but not limited to, if someone alleges that the content violates these Terms), at our sole discretion, and without notice.

Costs of the Services

Free and Paid Services

The Services may be offered for free or with a fee. If you use a free version, we will inform you if any Services you currently use begin to carry a fee. To continue using those Services, you will need to pay the applicable fees. If you choose to receive text messages through the Services, data and message rates may apply. You are solely responsible for any such charges, fees, or costs. Please check with your wireless carrier for applicable rates.

Paid Services

Certain Services are subject to payments (the “Paid Services”). Refer to our product and services pages for descriptions of the current Paid Services. Payment terms presented during the use or sign-up for a Paid Service are part of these Terms.

Billing and Payment

We use a third-party payment processor (“Payment Processor”) to bill you through a payment account linked to your account on the Services (“Billing Account”). Payments are subject to the terms, conditions, and privacy policies of the Payment Processor in addition to these Terms. Currently, we use Stripe, Inc. as our Payment Processor. You can access Stripe’s Terms of Service and Privacy Policy. We are not responsible for any errors by the Payment Processor. By using Paid Services, you agree to pay all charges at the prices in effect and authorize us to charge your chosen payment method (“Payment Method”) via the Payment Processor. Payment terms are based on your Payment Method and agreements with your financial institution, credit card issuer, or other provider.

Recurring Billing

Some Paid Services involve an initial charge followed by recurring charges. By choosing a recurring payment plan, you accept responsibility for all recurring charges until cancellation. We may submit periodic charges (e.g., monthly) without further authorization until you provide notice of termination or change of Payment Method. This notice must be confirmed by us.

Maintaining Current Information

You must provide current, complete, and accurate information for your Billing Account. Promptly update all information to keep your Billing Account current, complete, and accurate, and notify us if your Payment Method is canceled or if you become aware of a potential security breach. Changes can be made in Account Settings. Failure to provide accurate information may result in continued charges for Paid Services under your Billing Account.

Change in Amount Authorized

If the amount charged to your Billing Account varies from the pre-authorized amount (excluding changes in state sales taxes), you will receive notice of the amount and charge date before the transaction. Your payment provider agreement governs your Payment Method use, and we may submit aggregate charges during or at the end of each billing cycle.

Auto-Renewal

Paid Services automatically renew unless you opt out through Account Settings.. Auto-renewal extends for the same duration as the original subscription term at the current rate. To change or cancel Paid Services, go to Account Settings. Termination allows use until the end of the current term, but no prorated refunds are given. To avoid recurring charges, cancel before the term ends.

Reaffirmation of Authorization

Non-termination or continued use of a Paid Service reaffirms authorization to charge your Payment Method. Charges may be payable in advance, in arrears, per usage, or as otherwise described during initial selection.

Free Trials and Promotions

Free trials or promotions must be used within the specified time. Cancel Paid Services before the trial ends to avoid charges. If charged inadvertently, contact us at [email protected]

Terminating the Services

User-Initiated Termination

You can terminate your use of the Services at any time by contacting us at[email protected].  Refer to our Privacy Policy and licenses to understand how we handle your information after termination.

HUBCAST-Initiated Termination

HUBCAST may terminate or suspend your use of the Services or your account at any time for any reason, including breaches of these Terms. Account termination may result in the destruction of content associated with your account. We will try to provide advance notice to retrieve important User Submissions, but may not if impractical, illegal, or harmful to someone's safety or security.

Mistaken Deletion

If you delete your account by mistake, contact us immediately at [email protected]. We will try to help, but recovery cannot be guaranteed.

Survival of Terms

Provisions that should survive termination include payment obligations, indemnifications, liability limitations, ownership, intellectual property rights, and dispute resolution terms.

Additional Information

Mental and Physical Health Disclaimers

HUBCAST is not a healthcare provider or medical device provider, and the Services should not be considered medical advice. They are not intended to diagnose, treat, cure, or prevent any medical conditions. If you have psychiatric conditions, consult your healthcare professionals before using the Services. For any physical or mental health concerns, consult your healthcare professionals. Reliance on any information provided through the Services is at your own risk. HUBCAST makes no representations or warranties about the completeness, suitability, or accuracy of any information provided. Never disregard professional medical advice or delay seeking it because of something you have read, seen, or heard on the Services.

Consult a licensed physician before engaging in any physical activity through the Services. By participating in physical activity through the Services, you acknowledge and agree that you do so at your own risk and assume all risks of injury, whether physical or mental. You are responsible for listening to your body and participating at your own pace, modifying any instructions or suggested physical adjustments to suit your level of ability and physical and mental condition. Stop using the Services and seek immediate medical attention if you experience any pain, illness, or discomfort.

Warranty Disclaimer

HUBCAST and its licensors, suppliers, partners, affiliates, and each of their respective officers, directors, employees, and agents (collectively, the “HUBCAST Parties”) make no representations or warranties concerning the Services, including any content accessed through the Services. The HUBCAST Parties are not responsible for the accuracy, copyright compliance, legality, or decency of material accessed through the Services, or for any claims, actions, costs, or liabilities arising from your use of the Services. The Services and content are provided on an “as-is” basis, without warranties of any kind, either express or implied, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, or that use of the Services will be uninterrupted or error-free. Some states do not allow limitations on how long an implied warranty lasts, so these limitations may not apply to you.

Limitation of Liability

To the fullest extent permitted by applicable law, under no circumstances and under no legal theory (including tort, contract, or strict liability) shall any of the HUBCAST Parties be liable to you or any other person for:

• Any indirect, special, incidental, punitive, or consequential damages, including lost profits, business interruption, loss of data, loss of goodwill, or computer failure or malfunction.
• Any substitute goods, services, or technology.
• Any amount in excess of the greater of $100 or the amounts paid by you to HUBCAST in the 12 months preceding the claim.
• Any matter beyond our reasonable control.

Some states do not allow the exclusion or limitation of incidental or consequential damages, so these limitations may not apply to you.

Indemnity

You agree to indemnify and hold the HUBCAST Parties harmless from any claims, liabilities, damages, losses, and expenses (including attorneys’ fees) arising from your use of the Services or your violation of these Terms. In the event of a claim, suit, or action, we will attempt to notify you, but failure to deliver such notice will not reduce your indemnification obligations.

Assignment

You may not assign or transfer these Terms or your rights and obligations under these Terms without HUBCAST's prior written consent. HUBCAST may transfer, assign, or delegate these Terms and its rights and obligations without consent.

Choice of Law

These Terms are governed by the Federal Arbitration Act, applicable federal law, and the laws of the State of California, without regard to its conflicts of laws provisions.

Arbitration Agreement

Read the following carefully as it requires you to arbitrate certain disputes and claims with HUBCAST and limits the manner in which you can seek relief.

• Arbitration Rules: The parties shall use best efforts to settle any disputes through good-faith negotiations. If unresolved, disputes shall be settled by binding arbitration in Lane County, Oregon, in English, per the JAMS Streamlined Arbitration Rules.
• Costs of Arbitration: HUBCAST will pay arbitration fees for claims less than $75,000. HUBCAST will not seek attorneys’ fees unless your claim is frivolous.
• Small Claims Court and Infringement: Either party may assert claims in small claims court in San Francisco County or where you live or work. Parties may seek injunctive relief from any court for intellectual property rights violations.
• Waiver of Jury Trial: Both parties waive rights to a jury trial for disputes resolved by arbitration.
• Waiver of Class Actions: Claims must be arbitrated individually, not on a class basis. If this waiver is unenforceable, neither party is entitled to arbitration.
• Opt-out: You can opt out of this arbitration agreement within 30 days of accepting these Terms by sending written notice to HUBCAST.
• Exclusive Venue: If you opt out or if arbitration is inapplicable, disputes will be resolved in state or federal courts in Lane County, Oregon.
• Severability: If the class action waiver is unenforceable, the arbitration agreement is null and void. This agreement survives termination of your relationship with HUBCAST.

Miscellaneous

You are responsible for taxes and other governmental assessments related to your activities with the Services. The failure to exercise any right herein does not waive any further rights. If any provision is found unenforceable, it will be limited to the extent necessary, and the remaining terms will remain in full effect. These Terms represent the complete and exclusive understanding between you and HUBCAST. You are not an employee, agent, or partner of HUBCAST and cannot bind HUBCAST. There are no third-party beneficiaries to these Terms except as noted in the arbitration agreement.

Will These Terms Ever Change?

As we strive to continually enhance our Services, these Terms may also need to be updated periodically. We retain the right to modify the Terms at any time. If changes are made, we will inform you through a notice on our website (https://HUBCAST.com), via email, and/or by other appropriate means.

If you disagree with the revised Terms, you have the option to reject them; however, doing so will result in your inability to use the Services. Continued use of the Services after any changes to the Terms signifies your acceptance of those changes.

Apart from changes made by us as outlined here, any other amendments or modifications to these Terms will only be effective if made in writing and signed by both parties.