Recast Terms & Conditions
Introduction
- Welcome
- Welcome to Recast’s Terms & Conditions (our “T&Cs”). The T&Cs include this Introduction, Part A: User Terms, and Part B: General Terms.
- When we define words and phrases in these T&Cs, they will have that meaning wherever else they are used in these T&Cs when they start with capital letters. A helpful list of the terminology we use can be found in our Glossary.
- Who we are
- The Recast Platform (defined in section 4.9 below) is made available by Content Technology Partners (CTP) Limited , a company registered in England and Wales with company number 14764377 whose registered address is at 1 Charterhouse Mews, London, England, EC1M 6BB (“us”, “we” or “our”).
- How we refer to you, and which terms apply to you
- In these T&Cs when we refer to “you” and “your”, we are referring to you as a User of the Platform
- We refer to everyone who visits the Recast Platform (whether directly or via a Vendor Environment or a Third Party Platform), and also Recast Users (defined below), as a “User”. If a User creates an account to gain a Recast Wallet they become a “Recast User” and have a “Recast User Account”, and can begin earning, purchasing and redeeming Recast Credits to purchase Inventory Items. All Users can view previews or descriptions of Inventory Items and other content that don’t require a User Account. To be able to purchase and access Inventory Items (such as view Videos in full), and to earn, purchase and redeem Recast Credits, a User needs to create a User Account and become a Recast User.
- If you create a Recast User Account and become a Recast User then all of these T&Cs apply to your use of the Recast Platform. If you do not create a Recast User Account then only the Introduction and Part B (General Terms) apply.
- Please note that if you are one of our authorised Vendors, or you work for or with an authorised Vendor, you will need to register a Recast User Account Account and agree to these T&Cs before being given access to Recast for Business.
- About Recast
- The Recast Platform: The Recast Platform (as defined in section 4.7 below) offers individuals or entities invited and authorised by us (such individuals or entities are “Sellers”) to list and sell digital items or commodities (including, but not limited to, Videos (as defined below)), articles, NFTs, website access etc. (collectively, “Inventory Items”) to users of Recast in exchange for its own reward credits, known as “Cast Credits”. Recast Credits can be earned or purchased by Users. Users can redeem their Recast Credits to access Inventory Items sold by Sellers. The Recast Platform also allows Sellers to authorize individuals or entities to act as their marketing affiliates (such individuals or entities known as “Affiliates”) to market, promote and/or distribute the Inventory Items sold by Sellers on the Recast Platform. The Recast Platform allows some Seller accounts (“Publishers”) to stream uploaded videos and live streams via the Recast Platform. Sellers (including Publishers) and Affiliates, are collectively referred to as “Vendors”.
- Publishers: Through the Recast Platform, Publishers can upload on demand videos, audio content and live streams (“Videos”) available to watch and listen to online via the Recast iFrame Widget (defined at section 5.6 below) including via the Recast website available at www.recast.tv. The Recast Platform also enables some Vendors (either Publishers or Affiliates) to embed Recast iFrame Widget onto their websites and apps or other digital platforms so that the Videos can be viewed from there.
- Sellers: Through the Recast Platform, some Sellers are able to list Inventory Items on their own environment and utilise the Recast API to facilitate the sale of the Inventory Item to a User in exchange for Recast Credits through the Recast Wallet. Whether using the Recast API or the Recast iFrame Widget the place where an inventory item is listed is known as “Vendor Environment”. A Vendor Environment may be owned and operated by the Seller, by an Affiliate or by Recast at www.recast.tv.
- Recast for Business: Vendors are granted access to a separate progressive web app accessed online via an internet browser, as available at https://business.recast.tv, from which they can manage their Inventory Items and make them available to Vendor Environments (“Recast for Business”). Recast for Business does not need to be installed onto a device but a shortcut to the Recast for Business can be downloaded onto a device for easy access.
- Brand: Each Vendor uses Recast for Business to set up a Brand for their Vendor account (“Brand”), which shall include a collection of Inventory Items that the Vendor has shared or published through the Recast Platform. To upload and manage their Vendor account, Inventory Items, Recast iFrame Widgets and Brand, Vendors must set up an account on Recast for Business (a “Vendor Account”).
- Recast Account Screens: Users can manage their Recast account via the ”Recast Account Screens” at https://account.recast.tv.
- The Recast iFrame Widget (including versions of it available via a Vendor Environment), Recast for Business, Recast Account Screens and any other Recast websites, software applications and technologies owned by us are together referred to as the “Recast Platform” or the “Platform”.
- Other Key terminology
- We use the term “Content” in its widest sense to describe all videos, audio content, live stream video and audio content, images, graphics, pictures, text, messages, emojis, reactions, sounds, information, applications, code, data, materials or any other content in whatever format and whether known now or invented in the future. Content includes any Inventory Items offered through the Recast Platform.
- “User Details” refers to any information submitted by a Recast User to the Recast Platform using any of the services we make available to them via the Recast platform when signing-up for a Recast User Account (including their Platform ID), when updating their Recast User Account details, or when responding to optional requests from us to provide further personal information.
- “User Content” refers to any Content submitted by a Recast User which is published via the Recast Platform by the Recast User using any of the services we make available to them via the Recast platform (including the Live Chat functionality). User Content includes any aspects of a User’s Platform ID which we indicate may be displayed on the Recast Platform and seen by other Users.
- “Vendor Content” refers to any Content which a Vendor decides to upload, stream, publish or otherwise make available via the Recast Platform for other Users to view or purchase. Vendor Content includes, but is not limited to, the Videos (which may include video and/or audio files) that are published or live streamed by (or on behalf of) a Publisher on a the Recast iFrame Widget, the title of a in Inventory Item published by a Seller, any description and cover image associated with an Inventory Item, Live Chat messages of Vendors and a Vendors’ Brand name(s) and cover images. For an Affiliate, Vendor Content includes any Content that such Affiliate uploads, streams, publishes or otherwise makes available on the Recast Platform in connection with the marketing, promotion and/or distribution of the Vendor Content that such Affiliate is authorised to market, promote or distribute. Only we or Vendors can publish Vendor Content to the Recast Platform.
- An “Access Pass” refers to a pass that will allow the Recast User to purchase access to all of the Inventory Items available from a Vendor for a specified period. In some areas of the Recast Platform user interface these are referred to as Channel Passes.
- “Recast iFrame Widget” refers to the functionality of Recast for Business which may be made available to some Vendors which will offer those Vendors the ability to embed an iFrame widget within their Vendor Environment so that certain Inventory Items, can be viewed, purchased and accessed from the Vendor Environment via a Recast owned window which will appear on the Vendor Environment.
- “Live Chat” refers to the ‘live chat’ functionality which allows Users to interact with the Publishers of a Video and other Users via the during certain live streamed Videos made available by such Publishers.
- Each time a User watches a Video (or for audio content, listens) beyond the preview, this constitutes a “View”.
- “Price” refers to the number of Recast Credits a Recast User needs to redeem to purchase an Inventory Item or obtain an Access Pass (as applicable).
- “Replay” refers to a repeated/subsequent View of a Video by a Recast User who has already redeemed Recast Credits to View it.
- “Wallet” refers to a virtual Recast wallet. For Recast Users, this is shown in their Recast Account Screens and on some Vendor Environments and indicates the Recast Credits currently available to them. For Vendors, this is shown in their Vendor Account on Recast for Business and indicates the Vendor’s current Earnings.
- Accessing Videos via a Vendor Environment or a Third Party Platforms
- Where you access the Recast Platform via a Vendor Environment or a Third Party Platforms, additional terms may apply in addition to these T&Cs and some of the features of the Recast Platform may differ. You may also need to take additional steps to gain full access.
- For example, when you first want to access an inventory item via a Publisher Environment, you will be asked to sign in to your Recast User Account (or register if you don’t have one).
- To provide you with a seamless experience, once you’ve signed into your Recast User Account via an embedded version of the Recast iFrame Widget on a Vendor Environment, you may not need to sign in again on the browser you used (unless you sign out or change your settings). This is the case even if you then want to access Inventory Items on another Vendor Environment. Please see our Privacy Policy and our Cookie Policy which explain how we use your personal data and cookies and similar technologies in relation to this.
- To AccessView an Inventory ItemVideo via the embedded version of the Recast Platform on a VendorPublisher Environment you will need to redeem Recast Credits (or use an AccessChannel Pass) in the normal way. Your Wallet will automatically update as you redeem Recast Credits across different VendorPublisher Environments, and on https://the.recast.app or https://watch.recast.tv, so you always know how many Recast Credits you have available and this can be viewed at account.recast.tv.
- Your acceptance of these T&Cs
- By accessing and using the Recast Platform you accept these T&Cs and agree to be legally bound by them. If you do not agree to these T&Cs, you must discontinue use of the Recast Platform (whether you are accessing it directly via a Vendor Environment or Third Party Platform). If you’ve downloaded a shortcut to any Recast Platform site on your device we recommend that you delete this.
- By accessing and using the Recast Platform you also acknowledge that your information will be used in accordance with our Privacy Policy and that our Cookie Policy applies. If you access the Recast Platform via a Vendor Environment or Third Party Platform, their privacy policies and cookie policies may also apply and we are not responsible for their use of your personal data or their use of cookies and other similar technologies.
- Please review these T&Cs, our Privacy Policy and our Cookie Policy and save a copy of them for your future reference.
- Right to update T&Cs
- From time to time we may change, update or revise these T&Cs and the policies they refer to. Any revised terms or policies will be made available to you at https://recast.tv/about/terms-and-conditions. Please take a moment to read the changes. Where we make changes to these T&Cs that may have an adverse effect on you (and unless such change is to comply with applicable law or regulation) we will notify you in advance by email or through the Recast Platform and give you the opportunity to terminate your Recast Account if you are unhappy with those changes, in accordance with our Refund Policy.
- If you continue to use the Recast Platform after we make the changes (and, if applicable, have notified you, you will be deemed to agree to the changes. If you do not agree to the changes, you should not use the Recast Platform.
Effective Date of T&Cs
This version of our T&Cs is effective from 09 July 2025. Previous versions of our T&Cs can be found here.
Part A. User Terms
- Your Account
- Registering a Recast User Account
- To become a Recast User and begin earning, purchasing and redeeming Recast Credits to access Inventory Items beyond their preview you need to register an account as a Recast User (a “Recast User Account”). Each Recast User may only have one Recast User Account.
- When creating a Recast User Account you need to provide certain personal information about yourself and you must ensure this information is true and accurate. You must keep this information up to date.
- When you sign up we will assign you a username. You can create and edit your Recast Platform ‘identity’ (your “Platform ID”) in the Recast Account Screens: this may include a ‘handle’, account name, Chat Display Name, and a profile image. Your Platform ID can be chosen by you but must not be misleading. As a Recast User, depending on the functionality you use within the Platform, some or all of your Platform ID may be seen by other Users.
- When registering you will be prompted to select a password. You must keep your password secure. We recommend that you change your password from time to time to assist with security.
- If you believe someone has accessed the Platform using your details and password without your authorisation, it is your responsibility to set up a new password.
- If you share your device with other people, be aware that unless you log out of Recast whenever you leave a browser session you will remain logged into your Recast User Account and as such they may be able to redeem your Recast Credits to access inventory Items without having to enter your password. We will not refund Recast Credits redeemed in this way by people you share your devices with. If this is of concern to you, you should not access your Recast User Account on devices you share.
- You can amend your personal details, your Platform ID (other than username), and your password at any time by accessing your Recast User Account via the Recast Account Screens.
- Your Platform ID (and any element of it, for example your account name or profile image) must not: (i) be obscene or offensive, (ii) infringe any third party rights, (iii) mislead anyone as to your identity, or (iv) otherwise (in our absolute discretion) be considered inappropriate. We may ask you to change any element of your Platform ID at any time, or change it directly ourselves (in which case we will send a message to your registered email address explaining this).
- Deleting your Recast User Account or Content
- You can delete your Recast User Account at any time by selecting “Delete My Account” in the Recast Account Screens when being logged in..
- Your Recast User Account will be deleted but we may retain relevant metadata (such as credit ledger history) on our systems for accounting and audit reasons for as long as is necessary to fulfil our legal and/or contractual obligations and/or for other legal purposes.
- You will have no right to retrieve your User Content save as set out in our Privacy Policy.
- For further information about how we retain your personal information following deletion of your Recast User Account, please see our Privacy Policy.
- We may suspend and/or permanently deactivate or delete your Recast User Account if we have reason to believe that you are in breach of these T&Cs.Once we have deleted your Recast User Account and User Content, it cannot be recovered. We recommend that you keep a copy of all of your User Content. You will no longer be able to earn Recast Credits and you will lose all Recast Credits that are credited to your Recast User Account when your Recast User Account is deleted or deactivated (subject to any refund you are entitled to in accordance with our Refund Policy).
- Recast Credits
- About Recast Credits
- Recast Credits are reward credits issued by us, which can only be used within the Platform. Recast Credits can either be purchased from us or can be earned within the Platform.
- Recast Credits are only available from us, and we are the only entity that accepts Recast Credits. All Recast Credits transactions are made through us, meaning:
- when you redeem Recast Credits, you transfer your Recast Credits to us; and
- when you earn Recast Credits, we transfer Recast Credits to you.
- This is the case whether you are accessing the Recast Platform directly or via a Vendor Environment or a Third Party Platform: you are always dealing with us.
- Recast Credits cannot be sold, transferred, traded or otherwise redeemed for monetary value. When you redeem Recast Credits, you are not entering into contract with the applicable Vendor.
- Redeeming Recast Credits to Access Inventory Items
- You can redeem Recast Credits to Access Inventory Items on the Platform at the applicable Price. The Price for each Video you wish to Access is stated as part of the purchase journey and may also be displayed on the Vendor Environment.
- If you want to Access and Inventory Item, tap the relevant button to access the Inventory Item and we will automatically deduct the number of Recast Credits equal to the Price from your Wallet.
- Redeeming Recast Credits for Access Passes
- You can also redeem Recast Credits for Access Passes on the Platform at the applicable Price. The Price for each Access Pass is stated on the relevant page where you confirm the purchase of the Access Pass.
- Each Access Pass will last for a limited period of time – you can obtain Access Passes for either 1, 3, 7, 14 or 28 days or other periods which may be introduced from time to time (“Access Pass Period”) after which the Access Pass will expire. The Price of Access Passes will usually differ depending on the relevant Access Pass Period
- If you want to redeem your Recast Credits for an Access Pass, we will automatically deduct the number of Recast Credits equal to the Price from your Wallet.
- Cast Credits redeemed for an Access Pass are non-cancellable and non-refundable unless you have a statutory right to a refund.
- Once you have obtained an Access Pass, during the Access Pass Period, you will be able to access all Inventory Items made available by the Brand in your location (including any new Inventory Items published by the Brand during the Access Pass Period) an unlimited amount of times, without having to redeem Recast Credits for each individual “Access”.
- However, you agree and acknowledge that obtaining an Access Pass does not guarantee further Inventory Items will be published by the Brand during the Access Pass Period.
- Re-accessing the same Inventory Item
- For most Inventory Items once you have paid to access, it will normally be accessible again for at least 7 days without you needing to redeem any more Recast Credits, unless:
- the Inventory Items was a live stream which has subsequently ended;
- the Inventory Item has been deleted or unpublished from the Platform for any reason;
- the Inventory Item has not been made available for subsequent access, has been made available for re-access for less than 7 days from the date of the first access, or the Inventory Item has been made available for a limited number of Accesses (in which case this will be explained at the point the Recast Credits are redeemed for the first Access of the Inventory Item); or
- access to the Inventory Item was acquired by way of obtaining an Access Pass which has subsequently expired.
- Your Recast Wallet
- You can check the number of Recast Credits you have available to redeem at any time via your Recast virtual Wallet in the Platform including at account.recast.tv.
- If you do not have sufficient Recast Credits in your Wallet to cover the Price of an Inventory Item or an Access Pass, you will not be able to Access the relevant Inventory Item or obtain the relevant Access Pass and you will need to earn or purchase more Recast Credits (see our Reward Policy).
- Earning Recast Credits
- You can earn Recast Credits in accordance with our Reward Policy.
- Purchasing Recast Credits
- Recast Credits can only be purchased from us, and can only be used by redeeming them through us in accordance with these T&Cs.
- When you purchase Recast Credits from us, you will pay us in pound sterling (or such other currencies as we may accept from time to time) using the payment methods we accept. Upon receipt of your payment, we will automatically convert this to Recast Credits at the rate we specify when you purchase them.
- Refunds
- Recast Credits cannot be redeemed for cash. However, if you have purchased Recast Credits from us, our Refund Policy applies.
- Your responsibility for your User Details and User Content
- You are solely responsible for all User Details and User Content you submit to the Platform. You confirm that:
- all of your User Content complies with our Acceptable Use Policy;
- all of your User Content has either been created by, and is owned by, you, or, you otherwise have all the necessary rights, consents and permissions to submit it to the Platform;
- your User Content will not infringe the rights of any third party (including any privacy rights, intellectual property rights, moral rights or rights in performances) when it is used on the Platform or in accordance with the rights you grant to us in section 4 below
- if your User Content features the personal data of any individual other than you (including their name or other personal information) you have obtained the relevant individuals’ consent (or have other lawful grounds) to feature their personal data as used in your User Content;
- all of your User Details, and any information contained in your User Content, is accurate and not misleading; and
- your User Content complies with, and will not cause us or any other User to be in breach of any applicable law.
- We may (but are not obliged to) monitor and moderate your User Content and the Content of other Users published on the Platform.
- If we have reasonable grounds to believe that any of your User Content infringes the rights of any third party and/or is otherwise in breach of these T&Cs (including our Acceptable Use Policy), we may delete such User Content without prior notice to you. We may also, acting reasonably, disclose your identity to any third party who is claiming that your User Content infringes their intellectual property rights, right to privacy or other rights.
- Permission to use your User Content
- Our right to use your User Content
- You grant us the right to use your User Content on the Platform and in connection with the promotion of the Platform, our Vendors and their Vendor Content. More specifically, you grant us a worldwide, irrevocable, non-exclusive, transferable, royalty-free licence (which is unlimited in time) to:
- use, host and store all of your User Content to operate and provide the necessary functionality of the Platform;
- publicly display, broadcast, transmit, and make available your User Content to other Users via the Platform (in each case in the form you submit it to the Platform, save that we may translate your User Content, and make such other modifications as we may deem necessary to ensure it complies with these T&Cs);
- copy and use your User Content to promote us, the Platform, Vendors, Brands and Vendor Content, in any media (including via social media channels, in advertising and in promotional materials); and
- to use your User Content for any other purposes as may be required by law.
- How long we can use your Content for
- The rights you grant us above are not limited by time and will continue (in accordance with section 1.2) after you delete your Recast User Account or any User Content, and after you unpublish or delete any User Content.
- Live Chat
- As a User, you may be able to use and interact with the Vendor and other Users via the ‘live chat’ functionality during certain live streamed Videos made available by a Vendor (“Live Chat”).
- You will be asked whether you wish to publicly display your Recast User Account username to other Users when using Live Chat, or otherwise to enter an alternative display name for the Live Chat (“Chat Display Name”).
- In respect of the User Content you make available in the Live Chat feed, we draw your attention specifically to section 3 of these User Terms above (Your responsibility for your User Details and User Content) and section 2 of Part B (General Terms) (Prohibited Activities).
- In respect of User Content made available by other Users to you in the Live Chat feed, we draw your attention to section 4 of Part B (General Terms) (Content & Raising Concerns).
- Messages inserted into the Live Chat feed may be subject to a character limit.
Part B. User Terms
- Who can use the Platform
- Age Restriction
- You must be at least 16 years old to access and use the Platform. We reserve the right to request proof of age at any stage so that we can verify your age.
- If you are 16 or 17 years old, you must have the consent of your parent or guardian to access and use the Platform. You should review these T&Cs with them.
- If you are a parent or guardian of a User who is under 18, by allowing them to use the Platform, you agree to be bound by these T&Cs and you are responsible for their use of the Platform.
- Prohibited users
- You must not use the Platform if:
- you are prohibited from doing so by any applicable law; or
- we have previously deleted a Recast User Account of yours or blocked you from the Platform because you were in breach of our T&Cs or any applicable law
- Prohibited Activities
- Except as expressly permitted in these T&Cs, you shall not, and shall not permit or encourage anyone to:
- use the Platform in violation of applicable laws, our T&Cs or policies, including our Acceptable Use Policy;
- use the Platform in any way that infringes, misappropriates, or violates any privacy, intellectual property, or other rights of any third party;
- copy, sell, use, distribute, or make available any Content of us or any other User which is published on the Platform, or any other data collected from the Platform and for the avoidance of doubt you may not embed content of other Users on other websites or apps and you may only provide links to inventory Items on Vendor environments using the Platform’s functionality;
- use any bots, “click farms”, “click fraud” or similar methods for any reason, including to artificially increase the number of Purchases of Inventory Items, or the amount that may be earned by Users or Vendors (whether in Recast Credits or cash);
- use the Platform in a way that is derogatory, libellous, threatening, offensive, harassing, deceptive, abusive, promoting of violence or any illegal activities;
- falsely give the impression that we endorse you or your Content;
- act in a manner that may be perceived as damaging to us, the Platform or our service providers' reputation and goodwill, or which may bring us, the Platform or our service providers into disrepute or harm;
- conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Platform without our express written consent;
- gain unauthorised access to any part of the Platform;
- circumvent, disable or otherwise interfere with security-related features of the Platform, or with features that prevent or restrict use of the Platform;
- copy, modify, translate, decompile or reverse engineer the Platform including by attempting to derive the source code of the Platform;
- make a derivative work of the Platform, or use the Platform to develop any service or product that is the same as, or substantially similar to, or that competes with the Platform;
- create software which replicates or mimics the data or functionality in the Platform;
- publish, transmit, or link to any robot, spider, crawler, virus, malware, Trojan horse, spyware, or similar malicious code or item intended (or that has the potential) to damage, disrupt, compromise, or exploit the Platform;
- use any automatic or manual process to monitor or copy our web pages (or the Content or data contained on the Platform);
- use the Platform in any way or take any action that causes, or may cause, damage to the Platform or impairment of the performance, availability or accessibility of the Platform; or
- attempt to do any of the acts listed above.
- Notification of infringing Content
- If you believe that any Content or Inventory Item has been made available on the Platform in such a way that constitutes infringement of another party’s intellectual property rights (“Protected Work”) , please contact us at infringement@recast.tv with the following information:
- an electronic or physical signature of the person authorised to act on behalf of the rightsholder of the Protected Work;
- a description of the Protected Work that you believe has been infringed upon (including if relevant the territories in which the Protected Work is protected);
- a full description of where on the Platform the infringing Content can be found (including the relevant URL);
- your address, telephone number, and e-mail address;
- a statement by you that in your reasonable belief, the use or publication of the infringing Content or Inventory Item on the Platform is not authorised by the rightsholder of the Protected Work, its agent, or the law and the legal basis on which it is infringing; and
- a statement by you that the information contained in this notice, and any other information we may reasonably require from you in order to enable us to resolve the issue of intellectual property rights infringement (whether actual or alleged) is accurate and that you are either the rightsholder with the applicable legal rights in respect of the Protected Work or authorised to act on the rightsholder’s behalf.
- Content & Raising Concerns
- The Platform enables Vendors to display, transmit and upload Vendor Content, including Videos, images and text. Recast Users can also submit User Content which may be displayed on the Platform, including via the Live Chat functionality made available during certain live streamed Videos.
- We do not routinely review, monitor or moderate Videos, Inventory Items or other Publisher Content and, although a Vendor has discretion to moderate the Live Chat feed on its own live streams, we do not routinely review, monitor or moderate User Content. As such we cannot guarantee the accuracy, integrity or quality of Vendor Content or User Content. By using the Platform, you agree to assume this risk and acknowledge that all Vendor Content and User Content is made available on the basis that we are not required to exercise any control or judgement over Vendor Content or User Content.
- The views expressed in any Vendor Content or User Content are the views of the individual authors and not ours, unless specified otherwise by us. We disclaim all liability in respect of any comments, views or remarks expressed in any Vendor Content or User Content.
- It is a known risk of internet usage that people are not necessarily who they say they are. People may provide information or behave in a way that is unreliable, misleading, unlawful or illegal. We have no way of telling if statements made by other Users are true. You should therefore exercise some degree of caution when using any website or app. By using the Platform you accept that you use the Platform at your own risk.
- If you have concerns of this nature in relation to any Vendor Content or User Content on the Platform, please use the “Report” function available or email us at helpme@recast.tv. We shall use our reasonable endeavours to review your concerns and take, in our sole discretion, appropriate action with respect to such Content.
- Availability of Platform
- We provide the Platform on an “as is” and “as available” basis. We give no warranty that the Platform will be free of defects and/or faults, that defects will be corrected or that the Platform or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
- Whilst we will use reasonable endeavours to ensure that the Platform is secure and free of errors, viruses and other malware, we give no warranty or guarantee in that regard and you are responsible for your own security, that of your personal details and your computer, tablet, smartphone, laptop or other device that you use for accessing the Platform. We accept no liability for any disruption or non-availability of the Platform, including where you are accessing the Platform via a Vendor Environment or Third Party Platform and the disruption or non-availability is caused as a result of an issue with the Vendor Environment or Third Party Platform. We are under no obligation to update information on the Platform.
- We reserve the right to alter, suspend or discontinue any part (or the whole of) the Platform. These T&Cs shall continue to apply to any modified version of the Platform (or any part of it) unless it is expressly stated otherwise.
- We provide all Content available on the Platform in such format types as we determine.
- Your computer, tablet, smartphone, laptop or other device that you use for accessing the Platform must be of sufficient technical specification to be able to access Content in such formats and sizes as we provide.
- We do not accept any liability for your inability to receive, access or otherwise view Content or Inventory Items on the Platform resulting from the incompatibility of your computer, tablet, smartphone, laptop or other device and/or their associated systems with the required technical specifications.
- You are responsible for all charges that your mobile network and/or internet service provider may apply in respect of your use of data in connection with your use of the Platform. If you are not the bill payer for the device being used to access the Platform, you must obtain, and will be assumed to have received, permission from the bill payer for using the Platform.
- Obligation to update to latest version
- We may update some or all of the Platform and/or any of the functionality and/or Content made available through it at any time and for any reason, for example to improve performance, enhance the user experience, reflect changes to operating systems or address security issues. Alternatively, we may ask you to update parts of the Platform for these reasons.
- If you choose not to install such updates or if you opt-out of automatic updates (where applicable) you may not be able to continue using the Platform or functionality may be impaired.
- Termination and suspension of Recast User Accounts
- Termination by us
- We may, at our sole discretion, without notice and without liability to you, immediately terminate or suspend your Recast User Account, or block your use of the Platform, in the event that we reasonably consider that:
- you have violated these T&Cs;
- you have violated any of our policies (including our Acceptable Use Policy);
- you work for or with a Vendor and use your Recast User Account in connection with that Vendor’s activity on the Platform, and that Vendor is in breach of their agreement with us; or
- you are using your Recast User Account for fraudulent or dishonest means (for example, by way of registering for a Recast User Account and redeeming free Recast Credits exclusively on the Vendor Content of a Vendor who is your friend, family member or another associated person to inflate the amount they can earn on the Platform).
- Where you have carried out any of the activities in (c) or (d) above, without prejudice to any other right or remedy available to us, we reserve the right not to credit the Wallet of the relevant Vendor(s) (or the Wallet of any other User who is due any amount from a Purchase of the relevant Inventory Item) with the amount which would otherwise be due.
- If we terminate your Recast User Account on those grounds, you shall not be entitled to any refunds and any Recast Credits in your Wallet at the date of termination will be lost.
- If your Recast User Account is suspended, you will not be able to use the Platform during any period of suspension.
- We may also terminate or suspend your Recast User Account:
- if we decide to no longer provide the Platform, for example due to technical, financial or legitimate business reasons; or
- for any reason on 30 days’ notice to you.
- You also acknowledge that we may cease to make the Platform available in any particular territory or region at any time without notice to you.
- We may further delete your Recast User Account where it is deemed ‘dormant’ and you fail to re-activate your dormant Recast User Account in accordance with section 12 below.
- Termination by you
- If you no longer want to use the Platform please stop accessing it and, if you have a Recast User Account, please delete your Recast User Account (see section 1.2 of Part A (User Terms)). When you delete your Recast User Account, your agreement with us will be immediately terminated, any Recast Credits in your Wallet and any unexpired Access Passes at the date of termination will be lost (subject to any refund you are entitled to in accordance with our Refund Policy).
- Recast IPR
- We and/or our licensors own all rights, title and interest (including intellectual property rights) in and to the Platform.
- Other than as expressly set out in these T&Cs, we do not grant you any right in respect of the Platform or any other materials. This means, for example, that using the Platform does not give you ownership of any intellectual property rights in the Content you access (including any branding used on or displayed via the Platform).
- Any rights not expressly granted to you in these T&Cs, are hereby reserved.
- Third party links
- The Platform (and emails that we send to you in connection with the Platform) may include links to third party websites, applications and/or other digital properties (“Third Party Properties”) that are controlled and maintained by third parties. If you decide to visit any Third Party Properties or use a third party service made available through, or purchase products via, a Third Party Property, you do so at your own risk. It is your responsibility to satisfy yourself as to the reputation of the relevant third party and the services they offer.
- We are not responsible for the content, accuracy or opinions expressed on Third Party Properties. Links that we make available to websites or services do not imply that we are, or our Platform is, affiliated to or associated with such websites or services.
- Your interaction with any Third Party Properties is subject to the relevant third party’s own terms and policies. In particular, third parties may process your personal data in accordance with their own privacy notices. Please read all applicable terms and policies of the relevant third party before using a Third Party Property and/or using a service made available through, or purchasing products via, a Third Party Property.
- Indemnity
- You shall indemnify us and hold us harmless from all damage, costs and expenses (including reasonable legal fees) incurred by us as a result of any claim arising out of any breach by you of these T&Cs and/or in connection with any User Content uploaded by you.
- Limit on liability
- Consumers have certain legal rights when using our Platform. These are also known as “statutory rights” as they are derived from laws such as the UK Consumer Rights Act 2015. Nothing in these T&Cs affects these rights.
- Whether you are a consumer or a business user, our liability to you is not excluded or limited in any way which applicable law does not allow us to exclude or limit. In particular, nothing in these T&Cs excludes our liability for death or personal injury caused by our negligence, or for fraud or fraudulent misrepresentation.
- Except as expressly and specifically provided in these T&Cs, you assume sole responsibility for your use of the Platform, your Recast Credits, any Content you submit to the Platform, and any information you otherwise provide to us.
- To the extent permitted by applicable law, we will not be responsible to you for:
- losses that were not caused by our breach of these T&Cs or our negligence;
- any losses to the extent they are caused by your use of the Platform in breach of these T&Cs; or
- any loss or damage that was not foreseeable (meaning that when you accepted these T&Cs it was not obvious that such loss or damage would occur, and we and you did not know that it might reasonably occur).
- We are not responsible for any Content uploaded or submitted to the Platform by Users, save that, if you are a Recast User, we will apply our Refund Policy if you are dissatisfied with an Inventory Item on the Platform and notify us in accordance with that policy. We will not be responsible for the conduct of any User on the Platform, including any defamatory, offensive or illegal conduct but please report such conduct to us using the please use the “Report” function available or email us at helpme@recast.tv.
- We are not responsible to you for any errors or omissions in any part of the Platform save that, if you are a consumer and you can show that a fault with the Platform has damaged your device and we have not used reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be responsible for damage which you could have avoided if you installed updates recommended by us (provided these updates are offered to you free of charge), or for damage which was caused by you failing to have in place the minimum system requirements advised by us.
- If you are a consumer, to the extent permitted by applicable law, we will not be responsible to you for any business loss or damage.
- If you are not a business user of the Platform, subject to section 11.2 above, we shall not be liable under or in relation to these T&Cs, or in relation to your use of the Platform, (however arising and including as a result of breach of contract, statutory duty or tort (including negligence)) for:
- any direct or indirect:
- loss of profits;
- loss of contracts;
- loss of business;
- loss of goodwill;
- loss or corruption of data; or
- any indirect or consequential loss or damage of whatever nature and howsoever caused, even if we have been advised of the possibility of such damages or losses.
- All warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are excluded from these T&Cs to the fullest extent permitted by law.
- Subject to the other provisions in this section 11 and our Refund Policy, our total aggregate liability to you (whether you are a consumer or a business user) under or in connection with these T&Cs shall be limited to £100.
- Dormant Recast User Accounts
- If your Recast Recast User Account has been inactive for a period of 13 consecutive calendar months or more, then your Recast User Account will be deemed to be ‘dormant’ (“Dormant Account”).
- If your Cast Credit balance in the Wallet of your Dormant Account is zero, your Dormant Account will be archived and no additional steps need be taken by you.
- If the Wallet of your Dormant Account has a positive Cast Credit balance, we will contact you via your registered email address to give you notice that your Recast Credits will expire after 30 days if the Dormant Account is not reactivated.
- You may reactivate a Dormant Account at any time within the 30 day notice period by logging into your Recast Recast User Account.
- If you do not reactivate your Dormant Account by logging in within the 30 day notice period, all Recast Credits previously held in your Recast User Account will be expired and your Dormant Account will be archived.
- If you fail to re-activate your archived Dormant Account during the six (6) year period commencing on the day your Recast User Account is archived by us, we will permanently delete your Recast User Account.
- Reactivating your archived Dormant Account. You can ‘reactivate’ your archived Dormant Account by contacting us at helpme@recast.tv. You can also request to ‘reactivate’ any Recast Credits that were expired by Recast during the period your Dormant Account was archived by contacting helpme@recast.tv. Please note that a cash refund for Recast Credits previously purchased will not be available.
- General
- Assignment
- You will not assign, transfer, charge, sub-contract or deal in any other manner with all or any of your rights or obligations under these T&Cs, without our prior written consent.
- Severance
- If any provision (or part of a provision) of these T&Cs is found to be invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this section 13.2 shall not affect the validity and enforceability of the rest of these T&Cs.
- Third Party Rights
- These T&Cs are only enforceable by you and us. No term of these T&Cs shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 (or otherwise) by anyone else.
- Governing law and jurisdiction
- These T&Cs and any dispute or claim arising out of or in connection with them, their subject matter or their formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law.
- If you are a consumer, you may have a right to bring a claim in your local jurisdiction. In all other cases, you and we agree that the courts of England and Wales will have exclusive jurisdiction to settle any dispute which may arise out of or in connection with these T&Cs.
- Raising concerns
- If you have an enquiry or complaint about our Platform, please submit a support request at support@recast.tv or use the Report functionality within the Platform
If we are unable to resolve your complaint and you wish to raise a dispute or bring a claim against us, you agree to first seek to resolve this informally with us and if this is not possible, we will offer to engage in an impartial out-of-court dispute resolution procedure with you. - If we are unable to resolve your complaint and you wish to raise a dispute or bring a claim against us, you agree to first seek to resolve this informally with us and if this is not possible, we will offer to engage in an impartial out-of-court dispute resolution procedure with you.