Terms & Conditions

Logcast™ Terms and Conditions

Effective as of January 11, 2021
Logcast™, Inc. ("Logcast," "we," "us," or "our") warmly welcomes you. Thank you for choosing to access and use our service (the "Service") made available to you through our website located at https://logcast.io (the "Website") or through our mobile application (the "App"). By using the Logcast service you are agreeing to be bound by the following terms and conditions ("Terms of Service").

Basic Terms & Community Guidelines

1. You must be 13 years or older to use this app.
2. You are responsible for any activity that occurs under your account name.
3. You are responsible for keeping your password secure.
4. You are not allowed to abuse, harass, threaten, impersonate or intimidate other Logcast users.
5. You must not, in the use of Logcast, violate any laws in your jurisdiction (including but not limited to copyright laws).
6. You may not designate yourself to be another person, or steal another person's identity.
7. You may not use the Logcast service for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content.
8. You are solely responsible for your conduct and any data, text, information, names, graphics, photos, profiles, audio and links ("Content") that you record, post, and display on the Logcast service.
9. You must not modify, adapt or hack Logcast or modify another website so as to falsely imply that it is associated with Logcast.
10. You must not access Logcast's private API by any other means other than the Logcast application itself.
11. You must not create or submit unwanted email, logs or comments to any Logcast members ("Spam").
12. You must not transmit any worms or viruses or any code of a destructive nature.
13. Violation of any of these agreements will result in the termination of your Logcast account. While Logcast prohibits such conduct and content on its App, you understand and agree that Logcast cannot be responsible for the Content posted on its App and you nonetheless may be exposed to such materials and that you use the Logcast service at your own risk.

General Conditions

1. We reserve the right to modify or terminate the Logcast service for any reason, without notice at any time.
2. We reserve the right to alter these Terms of Service at any time. If the alterations constitute a material change to the Terms of Service, we will notify you according to the preference expressed on your account. What constitutes a "material change" will be determined at our sole discretion, in good faith and using common sense and reasonable judgment.
3. We reserve the right to refuse service to anyone for any reason at any time.
4. We reserve the right to force forfeiture of any username that becomes inactive, violates trademark, or may mislead other users.
5. We may, but have no obligation to, remove Content and accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
6. We reserve the right to reclaim usernames on behalf of businesses or individuals that hold legal claim or trademark on those usernames.
7. We have the right to terminate or suspend your account at any time at our discretion. We can also remove any descriptions, posts, or content at our discretion.
8. You may not bring a claim against us for suspending or terminating an account, and you agree you will not bring such a claim. If you try to bring such a claim, you are responsible for the damages causes, including lawyer representation fees and all costs associated. These terms and conditions remain in effect even if you no longer have a Logcast account.

Proprietary Rights in Content on Logcast

1. Logcast does NOT claim ANY ownership rights in the text, audio, images, photos, sounds, musical works, works of authorship, applications, or any other materials (collectively, "Content") that you post on or through the Logcast Services. By displaying or publishing ("posting") any Content on or through the Logcast Services, you hereby grant to Logcast a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate such Content, including without limitation distributing part or all of the Site in any media formats through any media channels, except Content not shared publicly ("private") will not be distributed outside the Logcast Services.
2. You represent and warrant that: (i) you own the Content posted by you on or through the Logcast Services or otherwise have the right to grant the license set forth in this section, (ii) the posting and use of your Content on or through the Logcast Services does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person, and (iii) the posting of your Content on the Site does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of Content you post on or through the Logcast Services.
3. The Logcast Services contain Content of Logcast ("Logcast Content"). Logcast Content is protected by copyright, trademark, patent, trade secret and other laws, and Logcast owns and retains all rights in the Logcast Content and the Logcast Services. Logcast hereby grants you a limited, revocable, non sublicensable license to reproduce and display the Logcast Content (excluding any software code) solely for your personal use in connection with viewing the Site and using the Logcast Services.
4. The Logcast Services contain Content of Users and other Logcast licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Logcast Services.
5. Logcast performs technical functions necessary to offer the Logcast Services, including but not limited to transcoding and/or reformatting Content to allow its use throughout the Logcast Services.
6. Although the App and other Logcast Services are normally available, there will be occasions when the App or other Logcast Services will be interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment that are beyond the control of Logcast. Also, although Logcast will normally only delete Content that violates this Agreement, Logcast reserves the right to delete any Content for any reason, without prior notice. Deleted content may be stored by Logcast in order to comply with certain legal obligations and is not retrievable without a valid court order. Consequently, Logcast encourages you to maintain your own backup of your Content. In other words, Logcast is not a backup service. Logcast will not be liable to you for any modification, suspension, or discontinuation of the Logcast Services, or the loss of any Content.

BY USING OUR APP OR WEBSITE AS A CREATOR YOU AGREE TO THESE TERMS – PLEASE READ THEM CAREFULLY.
What are the fees that we charge Creators for the use of Logcast?
We charge a fee to you of twenty per cent (20%) of all Listener Payments made to you (exclusive of any VAT element of the Listener Payment) which is called Our Fee. The remaining eighty per cent (80%) of the Listener Payment (exclusive of any VAT element of the Listener Payment) is payable to you (called "Creator Earnings"). Our Fee includes the costs of providing, maintaining and operating Logcast and storing your Content. Our Fee is deducted from the Listener Payment, and Creator Earnings are paid to you in the way described in the Payouts to Creators section below.
How to set up your account as a Creator account:

1. You will need to navigate to your Profile Page on Logcast to set up a Creator account.
2. We work with payment partner Stripe to help you get paid. On your Profile Page, you will click “Set up creator account” and navigate to the Stripe website.
3. On the Stripe website, you will create your Creator account and upload a valid form of ID, payment details and your bank account. If you are registered for VAT in Europe or the UK, you will need to provide us with your valid VAT number. See the Tax compliance and VAT section of these Terms of Use for Creators in relation to VAT. You may also need to submit additional information depending on the country where you live. We may ask you for additional age or identity verification information at any time. We may reject your application to set up a Creator account for any reason, including the reasons stated here.
4. Once you have set up your account as a Creator account, then if you want to charge your Listeners a fee to access your content you will need to set your unlock price for your Listeners.

if you lose access to your account, you can reset your password, but you will need to know the email address used to set up the account to do so. If you do not recall the email address used to set up the account, we may require you to provide identification documents and photos and any additional evidence we might need.

Listener/Creator Transactions:

All Listener/Creator Transactions are contracts between Listeners and Creators on the terms of the Standard Contract between Listener and Creator. Although we facilitate Listener/Creator Transactions by providing the Logcast mobile app and web application and storing Content, we are not a party to the Standard Contract between Listener and Creator or any other contract which may exist between a Listener and Creator, and are not responsible for any Listener/Creator Transaction. Listener Payments are exclusive of VAT, which shall be added at the current rate as applicable to Listener Payments. When you receive confirmation from Logcast, either in the ‘Statements’ page of your User account or by email (or both), that the Listener/Creator Transaction has been confirmed, you must perform your part of such Listener/Creator Transaction (for example, by allowing the Listener to listen the Paid Content on your account. You agree that you will indemnify us for any breach by you of this obligation (which means you will be responsible for any loss or damage (including loss of profit) we suffer as a result of you failing to comply with this obligation).

Content – General Terms:

In addition to the terms set out elsewhere in the Terms of Service, the following terms apply to the Content posted, displayed, uploaded or published by you as a Creator on Logcast: Your Content is not confidential, and you authorize your Listeners to access and view your Content on Logcast for their own lawful and personal use, and in accordance with any licenses that you grant to your Listeners. You warrant (which means that you make a legally enforceable promise to us) that for each item of Content which you post, display, upload or publish on Logcast: the Content complies in full with the Terms of Service you hold all rights necessary to license and deal in your Content on Logcast, including in each territory where you have Listeners you either own your Content (and all intellectual property rights in it) or have a valid license to offer and supply your Content to your Listeneres; if your Content includes or uses any third-party material, you have secured all rights, licenses, written consents and releases that are necessary for the use of such third-party property in your Content and for the subsequent use and exploitation of that Content on Logcast; and the Content is: of satisfactory quality, taking account of any description of the Content, the price, and all other relevant circumstances including any statement or representation which you make about the nature of the Content on your account or in any advertising; reasonably suitable for any purpose which the Listener has made known to you is the purpose for which the Listener is using the Content; and as described by you. You agree that you will be liable to us and indemnify us if any of the warranties at section 9(b) is untrue. This means you will be responsible for any loss or damage (including loss of profit) we suffer as a result of any of the warranties being untrue. We are not responsible for and do not endorse any aspect of any Content posted by you or any other User of Logcast. We do not have any obligation to monitor any Content and have no direct control over what your Content may comprise. You also agree to act as custodian of records for the Content that you upload to Logcast.

Payouts to Creators:

All Listener Payments will be received by our third-party payment provider Stripe. Stripe will collect the Listener Payment and pay the Creator Earnings to your bank account. Our Fee (25%) will be deducted from the Listener Payment received and remaining funds will be transferred to your Logcast Stripe account. Your Logcast Stripe account will be updated within a reasonable time with your Creator Earnings. Your Creator Earnings will become available for withdrawal by you from your Logcast Stripe account once such Creator Earnings appear in your Logcast Stripe account. The amount that you see in your ‘current balance’ in your Logcast Stripe account is your Creator Earnings at the relevant time. All Listener Payments and Creator Earnings are transacted in USD only. Listener Payments and Creator Earnings figures will be reflected in your local currency, at an exchange rate controlled by Stripe. Your bank may charge you currency conversion or transfer fees to receive the money. If a Listener successfully seeks a refund or chargeback from their credit card provider in respect of a Listener Payment made to you, we may investigate and may decide to deduct from your account an amount equal to the Creator Earnings earned by you on the charged-back or refunded amount.

Circumstances in which we may withhold Creator Earnings:

We may withhold all or any part of the Creator Earnings due to you but not yet paid out: if we think that you have or may have seriously or repeatedly breached any part of the Terms of Service; if you attempt or threaten to breach any part of the Terms of Service in a way which we think has or could have serious consequences for us or another User (including actual or possible loss caused to us or another User);
or if we suspect that all or any part of the Creator Earnings result from unlawful or fraudulent activity, either by you or by the Listener who made the Listener Payment resulting in the Creator Earnings, for as long as is necessary to investigate the actual, threatened or suspected breach by you or the suspected unlawful activity (as applicable). If following our investigation, we conclude that (i) you have seriously or repeatedly breached any part of the Terms of Service; (ii) you have attempted or threatened to breach any part of the Terms of Service in a way which has or could have serious consequences for us or another User (including actual or possible loss caused to us or another User), and/or (iii) the Creator Earnings result from unlawful or fraudulent activity, we may notify you that you have forfeited your Creator Earnings. We may also withhold all or any part of the Creator Earnings due to you but not yet paid out if we receive notice that you have secured, encumbered, pledged, assigned, or otherwise allowed a lien to be placed on Creator Earnings. We undertake no duty to pay Creator Earnings to third-party lienholders and may withhold payment of Creator Earnings until the lien has been removed. We shall not have any responsibility to you if we withhold or forfeit any of your Creator Earnings where we have a right to do so under these Terms of Use for Creators. If we are withholding all or any part of the Creator Earnings due to you and we determine that part of the Creator Earnings withheld by us is unrelated to breaches by you of the Terms of Service or suspected unlawful or fraudulent activity, then we may arrange for you to be paid the part of the Creator Earnings which we determine to be unrelated to breaches by you of the Terms of Service or suspected unlawful or fraudulent activity. However, you agree that if we consider that your breach(es) of the Terms of Service has or may cause us loss, we may withhold all Creator Earnings due to you but not yet paid and we may set off such amounts against any losses suffered by us. If once we have finished our investigation we determine that Creator Earnings are forfeited, we will (unless prohibited by law) use our best efforts to ensure that any Listener Payments which resulted in forfeited Creator Earnings are returned to the relevant Listener who paid such Listener Payments.

Tax compliance and VAT:

General: We recommend that all Creators seek professional advice to ensure you are compliant with your local Tax and VAT rules, based on your individual circumstances. Creators are responsible for reporting any income or withholding taxes which may be due as a result of payments received on Logcast. Logcast AB is registered as a “Marketplace Facilitator”. A “Marketplace Facilitator” is defined as an entity that owns, operates or otherwise controls an electronic marketplace and facilitates the sale of a third-party seller’s products or services. The “Marketplace Facilitator” either directly or indirectly through contracts, agreements, or other arrangements with third parties, collects the payment from the purchaser and transmits all or part of the payment to the seller. By using Logcast as a Creator, you understand and agree that Logcast is a “Marketplace Facilitator” and that you are fully responsible for registering, collecting, and remitting the tax payable on your earnings made by selling content to Listeners on Logcast.
By using Logcast as a Creator, you warrant (which means you make a legally enforceable promise) that you have reported and will report in the future the receipt of all payments made to you in connection with your use of Logcast to the relevant Tax authority in your jurisdiction, as required by law. By using Logcast as a Creator you warrant (which means you make a legally enforceable promise) that you will at all times comply with all laws and regulations relating to Tax which apply to you. If, at any point whilst you have an Logcast account, any Tax non-compliance occurs in relation to you (including a failure by you to report earnings or the imposition on you of any penalty or interest relating to Tax) or if any litigation, enquiry, or investigation is commenced against you that is in connection with, or which may lead to, any occurrence of Tax non-compliance, you agree that you will: notify us by email to support@logcast.io in writing within 7 days of the occurrence of the Tax non-compliance or the commencement of the litigation, enquiry or investigation (as applicable); and promptly provide us by email to support@logcast.io with: details of the steps which you are taking to address the occurrence of the Tax non-compliance and to prevent the same from happening again, together with any mitigating factors that you consider relevant; and such other information in relation to the occurrence of the Tax non-compliance as we may reasonably require. For the avoidance of doubt, you are responsible for your own Tax affairs and we and our subsidiary companies (i) are not responsible for advising you on your Tax affairs and will not be liable in respect of any general information provided on Logcast or by support@logcast.io in respect of Tax, and (ii) will not be liable for any non-payment of Tax by Creators. We reserve the right to close your Logcast account if we are notified of or become aware of any Tax non-compliance by you.

Purchase and payment terms for Listeners

BY USING OUR APP OR WEBSITE AS A LISTENER YOU AGREE TO THESE TERMS – PLEASE READ THEM CAREFULLY.
This section describes the terms which apply to Listener/Creator Transactions:
All Listener/Creator Transactions are contracts between Listener and Creators on the terms of the Standard Contract between Listener and Creator. Although we facilitate Listener/Creator Transactions by providing the Logcast platform and storing Content we are not a party to the Standard Contract between Listener and Creator or any other contract which may exist between a Listener and Creator, and are not responsible for any Listener/Creator Transactions. Creators are solely responsible for determining the pricing applicable to Listener/Creator Transactions and the Content to which you may be given access. All prices appear in USD only. Listener Payments are exclusive of VAT, which shall be added at the current rate as applicable to Listener Payments. To be able to enter into a Listener/Creator Transaction with a particular Creator, you must first add a payment card to your account and then click the ‘Pay’ button on the relevant Creator's paid content. You authorize us and our subsidiary companies to supply your payment card details to a third-party payment provider for the purpose of processing your Listener Payment. All Listener Payments will be charged in USD. Your payment card provider may charge you currency conversion fees. We do not have control over currency exchange rates or charges imposed by your payment card provider or bank and we and our subsidiary companies will not be responsible for paying any charges or fees imposed by your payment card provider or bank. The payment provider will take immediate payments from your payment card for Listener Payment. You authorize and consent to each of these payments being debited using your supplied payment card details. You agree that you will not make unjustified requests for a refund in respect of any Listener/Creator Transaction, or unjustified chargeback requests of your payment card provider in relation to any Listener/Creator Transaction. If we consider that any request for a refund or chargeback request was made by you in bad faith, we have the right to suspend or delete your User account.
Suspension of your User account: If we suspend your User account in accordance with our rights under the Terms of Service, then any Listener Payments which would otherwise have fallen due during the period of suspension of your User account will be suspended during the period of the suspension of your User account.
NFM Marketplace, NFM Terms, NFM Services and Digital Assets (“NFMs” or “Non-Fungible Memories”)

The NFM Services will include the following services:

Access to the NFM Marketplace where you may place Orders to purchase Digital Assets in the form of spoken audio digital media, images and other metadata which we call NFMs or “non-fungible memories”; hosted NFM wallet provided by Logcast that allows you to store Digital Assets or NFMs or “non-fungible memories” for the purpose of using Logcast services Any other products or services connected with the Logcast company or shown on the NFM Marketplace or our official communication channels from time to time
You may also access through the Logcast app some services and products which are offered by Logcast, such as the Logcast app custodial digital wallet, and such services and products are governed by such terms and conditions.
The NFM Marketplace is considered part of the “Logcast Services” as defined in the Logcast Terms of Use (“Logcast Terms”) set forth here. The Logcast Terms are incorporated by reference into these NFM Terms, and also govern your use of and access to the NFM Marketplace. In the event of a conflict between the terms of these NFM Terms and the Logcast Terms, the NFM Terms will supersede and control.
Please carefully review these NFM Terms and the Logcast Terms. By accessing or using the NFM Marketplace (including by purchasing any items herein), you are deemed to have read, accepted, executed, and agreed to be bound by these NFM Terms. We may change or amend the NFM Marketplace or these NFM Terms at any time at our sole and absolute discretion. Any changes to these NFM Terms will be in effect as of the “Last Revised” date referred to at the top of this page. You acknowledge and agree that the form and nature of the NFM Marketplace, and any part of it, may change from time to time without prior notice to you, and that we may add new or remove existing features and change any part of the NFM Marketplace.

Overview of the NFM Marketplace

The NFM Marketplace provides you with the opportunity to create (or as we call it, mint), sell, purchase, collect, showcase and otherwise transact digital blockchain collectibles, which may be represented as a non-fungible token (“NFT”) linked with certain digital audio and image (“NFT Media”). We facilitate transactions between buyer and seller of an NFM, but we are not a party to any agreement between buyer and seller of an NFM on the NFM Marketplace. We collect revenue on the NFM Marketplace via transaction fees and other applicable fees which we display when you interact with the NFM Marketplace. For the avoidance of doubt, NFTs transacted on the NFM Marketplace are considered “Digital Assets. Company reserves the right to be the final decision maker on any disputes arising from purchases via the NFM Marketplace, including in connection with any auctions or other purchase methods.
For NFM Sellers: By minting, providing, or selling an NFM through the NFM Marketplace, you hereby represent and warrant that you own all legal right, title and interest in all intellectual property rights to the NFT Media linked or associated with such NFT, or you are legally authorized by the intellectual property owner to mint, provide or sell the NFM on the NFM Marketplace. In order to list any NFM for sale on the NFM Marketplace, you must first deposit the NFM for sale for custody with the Company until such time as the NFM is sold or you decide to remove the NFM from the NFM Marketplace. For clarity, the Company has no obligation or liability to you for keeping, storing, or helping you recover any NFT Media associated with your NFMs.
For NFM Buyers: When you purchase an NFM, you own the NFT that is associated with certain NFT Media, but you do not own any intellectual property rights in such NFT Media except for the license grants expressly set forth herein. In certain cases, we may help to evaluate or provide you with information about a seller of an NFM. However, such information is provided for informational purposes only. You bear full responsibility for verifying the authenticity, legitimacy, identity of any NFM you purchase on the NFM Marketplace. We make no guarantees or promises about the identity, legitimacy, or authenticity of any NFM on the NFM Marketplace.

License to your content

In connection with your use of the NFM Marketplace, you may be able to post, upload, or submit content to be made available through the NFM Marketplace, including NFT Media that is tied to NFMs you wish to sell on the NFM Marketplace as a seller, and any other content associated with your NFMs (“Your Content”).
In order to operate the NFM Marketplace, we must obtain from you certain license rights in Your Content so that actions we take in operating the NFM Marketplace are not considered legal violations. Accordingly, by using the NFM Marketplace and uploading Your Content or otherwise making Your Content available, you grant us a license to access, use, host, cache, store, copy, reproduce, transmit, display, publish, distribute, adapt and modify (for technical purposes, e.g., making sure content is viewable on smartphones as well as computers and other devices) Your Content in any and all media or distribution methods (now or later developed) but solely as required to be able to operate and provide services of the NFM Marketplace.
You agree that this license includes the right for us to provide, promote, and improve the NFM Marketplace and to make Your Content available to other companies, organizations or individuals for the distribution, promotion or publication of Your Content on other media and services. You agree that these rights and licenses are royalty free, transferable, sub-licensable, worldwide and irrevocable (for so long as Your Content is stored with us), and include a right for us to make Your Content available to, and pass these rights along to, others with whom we have contractual relationships related to the provision of the NFM Marketplace, and solely for purpose of providing the NFM Marketplace, and to otherwise permit access to disclose Your Content to third parties if we determine such access is necessary to comply with our legal obligations. As part of the foregoing license grant you agree that the other Users of the NFM Marketplace shall have the right to comment on and/or tag Your Content and/or to use, publish, display, modify or include a copy of Your Content as part of their own use of the NFM Marketplace; except that the foregoing shall not apply to any of Your Content that you post privately for non-public display on the NFM Marketplace.
By posting or submitting Your Content to the NFM Marketplace, you represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for Your Content. You agree that Your Content will not contain material subject to copyright or other proprietary rights, unless you have the necessary permission or are otherwise legally entitled to post the material and to grant us the license described above.
If you sell an NFM through the NFM Marketplace, you grant to the buyer of the NFM a worldwide, non-exclusive, non-transferable, royalty-free license to use, copy, and display the NFT Media for such purchased NFM, solely for the following purposes: (a) for the buyer’s own personal use; (b) as part of a marketplace that permits the purchase and sale of such NFTs, provided that the marketplace cryptographically verifies each NFT’s owner’s rights to display the NFT Media for their NFTs to ensure that only the actual owner can display the NFT Media; or (c) as part of a third party website or application that permits the inclusion, involvement, or participation of your NFM, provided that the website/application cryptographically verifies each NFT’s owner’s rights to display the NFT Media for their NFMs to ensure that only the actual owner can display the NFT Media, and provided that the NFT Media is no longer visible once the owner of the NFTs leaves the website/application (the “NFT Purchase License”).
If you are a buyer of NFMs, then you acknowledge and agree that the NFT Purchase License set forth above only lasts as long as you are the valid owner and holder of the NFM associated with the licensed NFT Media. If you sell or transfer the NFM to another person, this NFM Purchase License will transfer to another owner or holder of the NFM, and you will no longer have the benefits of such NFT Purchase License.
Unless otherwise specified by the seller of an NFM in writing, your purchase of an NFM does not give you the right to publicly display, perform, distribute, sell or otherwise reproduce the NFM or its related NFT Media for any commercial purpose. If you sell an NFM, you agree that you will not have any claims against the Company for any breach of these NFM Terms by a purchaser, including if they make commercial use of the related NFT Media in breach of these NFM Terms.
We have the right to remove or refuse to post any of Your Content, including NFMs, (a) for any or no reason in our sole discretion; and (b) take any action with respect to Your Content that we deem necessary or appropriate in our sole discretion, including if we believe that Your Content violates these NFM Terms, infringes any intellectual property right of any person or entity, threatens the personal safety of Users of the NFM Marketplace or the public, or could create liability for Company or other Users.

Company may, but is not obligated to, monitor the NFMs, NFT Media and Your Content uploaded to the NFM Marketplace for any infringement of a third party’s intellectual property rights. However, Company cannot undertake to review all such content before it is posted on the Service, and cannot ensure prompt removal of objectionable content after it has been posted. Accordingly, Company assumes no liability for any action regarding transmissions, communications, or content provided by any user or third party. If you believe that any text, graphics, photos, audio, videos or other materials or works uploaded, downloaded or appearing on the Services have been copied in a way that constitutes copyright infringement, you may submit a notification to our legal department, by providing the following information in writing: a) identification of the copyrighted work that is claimed to be infringed; b) identification of the allegedly infringing material that is requested to be removed, including a description of where it is located on the NFM Marketplace; c) information for our copyright agent to contact you, such as an address, telephone number and e-mail address; d) a statement that you have a good faith belief that the identified, allegedly infringing use is not authorized by the copyright owners, its agent or the law; e) a statement that the information above is accurate, and under penalty of perjury, that you are the copyright owner or the authorized person to act on behalf of the copyright owner; and f) the physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or of an exclusive right that is allegedly infringed. Notices of copyright infringement claims should be sent by e-mail to crew@logcast.com.
It is our policy, in appropriate circumstances and at our discretion, to disable or terminate the accounts of Users who repeatedly infringe copyrights or intellectual property rights of others. Any User of the NFM Marketplace who has uploaded or posted materials identified as infringing as described above may supply a counter-notification. When we receive a counter notification, we may reinstate the posts or material in question, in our sole discretion. To file a counter-notification with us, you must provide a written communication (by fax or regular mail or by email) that sets forth: (a) your name, address, telephone number, e-mail address and physical or electronic signature; (b) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; and (c) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled. Please note that you will be liable for damages if you materially misrepresent that content or an activity is not infringing the copyrights of others.

Verification and Payment

When you make purchases through the NFM Marketplace, including, without limitation, any purchase for NFMs, you must provide and maintain valid payment information in connection with your Logcast Account (as defined in the Logcast Terms) with us. You represent and warrant that you are authorized to use the payment method you use via the NFM Marketplace to make any purchase. You authorize us to charge your payment method for the total amount of your purchase price. Your order may be suspended or canceled for any reason, including if the payment method cannot be verified, is invalid or is otherwise not acceptable. Other payments terms for purchases are set forth in the relevant sections of the Logcast Terms. We have no liability to you or to any third party for any claims or damages that may arise as a result of any payments or transactions that you engage in via the NFM Marketplace, or any other payment or transactions that you conduct via the NFM Marketplace. We do not provide refunds for any purchases that you might make on or through the NFM Marketplace – whether for NFMs or anything else. You will be solely responsible to pay any and all sales, use, value-added and other taxes, duties, and assessments (except taxes on our net income) now or hereafter claimed or imposed by any governmental authority associated with your use of the NFM Marketplace or NFMs, except for income taxes levied on us as a result of such purchases of NFMs.

Assumption of Risks

Any purchase or sale you make, accept or facilitate outside of the NFM Marketplace of an NFM will be entirely at your risk. You acknowledge that you have obtained sufficient information to make an informed decision to purchase an NFM, including carefully reviewing the code of the smart contract and the NFM and fully understand and accept the functions of the same. We do not control or endorse purchases or sales of NFMs outside of the NFM Marketplace. We expressly deny and disclaim any liability to you and deny any obligation to indemnify you or hold you harmless for any losses you may incur by transacting, or facilitating transactions, in NFMs outside of the NFM Marketplace. Certain parts of the NFM Marketplace may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”). By using the NFM Marketplace, you acknowledge and agree that the Company is not responsible for examining or evaluating the content, accuracy, completeness, availability, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials. We do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party services, Third Party Materials, or for any other materials, products, or services of third parties.
Subject to Applicable Law, we reserve the right and without liability to you to: (a) update, change, remove, cancel, suspend, disable or restrict access to or discontinue the Logcast App Services or change any features, component or content thereof; (b) decline, suspend, cancel, reverse, void or partially execute any Digital Asset (NFM) Purchase.
Subject to Applicable Law, we reserve the right to suspend, restrict or terminate your access to any or all of our Services and to deactivate your account, including without limitation: a) where it is our reasonable opinion that we are required to do so by Applicable Law or any court or other adjudicating authority to which we are subject in any jurisdiction; b) upon reasonable suspicion that you may be in breach of these Terms or are otherwise trying to circumvent these Terms such as by opening multiple accounts or abusing any of our incentive schemes; c) upon reasonable suspicion that a transaction is fraudulent or erroneous; d) upon reasonable suspicion that your account has been compromised or the Services are being used in a fraudulent or unauthorised manner; e) upon reasonable suspicion of money laundering, terrorist financing, fraud or any other financial crime; or f) upon reasonable suspicion that you are conducting any fraudulent or illegal activities including but not limited to any Ponzi scheme, pyramid scheme, phishing or dark-net transactions; or (g) where you are subject to pending litigation, investigation or government proceedings.
Please note that all transactions involving Digital Assets involve certain risks. In this regard, once submitted to a blockchain network, such a transaction will be unconfirmed for a period of time pending sufficient confirmation of the transaction by the blockchain network. A transaction is not complete while it is in a pending state.
The risk of loss in holding Digital Assets can be substantial. You should therefore carefully consider whether holding Digital Assets is suitable for you in light of your financial situation. In considering whether to hold Digital Assets, you should be aware that the price or value of Digital Assets can change rapidly, decrease, and potentially even fall to zero. Past performance is not an indicator of future performance. If you use any Logcast App Services which allow you and/or third parties to access and hold Digital Asset private keys, you acknowledge that we are not responsible for safeguarding such keys and that we are not responsible for any loss of Digital Assets resulting from theft, loss, or mishandling of Digital Asset private keys outside our control.
We are not responsible for the market of Digital Assets, and we make no representations or warranties concerning the real or perceived value of Digital Assets as denominated in any quoted currency. Although we may provide historical and/or real-time data regarding the price of Digital Assets, such data or graphs are for reference only. We make no representations regarding the quality, suitability, veracity, usefulness, accuracy, or completeness of such data or graphs, and you should not rely on such data or graphs for any reason whatsoever. You understand and acknowledge that the value of Digital Assets can be volatile, and you agree that we are not in any way responsible or liable for any losses you may incur by holding or trading Digital Assets, even if the Logcast App Services were delayed, suspended, or interrupted for any reason.
We do not provide investment advice tax advice, financial advice or any other professional advice and any content on the Logcast App and Site should not be considered as such advice such a substitute for tailored investment, financial advice. The contents of the Logcast App and Site does not constitute a comprehensive or complete statement of the matters discussed or the law relating thereto. The contents of the Logcast App and Site should not be used as a basis for making investment decisions and should not be construed as an attempt to market or promote any type of Digital Asset.
Your Logcast Wallet is not a depository account. NFMs stored in your Logcast Wallet do not earn any interest unless otherwise stated and they are not protected by any government- backed depositor compensation, insurance or guarantee scheme.

Contact

General questions or comments about the NFM Marketplace or these NFM Terms should be sent by contacting the customer support team at crew@logcast.io
By using the Service, you acknowledge that you have read, understood, and agree to be legally bound by the terms and conditions of these Terms of Service and the terms and conditions of our Privacy Policy, which is hereby incorporated by reference.
Please take the time to review our Privacy Policy. If you do not agree to any terms in these Terms of Service or the Privacy Policy, then please do not use our Service.
Lastly we want to encourage you to keep the Logcast App a safe and welcoming environment, no hate speech or making others uncomfortable. With the purpose of creating meaningful connections the Logcast team promotes an authentic and screen free experience, always.
Thank you for respecting our Terms and Conditions,
Logcast 2024