Ocast AB, a company incorporated under the laws of Sweden and with Swedish company registration number 556910-7823 ("Ocast"), provides a service (the “Service”) which enables publishers, influencers and others (“Customers”) to create a dynamic media kit profile (a “Mediakit”), on the online market platform www.ocast.com (the “Site”). The Service further enables the collection of information about the offered products, and facilitates the Customer’s contact with buyers of the advertising products. However, Ocast only provides the platform and does not sell the marketed Media kits.
By subscribing to the Service, the Customer accepts these terms and conditions (the “Terms”). Furthermore, visitors who use the Site and who are potential buyers or buyers of products from Media kits (“Visitors”), with or without registration, accept these Terms where applicable. Visitors explicitly confirms to accept what is stated in clause 10.0 in these Terms.
To use the Service, the Customer must register for an account and a subscription. Upon registration, each Customer must specify at least one natural person as the contact person for the Customer. The Customer’s contact person can invite additional users to sign up as users under the Customer’s account. The contact person and the designated Users are jointly referred to as “Users” in these Terms.
The Customer is responsible for ensuring that Users under its account comply with and accept these Terms as well as applicable law. The Terms are considered in effect when the Customer receives a confirmation of registration via e-mail from Ocast. Note that these Terms may change at any given time. In the event of changes, the Customer and Users under the Customer’s account will be informed of such changes by e-mail, via the Website or by other appropriate means.
Customers can register for subscriptions via the Website. Ocast reserves the right to check the Customer’s credit worthiness and the purchaser's authority to represent the Customer, before the subscription registration is accepted. Ocast also reserves itself the right to, in its own discretion, not approve a Customer to the Service.
These Terms, along with any additional agreements (such as subscriptions) between Ocast and the Customer and Users is jointly referred to as the “Agreement”.
Invoices are due within thirty (30) days after the date of invoice. For late payments, reminder invoices are issued and may include reminder fees and reminder interest in accordance with law. In the event of late payment, Ocast reserves the right to remove the Customers profile and Media kit from the Site and/or exclude the Customer from the Service.
Ocast may immediately terminate this Agreement, or remove certain profiles, Media kits or information therein or otherwise on the Site, if:
a) the Customer or any of its designated Users breach any of their obligations under the Agreement and the Customer fails to remedy such a breach within ten (10) days from Ocast’s written notification thereof, or
b) the Customer or any of its designated Users use the Service for any unlawful purpose, breaches a third party’s intellectual property right, posts any illegal or otherwise inappropriate information on the Site, or
c) the Customer is declared bankrupt, suspends payments, enters liquidation or composition proceedings, or is otherwise deemed insolvent.
However, Ocast commits to treating customer information as confidential and agrees not to disclose information about individual Users, or parts thereof, to any third party. Each User of the Service can also request the blocking of username and password by sending an e-mail to Ocast. The Customer is not responsible for any unauthorized use of its User accounts after the block has been requested. Ocast reserves the right, however, even after such a block has occurred, to save and use customer information as may be necessary to detect unauthorized dissemination of information within Ocast. Ocast furthermore reserves the right to, with immediate effect and without obligation of reimbursement, block the Customer’s access to Ocast if the Customer misuses Ocast.
Ocast does not store any login information or credentials from social media platforms such as Instagram, Facebook, Youtube, Twitter etc. Ocast only stores a token given from the social platforms through an API (Application Programming Interface), which enables a Customer to show their statistics on the Site, such as general demographics, geolocation and age statistics from followers on connected social accounts. Ocast does not sell any such data derived from social media channels to third parties (such as ad networks, data brokers, influencers networks or other advertising services), and will only show data for analytics with the consent of the Customer or its designated Users. The data collected is not used by Ocast to identify groups of individuals or to create demographic clusters for the purpose of Ocast’s contact with or targeting of members on or off the connected social media channels.
Canceling a subscription will remove all visible Media kit content from the Service's interface towards other Users, but will continue to be stored on the Ocast servers. For removal of specific Media kit content in the Service, which has been derived from social media channels, please contact Ocast. Ocast will remove such content in accordance with the request of the Customer within twenty-four (24) hours.
For the avoidance of doubt, Ocast does not manage any content on connected social channels. Furthermore, Ocast does not carry out any advertising transactions for our Customers.
The Service is provided “as is” without warranties of any kind. Ocast accepts no responsibility for damages or other inconveniences that may occur for Customers or its Users, due to operation interruptions or traffic errors that may arise if the Site or the Service is temporarily closed for maintenance or upgrades. However, upgrading and maintenance will, if possible, occur outside of regular business hours. The Customer acknowledges that the communication speed between its Users and Ocast’s server depends partly on the Customer’s choice of data transfer system, and partly on traffic volume.
Ocast assumes no responsibility for the content, privacy policies or practices of any third party web sites or services that may be reached by following links presented in the Service or on the Website.
Ocast will from time to time carry out updates, adjustments and other changes to the Service and the Site, and strives for consistent high quality, both technically and in terms of content. Each Customer is responsible for the content within its, or its designated User’s, accounts. Upon entering this Agreement, the Customer and its Users accepts that the content of the Service only serves to provide examples of advertising solutions, formats, cases and other products that Customers or other influencers offer. Ocast thus takes no responsibility as an adviser in individual cases, in relation to individual Customers or Users, or in relation to Visitors or third parties.
Ocast does not accept any liability for any direct, indirect or incidental damage or expense that might arise from the use of the Service or the Site.
Ocast commits to treating Customers’ uploaded information as the Customer’s sole property, and agrees not to sell Customers’ information to third parties. The parties shall not by virtue of these Terms acquire any rights whatsoever to the other party’s intellectual property rights such as trademarks, copyright, potential patent rights etc. These Terms shall not render any transfer whatsoever of any intellectual property rights connected to the Terms or the Service. Each party is the sole owner of all intellectual property rights related to its services.
Content in the Service or on the Site, as well as the underlying software and databases are protected under copyright laws. During the subscription time, the Customer and its designated Users are licensed to use the Service in the context of the Customer’s business.
Subscriptions to the Service run for subscription periods of one (1), three (3) or twelve (12) months. The subscription is automatically extended by the period the Customer has agreed to upon registration for the subscription. Cancellation of the subscription must be made in writing or through the Customer’s account and thirty (30) days before the end of the current subscription period. Subscriptions may not be transferred without written permission from Ocast. The Customer agrees to pay for the Service in accordance with the at any time applicable price list for subscriptions or subscription renewals. General price adjustments may occur and will be informed to the Customer by e-mail. Ocast reserves the right to change the range of features, services and otherwise. Ocast furthermore reserves the right to change the current price list. However, for ongoing subscription periods, the Customer is never required to pay more than the price that applied at the time of the subscription period's start. If a condition which the subscription fee is based upon, should change during the subscription period, the Customer is obligated to notify Ocast so that the Customer is correctly charged upon renewal of the subscription. Prices are stated excluding VAT, which will be added in accordance with the currently applicable VAT rates.
The Service is a platform to create a Media kit. However, Ocast is not a seller or distributor of advertising, only the provider of the platform. Ocast has neither control over, nor is involved in the transaction between a Customer and a buyer of the Customer’s Media kit and advertising solutions. Ocast is not responsible for the advertisement performed by our Customers.
Ocast is not liable for any damages due to incorrect information on the Site, or any other damages or other losses caused by information or content provided by a Customer.
By using the Site, Visitors confirm that they have read and understood these Terms. Visitors understand and agree to that Ocast is not a seller of advertising, but the provider of a platform to enable Media kits for our Customer’s advertising information. As a Visitor, you agree to that you can make no claims against Ocast due to any faults or errors in the ads (information) presented on the Site.
The Customer and its designated Users as well as Visitors agree that Ocast and its affiliates will not be liable for any damages, resulting from: (i) the use or inability to use the Service or the Site;; (ii) the cost of getting substitute goods and services resulting from the Service’s or the Site’s downtime;; or (iii) unauthorized access to or alteration of transmissions or data.
If, notwithstanding the other provisions of these Terms, Ocast or its affiliates are found to be liable for any damage or loss which arise out of or is any way connected to the use of the Service or the Site, Ocast’s and its affiliates’ liability shall in no event exceed the total amount of fees with respect to the Service that the injured party has paid to Ocast in the six (6) months prior to the date of the initial claim made against Ocast and/or its affiliates.
Headings, sectioning and formatting of these Terms shall not affect their interpretation.
The Customer is obligated to indemnify Ocast with respect to all direct liability, losses, damages, third party claims, costs or expenses howsoever caused, arising out of, or in connection with the Customer or its designated Users’ (i) breach of these Terms, (ii) negligence (iii) or misuse of the Service.
These Terms shall be construed in accordance with, and governed by, Swedish law. The courts of Sweden shall finally settle any dispute arising out of these Terms. The district court of Stockholm shall be the first instance.