2.1 Your subscription is perpetual and will automatically renew unless cancelled by you, or terminated. Certain options are provided free-of-charge (the “Free Service” or “Basic Plan”). For other options you must provide a “Payment Method”, which is a valid, current, accepted method of payment, which you may update from time to time. We reserved the right to modify or terminate offered subscription plans at any time.
2.2 We may offer a number of subscriptions, including promotional plans. Different plans may include unique limitations or conditions, which will be explained if necessary at signup. The details of your plans are available in the “My Account” section of our website.
2.3 This service includes public domain content available to the public, but your subscription allows access to the content as mastered or altered by the Viticast production team.
3.1 Billing Cycle
Your Payment Method will be automatically charged on the same day every month, beginning with the day your account is activated. This date may change for reasons such as suspension or non-payment, and the new billing date will be the date of that resolution.
3.2 Payment Methods
You authorize us to automatically charge your primary Payment Method on your billing date, or any other Payment Methods should the primary be declined or made unavailable. You are responsible for any uncollected amounts, and if a payment is not successfully made, we may suspend your access to the service until we receive payment. You can update your Payment Method in the “My Account” section of the website.
3.3 Cancellation and Refunds
You may cancel your subscription at any time by accessing the “My Account” section of the website, and your Payment Method will not be charged on the next billing date. No refunds or credits will be given for partial use of the billing period.
If you have signed up for a paid subscription in error, or choose not to use the Viticast service, you may request a refund within 48 hours of signing up. You may re-subscribe at any time, but only one (1) refund will be given to each e-mail used for sign up.
3.4 Changes to the Subscription Plans
We reserve the right to change the pricing of the subscriptions, and will take effect following reasonable notice to you.
3.5 Codes and Offers
We may offer codes and other such offers from time to time. Eligibility and conditions for such offers will be disclosed at the time of offer and signup.
4.2 You agree that the use of this service and the content within are for your personal and non-commercial use only. Your access to the content is a limited, non-exclusive, and non-transferable right.
4.3 The number of devices you may use is determined by your chosen plan.
4.4 The website, software applications and content are regularly updated, and are subject to such updates at any time without notice.
4.5 You agree to use the Viticast service in accordance with all applicable law and regulation. You may not archive, reproduce, distribute, modify, display, perform, publish, licence, create derivative works from, offer for sale, any of the content or information contained on or obtained on or through the Viticast service. You may not circumvent, remove, alter, deactivate, degrade, or thwart any of the content protections in the Viticast service; use any robot, spider, scraper or other automated means to access the Viticast service; decompile, reverse engineer or disassemble any software or processes accessible through the Viticast service; inset any code or product or manipulate the content of the Viticast service in any way; or use any data mining, data gathering or extraction methods. You may not upload, post, e-mail, or otherwise send or transmit any material designed to interrupt, destroy, or limit the functionality of any software associated with the Viticast service, including software viruses or other computer code, files, or programs. Illegal or fraudulent use of the service, or other violations of these Terms of service may result in termination or restriction of your use of the service.
4.6 The Viticast software applications and the content are not sold or transferred to you, and we retain ownership of all copies of the software applications, even after installation on any device.
4.7 We retain ownership of all Viticast trademarks, service marks, trade names, logos, domain names, and any other features of the Viticast brand. You are given no rights to use and brand features in commercial or non-commercial use.
4.9 The performance quality of the website or application may vary, depending on your device, internet connection speed, location, or many other factors. We make no representation or warranties about the quality of your experience. Any issues arising with compatibility should be taken to the manufacturer of your device, and we assume no responsibility with the performance of your device or the compatibility with our service.
4.10 You are solely responsible for keeping your account information, including your password, confidential and secure. If you believe your password has been compromised, you are responsible for notifying us, and changing the password immediately. You are also responsible for updating and maintaining the accuracy of the account information you provide.
Customer support is available for all users by filling out the form in the “Support” section of the website. Viticast will in good faith attempt to respond in a reasonable amount of time, but makes no guarantee of response time, or promises any direct resolution from the submission of any customer support ticket.
You grant us the right to allow us to use your device processor, bandwidth and storage to facilitate operation of the software applications; provide advertising and other information to you; and allow our business partners to do the same. Any feedback you choose to provide is not confidential, restricted, or paid.
8.1 Disclaimers of Warranties
We attempt and endeavor to keep the operation and performance of Viticast and its software applications optimal, however, you agree that the Viticast service is provided “as is” and “as available”, without warranty or condition, either expressed or implied, of any kind. There is no guarantee of an uninterrupted or “error-free” experience, and we disclaim liability for the use of software applications, devices, or compatibility. No credits of any kind will be given for these experience issues, except at the sole discretion of Viticast.
8.2 Limitations on Liability
The content accessible in the Viticast service employs immersive audio, and shall be considered an “augmented reality” experience, insomuch that certain sound effects, presented situations or other audio elements may elicit physical or emotional response, or appear to alter your perception of your environment. Content related to health, fitness or mental health is intended for recreational use, and is not considered to be a substitute for medical advice. To the extent permissible under applicable laws, in no event shall Viticast, or its subsidiaries or any of their shareholders, directors, officers, agents, employees or licensors be liable (jointly or severally) to you for (1) personal injury or any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever, or (2) any loss of use, data, business, or profits arising from the inability to use the Viticast service.
8.3 Time for Filing
Your sole and exclusive remedy for any problems or dissatisfaction with the Viticast service is to uninstall any Viticast software and discontinue use of the Viticast service. Any claim against Viticast must commence within one (1) year after the party asserting the claim first knows of the claim, by filing a demand for arbitration under section 9.2 or filing an individual action under section 9.4.
9.1 Dispute Resolution
9.2 Notice and Process
You and Viticast agree to attempt to settle any dispute informally for 60 days before seeking arbitration or court proceedings. If, after good faith attempts from both parties, a resolution is not agreed upon, either you or Viticast may start arbitration proceedings. A party who intends to seek arbitration must first send written notice of the dispute to the other, by certified mail, Federal Express, UPS, or Express Mail (signature required), or in the event no physical address is on file, by electronic mail (“Notice”).
Viticast’s address for Notice is: 1076 South 2200 West, Syracuse, Utah, United States of America 84075.
The Notice must include (1) the nature and basis of the dispute or claim, and (2) set forth the specific relief sought (“Demand”). If no resolution of the claim is agreed upon within 30 days of receipt of the Notice, either party may commence an arbitration proceeding.
Notwithstanding the clause above (10.2), you and Viticast agree that nothing in the Arbitration Agreement will be deemed to preclude, waive, or otherwise limit either of our rights, at any time, to bring an individual action in a U.S. small claims court.
9.4 Class Action Waiver
You and viticast agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. The arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding, nor may they award relief to any other party except the individual seeking relief, and only to the extent to provide relief warranted by the party’s individual claim. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim, and only that claim, must be severed from the arbitration and may be brought into court.
9.5 Legal Fee Waiver
If you seek arbitration or file a small court claim, in no event shall Viticast be responsible for any fees incurred to you, including but not limited to, legal counsel, legal fees, or any other costs arising from this dispute in any form.
10.1 Governing Law / Jurisdiction
The Agreements are subject to the laws of the state of Utah, United States of America, without regard to choice or conflicts of law principles.
10.2 Entire Agreement
This Agreement constitutes all the terms and conditions agreed upon by you and Viticast, and supersede any prior agreements, whether written or oral. Any additional agreements, such as access to the Viticast service through codes or promotions, are governed by those agreements. If there are conflicting terms, the terms of the additional agreement will prevail.
Should any provision of this Agreement be deemed unenforceable for any reason or extent, such invalidity does extend or render invalid the remaining provisions of the Agreement.
You agree to indemnify and hold Viticast harmless from and against all damages, osses, and expenses of any kind, including attorney fees and costs, arising out of or related to (1) your breach of any agreement, (2) your activity on or through the Viticast service, or (3) your violation of any law or the rights of a third party.
Last Updated: June 7, 2021
Viticast provides a streaming service which is personalized through the collection of streaming habits and other personal data. We value the privacy and security of your data, and this policy explains the practices we use regarding the collection, use, and sharing of certain data, including personal information, in connection with the Viticast service, as well as the control and choices you have.
This is a policy agreed to by you, and by Viticast LLC. For questions about this policy or the use of your data, please refer to the Contact section at the bottom of this page or in the Support section of our website. Note that we may need to authenticate your identity prior to such support.
Some collection and use of your data is necessary for operation and use of the Viticast service, but you have rights to certain choices and control regarding the collection and use of your data, as listed below:
Resources are made available to you for exercising these rights, as listed below:
Please note that you agree to this Policy in full, and if you disagree with any portion of this Policy, you reserve the right to discontinue use of the Viticast service.
Below are the details of what data we collect, whether provided by you (i.e. during signup), or by automation (i.e. cookies and usage).
3.1 User Data
This data is collected at the time of signup, in order to create an account and use the Viticast service. This may include such data as your username, email address, phone number, birth date, gender, street address, and country. We may also collect your payment method if you sign up with a paid subscription plan.
The information we collect may vary depending on the subscription plan you choose, or whether you provide additional information to personalize your streaming experience and account.
If you use a third party service to create an account, we will receive the personal data you have consented to share via that service.
3.2 Usage Data
This data is collected as you use the Viticast service, as listed below:
3.3 Payment and Purchase Data
This data is provided by you if you choose to sign up for a Trial or a paid subscription plan. This may include (depending on payment method) your name, birth date, credit or debit card information (card type, expiration date, and certain digits of card number), postal code, phone number, and purchase and payment history.
3.4 Forms and Feedback
This data is collected as provided by you if you choose to complete any forms, provide feedback, or respond to a survey.
3.5 Third Party Sources
This data is collected from third party sources, and may vary, but such sources include:
Most of the data we collect is necessary to provide you with the Viticast service (“Legitimate Interest”), performance of a contract (with you or third party sources), or compliance with legal obligations. Such uses of information for these reasons are as listed below:
Please refer to the sources provided in Section 3 if you have additional or specific questions about what data we use for which purpose.
We do not share the personal data we collect with anyone, except as needed by use of certain third party services necessary to facilitate certain operations, as defined in Section 4. Who we share such data is as listed below:
We do not keep your personal data longer than is necessary for essential and legitimate business purposes, including providing the Viticast service, resolving disputes, complying with legal obligations, and making data-driven business decisions.
Unless legally obligated to do so, we will delete upon your request any identifying personal data. Such legal obligations may include resolving issues such as:
You may choose to use the “Remember Me” function when logging in to the Viticast website or app, which uses technology that allows us to provide you direct access to your account without reentry of a password or identification when you revisit the Viticast service.
If you allow other persons access to your account, they will have access to your personal information exactly as you do, even with the use of the Profiles feature. If you sign into your account on a foreign device, it may remain logged in until you log out of that device.
All persons with access to your account, including those who have a Profile within your account have the same access as you do, including the amendment or erasure of data, including Profiles. It is entirely your responsibility to manage your account.
We use reasonable measures to safeguard your information against loss, theft, and unauthorized access, use, and modification. While these measures are designed to provide security appropriate to the risks of processing your personal data, no measures can be guaranteed to provide 100% security. Accordingly, we cannot guarantee the security of your personal information.
If you are under the age of 18 years, please do not use the Viticast service without parental consent or provide any personal data to us.
We may make changes to this policy, and will provide notification of such changes as appropriate (i.e. email or device notification). Please note you agree to these changes and the updated Policy whether you have read them or not.
You may contact us with any questions about this Policy by using the Support page on the website or emailing us at email@example.com.
Last Updated: June 7, 2021