Last updated: July 2020
Welcome to Recast!
These terms & conditions (”Terms”) apply to all use of the online platform owned or operated by Recast Sports Ltd (“Recast”, “we” or “us") and made available at https://the.recast.app (the “Platform”) by you and form a legal agreement between you and us. Please read these Terms carefully before you start to use the Platform.
By creating an account to access the Platform (“Account”), using the Platform or otherwise indicating agreement electronically to these Terms, you agree to these Terms. If you do not agree to these Terms, you should not indicate your agreement and/or create an Account and you should immediately cease any use of the Platform.
If you use the Platform, you represent and warrant that you are at least sixteen (16) years old. The Platform is only intended for individuals aged sixteen (16) years or older. We reserve the right to request proof of age at any stage so that we can verify your age. If you are between sixteen (16) and eighteen (18) years old, you must review these Terms with your parent or guardian, have them accept it on your behalf, as well as approve your use of the Platform.
Recast reserves the right to update these Terms from time to time. We will provide you with reasonable notice prior to making any changes to these Terms. Your continued use of the Platform after the publication of the revised Terms, will be deemed your acceptance of the revised Terms. If you do not wish to use the Platform under the revised Terms, you may terminate your Account in accordance with these Terms.
The following definitions apply to these Terms:
"Cast" means a credit unit worth £0.01, issued by Recast to a User in exchange for Funds, that can be used to purchase Content on the Platform;
"Content" means any data, content or material provided to Recast by Users via the Platform which is subsequently sold by Recast to Users in exchange for Casts including all text, audio, video, live stream, images, graphics, pictures, numbers or any other digital content;
"Data Protection Laws" means any data protection, privacy or similar laws that apply to personal data processed in connection with these Terms, including the EU General Data Protection Regulation 2016/679 (“GDPR”), Data Protection Act 2018 or Privacy and Electronic Communications Directive 2002/58 and any legislation which amends, extends, consolidates, re-enacts or replaces same, including any additional legislation or regulations that may be made pursuant thereto from time to time;
"Force Majeure Event" means circumstances beyond the reasonable control of a party to these Terms, whether or not reasonably foreseeable at the time of accepting these Terms, making it impractical to perform its obligations including:
"Funds" means currencies that we accept such as GBP in exchange for Casts;
“Intellectual Property Rights” means all copyright and related rights, patents, rights to inventions, utility models, trademarks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection including neighbouring rights which subsist or will subsist now or in the future in any part of the world for the full duration of such rights;
"Quarter" means each three (3) month-period commencing on the first day of January, April, July or October, as the case may be, during a calendar year;
“Regular User” means a User with access to the Platform as described in Section 2.8.1
“Reward Policy” means Recast’s reward policy available at https://recast.app/about/rewards/;
“Verified User” means a User with access to the Platform as described in Section 2.8.2; and
"You" or "User" means Regular User and/or Verified User.
A “person” includes a natural person, corporate or unincorporated body.
A reference to “writing” or “written” includes email.
Unless the context otherwise requires, words in the singular include the plural and vice versa.
Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.
A reference to a law is a reference to it as it is in force for the time being, taking account of any amendment, extension, or re-enactment and includes any subordinate legislation for the time being in force made under it.
The words “include” and “including” (or similar) shall be deemed to have the words “without limitation” after them.
The words “other” and “otherwise” are not to be construed as being limited by any words preceding them.
Section and schedule headings shall not affect the interpretation of these Terms. References to “Sections” and “Schedules” are, unless otherwise provided, references to the Sections and Schedules of these Terms.
You will be required to create an Account to access the Platform, for which you will need to submit certain information and choose a username and a password.
You warrant and undertake that all information supplied during Account registration is truthful, complete and correct. If the information you have supplied is incomplete or incorrect you agree to indemnify us if we are subject to any claims, damages, expenses, costs and liabilities (including legal fees).
You are obliged to ensure all information held about you by us is up to date. You can amend your Account details at any time through the Platform.
You shall keep your Account details and password confidential. You are solely responsible and liable for any activity that occurs in connection with your Account, whether or not such use was authorised by you.
You should not let anyone else access your Account or do anything else that might compromise the security of your Account.
If you believe your Account has been compromised, you shall immediately notify us in writing and modify your Account details and password.
Following the creation of your Account, we will provide you with access to the Platform in accordance with the User status we, in our sole discretion, have designated to you.
We currently have two (2) types of User status:
Regular User – A Regular User can post social content; less than 30 seconds long and only charge fixed fee of 1 Cast.
Verified User – A Verified User is defined as rights holder, governing body or organisation that has permissions to share, stream or post content. Verified Users can post videos both shorter and longer than 30 seconds, charge more than 1 Cast per view and stream live content on their account.
We, in our sole discretion, have the right to refuse to allow you to register or subscribe to the Platform. We will have the right to carry out those checks that we, in our sole discretion, deem appropriate to confirm your suitability for registration or subscription to the Platform.
We hereby grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable licence to use the Platform in accordance with your User status and these Terms.
You hereby grant Recast an irrevocable, perpetual, royalty free, fully paid, worldwide, transferable, sub-licensable licence to host, use, modify, adapt, import, copy, make derivative works of, distribute, transmit, publicly display, sell, offer for sale and otherwise commercially exploit Content.
Except as expressly permitted in these Terms, you shall not, and shall not permit or encourage any third party (including your personnel) to:
Recast and/or its licensors own all rights, title and interest (including Intellectual Property Rights) in and to the Platform. Other than as expressly set out in these Terms, Recast does not grant you any right in respect of the Platform or any other materials. Any rights not expressly granted to you in these Terms, are hereby reserved.
Content is not available for Users to download.
We do not preview, edit, monitor or otherwise control any Content uploaded to the Platform and we cannot guarantee the accuracy, integrity or quality of Content. By using the Platform, you agree to assume this risk.
We do not accept Content that is uploaded onto the Platform by unsupervised minors nor any responsibility or liability in respect of the same. If you are a minor using the Platform, you agree that any Content that you may upload onto the Platform is done so under your parent or guardian’s express supervision. Any Content uploaded to the Platform by a minor will be deemed to be uploaded by their parent or guardian, who will remain responsible for that Content at all material times.
You accept and agree that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto. Notwithstanding the above you may report any such Content to us by emailing us at email@example.com providing details of the Content being reported and a link to it and we shall use our reasonable endeavours to review your request and take, in our sole discretion, appropriate action with respect to such Content.
We shall provide all Content in such format types as we shall 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 view Content in such formats and sizes as we provide and we do not accept any liability whatsoever, howsoever arising, for your inability to receive, access or otherwise view Content on the Platform, resulting from the incompatibility of your computer, phone, tablet or other device and/or their associated systems with the required technical specifications.
You shall be solely responsible for all Content (including without limitation comments) you upload to the Platform and for the consequences of uploading such Content.
In connection with Content that you upload to the Platform, you represent, and warrant that you own or have any necessary licences, rights (including Intellectual Property Rights), consents, and permissions to upload such Content, grant us the licence in Section 4 and for our intended use of such Content in accordance with the licence granted in Section 4.
You will not upload Content that:
If we are notified that any Content infringes the rights of any third party and/or is otherwise in breach of these Terms, we will remove such infringing Content without prior notice. We reserve the right ourselves to remove any Content we deem in our absolute discretion to be so infringing or in breach of these Terms.
The views expressed in any Content are the views of the individual authors and not those of us unless specified otherwise by us. We disclaim all liability in respect of any comments, views or remarks expressed in any Content.
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 Terms and/or in connection with any Content uploaded by you.
If you believe that any Content is made available on the Platform in such a way that constitutes copyright infringement, please contact us at firstname.lastname@example.org with the following information:
We shall use our reasonable endeavours to review your request and take, in our sole discretion, appropriate action with respect to such Content.
Casts are issued exclusively by Recast in exchange for Funds. Please note that only Recast is authorised to credit your Account with Casts.
Casts represent a claim on Recast and can only be accepted by Recast.
Content on the Platform can only be purchased with Casts and solely from Recast.
for purchasing Content on the Platform
Except as expressly provided in Sections 9.6 and 9.8, you cannot sell, purchase, lease, lend, rent, transfer, trade, distribute, sublicense, make available or use Casts for any purpose.
You can credit your Account with Casts, at any time, by depositing Funds to your Account using any payment method that we accept (such as a debit or credit card). Once your Funds have been received by us and deposited to your Account, we will automatically convert them into Casts. We are not liable for any delay due to the late arrival of Funds or for any loss that arises from any delays.
We may, at our sole discretion and in accordance with our Reward Policy, credit your Account with Casts.
You can use Casts to purchase Content on the Platform or convert Casts that are credited to your Account into Funds and withdraw such Funds.
In order to convert Casts that are credited to your Account into Funds and withdraw such Funds please email us a request at email@example.com (a “Withdrawal Request”). You can make a Withdrawal Request from April 2021 or thereafter every Quarter subject to having Casts credited to your Account in the value of at least £100. We will convert Casts credited to your Account into their equivalent value in Funds and credit the payment method associated with your Account with such Funds within thirty (30) days after the end of the Quarter during which you made a Withdrawal Request.
Here is an example:
Each party to these Terms shall at all times comply with its respective obligations under the Data Protection Laws.
You hereby represent and warrant:
This Section 12 sets out Recast’s entire financial liability (including any liability for the acts or omissions of its employees, agents and sub-contractors) to you:
Except as expressly and specifically provided in these Terms, you assume sole responsibility for your use of the Platform, your Casts, your Funds, for any Content you upload, share, link or live stream, the results of or conclusions drawn from your use of the Platform and for any information you provide us. We will have no liability for any damage caused by errors or omissions in any part of the Platform.
The Platform is provided “as is” and “as available” to the fullest extent permissible pursuant to applicable law. Recast disclaims all warranties and conditions express or implied, including, but not limited to, implied warranties of satisfactory quality and fitness for a particular purpose, in relation to the Platform, its use and the results of such use. Recast specifically disclaims any warranty:
All warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are excluded from these Terms to the fullest extent permitted by law.
Nothing in these Terms excludes the liability of Recast:
Subject to Section 12.5, Recast shall not be liable whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation (whether innocent or negligent), restitution or otherwise for any loss of profits, loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising in connection with these Terms.
Subject to Section 12.5, Recast’s total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation (whether innocent or negligent), restitution or otherwise, arising in connection with the performance or contemplated performance of these Terms shall be limited to the higher of:
We are not responsible for any third-party links, services, resources or information provided on or made available through the Platform. Accordingly, we make no warranties and accept no liability (to the fullest extent permissible by law) regarding such third-party links, services, resources or information, including without limitation, warranties of fitness for a particular purpose, merchantability or non-infringement and will not be liable for your use of or reliance on such third-party services, resources or information.
We may, at our sole discretion, without notice and without liability to you, immediately terminate or suspend your Account in the event that we reasonably considers that:
If we terminate your Account under Section 13.1, you shall not be entitled to any refunds.
You or us may terminate your Account at any time and for any reason by giving thirty (30) days' written notice to the other.
Following termination under Section 13.3, we shall issue you a refund of Funds equivalent in value to the Casts credited to your Account at the date of such termination within fourteen (14) days of the date of termination.
Termination of your Account terminates these Terms immediately. On termination of these Terms for any reason:
Your and our accrued rights and remedies will survive termination of these Terms for any reason.
Sections 1, 2.2, 4 - 8, 11 - 23 shall survive termination.
In this Section 14 Confidentiality, “Confidential Information” means any information or Intellectual Property Rights that are clearly labelled or identified as confidential or ought reasonably to be treated as being confidential. Confidential Information includes the Platform, these Terms, Content and excludes any information which:
You shall hold Confidential Information in confidence and not make Confidential Information available to any third party unless that third party has agreed to these Terms or you have been authorised in writing by Recast.
You shall take all reasonable steps to ensure that Confidential Information is not disclosed or distributed by your employees, agents or independent contractors in breach of these Terms.
This Section 14 shall survive termination of these Terms for a period of 5 years.
If a party to these Terms is prevented, hindered or delayed in or from performing any of its obligations under or in connection with these Terms by a Force Majeure Event, the affected party shall not be in breach of these Terms or otherwise liable for any such failure or delay in the performance of such obligations.
The affected party claiming the Force Majeure Event shall promptly notify the non-affected party in writing of its reasons for the delay or stoppage and its likely duration and shall take all reasonable steps to overcome the delay or stoppage.
If any Force Majeure Event occurs, the dates for performance of the affected obligations shall be postponed for so long as is made necessary by the Force Majeure Event, provided that if any Force Majeure Event continues for a period of or exceeding thirty (30) days, the non-affected party shall have the right to terminate these Terms immediately on written notice to the affected party.
The affected party shall use its reasonable endeavours to minimise the effects of any Force Majeure Event.
You will not assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under these Terms, without the prior written consent of Recast.
A waiver of any right under these Terms or by law shall only be effective if given in writing and shall not be deemed a waiver of any subsequent breach or default.
A failure or delay by a party to exercise any right or remedy provided under these Terms or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
If any provision (or part of a provision) of these Terms 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 19 shall not affect the validity and enforceability of the rest of these Terms.
These Terms do not confer any rights on any person or party (other than the parties to these Terms and (where applicable) their successors and permitted assigns) pursuant to the Contracts (Rights of Third Parties) Act 1999.
Nothing in these Terms is intended to, or shall be deemed to, establish any partnership or joint venture between the parties, constitute either party the agent of the other party, or authorise either party to make or enter into any commitments for or on behalf of the other party.
Each party confirms it is acting on its own behalf and not for the benefit of any other person.
These Terms constitute the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
These Terms apply to the exclusion of any other terms that you may seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.