THESE TERMS CONTAIN VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
MediaPay services are provided by FreeCast, Inc. (“FreeCast”). MediaPay services are collectively referred to as the “Services.” The terms “we,” “us,” “our,” “FreeCast” and “MediaPay,” as the context may require, refer to FreeCast or our affiliates. The term “you” refers to the customer visiting or otherwise using the Services.
The Services provide you with an integrated experience through which you can browse, register and pay for different streaming media services through our FreeCast and MediaPay platforms. Our Services include:
By accessing or using the Services, you agree to be bound by these Terms and our Privacy Policy located at https://www.mediapay.tv/terms/ which together are referred to as the “Agreement.” Please read the Agreement carefully. If you do not accept and agree to the Agreement, please do not use the Services. We may at any time change these Terms. Your continued use of the Services after the “Last Updated Date” will constitute your acceptance of and agreement to such changes.
1. DISCLAIMER
We are not responsible for any failures caused by server errors, failed internet connections, any computer or other technical defect, whether human or technical in nature. No guarantees are made regarding the availability of Services.
The information provided through the Services may include inaccuracies or errors, including pricing errors. We do not guarantee the accuracy of, and disclaim all liability for any errors or other inaccuracies relating to the information and description of the services as displayed on the Services. We reserve the right to cancel, to terminate or not to process subscriptions (including standing subscriptions) where the price or other material information on the Services is inaccurate.
WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ALL ERRORS CAN OR WILL BE CORRECTED; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. EXCEPT AS SPECIFICALLY PROVIDED IN THESE TERMS, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES, REPRESENTATIONS AND CONDITIONS, WHETHER WRITTEN OR ORAL, INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, NON- INFRINGEMENT, SECURITY, RELIABILITY, ACCURACY, QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE OR USE. WITHOUT LIMITING THE GENERALITY OF ANY OF THE FOREGOING, WE EXPRESSLY DISCLAIM ANY REPRESENTATION, CONDITION OR WARRANTY THAT ANY DATA OR INFORMATION PROVIDED TO YOU IN CONNECTION WITH YOUR USE OF THE SERVICES OR THE MEDIUM IS ACCURATE, OR CAN OR SHOULD BE RELIED UPON BY YOU FOR ANY PURPOSE WHATSOEVER.
THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
2.0 USE OF OUR SERVICES
2.1 As a condition of your use of our Services, you represent and warrant that:
2.2 You will not yourself or permit others to:
I. use or access the Services:
II. use the Services to create, collect, transmit, store, use or process any:
III. reverse engineer or modify the Services;
IV. remove or obscure any proprietary notices or labels on the Services, including copyright or trademark notices;
V. access or use the Services for the purpose of building a similar or competitive product or service; or
VI. perform any vulnerability, penetration or similar testing of the Services.
2.3 Use of emails and messaging features as a part of the Services.
You agree that we and those acting on our behalf may send you emails or text (SMS) messages at the phone number you provide us. Standard data and message rates may apply whenever you send or receive such messages, as specified by your carrier. These messages may include operational messages about your use of the Services, as well as marketing messages. You may opt-out of receiving marketing text messages at any time by texting “STOP” from the mobile device receiving the messages. You may continue to receive text messages for a short period while we process your request. You may also receive text messages confirming the receipt of your opt-out request and any operational text messages about your booking. Opting out of receiving operational text messages may impact the functionality that the Services provides to you, and you will no longer be able to use the Services via your phone’s SMS or text messaging application. Your agreement to receive marketing text messages is not a condition of any purchase or use of the Services.
3. MEMBERSHIP
The Services are only available to users with a unique identifier (e.g., email, SMS phone number etc.) who can authenticate via a secure login. Your identifier is used to create a member profile - along with a unique membership ID - within our system.
You agree not to share your membership ID or password, or any other means of accessing your membership with anyone at any time. Subscription Services are exclusively available to you based on your membership ID - and cannot be shared. You are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality and all activities that occur using your account.
4. SUPPLIER RULES AND RESTRICTIONS
MediaPay Services works with several streaming media suppliers. When a MediaPay subscription is entered through the Services with a media supplier, the terms and conditions of that particular streaming media supplier will also apply to your MediaPay subscription.
If you breach any part of the streaming media suppliers’ terms and conditions, we have the right to cancel your MediaPay account and to make changes accordingly. You will be responsible for all applicable fees that arise from making such changes.
You acknowledge that some streaming media suppliers may require you to agree to and sign their additional terms and conditions (including a liability waiver) prior to your use of the services they offer. You understand that any violation of any such streaming media supplier’s additional terms and conditions may result in cancellation of your account, and we may deny you access to our Services.
5.0 RELOAD CARDS\ACCOUNTS
Our Services includes your use of a MediaPay card to pay for your subscriptions with your streaming media suppliers. We offer the MediaPay Service as a secure means to enable its customers to purchase subscription media services without disclosing their personal cards or accounts to the streaming media suppliers. MediaPay cards are then used by the streaming media suppliers to charge for the consumers’ services. As part of the registration process customers provide their credit and or debit card (“Cards”) or checking account access to reimburse us for the streaming media suppliers’ services charged to MediaPay cards.
5.1 Card and Checking Account Information
You confirm that the personal Card and or account information provided to MediaPay are your accounts and you are authorized to use these accounts for the purpose of MediaPay Services. MediaPay through its service providers will initiate a transaction to enable MediaPay to reimburse the corporate card account for MediaPay services by using the Card or account information you provided.
5.2 Restricted use of MediaPay cards
You agree to use the MediaPay card to purchase services through the FreeCast subscription platform to access media services with your streaming media suppliers, and if and when available, for video on demand purchases outside of the FreeCast platform. You agree to not provide the MediaPay card information to any merchant or service that is not within FreeCast’s approved suite of applicable media services. Attempts to use the MediaPay card for a purpose other than to pay for subscriptions with streaming media suppliers through the FreeCast and MediaPay portals, of for video on demand purchases outside of the FreeCast platform—if and when available, may cause you to lose access to MediaPay and FreeCast services. You agree to reimburse us for any costs that are incurred by us for transactions made for a purpose other than these approved uses stated herein. These include but are not limited to chargeback and chargeback related costs.
5.3 Declined transactions
In the event that your Cards or the accounts that you provided to reimburse us do not receive an approval from the bank or card issuer, we may terminate your access to our Services. We may attempt multiple times to obtain approvals. In the event that we are unsuccessful in obtaining approvals, you agree to reimburse us for any losses.
5.4 Managing Subscription Price Adjustments
You agree to make any necessary updates to the costs of your individual subscription services with your streaming providers to your MediaPay account when the cost is increased or decreased by each applicable streaming media suppliers that implements a price change before the next billing period the change takes effect to ensure the amount charged to the Card or account you provided is accurate. In the event that these amounts are not properly updated by you, you agree that we are not liable for any interruption in service of your streaming media supplier subscriptions and that we are not responsible for any additional costs incurred to reactivate your cancelled subscription service.
6. PRICES
The price for your streaming media suppliers’ subscription services will be as presented on our MediaPay pages, except in cases of obvious error. Prices are subject to change at any time.
Despite our best efforts, some of the media services listed on the Services may be inaccurately priced. We reserve the right to correct any pricing errors on the Services, and in such event, we may (if available and at our sole discretion) offer you the opportunity to keep your pending subscription at the correct price. We also reserve the right to cancel, to terminate or not to process subscriptions (including accepted subscriptions) where the price or other material information on the Services is inaccurate. We are under no obligation to fulfill orders placed at an incorrect (lower) price, even after you have been sent confirmation of your order.
The price quoted on the Services may include, where applicable, fees, tax recovery charges, taxes on our Services. Except with respect to tax obligations on the amounts we retain for our services, we do not collect taxes for remittance to applicable taxing authorities. In addition, your statement may include a transaction fee charged by your card issuer to process the transaction.
We are not associated with these additional fees and are not liable for any fees relating to the transaction.
7. CHANGES OR CANCELLATIONS
You may cancel any applicable streaming media supplier subscription by using our online Services. If the policy is non-refundable, that means the subscription is final sale and will not result in a refund if cancelled.
We are not responsible for the acts or omissions of any media supplier. If a streaming media supplier is unable to honor your subscription, we will not be liable for any costs incurred.
8. CURRENCY CONVERTER
Currency rates are based on various publicly available sources and should be used as guidelines only. When paying in a different currency, the conversion rate is determined by your credit card issuing bank who can only provide you with an estimate. In addition, your statement may include a conversion or transaction fee (which may be in a foreign currency) charged by your card issuer to process the transaction. We are not associated with these additional fees and will not be held liable for any fees relating to varying exchange rates or card issuer fees.
9. GOVERNING LAW
Subject to applicable law, these Terms and any dispute arising from these Terms or in connection with our Services will be governed by and construed in accordance with the laws of the State of Florida, without regard to conflicts of law principles.
10. INDEMNIFICATION
You agree to indemnify and hold harmless FreeCast and its affiliates and its and their respective officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature brought by third parties directly or indirectly arising from or in connection with: (i) your breach of these Terms; (ii) your violation of any law or the rights of a third party; or (iii) your use of the Services.
11. LIMITATION OF LIABILITY
The content, pricing information and services provided through the Services may include inaccuracies or errors. We do not guarantee the accuracy of any information presented to you. All information regarding streaming services provided to you are intended as only general guidelines.
The Services may provide hyperlinks to websites operated by parties other than us. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from the Services or other websites) are free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY: (I) SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES; (II) LOST OR LOSS OF (i) SAVINGS, (ii) PROFIT, (iii) DATA, (iv) USE, OR (v) GOODWILL; (III) BUSINESS INTERRUPTION; (IV) COSTS FOR RELOCATIONS; (V) PERSONAL INJURY OR DEATH; OR (VI) PERSONAL OR PROPERTY DAMAGE ARISING OUT OF OR IN ANY WAY CONNECTED TO THIS AGREEMENT, REGARDLESS OF CAUSE OF ACTION OR THE THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR GROSS NEGLIGENCE), OR OTHERWISE, AND EVEN IF NOTIFIED IN ADVANCE OF THE POSSIBILITIES OF SUCH DAMAGES.
The streaming media suppliers providing streaming services are independent contractors; they are not agents or employees of us. We are not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any streaming media suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting use of the streaming media suppliers’ services. We have no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond our direct control, and we have no responsibility for any additional expenses, omissions, delays or acts of any government or authority.
THE LAWS OF CERTAIN JURISDICTIONS LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE SERVICES.
12. TERMINATION & UPDATES
We reserve the right to discontinue your account and the Services if you act fraudulently or use the Services or our Services in a way that does not comply with these Terms or any applicable laws. If we discontinue your membership, you may lose your accumulated credits. Our decision on all questions or disputes are final.
13. CHANGES TO TERMS AND CONDITIONS
We may change these Terms at any time, with or without notice, including the terms for the Program, MediaPay qualification requirements and associated benefits, currency conversion and the rates accessible to members. The most current version will always be available on our website. If you do not agree with these Terms, you must stop using our Services.
14. COPYRIGHT AND TRADEMARK NOTICES
All contents of the FreeCast.com website and the Services are copyrighted, all rights reserved.
FreeCast and MediaPay logos are trademarks of FreeCast in the U.S. and other countries. Other logos and product and company names referenced in the Services are the trademarks of their respective owners.
15. ENTIRE AGREEMENT AND SEVERABILITY
The provisions of these Terms are intended to be severable. If for any reason any provision of these Terms is held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.
These Terms and the Privacy Policy constitute the entire agreement between you and us regarding the use of the Services. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect.
16.0 ARBITRATION AGREEMENT
16.1 This Arbitration Agreement facilitates the prompt and efficient resolution of any disputes that may arise between you and us. Arbitration is a form of private dispute resolution in which parties to a contract agree to submit their disputes and potential disputes to a neutral third person (called an arbitrator) for a binding decision, instead of having such dispute(s) decided in a lawsuit by a judge or jury.
Please read this Arbitration Agreement carefully. It provides that all disputes between you and us shall be resolved by binding arbitration. Arbitration replaces the right to go to court. In the absence of this arbitration agreement, you may otherwise have a right or opportunity to bring claims in a court of law, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Entering into this Arbitration Agreement constitutes a waiver of your right to litigate claims in court and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this Arbitration Agreement and can award the same damages and relief as a court (including attorney’s fees).
For the purpose of this Arbitration Agreement, "us" means FreeCast and its parents, subsidiaries, and affiliated companies, and each of their respective officers, directors, employees, and agents. The term "Dispute" means any dispute, claim, or controversy between you and us arising out of or in any way related to your relationship with us, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, gross negligence or reckless behavior), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Arbitration Agreement (with the exception of the enforceability of the Class Action Waiver clause below). "Dispute" is to be given the broadest possible meaning that will be enforced.
THE PARTIES AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS ARBITRATION AGREEMENT. THE PARTIES AGREE THAT BY ENTERING INTO THESE TERMS, EACH PARTY IS WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. THE PARTIES AGREE THIS AGREEMENT IS SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT (“FAA”).
Nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (b) seek injunctive relief in a court of law in aid of arbitration; or (c) to file suit in a court of law to address an intellectual property infringement claim.
16.2 Pre-Arbitration Dispute Resolution
Before initiating any Dispute, you must first give us an opportunity to resolve the Dispute by emailing written notification to support@freecastsupport.com. That written notification must include (1) your name, (2) your address, (3) a description of the Dispute, and (4) a description of the specific relief you seek. If after a good faith effort to negotiate one of us feels the dispute has not and cannot be resolved informally, the party intending to pursue arbitration agrees to notify the other party via email prior to initiating the arbitration.
16.3 Arbitration Procedures
If the Dispute is not resolved as provided above in the Pre-Arbitration Claim Resolution section, either you or we may initiate arbitration proceedings. The American Arbitration Association ("AAA"), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator under the applicable consumer rules.
The arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a class arbitration. All issues shall be for the arbitrator to decide, including the scope and enforceability of this Arbitration Agreement. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. In the event that this Arbitration Agreement conflicts with the applicable arbitration rules, this Arbitration Agreement shall govern. Under no circumstances will class action procedures or rules apply to the arbitration. Because your contract with us, the Terms of Use, and this Arbitration Agreement concern interstate commerce, the FAA governs the arbitrability of all Disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing.
16.4 Arbitration Award
The arbitrator may award any relief that would be available pursuant to applicable law. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. Such award by the arbitrator will be final and binding on the parties, except as provided by applicable law, including but not limited to the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
16.5 Severability
If any clause within this Arbitration Agreement, other than the Class Action Waiver clause above, is found to be illegal or unenforceable, that clause will be severed from this Arbitration Agreement, and the remainder of this Arbitration Agreement will be given full force and effect.
16.6 Continuation
This Arbitration Agreement shall survive the termination of your contract with us and your use of the FreeCast website and products and MediaPay Services.
16.7 OPT-OUT
If you do not wish to resolve Disputes by binding arbitration, you may opt out of the provisions of this Section 16.0 within 30 days after the date that you agree to these Terms by emailing us at support@freecastsupport.com. In order to be effective, the email must specify: your full legal name, the email address associated with your account on the MediaPay Service, and a statement that you wish to opt out of arbitration (“Opt-Out Notice”). Once we receive your Opt-Out Notice, this Section 16.0 will be void and you are agreeing that any Dispute arising out of these Terms will be resolved in a court of law. The remaining provisions of these Terms will not be affected by your Opt-Out Notice.
16.8 MODIFICATIONS
If we makes any future change to this arbitration provision, other than a change to our address for Notice of Arbitration, you may reject the change by sending us written notice within 30 days of the change to our address for Notice of Arbitration, in which case your account with us will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
Last updated February 18, 2022.
