Tightrope Media Systems, Inc.
CABLECAST CLOUD SERVICES LICENSE AGREEMENT
This Cablecast Cloud Services License Agreement (the “License”) governs the use of the Cablecast™ Cloud Services™ software application (“Cablecast Cloud Services”). Cablecast Cloud Services is owned, developed, and maintained by Tightrope Media Systems, Inc., a Minnesota corporation with its principal office in Minneapolis, Minnesota, U.S.A. (“Tightrope,” “we,” “our,”) and its licensors.
PLEASE READ THIS LICENSE CAREFULLY. IF YOU DO NOT AGREE WITH ITS TERMS, YOU ARE NOT AUTHORIZED TO USE THE CABLECAST CLOUD SERVICES APPLICATION.
Capitalized terms that are defined in this License, such as “Cablecast Cloud Services” or “User,” have the specific definitions given to them whenever they are used in this License.
Scope of License
Tightrope provides Cablecast Cloud Services to end users (the “User,” “you,” “your”) for use pushing video from Cablecast servers (the “Cablecast Platform”) to video streaming services such as AppleTV®, Roku® and Amazon® Fire TV (the “Streaming Services”). Cablecast Cloud Services is offered in both Basic and Branded versions. Both Cablecast Cloud Services versions require that the User have an active subscription to the Cablecast Reflect cloud-based service.
Tightrope is regularly expanding the Cablecast family of hardware and software products and the latest information can be obtained via the Cablecast website (https://www.cablecast.tv).
Tightrope distributes Cablecast Cloud Services directly and via third party distributors such as the Apple TV App Store® (the “Third Party Distributors”). This License is only between Tightrope and the User, and not the User and any Third Party Distributor, such as the Apple, Inc., the owner of the Apple TV App Store. Tightrope is solely responsible for Cablecast Cloud Services and all of its functionality and content, as applicable.
The User is responsible for complying with the terms and conditions, license agreements, or policies that Third Party Distributors may require the User to accept as a condition of downloading and using Cablecast Cloud Services and other applications provided by them. In the event this License conflicts or differs from the usage rules of the Apple Media Services Terms and Conditions, then the Apple Media Services Terms and Conditions shall control. Notwithstanding Your sole and direct responsibility to the Apple TV App Store and/or Apple, Inc. for compliance with the Apple Media Services Terms and Conditions in connection with this License, Tightrope’s provision of Cablecast Cloud Services is consistent with the Apple Media Services Terms and Conditions to the extent applicable.
Tightrope, and not its Third Party Distributors, is solely responsible for the features, functionality, quality, and all other attributes of Cablecast Cloud Services.
Acceptance of License
Use of Cablecast Cloud Services constitutes acceptance of this License. This License will continue in force and effect for as long as you use Cablecast Cloud Services unless we inform you otherwise. We reserve the right to change the License at any time in our sole business discretion. We will make reasonable efforts to notify Users of changes to the License via Cablecast Cloud Services interface.
You acknowledge and agree that we may require you to provide an electronic signature or take some other affirmative action in electronic form to indicate your acceptance of this License. You agree that such an electronic signature or action taken solely in electronic form shall have the same effect and create the same binding legal obligation as a signature made and delivered in person.
License and Use of Cablecast Cloud Services
Tightrope grants you a limited, non-transferable right to download, copy, install, and use Cablecast Cloud Services on any number of electronic devices (“Electronic Device”) for use in streaming video and other content from the Cablecast Platform to the supported Streaming Services. You may not use Cablecast Cloud Services on any Electronic Device that you do not own and control. Applications distributed by the Apple App Store or another Apple-owned site may only be used on Apple-branded Electronic Devices.
Cablecast Cloud Services is not intended for use by anyone under age 18. By downloading and using Cablecast Cloud Services, you represent and warrant that you are age 18 or older. You may not use Cablecast Cloud Services if you are barred from doing so under the laws of the United States or other country, including the country of your permanent residence or from which you use Cablecast Cloud Services.
You must accept certain usage restrictions as a condition of using Cablecast Cloud Services. These restrictions enable us to retain control over Cablecast Cloud Services and make it consistently available to all of our Users.
You may not attempt to access or use Cablecast Cloud Services in any way other than through the standard interface. You may not attempt to rent, license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make Cablecast Cloud Services available to any third party. You may not use another software program or other technology to interoperate with, extract data or content from, or scrape or frame any data or content from Cablecast Cloud Services. You may not copy, modify, or create derivative works of Cablecast Cloud Services, either on your own or through any third party. You may not attempt to produce a source listing, decompile, disassemble, or otherwise reverse engineer Cablecast Cloud Services.
You may not interfere with or disrupt the use or performance of Cablecast Cloud Services by other users. Do not attempt to gain unauthorized access to any data stored in Cablecast Cloud Services.
You may not remove or obscure any notices or markings, including without limitation, copyright, trademark, or confidentiality notices, or ownership notices appearing on Cablecast Cloud Services or any documents or materials associated with Cablecast Cloud Services.
We reserve the right to terminate your access to and use of Cablecast Cloud Services immediately and without prior notice to you if you violate the foregoing restrictions on use or otherwise violate this License.
To the extent Cablecast Cloud Services usage rules in this section conflict with a Third Party Distributor’s applicable legal terms, the Third Party Distributor’s legal terms shall govern.
Updates and Changes
Tightrope may develop and provide updates to Cablecast Cloud Services, including error corrections, updates, or new features and functionality (“Updates”). Based on your Electronic Device settings, when your Electronic Device is connected to the Internet either: (1) Cablecast Cloud Services will automatically download and install all available Updates; or (2) you may receive notice of or be prompted to download and install available Updates.
You agree to promptly download and install all Updates and acknowledge and agree that Cablecast Cloud Services may not operate properly should you fail to do so. You further agree that all Updates will be deemed part of Cablecast Cloud Services and be subject to all terms and conditions of this License.
We expect to review and evaluate the functionality of Cablecast Cloud Services periodically. We may provide Updates in our sole business discretion. Updates may add to, modify, or remove existing functionality or features of Cablecast Cloud Services. You agree that Tightrope has no obligation to provide any specific Application features or functionality, or Updates.
You acknowledge and agree that the Third Party Distributors have no obligation whatsoever to furnish any Updates, maintenance, or support services for Cablecast Cloud Services.
Your User Account and Information
You will create a user account upon your first use of Cablecast Cloud Services (a “User Account”) and will be required to designate a username and password. You are responsible for all use of Cablecast Cloud Services and the Cablecast Platform happening through your User Account. If you learn of any unauthorized use of your User Account, you should promptly contact Tightrope.
Your username and password may include personal information (the “Personal Information”). When you use this Application in conjunction with the Cablecast Platform, we may also collect and use information stored on or provided by your Electronic Device, and we may use various tracking tools to analyze your use of Cablecast Cloud Services.
By using Cablecast Cloud Services in conjunction with the Cablecast Platform, you represent and warrant that: (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.
Use of Apple Developer Accounts
You acknowledge that you may need to provide us with access to and the use of your Apple Developer Program account for purposes of maintaining and administering your Cablecast Cloud Services application for use with the Cablecast Platform. All such access and use shall be made solely on your behalf and for your benefit, and shall be subject to all applicable terms of the Apple Developer Program License Agreement. You acknowledge and agree that we may not submit a version of Cablecast Cloud Services or any other application to the Apple App Store or use the Apple TestFlight service on your behalf. You agree that this License is intended as a written agreement entered in compliance with Section 2.9 of the Apple Developer Program License Agreement.
Third Party Technology Providers
You acknowledge that Tightrope may contract with third party development, application hosting, data storage or technology infrastructure services providers for purposes of providing Cablecast Cloud Services functionality (“Technology Providers”). Tightrope will make reasonable commercial efforts to ensure that the Technology Providers abide by any applicable terms and conditions of this License. Tightrope is solely responsible for monitoring and supervising the work of the Technology Providers.
Intellectual Property Rights
Tightrope retains all ownership and intellectual property rights to Cablecast Cloud Services and the Cablecast Platform. We may use any technology, ideas, concepts, know-how, methods, and techniques related to Cablecast Cloud Services that we learn from Users unless we specifically agree otherwise.
You do not have any intellectual property rights in Cablecast Cloud Services. You may not use any content from Cablecast Cloud Services belonging to another user unless you first obtain their permission or are otherwise permitted to do so by law.
You acknowledge and agree that, in the event of any claim that your possession or use of Application infringes a third party’s intellectual property rights, Tightrope, and not a Third Party Distributor, shall be solely responsible for the investigation, defense, settlement and discharge of any such claim to the extent required by this License.
Content Rights and Disclaimers
You represent, warrant, and covenant that you own or otherwise have the necessary rights and consents in and to all content that you, or anyone on your behalf may, broadcast, stream, or display using Cablecast Cloud Services, whether through a Third Party Distributor or otherwise. All content broadcast, streamed, or displayed using Cablecast Cloud Services is the sole responsibility of the User, including the accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. We may review User content in our discretion and remove or refuse to display it if we believe that doing so violates the law or any Third Party Distributor legal terms. Be aware: we do not actively review or monitor the content broadcast, streamed, or displayed by users, so your use of Cablecast Cloud Services is at your own risk.
Tightrope does not assume and will not have any liability or responsibility to you or any other person or entity for any content displayed via Cablecast Cloud Services.
Term and Termination
This License commences when you install Cablecast Cloud Services and will continue in effect until terminated by you or Tightrope.
You may terminate this License by deleting Cablecast Cloud Services. Tightrope may terminate this License at any time without notice in its sole discretion. In addition, this License will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this License.
Upon termination, (1) all rights granted to you under this License will terminate; and (2) you must cease using and delete all copies of Cablecast Cloud Services from your Electronic Device.
Termination will not limit any of Tightrope's rights or remedies at law or in equity.
Feedback and Submissions
If you submit comments, ideas, or feedback to us, you agree that we can use them without any restriction or compensation to you. We do not waive any rights to use similar or related ideas or feedback previously known to us, developed by Tightrope, or obtained from sources other than you.
The terms Tightrope, Cablecast, and Cablecast Cloud Services are trademarks of Tightrope. Apple, Apple TV, the App Store, Roku, and Amazon, and Fire TV are trademarks or servicemarks of their respective owners. You may not use any of these trademarks or servicemarks without the prior consent or written permission of Tightrope or the respective owners of the trademarks and servicemarks, as applicable. All other names, logos, product and service names, designs and slogans used on or appearing in this License or Cablecast Cloud Services interface are the trademarks of their respective owners.
If you are a copyright owner and believe your copyrighted material has been used on or displayed by Cablecast Cloud Services in a manner that constitutes copyright infringement, please report the violation to us by sending written and email notices to the attention of the Tightrope Copyright Officer using the contact information provided at the end of this License.
Please include the following information in your notice to us: (1) a detailed description of the allegedly infringed copyrighted material, (2) a description of the location of such material on Cablecast Cloud Services, (3) your contact information, including address, phone number, and email address, if any, (4) your statement that you have a good faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent or the law, (5) your statement, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the copyright owner's behalf, and (6) an electronic or physical signature of the copyright owner or someone authorized on the owner's behalf to assert copyright infringement and to submit the statement.
Warranties and Disclaimers
You understand and agree that this License creates a legally binding contract governing your use of Cablecast Cloud Services. You warrant that your use of Cablecast Cloud Services will comply with all of your obligations to third parties and all applicable laws, rules, and regulations of all federal and state legal jurisdictions and governmental agencies.
YOUR USE OF CABLECAST CLOUD SERVICES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH SUCH APPLICATION ARE AT YOUR OWN RISK. WE PROVIDE CABLECAST CLOUD SERVICES TO OUR USERS “AS IS” AND “AS AVAILABLE.” TIGHTROPE AND THE THIRD PARTY DISTRIBUTORS MAKE NO WARRANTIES AS TO THE FEATURES, FUNCTIONALITY, QUALITY, OR ANY OTHER ATTRIBUTES OF CABLECAST CLOUD SERVICES. TIGHTROPE AND THE THIRD PARTY DISTRIBUTORS DISCLAIM ALL IMPLIED WARRANTIES OR CONDITIONS CONCERNING THE PERFORMANCE, OPERATION, SECURITY, RELIABILITY, ACCURACY, AVAILABILITY OR QUALITY OF CABLECAST CLOUD SERVICES, INCLUDING ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
TO THE FULLEST EXTENT ALLOWED BY LAW, TIGHTROPE AND ITS AFFILIATES, LICENSORS, EMPLOYEES, OFFICERS, AND DIRECTORS WILL HAVE NO FINANCIAL LIABILITY TO USERS FOR ANY AND ALL CLAIMS RELATING TO THE USE OF CABLECAST CLOUD SERVICES PURSUANT TO THIS LICENSE.
TO THE FULLEST EXTENT ALLOWED BY LAW, TIGHTROPE AND ITS AFFILIATES, LICENSORS, EMPLOYEES, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE TO ANY USER OR THIRD PARTY FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF ANY USE OF CABLECAST CLOUD SERVICES, INCLUDING LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE.
IN ALL CASES, TIGHTROPE, ITS TECHNOLOGY PROVIDERS, AND ITS LICENSORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
TIGHTROPE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR HARMFUL TECHNOLOGY OR MATERIAL THAT MAY INFECT OR CORRUPT YOUR PERSONAL INFORMATION, MOBILE PHONE OR OTHER ELECTRONIC DEVICE, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF CABLECAST CLOUD SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH CABLECAST CLOUD SERVICES.
You agree to defend, indemnify and hold harmless Tightrope, and its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns, from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees, including reasonable legal fees, arising out of or relating to your violation of this License, your use of Cablecast Cloud Services, and your use of any other content, materials, or services other than as expressly authorized in this License.
You acknowledge that any and all claims concerning the features, functionality, or other matters relating to the use of Cablecast Cloud Services must be addressed to Tightrope and not the Third Party Distributors, including, but not limited to, (1) products liability claims, (2) claims that Cablecast Cloud Services does not meet any applicable regulatory or legal requirements, and (3) consumer protection, privacy, or similar legal claims.
The Third Party Distributors and their subsidiaries are third-party beneficiaries of this License. Upon acceptance of this License by the User, Third Party Distributors will have the right, and will be deemed to have accepted such right, to enforce this License against the User as a third-party beneficiary.
All notices you provide to us concerning this License must be delivered in person or electronically by a means evidenced by a delivery receipt to the attention of the Tightrope Chief Executive Officer at the street or email addresses provided at the end of this License.
This License is governed by the laws of the State of Minnesota and applicable U.S. federal law and international laws. All legal actions to enforce or interpret this License shall be commenced exclusively in the state or federal courts located in Hennepin County, Minnesota. TO THE FULLEST EXTENT ALLOWED BY LAW, you hereby consent to the exclusive jurisdiction and venue of these Minnesota courts.
You may not assign or otherwise transfer your rights under this License without our prior written consent, which consent may be withheld for any reason in our sole discretion. We may freely assign our rights and obligations under this License to any third party as we determine in our sole business discretion.
This License shall be binding upon, and inure to the benefit of, the parties and their permitted respective successors and assigns.
Any failure by Tightrope to exercise its rights under this License will not create a continuing or general waiver of such rights. If any provision of this License is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired thereby, and will be interpreted, to the extent possible, to achieve the purposes as originally expressed in the invalid, illegal or unenforceable provision.
This License states our entire agreement with you concerning the downloading, installation, access, and use of Cablecast Cloud Services.
We encourage you to contact us if you have questions, comments or concerns about the terms and conditions of this License. All such communications or notices provided pursuant to this License must be sent to:
Tightrope Media Systems, Inc.
400 S 4th St
Suite 410, # 92452
Minneapolis, MN 55415-1419
Copyright © 2021 by Tightrope Media Systems, Inc. All rights reserved.
Last revised: November 1, 2021.