These are our terms, rules, and regulations for the use of GameKast.Live Website,
located at GameKast.Live and GKlive.tv
Media Release Language:
I understand that the event(s) may be streamed, videotaped, or otherwise recorded and I agree the GameKast may use my name and likeness (in any form without regard to distortions of character, form, or color, or any other alteration) in videotapes, audiotapes, and other media, without any additional consideration to me or to any third party. I hereby grant to GameKastLive the absolute and irrevocable right and unrestricted permission to use my name, likeness, image, voice, and/or appearance as such may be embodied in any photo, video recordings, digital images, for baseball/softball, and the like, taken or made on behalf of GameKastLive or its affiliates, at an event or any future events with all advertising rights reserved by GameKastLive.
By using or accessing the GameKast System (the “GameKast System”) which specifically includes
all equipment supplied or used by GameKast in the set-up, recording, and transmission of digital
content (collectively, the “GameKast Box”), all software supplied or used in the set-up, recording,
storage, management, and transmission of such content (the “GameKast Software”) and all services
provided or used in connection with the use of the Game Kast Box and the Game Kast Software
(collectively, the “Game Kast Services” and its employees, agents, and contractors who have access
to the Game Kast System through the User, agrees to the following terms and conditions. DO NOT
access or use the Game Kast System if you do not agree with such terms and conditions.
1. Restricted License. Game Kast grants to the User a non-transferable, nonexclusive limited license
to access and use the Game Kast System at the Designated Site, for the limited Purpose or Event,
and for the limited Time Period, all as set forth below; and not for any other site, purpose, event or
time period, without exception. User shall not (i) cause or permit copying of any design feature or
component of the Game Kast System, (ii) reverse engineer, decompile, translate, disassemble, or
discover the technical architecture, design, or source code of all or any portion of the Game Kast.
The system, or (iii) distribute, disclose, market, rent, lease or transfer to any third party any of the Game Kast System or the documentation related to the design or use of the Game Kast System.
2. Game Kast Ownership. All right, title and interest in and to all software, equipment, components,
materials and information supplied by Game Kast is and shall remain the exclusive property of
Game Kast and all content created by and through the Game Kast System, including recordings of
events and any other form of digital asset creation or transmission shall be the exclusive property of
Game Kast, a division of WalkOff Baseball LLC, a Florida limited liability company.
3. “AS IS” Prototype. Game Kast gives and makes no warranty of any kind, express or implied, and
the Game Kast System is accessed, used, and supplied “as is”, in its current form of a prototype.
4. Confidential Information. The Game Kast System contains intellectual property, including without
limitation, copyrighted materials in the form of software, design schematics, templates, and
information and materials that are unpublished and contain proprietary and confidential information
of Game Kast and its suppliers and is considered by Game Kast to constitute valuable trade secrets.
User will hold all such information and materials in strict confidence and shall protect it with at least
the same degree of care with which the User protects its own confidential information and will only
use it within the expressly agreed-upon terms and limitations set forth herein below
5. Payment. The user will pay to Game Kast the dollar amount set forth below for access to and use
of the Game Kast System as authorized herein.
By accessing this website we assume you accept these terms and conditions. Do not continue to
use GameKast.Live if you do not agree to take all of the terms and conditions stated on this
page. The following terminology applies to these Terms and Conditions, Privacy Statement and
Disclaimer Notice and all Agreements: “Client”, “You” and “Your” refers to you, the person log on this
website and compliant with the Company & terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and
ourselves. All terms refer to the offer, acceptance, and consideration of payment necessary to
undertake the process of our assistance to the Client in the most appropriate manner for the express
purpose of meeting the Client's needs in respect of the provision of the Company's stated services, in accordance with and subject to, prevailing law of Netherlands. Any use of the above terminology or other words in the singular, plural, capitalization, and/or he/she or they, are taken as interchangeable and therefore as referring to same.
It is understood that you are permitted to broadcast and stream as long as you have an active
account page on GameKast.live. All violations of terms will result in an immediate termination of
permission to use our site. Unless otherwise stated, GameKast.Live and/or its licensors own the
intellectual property rights for all material on GameKast.Live. All intellectual property rights are
reserved. You may access this from GameKast.Live for your own personal use subjected to
restrictions set in these terms and conditions. You must not without expressed written permission:
Republish material from GameKast.Live
Sell, rent or sub-license material from GameKast.Live
Reproduce, duplicate or copy material from GameKast.Live
Redistribute content from GameKast.Live
This Agreement shall begin on the date hereof. Parts of this website offer an opportunity for users to
post and exchange opinions and information in certain areas of the website. GameKast.Live does
not filter, edit, publish or review Comments prior to their presence on the website. Comments do not
reflect the views and opinions of GameKast.Live,its agents and/or affiliates. Comments reflect the
views and opinions of the person who posts their views and opinions. To the extent permitted by
applicable laws, GameKast.Live shall not be liable for the Comments or for any liability, damages or
expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of
the Comments on this website.GameKast.Live reserves the right to monitor all Comments and to
remove any Comments which can be considered inappropriate, offensive or causes a breach of
these Terms and Conditions.You warrant and represent that:
You are entitled to post the Comments on our website and have all necessary licenses and
consents to do so;
Comments do not invade any intellectual property rights, including without limitation
copyright, patent or trademark of any third party;
The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise
unlawful material which is an invasion of privacy
The Comments will not be used to solicit or promote business or custom or present commercial
activities or unlawful activity.
You hereby grant GameKast.Live a non-exclusive license to use, reproduce, edit and authorize
others to use, reproduce and edit any of your Comments in any and all forms, formats or media.
Hyperlinking to our Content
The following organizations may link to our Website without prior written approval:
Online directory distributors may link to our Website in the same manner as they hyperlink to the
Websites of other listed businesses; and
Systemwide Accredited Businesses except soliciting non-profit organizations, charity shopping
malls, and charity fundraising groups which may not hyperlink to our Website.
These organizations may link to our home page, to publications or to other Website information so
long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement
or approval of the linking party and its products and/or services; and (c) fits within the context of the
linking party's site.We may consider and approve other link requests from the following types of
commonly-known consumer and/or business information sources;
dot.com community sites;
associations or other groups representing charities;
online directory distributors;
accounting, law, and consulting firms; and
educational institutions and trade associations.
We will approve link requests from these organizations if we decide that: (a) the link would not make
us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have
any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the
absence of GameKast.Live; and (d) the link is in the context of general resource information. These
organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does
not falsely imply sponsorship, endorsement or approval of the linking party and its products or
services; and (c) fits within the context of the linking party's site.If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an email to GameKast.Live. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response. Approved organizations may hyperlink to our Website as follows:
By use of our corporate name; or
By use of the uniform resource locator being linked to; or
By use of any other description of our Website being linked to that makes sense within the
context and format of content on the linking party's site.
No use of GameKast.Live logo or other artwork will be allowed for linking absent a trademark license
Without prior approval and written permission, you may not create frames around our Webpages
that alter in any way the visual presentation or appearance of our Website.
We shall not be held responsible for any content that appears on GameKast.Live. You agree to
protect and defend us against all claims that are rising on GameKast.Live. No link(s) should appear on
any Website that may be interpreted as libelous, obscene, or criminal, or which infringes, otherwise
violates, or advocates the infringement or other violation of, any third party rights.
Reservation of Rights
We reserve the right to request that you remove all links or any particular link to our Website. You
approve to immediately remove all links to our Website upon request. We also reserve the right to
amend these terms and conditions and it & linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.
Removal of Links from Our Website
If you find any link on our Website that is offensive for any reason, you are free to contact and inform
us at any moment. We will consider requests to remove links but we are not obligated to or so or to
respond to you directly. We do not ensure that the information on this website is correct, we do not
warrant its completeness or accuracy; nor do we promise to ensure that the website remains
available or that the material on the website is kept up to date.
To the maximum extent permitted by applicable law, we exclude all representations, warranties and
conditions relating to our website and the use of this website. Nothing in this disclaimer will:
limit or exclude our or your liability for death or personal injury;
limit or exclude our or your liability for fraud or fraudulent misrepresentation;
limit any of our or your liabilities in any way that is not permitted under applicable law; or
exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are
subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer,
including liabilities arising in the contract.
You understand in using our sites that we are using the latest technology in-stream platforms and from time to time there will be technical issues and outages that are unavoidable. We intend to provide you the best highest quality stream and video possible. We are willing to give you a credit for any technical issues for future streams and we do not issue refunds. It is understood that you are permitted to view our stream and replays as long as you have an active account page on GameKast.live. All violations of terms will result in an immediate termination of permission to use our site. Unless otherwise stated, GameKast.Live and/or its licensors own the intellectual property rights for all material on GameKast.Live. All intellectual property rights are reserved. You may access this from GameKast.Live for your own personal use subjected to restrictions set in these terms.