Terms of Service
All persons and entities registering or using the 1CapApp platform agree to the Terms of Service (Agreement). Any person or registrant or authorized person by registrant using your account who violates any terms of this Agreement, your account with 1CapApp is subject to immediate termination without notice.
In cases where you have authorized or registered other individuals, to use your account, you recognize and agree that you are fully responsible for all their actions. You are also responsible to ensure the individuals you have authorized to use your account comply with all the terms of this Agreement. There are no exceptions.
You agree that you will not transmit any Content to the Website that violates the copyright laws of the United States or any other jurisdiction, or unlawfully interferes with or infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any other person or entity or that contains libelous or indecent matter. You may not use any trademark or service mark appearing on the Website without the prior written consent of the owner of the mark.
All persons and entities registering or using the 1CapApp platform are responsible for the accuracy and content of information being streamed as well as the conduct of all persons or entities that may be using your account. 1CapApp shall not be responsible for any actions or streaming text content associated with your account. As a matter of policy, 1CapApp does not pre-screen or monitor all content, but 1CapApp shall have the right, but not the responsibility, to remove content which is deemed in the sole discretion of 1CapApp harmful, offensive, or otherwise in violation of the terms of this Agreement.
Content also includes posts you or your staff post to Twitter which are delivered to a third-party by way of real time streaming text and are subject to the disclaimer of real time text. The content you submit, post, or display will be able to be viewed by others using Twitter and through third-party services and websites. You should only provide Content that you are comfortable sharing with others or have permission to share from a third-party client.
1CapApp will not monitor activities streamed through 1CapApp as long as the registered owner of the account, or other persons or entities using the account, are in compliance with the terms of this Agreement.
To protect the rights or property of 1CapApp and the rights or property of those persons and entities registering or using the 1CapApp platform, 1CapApp will not disclose the Contents of the users' communications, unless required by law or to comply with legal process served upon 1CapApp; to protect and defend the rights or property of 1CapApp; to fulfill the terms of this Agreement; or, to protect the personal safety of 1CapApp users. Unless otherwise stated herein, 1CapApp will limit the collection and use of subscriber information to the minimum amount required to provide its services. 1CapApp does not have access to your client information and does not collect your client's personal information, your client's set-up information, passwords or usernames.
Disclaimer of Warranties
You expressly agree that the use of the services provided by 1CapApp is at your own risk. 1CapApp and its affiliates are not responsible for any Content found on the Website or broadcast using the service of 1CapApp. Further 1CapApp and its affiliates expressly disclaim all warranties of every kind, both express and implied.
By registering or using the 1CapApp platform and/or its subsidiaries, you are assuming all risks and responsibilities that the streaming service will meet all of your requirements. 1CapApp does not guarantee that the streaming service will not be uninterrupted, accurate, secure or free of errors. There are times when using internet services, unforeseen events may occur.
You understand and agree that any Content downloaded, created or otherwise obtained through the use of the 1CapApp Website is done at your own discretion and risk. 1CapApp disclaims any responsibility for any damages to your computer system or loss of data that may result in the download of such Content. You understand and agree to abide by all copyright laws and all regulations that protect any copyrighted material that you download or otherwise obtain through the use of the Website. Further, you acknowledge that downloading and/or using copyrighted material in an illegal manner could result in lawsuits, damages, or other sanctions against you.
Limitation of Liability
You agree that 1CapApp and all affiliates shall not be liable for any damages arising out of the use of the 1CapApp service, including any damages from viruses alleged to have been obtained from the website service and including any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use the Website, or for the cost of procurement of substitute goods and services, or resulting from any goods or services purchased or obtained or messages received or transactions entered into through the Website, or resulting from unauthorized access to data or other intangible properties, even if 1CapApp and all affiliates have been advised of the possibility of such damages, and you hereby release and discharge 1CapApp from all claims for such damages. You further agree to indemnify and hold 1CapApp, and/or its subsidiaries, harmless from any liabilities or damages by third parties arising from your use of the Website.
Relationship of Parties
1CapApp is a vendor of services only and does not undertake by the sale or its services or otherwise to perform any regulatory or contractual obligation of the user nor establish any relationship between 1CapApp and the user other than vendor/vendee.
You have the ability to purchase Pro Pack minutes at any time from the administrative login. Minutes are purchased ahead of time and you can pay through PayPal or with a credit card. If your account has no minutes left and falls in arrears, 1CapApp will send an email reminder to your email account to purchase a Pro Pak and bring your account back in good standing. If you fail to do so within 48 hours of your first notice, a second email reminder is sent warning you that your account will be turned off within 7 days from the second notice. Once you purchase a Pro Pak, your account is re-activated automatically.
Termination of Account
1CapApp or its affiliates may terminate your account at any time for any reason and without notice; or, the registrant may terminate the account at any time for any reason.
If registrant terminates account with unused time in registrant's account, registrant must notify contact@1CapApp.com of their desire for such refund. A 15% processing fee will apply and a refund will be scheduled within 15 days. If 1CapApp or its affiliates terminates registrant's account, a refund will be scheduled within 15 days.
Notice: 1CapApp has the right to review and make changes to the Terms of Service agreement at any time. The registrant has a responsibility to review the Terms of Service agreement periodically.