E-castig.Com Website Online Standard Terms and Conditions

PLEASE READ VERY CAREFULLY THESE TERMS AND CONDITIONS AND THE FAQ BEFORE REGISTERING FOR THE Ecastig LLC E-castig.Com Website ONLINE PROGRAM. PARTICIPATION IN THE Ecastig LLC E-castig.Com Website  PROGRAM INDICATES THAT YOU ACCEPT THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, PLEASE DO NOT REGISTER FOR OR PARTICIPATE IN THE Ecastig LLC E-castig.Com Website  ONLINE PROGRAM.


1. Your relationship with Ecastig LLC

1.1 Your use of Ecastig LLC products, software, services and web sites (referred to collectively as the “Services” in this document and excluding any services provided to you by Ecastig LLC under a separate written agreement) is subject to the terms of a legal agreement between you and Ecastig LLC (referred as the “Service Provider” in this document). “Service Provider” means Ecastig LLC who own the E-castig.Com Website. This document explains how the agreement is made up, and sets out some of the terms of that agreement.

1.2 Unless otherwise agreed in writing with the Service Provider, your agreement with Service Provider will always include, at a minimum, the terms and conditions set out in this document. These are referred to below as the “Universal Terms”.

1.3 Your agreement with Service Provider will also include the terms of any Legal Notices applicable to the Services, in addition to the Universal Terms. All of these are referred to below as the “Additional Terms”. Where Additional Terms apply to a Service, these will be accessible for you to read either within, or through your use of, that Service.

1.4 The Universal Terms, together with the Additional Terms, form a legally binding agreement between you and Service Provider in relation to your use of the Services. It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to below as the “Terms”.

1.5 If there is any contradiction between what the Additional Terms say and what the Universal Terms say, then the Additional Terms shall take precedence in relation to that Service.

2. Accepting the Terms

2.1 In order to use the Services, you must firstly agree to the Terms. You may not use the Services if you do not accept the Terms.

2.2 You can accept the Terms by:

(A) clicking to accept or agree to the Terms, where this option is made available to you by Service Provider in the user interface for any Service; or

(B) by actually using the Services. In this case, you understand and agree that Service Provider will treat your use of the Services as acceptance of the Terms from that point onwards.

2.3 You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with Service Provider, or (b) you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services.

2.4 Before you continue, you should print off or save a local copy of the Universal Terms for your records.

3. Language of the Terms

3.1 Where Service Provider has provided you with a translation of the English language version of the Terms, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with Service Provider.

3.2 If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence.

4. Provision of the Services by Service Provider

4.1 Service Provider has subsidiaries and affiliated legal entities around the world (“Subsidiaries and Affiliates”). Sometimes, these companies will be providing the Services to you on behalf of Service Provider itself. You acknowledge and agree that Subsidiaries and Affiliates will be entitled to provide the Services to you.

4.2 Service Provider is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which Service Provider provides may change from time to time without prior notice to you.

4.3 As part of this continuing innovation, you acknowledge and agree that Service Provider may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at Service Provider’s sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform Service Provider when you stop using the Services.

4.4 You acknowledge and agree that if Service Provider disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.

4.5 You acknowledge and agree that while Service Provider may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by Service Provider at any time, at Service Provider’s discretion.

5. Use of the Services by you

5.1 In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to Service Provider will always be accurate, correct and up to date.

5.2 You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).

5.3 You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Service Provider, unless you have been specifically allowed to do so in a separate agreement with Service Provider.

5.4 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).

5.5 Unless you have been specifically permitted to do so in a separate agreement with Service Provider, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.

5.6 You agree that you are solely responsible for (and that Service Provider has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Service Provider may suffer) of any such breach.

6. Your passwords and account security

6.1 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.

6.2 Accordingly, you agree that you will be solely responsible to Service Provider for all activities that occur under your account.

6.3 If you become aware of any unauthorised use of your password or of your account, you agree to notify Service Provider immediately, but this don't of any responsibility for the activity all activities that occur under your account.

7. Privacy and your personal information

7.1 You agree to the use of your data in accordance with Service Provider’s privacy policies.

8. Content in the Services

8.1 You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content”.

8.2 You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to Service Provider (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by Service Provider or by the owners of that Content, in a separate agreement.

8.3 Service Provider reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service. In addition, there are commercially available services and software to limit access to material that you may find objectionable.

8.4 You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.

8.5 You agree that you are solely responsible for (and that Service Provider has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which Service Provider may suffer) by doing so.

9. Proprietary rights

9.1 You acknowledge and agree that Service Provider (or Service Provider’s licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by Service Provider and that you shall not disclose such information without Service Provider’s prior written consent.

9.2 Unless you have agreed otherwise in writing with Service Provider, nothing in the Terms gives you a right to use any of Service Provider’s trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.

9.3 If you have been given an explicit right to use any of these brand features in a separate written agreement with Service Provider, then you agree that your use of such features shall be in compliance with that agreement, any applicable provisions of the Terms, and Service Provider's brand feature use guidelines as updated from time to time.

9.4 Other than the limited license set forth in Section 11, Service Provider acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Service Provider, you agree that you are responsible for protecting and enforcing those rights and that Service Provider has no obligation to do so on your behalf.

9.5 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.

9.6 Unless you have been expressly authorised to do so in writing by Service Provider, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organisation in a way that is likely or intended to cause confusion about the owner or authorised user of such marks, names or logos.


10. Licence from Service Provider

10.1 Service Provider gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive licence to use the software provided to you by Service Provider as part of the Services as provided to you by Service Provider (referred to as the “Software” below). This licence is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Service Provider, in the manner permitted by the Terms.

10.2 You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Service Provider, in writing.

10.3 Unless Service Provider has given you specific written permission to do so, you may not assign (or grant a sub-licence of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.

11. Content licence from you

11.1 You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Services. By submitting, posting or displaying the content you give Service Provider a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive licence to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Services. This licence is for the sole purpose of enabling Service Provider to display, distribute and promote the Services and may be revoked for certain Services as defined in the Additional Terms of those Services.

11.2 You agree that this licence includes a right for Service Provider to make such Content available to other companies, organisations or individuals with whom Service Provider has relationships for the provision of syndicated services, and to use such Content in connection with the provision of those services.

11.3 You understand that Service Provider, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this licence shall permit Service Provider to take these actions.

11.4 You confirm and warrant to Service Provider that you have all the rights, power and authority necessary to grant the above licence.

12. Software updates

12.1 The Software which you use may automatically download and install updates from time to time from Service Provider. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit Service Provider to deliver these to you) as part of your use of the Services.

13. Ending your relationship with Service Provider

13.1 The Terms will continue to apply until terminated by either you or Service Provider as set out below.

13.2 If you want to terminate your legal agreement with Service Provider, you may do so by (a) notifying Service Provider at any time and (b) closing your accounts for all of the Services which you use, where Service Provider has made this option available to you. Your notice should be sent, in writing, to Service Provider’s address which is set out at the beginning of these Terms.

13.3 Service Provider may at any time, terminate its legal agreement with you if:

(A) you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or

(B) Service Provider is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or

(C) the partner with whom Service Provider offered the Services to you has terminated its relationship with Service Provider or ceased to offer the Services to you; or

(D) Service Provider is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; or

(E) the provision of the Services to you by Service Provider is, in Service Provider’s opinion, no longer commercially viable.

13.4 Nothing in this Section shall affect Service Provider’s rights regarding provision of Services under Section 4 of the Terms.

13.5 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and Service Provider have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 20.7 shall continue to apply to such rights, obligations and liabilities indefinitely.

14. Exclusion of Warranties

14.1 The Services are provided "as is" and Service Provider, its Subsidiaries and Affiliates, and its licensors give you no warranty with respect to them.

14.2 In particular, Service Provider, its Subsidiaries and Affiliates, and licensors do not represent or warrant to you that:

(A) your use of the Services will meet your requirements,

(B) your use of the Services will be uninterrupted, timely, secure or free from error,

(C) any information obtained by you as a result of your use of the Services will be accurate or reliable, and

(D) that defects in the operation or functionality of any Software provided to you as part of the Services will be corrected.

14.3 No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the Services except to the extent that they are expressly set out in the Terms.

14.4 Nothing in the Terms shall affect those statutory rights which you are always entitled to as a consumer and that you cannot contractually agree to alter or waive.

15. Limitation of Liability

15.1 Nothing in these Terms shall exclude or limit Service Provider’s liability for losses which may not be lawfully excluded or limited by applicable law.

15.2 Subject to overall provision in paragraph 15.1 above, Service Provider, its Subsidiaries and Affiliates, and its licensors shall not be liable to you for:

(A) any indirect or consequential losses which may be incurred by you. This shall include any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, or any loss of data suffered by you;

(B) any loss or damage which may be incurred by you as a result of:

(i) any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Services;

(ii) any changes which Service Provider may make to the Services, or for any permanent or temporary cessation in the provision of the Services (or any features within the Services);

(iii) the deletion of, corruption of, or failure to store, any Content and other communications data maintained or transmitted by or through your use of the Services;

(iii) your failure to provide Service Provider with accurate account information;

(iv) your failure to keep your password or account details secure and confidential;

15.3 The limitations on Service Provider’s liability to you in paragraph 15.2 above shall apply whether or not Service Provider has been advised of or should have been aware of the possibility of any such losses arising.

16. Copyright and trade mark policies

16.1 It is Service Provider’s policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to terminating the accounts of any infringers.

16.2 Service Provider operates a trade mark complaints procedure in respect of Service Provider’s advertising business.

17. Spam policy

17.1 We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and purchased lists will be treated as spam. Any user who sends out spam will have their account terminated  without notice.

17.2 Service Provider operates a spam mark complaints procedure in respect of Service Provider’s business.


18. Advertisements

18.1 Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information.

18.2 The manner, mode and extent of advertising by Service Provider on the Services are subject to change without specific notice to you.

18.3 In consideration for Service Provider granting you access to and use of the Services, you agree that Service Provider may place such advertising on the Services.

19. Other content

19.1 The Services may include hyperlinks to other web sites or content or resources. Service Provider may have no control over any web sites or resources which are provided by companies or persons other than Service Provider.

19.2 You acknowledge and agree that Service Provider is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.

19.3 You acknowledge and agree that Service Provider is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.

20. Changes to the Terms

20.1 Service Provider reserve the right to change the Universal Terms or Additional Terms  without notice at is sole discretion.

20.2 You understand and agree that if you use the Services after the date on which the Universal Terms or Additional Terms have changed, Service Provider will treat your use as acceptance of the updated Universal Terms or Additional Terms.

21. General legal terms

21.1 Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.

21.2 The Terms constitute the whole legal agreement between you and Service Provider and govern your use of the Services (but excluding any services which Service Provider may provide to you under a separate written agreement), and completely replace any prior agreements between you and Service Provider in relation to the Services.

21.3 You agree that Service Provider may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.

21.4 You agree that if Service Provider does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Service Provider has the benefit of under any applicable law), this will not be taken to be a formal waiver of Service Provider’s rights and that those rights or remedies will still be available to Service Provider.

21.5 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.

21.6 You acknowledge and agree that each member of the group of companies of which Service Provider is the parent shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favour of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms.

21.7 The Terms, and your relationship with Service Provider under the Terms, shall be governed by English law. You and Service Provider agree to submit to the exclusive jurisdiction of the courts of England to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Service Provider shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.


22. Additional legal terms

  1. These Rules and Regulations are applicable on all services provided by Ecastig LLC (referred as the “Sponsor” in this section).
  2. By using this site and any associated services you are agree the term of service and any other rules and regulation, provided on this website, these Rules and Regulations constitute the entire agreement between you and Sponsor.
  3. The Prizes are offered as a promotion in order to promote the Sponsor sites and Services. The Sponsor reserve the right to modify, cancel or suspend this promotion at it sole discretion without any prior notice or obligation.
  4. The number of value of the prizes in the promotion are decide by the Sponsor at it sole discretion depending on the efficiency of the promotion. The details are confidential and the Sponsor reserve the right to not disclosure any of them.
  5. Prizes must be accepted as awarded and are not transferable or convertible to cash. No substitutions except at Sponsor's option. Sponsor reserves the right to substitute a prize or prize component with one of equal or greater value.
  6. The determination of the winner by Sponsor will be final. Entrants will have no right of appeal. The exact drawing method is decided by the Sponsor.
  7. In order to be eligible to participate in this promotion the users meet the minimum requirements specified on the site regarding the promotion. Meeting the minimum requirements only grants the user to participate in the promotion without any other grantee.
  8. By meeting the minimum requirements specified on the site regarding the promotion, the user receive one (1) ballot towards the draw for the prize.
  9. User may enter this promotion without meet the minimum requirements specified on the site regarding the promotion, by sending an email with your name, address, mobile phone number, email address, details from where you know about the promotion and  a signed hand written text agreeing with all the term of service regarding the promotion to: promotion@e-castig.com. You must indicate the exact name of the promotion which you are entering on the top of the letter.
  10. By using the site and any associated services, the user each user expressly consents to the Sponsor, its agents and/or representatives, storing, sharing and using the personal information submitted with his/her entry only for the purpose of administering the promotion and in accordance with Sponsor's Privacy Policy unless the entrant otherwise agrees.
  11. Before being declared a winner, each selected entrant must first
    1. Replay to the email confirming that is agree to accept the prize and supply all the necessary information in maximum 7 days.
    2. Sign (or if a minor in their Province or territory of residence, have his/her parent or legal guardian sign) a standard declaration and release form confirming compliance with the promotion rules, acceptance of the prize as awarded and releasing the Sponsor, its advertising and promotion agencies, the promotion judges and their respective officers, directors, agents, representatives, successors and assigns (the "Releases") from any liability in connection with this promotion, the entrant's participation therein and/or the awarding and use of the prize or any portion thereof. If a selected entrant cannot be contacted by, email or telephone or fails to return the promotion documents within the specified time, he/she will forfeit the prize and an alternate eligible entrant may be selected. ).
  12. The prize will be shipped in maximum within 60 days of the closing date of the promotion with an fast delivery service(FedEx, DHL or UPS) anywhere in the world on the expense of the Sponsor. Any other expense that  may arise for (but not limited to) storing and taxes will be supported by the winner. In the case of a delivery failure the packet will be returned the Sponsor and can be picked up from the Sponsor headquarter in maximum 6 months. After that the prize will be credited back to the Sponsor, to use it at it sole discretion. 
  13. If The Service is not capable of running as planned due to any reason, including, but not limited to (the threat of) fraud, a state of emergency, natural disaster, war, technical failures or any other causes. Sponsor reserves the right to cancel, modify, terminate or suspend the The Service without any notice,  without being liable for any possible damage that occurs as a result thereof.
  14. The sponsor reserve the write to publish or not the name of the winners to the website at it sole discretion. The name of the users is provided for marketing porpoise only and do not entitle any user (with the same or similar name) to any right except the intended person who already signed the compliance form.  The Sponsor has the right to publish the name of any user who was selected in the current promotion or any other  promotions organized by the Sponsor regardless if it was actually put in the possession of the price already or not, without any liability, cost or demand. 
  15. You release and agree to keep Sponsor indemnified from any claim, cost, demand, tax, liability or damage suffered or incurred by The Sponsor or its directors, employees,agents, owners or shareholders, arising out of entry into The Service or using any other Services provided by the Sponsor. Also you agree to defend the Sponsor in front of any persons and legal entities in the case of such an event (claim, cost, demand, tax, liability or damage suffered), regardless if the event is caused by you or not.
  16. The Sponsor reserve the right to interpret and complete any contradiction, misunderstandings, errors or missing parts in the Rules, Regulation, Policy and Term of Service in any way it consider it was originally intended at is sole discretion. Using any of the Sponsor sites or Services you agree to the Sponsor interpretation and competitions of any and all of the Rules, Regulation, Policy and Term of Service in front of any persons and legal entities, without the right to any other interpretations, competitions or claims by you (the user) or any other persons or entities acting in your behalf or interest.
  17. The Sponsor is not responsible for any technical error that may occur during the The Service. This includes, but is not limited to, any omission, interruption, deletion, defect or delay in operation or transmission or failure of any telephone, mobile or satellite network.
  18. Sponsor may at any time update, limit, extend or revise these Rules and Regulations without any notice.




December 1st,2009