1. Acceptance Of Terms

By accessing or using diyacast.com (the "Website") or the Diyacast mobile application (together, the "Service"), operated by Vibhatsu Internet LLC ("we," "us," or "our"), you agree to be bound by these Terms and Conditions. If you do not agree to these terms, please do not use the Service.

2. Eligibility

You must be at least 13 years old to use the Service. By using the Service, you represent and warrant that you meet this eligibility requirement.

3. Registration

To access certain features of the Service, you must register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

4. Consent To Communications

By registering, you consent to receive One-Time Passwords (OTP) and other account notifications via the email address and phone number you provide.

5. User Content

You retain ownership of content you upload to the Service.
By uploading content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, distribute, and display your content in connection with the Service.
You are solely responsible for your content and the consequences of posting or publishing it.
You understand and agree that all content posted on the Service is intended for public consumption. In the rare case where content is intended for mature audiences only, you are solely responsible for marking it as such.

6. Prohibited Content

You agree not to upload content that is illegal, infringing, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable.

7. Copyright And Intellectual Property

We respect the intellectual property rights of others and expect users to do the same.
We will remove content that infringes on others' intellectual property rights upon proper notification.

8. Community Behavior And User Comments

User Interaction: The Service allows users to interact through comments on videos. By participating in these interactions, you agree to foster a respectful and positive community environment.
Appropriate Behavior: When posting comments, you agree to:
- Be respectful to other users and content contributors
- Avoid hate speech, discrimination, or harassment of any kind
- Refrain from posting spam or engaging in commercial solicitation
- Avoid sharing personal information of others without their consent
- Not engage in or promote illegal activities
Content Moderation: We reserve the right to moderate, edit, or remove any comments that violate these guidelines or that we deem inappropriate, offensive, or harmful to the community.
User Responsibility: You are solely responsible for the comments you post. We do not endorse or take responsibility for any user-generated comments.
Reporting: Users are encouraged to report comments that violate these Terms and Conditions or our community guidelines.
Consequences: Violation of these community behavior guidelines may result in content removal, account suspension, or termination, at our sole discretion.

9. Advertizing

Our Service may display advertisements before, during, or after videos. We use anonymized data to display targeted advertisements, without sharing personal information with advertisers.
We may offer subscription plans as an alternative to viewing advertisements.

10. Gifting Program

We offer a Gifting Program that allows users to purchase coins and send them as gifts to contributors. This Gifting Program is governed by our separate Gifting Program Terms, which are hereby incorporated by reference into these Terms and Conditions. By purchasing or redeeming coins, you agree to be bound by the Gifting Program Terms. If you do not agree to the Gifting Program Terms, you may not participate in the Gifting Program.

11. Online Contests

Contest Offerings: The Service may organize and host online contests directly or permit third parties to organize and host contests on our platform, such as music contests or other user participation events.
Rewards: Rewards for these contests may be offered by us or by third parties. The nature and value of rewards will be specified in the individual contest rules.
Right to Amend or Cancel: We reserve the right to cancel, suspend, or modify any contest, in whole or in part, at any time without prior notice if any factor interferes with its conduct as contemplated by these Terms and Conditions.
Judging: We shall be the sole judge in all matters relating to the contest, including the interpretation of contest rules, eligibility of entries, selection of winners, and awarding of prizes. Our decisions in such matters are final and binding.
Third-Party Sponsors: In cases where contests are sponsored by third parties, additional terms may apply. Users are responsible for reviewing and complying with any such additional terms.
Compliance: By participating in any contest, you agree to comply with all contest rules and these Terms and Conditions.
Limitation of Liability: We are not responsible for any incorrect or inaccurate information, technical error, or human error which may occur in the processing of entries and submissions. We assume no responsibility for any error, omission, interruption, deletion, defect, or alteration of entries.
Winner Notification: Winners will be notified using the contact information provided during account registration. If a winner cannot be contacted or fails to claim the prize within the specified period, we reserve the right to select an alternate winner or withdraw the prize.
Participation Method: Users can participate in contests by uploading their content—typically a video—to the platform and tagging it with the specific hashtag designated for the contest.

12. Cookies And Personalization

We use cookies, tokens and similar technologies to personalize your experience and improve our services. By using the Service, you consent to our use of these technologies.

13. Privacy

Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms and Conditions by reference.

14. Termination

We reserve the right to terminate or suspend your account and access to the Service at our sole discretion, without notice, for conduct that we believe:

Violates these Terms and Conditions
Is harmful to other users, us, or third parties
Involves making automated requests to the Service using tools such as scripts, bots, or crawlers
Or for any other reason

By using the Service, you acknowledge that you understand and agree to this termination policy.

15. Disclaimers And Limitations Of Liability

The Service is provided "as is" without any warranties. We shall not be liable for any indirect, incidental, special, consequential, or punitive damages resulting from your use of the Service.

To the fullest extent permitted by applicable law, we and our affiliates, officers, directors, employees, contractors, agents, licensors, and service providers (collectively, the "Service Providers") will not be liable for any direct, indirect, incidental, consequential, special, or punitive damages, including lost profits, loss of data, or personal injury, arising from or related to our Service or inability to use our Service, including but not limited to damages arising from:

User-generated content, including copyright infringement, harassment, indecent content, hate speech, or any other content that violates our Community Guidelines or Terms and Conditions
Delay or failure in performance resulting from circumstances beyond our reasonable control, including natural disasters, power outages, internet failures, or non-performance of third parties

Our total aggregate liability in connection with or under these Terms and Conditions will not exceed $100 USD.

If you are dissatisfied with any portion of our Service, your sole and exclusive remedy is to discontinue use of our Service.

16. Governings Law And Jurisdiction

These Terms and Conditions shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, without regard to its conflict of law provisions. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts located within the Commonwealth of Virginia.

17. Changes To Terms

Except where prohibited by applicable law, we reserve the right to change any element of these Terms and Conditions at any time. When we change these Terms and Conditions, we will:

Place a notice on the diyacast.com website and mobile app
Email and/or notify you by some other means as required by applicable law
Post a new version to the diyacast.com website and mobile app
Update the "Last Updated" date at the top of these Terms and Conditions

We may require you to provide consent to the updated Terms and Conditions in a specified manner before further use of the Service is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you will stop using the Service. Otherwise, your continued access to or use of the Service after any changes to these Terms and Conditions indicates your acceptance of such changes.

18. Feedback

We appreciate your feedback! When you share suggestions or ideas with us, you agree that we can use them to improve our Service without compensating you. We may use, modify, and share your feedback with others to make our Service better. By sharing feedback, you waive any rights to privacy, publicity, or intellectual property claims related to our use of your ideas. Thank you for helping us grow!

19. Contact Information

If you have any questions about these Terms and Conditions, please contact us at support@diyacast.com

Mailing Address

Vibhatsu Internet LLC
8401 Maryland Dr #4303
Henrico, VA 23294

By accessing or using diyacast.com, or our mobile app, you acknowledge that you have read, understood, and agree to be bound by these Terms & Conditions and, where applicable, the Gifting Program Terms.