Policies.
Ghostcast Privacy Policy
We believe you should always know what data we collect from you, how we use it, and that you should have meaningful control over both. We want to empower you to make the best decisions about the information you share with us. That’s the basic purpose of this Privacy Policy.
You should read this policy in full, but here are a few key things we hope you take away:
Ghostcast is public and ghostcast are immediately viewable and searchable by anyone around the world. We give you non-public ways to communicate on Ghostcast too, through protected accounts and Direct Messages. You can also use Ghostcast under a pseudonym if you prefer not to use your name.
When you use Ghostcast, even if you’re just listening to your favorite ghostcaster, we receive some personal information from you like the type of device you’re using and your IP address. You can choose to share additional information with us like your, email address, phone number, address book contacts, and public profile. We use this information for things like keeping your account secure and showing you more relevant ghostcasters, ghostcasts, people, channels, events, and advertisers.
Via your settings, we let you control the limit of data we collect from you and how we use it, and to control things like account security, marketing preferences, apps that can access your account, and address book contacts you’ve uploaded. You can also download the information you have shared on Ghostcast.
In addition to the information you share with us, we use your ghostcast and surrounding content, like the content you’ve listened to, liked, shared, or promoted, and other information to determine what topics you’re interested in, your age, languages you speak, and other signals to show you more relevant content. We give you transparency into that information, and you can modify or correct it at any time.
If you have questions about this policy, how we collect or process your data, or anything else related to our privacy practices, we want to hear from you. You can contact us at any time.
Personalized Ads
You will always see ads on Ghostcast based on your platform activity. When this setting is enabled, we may further personalize ads from advertisers, on- and off-platform, by combining your Ghostcast activity with other online activity and information from our partners.
About Personalized Ads - Your Privacy Controls
We work with ad partners to bring you more useful and interesting advertising content through interest-based advertising. For example, we may do this based on information that ad partners share with us. We hope that this increases the usefulness of Ghostcast Ads for you.
Here’s one way it would work. Let’s say a media company wants to advertise a new movie on Ghostcast. They’d prefer to show their ad to enthusiasts of that kind of movie who subscribe to their services and/or consume their other content. To get the special offer to those people, who are also on Ghostcast, the media company may share anonymized emails from their mailing list. We can then match that to anonymized emails that our users have associated with their accounts to show them a Promoted Ad for the movie.
Another way this works is when a person visits the media company website. In that case, Ghostcast may collect information that enables the media company to advertise through Ghostcast and reach those visitors with a special movie offer.
About Our Marketing
In addition to helping advertisers reach their audiences on Ghostcast, we work with third-party advertising partners, including Google, to market Ghostcast’s services, including through the delivery of interest-based ads. These partners may also serve ads on behalf of Ghostcast advertisers. The privacy options described below apply to interest-based ads served by Ghostcast; they do not apply to ads served by these other companies, including on Ghostcast’s behalf. You can learn more about opting out of receiving interest-based ads from other companies at https://optout.aboutads.info/ and www.networkadvertising.org/choices. If you are on the web, you can also opt-out of Google Analytics by installing Google’s opt-out browser add-on and opt-out of interest-based Google ads using Google’s Ads Settings.
What are my privacy options?
If you do not want Ghostcast to show you interest-based ads on- and off-platform, there are several ways to turn off this feature:
Using your Ghostcast settings, visit the Personalization and data settings and adjust the setting ‘Personalize Ads’.
If you are on the web, you can visit the Digital Advertising Alliance’s consumer choice tool at https://optout.aboutads.info/ to opt-out of seeing interest-based advertising from Ghostcast in your current browser.
If you do not want Ghostcast to show you interest-based ads in Ghostcast for iOS on your current mobile device, enable the “Limit Ad Tracking” setting in your iOS phone’s settings. If you do not want Ghostcast to show you interest-based ads in Ghostcast for Android on your current mobile device, enable “Opt out of Ads Personalization” in your Android phone’s settings.
Note: Please confirm that you are logged in if you want to view or change the web settings for your Ghostcast account. Changing your Ghostcast settings in your web browser when you are logged out will only affect behavior on that browser while you are not logged in to Ghostcast. Learn more about how to access your Personalization and data settings, including in your Ghostcast mobile app.
Opting out of Ghostcast’s interest-based ads won’t stop you from seeing Ghostcast ads altogether. For example, you may still see ads on Ghostcast that are personalized based on other information, including what you do, who you follow, what type of phone you use, where you are, and the links you click on while using Ghostcast.
Personalize Ads Based on your Inferred IdentityGhostcast will always personalize your experience based on the information you provide, as well as the devices you’ve used to log in. When this setting is enabled, Ghostcast may personalize ads based on other inferences about your identity, like devices and browsers you haven't used to log in to Ghostcast or email addresses and phone numbers similar to those linked to your Ghostcast account.
How does Ghostcast determine what identity information is associated with my account or device?
When you log in to Ghostcast on a browser or device, we associate that browser or device with your Ghostcast account. Whether or not you are logged in to Ghostcast, we may also receive information about your browsers or devices when, for example, that information is shared by a partner; you visit ghostcast.io; you visit third-party websites that integrate Ghostcast content, or you visit a Ghostcast advertiser’s website or mobile application. We may use this information, most commonly IP addresses, and the time at which the information was received, to infer that certain browsers or devices are associated with one another or with your account.
When you provide other information to Ghostcast, including an email address, we associate that information with your Ghostcast account. We may use this information to infer other information about your identity, for example by associating your account with hashes of email addresses that share common components with the email address you have provided to Ghostcast.
To learn more about the browsers, devices, and other information about your identity we use to operate and personalize your experience for your Ghostcast account, check out ‘Your Ghostcast Data’ while logged in. To learn more about other browsers, devices, and other information about your identity we use to operate and personalize your experience on the device or browser you are currently using, visit ‘Your Ghostcast Data’ while logged out.
What does "personalization based on your inferred identity" mean?
By better understanding how different browsers and devices are related, we can use information from one browser or device to help personalize the Ghostcast experience on another. For example, if you commonly use Ghostcast for Android around the same time and from the same network where you browse sports websites with embedded content on a computer, we may infer that your Android device and laptop are related and later suggest sports-related content and serve sports-related advertising on your Android device. We may also infer other information about your identity to help personalize your Ghostcast experience. For example, if the email address associated with your account shares components with another email address, such as a shared first name, last name, or initials, we may infer that your account is associated with hashes of other email addresses containing those components and later match advertisements to you from advertisers that were trying to reach email addresses containing those components.
What privacy choices do I have?
We are committed to providing meaningful privacy choices. You can control whether we operate and personalize your experience based on browsers or devices other than the ones you use to log in to Ghostcast (or if you’re logged out, browsers or devices other than the one you’re currently using), or email addresses and phone numbers similar to those linked to your Ghostcast account. You can do this by visiting your personalization and data settings and adjusting them based on your inferred identity setting.
Personalize based on the places you’ve beenGhostcast always uses some information, like where you signed up and your current location, to help show you more relevant content. When this setting is enabled, Ghostcast may also personalize your experience based on other places you’ve been.
Track where you see Ghostcast content across the web
Ghostcast uses this data to personalize your experience. This web browsing history will never be stored with your name, email, or phone number.
Personalization based on where you see Ghostcast content across the web
More personalized suggestions make building a great experience — filled with lots of interaction, links, media, and conversations from people and topics you love — easier and faster. Ghostcast can show you more relevant ghostcasts and ghostcasters, more relevant suggestions about who you might enjoy following, and better ads.
How it Works
We determine what content you might enjoy based on a number of factors. If you have the ‘Allow use of where you see Ghostcast content across the web’ setting enabled in your Personalization and data settings, we may consider your visits to other websites that integrate Ghostcast content (such as embedded audio files, etc.). For example, if you regularly visit corncob pipe websites, we might suggest accounts that frequently follow and listen to ghostcasters talking about that topic or show you ads for lighters or various other kinds of pipes.
To protect your privacy, we never associate this web browsing history with your name, email address, phone number, or Ghostcast handle, and we delete, obfuscate, or aggregate it after no longer than 30 days, as explained in our Privacy Policy.
It’s up to you.
We are committed to offering you meaningful privacy choices. If you don’t want personalization (including ads) based on your visits to third-party websites that integrate Ghostcast content, there are several ways to turn off this feature:
For users signing up to Ghostcast on the web, you can uncheck the box that says Ghostcast for the web.
After signup or if you are using Ghostcast logged-out, you can disable the Allow use of where you see Ghostcast content across the web setting in your personalization and data settings.
Note: Please confirm that you are logged in if you want to view or change the web settings for your Ghostcast account. Changing your Ghostcast settings in your web browser when you are logged out will only affect behavior on that browser while you are not logged in to Ghostcast. Learn more about how to access your ‘Personalization and Data’ settings, including in your Ghostcast mobile app.
We don’t store this web browsing history from websites that have opted out of this collection, or from certain domains such as .mil and .gov. If you have disabled the ‘Allow use of where you see Ghostcast content across the web’ setting in your personalization and data settings or are in the European Economic Area or Switzerland, Ghostcast will not store or use a web page visits to improve your experience in the future. If we’ve previously stored your web browsing history, your experience may continue to be personalized based on information already inferred from that history.
For more details, please see our Privacy Policy.
Share your data with Ghostcast’s business partners
This setting lets Ghostcast share non-public data, such as content you’ve seen and your interests, with certain business partners for uses like ads and brand marketing.
Additional information sharing with business partners
When Ghostcast receives information about you, we use that information to improve our services, to personalize your Ghostcast experience, and for other purposes as described in our Privacy Policy. In some cases, this involves sharing non-public personal information with our partners.
For the partnerships described below, we provide you with additional control over whether your non-public personal data may be shared if you are located in the specified regions. You can exercise this control using the ‘Allow additional information sharing with business partners’ setting in your Personalization and Data settings. Changes to this setting may not be immediate.
The setting only applies to the particular types of partnerships described below –– it does not affect how Ghostcast otherwise shares data or through partnerships other than those described below. Additionally, though these partnerships may operate globally, the setting only applies in the specific regions as described below. This means that if a partnership is listed as being subject to the setting in a select region, then only Ghostcast customers in that region can use the setting as described. For example, all Ghostcast customers can use the setting as described in the “subject to the setting for all Ghostcast customers globally” section, but customers located in the EU, an EFTA state, or the United Kingdom, may also use the setting as described in the “subject to the setting for Ghostcast customers located in the European Union, EFTA States, or the United Kingdom” section.
Partnerships, last updated April 16, 2020:
Subject to the setting for all Ghostcast customers globally:
Other Advertising Platforms Through Which Ghostcast Markets Itself:
Ghostcast shares certain non-public personal information with certain digital advertising platforms to help measure and optimize the effectiveness of our efforts to market Ghostcast on those platforms. This information can include IP address and mobile device advertising identifiers for devices that open or log into Ghostcast’s mobile apps; but does not include your name, email, phone number, or Ghostcast username. These advertising platform partners act as data controllers for this information and the platforms we currently work within this capacity are:
Google [Google's Privacy Policy]
Facebook [Facebook’s Data Policy]
Ghostcast may share this information with these partners before you’ve signed up for Ghostcast (e.g. when you first open the app before creating an account) as disclosed before download in the Ghostcast app description in the App Store and Google Play but does not offer you control over this data sharing until after you’ve created a Ghostcast account. Once you’ve created a Ghostcast account, if your ‘Allow additional information sharing with business partners’ setting is disabled Ghostcast will not thereafter share with these partners the non-public personal information described above. Separately, you may be able to control how these partners use this data by exercising privacy choices as described in their privacy policies linked above. For Ghostcast customers who signed up before the last updated date above and who are located in the European Union, an EFTA State, or the United Kingdom, Ghostcast does not currently share this information with these partners as described above even if your ‘Allow additional information sharing with business partners’ setting is enabled.
Subject to the setting for Ghostcast customers located in the European Union, EFTA States, or the United Kingdom:
Mobile Application Advertising Campaign Information for Non-Data-Processors:
Ghostcast shares certain non-public personal information with advertisers who run mobile application advertising campaigns through Ghostcast. This information can include which ads a particular browser or device saw, watched, or otherwise interacted with; but does not include your name, email, phone number, or Ghostcast username. For example, Ghostcast might share that a mobile device identifier viewed or clicked on an ad for a particular mobile application.
Ghostcast may share this information directly with advertisers that are not acting as data processors, but such advertisers more frequently access this data through data processor partnerships. Data processors act on behalf of Ghostcast to facilitate measurement and analytics solutions for advertisers who run mobile application advertising campaigns through Ghostcast. If you are located in the European Union, an EFTA state, or the United Kingdom, your ‘Allow additional information sharing with business partners’ setting must be enabled for Ghostcast and its data processors to share the non-public personal information described above with third parties that are not acting as data processors.
Boolah Redemption Terms and Conditions
These Boolah Redemption Terms and Conditions (“Boolah Redemption Terms”) are a legal agreement between you (“you” or “your”) and Ghostcast, Inc. (“Ghostcast”, “we”, “us” or “our”) that govern your use of the Boolah Redemption Service (as defined below). These Boolah Redemption Terms supplement and are in addition to other terms and conditions that you have entered governing your use of the Ghostcast platform.
THESE BOOLAH REDEMPTION TERMS CONTAIN AN ARBITRATION NOTICE. PLEASE READ THIS NOTICE CAREFULLY, AS IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING BY REQUIRING MANDATORY INDIVIDUAL ARBITRATION OF DISPUTES.
1. THE BOOLAH REDEMPTION SERVICE
The “Boolah Redemption Service” allows you to redeem boolah for US dollars (USD) once you’ve accrued the minimum required balance. The current minimum required balance is 2,500 boolah. The minimum required balance may change in the future at any time with little or no notice. Boolah is converted to US dollars (USD) using a conversion rate. The current conversion rate is 1 boolah equals $0.04 USD. The conversion rate may change in the future at any time with little or no notice.
US Federal Tax Law requires us to collect information through an IRS Form W-9 or W-8 and report on certain income paid. You will be required to fill out a W-9 or W-8 before any payments will be made.
Any transaction fees (such as ACH, EFT, Checks, International ACH, SWIFT Bank Wires, USD to USD SWIFT Wires, PayPal Payouts, or Currency Conversion) will be automatically deducted from the final payout amount. When you make a payment request, you authorize us to transfer funds to your payment account.
We will generally initiate the transfer of funds to your payment account within 1 business day and you will generally receive the payment within your payment account within 2-3 business days.
You acknowledge that these Boolah Redemption Terms will govern your use of the Boolah Redemption Service.
2. ELIGIBILITY AND LIMITS
A. EligibilityIn order to use the Boolah Redemption Service, you must have a Ghostcast account in good standing. If your Ghostcast account has been frozen for any reason (such as violating the Boolah Redemption Terms, or suspicion of illegal activity), you will not be able to use the Boolah Redemption Service and forfeit all boolah accrued in your Ghostcast account.Additionally, you must have successfully completed your IRS Form W-9 or W-8, and setup your payment account before you can use the Boolah Redemption Service.
B. Limits on Boolah Redemption ServiceYour use of the Boolah Redemption Service is subject to the following limits:
Payments: $0.01 USD - $1,000 USD per payment request; up to $1,000 USD for any rolling 7-day period.
The limits may change in the future at any time with little or no notice. We may impose additional limits, or cancel, delay, or block a payment without prior notice for security reasons, legal reasons, or as otherwise described in these Boolah Redemption Terms.
C. Additional Limits on your use of the Boolah Redemption ServiceWe may decline to complete or delay a payment: (i) if we believe it may involve or result in a violation of applicable law or expose us to liability or risk of loss; (ii) if the payment instructions or authorization are unclear, ambiguous, or incomplete; (iii) if we identify a fraud or security risk involving an individual payment or the Boolah Redemption Service; or (iv) as otherwise stated in these Boolah Redemption Terms. We are not responsible for any losses or damages that may result from our delay or cancellation of a payment or for any failure to notify you of such delay or cancellation. You agree not to use the Boolah Redemption Service in connection with unlawful domestic or international activities (such as terrorism, or money laundering).
3. ADDITIONAL TERMS AND CONDITIONS FOR USING THE BOOLAH REDEMPTION SERVICE
Except as otherwise expressly provided herein or as otherwise required by applicable law, payments authorized in connection with the Boolah Redemption Service are non-refundable. We are not responsible for any loss of funds if you give incorrect payment account information. You represent and warrant that all payment requests you make comply with applicable law.
Except as otherwise expressly provided herein, and without limiting any other provisions of these Boolah Redemption Terms, we will not be liable if we fail to send, or delay the transmission of funds to a designated payment account through the Boolah Redemption Service if: (i) we believe the payment may violate applicable law, or these Boolah Redemption Terms; (ii) we identify a security risk involving the payment or the Boolah Redemption Service; or (iii) circumstances beyond our control (such as fire, flood, terrorist attack, or national emergency) prevent the payment. We cannot guarantee the timely delivery of funds as a result of a failure of another financial institution or payment intermediary to act in a timely manner.
4. CUSTOMER SERVICE
A. In Case of Questions about your PaymentsPlease email support@ghostcast.io if you think a mistake has occurred in connection with a payment.
B. Cooperation in Recovery EffortsYou agree to cooperate reasonably with us and our agents and service providers in our attempts to recover funds from, and to assist in the prosecution of, any unauthorized use of the Boolah Redemption Service. You agree that any unauthorized use does not include use by a person to whom you have given authority to use your Ghostcast account, or credentials and that you will be liable for all such uses by such person.
5. BUSINESS DAYS
Our business days are Monday through Friday, excluding US federal holidays.
6. INDEMNIFICATION
You agree to indemnify, hold harmless, and (at our request) defend us and any Program Manager, Issuer, and Depository, our and their affiliates, and our and their respective employees, officers, directors, agents, and contractors from and against all claims, demands, suits, damages, costs, lawsuits, fines, penalties, liabilities, and expenses, including reasonable attorneys’ fees, that arise from any third-party claim due to or arising out of: (i) your access to or use of the Boolah Redemption Service; (ii) your breach or alleged breach of these Boolah Redemption Terms; (iii) your violation of applicable law, including, but not limited to, infringement of third-party intellectual property rights; (iv) any action we take pursuant to your instructions; or (v) your other actions or omissions that result in liability to us. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us under these Boolah Redemption Terms, and you agree to cooperate with our defense of these claims.
7. DISCLAIMERS
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE BOOLAH REDEMPTION SERVICE AND ALL INFORMATION, PRODUCTS, AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE THROUGH THE BOOLAH REDEMPTION SERVICE ARE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE BOOLAH REDEMPTION SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND WE EXPRESSLY DISCLAIM ANY AND ALL CONDITIONS, REPRESENTATIONS, WARRANTIES, EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE BOOLAH REDEMPTION SERVICE WILL MEET YOUR REQUIREMENTS; (B) THE BOOLAH REDEMPTION SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE BOOLAH REDEMPTION SERVICE WILL BE ACCURATE OR RELIABLE; OR (D) ANY ERRORS IN THE BOOLAH REDEMPTION SERVICE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR ANY OF OUR AUTHORIZED REPRESENTATIVES WILL CREATE ANY WARRANTY.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. HOWEVER, ANY LIMITATION WILL BE CONSTRUED TO MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
8. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE AND ANY PROGRAM MANAGER, ISSUER, AND DEPOSITORY, OUR AND THEIR AFFILIATES, AND OUR AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, AND CONTRACTORS WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF THE BOOLAH REDEMPTION SERVICE.
IN ADDITION TO AND WITHOUT LIMITING ANY OF THE FOREGOING, WE AND ANY PROGRAM MANAGER, ISSUER, OR DEPOSITORY WILL HAVE NO LIABILITY FOR ANY FAILURE OR DELAY RESULTING FROM ANY CONDITION BEYOND OUR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, ACTS OF TERRORISM, LABOR CONDITIONS, POWER FAILURES, INTERNET DISTURBANCES, OR ANY SERVICES OR SYSTEMS CONTROLLED BY THIRD PARTIES.THE LIMITATIONS IN THIS SECTION DO NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
9. ARBITRATION NOTICE
THE BOOLAH REDEMPTION SERVICE IS BEING MADE AVAILABLE BY GHOSTCAST ON THE BASIS OF YOUR ACCEPTANCE OF THE FOLLOWING ARBITRATION NOTICE. BY ENTERING INTO THESE BOOLAH REDEMPTION TERMS, YOU ARE AGREEING TO BINDING ARBITRATION RATHER THAN LITIGATION IN ANY COURT. YOU HEREBY KNOWINGLY AND VOLUNTARILY WAIVE THE RIGHT TO ASSERT ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THE BOOLAH REDEMPTION TERMS IN ANY COURT, EXCEPT AS EXPRESSLY PROVIDED BELOW IN SECTION C. YOU FURTHER ACKNOWLEDGE THAT YOU ARE ENTERING INTO THESE BOOLAH REDEMPTION TERMS VOLUNTARILY AND NOT IN RELIANCE ON ANY PROMISES OR REPRESENTATIONS WHATSOEVER EXCEPT THOSE CONTAINED IN THESE BOOLAH REDEMPTION TERMS THEMSELVES.
THIS ARBITRATION NOTICE AFFECTS YOUR LEGAL RIGHTS. PLEASE READ IT CAREFULLY.
A. Arbitration of ClaimsYou and Ghostcast mutually agree that any dispute, claim, or controversy (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory) arising out of or relating to these Boolah Redemption Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitration, or to the use of the Boolah Redemption Service (hereinafter “Claim” or “Claims”) shall be settled by binding arbitration before a single arbitrator. The arbitration shall be administered by JAMS in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “JAMS Streamlined Arbitration Rules”) in effect on the date the arbitration is filed, and will be governed by the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness (the “JAMS Minimum Consumer Standards”). Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitrator can award any damages or relief on your individual claim that a court of law could, including individual injunctive relief and attorneys’ fees when available under the governing law. The arbitrator will also be empowered to determine the arbitrability of any Claim. Any Claim will be decided by an arbitrator, rather than by a judge or jury, and an arbitration award will be final and binding on you and Ghostcast, without any right of appeal. Court review of an arbitration award will be very limited. With the exception of Section C below, you and Ghostcast hereby waive the right to assert any Claim in any court. As set out in Section D below, all arbitrations will be conducted on an individual basis, and there shall be no class or collective actions in arbitration.
B. Other Claims Subject to ArbitrationIn addition to Claims brought by either you or Ghostcast, Claims made by or against an employee, agent, representative, affiliated company, or subsidiary of Ghostcast will be subject to arbitration as described herein.
C. ExceptionsWe agree not to invoke our right to arbitrate any individual Claim you bring in small claims court or an equivalent court with jurisdiction, so long as the Claim is pending only in that court. This arbitration provision does not limit or constrain Ghostcast’s right to interplead funds in the event of claims to funds associated with your Payment Account by several parties.
D. Individual Claims OnlyClaims may be submitted to arbitration on an individual basis only. Claims subject to this arbitration provision may not be joined or consolidated in arbitration with any Claim of any other person or be arbitrated on a class basis, in a representative capacity, on behalf of the general public, or on behalf of any other person, unless otherwise agreed to by the parties in writing. You acknowledge and agree that you are waiving any ability to join or consolidate your Claim in arbitration with the Claim of any other person and to bring any Claim on a class basis, in a representative capacity, on behalf of the general public, or on behalf of any other person. Further, unless you and Ghostcast both otherwise agree in writing, the arbitrator may not consolidate your Claim with that of any other person, and may award relief only in favor of your individual Claim. The arbitrator may not award relief for or against any other party, whether directly or indirectly. If a court of competent jurisdiction deems this paragraph to be unenforceable with respect to any Claim, then the entirety of the Arbitration Notice (the “Notice”) will be deemed void with respect to such Claim. The Notice will survive any termination of these Boolah Redemption Terms. The arbitrator will be competent to determine the arbitrability of any Claim that is attempted to be joined or consolidated in arbitration with the Claim of any other person or brought on a class basis, in a representative capacity, on behalf of the general public, or on behalf of any other person.
E. Arbitration FeesIf you initiate arbitration, Ghostcast will advance any arbitration fees, including any required deposit. Ghostcast will also be responsible for payment and/or reimbursement of any arbitration fees which exceed either (1) the amount of filing fees you would have incurred if your Claim had been brought in the state or federal court nearest your residence with jurisdiction, or (2) US$ 250, whichever is lesser. If Ghostcast initiates or elects arbitration, Ghostcast will pay the entire amount of the arbitration fees, including any required deposit. Regardless of who initiates arbitration, Ghostcast will pay all other arbitration-related costs, including any remaining JAMS Case Management Fee and all professional fees for the arbitrator’s services.
F. Arbitration ProcedureA single arbitrator will resolve the Claims. The place of arbitration will be the State in which you are a legal resident. You have the right to an in-person arbitration hearing for your Claim should you so choose. Any such hearing will take place within the federal judicial district in which you live, or in a reasonably convenient location as agreed by the parties. The arbitration will be conducted in English. The arbitrator will be either a retired judge or an attorney with at least ten years of experience and will be selected by the parties; provided, however, that if the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then JAMS will appoint the arbitrator in accordance with the JAMS Streamlined Arbitration Rules. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity, but may not grant any form of relief identified in Section D above without the express written consent of both parties. Discovery or exchange of non-privileged information relevant to the dispute will be allowed, keeping in mind the reasonable need for the requested information, the availability of other discovery options, and the burdensomeness of the request on the opposing party. The arbitrator’s award will address all claims properly brought before the arbitrator and will include the essential findings and conclusions upon which the arbitrator based the award. This arbitration provision is made pursuant to a transaction involving interstate commerce and will be governed by the FAA. You may obtain copies of the current JAMS Streamlined Arbitration Rules, forms, and instructions for initiating an arbitration with JAMS by contacting JAMS online at www.jamsadr.com. Where there is a conflict or inconsistency between the JAMS Streamlined Arbitration Rules and procedures and this arbitration provision, this arbitration provision will govern.
G. ConfidentialityYou and Ghostcast agree that any arbitration proceedings initiated hereunder shall be kept in strict confidence, meaning that you and Ghostcast agree not to disclose or cause to be disclosed to any third party the dispute(s) to be arbitrated hereunder, or any of the underlying facts, circumstances, documents, and other materials relating to such dispute(s), except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law.
H. SeverabilityExcept as provided in Section D, any provision of this Notice deemed unenforceable by a court of competent jurisdiction may be severed, and the remainder of the Notice shall be given full force and effect.
10. CHANGE IN TERMS
We may modify, suspend, or discontinue the Boolah Redemption Service and/or revise these Boolah Redemption Terms from time to time in our sole discretion without prior notice or liability to you, subject to applicable law. If we are required to provide you notice of any changes to these Boolah Redemption Terms, we will do so in accordance with the Electronic Communications Agreement. Subject to applicable law, your continued use of the Boolah Redemption Service following such notice shall be deemed to be your acceptance of such modified version of these Boolah Redemption Terms.
11. GOVERNING LAW
The Boolah Redemption Terms will be governed by and interpreted in accordance with the laws of the State in which you are a legal resident.
12. EFFECTIVE DATE
Effective April 22, 2021, to present.