Last Updated: December 22, 2009

1. Acceptance of Terms

   GotCast (the “Company”) provides a collection of online resources, including casting platforms, forums for uploaded user content, and various e-mail services (referred to hereafter as “the Services”) subject to the following Terms of Use (“TOU”). Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms. Should you object to any term or condition of the TOU, any guidelines, or any subsequent modifications thereto or become dissatisfied with GotCast in any way, your only recourse is to immediately discontinue use of GotCast. GotCast has the right, but is not obligated, to strictly enforce the TOU through self-help, community moderation, active investigation, litigation, and prosecution.

2. Conditions for Membership

   GotCast or any affiliated Services may not be used by persons under eighteen (18) years of age. This same restriction applies to any users suspended or removed from GotCast or any other affiliated services. Users are prohibited from transferring or profiting from the transfer of their GotCast account to another party. If you do not meet the above requirements, you are not eligible to use GotCast.

3. Modifications to this Agreement

   We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes. You can find the most recent version of the TOU at:

   http://www.gotcast.com/content/Terms.aspx

4. Content

   You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials (“Content”) posted on, transmitted through, or linked from the Services, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item of Content that you post, e-mail, broadcast, or otherwise make available through GotCast. Gotcast does not endorse, support, represent, or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services. You understand that by the using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate, or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will Gotcast be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted, or otherwise made available via the Services or broadcast elsewhere. You acknowledge that Gotcast does not pre-screen or approve Content, but that GotCast shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Services, for violating the letter or the spirit of the TOU or for any other reason.

5. Third Party Content, Sites, and Services

   The GotCast site may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of GotCast, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. You agree that GotCast shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that GotCast is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release GotCast, its officers, employees, agents, and successors in rights from claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and /or our Services. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

6. Restrictions on Content and Use of Services

   It is illegal or prohibited to post, disseminate, distribute, publish, send, or otherwise transmit certain content through GotCast and its affiliated services. GotCast reserves the right to investigate and take appropriate legal action against anyone who, in GotCast’s sole discretion, violates this provision, including, without limitation, removing the offending Content from the GotCast Services, terminating the membership of such violators and/or reporting such Content or activities to law enforcement authorities. Prohibited Content and activities include, but are not limited to, Content and/or activities that in the sole discretion of GotCast:

   • Is patently offensive or promotes or otherwise incites racism, bigotry, hatred, or physical harm of any kind against any group or individual;
   • Harasses or advocates harassment of another person;
   • Exploits people in a sexual or violent manner;
   • Contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website;
   • Involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming” or “spamming”;
   • Publicly posts information that poses or creates a privacy or security risk to any person;
   • Constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory, or libelous;
   • Furthers or Promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to, buying or making illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
   • Involves the solicitation for commercial activities and/or sales via contests, sweepstakes, barter, advertising, multi-level marketing, or pyramid schemes;
   • Seeks to harm GotCast.com or any related systems and infrastructure that it operates in any way;
   • Is designed to collect or resell data containing other users’ profiles, personal information, or other information on GotCast.com;
   • Attempts to solicit members to leave GotCast in favor of another related or competitive service.
   • Involves criminal or tortious activity, including, but not limited to, child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, defamation, stalking spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or the theft of trade secrets;
   • Impersonates any person or entity, including, but not limited to, a GotCast employee, or falsely states or otherwise misrepresents your affiliation with a person or entity.
   • Uses automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Services—unless expressly permitted by GotCast.
7. Disciplinary Guidelines

   Company may immediately suspend or terminate your GotCast.com account and all access to the Site and Services without prior notice for the following: 1) violation of the TOU 2) violation of any applicable laws 3) Account inactivity. Account termination shall involve the complete stoppage of all use of the Site and Affiliated Services. All account suspensions or terminations will be made in Company’s sole discretion. Company is not liable for any damages associated with the suspension or termination of a user’s account and will issue no refunds in connection therewith.

8. Refunds

   Company will issue no refunds in association with payments that have already been debited. If you decide to cancel your account, we will simply halt any further billing and your subscription will run out automatically. Under no circumstances will Company be held responsible for overdraft charges from your financial institution caused by subscription charges, purchases, or renewals. “Overdraft,” “Overage,” “Overlimit” and/or any other related fees are the sole responsibility of the User and Company will not be liable for such charges even if incurred due to billing errors made by company.

9. Notification of Claims of Infringement

   If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify GotCast’s agent for notice of claims of copyright or other intellectual property infringement (“Agent”), at

   Support@GotCast.com

   Or:

   Copyright Agent
   GotCast, LLC
   1275 Kinnear Road
   Columbus, Ohio 43212

   Please provide our Agent with the following Notice:
   a) Indentify the material on the Site that you claim is infringing, with enough detail so that we may locate it on the Site.
   b) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
   c) A statement by you declaring under penalty of perjury that i) the above information in your Notice is accurate, and 2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
   d) Your address, telephone number, and email address; and
   e) Your physical or electronic signature

   GotCast will remove the infringing postings, subject to the procedures outlined in the Digital Millenium Copyright Act (DMCA).

10. Disclaimer of Warranties

    You agree that use of the GotCast site and the services are entirely at your own risk. The Site and Services are provided on an “as is” or “as available” basis, without any warranties of any kind. All express and implied warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights are expressly disclaimed to the fullest extent permitted by law. To the fullest extent permitted by law, Company disclaims any warranties for the security, reliability, timeliness, accuracy, and performance of the Gotcast Site and Services. To the fullest extent permitted by law, Company disclaims any warranties for other services or goods received through or advertised on the Site or accessed through any links on the Site. To the fullest extent permitted by law, Company disclaims any warranties for viruses or other harmful components in connection with the Site or Services. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

11. Proprietary Rights

    The Site is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyright laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of GotCast. You further agree not to reproduce, duplicate, or copy Content from the Site without the express written consent of GotCast, and agree to abide by any and all copyright notices displayed on the Site. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained within the Site. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Site and/or Services.

12. Limitations of Liability

    Under no circumstances shall GotCast be liable for direct, indirect, incidental, special, consequential or exemplary damages (even if GotCast has been advised of the possibility of such damages), resulting from any aspect of your use of the Site or Services, whether the damages arise from use or misuse of the Site or Services, from inability to use the Site or Services, or the interruption, suspension, modification, alteration, or termination of the Site or Services. Such limitation shall also apply with respect to damages incurred by reason of other services or products received through or advertised in connection with the Site or Services or any links on the Site, as well as by reason of any information or advice received through or advertised in connection with the Site or Services or any links on the Site. These limits shall apply to the fullest extent permitted by law. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you.

13. Indemnity

    You agree to indemnify and hold GotCast, its officers, subsidiaries, affiliates, successors, assigns, directors, agents, service providers, suppliers, and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post, or make available through the Service, your use of the Service, your violation of the TOU, your breach of any representations and warranties herein, or your violation of any rights of another.

14. General Information

    The TOU constitute the entire agreement between you and GotCast and govern your use of the Site and Services, superseding any prior agreements between you and GotCast. The TOU and the relationship between you and GotCast shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and GotCast agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Los Angeles, California. The failure of GotCast to exercise any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in this provision, and the other provisions of the TOU remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.