Last Updated: October 1, 2007

Please read this User Content Submission Service Agreement carefully because it is a part of the Terms of Use and represents your legally binding agreement with us ("Agreement") regarding your use of the GotCast.com User Content Submission Service ("Service"). Unless defined separately, terms used in this Agreement are defined in our Terms of Use. The Service may operate not only on and in conjunction with our Web site, but also the web sites of GotCast, LLC and GotCast.com’s Affiliate, our or their licensors, suppliers, agents, licensees, franchisees, representatives, successors and assigns, and third parties with whom we have made arrangements to make all or any part of our Service available (collectively, the "GotCast, LLC Entities" and, individually, a "GotCast, LLC Entity") and consequently all references to our Service, unless the context clearly requires otherwise, includes our Web site and their web sites related to our Service as well.

When you click (select) the "I Accept" box to upload your user content, or by using or attempting to use the Service, you are signifying your agreement with and acceptance of all these terms and conditions as part of the Terms of Use that govern your legal and contractual relationship with GotCast, LLC. If you are acting as an officer, director or employee of an organization, by accepting, you represent and warrant you have full legal authority to bind that employer or entity. All users who want to submit user content or use any of the interactive features of our Service, such must be registered users of the www.gotcast.com Web site.

We have the right to change the terms and conditions of this Agreement at any time as described in our Terms of Use. If you do not agree with all the terms and conditions of this Agreement at any time, including, without limitation, those times when we make changes, do not use, do not attempt to use, and immediately discontinue your use of, the Service, because if you do any of these things you are agreeing to be bound by all of the terms and conditions of this Agreement, including, without limitation, any changes we have made.

1. Submitting User Content.

We will use the term "user content" to mean and refer to any and all content, media, and materials you submit to or for the Service, whether directly to us or through any of the GotCast, LLC Entities, including, without limitation, still photographs, writings, spoken statements, music, audio, video, video recordings, audio-visual works and recordings, slides, portraits, animated and/or motion pictures, caricatures, likenesses, vocal or other sounds, sound recordings, voices, voice reproductions, computer graphics and visual effects, as well as any accompanying documentation, packaging or other materials, tangible or intangible, and to all derivative works, translations, adaptations or variations of same, regardless of the tangible medium, broadcast medium, format or form, now known or hereinafter developed or discovered, and regardless of where produced, on location, in a studio or elsewhere, in black-and-white or in colors, alone or in conjunction with other work, characters, real or imaginary, in any part of the world.

To submit user content to the Service you must upload your file (transmit a copy) through the Internet through our Web site or you may be able to do so through a web site of one of the GotCast, LLC Entities with whom we have made arrangements that will allow you to upload your user content through their web site. Whether directly through or to GotCast, LLC or any GotCast, LLC Entity we have arrangements with, each time you upload or submit your user content (or if you attempt to do so) you will be confirming your acceptance of, and agreement to be bound by, all the terms and conditions of this Agreement. The instructions for uploading your user content are on the web page provided for such upload. To be considered for posting and display to the public, your user content must meet all the specifications and requirements relating to formatting, compatibility, operating characteristics and submission and these can be found on the upload web page. In order to submit user content, you will also need to meet our Age Requirements (See Section 2 below) and your user content must meet our Content Requirements (See Section 3 below). When submitting user content to or for any of the GotCast, LLC Entities, you may also be required to comply with certain requirements and agree to terms and conditions that they may separately require or impose and you should check with them for these requirements, terms and conditions, since they, not us, control their own web sites and submission and display requirements, as well as the information they may obtain about you during that process.

When you submit user content to the Service, you may also be asked to provide some information about you and your submission. This may include, without limitation, such things as a descriptive title, some information about the content, length, your location and/or similar information. By submitting your user content, you are also agreeing and you understand that the term "user content" also includes and refers to, without limitation, all of the information you submit or we may receive that is related to your user content and your submission. Always keep a copy of anything you send because we shall not be responsible for lost, damaged, misdirected, unusable or unreadable user content. Proof that you submitted user content does not constitute proof that we or any of the GotCast, LLC Entities received anything.

2. Age Requirements.

The Service is only available for use by persons who are 18 years of age or older and you may not use or be registered to use the Service if you are under the age of 18. Notwithstanding the foregoing, you must be 18 years or older to upload videos as part of your user content. Some material on or accessible from the Service may not be suitable for children. If you are not yet 18 years old, do not use or attempt to use the Service. Some functions on this Web site may include other age requirements specific to their function.

3. Content Requirements.

You are solely responsible and liable for your communications and submissions (and the consequences) made under your name, user name, email address, password and your registration and profile information, if any. User content does not reflect the views of GotCast, LLC or any of the GotCast, LLC Entities and neither Direct Casting, nor any of the GotCast, LLC Entities represents or guarantees the truthfulness, accuracy, or reliability of any user content, nor endorses or supports any opinions expressed in any user content, and except for any attempts we may make to prevent Unauthorized Content from being displayed, we do not filter or screen any user content. In no event shall GotCast, LLC or any GotCast, LLC Entity have or be construed to have any responsibility or liability for or in connection with any of your user content. If we determine, in our sole discretion, you have not met the Age Requirement (See Section 2 above) or our Content Requirements or if, in our judgment, you or any user content you submit violates this Agreement, we reserve the right, at any time, without notice and without limiting any and all other rights we may have under this Agreement, at law or in equity, to (a) refuse to allow you to submit further user content, (b) remove and delete your user content, (c) revoke your registration and right to use the Service and (d) use any technological, legal, operational or other means available to enforce the terms of this Agreement, including, without limitation, blocking specific IP addresses or deactivating your registration, access using your e-mail address, your user name and password.

We make no claim that the Service or any user content is appropriate for any particular purpose or audience, or that any user content, software or our Service may be accessed, used or downloaded outside of the United States, which may not be legal for certain persons or in certain countries and you do so at your own risk. You are responsible for compliance with the laws of your jurisdiction. The United States controls the export of products and information and you agree to comply with such restrictions and not to export or re-export any user content, information, software, materials, products or services to countries or persons prohibited under the export control laws and regulations. You agree you will not submit or attempt to submit, and we have the right to reject, refuse to accept, remove or otherwise handle as Direct Casting deems appropriate, any "Unauthorized Content" which is defined as any user content that is or could be construed as violating any of the terms and conditions of this Agreement, and/or any of the Rules of Conduct set forth in our Terms of Use, including, without limitation:

• causing harm, harassing anyone or which may prevent, prohibit, inhibit, restrict or otherwise impair others from using or enjoying our Service;
• unauthorized access to the Service or information of other users;
• the modification, impairment, disruption, alteration or interference with the use, features, functions, operation or maintenance of the Service; or
• any requirements, rules, terms or conditions that may be applicable to the Direct Casting Entities in connection with the Service.

Neither GotCast, LLC nor any GotCast, LLC Entity controls any user content submitted and, although we may use both automated and manual means of reviewing user content in order to prevent Unauthorized Content from appearing and being displayed on Direct Casting, we do not have any obligation to you to review, evaluate or monitor user content for that or any other purpose. GotCast, LLC reserves the right to review any submitted user content and to delete, remove, move, edit or reject, without notice to you, any user content that GotCast, LLC deems, in its sole discretion, abusive, defamatory, obscene, pornographic, in violation of copyright, trademark or other intellectual property rights, to be in violation of this Agreement or to be unacceptable to GotCast, LLC or any of the GotCast, LLC Entities, for any reason or for no reason whatsoever; provided, however, that GotCast, LLC shall have no obligation or liability to you for failure to do so or for doing so in any particular manner. If GotCast, LLC receives notice of any claim of infringement that satisfies specific legal requirements, such as notice and takedown requirements under U.S. copyright law (See Section 4 below), GotCast, LLC may remove user content associated with such claim. GotCast, LLC reserves the right to provide information to law enforcement officials, governmental agencies and pursuant to judicial or regulatory compulsion, to protect their respective interests, the Service or to comply with legal, regulatory, audit and compliance obligations.

4. Copyright; Content Requirement Violations; Breach of Agreement.

If you believe any user content violates the copyright of any other party, you can notify us by contacting us directly. If you believe any user content or the conduct of any other user violates this Agreement or in any other way infringes upon the rights of others, you may notify us by email at support@gotcast.com. We have no obligation to respond or reply to any notifications you send us, but we always reserve the right to take any action or no action in our sole discretion.