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Terms of Service

Effective: February 15, 2008

IMPORTANT: THESE TERMS AND CONDITIONS APPLY TO YOUR USE OF THE INSTANT CAST SERVICE. PLEASE READ THEM CAREFULLY TOGETHER WITH THE INSTANT CAST PRIVACY POLICY.

SERVICE
Welcome to Instant Cast, provided by Casting Community Media, Inc. ("Instant Cast" or "we"). By registering for, visiting or using any aspect of the Service (defined below), you are agreeing to be bound by the following terms and conditions (this "Terms of Service"). "Service" means the websites located at www.instantcast.com, other associated websites owned and operated by Instant Cast, and any co-branded versions of those websites, as well as the mobile content delivery services provided by Instant Cast which allows you to use your compatible mobile telephone or other device which you own or have control over, or for which you have permission to use and to incur charges for (the "Device") to receive mobile content and to interact with Instant Cast or other users, via the Internet, SMS, MMS, WAP and other means of mobile content delivery. "Content" means (i) all content posted, transmitted, accessible or available for download or otherwise through the Service, including, without limitation, software, content, design, text, images, photographs, illustrations, audio and video material, artwork, graphic material, data, news, and other information, and (ii) any content, including any of the foregoing which you post, transmit or send ("Upload") on or through the Service (the "User Provided Content").

PERMITTED USERS; USER AGREEMENTS
The Service is not directed to children under the age of 13 and you must be at least 13 years of age to register for or use the Service. Access to and use of the Service is limited to users in the U.S., however due to the global nature of the Internet and mobile devices, it may be possible to access and/or use the Service outside of the U.S. In the event of such foreign access and/or use, you agree to comply with all local rules regarding online conduct and transmission of information, including, without limitation, all applicable laws regarding the transmission of technical data exported from the U.S. or any other jurisdiction. We make no representation that the Service and/or the Content are lawful in any jurisdiction outside the U.S.

By using the Service and/or by providing any information to Instant Cast, you represent and warrant that you (i) have read, understood and agree to be bound by this Terms of Service; (ii) are at least 18 years of age, or you are older than 13 but not yet 18 years of age and have parental permission to incur any costs associated with the subscription to and use of the Service; and (iii) are a resident of the U.S.

USE OF SERVICE
You must provide all equipment and software necessary to connect to the Service (as they exist today or as modified or upgraded), including, but not limited to, computer equipment, Internet access, a mobile hand set or other mobile access Device that is in working order and suitable for use in connection with the Service.

In order to use the Service you must register with Instant Cast. You agree the registration and other information you provide to Instant Cast is and will be accurate and complete. You should update your information via the online form located at www.instantcast.com/Resources/CustomerService. If any information provided by you is untrue, inaccurate, not current, or incomplete, we reserve the right to terminate your subscription to the Service. Instant Cast shall have no liability in connection with your failure to maintain current information. You are responsible for all activities conducted under your account, whether or not you authorized such activity.

The Service provides users with the ability to communicate with other members of the Service. All communications conducted by you through, on or related to your use of the Service is at your sole risk. Instant Cast gives no assurances of whatever nature regarding any interactions they may have with any other members of the Service whether online or offline.

TRANSMISSIONS, SUBMISSIONS AND POSTINGS
You represent and warrant to Instant Cast that you own all rights or have a valid license to Upload, any and all User Provided Content that you Upload to or through the Service. By Uploading User Provided Content to or through the Service, you grant Instant Cast and its Affiliates the worldwide, fully-paid, royalty-free, non-exclusive, sub-licensable right and license to use, copy, format, adapt, publish, sell, license, distribute and/or incorporate any or all of your User Provided Content in any media and for any purpose that Instant Cast may determine in its sole discretion.

You shall not Upload any User Provided Content to or through the Service if it:

  • Infringes Instant Cast's or any third party's copyright, patent, trademark, trade secret or other proprietary rights;
  • Violates any law, statute, ordinance or regulation;
  • Is libelous, unlawfully threatening, unlawfully harassing, defamatory, obscene, explicit or vulgar, or otherwise injurious to Instant Cast or third parties or that infringes Instant Cast's or any third party's rights of publicity or privacy;
  • Contains any viruses, worms, Trojan horses, trap doors, back doors, Easter eggs, time bombs, cancelbots or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
  • Contains or constitutes chain letters, mass mailings, political campaigning, unsolicited or unauthorized advertising, or any form of "spam";
  • Is false, inaccurate or misleading; or
  • Is a commercial advertisement or solicitation.
Although Instant Cast does not regularly review User Provided Content, we reserve the right (but not the obligation), in our sole discretion and at any time, to edit, refuse to Upload or remove any User Provided Content. Pursuant to the Privacy Policy, Instant Cast may review transmissions, submissions or postings made by you to determine, in its sole discretion, your compliance with this Terms of Service.

CHARGES / BILLING
You authorize Instant Cast to charge the appropriate fees for the Service each month until you cancel your subscription. All fees are subject to change and Instant Cast will use its best efforts to notify you of any change in fees. Upon receipt of notice of a change in fees, you may cancel your subscription to the Service at the end of your then-current subscription period if you do not accept the new fees. Failure to cancel the Service after notice of a change in fees will constitute your agreement to the new fees.

AUTOMATIC RENEWAL
Your subscription will renew automatically at the end of each payment period UNLESS YOU NOTIFY INSTANT CAST OF YOUR DECISION NOT TO RENEW YOUR SUBSCRIPTION PRIOR TO THE EXPIRATION OF THAT PAYMENT PERIOD. If you do not notify us, the then-applicable subscription fee will be billed automatically to the credit card you designated during the registration process. In connection with recurring billing for subscription renewals, we may receive updated information about your account from the financial institution issuing your credit or charge card.

You agree to pay all fees and charges incurred in connection with your username and password (including any applicable taxes) at the rates in effect when the charges were incurred. You will have 60 days from the date that any discrepancies in your credit card statement or any invoice first appear to notify us; after that time, all charges will be deemed correct and no refunds will be given. You agree to pay all amounts due upon our demand. In the event we have to collect unpaid amounts you owe us, you will be liable for all attorneys' and collection agency fees.

PRIVACY
All personally identifiable information you provide in connection with your use of the Service is subject to the Instant Cast Privacy Policy.

COPYRIGHT AGENT
Instant Cast respects the intellectual property rights of others, and expects you to do the same. If you believe that any Content has been used on the Service in a manner not authorized by you and that constitutes copyright infringement, please provide Instant Cast's Copyright Agent with a written notice that includes the following information:
  • an electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
  • identification of the copyrighted work claimed to have been infringed;
  • a description of where the material that you claim is infringing is located on the Service;
  • your address, telephone number, and e-mail address;
  • a statement by you that have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • a statement by you, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Instant Cast's Copyright Agent for notice of claims of copyright infringement on the Service is:
Copyright Agent c/o Casting Community Media, Inc.
391 Broadway
5th Floor
New York, NY 10013
fax: (212) 226-4760
editor@instantcast.com

INTELLECTUAL PROPERTY RIGHTS
The Service, including, without limitation, all software, content, design, text, images, photographs, illustrations, audio and video material, artwork, graphic material, databases, proprietary information and all copyrightable or otherwise legally protectible elements of the Service, including, without limitation, the "look and feel" of the Service, the Content, all trademarks, service marks and tradenames, but excluding all User Provided Content (individually and/or collectively, the "Material") are the property of Instant Cast or its licensors. The Service and Material are owned or licensed by Instant Cast, and are legally protected, without limitation, under U. S. Federal and State laws, as well as applicable foreign laws, regulations and treaties. Unless the context or service clearly requires otherwise or we explicitly say so in writing, the term "Service" includes the Material as well. You must not alter, delete or conceal any copyright notices or other intellectual property notice contained on the Service. Instant Cast grants to you a limited, non-exclusive, non-transferable, revocable right to download the Content to your computer solely for your own non-commercial, non-exclusive, non-assignable, non-transferable and limited personal use and for no other purposes. You understand, acknowledge and agree that you shall not, nor will you allow any third party (whether or not for your benefit) to, download, reproduce, modify, create derivative works from, display, publish, perform, transfer, broadcast, distribute or otherwise use the Service or Content except as expressly permitted in this Terms of Service.

LINKS TO THIRD-PARTY SITES
The Service may include links to third-party websites not owned or operated by Instant Cast (the "Third Party Websites"). These links are provided only as a convenience to you. Neither Instant Cast nor its Affiliates are responsible for the availability of such Third Party Websites or their contents, nor will Instant Cast or its Affiliates have any liability, directly or indirectly, for any damage or loss caused by or in connection with your use of or reliance on any content of any such site or goods or services available through any such site. You should direct any concerns regarding Third Party Websites to those sites' administrators.

INDEMNITY
You agree to indemnify and hold harmless Instant Cast and its employees, officers, directors, parents, subsidiaries, agents, contractors, suppliers, affiliates and/or licensors (the "Affiliates") from and against any and all claims, actions, demands, causes of action and other proceedings arising from or concerning (A) activities conducted on or through the Service under your subscription account, whether or not conducted or authorized by you, or (B) your violation of these Terms of Service, the Privacy Policy, or any applicable laws (collectively "Claims"), and agree to reimburse them on demand for any liabilities, losses, costs, judgments, fees, fines and other expenses they incur (including reasonable attorneys' fees and court costs) as a result of any Claims, including costs of defense of such Claim.

CHANGES TO SERVICE AND/OR TERMS OF SERVICE
Instant Cast reserves the right at any time to:
  • Change, amend, supplement or modify the terms of this Terms of Service;
  • Modify, suspend or discontinue all or any portion of the Service; or
  • Change any fees or charges for use of the Service.
Any changes we make will be effective seven (7) days after notice of any change is provided to you, which may be done by any means including, without limitation, posting on the Website or notice sent via electronic mail. We will use our best efforts to notify you by email of any changes to the fees or charges for use of the Service. Your continued use of the Service after the changes become effective, signifies your agreement to bound by such Service changes or modified Terms of Service.

CANCELLATION
To cancel any your subscription, you may do so via the online form or phone number located at www.instantcast.com/contact depending on your member status. PLEASE NOTE THAT ONCE YOU HAVE BEEN BILLED AND SERVICE HAS COMMENCED FOR THAT BILLING CYCLE, YOUR FEE FOR THAT BILLING CYCLE IS NON-REFUNDABLE. NO PRO-RATA REFUNDS WILL BE GIVEN FOR CANCELLATIONS IN THE MIDDLE OF A BILLING CYCLE.

You agree that Instant Cast, in its sole discretion, may immediately suspend or terminate your subscription, with or without notice to you, for any reason including if you have (or if Instant Cast believes that you have) violated any provision of this Terms of Service or the Privacy Policy, or for no reason. You are responsible for all activities conducted under your subscriber account, whether or not you authorized such activity. Upon termination, Instant Cast may immediately deactivate or delete your account and all related information and files in your account, and may bar any further access to your account by you. If Instant Cast suspends or terminates your use under this paragraph for good reason, you agree that Instant Cast shall have no liability or responsibility to you, and Instant Cast will not refund any portion of your fees paid to date. If Instant Cast terminates or suspends your use under this paragraph without good reason, then you will receive a pro rata refund of your monthly subscription fee as your sole and exclusive remedy.

You understand and agree that your sole right and remedy with respect to any dispute with Instant Cast is to cancel your subscription and cease use of the Service. This includes, but is not limited to, any dispute related to or arising out of: (1) any term of this Terms of Service or the enforcement or application thereof; (2) any Instant Cast policy or practice, including its Privacy Policy or the enforcement or application thereof; (3) the Service and the Content; (4) your use of and/or ability to access and use the Service or Content; and (5) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the foregoing.

DISCLAIMERS
YOUR USE OF THE SERVICE AND CONTENT, IS SOLELY AT YOUR OWN RISK. THE SERVICE AND CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND BY INSTANT CAST OR ITS AFFILIATES, AS APPLICABLE. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, INSTANT CAST AND ITS AFFILIATES, AS APPLICABLE, EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY OF NON-INFRINGEMENT. THERE IS NO WARRANTY THAT THE SERVICE OR CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT YOUR ACCESS TO THE SAME WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. INSTANT CAST AND/OR ITS AFFILIATES, AS APPLICABLE, DO NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICE OR CONTENT WITH RESPECT TO PERFORMANCE, ACCURACY, RELIABILITY, SECURITY CAPABILITY, CURRENTNESS OR OTHERWISE. YOU AGREE THAT YOU WILL NOT HOLD INSTANT CAST AND/OR ITS AFFILIATES, AS APPLICABLE, RESPONSIBLE FOR ANY DAMAGES THAT RESULT FROM YOU ACCESSING OR USING THE SERVICE OR CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY VIRUSES TO THE COMPUTER OR DEVICE YOU USE TO ACCESS THE SAME. YOU AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY PERSON SHALL CREATE A WARRANTY IN ANY WAY WHATSOEVER RELATING TO INSTANT CAST AND/OR ITS AFFILIATES, AS APPLICABLE.

UNDER NO CIRCUMSTANCES SHALL INSTANT CAST AND/OR ITS AFFILIATES, AS APPLICABLE, BE LIABLE FOR ANY UNAUTHORIZED USE OF THE SERVICE OR CONTENT. INSTANT CAST WILL HAVE NO LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY CONTENT OR ASPECT OF THE SERVICE THAT MIGHT BE OBJECTIONABLE. UNDER NO CIRCUMSTANCES SHALL INSTANT CAST OR ITS AFFILIATES BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE SERVICES, ATTENDANCE AT ANY INSTANT CAST EVENT, FROM ANY CONTENT POSTED ON OR THROUGH THE SERVICES, OR FROM COMMUNICATIONS WITH OR THE CONDUCT OF ANY USERS OF THE SERVICES, WHETHER ONLINE OR OFFLINE.

UNDER NO CIRCUMSTANCES SHALL INSTANT CAST AND/OR ITS AFFILIATES, AS APPLICABLE, BE LIABLE TO YOU OR ANY THIRD PARTY, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE OR CONTENT, EVEN IF INSTANT CAST AND/OR ITS AFFILIATES, AS APPLICABLE, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. TO THE EXTENT THAT IN A PARTICULAR CIRCUMSTANCE ANY DISCLAIMER OR LIMITATION ON DAMAGES OR LIABILITY SET FORTH HEREIN IS PROHIBITED BY APPLICABLE LAW, THEN, INSTEAD OF THE PROVISIONS HEREOF IN SUCH CIRCUMSTANCE, INSTANT CAST AND/OR ITS AFFILIATES, AS APPLICABLE, SHALL BE ENTITLED TO THE MAXIMUM DISCLAIMERS AND/OR LIMITATIONS ON DAMAGES AND LIABILITY AVAILABLE AT LAW OR IN EQUITY BY SUCH APPLICABLE LAW IN SUCH CIRCUM-STANCE, AND IN NO EVENT SHALL SUCH DAMAGES OR LIABILITY EXCEED $100.

MISCELLANEOUS
This Terms of Service, and all documents referred to herein, including without limitation, the Privacy Policy, represent your entire agreement with Instant Cast regarding your use of the Service. This Terms of Service does not confer any rights or remedies upon any person other than the parties hereto and the Affiliates. If any part of this Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of a party to require performance of any obligations of the other party under this Terms of Service shall not affect its right to enforce any provision of this Terms of Service at a subsequent time, and the waiver of any rights arising out of any breach shall not be construed as a waiver of any prior or subsequent breach. No waiver of any provision of this Terms of Service shall be effective unless in writing and signed by Instant Cast.

You agree that any unauthorized use of the Service or Content would result in irreparable injury to Instant Cast and its Affiliates for which money damages would be inadequate, and in such event Instant Cast and/or its Affiliates, as applicable, shall have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief against you. The remedies of Instant Cast and/or the Affiliates under this Terms of Service shall be cumulative. Your rights under this Terms of Service are not assignable or transferable. You agree not to resell or transfer the Service including, without limitation, the Content.

The laws of the State of New York, excluding its conflicts-of-law rules, govern this Terms of Service and use of the Service. You agree to the exclusive jurisdiction and venue in the state and federal courts of New York State, New York County for all disputes arising out of or related to the Service or this Terms of Service.

Please direct any questions concerning the Service to Member Services at 800-996-0390. Except as expressly provided otherwise herein, all notices to Instant Cast shall be in writing and delivered via overnight courier or certified mail, return receipt requested to: Casting Community Media, Inc., 391 Broadway, 5th Floor, NY, NY 10013. You expressly agree to receive notices from Instant Cast by posting them on the Service website or sending them via electronic mail. Notices are deemed received on the weekday following the day they were posted or sent.