Terms of Service

Cast Network Terms of Service

LAST UPDATED: 09/19/2010

1. Welcome to CastNetwork.com

CastNetwork.com wholly owned and operated by WAN TV, LLC, ("Cast Network,") provides Internet content delivery network services, content syndication / distribution services, live and On Demand audio and video streaming, social networking applications, audio / video chat and pay-per-view / subscription based services ("Services"). The content is contributed and viewed by our Users via our web based network located at www.castnetwork.com ("Web Site")."Cast Network", "Web Site" and "Cast Network Service" may be referred to as ("we", "us" or "our") herein. The following terms and conditions are known as our ("Terms of Service")and should be read carefully. Our Terms of Service and all other policies located on the Web Site or made available via our Services regulate your access to and use of our Web Site and Services, to include all content, information, products and/or services therein.

Cast Network's Terms of Service are a legal and binding agreement between you and Cast Network and apply to you whether you have an account with Cast Network or are simply visiting our Web Site . In either case you are considered a Cast Network ("User" collectively "Users").

BY CLICKING THE "I AGREE" CHECK BOX, OR BY VISITING, USING THE WEB SITE, SERVICES, OR YOUR USER ACCOUNT, YOU ARE AGREEING TO BE BOUND BY THESE TERMS OF SERVICE AND FUTURE MODIFICATIONS ADMINISTERED BY CAST NETWORK OF THE SAME. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR USE THE WEB SITE OR SERVICES. If you agree to these Terms of Service on behalf of a business, you represent and warrant that you have the authority to bind that business to these Terms of Service and your agreement to these terms will be treated as the agreement of the business. In that event, "you" and "your" will refer and apply to that business.

When using the Cast Network Service, you will be subject to any additional policies or rules applicable to services, applications and/or features ("Policies"). The foregoing will include without limitation the Cast Network Service Agreement that is hereby incorporated by reference. (Click here to view the Cast Network Service Agreement.) All other unmentioned related Policies are hereby incorporated by reference into these Terms of Service. In the case of any conflict between these Terms of Service and any other document or policy that has been incorporated by reference herein, these Terms of Service shall govern.

Cast Network reserves the right, at Cast Network's sole discretion, to change,modify, add, or remove portions of these Terms of Service and/or Policies at any time, for any reason by amending the Terms of Service or Policies on www.castnetwork.com. Please review these Terms of Service and any Web Site Policies periodically for changes. Your use of Cast Network Services after any amendment(s) constitutes your binding acceptance of such changes.

2. Registration Eligibility

If you would like to submit content, advertising information,view private and/or pay-per-view content, chat or participate in various features of the Web Site and Services, you will be required to create a Cast Network account and become a "Member". Members may be referenced as"Broadcaster", "Advertiser", "Viewer" or "Administrator". To participate as a Member you must be at least 13 years of age. During the Web Site registration process you will be required to create a user name and a password.

As a Member, you are responsible and accountable for the security of your password associated with your account and agree not to disclose it to anyone. You also agree to be solely responsible for actions occurring as a result of any unauthorized use of your password on the Web Site. If your password has been compromised it is your responsibility to change it immediately. If any activity has transpired on the Web Site as a result of the use of an unauthorized password you agree to contact Cast Network immediately. Furthermore, you agree to provide only true and accurate information that is not only up-to-date, but also complete during the Web Site registration and in all other information fields in the Web Site. You accept responsibility for any actions and/or activity that arise as a result of providing or maintaining inaccurate or fraudulent information. You agree that Cast Network will not be responsible or liable, directly or indirectly, in anyway for any loss or damage of any kind as a result of , or in connection with password security.

As a Member you agree to the use of electronic means to:

a. Complete Terms of Service

b. Receive notice(s) specific to Terms of Service

c. Store records related to Terms of Service, your use of the Web Site and Services and your communication with the Web Site.

3. Privacy Policy

Cast Network is dedicated to the protection of the privacy of its Users, Account Holders and Members of the Cast Network Service.

The Cast Network Privacy Policy is hereby incorporated by reference into these Terms of Service. As a Cast Network User, Account Holder or Member you agree to the Web Site's collection,use and disclosure of User information that is contained in our Privacy Policy.

4. Closure, Suspension or Modification

Cast Network at its sole discretion, reserves the right to, at any time and for any reason, modify or terminate the Web Site and Services, or amend these Terms of Service with no prior notice to Users or Members without liability. If you do not agree with or are not content with any Terms of Service modifications you may contact the Web Site at info@castnetwork.com and your communication will be considered. Cast Network may contact you and address these revisions. If the revisions stand your sole remedy will be to stop using the Web Site and Services and cancel your account if you are an account holder. Should you continue to use the Web Site you are acknowledging the revised Terms of Service and thereby agreeing to be bound by them.

Cast Network, at its sole discretion, may close, restrict or suspend, in whole or in part, your access to the Web Site and Services at anytime and for any reason. Cast Network may remove any content from the Web Site and/or servers and may do so without contacting you. Cast Network reserves the right to take any action deemed appropriate or to contact authorities, without notice to you, if there is a suspicion or a determination of to include but not limited to:

a. non-compliance with these Terms of Service or Cast Network policies, guidelines or rules and regulations.

b. utilizing the Web Site or Services for illegal actions.

c. utilizing the Web Site or Services to cause liabilities,harmful actions, or disruptions of Cast Network Users, Members, the Web Site and/or Services and others to include individuals or other companies.

You agree to hold Cast Network harmless and without liability,to include without limitation, any damage and/or loss relating to, but not limited to, deletion of content,loss of web traffic and for all aforementioned actions conducted by Cast Network referenced in these Terms of Service.

As a Member You may close your Cast Network account at anytime and for any reason by selecting "Close Account" in your account profile.

Upon closure of an account, Cast Network will end providing Services to you. All of your Service entitlements referenced in these Terms of Service will terminate instantly. You agree that Cast Network is not liable to you or any third party for the cessation of Services or your inability to utilize the Web Site or Services. You further agree that Cast Network has no other obligation to you whatsoever.

If your account is suspended, terminated or willfully canceled by you, this will not affect your obligations to Cast Network under these Terms of Service, including but not limited to ownership, indemnification and limitation of liability, which you hereby agree will survive such suspension, termination or cancellation.

5. Ownership of Materials

Cast Network and its Service is owned and operated by WAN TV,LLC. The visual interfaces, text, graphics, design, compilation, information,computer code, products, services, the look and feel of Cast Network and all other elements to include audible and visual or downloadable materials of Cast Network and its Services provided by CastNetwork.com (the "Materials") are protected by United States copyright, trade dress, patent, and trademark laws,international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for Member Content that is provided and owned by Members, Account Holders and/or Users, all Materials contained on Cast Network are the property of Cast Network or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to Cast Network or its affiliates and/or third-party licensors. Except as expressly authorized by Cast Network, you agree not to sell, license, distribute, copy, modify, publicly perform or display,transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. Cast Network reserves all rights not expressly granted in this Terms of Service.

Subject to your adherence to these Terms of Service Cast Network hereby grants you a personal, limited, non-exclusive, non-transferable,freely revocable license to utilize the Cast Network Service for the non-commercial viewing of authorized Member Content.

6. Member Content

"Member Content" is primarily defined as streaming audio or video content that is either Live or On Demand and is further defined in this paragraph. Member Content may be viewed by all Cast Network viewers at any time that it is made available by the Member. The Cast Network Service offers a simple way for its Members to produce,distribute and syndicate sanctioned live and prerecorded audiovisual Internet content. The Cast Network Service allows its Members to produce, upload, post or stream digital content including Audiovisual Content, text, chat and blogs, and any other content, including without limitation, videos, music, and images.Member Content is categorized and aggregated into a Cast Network "Channel" via the Cast Network Service. Member Content can be can be offered to Cast Network Users and other Members publicly, privately, free of charge and as pay-per-view.

Cast Network Service allows diverse Member Content to be exhibited in the Web Site and you understand that Cast Network is not responsible or liable for the truthfulness, integrity, accuracy, safety,license, rights or ownership of Member Content. Furthermore, you understand that some Member Content will be false, crude, offensive, obscene, immoral or shocking and you hereby waive any legal actions against Cast Network and hold Cast Network harmless for the same. Cast Network does not advocate,endorse or approve Member Content, Member's opinions, recommendations or theories and repudiates any and all liability with regard to Member Content. You hereby do waive any legal or equitable rights or remedies you may have against Cast Network and WAN TV, LLC with regard to the aforementioned and agree to indemnify and hold Cast Network, its owners, operators, affiliates,suppliers and licensors harmless regarding all matters relating to your content, Member Content and the utilization of Cast Network Services.

7. Content Rights and Ownership

Grant of License - Cast Network will not acquire ownership rights of the content that you submit. Though, when you participate with the Web Site and Services by making your content available on the Web Site, or by you submitting your content to the Website via any method, to include but not limited to:streaming, uploading, e-mailing, posting, publishing or broadcasting; you hereby formally grant Cast Network anon-exclusive, royalty free, perpetual and irrevocable right and full license to use, reproduce, modify, make derivative works from,perform, display, publish, syndicate, distribute, broadcast,sub license, and utilize that content in any manner whatsoever, at the sole discretion of Cast Network. You represent and warrant, that you have ownership, license(s), right(s) and permission(s) to grant the foregoing licenses to Cast Network. You understand and acknowledge that Cast Network will own all rights, title and interest in and to all derivative works of User submitted content or Member Content that is produced by Cast Network to include worldwide intellectual property rights. You further agree, upon request, to execute, deliver and/or provide such documents necessary for Cast Network to benefit from the licenses you've granted.

8. Prohibited Uses

The Web Site and Services are to be utilized for lawful purposes only. You agree to abide by all laws foreign and domestic in your use of the Web Site and Services. Furthermore, while accessing or using the Web Site Services, you agree not to:

Add to the Web Site any Member Content that violates any law, regulation, treaty, or third party right, to include trade secrets, privacy rights, publicity rights or intellectual properties.
Publicize false, misleading, defaming or damaging information that may adversely affect Cast Network or any other party.
Submit obscene, threatening, pornographic, overly erotic, harassing, racially offensive, libelous, content that endorses criminal behavior, or any content that, in Cast Network's sole discretion, is inappropriate.
Interfere, in anyway, with security features,private or restricted use areas, payment forms, server(s) or copy materials and/or content.
Publish any content on the Web Site that you do not have lawful license or rights to copy, broadcast, transmit,display, stream, e-mail or upload.
Make available on the Web Site; content that you donot have the approval, release, or written agreement of each individual included in the Member Content, to include but not limited to the person's name, voice, signature, video, photograph(s) or their likeness.
Make available on the Web Site; content that infringes on intellectual property rights, to include but not limited to trademarks, copyrights, patents, trade secrets or publicity rights.
Make available on the Web Site; content that breaches privacy rights.
Utilize the Web Site and Services for unauthorized advertising, solicitation, spam, multilevel marketing, petitions for signatures, charity requests or promotional services.
Impersonate others, deceive others with regard to your affiliation(s) with others.
Access Cast Network Service accounts that are not yours without the permission of the account holder "Member".
Misrepresent information associated with Member Content and/or any content linked to the Cast Network Service.
Perform any malicious or fraudulent action(s).
Utilize the Web Site or Services to transmit altered or false source identification information.
Engage in malicious actions such as submitting viruses, adware, spyware, worms, computer code, files or programs that interrupt, damage, interact, change or limit the functionality of any computer software, or impede any user, host, network or browser. This would include but not be limited to launching viruses, overloading servers or spamming the Web Site.
Submit content that has concealed computer code covertly enclosed that is extraneous or irrelevant to the submitted Member Content.
Cause disruptions or try to disrupt any part of the Web Site, its Service, its proper workings, or neglect to adhere to Cast Network polices and regulations.
Accumulate Web Site account holders information.
Lease, sell, resell, loan upon, sub license or transfer license made available herein.
Utilize the Web Site or Services outside of what is allowed by these Terms of Service.
Remove copyright notices from the Web Site and/or Member Content.
Instigate, encourage or advise others to engage in prohibited uses of the Web Site and Services and/or defy any provision of these Terms of Service.
Utilize any content made available on the Web Site for purposes other than personal and non-commercial use.
Inappropriately use the rating or commenting features on the Web Site

9. Copyrighted Materials

You hereby agree not to utilize the Web Site,Services, associated networks, vendors, affiliates or Cast Network servers to broadcast, transmit, connect to, store, host or stream any material that infringes copyrighted works. You also agree not to violate the intellectual property rights of any third party. Cast Network will close Member accounts that infringe or that it perceives to be infringing on copyright owners. (Please take time to view our Privacy Policy.)

10. Digital Millennium Copyright Act and Notification Guidelines

10.1 Notification of Copyright Infringement

If you are a copyright owner or an agent thereof,and you believe that any content made available on the Web Site(www.castnetwork.com), and/or any of its affiliate web sites,infringes upon your copyright(s), then you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing Cast Network's Designated Copyright Agent with the following information in writing (see 17 U.S.C. Section 512(c)(3) to verify requirements):

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Cast Network Web Site are covered by a single notification, a representative list of such works at that web site.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit castnetwork.com to locate the material.
Information reasonably sufficient to permit castnetwork.com to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

10.2 Counter-Notification of Copyright Infringement

If you elect to send us a counter notice, to be effective it must be a written communication that includes the following (please consult your legal counsel or see 17 U.S.C.Section 512(g)(3) to confirm these requirements):

Your physical or electronic signature.
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
The subscriber’s name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which Cast Network may be found, and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.

11. Continued Copyright Infringement

Cast Network reserves the right to terminate,without notice, any User, Account Holder or Member's access to the Web Site and Services if they are determined by Cast Network to be a repeat copyright infringer. ("Repeat Infringer")

12. Designated Copyright Agent

Cast Network's designated copyright agent to receive notifications and counter-notifications of claimed infringement is:

Keith Allen, Copyright Agent

Cast Network

8719 Melissa Meadows St.

Las Vegas, NV 89131, USA.

info@castnetwork.com

You accept and acknowledge that if you do not comply with all of the requirements of this section, your DMCA notice may not be valid.

13. User Interaction

You understand and acknowledge that you are solely responsible for any interaction you make with other Web Site Users,Account Holders or Members. Cast Network does not screen participants of the Web Site or its Services. Cast Network hereby disclaims any and all liability to you or any third party relating to any interaction you may have with others.

Cast Network reserves the right to contact its Users, Account Holders and Members to investigate one's cooperation with the policies set forth in these Terms of Service. You will assist Cast Network by cooperating in any investigation where suspected unlawful, fraudulent or abnormal activity may have occurred.

Cast Network may, at its sole discretion, review and/or record any communications or broadcasts to include audio, video, images or text that occurs on the Web Site or Services.

14. Embed Code

Cast Network offers an embed code that is dynamically created when Member Content is submitted to the Web Site and Services. When you add this embed code to the code of a different web site, it will propagate a Cast Network Player on such web site. Cast Network hereby grants you a limited,non-exclusive and revocable license to use such embed code and place it into web sites of your choice, with the understanding and acknowledgment that you are required to have permission to embed such embed code and that you ensure a prominent hyperlink back to the relevant web page in
www.castnetwork.com.

15. Third Parties

The Web Site and Services will have hyperlinks that will connect you to web sites and services that are not owned or operated by Cast Network. These third party locations and services will most likely have proprietary terms and conditions but may not. Cast Network does not agree with, endorse, recommend or presume safe any such third party entity to include but not limited to, their services, information, materials, products and/or ideas and hereby disclaims any liability associated with the same. You understand and acknowledge that any contact, business or dealings you undertake with any third party you engage as a result of being a User, Account Holder or Member of the Web Site and/or its Services both purposely or accidental will be at your own risk and solely your responsibility and you will hold Cast Network harmless for the same.

16. Disclaimer

Any Content on the Cast Network Service, including and without limitation, materials and Member Content are provided onan "As Is" basis, "As Available" basis without warranty. Whenyou use the Web Site, Services, Content, submitted Member Content,you do so at your own risk. Cast Network, its officers,employees, contractors, affiliates, agents and licensors make norepresentation and disclaim any and all warranties of any kindwhatsoever with regard to the Web Site, its Services, associatedcontent and submitted Member Content to you or any other person,including without limitation: warranties of title, merchantability,truthfulness, accuracy, functionality, fitness for a particularpurpose, non-infringement of third party intellectual property,non-infringement of proprietary rights, security, timeliness, courseof dealing or course of performance. No advice or information,whether oral or written, obtained by you, Cast Network or via itsServices will create any warranty. You understand and agreethat by using the Web Site and Services and/or any associated thirdparty web site(s) or service(s), you do so at your own discretion andrisk; and that you are solely responsible for any loss of data,material, damage to any software or hardware and any hardship thatmay be associated as a result of the foregoing; and that you holdCast Network harmless for the same. Some states do not allowthe exclusion of certain warranties and in such case Cast Network'sliability in those jurisdictions shall be limited to the extent permitted by the governing law.

17. Limitation ofLiability

In no event will Cast Network, its officers,employees, contractors, affiliates, agents or licensors, be liableto you for any damages whatsoever, including and without limitation,indirect, incidental, special, punitive or consequential damagesoccurring as a result of or in connection with your use of the WebSite, Services, Content, submitted Member Content or associatedthird parties or their services. In no event will Cast Network'scumulative liability to you ever exceed $100.

Cast Network reserves the right to change, remove orterminate any part of the Cast Network Service or content associatedwith or on the Cast Network Service, or to partially suspend, fullysuspend or discontinue your use in any way, for any reason and at anytime with no prior notice to you and will remain without liability forany consequences arising out of such actions. The foregoinglimitation of liabilities will always apply regardless of whether or notthe suspected liability is based on contract, tort, negligence or anyother reason whether any party has been made aware of the potential ofsuch damages.

18. Indemnification

You agree to indemnify, defend and hold harmlessCast Network, its officers, directors, employees, representatives,affiliates, agents, and assigns, past present and future, from andagainst any losses, claims, liabilities, damages and expenses toinclude without limitation any and all legal related fees, costsand/or expenses arising out of or in connection with:

your access to the Web Site and/or its Services,its Content or Submitted Member Content;
your violation of these Terms of Service;
your misuse of the Web Site and/or its Servicesand/or conduct therein;
your violation of any third party right, includingand without limitation any copyright, intellectual property right,privacy right, publicity, confidentiality, security; or any claim that you or your Member Content causeddamage to a third party;
your violation of any law.

You acknowledge and agree that Cast Networkreserves the right defend and maintain authority over any matter forwhich you are required to indemnify Cast Network, at your expenseand furthermore you agree to cooperate with Cast Network's defenseof any associated claim(s).

19. Assignment

These Terms of Use, and any rights and licensesgranted hereunder, may not be transferred or assigned by you, butmay be assigned by Cast Network without restriction or your consent.

20. Severability and Waiver

If any provision in these Terms of Service is heldto be invalid or unenforceable, the remaining provisions willremain in full force and effect. If Cast Network does notenforce any right, license or provision of these Terms of Service,this will not be deemed a relinquishment of claim of such right,license or provision.

21. Notice

Cast Network may provide you with notices or othercommunication in writing, by e-mail, regular mail, or postings onthe Web Site and the date of receipt of such notice or communicationwill be the date of transmission, e-mailing, mailing or posting. You may provide Cast Network notice via e-mail to support@castnetwork.com.

22. Governing Law and Forum

These Terms of Service and the relationshipbetween you and Cast Network shall be governed and construed inaccordance with the laws of the State of Nevada without regard toits conflict of any lawful provisions. You and Cast Network agreethat any dispute arising out of or relating to these Terms ofService will be subject to the exclusive jurisdiction of the courtslocated in Clark County, Nevada.

23. Headings

The heading references herein, do not constitute apart of these Terms, and will not be deemed to limit or affect anyof the provisions hereof.

24. Force Majeure

Cast Network is not liable for any delay orfailure in performance resulting directly or indirectly from causesbeyond its reasonable control, including, without limitation,failure of the Internet, computer viruses, denial of service orother malicious attacks, power failure, failure of computer,telecommunication or other equipment, strikes, labor disputes,riots, insurrections, civil disturbances, shortage of labor ormaterials, fires, floods, storms, explosions, acts of God, war,governmental actions, orders of domestic or foreign courts,non-performance of third parties.

25. No Agency

No agency, partnership, joint venture,employee-employer or franchiser-franchisee relationship is intendedor created by this Agreement.

26. Entire Agreement

This is the entire agreement between you and CastNetwork relating to the subject matter herein "Terms of Service" andthese Terms of Service supersede and replace any prior agreementsbetween Cast Network and you regarding the Web Site and Services.

27. Feedback and Ideas

Cast Network welcomes your feedback and ideas aswe wish to constantly improve our service for you. If youwould like to submit any feedback or ideas please e-mail us at
info@castnetwork.com. You understand, acknowledge and hereby agree that by submittingideas to Cast Network via any method or person you forfeit andtransfer all of your rights to any intellectual property rights,title and interested associated with such ideas to Cast Network andsuch rights become the property of Cast Network.

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