Terms and Conditions

Terms of Use

Acceptance of Terms

Welcome to CastListing.com ("CastListing.com" or "us" or "we"). All services offered by CastListing.com, including your membership account, instant messaging, SMS messaging, member private email service, venue posting, VIP passes, job postings, photo uploads, press releases, discussion boards, event postings ("Events"), referral emails and any other future service offered from time to time on the CastListing.com website (each feature individually and collectively referred to as the "Service"), are covered by these terms of use. Please read them carefully. This Service is provided to individuals who are at least 18 years old or minors who have parental permission to open and maintain a membership. BY CLICKING THE "Register Now" BUTTON AND COMPLETING THE REGISTRATION PROCESS, YOU ARE STATING THAT YOU ARE ELIGIBLE FOR AN ACCOUNT AND THAT YOU AGREE TO BE LEGALLY BOUND BY ALL OF THESE TERMS OF USE OF THE SERVICE ("Terms of Use" or "TOS"). If you do not agree to these Terms of Use, do not use or access the Service. CastListing.com reserves the right to change these Terms of Use from time to time and at its sole discretion.

Unless explicitly stated otherwise, any new features that augment or enhance the Service, shall be subject to the TOS. You understand and agree that the Service is provided AS-IS and that CastListing.com assumes no responsibility for the timeliness, deletion, misdelivery or failure to store any user communications or personalization settings. Your continued use of the Service following the posting of any changes to the Terms of Use constitutes your acceptance of such changes.

1. Permitted Use

The Service is for your personal and non-commercial use. Unless otherwise agreed to in writing by CastListing.com, you agree that you will not use the Service or duplicate, download, publish, modify or otherwise distribute or use any material included in the Service for any purpose, except to review the information included in the Service, to subscribe to programs included in the Service, or other products offered by CastListing.com for your personal use. You also agree that you will not link to any page on the Service other than CastListing.com's home page (for example, "deep linking"), without CastListing.com's prior written consent. Use of the Service or the materials or content contained in the Service for any purpose not set forth in these Terms of Use is prohibited.

2. Registration, Accounts and Passwords

You agree to (1) provide true, accurate, current and complete data about yourself on the CastListing.com registration form ("Registration Data") and (2) promptly update the Registration Data to keep it true, accurate, current and complete. If you fail to do any of these things, CastListing.com will have the right to suspend or terminate your use of the Service and/or terminate your account. You will receive a password and account upon completing the registration form. You are solely responsible for maintaining the confidentiality of your password and account, and you are solely responsible for all use of your password or account, whether authorized by you or not. You agree to (a) immediately notify CastListing.com of any unauthorized use of your password or account or any other breach of security and (b) ensure that you exit from your account each time you use the Service. Access and use of password protected and/or secure areas of the Service is restricted to users who have been given a valid password by CastListing.com. Unauthorized individuals attempting to access these areas of the Service may be subject to prosecution.

3. Privacy Policy

Your use of the Service is governed by the CastListing.com Privacy Policy located at [link], which is incorporated by this reference. You agree to CastListing.com's collection, use and sharing of your information as set forth in the CastListing.com Privacy Policy. CastListing.com respects the privacy of its members. CastListing.com will not monitor, edit, or disclose any personal information about you or your use of the Service, including its contents, without your prior permission unless CastListing.com has a good faith belief that such action is necessary to:

• conform to legal requirements or comply with legal process;
• protect and defend the rights or property of CastListing.com;
• enforce the TOS; or
• act to protect the interests of CastListing.com members or others.

You agree that CastListing.com may access your account, including its contents, as stated above or to respond to service or technical issues.

4. User Conduct

You agree that you will not use the Service to upload, post, or otherwise distribute or facilitate distribution of any material that (1) is libelous, defamatory or slanderous; (2) contains explicit sexual content (as determined in the sole discretion of CastListing.com); (3) does or may denigrate or offend any individual or group on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; (4) does or may threaten, abuse, harass, or invade the privacy of any third party; (5) infringes the rights of any third party, including, without limitation, patent, trademark, trade secret, copyright, right of publicity, or other proprietary rights; (6) condones, promotes, contains or links to warez, cracks, hacks or similar utilities or programs; (7) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as "spam"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling; (8) contains a software virus or any other computer code that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment, or to damage or obtain unauthorized access to any data or other information of any third party; (9) impersonates any person or entity, including any employee or representative of CastListing.com; or (10) violates any applicable law or these Terms of Use. You agree that you will not collect information about third parties via the Service or use any such information for the purpose of transmitting or facilitating transmission of unauthorized or unsolicited advertising, junk or bulk e-mail, chain letters, or any other form of unauthorized solicitation. You agree that you will not engage in the systematic retrieval of data or other content from the Service to create or compile, directly or indirectly, a collection, compilation, database or directory, without CastListing.com's prior written consent. You agree not to take any actions for the purpose of manipulating or distorting, or that may undermine the integrity and accuracy of, any ratings or reviews of any Event, service or product that may be presented by the Service.

5. Grant of Limited License

If you post any content to the Service, you hereby grant CastListing.com and its affiliates and licensees a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, publicly display, publicly perform, modify, sublicense, and distribute such content, and incorporate it in other works, in whole or in part, in any manner and any media now known or hereafter developed. You represent and warrant that you own such content or otherwise have sufficient rights in the content to grant to CastListing.com the license set forth in this section without infringing or violating the rights of any third party.

6. Copyrights

CastListing.com respects the intellectual property of others, and we ask our users to do the same. If notified of allegedly infringing, defamatory, damaging, illegal, or offensive content, CastListing.com may, in its sole discretion, investigate the allegation and/or edit, remove or request the removal of such content. Notwithstanding the foregoing, CastListing.com does not ensure that any such content will be edited or removed. CastListing.com may terminate the accounts of users who infringe the intellectual property rights of others. Therefore, and in compliance with 17 U.S.C.A§ 512, if you believe that any such third party materials infringe your intellectual property rights, please contact the following agent to request a review of the alleged infringement: CastListing.com, [c/o CastLising.com, Attn: President, 9450 Mira Mesa Blvd #313, San Diego, CA 92126.

7. Proprietary Rights

CastListing.com owns all right, title and interest in and to the Service and all materials and content contained in the Service, including, without limitation, all content, site design, logos, button icons, images, digital downloads, data compilations, text, and graphics are protected by copyright, trademark and other intellectual property laws. Any unauthorized use of the materials provided as part of the Service is strictly prohibited. Permission is granted to individual consumers to electronically copy and to print hard copy portions of the Site or other Service solely for personal use. Any other use of materials on the Site or other Service, including reproduction for purposes other than those noted above, modification, distribution, or republication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of CastListing.com is strictly prohibited. You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our Web pages or the content contained therein without prior written permission of an authorized officer of CastListing.com. CastListing.com's service marks/trademarks may not be used in connection with any product or service that is not provided or authorized by CastListing.com, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits CastListing.com.

8. DISCLAIMER OF WARRANTIES

CASTLISTING.COM PROVIDES THE SERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS. CASTLISTING.COM, ITS AFFILIATES, AGENTS AND LICENSORS DISCLAIM ALL WARRANTIES AND CONDITIONS, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, CASTLISTING.COM MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED AND (vi) THE SERVICE WILL OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. YOUR USE OF THE SERVICE IS SOLELY AT YOUR RISK.

9. EXCLUSION OF DAMAGES

CASTLISTING.COM, AND ITS SUBSIDIARIES AND LICENSORS WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) OR ANY DAMAGES WHATSOEVER THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE SERVICE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND EVEN IF CASTLISTING.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. WITHOUT LIMITING THE FOREGOING, CASTLISTING.COM WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF (1) YOUR FAILURE TO COMPLY WITH SECTION 3 (REGISTRATION, ACCOUNTS AND PASSWORDS) OR (2) CONTENT POSTED TO THE SERVICE BY YOU OR ANY THIRD PARTY.

10. LIMITATION ON LIABILITY

IN NO EVENT WILL CASTLISTING.COM'S LIABILITY TO YOU IN CONNECTION WITH THE SERVICE OR THESE TERMS OF USE EXCEED THE AMOUNT PAID BY YOU TO CASTLISTING.COM IN THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT WHICH GAVE RISE TO THE LIABILITY.

11. APPLICABILITY OF DISCLAIMERS, EXCLUSIONS AND LIMITS

BECAUSE SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF DAMAGES, CASTLISTING.COM'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY THE LAW OF SUCH JURISDICTION. IN ADDITION, BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES, THE DISCLAIMERS SET FORTH IN SECTION 10 MAY NOT APPLY TO YOU.

13. THIRD-PARTY WEB SITES

THE THIRD-PARTY WEB SITES LINKED TO OR FROM THE SERVICE ARE NOT CONTROLLED BY CASTLISTING.COM. ACCORDINGLY, CASTLISTING.COM MAKES NO WARRANTIES OR CONDITIONS REGARDING SUCH THIRD-PARTY WEB SITES AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR USE OF OR RELIANCE ON SUCH WEB SITES. YOUR USE OF THIRD-PARTY WEB SITES IS AT YOUR OWN RISK. THE INCLUSION ON THE SERVICE OF A LINK TO A THIRD-PARTY WEB SITE DOES NOT IMPLY AN ENDORSEMENT BY CASTLISTING.COM.

14. Indemnification

You will indemnify and hold harmless CastListing.com and its representatives, agents, affiliates, directors, officers, employees, managers, members and shareholders (the "Indemnified Parties"), and at CastListing.com's option defend the Indemnified Parties, from and against any damage, loss, cost or expense (including without limitation, legal fees and costs) incurred in connection with any third-party claim, demand, proceeding or action ("Claim") brought against any of the Indemnified Parties arising out of your use of the Service or any alleged breach by you of any provision of these Terms of Use. If you are obligated to indemnify CastListing.com, CastListing.com may, in its sole and absolute discretion, control the defense and disposition (including its possible settlement) of any Claim at your sole cost and expense. Without limitation of the foregoing, you will not settle, compromise or in any other manner dispose of any Claim without the written consent of CastListing.com.

15. Termination

In its sole and absolute discretion, with or without notice to you, CastListing.com may (1) suspend or terminate your use of the Service, or (2) terminate your account. You may terminate your account for any reason by emailing CastListing.com at unsubscribe@CastListing.com. CastListing.com shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension of the Service.

16. General

The TOS constitutes the entire agreement between you and CastListing.com and governs your use of the Service, superseding any prior agreements between you and CastListing.com. You also may be subject to additional terms and conditions that may apply when you use affiliate services or third-party information. The TOS and the provision of Service to you are governed by the laws of the state of California, U.S.A as such laws are applied to agreements entered into and to be performed entirely within California by California residents. Any controversy or claim arising out of or relating to the TOS or the provision of Service shall be finally settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in San Diego, California, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. However, you and CastListing.com agree to submit to the personal jurisdiction of the courts located within the city and county of San Diego, California. Either you or CastListing.com may seek any interim or preliminary relief from a court of competent jurisdiction in San Diego, California necessary to protect the rights or property of you or CastListing.com (or its agents, suppliers, and subcontractors) pending the completion of arbitration. No failure or delay by CastListing.com in exercising any right, power or privilege under these Terms of Use will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under these Terms of Use. The invalidity or unenforceability of any provision of these Terms of Use will not affect the validity or enforceability of any other provision, all of which will 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, related to or connected with the use of the Service or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. These Terms of Use represent the entire understanding of the parties regarding its subject matter, and supersede all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. These terms and conditions are binding upon and shall ensure to the benefit of both parties and their respective successors, heirs, executor, administrators, personal representatives and permitted assigns. You shall not assign your rights or obligations hereunder without CastListing.com's prior written consent.