AWCAST.COM LLC - TERMS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES OFFERED BY AWCAST.COM LLC . USE OF THIS SITE CONSTITUTES ACCEPTANCE OF THESE TERMS OF USE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF USE, DO NOT ENGAGE THIS WEBSITE OR THIS SERVICE, AND YOU WILL NOT HAVE ANY RIGHT TO USE THE SERVICES OFFERED BY AWCAST.COM LLC. AWCAST.COM LLC'S FURNISHING SERVICES TO YOU ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR AGREEING TO ALL THE TERMS AND CONDITIONS OF THESE TERMS OF USE. IF THESE TERMS OF USE ARE CONSIDERED AN OFFER BY AWCAST.COM LLC, AWCAST.COM LLC'S ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.

This website provides live video streaming, video archives, and other services, all of which are provided free to users. Because the service is free, users must agree that the service is provided "as is", without any warranty express or implied, and that AWCAST.COM LLC will have no liability or responsibility to any user in connection with the services provided at AWCAST.COM LLC, as more fully described below.

1. Use of AWCAST.COM LLC Website
These Terms of Use apply to all users of the AWCAST.COM LLC Website, including users who are also contributors of audio and video content, information, and other materials or services on the Website. The AWCAST.COM LLC Website may contain links to third party websites that are not owned or controlled by AWCAST.COM LLC. AWCAST.COM LLC has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, AWCAST.COM LLC will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve AWCAST.COM LLC from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the AWCAST.COM LLC Website and to read the terms and conditions and privacy policy of each other website that you visit. In addition you agree that AWCAST.COM LLC can and will on occasion send information emails to it's signups.

2. Website Access
A. AWCAST.COM LLC hereby grants you permission to use the Website as set forth in these Terms of Use provided that: (i) your use of the Website as permitted is solely for your personal, noncommercial use; commercial content can be displayed by prior written authorization by AWCAST.COM LLC ONLY (ii) you will not copy or distribute any part of the Website in any medium without AWCAST.COM LLC's prior written authorization; (iii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Use.
B. In order to access some features of the Website, you will have to create an account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify AWCAST.COM LLC immediately of any breach of security or unauthorized use of your account. Although AWCAST.COM LLC will not be liable for your losses caused by any unauthorized use of your account, you will be responsible for the losses of AWCAST.COM LLC or others due to such unauthorized use.
C. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Website in a manner that sends more request messages to the AWCAST.COM LLC servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, AWCAST.COM LLC grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. AWCAST.COM LLC reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.

3. Intellectual Property Rights
The content on the AWCAST.COM LLC Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to AWCAST.COM LLC subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. AWCAST.COM LLC reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the AWCAST.COM LLC Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the AWCAST.COM LLC Website or the Content therein.

4. User Submissions
A. The AWCAST.COM LLC Website may now or in the future permit the submission of audio or videos or other communications submitted by you and other users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, AWCAST.COM LLC does not guarantee any confidentiality with respect to any submissions.
B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize AWCAST.COM LLC to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Use; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Use. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to AWCAST.COM LLC, you hereby grant AWCAST.COM LLC a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the AWCAST.COM LLC Website and AWCAST.COM LLC's (and its successor's) business, including without limitation for promoting and redistributing part or all of the AWCAST.COM LLC Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the AWCAST.COM LLC Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Use. The foregoing license granted by you terminates once you remove or delete a User Submission from the AWCAST.COM LLC Website; however AWCAST.COM LLC will have no liability for inadvertent use of such a User Submission, although it will use reasonable efforts to correct any errors after receiving written notice.
C. In connection with User Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant AWCAST.COM LLC all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage AWCAST.COM LLC or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business: (v) impersonate another person. AWCAST.COM LLC does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and expressly disclaims any and all liability in connection with User Submissions. AWCAST.COM LLC does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. AWCAST.COM LLC reserves the right to remove Content and User Submissions without prior notice. AWCAST.COM LLC will also terminate a User's access to its Website, if the user is determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website more than twice. AWCAST.COM LLC also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Use and to determine violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. AWCAST.COM LLC may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Use at any time, without prior notice and at its sole discretion. AWCAST.COM LLC reserves the right to remove any Content or User Submission for Any Reason at Any Time without prior notice and at its sole discretion.
D. Any copyright owner or an agent thereof who believes that any User Submission or other content infringes upon copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing AWCAST.COM LLC's Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(iii) 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 the service provider to locate the material;
(iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
(v) 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; and
(vi) 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.
AWCAST.COM LLC's designated Copyright Agent to receive notifications of claimed infringement is: Bryan Simons, 217 West Main St. Cut Bank Montana, 59427 - email: legal@awcast.com, fax: 406-873-2695. For clarity, only DMCA notices should go to the Copyright Agent. You acknowledge that if you fail to comply with all of the requirements of this Section 4(D), your DMCA notice may not be valid.
E. You understand that when using the AWCAST.COM LLC Website, you will be exposed to User Submissions from a variety of sources, and that AWCAST.COM LLC is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against AWCAST.COM LLC with respect to your submissions and other User Submissions, and agree to indemnify and hold AWCAST.COM LLC, its Owners/Operators, affiliates, employees, directors, and licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
F. AWCAST.COM LLC permits you to link to materials on the AWCAST.COM LLC website for personal, non-commercial purposes only. AWCAST.COM LLC prohibits any links or "Embeddable Player" feature, from being incorporated into your own personal, commercial or non-commercial websites for use in accessing the materials. AWCAST.COM LLC reserves the right to discontinue any aspect of the AWCAST.COM LLC Website at any time.
G. You hereby acknowledge and agree that AWCAST.COM LLC will not be liable for any temporary delay, outages or interruptions of the Services. Further, AWCAST.COM LLC shall not be liable for any delay or failure to perform its obligations under this Agreement, where such delay or failure results from any act of God or other cause beyond its reasonable control (including, without limitation, any mechanical, electronic, communications or third-party supplier failure).

5. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE AWCAST.COM LLC WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, AWCAST.COM LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. AWCAST.COM LLC MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR 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 AWCAST.COM LLC WEBSITE. AWCAST.COM LLC DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE AWCAST.COM LLC WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND AWCAST.COM LLC WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

6. Limitation of Liability
IN NO EVENT SHALL AWCAST.COM LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE AWCAST.COM LLC WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE AWCAST.COM LLC IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT AWCAST.COM LLC SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by AWCAST.COM LLC from its facilities in the United States of America. AWCAST.COM LLC makes no representations that the AWCAST.COM LLC Website is appropriate or available for use in other locations. Those who access or use the AWCAST.COM LLC Website from other jurisdictions do so at their own volition and risk, and are responsible for compliance with local law.

7. Indemnity
You agree to defend, indemnify and hold harmless AWCAST.COM LLC, its affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the AWCAST.COM LLC Website; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the AWCAST.COM LLC Website.

8. Ability to Accept Terms of USE
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with them. You also affirm that you are over the age of 13, as the AWCAST.COM LLC Website is not intended for children under 13. (If you are under 13 years of age, then please do not use the AWCAST.COM LLC Website.

9. Assignment
These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by AWCAST.COM LLC without restriction.

10. General
You agree that: (i) the AWCAST.COM LLC Website shall be deemed solely based in Massachusetts; and (ii) the AWCAST.COM LLC Website shall be deemed a passive website that does not give rise to personal jurisdiction over AWCAST.COM LLC, either specific or general, in jurisdictions other than Massachusetts. These Terms of Use shall be governed by the internal substantive laws of the Commonwealth of Massachusetts, without respect to its conflict of laws principles. Any claim or dispute between you and AWCAST.COM LLC that arises in whole or in part from the AWCAST.COM LLC Website shall be decided exclusively by a court of competent jurisdiction located in the Eastern District of Massachusetts. These Terms of Use, together with the Privacy Notice at AWCAST.COM LLC and any other legal notices published by AWCAST.COM LLC on the Website, shall constitute the entire agreement between you and AWCAST.COM LLC concerning the AWCAST.COM LLC Website. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and AWCAST.COM LLC's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. AWCAST.COM LLC reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the AWCAST.COM LLC Website following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. YOU AND AWCAST.COM LLC AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE AWCAST.COM LLC WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.