Terms of Service

1. Acceptance of Terms

GlobeCast Media ("we," "us," or "our") provides its services to you subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. By accessing and using GlobeCast Media services, you accept and agree to be bound by the terms and provision of the TOS.

In addition, when using particular GlobeCast Media owned or operated services, you and GlobeCast Media shall be subject to any posted guidelines or rules applicable to such services, which may be posted and modified from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.

2. Description of Services

GlobeCast Media provides users with access to a rich collection of resources, including various communications tools, forums, shopping services, personalized content, and branded programming through its network of properties which may be accessed through any various medium or device now known or hereafter developed.

You understand and agree that the Service may include advertisements and that these advertisements are necessary for GlobeCast Media to provide the Service. You also understand and agree that the Service may include certain communications from GlobeCast Media, such as service announcements, administrative messages, and newsletter communications, and that these communications are considered part of GlobeCast Media membership and you will not be able to opt out of receiving them.

Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new GlobeCast Media properties, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that GlobeCast Media assumes no responsibility for the timeliness, deletion, mis-delivery, or failure to store any user communications or personalization settings.

3. User Registration

In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to:

1. Provide true, accurate, current, and complete information about yourself as prompted by the Service's registration form (the "Registration Data")
2. Maintain and promptly update the Registration Data to keep it true, accurate, current, and complete
3. Not use the Service for any illegal purpose or in violation of any laws in your jurisdiction
4. Not use the Service to harass, abuse, or harm another person
5. Not use the Service to create multiple accounts for the purpose of misleading others

If you provide any information that is untrue, inaccurate, not current, or incomplete, or GlobeCast Media has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, GlobeCast Media has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

4. User Content and Conduct

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated.

You agree to not use the Service to:

• Upload, post, email, transmit, or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable
• Impersonate any person or entity, including, but not limited to, a GlobeCast Media official, forum leader, guide, or host, or falsely state or otherwise misrepresent your affiliation with a person or entity
• Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service
• Upload, post, email, transmit, or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships
• Upload, post, email, transmit, or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party
• Upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation
• Upload, post, email, transmit, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment
• Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service
• Intentionally or unintentionally violate any applicable local, state, national, or international law
• "Stalk" or otherwise harass another user of the Service
• Collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs above

You acknowledge that GlobeCast Media may or may not pre-screen Content, but that GlobeCast Media and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, GlobeCast Media and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable.

5. Intellectual Property Rights

You acknowledge that GlobeCast Media owns all right, title, and interest in and to the Service, including without limitation all intellectual property rights, and such rights are protected by U.S. and international intellectual property laws. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service.

The GlobeCast Media logo and other GlobeCast Media trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or registered trademarks of GlobeCast Media. Other trademarks, service marks, graphics, and logos used in connection with the Service may be the trademarks of their respective owners.

Subject to these Terms, GlobeCast Media grants you a limited, non-exclusive, non-transferable, and revocable license to use our Services for their intended purposes. You agree not to use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, or otherwise exploit the Services, except as expressly permitted by GlobeCast Media.

6. Third-Party Content and Links

The GlobeCast Media Services may contain links to third-party websites or resources. You acknowledge and agree that GlobeCast Media is not responsible or liable for:

1. The availability or accuracy of such websites or resources
2. The content, products, or services on or available from such websites or resources

Links to such websites or resources do not imply any endorsement by GlobeCast Media of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

7. Privacy Policy

Your privacy is important to us. Our Privacy Policy explains how we collect, use, and protect your personal information. By using the Service, you agree to the collection and use of information in accordance with our Privacy Policy.

Please review our Privacy Policy to understand our practices. The Privacy Policy is incorporated into these Terms by this reference.

8. Termination

You agree that GlobeCast Media may, under certain circumstances and without prior notice, immediately terminate your GlobeCast Media account and access to the Service. Cause for such termination shall include, but not be limited to:

• Violations of the TOS or other incorporated agreements or guidelines
• Requests by law enforcement or other government agencies
• Discontinuance or material modification to the Service (or any part thereof)
• Unexpected technical or security issues or problems
• Extended periods of inactivity
• Engagement by you in fraudulent or illegal activities

Termination of your GlobeCast Media account includes:

1. Removal of access to all offerings within the Service
2. Deletion of your password and all related information, files, and content associated with or inside your account (or any part thereof)
3. Barring of further use of the Service

You agree that all terminations for cause shall be made in GlobeCast Media's sole discretion and that GlobeCast Media shall not be liable to you or any third party for any termination of your account or access to the Service.

9. Disclaimer of Warranties

You expressly understand and agree that your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. GlobeCast Media expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

GlobeCast Media makes no warranty that:

1. The service will meet your requirements
2. The service will be uninterrupted, timely, secure, or error-free
3. The results that may be obtained from the use of the service will be accurate or reliable
4. The quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations
5. Any errors in the software will be corrected

Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

10. Limitation of Liability

You expressly understand and agree that GlobeCast Media shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses (even if GlobeCast Media has been advised of the possibility of such damages), resulting from:

• The use or the inability to use the service
• The cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained or messages received or transactions entered into through or from the service
• Unauthorized access to or alteration of your transmissions or data
• Statements or conduct of any third party on the service
• Any other matter relating to the service

In no event shall GlobeCast Media's total liability to you for all damages, losses, and causes of action (whether in contract, tort (including negligence), or otherwise) exceed the amount paid by you, if any, for accessing the service.

11. Indemnification

You agree to indemnify, defend, and hold harmless GlobeCast Media, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third-party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Service, your violation of these Terms of Service, or your infringement of any intellectual property or other right of any person or entity.

GlobeCast Media will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

12. Changes to Terms

GlobeCast Media reserves the right to modify these Terms of Service at any time. We will do so by posting updated Terms on the GlobeCast Media website. If we make significant changes, we will make efforts to notify you by email or by posting a prominent notice on our website.

Your continued use of the Service after such modifications will constitute your acknowledgment of the modified Terms and your agreement to abide and be bound by the modified Terms.

13. Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions.

You agree that any legal action or proceeding between you and GlobeCast Media will be brought exclusively in a federal or state court of competent jurisdiction sitting in New York County, New York.

14. Contact Information

Questions about the Terms of Service should be sent to us at legal@globecastmedia.com or at our mailing address:

GlobeCast Media
Attn: Legal Department
1234 Media Circle
New York, NY 10001
USA