Effective September, 2006.
ACCEPTANCE OF TERMS
Thank you for using LightCastMedia.com web site or any other Light Cast Media product ("Service"), a service of Light Cast Media, LLC ("Light Cast Media"), you are agreeing to the following terms and conditions ("Terms of Service").
Light Cast Media reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://www.lightcastmedia/terms.php.
Some materials, including graphic files, audio files, video files, movies, text, hyperlinks, interlinks, search engines, and other content that are provided through the Services and Website (the "Content") are intended only for those persons over the age of 13. As such, in order to register for the Services, you represent that you are at least 13 years of age or older. If you are under the age of 13, please do not register for the Services or use the Website.
Violation of any of these agreements will result in the termination of your Account. While Light Cast Media prohibits such conduct and Content on the Service, you understand and agree that Light Cast media cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.
The credit card that Account Holders provide as part of the Registration Data will be automatically and immediately billed. All currency references are in U.S. dollars. Please note, unless Light Cast Media gives notice to the contrary, payment for the Service is billed on a monthly or annually basis (as selected by the Accounts Holder) and is non-refundable. The Service is billed in advance on a monthly basis and is non-refundable.There will be no refunds or credits for partial months of service, or refunds for months unused with an open account. In fairness to everyone, no exceptions will be made. You will be billed as Light Cast Media, LLC.
B. UPGRADES AND DOWNGRADES
You will have the ability to upgrade or downgrade the Service at any time during the term. Such upgrade or downgrade will take effect immediately. For any upgrade in package level, the credit card that you provided as part of your Registration Data will automatically be charged. For any downgrade in package level, your credit card that you provided will automatically be charged the new rate on your next billing cycle. There will be no refunds or credits for partial months of service. The expiration/renewal date of Service will not change. Fees may not be credited towards other Services. All currency references are in U.S. dollars. Please note that downgrading your Service may cause the loss of content and/or features and Light Cast Media does not accept any liability for such loss.
C. CANCELLATION AND TERMINATION
If you cancel the Service before the end of the term, your cancellation will take effect immediately. After cancellation, you will no longer have access to your website and all information contained therein may be deleted by Light Cast Media. Light Cast Media accepts no liability for such deleted information or content. If your credit card is invalid for any reason, the Service may be cancelled and all the information contained within deleted permanently. Light Cast Media accepts no liability for information that is deleted due to an invalid credit card.
MODIFICATIONS TO THE SERVICE AND PRICES
Light Cast Media reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to LightCastMedia.com or the Service itself.
Light Cast Media shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
With respect to any additional software that may be made available by Light Cast Media in connection with the Service, if you elect to download or access such additional software, you understand that you may have to agree to additional terms and conditions before you use such software.
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
COPYRIGHT AND CONTENT OWNERSHIP
You may not use the Services or Website to help you infringe the copyrights of any third party. You agree that you shall only use the Services and Website in a manner that violates no third-party rights and that complies with all applicable laws in the jurisdiction in which you use the Services and Website, including, but not limited to, applicable restrictions concerning copyrights and other intellectual property rights. If you believe that any content appearing on the Services or Website has been copied in a way that constitutes copyright infringement, please inform LIght Cast Media immediately at our Contact Us page.
You shall, at your own expense, defend us, our suppliers, advertisers, broadcasters, content providers and/or affiliates against any third party claim, suit or proceeding ("Third Party Claim") brought against us, our suppliers, advertisers, broadcasters, content providers and/or affiliates which arises out of, results from or is related to any breach by you of these Terms of Service. You shall indemnify and hold us, our suppliers and our affiliates harmless from any damages (including reasonable attorney's fees) resulting from a Third Party Claim.
You acknowledge that the Services and Website are provided "AS IS" and "WITH ALL FAULTS." We, our suppliers, advertisers, broadcasters, content providers and affiliates make no warranty as to the Services, Website and/or their availability and the entire risk as to the quality and performance of the Services and Website is with you. You understands and agrees that the speed of the Service provided will vary depending upon a number of factors, including Customer's computer system(s) and associated equipment, Internet traffic, and other factors such as system capacity limitations, governmental actions, events beyond Service Providers control, and system failures, modifications, upgrades and repairs.
LIMITATION OF LIABILITY
Light Cast Media, its directors, employees, and affiliates shall be held blameless against, but not limited to, any loss of profits, and loss of business productivity, direct, indirect, incidental, punitive, and consequential damages due to, but not limited to, the service being unavailable, defective, or hijacked.
If any provision of this document shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this document is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, constructed, and enforced as so limited.
Please report any violations of the Terms of Service to our Contact Us page.