Welcome to the ChangeCast website, www.changecast.com (the “Site”). The Site is made available by ChangeCast, LLC, a California limited liability company (“ChangeCast,” “we,” or “us”), whose principal place of business is located at 4031 19th Street, San Francisco, CA. 94114 and who maintains an office in Mill Valley, California, United States of America.

The following constitutes the terms and conditions (the “Terms of Use”), Privacy Policy (the “Privacy Policy”), and Copyright Notice (the “Copyright Notice”) governing your use of the Site, including any subdomains thereof, and any goods, services, and/or content made available from or through the Site and any subdomains thereof. You may not use the Site if you are under the age of 13 without parental/guardian consent, and hereby represent and warrant that you are not under the age of 13 or that you have parental/guardian consent.

We may change the Terms of Use, Privacy Policy, and/or Copyright Notice from time-to-time by posting such changes on the Site. We encourage you to periodically review these Terms of Use, Privacy Policy, and Copyright Notice for revisions. These Terms of Use, Privacy Policy, and Copyright Notice apply to anyone who visits or contributes to the Site. BY USING THE SITE, YOU ACCEPT AND AGREE TO THESE TERMS OF USE, PRIVACY POLICY, AND COPYRIGHT NOTICE AS APPLIED TO YOUR USE OF THE SITE. If you do not agree to these Terms of Use, the Privacy Policy, and/or the Copyright Notice, you may not access or otherwise use the Site or the services provided via the Site. If you have any questions about the Terms of Use, the Privacy Policy, and/or the Copyright Notice, please contact us. These Terms of Use, Privacy Policy, and Copyright Notice are effective as of May 15, 2013.

TERMS OF USE

1. Terms of Use. By using this Site you are bound by ChangeCast’s Terms of Use, Privacy Policy, and Copyright Notice. To read our Privacy Policy click here: Privacy. To read our Copyright Notice click here: Copyright.

2. Proprietary Rights. Using the Site does not give you any rights in the content you access. ChangeCast owns all intellectual property rights in and to the content of its Site. For the purposes of these Terms of Use, the term “content” shall mean all text, graphics, images, materials, or other content posted on, displayed by, or offered on or through the Site. More specifically, as between you and us, we own, solely and exclusively, all rights, title and interest in and to the Site, all the content, code, data, and materials, the look and feel, design and organization of the Site, and the compilation of the content, code, data, and materials on the Site, including, but not limited to, any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights, and other intellectual property and proprietary rights therein. To the extent that we do not own material contained on the Site, we have secured a license from the owner or licensor of such material granting us the right to display such content in the manner displayed on the Site. Your use of the Site does not grant to you ownership of any kind in any content, code, data, or materials you may access on or through the Site. Except as provided in these Terms of Use, you agree not to use, modify, reproduce, distribute, sell, license, or otherwise exploit ChangeCast’s content without ChangeCast’s explicit prior written permission.

3. Limited License. You may access and view the content on the Site, and make single copies or prints of the content on the Site, at your own risk and for your personal, non-commercial, and internal use only. Use of the Site and the products and services offered by the Site, are only for your personal, non-commercial use. You may not use the Site for commercial purposes or in any way that is unlawful, harassing, or intimidating, or harms us or any other person or entity, as determined in our sole discretion.

4. Prohibited Use. Any commercial or promotional distribution, publishing, or exploitation of the Site, or any content, code, data, or materials on the Site, is strictly prohibited unless you have received the express prior written permission from authorized personnel of ChangeCast or the otherwise applicable rights holder. Other than as expressly allowed herein, you may not download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell, or otherwise exploit any content, code, data, or materials on or available through the Site. You further agree that you may not alter, edit, delete, remove, otherwise change the meaning or appearance of, or repurpose any of the content, code, data, or other materials on or made available through the Site (this includes, without limitation, the alteration or removal of any Trademarks (as defined in Section 5 below) or any other proprietary content or proprietary rights). If you make other use of the Site, or the content, code, data, or materials thereon, except as otherwise provided above, you may be subject to liability for such unauthorized use, including, without limitation, for violations of copyright, trademark, and other applicable laws.

5. Trademarks. The trademarks, logos, service marks, and trade names (collectively the “Trademarks”) displayed on the Site, or on content available through the Site, are registered and unregistered Trademarks of ours and others and may not be used in connection with products and/or services that are not related to, associated with, or sponsored by their rights holders, or that are likely to cause customer confusion, or in any manner that disparages or discredits the rights holders. All Trademarks not owned by us that appear on the Site or on or through the Site’s services, if any, are the property of their respective owners. Nothing contained on the Site grants, by implication, estoppel, or otherwise, or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Trademarks displayed on the Site without our written permission or that of the third party rights holder.

6. Personal Data. In the course of your use of the Site and/or the services made available on or through the Site, you may be asked to provide certain personal information to us such as your name and email address (“Personal Data”). If you provide Personal Data to us, you are required to furnish accurate information. You represent, warrant, acknowledge, and agree that you are solely responsible for the accuracy and content of the Personal Data you provide us. ChangeCast’s Privacy Policy describes how we protect your privacy while you are on our Site. Our Privacy Policy, which is incorporated herein by reference for all purposes, explains what information, including Personal Data, which we collect, how we collect it, and how we use it. To read our Privacy Policy click on the link here: Privacy.

7. Submission of Content to the Site. Unless specifically requested, we do not solicit, nor do we wish to receive, any confidential, secret, or proprietary information from you through the Site, via our social media feed that may be incorporated into the Site, by email, or in any other way. Any materials submitted by you, including all creative works (including, without limitation, text, photographs, graphics, audio, visual, and audiovisual content), demos, ideas, suggestions, concepts, methods, systems, designs, plans, techniques, or other materials (including, for example and without limitation, content that you submit or post to any message boards, review/ratings boards, and/or our blogs, social media sites, or send to us via email) (collectively, “Submitted Materials”) will be deemed not to be confidential or secret, and may be used by us in any manner consistent with the Privacy Policy located here: Privacy.

By submitting or sending Submitted Materials to us, you: (i) represent and warrant that the Submitted Materials are not confidential or secret, and no confidential or fiduciary relationship is intended or created between you and us in any way; and, you (ii) represent and warrant that the Submitted Materials are original to you, that no other party has any rights thereto, and that any “moral rights” in Submitted Materials have been waived, or that you have the copyright owner’s written permission to use any Submitted Materials.

You retain ownership of any intellectual property rights you have in your own Submitted Materials, but, by uploading Submitted Materials to the Site, you are granting ChangeCast and our affiliates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable, and sub-licensable right and license to use, host, store, copy, reproduce, modify, adapt, print, publish, translate, create derivative works or new works such as translations from, distribute, publish, publicly perform, display, and distribute such content (in whole or part), and/or to incorporate the content in other works in any form, media, or technology now known or later developed, including for promotional and/or commercial purposes, and to authorize others to do so.

If you submit a photograph to the Site, you also agree to, represent, and warrant the following: (i) you have the rights necessary to authorize us to use the photograph as permitted by these Terms of Use; (ii) you authorize us to use the photograph as permitted by these Terms of Use; (iii) you have obtained the necessary permissions, if any, for us to use the photograph in accordance with the Terms of Use; and (iv) the photograph has not been manipulated or altered in any manner so as to distort or misrepresent any individual or thing depicted in it.

You hereby appoint us as your agent with full power to enter into and execute any document and/or do any act we may consider appropriate to confirm the grant of rights, consents, agreements, assignments, and waivers set forth in these Terms of Use.

ChangeCast will not accept responsibility for any information included in any Submitted Materials created, transmitted, or posted by users (for example, without limitation, websites, tweets, blog posts, or any comments to blog posts created or posted by users). Such content is the sole responsibility of the individual or entity that makes it available on the Site. You alone are responsible for the content and consequences of any and all of your activities, and you submit Submitted Materials at your own risk. You don’t have any claims against ChangeCast for any Submitted Materials. We also cannot be responsible for maintaining any Submitted Materials that you provide to us. We may delete or destroy any Submitted Materials at any time, in our sole discretion.

ChangeCast will take down all content that violates another’s rights, including their copyrights, pursuant to the provisions of our Copyright Notice.

ChangeCast assumes no responsibility for intellectual property infringement of Submitted Materials by third parties.

8. Prohibited User Conduct. You may not submit any content to the Site that is false, defamatory, objectionable or otherwise illegal. You warrant and agree that, while using the Site and the services and features offered on or through the Site, you shall not: (a) impersonate any person or entity, whether actual or fictitious, including anyone from ChangeCast or its affiliates, or misrepresent your affiliation with any other person or entity; (b) insert your own or a third party’s advertising, branding, or other promotional content into any of the Site’s content or materials, or use, redistribute, reuse, republish, repurpose or otherwise exploit such content or service for any purpose or reason, including without limitation, further commercial or promotional purposes; (c) attempt to gain unauthorized access to other computer systems through the Site; or (d) use the Site or the services offered via the Site in any unlawful, harassing, or intimidating manner, or in any manner that harms us or any other person or entity, as determined in our sole discretion.

If ChangeCast has banned you from the Site, or any of the services on or available through the Site, for any reason, in its sole discretion, you may not return to the Site for any reason or in any manner. In the event that you do return, or attempt to return to the Site or a particular service offered by or through the Site after you have been banned, you will be deemed to have breached these Terms of Use, and ChangeCast reserves the right to pursue all rights and remedies available to it at law or in equity with respect to such breach.

9. Right to Monitor. ChangeCast reserves the right, but does not and shall not have an obligation, to monitor and/or to review all materials posted to the Site or through the Site’s services or features by users, including Submitted Materials. ChangeCast is not responsible for any failure to monitor, review, and/or delete any materials posted to the Site or through the Site’s services or features by users. However, ChangeCast reserves the right at all times to disclose any information as necessary or advisable to satisfy any law, regulation, or government request, and to edit, to refuse to post, or to remove any information or materials, in whole or in part, that, in ChangeCast’s sole discretion, are in violation of these Terms of Use or applicable law. We may also, without notice or liability, impose limits on certain features of the Site or restrict your access to part or all of the Site without notice or penalty if we believe you are in breach of the guidelines set forth in our Terms of Use or in violation of applicable law.

10. Termination. ChangeCast may terminate, change, suspend, or discontinue any aspect of the Site or the Site’s services (including, without limitation, content, features, or hours of availability), at any time and for any reason. ChangeCast may restrict, suspend, or terminate your access to all or part of the Site and/or its services, or impose limits on certain features of the Site, if we believe you are in violation of our Terms of Use or applicable law, or for any other reason without notice, penalty or liability. Once you have been banned from use of the Site, you may not thereafter use the Site under a new username or identity. ChangeCast maintains a policy to terminate the Site use privileges of users who repeatedly infringe the intellectual property rights of others (including those of ChangeCast).

11. Linking to the Site. You agree that if you include a link from any other site to the Site, such link shall link to the full version of an HTML formatted page of the Site. You are not permitted to link directly to any image hosted on the Site or our services via the Site, such as using an “in-line” linking method to cause the image hosted by us to be displayed on another Site. You agree not to link from any other site to this Site in any manner such that the Site, or any page of the Site, is “framed,” surrounded, or obfuscated by any third party content, materials or branding. We reserve all of our rights under the law to insist that any link to the Site be discontinued, that the link opens in a new browser window, and/or to revoke your right to link to the Site from any other site at any time upon written notice to you.

12. Indemnification. By using the Site, you acknowledge and agree that, in the event that it becomes necessary or advisable for us to defend ourselves in a court of law or otherwise, with respect to your engaging in any prohibited user conduct, as described herein, we may rely on your representations and warranties contained herein. By submitting or posting any Personal Data, photograph(s), and/or Submitted Materials, you acknowledge and agree that, in the event that it becomes necessary or advisable for us to defend ourselves in a court of law or otherwise, with respect to any such Personal Data, photograph(s), and/or Submitted Materials, we may rely on your representations and warranties contained herein. To the extent permitted by law, you agree to defend, indemnify and hold harmless ChangeCast, its directors, officers, employees, suppliers, distributors, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, debt, and expenses, including reasonable attorneys’ fees and other costs of enforcing these Terms of Use, arising in any way from: (i) your use of and access to the Site; (ii) your submission of Personal Data, photograph(s), and/or Submitted Materials; (iii) your placement or transmission of any message, content, information, software, or other materials on or through the Site; (iv) your breach or violation of the law or of these Terms of Use; (v) your violation of any third party right, including any copyright, intellectual property, or privacy rights; and/or (iv) any claim that your content caused damage to a third party. ChangeCast reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with ChangeCast’s defense of such claim.

13. Orders for Products and Services. We may make certain products and/or services available to visitors of the Site. You may only order products if, and you hereby represent and warrant that, you are 18 years old or older. You agree to pay in full the prices for any purchases you make either by credit/debit card or PayPal® concurrent with your online order, or by other payment means acceptable to ChangeCast. You agree to pay all applicable taxes. Orders from outside of California, United States of America, WILL NOT be charged sales tax. Orders within the state of California will be charged 8.25% sales tax. If payment is not received by us from your credit or debit card issuer or its agents, or PayPal®, you agree to pay all amounts due upon demand by us. Certain products or services that you purchase and/or download on or through the Site may be subject to additional terms and conditions presented to you at the time of such purchase or download or thereafter.

If you choose to pay by credit or debit cards, our customer checkout form requires billing information that corresponds with your credit/debit card to protect us and the public against credit card fraud. ChangeCast uses commercially reasonable efforts to ensure protection of your data including industry-standard encryption and offline security methods in our physical facilities.

All sales are final, we do not offer refunds for items purchased on our Site. If there is a physical problem with the product please contact info@changecast.com.

ChangeCast will make every effort to ship any items purchased through the Site from our offices in San Francisco, California, United States of America, as quickly as possible from the date of payment. All packages are sent via United States Postal Service. Shipping fees are included in the original price of all products sold on the Site.

14. Third Party Sites. You may be able to link from the Site to third party sites that take you outside of our service, and third party sites may link to the Site (“Linked Sites”). For example, if you click on a banner advertisement or a search result, the click may take you off the Site, or you may click on a portion of the Site that brings you to a third-party Site, like Paypal®. This includes links from advertisers, sponsors, and content partners that may use our Trademarks as part of a co-branding relationship. You acknowledge and agree that ChangeCast has no responsibility for the information, content, products, services, advertising, code, or other materials that may or may not be provided by or through Linked Sites, even if they are owned or run by affiliates of ours, and you rely on the same at your own risk. Such Linked Sites are not under our control, and links to other sites are provided solely for the convenience of users. You acknowledge that when you click on a link that leaves the Site, the site you will land on is not controlled by us and different Terms of Use, copyright notice procedures, and privacy policies may apply. By clicking on links to other sites, you acknowledge that we are not responsible for those sites. We reserve the right to disable links from third-party sites to the Site, although we are under no obligation to do so. Links to Linked Sites do not constitute an endorsement or sponsorship by us of such sites or the information, content, products, services, advertising, code, or other materials presented on or through such sites. Also, ChangeCast is not responsible for any form of transmission received from any Linked Site.

15. LIMITATION OF LIABILITY. IN NO EVENT, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, SHALL CHANGECAST, ANY MEMBER OF CHANGECAST, OR ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER ARISING OR RESULTING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO: (i) ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR FOR ANY LOSS OR DAMAGE OF ANY KIND AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, LINKED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE PROTECTED ENTITIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; (ii) ANY PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE; (iii) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (iv) THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS, SERVICES AND FUNCTIONS RELATED THERETO; (v) YOUR PROVISION OF INFORMATION VIA THE SITE, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (vi) ANY BUGS, SPYWARE, VIRUSES, WORMS, TROJAN HORSES, MALWARE, OR ANY OTHER MALICIOUS SOFTWARE THAT MAY INFECT YOUR EQUIPMENT ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE, OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO CONTENT, OR AUDIO CONTENT FROM THE SITE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS OF USE OR YOUR USE OF THE SITE AND/OR THE SERVICES PROVIDED VIA THE SITE EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO CHANGECAST FOR YOUR USE OF THE SITE, INCLUDING THE SERVICES PROVIDED VIA THE SITE. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.

16. WARRANTY DISCLAIMER. THE SITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS, PRODUCTS, AND MATERIALS PROVIDED THROUGH THE SITE, ARE PROVIDED “AS IS,” “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, PLAYABILITY, DISPLAYABILITY, ACCURACY, USEFULNESS, CORRECTNESS, PRECISION, THOROUGHNESS, COMPLETENESS, CONTENT, OR INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND CHANGECAST, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, AND DISTRIBUTORS HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE’S FEATURES, SERVICES, AND YOUR USE OF THE SAME.

CHANGECAST MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OF THE SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO CHANGECAST AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR: (i) ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR FOR ANY LOSS OR DAMAGE OF ANY KIND AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, LINKED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE PROTECTED ENTITIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; (ii) ANY PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE; (iii) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (iv) THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS, SERVICES AND FUNCTIONS RELATED THERETO; (v) YOUR PROVISION OF INFORMATION VIA THE SITE, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (vi) ANY BUGS, SPYWARE, VIRUSES, WORMS, TROJAN HORSES, MALWARE, OR ANY OTHER MALICIOUS SOFTWARE THAT MAY INFECT YOUR EQUIPMENT ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE, OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO CONTENT, OR AUDIO CONTENT FROM THE SITE.

NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

WE DO NOT WARRANT THAT THE SITE OR THE SERVICES, CONTENT, FUNCTIONS, OR MATERIALS PROVIDED THROUGH THE SITE WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE SITE OR PROVIDED SERVICES WILL MEET USERS’ REQUIREMENTS.

YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR OWN SOLE RISK AND CHANGECAST HAS NO LIABILITY FOR ANY LOSS CAUSED TO YOU DUE TO ANY AUTHORIZED ACCOUNT WITH CHANGECAST.

CHANGECAST ASSUMES NO RESPONSIBILITY FOR INTELLECTUAL PROPERTY INFRINGEMENT BY THIRD PARTIES OF ANY PERSONAL DATA, USER PHOTOGRAPHS, AND/OR SUBMITTED MATERIALS.

CHANGECAST DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED FEATURES, AND CHANGECAST 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.

WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION PROVIDED ON THE SITE AT ANY TIME AND WITHOUT ANY PRIOR WARNING. WE WILL NOT BE LIABLE FOR ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED ON THE SITE.

UNDER NO CIRCUMSTANCES DOES YOUR USE OF THE SITE FORM ANY RELATIONSHIP, WHETHER IMPLIED OR EXPRESS, WITH CHANGECAST. CHANGECAST HEREBY DISCLAIMS ANY SUCH RELATIONSHIP AND ANY LIABILITY ARISING AS A RESULT OF ITS USE OF ANY CONTENT, INCLUDING, WITHOUT LIMITATION, MESSAGES, COMMENTS OR CONTRIBUTIONS, CONTAINED ON THE SITE.

WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, CHANGECAST AND ITS AFFILIATES, SUPPLIERS, AND LICENSORS MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES PROVIDED VIA THE SITE, AND HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS, AND OTHERWISE ON THE SITE OR IN CORRESPONDENCE WITH CHANGECAST OR ITS AGENTS.

17. Applicable Laws. We control and operate the Site from our offices in Mill Valley, California, United States of America. We do not represent that materials on the Site, and/or the services offered through the Site, are appropriate or available for use in other locations. You agree that the Site shall be deemed solely based in Mill Valley, California, United States of America. Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws if and to the extent local laws are applicable. All parties to these Terms of Use waive their respective rights to a trial by jury. You and ChangeCast each agree that these Terms of Use, the incorporated Privacy Policy and Copyright Notice, and the relationship between us shall be governed by the laws of the State of California without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to these Terms of Use, or the relationship between you and ChangeCast, shall be brought exclusively in the courts located in the county of Marin, California, or the U.S. District Court for the Northern District of California. You and ChangeCast agree to submit to the personal jurisdiction of the courts located within the county of Marin, California, or the Northern District of California, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts. You agree that the Site shall be deemed a passive service provider that does not give rise to personal jurisdiction over ChangeCast, either specific or general, in jurisdictions other than California.

18. Changes to Terms of Use. ChangeCast reserves the right, at its sole discretion, to change, modify, alter, update, add, or remove any portion of the Terms of Use, in whole or in part, at any time, and the services, features, links, and content offered on or through this Site at any time and from time-to-time without notice or further obligation to you. Changes in the Terms of Use will be effective when posted. Your continued use of the Site and/or the services made available on or through the Site after any changes to the Terms of Use are posted will be considered acceptance of those changes.

19. Miscellaneous. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term, and ChangeCast’s failure to assert any right under these Terms of Use shall not constitute a waiver of such right or provision. These Terms of Use, together with our Copyright Notice and Privacy Policy, shall constitute the entire agreement between you and ChangeCast concerning use of the Site. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, ChangeCast and you as a user of the Site nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.

COPYRIGHT NOTICE

This Copyright Notice describes ChangeCast, LLC’s (hereinafter, “ChangeCast,” “we,” or “us”) current policies and practices with regard to intellectual property rights in connection with the website, www.changecast.com, and any subdomains thereof (the “Site”).

ChangeCast respects the intellectual property rights of others and expects users of the Site to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your work has been copied in a way that constitutes copyright infringement, please send us a written communication that includes the following requirements pursuant to 17 U.S.C. § 512(c)(3) of the Digital Millennium Copyright Act (“DMCA”):

1. A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at the Site are covered by a single notification, a representative list of such works at the Site.

3. 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 ChangeCast to locate the material. Providing URLs is the best way to help ChangeCast to quickly locate the offending content.

4. Information reasonably sufficient to permit ChangeCast to contact you, such as an address, telephone number, and if available an email address at which you may be contacted.

5. 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.

6. 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.

We reserve the right to remove content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, ChangeCast will also terminate a user’s account if the user is determined to be a repeat infringer.

Our designated copyright agent for notice of alleged copyright infringement appearing on the Site is: Elizabeth J. Rest Hiaring + Smith, LLP 101 Lucas Valley Road, Suite 300 San Rafael, California 94903 United States of America Email: elizabeth@hiaringsmith.com

Please note that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages under Section 512(f) of the DMCA.

If, pursuant to the receipt of a copyright notice as set forth above, or otherwise, we remove or disable access to content, and you feel that the removal or disabled access was in error, you may send us a counter-notice. If you elect to send us a counter-notice, you must provide a written communication to ChangeCast’s designated agent (see above) that includes substantially the following:

1. Either a physical or electronic signature of the submitter.

2. 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.

3. A statement, under penalty of perjury, that the submitter has 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.

4. The submitter’s name, address and telephone number and a statement that the submitter consents to the jurisdiction of the Federal Court, Northern District of California, and that the submitter will accept service of process from the person who provided the notice under the DMCA of alleged infringement, or an agent of that person.