Terms of Use

The Terms of Use serves as the governing document for using this website.

1. Acceptance of terms of use and amendments
   Each time you use or cause access to this website (clarkcast.com) or use any other service provided by the Clarkcast you agree to be bound by these Terms of Use, as amended from time to time with or without notice to you. In addition, if you are using a particular service on this website or accessed via this website, you will be subject to any rules or guidelines applicable to those services, and they will be incorporated by reference within these Terms of Use. Furthermore, the Clarkcast reserves the right to ban access to any individual(s) for any reasons they see fit, particularly for violations of conduct described below in these Terms of Use.
2. Eligibility
   You may not use any service or product on this site if you are under 13. If you are between the ages of 13 and 17, parental consent is required to use this site, as per our Privacy Policy. If you are required to register as a sex offender in any jurisdiction, you are not permitted to use any service provided on this website.
3. Website service
   This website and the services provided to you on and via this website are provided on an "AS IS" basis. You agree that Clarkcast reserves the right to modify or discontinue provision of this website and its services, and to remove the data you provide, either temporarily or permanently, at any time, without notice and without any liability towards you. Clarkcast will not be held responsible or liable for timeliness, removal of information, failure to store information, inaccuracy of information, or improper delivery of information.
4. Privacy policy
   Personally-identifiable information that the site may collect is subject to the terms of the Privacy Policy.
5. Your conduct
   By using this website or any service provided, you explicitly agree that:

   1. you will not provide any content or conduct yourself in any way that may be construed as: unlawful; illegal; threatening; harmful; abusive; harassing; stalking; tortious; defamatory; libelous; vulgar; obscene; offensive; objectionable; pornographic; designed to interfere with or disrupt the operation of this website or any service provided; infected with a virus or other destructive or deleterious programming routine; giving rise to civil or criminal liability; or in violation of an applicable local, national or international law;
   2. you will not impersonate or misrepresent your association with any person or entity; you will not forge or otherwise seek to conceal or misrepresent the origin of any content provided by you;
   3. you will not collect or harvest any information about other users;
   4. you will not provide, and you will not use this website to provide, any content or service in any commercial manner, or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising or commerce; you will not use this website to promote or operate any service or content Clarkcast's prior written consent.
6. Submission of content on this website and broadcast
   By providing any content to this website or broadcast:

   1. you agree to grant Clarkcast a worldwide, royalty-free, perpetual, non-exclusive right and license (including any moral rights or other necessary rights) to use, broadcast, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate, and to create derivative works and compilations, in whole or in part. Such license will apply with respect to any form, media, technology already known at the time of provision or developed subsequently;
   2. you warrant and represent that you have all legal, moral, and other rights that may be necessary to grant Clarkcast the license specified in this section;
   3. you acknowledge and agree that Clarkcast will have the right (but not obligation) to refuse to publish, or to remove, or to block access to any content you provide, at any time and for any reason, with or without notice.
7. Third-party services
   Goods and services of third parties may be advertised and/or may be made available on or through this website. Representations made regarding products and services provided by third parties will be governed by the policies and representations made by these third parties. The Clarkcast will not in any manner be liable for or responsible for any of your dealings or interaction with third parties.
8. Ownership & Proprietary Rights
   All materials, content and trademarks on this site are the property of Clarkcast and/or its licensors and are protected by all relevant IP laws and other proprietary rights (including copyright, trademark, trade dress and patent laws) and any other applicable laws. Except as expressly authorized by the Clarkcast in writing, you agree not to use, sell, license, distribute, copy, publish, stream, publicly perform or display, transmit, reformat, modify, edit, frame, translate, excerpt, adapt, create derivative works or otherwise make unauthorized use of the materials, content or trademarks.
9. Indemnification
   You agree to indemnify and hold harmless Clarkcast, Matt Clark, officers, subsidiaries, affiliates, or related parties, from any claim or demand, including reasonable legal fees, that may be filed by any third party, arising out of your conduct or connection with this website or service, your provision of content, your violation of these Terms of Use, or any other violation by you of the rights of another person or party.
10. DISCLAIMER OF WARRANTIES
    YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEBSITE AND OF ANY SERVICES OR CONTENT PROVIDED (THE "SERVICE") IS AT YOUR OWN RISK. SERVICES AND CONTENT ARE PROVIDED TO YOU "AS IS", AND CLARKCAST EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
    CLARKCAST MAKES NO WARRANTY, EITHER IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OR OF ANY QUALITY, NOR IS IT WARRANTED EITHER IMPLICITLY OR EXPRESSLY THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER CLARKCAST NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT ANY ADVICE OR ANY OTHER INFORMATION OBTAINED VIA THIS WEBSITE MAY BE USED SOLELY AT YOUR OWN RISK, AND THAT THE CLARKCAST WILL NOT BE HELD LIABLE IN ANY WAY.
    Some jurisdictions may not allow disclaimers of implied warranties, and certain statements in the above disclaimer may not apply to you as regards implied warranties; the other terms and conditions remain enforceable notwithstanding.
11. LIMITATION OF LIABILITY
    YOU EXPRESSLY UNDERSTAND AND AGREE THAT CLARKCAST AND ITS MEMBERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES; THIS INCLUDES, BUT IS NOT LIMITED TO, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CLARKCAST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), GOODWILL, USE, RESULTING FROM (I) THE USE OF SERVICES OR THE INABILITY TO USE SERVICES, (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (III) STATEMENTS BY ANY THIRD PARTY OR CONDUCT OF ANY THIRD PARTY USING SERVICES, OR (IV) ANY OTHER MATTER RELATING TO SERVICES.
    In some jurisdictions, it is not permitted to limit liability and, therefore, such limitations may not apply to you.
12. Applicable law
    You agree that these Terms of Use and any dispute arising out of your use of this website or products or services provided will be governed by and construed in accordance with local laws applicable at the domicile of Clarkcast, notwithstanding any differences between the said applicable legislation and legislation in force at your location. By using this website and the services it provides, you accept that jurisdiction is granted to the courts having jurisdiction over Clarkcast's domicile, and that any disputes will be heard by the said courts.
13. Questions
    Please contact us with any questions you may have.

Last Updated: September 27, 2011