This
document is a legal agreement ("Agreement" hereafter) between
you and the New Media Casting network, Inc. ("the New Media Casting network")
describing the terms and conditions applicable to your use of this Web
site ("the New Media Casting network Web Site"). Please examine
this Agreement carefully and understand its contents fully before using the
New Media Casting network Web Site. By using the New Media Casting network
Web Site, you are agreeing to be legally bound by these terms and
conditions. If you represent a company or other entity, you also are
warranting that you are authorized to enter into this Agreement on
behalf of that party. (This Agreement pertains to any successor company
to the New Media Casting network, regardless of legal name).
GENERAL TERMS
Disclaimer
the New Media Casting network Web Site, www.the New Media Casting network, is
managed by the New Media Casting network and provided as a service to its
clients, customers, vendors and the general public. Users of this web
site are responsible for checking the accuracy, completeness, currency
and/or suitability of all information. the New Media Casting network makes no
representations, guarantees, or warranties as to the accuracy,
completeness, currency, or suitability of the information provided via
this the New Media Casting network Web Site. the New Media Casting network
specifically disclaims any and all liability for any claims or damages
that may result from providing the New Media Casting network Web Site or
the information it contains, including any web sites maintained by third
parties and linked to the New Media Casting network Web Site. The
responsibility for content rests with the organizations who are
providing the information. The inclusion of links from this the New Media Casting network
Web Site does not imply endorsement by the New Media Casting network. Specific
questions regarding a document should be directed to the appropriate
organization and not to the New Media Casting network webmaster. the New Media Casting network
makes no effort to independently verify, and does not exert editorial
control over, information on pages outside of the "www.the New Media Casting network"
domain. the New Media Casting network publishes the opinions of expert
authorities in many fields. The use of these opinions is no substitute
for legal, accounting, investment, and other professional services to
suit your specific personal needs. Always consult a competent
professional for answers to your specific questions.
Conduct Policy
the
New Media Casting network Web Site users shall not upload to, or distribute or otherwise publish
through, the New Media Casting network Web Site any content that is
libelous, defamatory, obscene, pornographic, abusive or violates any law
or standards of public decency, or which contains viruses,
"worms", "trojan horses" or any other harmful
properties, or use the New Media Casting network Web Site for, or to
further, any illegal, unethical or immoral purposes. Users shall not
post advertisements or solicit business on the New Media Casting network
Web Site without enrolling as an official member. All communications you
post to the New Media Casting network Web Site are considered to be
non-confidential. By posting communications to the New Media Casting network
Web Site, you automatically grant the New Media Casting network a royalty-free,
perpetual, irrevocable nonexclusive license to use, reproduce, modify,
publish, edit, translate, distribute, perform, and display the
communications alone or as part of other works in any form, media or
technology, whether now known or hereafter developed, and to sublicense
such rights through multiple tiers of sublicensees. As a user, you are
responsible for your own communications and are responsible for the
consequences of their posting. You agree to not do the following things:
post material that is copyrighted, unless you are the sole copyright
owner or have the permission of the copyright owner to post it; post
material that reveals trade secrets, unless you own them or have the
permission of the owner; or post material that infringes on any other
intellectual property rights of others or on the privacy or publicity
rights of others. the New Media Casting network does not represent or guarantee
the truthfulness, accuracy or reliability of any communications posted
by other users or endorse any opinions expressed by users. You
acknowledge that any reliance on material posted by other users will be
at your own risk. the New Media Casting network does not screen communications
in advance and is not responsible for screening or monitoring material
posted by users. If notified by a user of communications that allegedly
do not conform to this Agreement, the New Media Casting network may investigate
the allegation and determine in good faith and its sole discretion
whether to remove or request the removal of the communications. the New Media Casting network
has no liability or responsibility to users for performance or
nonperformance of such activities. the New Media Casting network reserves the
right to expel users and prevent their further access to the New Media Casting network
Web Site for violating this Agreement or any laws and the right to
remove any communications for any reason.
Links to Other
Sites
The Web site may contain links to third party web sites. These links are
provided solely as a convenience to you and not as an endorsement by the
New Media Casting network of the contents on such web sites. the New Media Casting network
is not
responsible for the content of linked third party sites and does not
make any representations regarding the content or accuracy of the
materials on such sites. If you decide to access linked third party web
sites, you do so at your own risk.
Changes to this
Agreement
This Agreement may be
modified only by the New Media Casting network at any time without notice, and
any such modification shall be effective immediately upon posting. By
accessing and using the New Media Casting network Web Site you agree to
periodically review this Agreement and be bound by any modifications or
amendments to earlier versions of this Agreement.
Communications
Any notice to you or
us shall be made by either e-mail or regular mail and sent to either you
or us at our addresses as indicated on the New Media Casting network Web
Site.
Your Use
Responsibility
By accessing or using
the New Media Casting network Web Site, you assume any and all
responsibility and risk of use of the New Media Casting network Web Site
and any products or services contained therein. the New Media Casting network
does not and will not guarantee, represent or warrant that the New Media Casting network
Web Site will meet your requirements. The information included in the New Media Casting network
Web Site may include technical or other inaccuracies or typographical
errors. the New Media Casting network does not review or substantiate any of
the information, products, services or claims made on the New Media Casting network
Web Site.
Errors or
Omissions
the
New Media Casting network Web Site is provided on an "as is" basis and the
New Media Casting network assumes no responsibility for errors or omissions in this the
New Media Casting network Web Site or any other web site that may be referenced or linked to
the New Media Casting network Web Site. the New Media Casting network does not and will not guarantee,
represent or warrant that defects in the New Media Casting network Web Site
will be corrected.
No Liability for
Use
You agree that the New Media Casting network
will not be liable for any direct, incidental, special, consequential or
exemplary damages, resulting from the use of or the inability to use the
New Media Casting network Web Site.
Other Terms
You agree to comply
with all applicable laws, statutes, ordinances and regulations
concerning your use of the New Media Casting network Web Site. You agree
that the New Media Casting network, in its sole discretion, may terminate your
use of the New Media Casting network Web Site immediately and without
notice if the New Media Casting network believes that you have acted
inconsistently with the spirit or the letter of this Agreement and that
if you are a participant in the compensation plan, you will lose all
rights to any commissions, residual income or bonuses. These terms and
conditions and the relationship between you and the New Media Casting network
will be governed by the laws of the State of Texas without regard to its
conflict of law provisions. You and the New Media Casting network agree to
submit to the personal and exclusive jurisdiction of the state and
federal courts in Bexar County, Texas. The failure of the New Media Casting network
to exercise or enforce any right or provision under this Agreement will
not constitute a waiver of such right or provision. If any provision of
this Agreement is found by a court of competent jurisdiction to be
invalid, the parties nevertheless agree that the court should endeavor
to give effect to the parties' intentions as reflected in the provision,
and the other provisions of these terms and conditions remain in
full force and effect. Some jurisdictions do not allow the exclusion of
certain warranties, so some of the above exclusions may not apply to
you. You agree that regardless of any statute or law to the contrary,
any claim or cause of action arising out of or related to use of the New Media Casting network
Web Site must be filed within one (1) year after such claim or cause of
action arose or be forever barred. The Parties to this Agreement are
independent contractors. Neither Party is an agent, representative, or
partner of the other Party. Neither Party shall have any right, power or
authority to enter into any agreement for, or on behalf of, or incur any
obligation or liability of, or to otherwise bind, the other Party. This
Agreement shall not be interpreted or construed to create an
association, agency, joint venture or partnership between the Parties or
to impose any liability attributable to such a relationship upon either
Party. It is expressly agreed that all agreements or contracts between
Production Houses, Independent Producers/Directors and the New Media Casting network
users that are facilitated in any manner by the New Media Casting network
Web Site do not include the New Media Casting network as a party and that the
New Media Casting network is not intended as a third party beneficiary of any such agreements or
contracts. the New Media Casting network does not negotiate contracts between
Production Houses, Independent Producers/Directors and those acquiring
the making themselves available for providing services; rather, the New Media Casting network
merely provides the RFP tool to assist those in the entertainment field
market their talents. The Production House or Independent
Producer/Director shall be solely responsible for negotiating their
contract with the talent for hire and the talent for hire shall be
solely responsible investigation of the production house or independent
producer/director and negotiating their contract. the New Media Casting network
shall in no way be held liable any liable for failure of the parties to
complete a background check on each other.
ADDITIONAL TERMS
REGARDING the New Media Casting network CUSTOMERS
No
Warranties regarding Products or Services
the New Media Casting network
DOES NOT MAKE, AND the New Media Casting network HEREBY SPECIFICALLY DISCLAIMS,
ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING the New Media Casting network
WEB SITE AND ANY PRODUCTS OR SERVICES PURCHASED OR ACQUIRED IN WHOLE OR
PART AS A RESULT OF USING the New Media Casting network WEB SITE,
INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM
COURSE OF DEALING OR COURSE OF PERFORMANCE. the New Media Casting network
DOES
NOT WARRANT OR GUARANTEE ANY WORK PERFORMED BY SERVICE PROVIDERS,
PERFORMERS, ACTORS, MODELS, ENTERTAINERS, AGENTS, PRODUCERS OR DIRECTORS
OR ANYONE ELSE WHO HAS CHOSEN TO BE TO BECOME A MEMBER AT the New Media Casting network.
the New Media Casting network DOES NOT ENDORSE, NOR GRANT ANY PREFERRED STATUS
TO ANY SERVICE PROVIDERS, , PERFORMERS, ACTORS, MODELS, ENTERTAINERS,
AGENTS, PRODUCERS OR DIRECTORS OR ANYONE ELSE WHO HAS CHOSEN TO BECOME A
MEMBER OR the New Media Casting network AT THIS TIME. the New Media Casting network
MERELY AN ONLINE TOOL FOR PRODUCERS AND DIRECTORS TO OBTAIN TALENT AND
PROPERTIES FOR THEIR RADIO, TELEVISION AND FILM PRODUCTIONS.the New Media Casting network
DOES NOT TAKE PART IN THE EVALUATION OR SELECTION OF SUCH TALENT,
PROPERTIESOR SERVICE WITHOUT A WRITTEN AGREEMENT BETWEEN THE PRODUCER OR
DIRECTOR OR THE TALENT OR PROPERTIES OWNERS.
Limitation of
Liability and Release
YOU EXPRESSLY
ACKNOWLEDGE THAT YOU ARE PERMITTED ACCESS TO INFORMATION THROUGH the New Media Casting network
WEBSITE UPON WHICH YOU MAY OR MAY NOT DECIDE TO ACT (THE "ACCESSED
CONTENT"). NEITHER the New Media Casting network, NOR ANY OF ITS OFFICERS,
DIRECTORS, EMPLOYEES OR AGENTS, SHALL BE LIABLE TO YOU OR ANY
THIRD-PARTY FOR ANY LOSS OR INJURY ARISING OUT OF OR RELATING TO (A) ANY
ACCESSED CONTENT (B) ANY TRANSACTION ENTERED INTO BASED UPON THE
INFORMATION PROVIDED WITHIN, OR SUBSTANCE OF, THE ACCESSED CONTENT,
AND/OR (C) ANY PRODUCTS OR SERVICES PURCHASED OR ACQUIRED IN WHOLE OR IN
PART AS A RESULT OF USING the New Media Casting network WEB SITE. UNDER NO
CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL the New Media Casting network OR ITS
SUPPLIERS OR AFFILIATES BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES,
INCLUDING ANY LOSS OF PROFITS, LOST SAVINGS, LOSS OF DATA OR OTHER
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM YOUR USE
OF, OR INABILITY TO USE, the New Media Casting network WEB SITE. YOU HEREBY
ACKNOWLEDGE THAT THIS PROVISION WILL APPLY WHETHER OR NOT the New Media Casting network
IS GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND THAT THIS
PROVISION WILL APPLY TO ALL SERVICES OR SOFTWARE AVAILABLE FROM the New Media Casting network
OR ITS AFFILIATES. YOU HEREBY RELEASE AND FOREVER DISCHARGE the New Media Casting network,
AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES AND AGENTS, FROM ANY
AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL, INCIDENTAL, CONSEQUENTIAL
OR OTHERWISE) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND
UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY
CONNECTED WITH THIS AGREEMENT AND/OR THE ACTIVITIES IT CONTEMPLATES,
EXPRESSLY INCLUDING ANY SUCH CLAIMS, DEMANDS AND DAMAGES ARISING OUT OF
OR RELATING TO the New Media Casting network'S, AND/OR ITS DIRECTORS',
OFFICERS', EMPLOYEES', AFFILIATES' OR AGENTS', NEGLIGENCE AND/OR OTHER
ACT OR OMISSION. If you are a California resident, you waive
California Civil Code S1542, which says: "A general release does
not extend to claims which the creditor does not know or suspect to
exist in his favor at the time of executing the release, which if known
by him must have materially affected his settlement with the
debtor."
ADDITIONAL TERMS
REGARDING SERVICE PROVIDERS
Producer/Director
(Client) Qualifications
Producers and
Directors who use the New Media Casting network as their on-line resource agree
to meet the following minimum standards of service: Customer
Satisfaction - Our talent members are considered your customers. You
will treat your customers with respect while developing your projects or
performing your service in a professionally responsible manner at all
times. Critical from both the New Media Casting network's and a members
perspectives is the effect of word-of-mouth on the Internet. Both
positive and negative experiences can be forwarded to the world
immediately. Any negative feedback received by the New Media Casting network
from a customer could cause a review of the producer/director
performance and contract with the New Media Casting network. We have the right
to terminate your ability to participate as a the New Media Casting network
client in our sole discretion if we have reason to believe that you are
failing to meet our high standards of Customer Satisfaction, or
otherwise violating any terms of this Agreement. Client Information: You
warrant and represent that all information provided by you to the New Media Casting network,
including all information posted on any part of the New Media Casting network
website, shall be true, accurate, current and complete. You also warrant
and represent that you will not use any part of the New Media Casting network
website to post any information or promote any products or services in
violation of any applicable law, statute, contract, ordinance or
regulation or in violation of any third party's rights, including any
intellectual property rights. Confidentiality - In the course of your
listing in the New Media Casting network Services Directory, you may have
access to confidential and proprietary information. You agree to keep
all confidential and proprietary information confidential and will only
use this information for the purposes of this Agreement.
Fees
the New Media Casting network
will auto bill the Client, Talent or Service Provider for the New Media Casting network
fees, and the New Media Casting network's standard net-30 day payment terms
will apply. Additionally, you agree that you will not attempt to avoid
any the New Media Casting network fees by influencing any parties to avoid
awarding contracts through the New Media Casting network website. You agree
that should you receive a contract through the New Media Casting network
system, you will respond, if at all, through the New Media Casting network
system and that you will not accept an award of such contract outside of
the New Media Casting network system.
You agree that the New Media Casting network may suspend or permanently remove
a the New Media Casting network Service Directory listing, including the
ability to receive contracts, at the New Media Casting network's sole
discretion should you become delinquent in paying any the New Media Casting network
fees or otherwise violate this agreement. the New Media Casting network must be
in receipt of full payment for a Directory listing before the New Media Casting network
will activate the listing in the Directory and make it available to
users. the New Media Casting network will activate a Service Provider's listing
within five business days upon receipt of full payment.
Service Provider
Eligibility
By joining the New Media Casting network
Services Directory, you represent that you are duly authorized to bind
the Service Provider and the Service Provider's business you claim to
represent to this Agreement. the New Media Casting network may refuse providing
its services to anyone at any time, in its sole discretion.
the New Media Casting network
Content
In this context, the New Media Casting network
Content means any data, information, files, software or graphics
available on the New Media Casting network website that is or may be
protected by copyrights, trademarks and other intellectual and
proprietary rights of the New Media Casting network, including any rights at
common law, as well as any trade secrets or proprietary material,
whether or not so protected by copyright or trademark. the New Media Casting network
retains all rights, title and interest in and to the New Media Casting network
Content. No customer, Client, or Service Provider may reproduce,
duplicate, copy, sell, resell or exploit for any purpose the New Media Casting network
Production Directory, the New Media Casting network contracting Tool, any the
New Media Casting network Content and/or access to such information.
Content
Limitations
the
New Media Casting network Production Directory and Web Site is only a marketplace where potential
Customers and Clients meet. As a result, we have no control over the
quality, safety or legality of the product, services or projects
offered, the service request accuracy, the ability of a Service
Professional to provide the service or the ability of a Customer to pay
for the services or products provided. Though we take reasonable efforts
to monitor professional and moral standards on our site, we do not try
to validate the information provided by users that are made available
through our system. We expect that all parties will use sound business
practices when transacting through our site. While we cannot and do not
insure or guarantee the services bid upon or the veracity or quality of
either bidders or Product or Service Providers, we reserve the right in
our sole discretion to bar any user from using the Production Directory
or the New Media Casting network Web Site for any reason, including but not
limited to reported or suspected failure to abide by ethical or quality
standards.
Content
Authentication
As the New Media Casting network
is not a party to any transaction between any Customer, Client, or
Service Provider we do not authenticate our site users and we do not
confirm that each user is who they claim to be. We trust that each of
the parties brought together through our Web Site or Production
Directory will communicate directly with their counterpart. It is your
responsibility to evaluate any parties with whom you contract. We do not
confirm that any party has the legal capacity to enter into a contract,
nor to duly authorize any relationship that might be consummated between
any Customer, Client or Service Provider. As a result, all parties will
be responsible for ensuring the authenticity and legal capacity of any
Customer, Client or Service Provider with whom they contract.
Termination of
Agreement
If you breach any of
the terms or conditions of this agreement, then the New Media Casting network
may, at its sole discretion, suspend access to the New Media Casting network
website, remove any listings, information and links relating to
Customer, Client or Service Provider, and/or immediately terminate this
agreement without providing any opportunity to cure.
You
may terminate this agreement by providing thirty (30) days advance
notice to the New Media Casting network, so long as you do not have any fees
due to the New Media Casting network outstanding, but any termination by you
will not result in a reimbursement of any fees paid. IN the event you
terminate your contract early, an early termination fee of $150.00 will
be assessed to your account.
Disclaimer
the New Media Casting network
ONLY ACTS AS A VENUE FOR INFORMATION AND, AS SUCH, CANNOT WARRANT THAT
THE SERVICES THAT the New Media Casting network PROVIDES WILL BE SECURE OR BE
CONTINUOUSLY AVAILABLE, OR THAT THE INFORMATION PROVIDED (INCLUDING
CONTACTS) WILL BE ACCURATE. the New Media Casting network PROVIDES THE SERVICES
"AS IS" AND MAKES NO WARRANTIES REGARDING the New Media Casting network
WEBSITE OR the New Media Casting network'S SERVICES, AND HEREBY DISCLAIMS ALL
WARRANTIES WITH RESPECT TO the New Media Casting network'S SERVICES AND the
New Media Casting network WEBSITE, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO
THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE AND THE STATUTORY WARRANTY AGAINST NON-INFRINGEMENT. NO ORAL
ADVICE OR WRITTEN INFORMATION GIVEN BY the New Media Casting network, OR ITS
EMPLOYEES OR REPRESENTATIVES, WILL CREATE ANY WARRANTY WHATSOEVER; NOR
SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE. the New Media Casting network
DOES NOT WARRANT OR GUARANTEE THAT ANY CUSTOMER, CLIENT OR SERVICE
PROVIDER WILL RECEIVE ANY CONTRACTS OR THAT ANY BIDS, OFFERS OR
PROPOSALS SUBMITTED BY ANY CUSTOMER, CLIENT, OR SERVICE PROVIDER WILL BE
ACCEPTED OR AWARDED. CUSTOMERS, CLIENTS OR SERVICE PROVIDERS, NOT the New Media Casting network,
WILL CONTINUE TO MAKE ALL DECISIONS REGARDING MUTUAL AGREEMENT AND
CONTRACTS.
Limitation of
Liability
YOU EXPRESSLY
ACKNOWLEDGE THAT YOU ARE PERMITTED ACCESS TO INFORMATION THROUGH the New Media Casting network
WEBSITE UPON WHICH YOU MAY OR MAY NOT DECIDE TO ACT (THE "ACCESSED
CONTENT"). NEITHER the New Media Casting network, NOR ANY OF ITS OFFICERS,
DIRECTORS, EMPLOYEES OR AGENTS, SHALL BE LIABLE TO YOU OR ANY
THIRD-PARTY FOR ANY LOSS OR INJURY ARISING OUT OF OR RELATING TO (A) ANY
ACCESSED CONTENT, (B) ANY TRANSACTION ENTERED INTO BASED UPON THE
INFORMATION PROVIDED WITHIN, OR SUBSTANCE OF, THE ACCESSED CONTENT
AND/OR (C) ANY USE OF the New Media Casting network WEB SITE. UNDER NO
CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL the New Media Casting network OR ITS
SUPPLIERS OR AFFILIATES BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES,
INCLUDING ANY LOSS OF PROFITS, LOST SAVINGS, LOSS OF DATA OR OTHER
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM YOUR USE
OF, OR INABILITY TO USE, the New Media Casting network WEB SITE. YOU HEREBY
ACKNOWLEDGE THAT THIS PROVISION WILL APPLY WHETHER OR NOT the New Media Casting network
IS GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND THAT THIS
PROVISION WILL APPLY TO ALL SERVICES OR SOFTWARE AVAILABLE FROM the New Media Casting network
OR ITS AFFILIATES.
Indemnification
and Release
Customers, Clients,
Members, and Service Providers are not partners with, and are entirely
independent of, the New Media Casting network. Consistent with the foregoing,
you agree to indemnify and hold harmless the New Media Casting network, its
directors, officers, employees, affiliates and agents from and against
any third-party claims, actions, disputes or allegations arising out of
or relating to (a) any fraud (or inducement to fraud), manipulation,
misrepresentation or other improper action by you (or as authorized by
you on your behalf) in contracting for services with a customer, (b) any
work you perform, and/or products and/or services you provide to (and
any claimed consequence of any such work, products and/or services)
third-parties as a Service Provider, or (c) any other breach by you of
the terms and conditions of this agreement. YOU HEREBY RELEASE AND
FOREVER DISCHARGE the New Media Casting network, AND ITS DIRECTORS, OFFICERS,
EMPLOYEES, AFFILIATES AND AGENTS, FROM ANY AND ALL CLAIMS, DEMANDS AND
DAMAGES (ACTUAL, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE) OF EVERY KIND
AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND
UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT
AND/OR THE ACTIVITIES IT CONTEMPLATES, EXPRESSLY INCLUDING ANY SUCH
CLAIMS, DEMANDS AND DAMAGES ARISING OUT OF OR RELATING TO the New Media Casting network'S,
AND/OR ITS DIRECTORS', OFFICERS', EMPLOYEES', AFFILIATES' OR AGENTS',
NEGLIGENCE AND/OR OTHER ACT OR OMISSION. If you are a California
resident, you waive California Civil Code S1542, which says: "A
general release does not extend to claims which the creditor does not
know or suspect to exist in his favor at the time of executing the
release, which if known by him must have materially affected his
settlement with the debtor."
Disclosures
The listing services
hereunder are offered by the New Media Casting network, Inc., located at 406 E.
Locust, San Antonio, TX 78212. If you are a Texas resident, you may have
this same information emailed to you by sending a letter to the address
in the Contact Us section with your e-mail address and a request for
this information.
Independent
Contractors
Both you and the New Media Casting network
are independent contractors. Neither party may direct or control the
day-to-day activities of the other; and neither party may create or
assume any obligation on behalf of the other.
Assignment
You shall not assign
this agreement or any of your rights or obligations without the prior
written consent of the New Media Casting network, and any such attempted
assignment will be void. Subject to the above, this agreement will be
binding upon the parties' respective successors and permitted assigns.
Waiver and
Severability
If any provision of
this agreement is held to be invalid or unenforceable, such provision
shall be struck and the remaining provisions shall be enforced. Our
failure to act with respect to a breach by you or others does not waive the
New Media Casting network's
right to act with respect to subsequent or similar breaches.
