Be the Next Nickelodeon Star

Last revised on: 12/17/2024

Welcome to KidsCasting.com (the "Website" or "Platform"), the service operated by EnterTech, Inc. ("we," "the Company," or "KidsCasting.com"). By using our Website, registering a membership account ("Member"), or subscribing to our services ("Subscriber"), you ("you" or "user") agree to be legally bound by these Terms of Use (this "Agreement").

"Service" or "Services" refers to the talent listing and related features, functionalities, tools, resources, and content provided by KidsCasting.com to Members and Subscribers through the Platform.

"Member" refers to any user who has registered an account on KidsCasting.com, whether or not they are also a Subscriber.

"Subscriber" refers to a Member who has paid for access to additional services or features.

Important Notice

KidsCasting.com is not a talent agency, talent manager, talent scout, casting director, or employer. KidsCasting.com is a talent listing service that lists talents, casting calls and provides useful information, tips, tools and advice for actors and directors. It does not procure or arrange auditions, promise or facilitate employment, participate in any pay- for-play practices, or guarantee outcomes. For no charge, our members are able to post an unlimited volume of headshots, reels, tapes and other audition and promotional material. Subscription fees grant access to platform features including profile maintenance, networking opportunities, communication tools, educational content and other valuable services. The availability of casting calls may vary by location, roles available, and the level of experience required. KidsCasting.com provides a platform to connect aspiring talent with industry professionals but does not control or influence the selection process. As with any business, results may vary and will depend on individual capacity, experience, expertise, and level of desire. There are no guarantees concerning the level of income or the outcome of casting opportunities that the user may experience.

Important: If you wish to become a Member and/or Subscriber, please read this Agreement carefully.

1. Agreement and Acceptance. This Agreement is a legally binding contract that governs your use of the Website, Services, membership, and/or subscription on KidsCasting.com. By accessing the Website or becoming a Member or Subscriber, you accept this Agreement and all its incorporated documents, including KidsCasting.com’s Privacy Policy, KidsCasting.com’s subscription policies, any notices regarding the Website or Services and any other referenced policies or notices or any specific guidelines or rules that are separately posted for particular services or offers on the Website.

   If you do not agree to any part of this Agreement or its incorporated documents, you must not use the Website or Services.

2. Electronic Agreement. This Agreement is provided to you in electronic form. By accessing the Website or becoming a Member, you consent to receiving this Agreement and any related notices or communications electronically.
3. Non-electronic Copy. You have the right to receive this Agreement in non- electronic form. You may request a non-electronic copy of this Agreement either before or after you electronically sign the Agreement. To receive a non-electronic copy of this Agreement, please contact us by phone or send a letter and self- addressed stamped envelope to: KidsCasting.com, Legal, 501 Silverside Rd, Suite 210, Wilmington, DE 19809.
4. Withdrawing Your Consent. You have the right at any time to withdraw your consent to have this Agreement provided to you in electronic form.
   1. Effect. Should you choose to withdraw your consent to have this Agreement provided to you in electronic form, we will discontinue your then-current username and password. This means that you will not have the right to use the Service unless, and until, we issue you a new username and password. We only will issue you a new username and password after we receive a signed copy of a non-electronic version of this Agreement, which we will send to you upon request.
   2. Notice. To withdraw your consent and/or request a non-electronic copy of this Agreement, please contact us by phone or send a letter and self- addressed stamped envelope to: KidsCasting.com, Legal, 501 Silverside Rd, Suite 210, Wilmington, DE 19809.
   3. Effective Timing. Your withdrawal of consent shall be effective within a reasonable time after we receive your withdrawal notice described above. Your withdrawal of consent will not affect the legal validity or enforceability of the Agreement provided to, and electronically signed by, you prior to the effective date of your withdrawal.
5. Access and Retention. In order to access and retain this electronic Agreement, you must have access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must use all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please print a copy of this Agreement for your records. To retain an electronic copy of this Agreement, you may save it into any word processing program. Via, the Website, we will notify you of any changes in the hardware or software requirements needed to access and/or retain this Agreement that create a material risk that you will not be able to continue to access and/or retain this electronic Agreement.

You must be at least eighteen (18) years of age to register as a Member or use the Website. Membership in the Service is void where prohibited. By using the Website, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. If you become a Member, you represent and warrant that you have never been convicted of a felony and that you are not required to register as a sex offender with any government entity.

1. Subscription and Services. KidsCasting.com is a subscription-based Platform intended to facilitate connections between casting professionals and talent. A free membership entitles you to create a profile with an unlimited amount of headshots, reels, tapes and other audition and promotional material. Subscribers enjoy that benefit as well as access to Platform features including profile maintenance, networking opportunities, and communication tools. KidsCasting.com does not procure or arrange auditions or guarantee outcomes. KidsCasting.com is not a talent agency or casting director; decisions about auditions and roles are made solely by casting professionals using the Platform.
2. Pricing and Billing.
   1. Pricing: To view the current subscription plans and their prices, please click on "Subscribe " within your account on the Website. By subscribing, you agree to the terms outlined on that page, which are incorporated into this Agreement.
   2. Billing: The Company bills you through an online account ( "Billing Account ") for using the Service. You agree to pay all charges at the agreed- upon prices and authorize the Company to charge your chosen payment provider ( "Payment Method "). The terms of your payment will depend on your Payment Method and any agreements you have with your financial institution, credit card issuer, or other provider.
   3. Subscription Duration and Renewal: Your subscription continues indefinitely until canceled and will automatically renew for an additional equivalent period at the price agreed upon at purchase. This automatic renewal applies unless you cancel your subscription. You consent to this automatic renewal feature and will receive an email notification 7 days before each billing cycle/renewal. For further details on managing your subscription, including how to change or cancel it, please log in to your account and visit the account on the Website.
   4. Subscription Authorization: By subscribing, you authorize the Company to charge your Payment Method immediately and again at the beginning of any subsequent subscription period. You also authorize the Company to charge you for any applicable sales or similar taxes imposed on your subscription payments.
   5. Failed Payments: If the Company does not receive payment from your Payment Method provider upon renewal of your subscription, you agree to pay all amounts due on your Billing Account upon demand. The Company may also, at its discretion, either terminate or suspend your subscription and continue attempting to charge your Payment Method until payment is received. Upon receipt of payment, your account will be reactivated, and the new subscription period will begin on the day payment was received.
   6. Billing Error Correction: The Company reserves the right to correct any billing errors or mistakes, even if payment has already been requested or received.
   7. Chargebacks and Payment Reversals: If you initiate a chargeback or reverse a payment made with your Payment Method, the Company may, at its discretion, terminate your account immediately. If the Company successfully disputes the reversal and the funds are returned, you will not be entitled to a refund or to have your account or subscription reinstated.
3. No Pay-to-Play Practices. We adhere to ethical business practices and comply with applicable laws regarding employment and talent services. No part of our subscription fee is a payment for employment opportunities, auditions, or to influence casting decisions. Subscribers have equal access to apply for auditions, with selections made by casting professionals based on their criteria.
4. User Acknowledgment. By using KidsCasting.com, you acknowledge and agree that we do not guarantee employment, auditions, or specific outcomes. Fees are for access to Platform tools and features, and paid subscribers have equal access to the features included in their subscription plan.
5. Responsibility for Billing Information. You must provide current, complete, and accurate information for your Billing Account. You must promptly update all information to keep your Billing Account current, complete, and accurate (e.g., change in billing address, card number, or expiration date), and notify KidsCasting.com if your Payment Method is canceled (including if you lose your card or it is stolen) or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your name or password). You can update your billing information, such as your billing address, card number, or expiration date, by contacting our member support team by email at: support@kidscasting.com or by phone at: (800) 605-8590.

   If you fail to provide KidsCasting.com with accurate and up-to-date billing information, you agree to be responsible for any fees that accrue on your Billing Account.

   To ensure uninterrupted service, you authorize KidsCasting.com to obtain updated or replacement expiration dates and card numbers for your credit or debit card as provided by your card issuer.

Talent Listing Service Disclaimer.

KIDSCASTING.COM. IS A TALENT LISTING SERVICE. THIS IS NOT A TALENT AGENCY CONTRACT. ONLY A TALENT AGENT LICENSED PURSUANT TO SECTION 1700.5 OF THE LABOR CODE MAY ENGAGE IN THE OCCUPATION OF PROCURING, OFFERING,PROMISING, OR ATTEMPTING TO PROCURE EMPLOYMENT OR ENGAGEMENTS FOR AN ARTIST. KIDSCASTING.COM. IS PROHIBITED BY LAW FROM OFFERING OR ATTEMPTING TO OBTAIN AUDITIONS OR EMPLOYMENT FOR YOU. IT MAY ONLY PROVIDE YOU WITH LISTING INFORMATION. FOR MORE INFORMATION, CONSULT CHAPTER 4.5 (COMMENCING WITH SECTION 1701) OF PART 6 OF DIVISION 2 OF THE LABOR CODE. A DISPUTE ARISING OUT OF THE PERFORMANCE OF THE CONTRACT BY THE TALENT SERVICE THAT IS NOT RESOLVED TO THE SATISFACTION OF THE ARTIST SHOULD BE REFERRED TO A LOCAL CONSUMER AFFAIRS DEPARTMENT OR LOCAL LAW ENFORCEMENT, AS APPROPRIATE.

1. Term. This Agreement will remain in full force and effect while you use the Website, the Service and/or are a Member.
2. Subscription Cancellation:
   1. Cancellation: You may cancel your subscription at any time by:
      1. Accessing your account and following the instructions under the "Subscription " section.
      2. Sending an email notice of cancellation to: support@kidscasting.com.
      3. Sending a written notice of cancellation to: KidsCasting.com, Attn: Subscription Cancellation, 501 Silverside Rd, Suite 210, Wilmington, DE 19809. Please include your KidsCasting.com username and email address in your notice (otherwise expect respective delays).

      Upon cancellation, your subscription will terminate at the end of your current billing period. Please note that canceling your subscription will not automatically cancel any associated membership you may have (refer to Section 4 - 3 (Membership Cancellation) below for membership cancellation details).

   2. Processing Time and Access After Cancellation: If you cancel your subscription, the Company requires a reasonable amount of time to process the action. Upon cancellation, your access to subscription benefits will continue until the end of your then-current billing (subscribtion) period. No full or prorated refunds or credits will be provided for cancellations made after the 10-day period for partially used billing periods (refer to Section 24 (Special Terms)).
3. Membership Cancellation:
   1. Cancellation: You may cancel your membership at any time by:
      1. Accessing your account on the Website and following the instructions under the "Deactivate Account " section. If you cancel your membership via the Website, you may be asked to provide a reason for cancellation to help us improve our Services.
      2. Sending an email notice of cancellation to: support@kidscasting.com
      3. Sending a written notice of cancellation to: KidsCasting.com, Attn: Membership Cancellation, 501 Silverside Rd, Suite 210, Wilmington, DE 19809
4. Profile Visibility After Cancellation:
   1. Subscription Cancellation: If you cancel your subscription but not your membership, your profile will remain visible to other members unless you choose to hide it. You can hide or unhide your profile at any time through your account.
   2. Membership Cancellation: If you cancel your membership, your profile will be removed, and other members will not be able to view it. You can reactivate your membership and restore your profile within one year of cancellation using your existing registration information.
5. Content Removal:
   1. Upon Request: You can request the removal of your listing and content by contacting us via mail at: KidsCasting, 501 Silverside Rd, Suite 210, Wilmington, DE 19809; or by email at: support@kidscasting.com; or by phone at: (800) 605-8590. Your listing and content will be removed within 10 days of your request.
   2. Account Deactivation: You can also deactivate your account through your account. Deactivation will cancel your membership, remove your profile and content from public view. You can reactivate your membership and restore your profile within one year of cancellation using your existing registration information.
6. Termination or Suspension of Access:

   We may terminate or suspend your subscription and/or membership at any time, with or without notice, for any of the following reasons:

   1. Breach of this Agreement: If we believe, in our sole discretion, that you have violated any term of this Agreement.
   2. Non-Payment: If you fail to pay any applicable fees or charges.
   3. Illegal or Harmful Activities: If we determine that your activities on the Service are illegal, harmful, or disruptive.

   Upon above termination or suspension, your access to subscription benefits and/or membership privileges will cease immediately. You will not be entitled to any refund of unused subscription fees, and any outstanding fees will become immediately due.

   While we are not obligated to provide a reason for termination or suspension, we will make reasonable efforts to notify you of the action taken, unless prohibited by law or if doing so would violate our policies or the law.

7. Survival of Terms:

   Even after your membership or subscription is terminated or suspended for any reason, all terms of this Agreement survive such termination, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied.

The KidsCasting.com Service is intended for personal, non-commercial use only. You are prohibited from using the Service for any commercial purposes without the express written consent of KidsCasting.com. This includes, but is not limited to:

• Unauthorized Reproduction or Distribution: Copying, reproducing, selling, reselling, or otherwise exploiting any portion of the Website or Service for commercial gain.
• Unauthorized Data Collection: Collecting usernames, email addresses, or other Member information through electronic or other means for the purpose of sending unsolicited emails or for any other commercial purpose.
• Unauthorized Framing or Linking: Creating unauthorized frames or links to the Website.
• Solicitation and Advertising: Engaging in any form of advertising, solicitation, or commercial activity directed towards other Members without their prior explicit consent. This includes promoting or selling products or services, inviting Members to events for commercial purposes, using the Service for networking with the intent of commercial gain, and sending chain letters, junk mail, or spam to other Members.
• Harassment, Abuse, or Harm: You must not use the Service to harass, abuse, or harm other individuals, or to contact them for commercial purposes without their express permission.

This prohibition on commercial use and solicitation extends to activities conducted outside of the KidsCasting.com Platform if they involve information obtained through the Service.

Enforcement and Consequences:

KidsCasting.com reserves the right to investigate and take appropriate legal action against anyone who violates these restrictions, including removing offending content, suspending or terminating accounts, and pursuing civil, criminal, or injunctive remedies.

To protect our Members, KidsCasting.com may limit the number of emails a Member can send within a 24-hour period. This limit is at our sole discretion and may be subject to change.

You are responsible for maintaining the confidentiality of the username and password that you designate during the registration process, and you are fully responsible for all activities that occur under your username and password. You agree to (a) immediately notify KidsCasting.com of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. KidsCasting.com will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. If you share your computer with others, you may wish to consider disabling your auto-sign in feature.

1. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. YOU UNDERSTAND THAT KIDSCASTING.COM CURRENTLY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS MEMBERS. KIDSCASTING.COM ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ALL OF ITS MEMBERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS MEMBERS. KIDSCASTING.COM MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF MEMBERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE MEMBERS. KIDSCASTING.COM RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES), AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.
2. IN NO EVENT SHALL KIDSCASTING.COM BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER REGISTERED USERS OF THIS SERVICE OR PERSONS YOU MEET THROUGH THIS SERVICE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER MEMBERS OF THE SERVICE. IN ADDITION, YOU AGREE TO REVIEW KIDSCASTING.COM SAFETY TIPS PRIOR TO USING THE SERVICE. YOU UNDERSTAND THAT KIDSCASTING.COM MAKES NO GUARANTEES, EITHER EXPRESS OR IMPLIED, REGARDING YOUR ULTIMATE SUCCESS. YOU SHOULD NOT PROVIDE YOUR FINANCIAL INFORMATION (FOR EXAMPLE, YOUR CREDIT CARD OR BANK ACCOUNT INFORMATION) TO OTHER MEMBERS.

1. Proprietary Rights. KidsCasting.com owns and retains all proprietary rights in the Website and the Service. The Website contains the copyrighted material, trademarks, and other proprietary information of KidsCasting.com, and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
2. Reliance on Content, Advice, Etc. Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by KidsCasting.com, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. KidsCasting.com does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Website. Under no circumstances will KidsCasting.com or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Website or transmitted to or by any Members.

"Content" refers to any information, data, or materials you post, transmit, or display on the Website or share with other Members. This includes, but is not limited to, text, images, videos, audio recordings, links, and any other forms of media or communication.

1. Content Responsibility: You are solely responsible for all Content that you share on the Service. This means that you are liable for ensuring that your Content complies with this Agreement and all applicable laws. You agree not to post, transmit, display, or share Content that is:
   1. Defamatory: False statements that harm someone's reputation.
   2. Inaccurate: Untrue or misleading information.
   3. Abusive: Cruel, insulting, or violent language or behavior.
   4. Obscene: Lewd, indecent, or disgusting content.
   5. Profane: Irreverent or disrespectful language.
   6. Offensive: Upsetting, insulting, or hurtful content.
   7. Sexually oriented: Content of a sexual nature that is inappropriate for the Service.
   8. Threatening: Expressing an intention to cause harm.
   9. Harassing: Repeatedly behaving in an unwanted or aggressive manner towards another person.
   10. Racially offensive: Content that discriminates against or insults a person or group based on race or ethnicity.
   11. Illegal: Content that violates any applicable laws or regulations.
   12. Infringing: Content that violates another party's rights, such as copyright, trademark, or privacy rights.
   13. Harmful: Content that could harm the Service or other users' devices, such as viruses, malware, or other malicious code.
2. Prohibited Content: The following is a non-exhaustive list of Content that is strictly prohibited on KidsCasting.com:
   1. Hateful or Harmful Content: Content that promotes racism, bigotry, hatred, violence, or discrimination against any individual or group.
   2. Harassment: Content that harasses, bullies, or encourages harassment of another person.
   3. Spam: Unsolicited bulk emails, chain letters, or any other form of unwanted mass communication.
   4. Misleading or Illegal Content: Content that promotes false or misleading information, illegal activities, or harmful conduct. This includes content that is abusive, threatening, obscene, defamatory, or libelous.
   5. Copyright Infringement: Content that infringes on the intellectual property rights of others. This includes:
      1. Sharing or distributing copyrighted material without permission, such as pirated software, music, movies, or other media.
      2. Providing links to pirated content or websites that offer such content.
      3. Offering information or tools to bypass copyright protection mechanisms.
      4. Sharing content that is restricted or password-protected without authorization.
      5. Creating or sharing hidden pages or images that are not accessible through normal navigation on the Service.
   6. Child Exploitation: Content that sexually or violently exploits children or minors, or that solicits personal information from minors.
   7. Illegal Activities: Content that provides instructions or promotes illegal activities, such as making or buying illegal weapons, hacking, or creating harmful software.
   8. Phishing: Soliciting passwords, personal information, or financial details from other users for fraudulent purposes.
   9. Unauthorized Commercial Activities: Engaging in commercial activities, such as contests, sweepstakes, bartering, advertising, or pyramid schemes, without prior written consent from KidsCasting.com.
3. Information Accuracy: You agree to provide accurate, truthful, and up-to-date information to KidsCasting.com and other Members. This includes information you provide during registration, in your profile, and in any communications on the Service. If any information you provide changes and becomes inaccurate, misleading, or false, you are obligated to promptly update your information or notify KidsCasting.com of the changes.
4. Member Profile Restrictions: To protect the privacy and security of our Members, you are prohibited from including the following personal contact information in your public Member profile:
   1. Telephone numbers
   2. Street addresses
   3. Last names
   4. URLs (website addresses)
   5. Email addresses
   This information should be kept private and shared only through secure means within the Platform.
5. Content Review, Enforcement, and Consequences: KidsCasting.com reserves the right to review all Content posted on the Service, including messages, double-blind emails, photos, profiles, and any other materials you share. You understand and agree that KidsCasting.com may, in its sole discretion, delete any Content, in whole or in part, that violates this Agreement or is deemed offensive, illegal, harmful, or threatening to the safety of Members.
6. Prohibited Activities: KidsCasting.com reserves the right to investigate and terminate your membership if you engage in any inappropriate, unlawful, or illegal activities on the Service. The following is a partial list of prohibited actions:
   1. Impersonation: You may not impersonate any person or entity, including other Members or KidsCasting.com staff.
   2. Harassment: You may not stalk, harass, threaten, or intimidate other users on or off the platform.
   3. Unauthorized Endorsement: You may not claim or imply that KidsCasting.com endorses your statements or actions without our prior written consent.
   4. Data Mining or Scraping: You may not use automated tools (bots, spiders, etc.) to collect data from the Service, reproduce its content, or circumvent its navigation.
   5. Intellectual Property Infringement: You may not post, distribute, or reproduce copyrighted material, trademarks, or other proprietary information without permission from the owner.
   6. Interference with Service: You may not disrupt the operation of the Service, website, servers, or networks connected to the Service.
   7. Distribution of Malware: You may not transmit any harmful software, such as viruses, worms, or other malicious code.
   8. Misrepresentation: You may not forge headers or manipulate identifiers to disguise the origin of information transmitted through the Service.
   9. Framing or Mirroring: You may not frame or mirror any part of the Service or website without KidsCasting.com's written authorization.
   10. Unauthorized Redirection: You may not use meta tags, code, or other devices to redirect users to another website without KidsCasting.com's permission.
   11. Reverse Engineering: You may not modify, adapt, sublicense, translate, sell, reverse engineer, decompile, or disassemble any portion of the Service, website, or software used on or for the Service.
7. Violations and Consequences: Any violation of this Section 9 (Content Posted by you on KidsCasting.com. Prohibited Activities), including the posting of restricted Content and/or prohibited activities listed above, may result in consequences at the discretion of KidsCasting.com. These consequences may include, but are not limited to:
   1. Warning: A formal notice informing you of the violation and requesting corrective action.
   2. Content removal: Deletion of the offending content from the Service.
   3. Temporary suspension: Temporary suspension of your account, preventing you from accessing or using certain features of the Service.
   4. Account termination: Permanent termination of your account, prohibiting you from further access to the Service.
   5. Legal action: In cases of severe or repeated violations, KidsCasting.com reserves the right to pursue legal action against you to protect its interests, users, or third parties.

   KidsCasting.com's decisions regarding content moderation, enforcement, and the application of consequences are final and not subject to appeal.

8. Compliance with Laws: Your use of the Service, including but not limited to the Content you post, must comply with all applicable laws and regulations in any jurisdictions where your Content may be viewed or accessed. This includes laws related to copyright, defamation, privacy, obscenity, hate speech, and any other relevant legal areas.
9. Reporting Violations: If you encounter any content or activity that violates this Agreement, please report it to us immediately. You can report violations by support@kidscasting.com. or KidsCasting.com, 501 Silverside Rd, Suite 210, Wilmington, DE 19809.

10. Content License: By posting Content to any public area of KidsCasting.com, you automatically grant, and you represent and warrant that you have the right to grant, to KidsCasting.com, its affiliates, licensees, and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify, and distribute such Content. This includes the right to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sublicenses of the foregoing rights.

    You further represent and warrant that your public posting and KidsCasting.com's use of your Content will not infringe or violate the rights of any third party, including but not limited to copyright, trademark, privacy, or publicity rights.

KidsCasting.com provides assistance and guidance through its customer care representatives. When communicating with our customer care representatives, you may not to be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, or otherwise behave inappropriately. Telephone calls between you and our customer care representatives may be recorded for quality assurance purposes. If we feel that your behavior towards any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your membership and subscription and you will not be entitled to any refund of unused subscription fees.

KidsCasting.com reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that KidsCasting.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

In order to protect the integrity of the Service, KidsCasting.com reserves the right at any time in its sole discretion to block Members from certain IP addresses from accessing the Website.

You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. KidsCasting.com’s Copyright Agent for notice of claims of copyright infringement can be reached as follows: copyright@kidscasting.com or KidsCasting.com Legal, 501 Silverside Rd, Suite 210, Wilmington, DE 19809.

You are solely responsible for your interactions with other KidsCasting.com Members. KidsCasting.com reserves the right, but has no obligation, to monitor disputes between you and other Members.

Use of the Website and/or the Service is also governed by our Privacy Policy. When you become a Member, you agree and consent to receive email messages from us. These emails may be transactional or relationship communications relating to the Service, such as administrative notices and service announcements or changes, or emails containing commercial offers, promotions or special offers from us. Please see the KidsCasting.com Privacy Policy for more information regarding these communications.

1. No Responsibility for Content or Conduct: KidsCasting.com is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service, whether caused by users of the Website, Members or by any of the equipment or programming associated with or utilized in the Service. KidsCasting.com is not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service. KidsCasting.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. KidsCasting.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will KidsCasting.com or any of its affiliates, advertisers, promoters or distribution partners be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Website or the Service, any Content posted on the Website or transmitted to Members, or any interactions between users of the Website, whether online or offline.
2. "As-Is" Service and No Warranties: The Website and the Service are provided "AS- IS" and KidsCasting.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. KidsCasting.com cannot guarantee and does not promise any specific results from use of the Website and/or the Service.
3. Informational Content Only: In addition to the preceding paragraph and other provisions of this Agreement, any advice that may be posted on the Website is for informational and entertainment purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. KidsCasting.com makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Website. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.

The Service may contain links to other websites or resources that are not owned or controlled by KidsCasting.com. These links are provided for your convenience and reference only. You acknowledge and agree that KidsCasting.com:

• Does not have control over the content, availability, or practices of these external sites or resources.
• Does not endorse and is not responsible for any content, advertising, products, or other materials on or available from such sites or resources.
• Shall not be held responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance upon any content, goods, or services available on or through any such site or resource.

By accessing any external links from the Service, you do so at your own risk and are subject to the terms and conditions of those websites or resources.

Except in jurisdictions where such provisions are restricted, in no event will KidsCasting.com be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Website or the Service, even if KidsCasting.com has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, KidsCasting.com’s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to KidsCasting.com for the Service during the term of membership.

1. Arbitration Agreement. The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof), the Service, or the Website shall be BINDING ARBITRATION administered by the American Arbitration Association. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against KidsCasting.com in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against KidsCasting.com any class action, class arbitration, or other representative action or proceeding.
2. Notice of Rights. By using the Website or the Service in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and KidsCasting.com (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
3. Court Proceedings. Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against KidsCasting.com (except for small-claims court actions) may be commenced only in the federal or state courts located in Delaware. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
4. Governing Law. This Agreement, and any dispute between you and KidsCasting.com, shall be governed by the laws of the state of Delaware without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.

You agree to indemnify and hold KidsCasting.com, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.

The Company may provide you with notices, including those regarding changes to this Agreement, using any reasonable means now known or hereafter developed, including by email, regular mail, SMS, MMS, text message or postings on the Website. Such notices may not be received if you violate this Agreement by accessing the Service in an unauthorized manner. You agree that you are deemed to have received any and all notices that would have been delivered had you accessed the Service in an authorized manner.

This Agreement and all its incorporated documents, including KidsCasting.com’s Privacy Policy, KidsCasting.com's subscription policies, any notices regarding the Website or Services and any other referenced policies or notices or any specific guidelines or rules that are separately posted for particular services or offers on the Website, contains the entire agreement between you and the Company regarding the use of the Website and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The failure of the Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that your online account is non-transferable and all of your rights to your profile or contents within your account terminate upon your death. No agency, partnership, joint venture or employment is created as a result of this Agreement and you may not make any representations or bind the Company in any manner.

The Company may amend this Agreement at any time. The following applies to different types of Members:

• Non-Subscribing Members: If you are a non-subscribing Member, any revised terms will become effective immediately upon posting on the Website. Your continued use of the Service after such posting constitutes your acceptance of the revised Agreement.
• Subscribers: If you are a Subscriber, the existing Agreement will continue to govern your membership until you renew your subscription. If you renew, the revised Agreement will apply to your renewed subscription. If you choose to terminate your subscription instead, your continued use of the Service (if any) after termination will be governed by the revised Agreement.

You, the buyer, may cancel this Agreement, without penalty or obligation, at any time prior to midnight of the original contract seller's tenth business day following the original date of this contract, excluding Saturdays, Sundays and holidays. To cancel this Agreement, email, mail or deliver a signed and dated notice, or send a telegram which states that you, the buyer, are canceling this Agreement, or words of similar effect. This notice shall be sent to: KidsCasting.com, Attn: Cancellations, 501 Silverside Rd, Suite 210, Wilmington, DE 19809 or support@kidscasting.com. Please include your KidsCasting.com username and email address in any correspondence or your refund may be delayed. If you send or deliver the notice to cancel your subscription agreement within such ten day period, we will refund the full amount of your subscription.

In the event that you die before the end of your subscription period, your estate shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your death. In the event that you become disabled (such that you are unable to use the services of KidsCasting.com) before the end of your subscription period, you shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your disability.