1. You must be 13 years of age or older in order to view this site for any reason, except for Digital Media Content and materials that are plainly labeled as Explicit .
2. You must be 18 years of age or you must have an agent authorized by law to represent you who is 18 years of age or older and who is entering into this Agreement on your behalf if you use this site in any manner. You warrant that each action you make is being done so in good faith and that you have no knowledge of it infringing upon or conflicting with the legal rights of a third party or a third party's trademark or trade name.
3. You, or the individuals who electronically execute this Agreement on your behalf, hereby represent and warrant that they have the right, power, legal capacity and appropriate authority to enter into this Agreement, and that they own and have not transferred to any other person or entity any of the rights, claims or interests that are the subject of this Agreement.
4. If you represent and warrant that you are 18 years of age or older, you also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (the "User Registration ") and (b) maintain and promptly update the data entered into the User Registration to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Phonecasting.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Phonecasting.com has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
5. Lastly, you must be at least 18 years of age to view, listen to, upload, syndicate or download Adult Digital Media Content that is marked Explicit . If you are under the age of 18, or are accessing this site from any country where material on this site is prohibited or illegal, please leave now as you DO NOT have permission to access this site.

1. Please read, in its entirety, our Terms of Service (‘TOS’) before using Phonecasting.com and/or any features, software and other services on this site, or linked to other of our sites, including, but not limited to, Phonecastv.com, Phonecasting World News, Phonecasting.co.uk, Phonecasting RSS Feeds, Phonecasting Blogs, Phonecasting Podcasts, (collectively, the "Phonecasting Web sites" or the "Service"). By using the Service, you agree to be bound by the TOS. If you do not agree to the TOS, please exit the Service.
2. You agree to abide by your local or regional community standards and any law(s) in your city, state, county, province and/or country jurisdiction applicable to Digital Media Content you wish to sell or share using Phonecasting’s distribution platform or other services on our site.
3. The Phonecasting.com platform and family of services allow you to sell or share your Digital Media Content. To have the opportunity to participate in these services please be advised: you must own the complete rights to the Digital Media Content you intend to upload to our servers or have retained and/or maintained any and all of the complete rights and licenses from the actual owners of the aforementioned Digital Media Content. If you do have applicable or legal licenses for any Digital Media Content you wish to upload to our servers, you must be prepared to validate said licenses, upon request by the Service. NO EXCEPTIONS. The Service is NOT responsible for any Digital Media Content uploaded to our servers that contravene, or is in breach of, any intellectual property agreement, contract, royalty agreement, publishing deal, or any other legal document that gives express written permission for use of the Digital Media Content in question, either through the actual owner of the Digital Media Content, or any licensee, thereof, worldwide.
4. You also understand and agree that the Service may include advertisements and further, that these advertisements are deemed necessary for us to provide the Service we offer. You further understand and agree that the Service may include certain communications from us, such as company announcements, administrative messages and the Phonecasting.com News System, and that these communications are considered part of your free membership requirements and you will not be able to opt out of receiving them.
5. Unless explicitly stated otherwise, any new features which augment or enhance the current Service, including the release of new Phonecasting.com features, shall be subject to the TOS. You understand and agree that the Service is provided "As Is" and that we assume no responsibility for the timeliness, deletion, misdelivery or failure to store any user communications or personalized settings.
6. You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
7. We reserve the right, at our discretion, to modify, add or delete portions of these terms at any time by posting updated TOS on the Phonecasting.com family of Web sites. Please check these terms frequently for updates. Any modifications, additions or deletions to these terms shall be effective immediately upon posting of updated TOS. Your continued usage of the Service following the posting of updated TOS will mean that you agree to those changes.

Phonecasting.com was created to provide a family of services to media publishers, media sponsors and anyone who enjoys audio/Digital Media Digital Media Content-on-demand. Its all-in-one platform allows anyone, anywhere, access to an invaluable compilation of resources including personalized Digital Media Content and branded programming, as well as an assortment of proprietary communications, creative and adcasting tool sets. All you have to do is open a free account at the phonecasting.com portal to take advantage of all we have to offer programmers, Digital Media Content creators and ad-buyers and/or sellers. All it takes is a phone - iPhones, cell phones, landline phones, or any phone. Phonecasting.com is a complete ‘one-stop-shop' solution provider of Phonecasting and Podcasting services for business, public sector, marketeers, technology providers and Digital Media Content owners.

1. Phonecasting.com does not claim ownership of Digital Media Content you submit or make available for inclusion on the Service, thereby, upon your acceptance of this Agreement, Phonecasting.com hereby grants you a non-exclusive, non-transferable limited license to use this site in strict accordance with the terms and conditions in this Agreement.
2. However, with respect to Digital Media Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant Phonecasting.com the following world-wide, royalty free and non-exclusive license(s), as applicable:
   1. To wit, with respect to Digital Media Content you submit or make available for inclusion on publicly accessible areas of Phonecasting.com, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Digital Media Content on the Service solely for the purposes of providing and promoting the specific Phonecasting.com phonecast or podcast, either audio or video, to which such Digital Media Content was submitted or made available. This license exists only for as long as you elect to continue to include such Digital Media Content on the Service and will terminate at any time you choose to remove or Phonecasting.com (at their discretion) chooses to remove such Digital Media Content from the Service.
   2. With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service other than Phonecasting.com Casts, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Digital Media Content on the Service solely for the purpose for which such Digital Media Content was submitted or made available is granted to you. This license exists only for as long as you elect to continue to include such Digital Media Content on the Service and will terminate at the time you choose to remove or Phonecasting.com chooses to remove such Digital Media Content from the Service.
   3. With respect to Digital Media Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service other than Phonecasting.com Casts, the perpetual, irrevocable and fully sub-licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Digital Media Content (in whole or in part) and to incorporate such Digital Media Content into other works in any new format, medium or technology now known or later developed.
3. Publicly accessible areas of the Service are those areas of the Phonecasting.com network of properties that are intended by the Company to be available to the general public. By way of example, publicly accessible areas of the Service would include Phonecasting.com Message Boards and portions of the Phonecasting.com Casts that are open to both members and visitors.
4. You agree not to make any false or fraudulent statements in your use of this site, or to gain access to this site.
5. NOTE: Registration data provided by you is strictly for use by the Service and will not be shared with any other entities outside the company’s orbit without first informing you, either through a mass communication on our website, or through individual, personal contact with the user or users in question.

Phonecasting.com, our partner sites, Phonecasting Global News, and related products and services are together referred to after this as the "Phonecasting Products". The Phonecasting.com Partner Program permits you to participate in, use and/or obtain access to the Phonecasting Products in a number of ways. These include but are not limited to the following:

1. Participation as a Digital Media Content creator, by creating and submitting video or audio Digital Media Content for distribution on Phonecasting.com. After this, we refer to anyone who participates in this way as an "Artist".
2. Participation as an advertising sponsor, by creating and submitting advertising Digital Media Content for distribution on Phonecasting.com and its partner sites, for all Digital Media Digital Media Content. After this, we refer to anyone who participates in this way as a "Sponsor".
3. Participation as a distribution partner, by distributing Digital Media Digital Media Content and ads, and other products and services, on Phonecasting.com, pursuant to the terms of this Agreement. After this, we refer to anyone who participates in this way as a "Syndicator".
4. Participation as a member of Phonecasting.com, by submitting reviews, communicating with other Phonecasting.com Partner Program members and sharing or submitting other information. After this, we refer to anyone who participates in this way as a "Community Member".
5. Access to online management services relating to your websites, Digital Media Digital Media Content and advertising campaigns. After this, we refer to such use as "Management Services".
6. Access to certain Phonecasting applications, software and related services, will be collectively known as, the "Applications".
7. Access to trial features, products and services ("Trial Features").

1. Payments Due to You.You may be able to generate revenue through Participation as an Artist or a Syndicator, through valid, end user activity relating to Video or Audio Digital Media Content and Ads. Such activity could include for example, without limitation, full Digital Media Digital Media Content views or clicks on an Ad, conversion of an Ad click to a sale, or delivery of an Ad impression displayed in connection with Digital Media Digital Media Content (collectively, "Phonecasting Ad Distribution" [PAD]).
2. Artist Revenue.Subject to your compliance with the terms and conditions of this Agreement, and depending on the distribution channels (and associated revenue structure, if any) made available to and selected by you, Phonecasting.com will pay you seventy five percent (75%) of the gross revenue payable to Phonecasting.com from the applicable Sponsors and Third Party Service Providers, less any third party affiliate acquisition fees and Syndication fees, as a result of valid Phonecasting Ad Distribution s generated in connection with your Videos distributed on the Phonecasting.com website or it’s partner sites. You understand and agree in the event your Video or Audio Digital Media Content is distributed (i) by certain Third Party Service Providers and Syndicators via Broadcast Distribution or Mobile Distribution; or (ii) with non-commercial sponsorship or Ads, such distribution may not generate revenue for you.
3. Phonecast Syndicator Revenue.Subject to your compliance with the terms and conditions of this Agreement, and depending on the distribution channels (and associated revenue structure, if any) made available to and selected by you, Phonecasting.com will pay you Fifty percent (50%) of the revenue payable to Phonecasting.com from the applicable Sponsors and Third Party Service Providers, less any third party affiliate acquisition fees, as a result of valid Phonecasting Ad Distribution s generated in connection with Video or Audio Digital Media Content and Ads distributed by you through your Syndication Sites. You understand and agree that: Your distribution of Digital Media Digital Media Content (i) via certain Broadcast Distribution or Mobile Distribution channels; or (ii) that contains non-commercial sponsorship or Ads, may not generate syndication revenue for you.
4. Payments Due Phonecasting.com. Sponsor Fees.The method of calculating fees you may owe Phonecasting.com will be set forth in any Advertiser Agreement between you and Phonecasting.com.
5. Other Fees.Phonecasting.com reserves the right to charge for certain features of the Phonecasting.com Partner Program, such as Management Services or Applications and to change its fees from time to time in its discretion.
6. Payment Terms.Amounts due to you, if any, in connection with your Participation as an Artist or Phonecast Syndicator, will be determined solely by Phonecasting.com based on Phonecasting Ad Distribution data—regarding impressions, clicks, conversions and other applicable metrics—collected by and/or supplied to Phonecasting.com. Payments earned as a result of valid Phonecasting Ad Distribution will accrue and be posted to your Account. All payments will be made in U.S. Dollars. Generally, accrued payments will be available for withdrawal or transfer thirty (30) days after the end of the calendar month in which they accrued. For example, revenue generated as a result of Phonecasting Ad Distribution on June 30 and July 1 will be available for withdrawal on July 30 and August 30, respectively. Phonecasting.com will not be liable for damages resulting from any failure to post payments to your Account within such thirty (30) day period. Notwithstanding the foregoing, Phonecasting.com shall make no payments until such accrued payments total at least fifty dollars ($50). You will not be entitled to receive interest on any Account payments. Except as contemplated by subsection (g) ("Exceptions") below, payments will remain in your Account until: (1) You transfer such amounts to a PayPal Account or other payment system acceptable to Phonecasting.com; (2) You direct Phonecasting.com in writing to distribute such payments to a designated PayPal Account or other payment system acceptable to Phonecasting.com, or (3) Phonecasting.com exercises its options under Section 15 ("Term and Termination") below. If you dispute Phonecasting.com's payments made to you under this Agreement, you must notify Phonecasting.com in writing within thirty (30) days of Phonecasting.com depositing such payment to your Account. Failure to notify Phonecasting.com in this manner will result in your waiver of any claim relating to such dispute. Phonecasting.com will use reasonable efforts to resolve any such dispute in good faith, but Phonecasting.com's resolution will be final. You are responsible for any and all applicable taxes or charges imposed by any government entity in connection with your Participation. Phonecasting.com may change its pricing and/or payment structure at any time, upon thirty (30) days' prior notice of any such change (unless Phonecasting.com is required by law to provide more than thirty (30) days notice). All modified payment terms shall be effective thirty (30) days after notice has been provided to you by Phonecasting.com (or such other time period specified in such notice). If any such modified payment terms are not acceptable to you, your only recourse is to cease Participation. By continuing to Participate following notice of any modified payment terms as set forth herein, you accept and agree to be bound by such modified payment terms.For the purposes of checking credit, effecting payment and/or servicing your Account, Phonecasting.com may share with third parties, such as payment processors and/or credit agencies, any credit card and related payment information that you provide.
7. Exceptions.Phonecasting.com will have no obligation to pay any amounts, and is permitted to deduct or withhold any amounts from or posted to your Account, determined or reasonably suspected by Phonecasting.com in its sole discretion to have resulted from: (i) Fraud, including without limitation through any clicks originating from your IP addresses or computers under your control, solicited by payment of money, false representation or request for end users to click on Ads, or Actions co-mingled with a significant number of invalid Phonecasting Ad Distributions; (ii) Phonecasting Ad Distribution originating on Digital Media Digital Media Content that breaches this Agreement, including but not limited to the restrictions set forth in Section 1, Point 5 ("Adult Digital Media Content") and Section 17, Point II ("Phonecasting Proprietary Rights and Copyright Infringement"); or (iii) fraudulent, misleading or false activities. Phonecasting.com reserves the right to withhold or deduct payment, if applicable, or suspend or otherwise disable your Account, pending Phonecasting.com's reasonable investigation of any of the foregoing or any breach of this Agreement by you.

1. Except as may be explicitly permitted through the Service, you agree not to save, download, cut and paste, sell, license, rent, lease, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from the materials, code or Digital Media Content on or from this site.
2. Systematic retrieval of data or other Digital Media Content from this site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from the site owner is prohibited.
3. In addition, use of the Digital Media Content or materials found on this site for any purpose not expressly permitted in this Agreement is prohibited.

1. Accessing this site, and the services, products or Digital Media Contents available on the Service, from places outside the U.S. or where their Digital Media Contents are illegal, is prohibited. Anyone accessing this site does so knowingly and voluntarily, and at their own risk. The user or viewer is responsible for compliance with local laws.
2. None of the information on this site may be downloaded, exported or re-exported intoIran, Iraq, Syria, Libya, Sudan, Cuba, North Korea, the Yugoslav Republic (Serbia and Montenegro), Rwanda, Nigeria or any other country with restrictions imposed by the U.S. Government. By using this site, you agree that you are not a citizen of or a resident in any of these countries. You also agree that you will not provide the information on this site, or any site to which this site links, to citizens or residents of any country with restrictions imposed by the U.S. government.
3. You agree that you shall comply with all applicable export and import control laws and regulations in your use of this site, or materials or services received through this site, and, in particular, you shall not export or re-export anything on or received through this site in violation of local or foreign export laws and/or without all required U.S. and foreign government licenses.

Registration Data and certain other information about you are subject to our Privacy Policy, and will not be disclosed to third-party vendors under any condition. You understand that through your use of the Service you consent to the collection and use (as set forth in our Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing, and use by us and our affiliates.

1. You will receive an auto-generated password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account.
2. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Phonecasting.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Digital Media Content, data or files"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Digital Media Content, data or files originated. This means that You, and not Phonecasting.com, are wholly responsible for all Digital Media Content, data or files that you upload, post, email, transmit or otherwise make available via the Service. Phonecasting.com does not control the Digital Media Content, data or files posted via the Service and, as such, do not guarantee the accuracy, integrity or quality of such Digital Media Content, data or files. You understand that by using the Service, you may be exposed to Digital Media Content, data or files that may be offensive, indecent or objectionable. Under no circumstances will Phonecasting.com be liable in any way for any Digital Media Content, data or files, including, but not limited to, any errors or omissions in any Digital Media Content, data or files, or any loss or damage of any kind incurred as a result of the use of any Digital Media Content, data or files posted, emailed, transmitted or otherwise made available via the Service. Your use of the Service is subject to all applicable local, state, national and international laws and regulations. You agree to use the Service under the following conditions:

1. You agree: (1) to comply with U.S. law regarding the transmission of technical data exported from the United States through the Service; (2) not to use the Service for illegal purposes; (3) not to interfere or disrupt networks connected to the Service; and (4) to comply with all regulations, policies and procedures of networks connected to the Service.
2. You also agree not to intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law
3. You agree not to transmit through the Service through upload, post, or email, that could be construed as unlawful, unauthorized, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, hateful, or racially, ethnically objectionable material of any kind or nature or invasive of another's privacy.
4. You agree not to impersonate any person or entity, including, but not limited to, a Phonecasting.com official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity
5. You agree not to forge headers or otherwise manipulate identifiers in order to disguise the origin of any Digital Media Digital Media Content, data or files transmitted through the Service.
6. You agree not to upload, post, email, transmit or otherwise make available any Digital Media Content, data or files that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
7. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation.
8. You agree not to make attempts to gain unauthorized access to other computer systems that are prohibited or forbidden areas to non-Phonecasting.com officials, employees, agents or hosting service personnel.
9. Children under the age of 13 are not permitted to use the Service and you may not make recommendations or send invitations to join the Service to non-users who are under the age of 13. The Service requests that minors do not submit or post any information to the site without a parent or guardian's consent. However, the Service will not request or knowingly collect from a minor any information online that can be traced to the minor, such as an e-mail address, name, or information about the minor's family.
10. You agree not to harm minors in any way
11. The Service will not knowingly use information that a minor provides to us for any marketing, selling or promotional purposes. Ultimately, it shall be the parent or guardian's responsibility for the acts and actions of the minor with respect to the use of the Service.
12. You agree not to upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose.(please read our complete Spam Policy)
13. You agree not upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
14. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges.
15. You shall not interfere with another user's use and enjoyment of the Service or another entity's use and enjoyment of similar services, or stalk or otherwise harass another Phonecasting.com user or client
16. You agree not to provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act.
17. You agree not to collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through m above.
18. The Service may, at its sole discretion, immediately terminate your access to the Service should your conduct fail to conform to these terms and conditions of the TOS.

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your Phonecasting.com Username or ID), use of the Service, or access to the Service.

1. You acknowledge that Phonecasting.com may establish general practices and limits concerning use of the Service, including without limitation: the maximum number of days that email messages, message board postings or other uploaded Digital Media Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on Phonecasting.com servers on your behalf, and the maximum number of times, as well as the maximum duration for which you may access the Service in a given period of time. Phonecasting.com will not bear responsibility or liability for the deletion or failure to store any messages and other communications or other Digital Media Content maintained or transmitted by the Service.
2. You acknowledge that Phonecasting.com reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Phonecasting.com reserves the right to modify these general practices and limits from time to time. You acknowledge that Phonecasting.com may or may not pre-screen Digital Media Content, data or files, but that Phonecasting.com and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Digital Media Content, data or files that is available via the Service. Without limiting the foregoing, Phonecasting.com and its designees shall have the right to remove any Digital Media Content, data or files that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Digital Media Content, data or files, including any reliance on the accuracy, completeness, or usefulness of such Digital Media Content, data or files. In this regard, you acknowledge that you may not rely on any Digital Media Content, data or files created by Phonecasting.com or submitted to Phonecasting.com including without limitation information in Phonecasting.com Message Boards and in all other parts of the Service.
3. You acknowledge, consent and agree that Phonecasting.com may access, preserve and disclose your account information and Digital Media Content, data or files if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Digital Media Content, data or files violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Phonecasting.com, its users, employees and the public.
4. You understand that the technical processing and transmission of the Service, including your Digital Media Content, data or files, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
5. You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Phonecasting.com and/or Digital Media Content providers who provide Digital Media Content, data or files to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.

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

1. You agree that Phonecasting.com may, under certain circumstances and without prior notice, immediately terminate your account, access to any related resources, and access to the Service.
2. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) you have engaged in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Services.
3. Termination of your Phonecasting.com account includes (a) removal of access to all offerings within the Service, including but not limited to Cast Listings, Stream Listings, Featured Podcasts, User Directories, User Pages, Podcast Storage Space, Phonecasting.com Forums, and Phonecasting.com Email announcements. (b) deletion of your password and all related information, files and Digital Media Content associated with or inside your account (or any part thereof), and (c) barring further use of the Service.
4. Further, you agree that all terminations for cause shall be made in Phonecasting.com’s sole discretion and that Phonecasting.com shall not be liable to you or any third-party for any termination of your account, any associated email address, or access to the Service.

1. You may, from time to time, be transferred to online merchants or other third party sites through links or frames from this site. You are cautioned to read such sites' Terms and Conditions and/or Privacy Policies before using such sites in order to be aware of the terms and conditions of your use of such sites. These other sites are not under the control of the the owner of this site, and are not monitored or reviewed by the owner of this site on an ongoing basis. Thus, these other sites may contain material of which the owner of this site is unaware.
2. You acknowledge that the owner of this site is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the Digital Media Contents or any transmissions received through third party sites. The inclusion of such a link or frame does not imply endorsement of this site by Phonecasting.com, its advertisers or licensors, nor any association with its operators and is provided solely for your convenience. In some cases, the owner of this site may be an affiliate or associate of the third party site you are linked to, in which case the owner of this site may receive a commission on any products you buy.
3. You agree that Phonecasting.com, the Service and its licensors have no liability whatsoever from such third party sites and your usage of them, nor for any products or services you may buy from third parties.

1. You acknowledge and agree that the Service and any software or plug-ins used in connection with the Service ("Software") contain proprietary and confidential information that is protected by all applicable intellectual property and other laws, especially the Digital Millennium Copyright Act (DMCA).
2. You further acknowledge and agree that Digital Media Content contained in sponsored advertisements or information presented to you through the Service or Third Party Advertisers is protected by all applicable copyrights, trademarks, service marks, patents or other proprietary rights and laws. (SEE: 2. Acceptance of Terms, paragraph III.)
3. Except as expressly authorized by Phonecasting.com or it’s site or Third Party advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
4. Phonecasting.com grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software.
5. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service.
6. You agree not to access the Service by any means other than through the interfaces that are provided by Phonecasting.com for use in accessing the Service.

1. Phonecasting.com, the Service, and its advertisers and licensors make no representations or warranties, whatsoever, regarding this site, nor about the suitability of the information contained on or received through use of this site, or any services or products received or learned about through this site.
2. Use of this site, and the information contained herein is provided as is without warranty of any kind.
3. Phonecasting.com and the Service hereby disclaim all warranties with regard to this site, the information contained on or received through use of this site and any services or products received through this site, including all expess, statutory, and implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
4. Phonecasting.com and the Service does not warrant that the Digital Media Contents or any information received through this site are accurate, reliable or correct; that this site will be available at any particular time or location; that any defects or errors will be corrected; or that the Digital Media Contents or any information received through this site is free of viruses or other harmful components.
5. Your use of this site is solely at your risk. User agrees that it has relied on no warranties, representations or statements other than in this agreement. Because some jurisdictions do not permit the exclusion of certain warranties, these exclusions may not apply to you but shall apply to the maximum extent permitted by law of your jurisdiction.

1. Under no circumstances shall the site owner, advertisers and/or its licensors be liable for any direct, indirect, punitive, incidental, special, or consequential damages that result from, or arise out of the use of, or inability to use, this site, the information contained on or received through use of this site, or any services or products received through this site. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if the site owner, advertisers and/or its licensors have been advised of the possibility of such damage.
2. some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, the site owner, advertisers and/or its respective licensors' liability in such jurisdictions shall be limited to the maximum extent permitted by law of your jurisdiction.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of Section 17 and 18 may not be applicable to you.

You agree to indemnify and hold Phonecasting.com, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Digital Media Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.

1. site (excluding third party linked sites) is controlled by Phonecasting.com from its offices within Harris County in the State of Texas, United States of America. It can be accessed from all 50 states as well as from other countries around the world to the extent permitted by site. As each of these places have laws that may differ from those of Texas, by accessing this site, both you and Phonecasting.com agree that the statutes and laws of Harris County and the state of Texas shall apply to any actions or claims arising out of or in relation to this Agreement or your use of this site, without regard to conflicts of laws.
2. You and Phonecasting.com also agree and hereby submit to the filing of any claim(s) only in the exclusive personal jurisdiction and venue of Harris County in the state of Texas and any legal proceedings shall be conducted in English.
3. Phonecasting.com makes no representation that materials on this site are appropriate or available for use in other locations, and accessing them from territories where their Digital Media Contents are illegal is prohibited. This Agreement shall not be governed by the United Nations Convention on Contracts for the Sale of Goods.

1. Every effort has been made to accurately represent products and services, and their potential for profitability and usage on Phonecasting.com and the Service. However, no representation is made, nor is there any guarantee or warranty, that you will make money using the techniques, ideas, or materials referenced herein, or on third party sites to which you may be linked or referred. There is no promise or guarantee of earnings. The earning potential of any Digital Media Content or product created by a User depends largely upon the person using the product, ideas, or techniques involved. Nothing on this site, or the sites it links or refers to, is intended to be presented to the public as a profiteering scheme.
2. Any forward-looking statements made on this site or any site it links or refers to should be construed as the opinion of the person making that statement. As such, these statements remain expectations until proven otherwise. Even if such statements are made based upon the performance of one individual, another individual employing the same technique or method may have an entirely different result. In any case, past performance is NO guarantee of future results. Phonecasting.com and the Service cannot be expected to be responsible for YOUR actions.
3. Agreement incorporates by reference the Site Submission Rules if this site allows posting and posts such Rules. This Agreement constitutes the entire agreement between the parties related to the subject matter thereof, and supersedes any prior or contemporaneous (oral, written or electronic) agreement between the parties and shall not be changed except by Phonecasting.com.
4. If any provision of this Agreement is prohibited by law or held to be unenforceable, the remaining provisions hereof shall not be affected, and this Agreement as much as possible under applicable law shall continue in full force and effect as if such unenforceable provision had never constituted a part hereof and the unenforceable provision shall be automatically amended so as to best accomplish the objectives of such unenforceable provision within the limits of applicable law.
5. User shall not assign or transfer this Agreement and any such transfer shall be void.
6. Phonecasting.com reserves the right to revise this entire Agreement at its discretion. You should review this document regularly in order to remain in compliance, and also review our Privacy Policy.

Please report any violations of the TOS to our Customer Care representative at
tosviolations@phonecasting.com.