Moorecast Trial Agreement         

Welcome to Moorecast. This Trial Agreement (the "Agreement") explains the terms and conditions governing your use of the Moorecast Video Streaming Service, technology, and any other content available on the Moorecast Video Streaming Service. By checking the box and clicking on the Begin Trial button on the registration page, you accept these terms and conditions and acknowledge that the Moorecast Video Streaming Service is subject to certain limitations set forth below. If you do not wish to accept this agreement, do not proceed with the registration. By registering for a free trial of any Moorecast Video Streaming Service, you agree to use the Moorecast Video Streaming Service in a manner consistent with all applicable laws and regulations and in accordance with the terms and conditions outlined below.

1. Services

(a) Registering for a free 90-day trial of a Moorecast Video Streaming Service provides registered members (each a "Member") with the package of content, tools, and services as described here (individually and collectively "Moorecast Video Streaming Service(s)")

(b) Moorecast Video Streaming Services and Technology: You will be able to use the proprietary and licensed technology incorporated in the Moorecast Video Streaming Service to build and maintain your web site ("Member Site") ("Technology"). Moorecast may offer other tools and services that are not included in any Moorecast Video Streaming Service, including premium services for which an additional fee will apply ("Moorecast Solutions (MS)"). Before any purchase of any additional Moorecast Solution, you must have already purchased an Moorecast Video Streaming Service.

2. Payment Terms

(a) You may use an Moorecast Video Streaming Service free for ninety (90) days from the day you register for the trial ("Trial Period").

(b) You may purchase the Moorecast Video Streaming Service you are using at any time. After the Trial Period, you will have thirty (30) additional days ("Grace Period") to purchase the Moorecast Video Streaming Service you are using, in order to retain any information, content, data, text, software, music, sound, photographs, video, images, or graphics or anything else supplied by you to Moorecast for use on your Member Site ("Information"). After the Grace Period, Information shall be deleted. Moorecast is not responsible for any damages to you or your business in the event you decide not to purchase the Moorecast Video Streaming Service and Moorecast deletes your Information after the Trial Period and Grace Period expire.

(c) Moorecast reserves the right at its sole discretion and as it deems appropriate to add or remove certain services it offers and change its fees for any services in accordance with Section 4.

(d) For access to and use of any Moorecast Solution, you agree to pay all fees and charges specified in the fee schedule available in the Solutions Center. Moorecast asks that you provide us with your credit card information for payment; all charges you incur for use of the Moorecast Video Streaming Service will be charged to the credit card number you provide. If Moorecast does not receive payment from the card issuer, you agree to pay Moorecast all amounts due upon demand. Moorecast may take commercially reasonable actions to validate your credit card. You understand that if Moorecast does not receive timely payment of all amounts due for any Solution you purchase, your use of any Moorecast Solution and of the Moorecast Video Streaming Service may be severely restricted or terminated, at Moorecast's sole discretion. This includes any Information you provide to Moorecast while using any Solution.

(e) You agree to notify Moorecast immediately if you suspect unauthorized use of the Moorecast Video Streaming Service, your credit card, or your password. Under the Fair Credit Billing Act, your credit card provider cannot hold you liable for more than $50 of fraudulent charges. Subject to the following, if your credit card provider holds you liable for any of this $50, Moorecast will cover your entire liability up to the full $50. Moorecast will cover this liability only if the unauthorized use of your credit card is solely a result of a negligent act or omission by Moorecast, and only for purchases made at Moorecast while using the secure server. In the event of an unauthorized use of your credit card, you must notify your credit card provider in accordance with its reporting rules and procedures.

(f) You agree to pay any taxes, including personal property taxes or sales taxes, resulting from your use of the Moorecast Video Streaming Services. You agree to pay all attorney and collection fees arising from our efforts to collect any past due amounts from you to the extent allowed by law.

3. Restrictions and Description of Prohibited Acts

(a) You may not use any Moorecast Video Streaming Service or Moorecast Solution, the selection of a web address for your Member Site, the Technology, or the Member Site to, including, but not limited to:
(i) display material containing pornographic material of any kind;
(ii) provide material that is grossly offensive to the Moorecast online community, including blatant expressions of bigotry, prejudice, racism, hatred, or excessive profanity, or post any obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable content;
(iii) sell or promote any products or services that are unlawful in the location at which the content is posted or received;
(iv) access illegally or without authorization any computers, accounts, or networks of Moorecast or any Moorecast Member, or attempt to penetrate Moorecast's security measures ("hacking"), or conduct a port scan, stealth scan, or other information-gathering activity the intent of which is to gather information to be used to attempt a system penetration; or upload to Moorecast, send through Moorecast, or have Moorecast host or distribute any Internet viruses, worms, Trojan horses, other harmful code, pinging, flooding, mail bombing, or denial-of-service attacks; or disrupt the use of or interfere with the ability of others to effectively use a Moorecast Video Streaming Service or any connected network, system, service, or equipment;
(v) display material that exploits, or otherwise exploit, children under 18 years of age;
(vi) post any content or otherwise infringe in any way or violate any copyright, patent, trademark, service mark, trade name, trade secret, or other intellectual property right of any third party;
(vii) promote, solicit, or participate in pyramid schemes;
(viii) post any content that holds Moorecast up to public scorn or ridicule;
(ix) engage in any libelous, defamatory, scandalous, threatening, or harassing activity;
(x) post or disclose any personally identifying information or private information about children or any third parties without their consent (or their parents' consent, in case of a minor); and/or
(xi) post any content that advocates, promotes, or otherwise encourages violence against any governments, organizations, groups, or individuals or that provides instruction, information, or assistance in causing or carrying out such violence.

(b) You agree that without the express consent of Moorecast (and showing proof of the appropriate licenses where necessary or appropriate), you will never provide, sell, or offer to sell the following products or content (or services related to the same) on the Member Site you create: pharmaceutical or any other controlled substances; illegal drugs; illegal drug contraband; alcohol; firearms; weapons; pirated computer programs; pornography or illicitly pornographic sexual products; programs to "nuke" or create attacks against another individual or an Internet service provider; illegal goods; escort services; instructions on how to assemble or otherwise make bombs, grenades, or other weapons; information used to circumvent manufacturer-installed copy-protect devices; or computer software viruses or software designed to create a virus.

(c) You also agree that you will never promote or provide instructional information about: illegal activities, activities that can lead to physical harm to any group or individual, or any activities that lead to cruelty to animals. You may not use the Moorecast Video Streaming Service, Technology, or Member Site in any high-risk activities where damage or injury to persons, property, environment, or business may result if an error occurs. YOU EXPRESSLY ASSUME ALL RISK FOR SUCH USE.

(d) Unless Moorecast offers a service to conduct any of the following, you agree that you will never conduct the following types of activities on the Member Site: gambling; sweepstakes; raffles; lotteries; contests, pyramid, or Ponzi schemes; and/or unsolicited commercial email (spam).

(e) You agree that you will not (and you will not allow any third party to) partake in the following actions: reverse engineering, reverse compiling or otherwise deriving the underlying source code or structure or sequence of any Moorecast Video Streaming Service, Moorecast Solution, or any Technology; individual passwording of Member Sites (or pages contained therein); deleting or altering author attributes or copyright notices, unless expressly permitted in writing by the author or owner; and/or fail to obtain all required permissions when using a Moorecast Video Streaming Service, Moorecast Solution, or Technology to receive, upload, download, display, distribute, or execute programs or perform other works protected by intellectual-property laws, including copyright and patent laws.

4. Changes to the Terms and Conditions

Moorecast may at any time, with notice of not less than thirty (30) days, change its fees and change the terms of this Agreement. Except for the addition of new tools and services, Moorecast will also give reasonable notice before any modification of the then-current Moorecast Video Streaming Service that could change your Member Site. Moorecast will announce changes to our fees and charges by posting them in the Home section of our service. Moorecast may, at its discretion, supplement such notice by sending you an email or by putting a popup notice on your screen when you access the Moorecast Video Streaming Service, or by sending you a letter. If you find any change to be unacceptable, you are free to terminate this agreement by following the steps described in Section 8. Your use of the Moorecast Video Streaming Service after the effective date of a change constitutes your continued acceptance of the terms of this agreement, the Moorecast Video Streaming Service, and its fee schedule.             
            5. Information About You and             Your Business             

(a) Moorecast is committed to protecting your privacy. Moorecast will never sell personally identifiable information about you or your business to any third party without first receiving your permission, and all uses of any personally identifiable information about you or your business will be subject to our Privacy Policy.

(b) In order to protect you, Moorecast uses state-of-the-art technology to protect your data from unauthorized third parties. Currently Moorecast uses Secure Sockets Layer (SSL) software to protect your data and secure your transactions. SSL encrypts all your personal information, including your credit card number, name, and address, as it is transmitted over the Internet.             

6. Moorecast Rights             

(a) Member Site Content Changes. Moorecast reserves the right to make changes to Member Site upon written request by you to Customer Support to do so, such as through email, or upon breach of any of the provisions of this Agreement by providing you notice of such breach and reasonable time, determined by Moorecast at its sole discretion, to rectify the infringing content. If after such time has expired the Member Site does not conform to Moorecast's satisfaction, Moorecast may make changes to the content of Member Site to bring it to compliance with this Agreement. Member agrees not to hold Moorecast liable for any foreseeable, unforeseeable, direct, or indirect consequences that may result from changes made by Customer Support to Member Site in response to Member request to do so or in response to a Member Site that breaches this Agreement. Moorecast's decisions are final and binding. Notwithstanding the above, Moorecast also reserves the right to discontinue the provision of any or all aspects of the Moorecast Video Streaming Service or any Moorecast Solution to any Member for any breach of this Agreement.

(b) Communications. You will receive a confirmation email from us at the time of registration. Once registered, you can set your email subscription preferences by clicking on the Your Account link in the upper right corner of the Service, then choosing the Email Subscriptions link. If you choose to receive Member communications, you may choose to change your email preferences at any time by following the instructions above. Moorecast reserves the right to communicate with all Members regardless of their email subscriptions in the event that important messages need to be communicated to Members, including, but not limited to, service outages, material changes or modifications to the service, and notice of changes to the Trial Agreement.             

7. Term/Termination             

(a) Term. This agreement shall be effective upon when you click on the Begin Trial button and shall continue for 90 days or until purchase of an Moorecast Video Streaming Service.

(b) Termination by Moorecast.
(i) Moorecast may at any time without notice to you discontinue any or all aspects of the Moorecast Video Streaming Service or restrict your use of the Moorecast Video Streaming Service in whole or in part for any breach of this Agreement by you; or if Moorecast determines in its sole and exclusive judgment that terminating your use of the Moorecast Video Streaming Service is necessary for security reasons or for proper continued operation of the Moorecast Video Streaming Service; or your use of the Moorecast Video Streaming Service, Moorecast Solution, or Technology is not for legitimate business purposes, or your use of the Moorecast Video Streaming Service violates any laws or regulation; or if Moorecast receives information that the Moorecast Video Streaming Service or your use of the Moorecast Video Streaming Service (or any part thereof) may violate any third-party right.
(ii) Moorecast may at any time, with thirty (30) days notice to you, modify or discontinue any or all aspects of the Moorecast Video Streaming Service or restrict your use of the Moorecast Video Streaming Service in whole or in part for Moorecast's convenience.
(iii) Moorecast may at any time, with ten (10) days notice to you, modify or discontinue any or all aspects of the Moorecast Video Streaming Service or any Moorecast Solution, if the credit card number you provide Moorecast expires, or if Moorecast is unable to charge valid charges to that credit card number, or if you otherwise fail to make payments due to Moorecast hereunder.
(iv)Upon termination of this Agreement, all rights granted to you under this Agreement shall terminate immediately. If Moorecast terminates this Agreement or suspends your access to the Moorecast Video Streaming Service, you will remain liable for the full charge for the period during which we terminate or suspend your Moorecast Video Streaming Service. Following such termination or suspension, you agree not to reregister for or otherwise access the Moorecast Video Streaming Services without Moorecast's prior written approval. Moorecast reserves the right to delete any data files associated with your use of the Moorecast Video Streaming Service upon termination of this Agreement.

(c) Termination by You. You may terminate this Agreement after the Trial Period and Grace Period by not purchasing an Moorecast Video Streaming Service.             

8. Indemnification             

You agree to indemnify Moorecast and hold Moorecast harmless against any and all liabilities, cost, and expenses, including reasonable attorney's fees related to or arising from:
(i) your use of the Moorecast Video Streaming Service in a way that is prohibited or restricted under this agreement;
(ii) infringement of any copyright, trademark, intellectual property, or other right or patent by any material you post or use on your Member Site;
(iii) any breach by you of this Agreement; and/or
(iv) any indecent, obscene, or libelous material posted on your Member Site.             

9. Reporting Violations             

Moorecast does not actively monitor the content of Member Sites but will investigate complaints of a violation of third-party rights. Violations or infringement of a third-party copyright, other intellectual property right, or other right will be dealt with in accordance with the Moorecast Policy.             

10. Proprietary Rights             

As between the parties, Moorecast acknowledges that it claims no proprietary rights in Member's Information or any intellectual property right contained therein. As between the parties, you acknowledge and agree that Moorecast and its licensors own all right, title, and interest in:

(a) the Moorecast Video Streaming Service or any Moorecast Solution;

(b) the Technology available on the Moorecast Video Streaming Service or Moorecast Solution;

(c) and all content, including but not limited to text, software, music, sound, photographs, video, graphics, or other material contained or maintained on the Moorecast Video Streaming Service or Moorecast Solution (collectively "Moorecast Content"), excluding all Member Information. In addition, you agree that the Moorecast Content and Technology available on the Moorecast Video Streaming Service or any Moorecast Solution is protected by U.S. and international copyrights, trademarks, service marks, patents, or other proprietary rights and laws; therefore, you are permitted to use this Moorecast Content and Technology only as expressly authorized by Moorecast or its licensors. You also understand and agree that the compilation, collection, selection, arrangement, assembly, and coordination of all Moorecast Content available on the Moorecast Video Streaming Service or Moorecast Solution is the exclusive property of Moorecast and its licensors and protected by U.S. and international copyright laws. You agree that, except as expressly authorized by Moorecast, all the Moorecast Content and Technology available on the Moorecast Video Streaming Service or Moorecast Solution may be used by you only for your internal business and data-gathering purposes. You may make copies of selected portions of the Moorecast Content, provided that such copies are made only for your internal use and only if you maintain any proprietary notices contained in such Moorecast Content; otherwise you may not make, use, sell, copy, reproduce, distribute, transmit, or create derivative works from this Moorecast Content or Technology without expressly being authorized to do so by Moorecast.             

11. Trademarks and Service               Marks             

Moorecast (SM), Your Website Solution (SM), Moorecast Solutions (SM), Moorecast Video Streaming Services (SM), Get your Moorecast Online Now! (SM), and other pending and/or registered trademarks and service marks, and other graphics, logos, and service names used by Moorecast on the Moorecast Video Streaming Service or Moorecast Solutions to identify the products or services of Moorecast (collectively the "Moorecast Trademarks") are the trademarks of Moorecast. You agree not to use the Moorecast Trademarks in connection with your products or services or any third-party products or services or in any manner that disparages or discredits Moorecast. All other brands and names (including third-party product names) used on the Moorecast Video Streaming Service are the property of their respective owners.             

12. Limitation on Liability             

(a) YOU ARE SOLELY RESPONSIBLE FOR THE PROPER CONDUCT OF YOUR BUSINESS AND ALL OTHER MATTERS UNDER YOUR CONTROL. REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, YOU AGREE THAT IN NO EVENT WILL Moorecast, OUR AFFILIATES, CONTRACTORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OR LICENSORS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE Moorecast Video Streaming Service, TECHNOLOGY, OR CONTENT AVAILABLE ON THE Moorecast Video Streaming Service ("Moorecast AFFILIATES"), BE LIABLE TO YOU IN ANY MANNER WHATSOEVER:
(I) FOR ANY DECISION MADE OR ACTION OR NONACTION TAKEN BY YOU IN RELIANCE UPON THE INFORMATION PROVIDED THROUGH THE Moorecast Video Streaming Service;
(II) FOR LOSS OR INACCURACY OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES, OR TECHNOLOGY;
(III) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES AND LOSS OF PROFITS, EVEN IF Moorecast HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

(b) THE AGGREGATE LIABILITY OF Moorecast AND THE Moorecast AFFILIATES ARISING FROM OR RELATING TO THIS AGREEMENT (REGARDLESS OF THE FORM OF ACTION OR CLAIM) IS LIMITED TO ANY AMOUNTS YOU HAVE PAID TO Moorecast DURING THE TERM OF THIS AGREEMENT FOR ANY Moorecast Video Streaming Service, Moorecast SOLUTION, OR TECHNOLOGY.

(c) SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; IN THOSE JURISDICTIONS OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

(d) IN NO EVENT IS Moorecast OR ANY Moorecast AFFILIATE LIABLE FOR ANY DAMAGES ARISING FROM YOUR FAILURE TO PERFORM YOUR RESPONSIBILITIES IN CONNECTION WITH THIS AGREEMENT, OR ARISING FROM ANY CAUSE BEYOND Moorecast'S CONTROL.

(e) THIS SECTION APPLIES TO ALL CLAIMS BY YOU IRRESPECTIVE OF THE CAUSE OF ACTION UNDERLYING YOUR CLAIM, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT (EVEN IF IN THE NATURE OF A BREACH OF CONDITION OR A FUNDAMENTAL TERM OR A FUNDAMENTAL BREACH), OR TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, STRICT LIABILITY, FRAUD, MISREPRESENTATION, AND/OR OTHERWISE.             

13. Warranties/Disclaimers             

(a) Moorecast warrants that, if a member is dissatisfied in any way with the Moorecast Video Streaming Service, Moorecast Solution, Technology, or Moorecast Content provided on or through the Moorecast Video Streaming Service, upon notice from you we will terminate the Agreement. This is your sole and exclusive remedy for any breach of the above warranty.

(b) THE OPINIONS AND VIEWS EXPRESSED IN ANY MEMBER SITE DO NOT REFLECT THOSE OF Moorecast, AND Moorecast DOES NOT REVIEW, VERIFY, ENDORSE, OR OTHERWISE VOUCH FOR THE CONTENT OF ANY MEMBER SITES. Moorecast IS NOT RESPONSIBLE FOR THE CONTENT OF ANY MEMBER PAGE. MEMBERS ARE SOLELY RESPONSIBLE FOR EVERYTHING CONTAINED IN THEIR OWN MEMBER SITE. MEMBERS MAY BE HELD LEGALLY LIABLE FOR THE CONTENTS OF THEIR MEMBER SITE AND MAY BE HELD LEGALLY ACCOUNTABLE IF THEIR MEMBER SITE INCLUDES, FOR EXAMPLE, ANY DEFAMATORY COMMENTS OR MATERIAL PROTECTED BY COPYRIGHT, TRADEMARK, PATENT, OR TRADE SECRET OR OTHER LAWS WITHOUT THE EXPRESS PERMISSION OF THE AUTHOR OR OWNER.

(c) Moorecast IS NOT RESPONSIBLE FOR THE DELIVERY OR QUALITY OF ANY GOODS OR SERVICES SOLD OR ADVERTISED THROUGH THE Moorecast NETWORK OR THROUGH ANY Moorecast AFFILIATE PROGRAM OR THROUGH THE MEMBER SITES.

(d) EXCEPT FOR 14(a), ALL Moorecast Video Streaming Service, CONTENT, AND TECHNOLOGY PROVIDED IN ASSOCIATION WITH THE Moorecast Video Streaming Service ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW AND EXCEPT AS SPECIFICALLY SET FORTH HEREIN, NEITHER Moorecast NOR Moorecast'S LICENSORS MAKE ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND WITH RESPECT TO THE Moorecast Video Streaming Service, CONTENT, TECHNOLOGY, OR PRODUCTS THAT Moorecast OR ITS LICENSORS OR ANY OTHER THIRD PARTY PROVIDES, AND Moorecast AND ITS LICENSORS EXPRESSLY DISCLAIM ALL IMPLIED AND EXPRESS WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT WITH RESPECT TO THE SAME. WITHOUT LIMITING THE FOREGOING, NO WARRANTY IS GIVEN THAT THE Moorecast Video Streaming Service OR TECHNOLOGY IS ERROR-FREE. Moorecast AND ITS LICENSORS DISCLAIM ANY WARRANTY OF TITLE OR ANY OTHER WARRANTIES FOR ANY THIRD PARTY'S OFFERING(S) OR PRODUCT(S).

(e) Moorecast DOES NOT GUARANTEE THAT ITS SECURITY PROCEDURES WILL PREVENT THE LOSS OF, ALTERATION OF, OR IMPROPER ACCESS TO YOUR INFORMATION. Moorecast AND ITS LICENSORS ARE NOT RESPONSIBLE FOR INVALID DESTINATIONS AND TRANSMISSION ERRORS IN, CORRUPTION OF, OR THE SECURITY OF YOUR INFORMATION CARRIED OVER INTEREXCHANGE CARRIERS', LOCAL EXCHANGE CARRIERS', OR OTHER PROVIDERS' FACILITIES.

(f) THE DOCUMENTS AND GRAPHICS APPEARING ON THE Moorecast Video Streaming Service MAY INCLUDE TECHNICAL INACCURACIES, TYPOGRAPHICAL ERRORS, AND OUT-OF-DATE INFORMATION; THEREFORE YOU EXPRESSLY ASSUME ALL RISK FOR SUCH USE OF THE Moorecast Video Streaming Service, Moorecast SOLUTION, OR TECHNOLOGY.

(g) Moorecast MAY PROVIDE LINKS TO OTHER WEB SITES OR RESOURCES. YOU ACKNOWLEDGE AND AGREE THAT Moorecast IS NOT RESPONSIBLE FOR THE AVAILABILITY OF SUCH EXTERNAL SITES OR RESOURCES, AND DOES NOT ENDORSE AND IS NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE FROM SUCH SITES OR RESOURCES. YOU ALSO AGREE THAT Moorecast SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS, OR SERVICES AVAILABLE ON SUCH EXTERNAL THIRD-PARTY SITES.             

14. Miscellaneous             

(a) This Agreement shall be governed by and construed in accordance with U.S. federal and California laws, excluding its conflict-of-law provisions. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any law or regulation that provides that the language of a contract shall be construed against the drafter shall not apply to this Agreement. You agree to submit to the exclusive jurisdiction of the federal and state courts of the state of California, which are located in Los Angeles, CA. If local laws prohibit your participation in any part of the Moorecast Video Streaming Service, or use of them, then you are responsible for complying with such laws and the terms of this Agreement.

(b) Any and all disputes between you and Moorecast will be settled by arbitration in Los Angeles, CA, in accordance with the regulations of the American Arbitration Association then in force, and you agree that all negotiations, discussions, and settlements shall be subject to obligations of confidentiality and shall not be disclosed to any third party.

(c) If any provision(s) of this Agreement is held to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.

(d) All notices to you shall be in writing and shall be made either via email or conventional mail, or by posting such notices on the Moorecast Video Streaming Service. Moorecast may broadcast notices or messages through the Moorecast Video Streaming Service to inform you of changes to this Agreement, the Moorecast Video Streaming Service, or other matters of importance; such broadcasts shall constitute notice to you.

(e) Moorecast's failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Moorecast in writing.

(f) Except in the event that you purchase any Moorecast Solution, this Agreement comprises the entire agreement between you and Moorecast and supersedes all prior agreements between the parties regarding the subject matter contained herein. Should you choose to purchase any Moorecast Solution, you will be bound by all terms and conditions relating to the provision of such Moorecast Solution.

(g) Your membership in the Moorecast Video Streaming Service and any of your rights hereunder may not be assigned or transferred to any third party. Moorecast reserves the right to assign this agreement to any third party that acquires all or substantially all of its relevant business or assets.

(h) The section titles in this Agreement are solely used for the convenience of the parties and have no legal or contractual significance.

(i) You represent and warrant that you are over the age of 18 years, have read this Agreement, and agree to be bound by its terms and conditions.