VIDEO UPLOAD TERMS OF USE (“UTOU”)

Introduction to the KoldCast TV Upload Service

Welcome to KoldCast TV. KoldCast provides its upload services and offerings to you subject to the following Upload Terms of Use (“UTOU”). In addition, when using the KoldCast TV Upload Service, you will be subject to any posted guidelines and rules applicable to such service, which may be posted from time to time. All such guidelines and rules are incorporated by reference into these UTOU.

PLEASE READ THESE “UPLOAD TERMS OF USE” (“UTOU”) CAREFULLY. By accessing or using these services, you, either an individual or a single entity (“you” or “your” as applicable), are bound by the notices, terms and conditions in this UTOU and, as applicable, elsewhere on www.KoldCast.tv (including but not limited to our Privacy Policy, our Copyright Policy, Publisher Policy, and all other posted guidelines and rules of the KoldCast Service, all of which are incorporated herein by reference). If you register on behalf of a business, you represent to KoldCast that you have the authority to bind that business and your acceptance of these UTOU will be treated as acceptance by that business. In that event, “you” and “your” will refer to that business in these UTOU. If you do not agree to any of these terms and conditions, you may not use the KoldCast TV Upload Service.

Uploading video via the KoldCast TV Upload Service does NOT guarantee that your video submission will be accepted by KoldCast for display and distribution via KoldCast TV.

1. KOLDCAST TV does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, “Content”) that you post to KOLDCAST TV. After posting your Content to KOLDCAST TV, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose, unless otherwise agreed upon in writing between KOLDCAST TV and you. By displaying or publishing (“posting”) any Content on or through KOLDCAST TV, you hereby grant to KOLDCAST TV a license to use, modify, edit, compile, publicly perform, publicly display, reproduce, and distribute such Content in any manner throughout the world.

2. Without this license, KOLDCAST TV would be unable to provide many of KOLDCAST TV’s services. The license you grant to KOLDCAST TV is non-exclusive (meaning you are free to license your Content to anyone else in addition to KOLDCAST TV, unless otherwise agreed upon in writing between KOLDCAST TV and you.), fully-paid and royalty-free (meaning that KOLDCAST TV is not required to pay you for the use of the Content that you post on KOLDCAST TV), sub-licensable (so that KOLDCAST TV is able to use its affiliates and subcontractors such as Internet content delivery networks or overseas cable providers to show your Content), and worldwide (because KOLDCAST TV is global in reach).

3. You represent and warrant that: (i) you own the Content posted by you on or through KOLDCAST TV or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through KOLDCAST TV does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through KOLDCAST TV.

4. KOLDCAST TV contains Content of KOLDCAST TV (“KOLDCAST TV Content”). KOLDCAST TV Content is protected by copyright, trademark, patent, trade secret and other laws, and KOLDCAST TV owns and retains all rights in the KOLDCAST TV Content and KOLDCAST TV.

5. KOLDCAST TV contains Content of users and other KOLDCAST TV licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through KOLDCAST TV, other than by use of the Embed Codes provided by KOLDCAST TV.

6. KOLDCAST TV may delete any Content that in the sole judgment of KOLDCAST TV violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. KOLDCAST TV assumes no responsibility for monitoring KOLDCAST TV for inappropriate Content or conduct. If at any time KOLDCAST TV chooses, in its sole discretion, to monitor KOLDCAST TV, KOLDCAST TV nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.

7. The following is a partial list of the kind of Content that is illegal or prohibited to post on or through KOLDCAST TV. KOLDCAST TV reserves the right to investigate and take appropriate legal action against anyone who, in KOLDCAST TV’s sole discretion, violates this provision, including without limitation, removing the offending communication from KOLDCAST TV and terminating the membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of KOLDCAST TV:

1. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
2. harasses or advocates harassment of another person;
3. exploits people in a sexual or violent manner;
4. contains nudity, violence, or offensive subject matter or contains a link to an adult website;
5. solicits personal information from anyone under 18;
6. provides any telephone numbers, street addresses, last names, URLs or email addresses;
7. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
8. promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
9. involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
10. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
11. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
12. solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
13. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
14. includes a photograph of another person that you have posted without that person’s consent; or
15. for user profiles, uses of sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile.

8. The following is a partial list of the kind of activity that is illegal or prohibited on KOLDCAST TV and through your use of KOLDCAST TV. KOLDCAST TV reserves the right to investigate and take appropriate legal action against anyone who, in KOLDCAST TV’s sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:

1. criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
2. advertising to, or solicitation of, any user to buy or sell any products or services through KOLDCAST TV. You may not transmit any chain letters or junk email to other users. It is also a violation of these rules to use any information obtained from KOLDCAST TV in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent. In order to protect our users from such advertising or solicitation, KOLDCAST TV reserves the right to restrict the number of emails which a user may send to other user in any 24-hour period to a number which KOLDCAST TV deems appropriate in its sole discretion. If you breach this agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through KOLDCAST TV, you acknowledge that you will have caused substantial harm to KOLDCAST TV, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay KOLDCAST TV $50 for each such unsolicited email or other unsolicited communication you send through KOLDCAST TV;
3. covering or obscuring the banner advertisements on your personal profile page, or any KOLDCAST TV page via HTML/CSS or any other means;
4. interfering with, disrupting, or creating an undue burden on KOLDCAST TV or the networks or services connected to KOLDCAST TV;
5. attempting to impersonate another user or person;
6. using the account, username, or password of another user at any time or disclosing your password to any third party or permitting any third party to access your account;
7. using any information obtained from KOLDCAST TV in order to harass, abuse, or harm another person;
8. using KOLDCAST TV in a manner inconsistent with any and all applicable laws and regulations.