1. Acceptance of Terms

ecast TV (e-cast Limited) provides its Service (as defined in paragraph 2 below) to you subject to this Terms of Service agreement ("TOS"). ecast TV (e-cast Limited) may update this TOS from time to time and will make commercially reasonable efforts to include notices regarding any such updates or changes on the ecast TV (e-cast Limited) website at www.ecast TV (e-cast Limited) .co.nz (together with its directly associated domains, the "Site"). By using, and continuing to use, the Service, you signify your binding acceptance of the TOS, as published on the Site from time to time, and you represent that you are of legal age to form a binding contract. In this TOS, "ecast TV (e-cast Limited) " means ecast TV (e-cast Limited) Limited, a duly formed limited liability company in New Zealand having its registered office in Auckland.

Additionally, you acknowledge and agree that by clicking on the "I AGREE" button (or similar buttons or links as may be designated by ecast TV (e-cast Limited) to show your acceptance of this TOS), you are entering into a legally binding contract. You hereby agree to the use of electronic communication in order to enter into contracts, place orders and create other records and to the electronic delivery of notices, policies and records of transactions initiated or completed through the Service. Furthermore, you hereby waive any rights or requirements under any laws or regulations in any jurisdiction which require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent permitted under applicable mandatory law.

2. Description of Service

The "Service" includes (a) the Site, (b) the services, features, tools and applications provided by or through the Site and (c) all data, text, images, sounds, video, content, programming and software made available through the Site. Any new features added to or augmenting the Service are also subject to this TOS.

3. Permission to Use the Service

You may access the Service for personal use only, provided that you are in compliance with all provisions of this TOS and any other applicable terms and other policies applicable to the Service. By using or accessing this Service you agree to comply with the copyright, trademark, service mark, and all other applicable laws that protect the Service. You agree not to copy, distribute, transmit, publicly display, publicly perform, modify, rent, sell, or create derivative works of any portion of the Service.

You are welcome to link to the Site from your website, provided that your website does not imply any endorsement by or association with ecast TV (e-cast Limited) . You acknowledge that ecast TV (e-cast Limited) may, in its sole discretion and at any time, discontinue providing any part of the Service without notice.

4. User Conduct

Through your use of the Service, you agree that you will not violate any applicable laws, the rights of others, or the operational and security mechanisms of the Service. Examples of such prohibited behavior include, but are not limited to: Using the Service to promote, conduct, or contribute to fraudulent, obscene, pornographic and/or illegal activities, including deceptive impersonation or activities involving the exploitation of children.

Using the Service to violate anyone's privacy rights (e.g. distributing unwanted commercial solicitations), to infringe on intellectual property rights (including copyrights and trademark rights), to harass or defame others, to promote hatred towards any group of people, or otherwise to publish or disseminate views or opinions which are, in the opinion of ecast TV (e-cast Limited) , obscene, offensive, or generally inappropriate.

Using the Service for non-personal or commercial purposes or for the benefit of any third party or charging any person for the use of the Service.

Collecting any information or communication about the users of the Service by monitoring, interdicting or intercepting any process of or communication initiated by the Service or by developing or using any software or any other process or method that engages or assists in engaging in any of the foregoing.

Attempting to hack the Service or any communication initiated by the Service or to defeat or overcome any encryption and/or other technical protection methods implemented by ecast TV (e-cast Limited) with respect to the Service and/or data and/or content or programming transmitted, processed or stored by ecast TV (e-cast Limited) or other users of the Service.

Attempting to modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Service.

Disrupting, circumventing, or interfering with any part of the Service; forging or modifying any data processed or distributed by the Service; or using an automated process to cause greater demand on the Service than a single person could produce.

Altering, modifying, deleting, or otherwise interfering with or in any manner compromising any content, programming, advertising, services and/or features contained on or through the Service, including, without limitation, the Service's advertising and/or content delivery and display functionality. Additionally, portions of the Service, including specifically, certain content and programming available on the Service, have recommendations regarding the suitability of content or programming for certain ages. By using the Service and/or the Site, you acknowledge and agree that you will not access or view any content and programming in violation of the specified age recommendations.

Additionally, portions of the Service, including specifically, certain content and programming available on the Service, have recommendations regarding the suitability of content or programming for certain ages. By using the Service and/or the Site, you acknowledge and agree that you will not access or view any content and programming in violation of the specified age recommendations.

5. ecast TV (e-cast Limited) Name

Use of some aspects of the Service, possibly including viewing content on the Site, may require registration by selecting a unique user identification ("ecast TV (e-cast Limited) Name") and password, and by providing certain personal information. If you select a ecast TV (e-cast Limited) Name that ecast TV (e-cast Limited) , in its sole discretion, finds offensive or inappropriate, ecast TV (e-cast Limited) has the right to suspend or terminate your account.

You agree to (a) keep your password confidential and use only your ecast TV (e-cast Limited) Name and password when requested to on the Site, and (b) immediately notify ecast TV (e-cast Limited) of any unauthorized use of your ecast TV (e-cast Limited) Name and/or password. You are fully responsible for all activities that occur under your ecast TV (e-cast Limited) Name. ecast TV (e-cast Limited) will not be liable for any loss or damage arising from unauthorized use of your password or your failure to comply with this Section.

You agree that ecast TV (e-cast Limited) may for any reason, in its sole discretion and without notice or liability to you or any third party, immediately terminate your account and your ecast TV (e-cast Limited) Name, and remove or discard from the Service any User Contribution associated with your account and ecast TV (e-cast Limited) Name. Grounds for such termination may include, but are not limited to, extended periods of inactivity or violation of the letter or spirit of this TOS.

6. User Contributions

ecast TV (e-cast Limited) does not claim ownership of (i) any profile information, comments, tags, ratings, chat message or other information that you post or upload to the Service or otherwise transmit to ecast TV (e-cast Limited) by any means (any and all such information and materials submitted by you are referred to as a "Post"); or (ii) any software applications, or widgets, you may develop under the ecast TV (e-cast Limited) ® API (any and all such applications and widgets submitted by you are referred to as "Widgets"); however, ecast TV (e-cast Limited) has the right to remove any Post or Widget (collectively, a "User Contribution") that violates this TOS or any other written policy or terms of use published by ecast TV (e-cast Limited) from time to time, or is otherwise objectionable, as determined solely by ecast TV (e-cast Limited) .

You acknowledge and agree that you are solely responsible for any User Contribution made by you on or through the Service. Without limitation to the foregoing, you are solely responsible for the accuracy, reliability, nature, rights clearance, and compliance with law and legal restrictions associated with any User Contribution.

You acknowledge and agree that any User Contribution is not considered confidential by ecast TV (e-cast Limited) and may be disseminated or used by ecast TV (e-cast Limited) or its affiliates without compensation or liability to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products.

You hereby grant ecast TV (e-cast Limited) and its successors a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, copy, distribute, transmit, modify, prepare derivative works of, publicly display, and publicly perform each User Contribution on, through or in connection with the Service in any media formats and through any media channels, including without limitation, for promoting and redistributing any part of the Service (and its derivative works). This license granted by you will continue for as long as ecast TV (e-cast Limited) determines to use your User Contribution. You understand that your User Contribution may be transmitted over various networks and may be changed to conform and adapt to technical requirements. You also acknowledge and agree that ecast TV (e-cast Limited) and/or other third parties may independently develop software, applications, interfaces, products and modifications and enhancements of the same which are identical or similar in function, code or other characteristics to the ideas set out in your User Contribution.

By making or submitting any User Contribution, you represent and warrant that you have all necessary permissions to grant the foregoing licenses to ecast TV (e-cast Limited) . Without limitation to the provisions of Section 13 below, you agree, at your own expense, to indemnify, defend, and hold harmless ecast TV (e-cast Limited) , its affiliates, employees, agents, and representatives against any claim, alleged claim, suit, action, or administrative proceeding arising out of, or related to, your breach of the foregoing representation and warranty, or any use, display or distribution by ecast TV (e-cast Limited) or its affiliates of any User Contribution submitted by you.

7. Privacy Policy

ecast TV (e-cast Limited) is committed to respecting the privacy rights and concerns of all users of the ecast TV (e-cast Limited) ® website located at www.ecast TV (e-cast Limited) .tv or www.ecast TV (e-cast Limited) .co.nz and its directly associated domains (the "Site") and has established and implemented this Privacy Policy to help you make informed decisions when using the Site (we refer to the services made available through the Site, collectively, as the "ecast TV (e-cast Limited) Features"). "ecast TV (e-cast Limited) " (and "we", "us" and "our") means ecast TV (e-cast Limited) Limited.

This policy answers the following questions:

What information do we collect about you and how do we use it?

Will we share your personal information with third parties?

What security measures do we take to safeguard your personal information?

Who can I contact if I have any questions about this Privacy Policy?

By accessing the Site or using any of the ecast TV (e-cast Limited) Features, you consent to ecast TV (e-cast Limited) 's collection, use, storage, deletion and disclosure of information relating to you as set forth in this Privacy Policy. This Privacy Policy is effective as of the date set forth above and is only applicable to the Site and not to any other website that you may be able to access from the Site which may have its own data collection and use practices and policies.

Information We Collect

Registration and Your Personal Profile

When you register with the Site, you provide us with certain personal information, such as a username (which may or may not be your real name), email address, gender, address and date of birth. It is not necessary to register in order to use the Site, although you will need to be registered and logged in to use certain ecast TV (e-cast Limited) Features.

When you use the Site or ecast TV (e-cast Limited) Features, you may have the option of setting up a personal profile by providing general information about yourself, the URL of your website, address of your blog and a mood message. Additionally, when using the Site or ecast TV (e-cast Limited) Features, you may have the option to form relationships, send messages to your friends and other users, perform searches and queries, form groups, add applications, comment on particular content, and transmit information through various channels.

Cookies

Like many websites, we employ "cookies" in certain areas of the Site to allow us to provide information which is targeted to your interests and to make your online experience more convenient. Cookies are small bits of electronic information that a website sends to a visitor's browser and are stored on the visitor's hard drive. We use cookies for the following purposes:

to store a user's log-in identity so that your session won't expire unless you actively log out

to keep a record of the programming or advertisements you were watching when you last left the Site

to keep a record of any widgets or other additional applications that you have installed.

Certain third parties will also place and read cookies in your browser. Further information on this can be found below in the section "Third Parties Who Collect And Receive Your Information".

You may refuse the use of cookies by selecting the appropriate settings on your browser, however, if you do this, you may not be able to use the full functionality of the Site or ecast TV (e-cast Limited) Features. For further information on cookies and how to disable cookies, please visit www.allaboutcookies.org/manage-cookies/.

Log Information

We also keep track of your interaction with the Site and other users. Specifically, our servers automatically record information that your browser sends whenever you visit the Site. This information includes your Internet Protocol (IP) address, your browser type and version, which ecast TV (e-cast Limited) Features you use and when and how long you use them, what programming and advertising you view and share with friends and how long you view it, your browsing history on the Site (including any links that you may click within the Site), your search history, and any social connections you have (i.e., your friends and the groups you have joined).

Children's Privacy

The Site and ecast TV (e-cast Limited) Features are not intended for children under the age of 13. We do not knowingly collect or maintain any personal information or non-personally-identifiable information from anyone under the age of 13 nor is any part of our website, software or service directed to children under the age of 13. We will close any accounts used exclusively by such children and will remove and/or delete any personal information we believe was submitted by any child under the age of 13. If you are under 16, you may only use the Site if you have obtained the consent of your parent(s) or other legal guardian. By using the Site and the ecast TV (e-cast Limited) Features, you warrant that you have obtained such consent.

Information We Use

As a general matter, we use the information that you provide to us to process your user registration, and to provide, enhance and personalize the Site and ecast TV (e-cast Limited) Features; and we use the information automatically collected by our servers to monitor and analyze how users use the Site and ecast TV (e-cast Limited) Features, and to maintain and improve the Site and ecast TV (e-cast Limited) Features.

Email address

If you register with the Site, we may use your email address for the following purposes:

to send you email newsletters that keep you updated about the programming on the Site;

to send you other email communications that keep you updated about ecast TV (e-cast Limited) Features and other functionality of the Site, including, information about available upgrades, functionality and/or features,

to ask you to participate in surveys that help us make the Site and ecast TV (e-cast Limited) Features better,

to respond to or confirm your requests or activity on the Site,

to notify you of activity initiated by your friends, or members of groups that you have joined (i.e., to notify you if someone wishes to add you as a friend, or if someone sends you a message, or wishes to share a video with you),

to notify you of the existence of other ecast TV (e-cast Limited) ® users who have similar tastes to you,

to notify you of service issues and unusual account actions (e.g. password resets),

to notify and warn you of inappropriate conduct, and if necessary, to inform you of the suspension or deletion of your account. By registering with the Site, you consent to receiving these communications, but have the right to unsubscribe from receiving future emails at any time (see below).

Other Personal Information

We may use personal information that you provide, or that we learn about you, to:

provide recommendations on programming that we think will be interesting to you based on your previous viewing history,

ensure that the advertisements you see as part of your use of the Site and the ecast TV (e-cast Limited) Features are those that we think will be interesting to you based on your previous viewing history, location, age and gender,

personalize the Site to better reflect your particular interests,

attribute your comments, ratings and other contributions to you,

maintain your social connections (e.g. your friends and groups),

suggest new social connections (e.g. by informing you of the existence of other users having similar tastes to yours, and vice versa), and otherwise improve your use of the Site and the ecast TV (e-cast Limited) Features

We will also use this information to help us quickly and efficiently respond to inquiries and requests, and otherwise enhance our service offering for our users.

Messaging

Additionally, we, and other users that control the groups that you join, will be able to send you messages on or through the Site, in particular through the ecastTV ,Feed on your dashboard. These messages may relate to updates on programming or other special events, or may relate specifically to events within your groups. You will have the ability to manage your receipt of these types of messages through your personal settings on the Site.

Unsubscribe

If, at any point in time, you are not interested in receiving emails or other announcements from us, you will be able to "unsubscribe" by clicking on the specified link in any given email communication, by modifying your personal settings on the Site, or by emailing us at privacy@ecast TV (e-cast Limited) .co.nz Please note that you cannot unsubscribe from certain correspondence from us, including messages relating to your account.

Sharing of Information

We will not sell or rent your email address or any of your personal information. We will, however, share your information in the following ways.

With Other Users

Your profile information may be available to other users of the Site. You can elect not to have your profile made public using the "Public Profile" check box in your profile settings.

All information that you post or share through your use of the Site or ecast TV (e-cast Limited) Features, such as your personal profile, comments, messages, favorite programming, or other information, is done at your own risk. Please keep in mind that if you disclose personal information in your profile or when posting comments, messages, favorite programming, or other items, this information may become publicly available.

As Aggregated Data

We may use your personal information to provide analyses of our users in the aggregate to prospective partners, investors and other third parties. We will also share statistical and demographic information about our users and their use of the Site and ecast TV (e-cast Limited) Features with suppliers of advertisements and programming. We may also disclose and otherwise use de-identified information about users. None of the above would include anything that could be used to identify you in the offline world or to discover individual information about you.

With Service Providers

We may from time to time use third parties to manage portions of the Site or ecast TV (e-cast Limited) Features, manage the administration and delivery of advertisements, facilitate our business (e.g. by hosting our servers), manage communications with you, conduct advertising or other audits, conduct surveys, or otherwise provide services to us in connection with the Site or ecast TV (e-cast Limited) Features. Where these third parties process information on our or your behalf, we require these third parties to comply with the provisions of this Privacy Policy, to the extent applicable, and require that they maintain high levels of security and do not use your information for any purpose other than to provide their services to us. If these third parties need to collect personally identifiable information or personal data direct from you, we require them to do so under the terms of an effective and publicly available privacy policy (see below - Third Parties Who Collect and Receive Your Information). ecast TV (e-cast Limited) is not responsible for their compliance with such a policy.

As Otherwise Required

We will share personal information we collect from you if we believe it is reasonably necessary to make available the Site and ecast TV (e-cast Limited) Features, legally required, or otherwise permitted by you. For example:

Protection of rights.We will share personal information if we have a good faith belief that (i) access, use, preservation or disclosure of such information is reasonably necessary to satisfy any applicable law, regulation, legal process anywhere in the world, such as a court order or subpoena, or a request by law enforcement or governmental authorities, (ii) such action is appropriate to enforce the Terms of Service for the Site, including any investigation of potential violations thereof, (iii) such action is necessary to detect, prevent, or otherwise address fraud, security or technical issues associated with the ecast TV (e-cast Limited) Features, or (iv) such action is appropriate to protect the rights, property or safety of ecast TV (e-cast Limited) , its employees, users of the ecast TV (e-cast Limited) Features or others.

Asset transfers. If we become involved in a merger, acquisition or other transaction involving the sale of some or all of our or our affiliates' assets or voting securities, user information, including personal information collected from you through your use of the Site and ecast TV (e-cast Limited) Features, may be included in the transferred assets or securities. If this occurs, your personal information would remain subject to this Privacy Policy.

Third Parties Who Collect and Receive Your Information

Nielsen / NetRating

The Site uses Nielsen/NetRatings website measurement software and systems to help measure traffic visiting our websites. The service anonymously aggregates site visit statistics, such as number of pages viewed, time spent on site, and also randomly asks visitors to complete anonymous short site surveys. Nielsen/NetRatings has been adopted as an accepted audience measurement standard by major New Zealand publishers and corporate websites. Nielsen/NetRatings is responsible for aggregating all information; individuals cannot and will not be identified. The information is used by ecast TV (e-cast Limited) to better understand usage of its websites. Limited data is also made available to advertising and media organisations. How does it work? - Each web page has a small piece of Nielsen/NetRatings code that will not be visible as you look at any particular page. The software stores a cookie in your browser (if you have enabled cookies) which contains a unique identifier to allow us to track the number of unique visitors to our website. This information is collected and aggregated by Nielsen/NetRatings and in no way can you be identified personally and no personal information is stored about you.

Third Party Applications

We, and third parties, may from time to time make small software applications - that we sometimes call "widgets" - available for your use on or through the Site. These applications may separately access, and allow a third party to view, your identifiable information, such as your name, your username, your computer's IP Address or other information such as what you are watching during any given session, and any cookies that you may previously have installed or that were installed for you by a third party software application or website. Additionally, these applications may ask you to provide additional information directly to third parties. Third party products or services provided through these applications are not owned or controlled by ecast TV (e-cast Limited) . You are encouraged to read the terms of use and other policies published by such third parties on their websites or otherwise before you use such applications.

By using the Site and ecast TV (e-cast Limited) Features, you consent to the processing of data about you by us, or other third parties in the manner set out above.

This Privacy Policy does not cover the information practices of third party websites and service providers. Although we encourage third parties to adopt and follow their own privacy policies, we are not responsible for their collection and use of your personal information. You should refer to the privacy policies and statements of other websites or contact the respective webmasters of those websites to obtain information regarding their information collection, use and disclosure policies.

Control of Your Information

You can access and update most of your personal information through your personal account settings on the Site. If you wish to review and/or correct any information that you believe ecast TV (e-cast Limited) is holding, and are unable to do so through the use of the Site, please send a request to privacy@ecast TV (e-cast Limited) .co.nz and we will attempt to fulfill your request. We may choose not to fulfill any request that we determine is unreasonable, unduly burdensome or impractical or that constitutes a threat to the privacy or rights of others. Please bear in mind that, with respect to any log information that we collect automatically (see above - Information We Collect, Log Information), this information alone does not include anything that would enable to ecast TV (e-cast Limited) to identify you in the offline world, but if we need to respond to a request to review that information, we will necessarily have to link that information to your email address or other information that you provide in making that request.

Security

We take many precautions to keep your personal information secure from unauthorized access, such as internal corporate policies to limit access to systems that store your personal information. We continue to store your personal information for so long as it is necessary to provide you our service and periodically destroy old personal information in accordance with our company policies, including when it is no longer necessary in order to offer you the same high quality service. In most cases, we will keep one archival copy of your information to allow us to comply with laws or respond to legal processes.

Terms of Service/Notification of Changes

Your use of the Site and ecast TV (e-cast Limited) Features, and any dispute that may arise from such use, is subject to this Privacy Policy as well as our Terms of Service and the End User License Agreement applicable to the ecast TV (e-cast Limited) ® browser plug-in, and all of their respective dispute resolution provisions, including limitation on damages and choice of law.

We reserve the right to change this Privacy Policy at any time, and we will post all significant changes on this page.

8. Third-Party Content

Each contributor to the Service of data, text, images, sounds, video, software and other materials (including without limitation third party licensors of audio-visual content, and the contributors of User Contributions) is solely responsible for the accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with their contribution. As such, ecast TV (e-cast Limited) is not responsible to, and shall not, regularly monitor or check for the accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with any such contribution. You will not hold ecast TV (e-cast Limited) responsible for any action or inaction on the part of any third party licensor of content, or any other user, including without limitation the things they post or otherwise make available via the Service.

You acknowledge and understand that all title and intellectual property rights in and to any third party trademarks, logos, photographs, images, audio-visual content, programming, advertising and other intellectual property contained on or through the Service is the property of the respective third parties, including the respective content owners or advertisers, and may be protected by applicable copyright, trademark or other intellectual property laws and treaties. Each such third party expressly reserves all rights into such intellectual property. You understand that you are not granted any commercial, sale, resale, reproduction, distribution or promotional use rights for or to any such third party intellectual property, including any rights for uses that require a synchronization or public performance license with respect to the underlying musical composition. Additionally, the unauthorized reproduction or distribution of such third party intellectual property, including, without limitation, any content, programming, advertising, services and/or features contained on or through the Service, is prohibited by applicable law.

In addition, the Service may contain links to third party text and video feeds and podcasts (collectively, "third party feeds"), websites and offers, links to download third party software applications and/or actual widgets that have been developed by third parties. Also, from time to time, you and other users, and other third parties, may choose to embed, or otherwise link to, videos, content and other programming available on or through the Service on your or their respective blogs, websites, or other web pages.

While the videos, content and other programming available on or through the Service will always be subject to this TOS and our Privacy Policy, those third party links, third party feeds, blogs, websites, web pages and widgets are not owned or controlled by ecast TV (e-cast Limited) . Rather, they are operated by, and are the property of, the respective third parties, and may be protected by applicable copyright or other intellectual property laws and treaties. ecast TV (e-cast Limited) has not reviewed, and assumes no responsibility for, the content, functionality, security, services, privacy policies, or other practices of these third-parties. You are encouraged to read the terms and other policies published by such third parties on their websites or otherwise. Additionally, these third parties, or their terms and conditions of service, may not permit you to display and perform any videos, content or programming that is otherwise available on the Service. By using the Service, you agree that ecast TV (e-cast Limited) shall not be liable in any manner due to your use of, or inability to use, any third-party feed, website or widget, or due to your embedding, or linking to, any aspect of the Service on such third party blogs, websites or web pages. You further acknowledge and agree that ecast TV (e-cast Limited) may disable your use of, or remove, any third party links, third party feeds, or widgets on the Service to the extent they violate this TOS.

9. Copyright

This ecast TV (e-cast Limited) Limited ("ecast TV (e-cast Limited) ") website is protected by copyright. You may view video content, print out individual articles or pages for your private use but no form of distribution or making available to the public (whether in print or electronic form) of any of this website's content, including all video content provided by our service providers, channel streaming partners or other broadcasters, is permitted. This copyright includes the ecast TV (e-cast Limited) logo which may not be copied, replicated, or used for any purpose without the appropriate licence being obtained from ecast TV (e-cast Limited) .

Copyright in some of the content included in the website is held by its suppliers. These include ecast TV (e-cast Limited) 's service providers, channel streaming partners or other broadcasters.

The listings of programmes are protected by copyright owned by ecast TV (e-cast Limited) 's service providers, channel streaming partners and other broadcasters. None of the listings of programmes to be streamed may be reproduced by any means without the express permission of these companies.

10. Making Claims of Copyright Infringement

ecast TV (e-cast Limited) respects the intellectual property rights of others and we ask our users to do the same. If you believe that your work (as included on the Service) has been copied, displayed, or distributed in a way that constitutes copyright infringement, please notify the ecast TV (e-cast Limited) ® Copyright Agent.

A notification of claimed infringement must be a written communication as set forth below, and must include substantially all of the following: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed; (b) a description of such copyrighted work(s) and an identification of what material in such work(s) is claimed to be infringed; (c) a description of the exact name of the infringing work and the location of the infringing work on the Service; (d) information sufficient to permit ecast TV (e-cast Limited) to contact you, such as your physical address, telephone number and email address; (e) a statement by you that you have a good faith belief that the use of the material identified in the manner complained of is not authorized by the copyright owner, its agent, or the law; (f) a statement by you that the information in the notification is accurate and, under penalty of perjury that you are authorized to act on the copyright owner's behalf.

The ecast TV (e-cast Limited) ® Copyright Agent can be reached by email, fax or post as follows:

copyrightagent@e-cast.co.nz or

Fax: +64 9 300 6899

or

Attention: Copyright Agent c/o ecast TV (e-cast Limited) Ltd P O Box 7078 Wellesley St Auckland NZ

The Copyright Agent will only respond to any claims involving alleged copyright infringement.

11. ecast TV (e-cast Limited) Feeds

Your use of any ecast TV (e-cast Limited) ® RSS feed is subject to the following terms and conditions:

You may only use the feed for your own private, non-commercial purposes, and many not charge a fee or otherwise require a user to purchase a product or service in exchange for receiving or viewing the feed.

Use is limited to platforms in which a functional link is made available allowing immediate display of the full article/post on ecast TV (e-cast Limited) .com, as specified in the feed.

Use is accompanied by proper attribution to ecast TV (e-cast Limited) as the source.

By accessing the ecast TV (e-cast Limited) RSS feeds, you agree that you will not use these feeds in contravention of the above conditions. ecast TV (e-cast Limited) reserves the right to discontinue any or all of these feeds at any time. ecast TV (e-cast Limited) further reserves the right to require that you immediately cease any specific use of any feed (and/or to prevent you from using the Service, as necessary).

This section 10 applies to ecast TV (e-cast Limited) 's own RSS feeds, and not to the third party feeds discussed in section 8 above.

12. Disclaimer of Warranties

*READ THIS CAREFULLY* You understand and agree that your use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis and to the fullest extent permitted by law, ecast TV (e-cast Limited) expressly disclaims all warranties, express or implied, in connection with the Service and your use thereof, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement. ecast TV (e-cast Limited) makes no representations or warranties about the accuracy or completeness of any content made available through the Service (whether audio-visual content, User Contributions or otherwise) or the content of any websites linked to the Site. ecast TV (e-cast Limited) does not warrant, endorse, guarantee, or assume responsibility for any product, application or service advertised or offered by a third party through the Service or any hyperlinked website or featured in any banner or other advertising, and ecast TV (e-cast Limited) will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products, applications or services. As with the purchase of a product or service, or installation or download of any application, through any medium or in any environment, you should use your best judgment and exercise caution where appropriate. No advice or information, whether oral or written, obtained by you from ecast TV (e-cast Limited) or through the Service shall create any warranty not expressly stated in this TOS.

13. Limitation of Liability

*READ THIS CAREFULLY* You understand and agree that ecast TV (e-cast Limited) shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses (even if ecast TV (e-cast Limited) has been advised of the possibility of such damages), resulting from: (a) the use or the inability to use the Service; (b) the cost of procurement of substitute services resulting from any services obtained through or from the Service; (c) unauthorized access to or alteration of your transmissions or data; (d) statements or conduct of any third party on the Service; (e) inaccuracies, mistakes, or errors of content; (f) personal injury or property damage of any nature whatsoever resulting from your access to and use of the Service; (g) any bugs viruses, Trojan horses, or the like, which may be transmitted to or though the Service by a third party; or (h) any other matter relating to the Service, whether based on warranty, contract, tort, or any other legal theory. In the event this limitation of liability shall be for any reason held unenforceable or inapplicable, you agree that the aggregate liability of ecast TV (e-cast Limited) shall not exceed the amount of NZD $100 (one hundred dollars).

14. Indemnification

You agree, at your own expense, to indemnify, defend, and hold harmless ecast TV (e-cast Limited) , its affiliates, employees, agents, and representatives against any claim, alleged claim, suit, action, or administrative proceeding arising out of, or related to use of or access to the Service, or violation of this TOS by you or, when due to your cooperation or negligence, by someone else using your User ID.

15. Waiver and Severability

The failure of either party to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any of the TOS provisions, including the Disclaimer of Warranty or Limitation of Liability, are held invalid, unenforceable, or void by a court, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.

16. Investigation; Disclosure

ecast TV (e-cast Limited) reserves the right to investigate occurrences which may involve any violations of this TOS, its Privacy Policy and may involve, and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations. You expressly acknowledge and agree that ecast TV (e-cast Limited) may disclose information provided by you to comply with law enforcement or any legal, governmental or regulatory order or action.

17. Governing Law

You agree that the use of this Service and this TOS shall be governed by and construed in accordance with the laws of New Zealand. Any legal action arising out of its use shall be brought and enforced under the laws of New Zealand. By using this site, you agree to submit to the non-exclusive jurisdiction of the courts of New Zealand.

18. Statute of Limitations

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

19. Assignment

This TOS and the rights and licenses it grants or receives may be assigned or transferred by ecast TV (e-cast Limited) without restriction. ecast TV (e-cast Limited) may provide certain elements of the Service to you through one or more of its affiliates

20. Comments/Inquiries

If you have any comments or inquiries regarding this TOS or the Service, please contact ecast TV (e-cast Limited) as follows:

info@e-cast.co.nz or

Attention: Customer Service - ecast TV (e-cast Limited) P O Box 7078 Wellesley St Auckland NZ