Welcome! By using Framecaster's encoding engine or other Framecaster services you agree to be bound by the following terms and conditions (the "Terms of Use").

Terms of Use
By visiting the Framecaster website and/or using or accessing Framecaster's service in any manner such as through an affiliates website or other interface, you certify that (i) you are at least 13 years of age, (ii) if you are allowing access to Framecaster’s service to any person who is under 13 years of age, you are that person's parent or legal guardian and you consent to the use of the service by that person only under your direct supervision and subject to any reasonable verification required by Framecaster, and (iii) you expressly agree to be bound by these terms and conditions of the service. Your use of the Framecaster service is expressly conditioned upon the certifications listed above and your acceptance of these Terms. If the certifications above are not true, or if you do not agree to any part of these Terms, you may not use the service. Framecaster reserves the right to update and revise these Terms from time to time without notice to or acceptance by you.

Additional Terms and Conditions
The Framecaster service may integrate with other services provided by affiliates to Framecaster. If you access or use the Framecaster service through an affiliates website or other third party interface, or if you use a software or other product in connection with the Framecaster service, you may be subject to terms and conditions in addition to these Terms. In addition, use of any Framecaster software product is subject to the license terms and conditions provided with such product. Information that is identifiable information provided by you, if any, shall be subject to Framecaster's privacy policy, which exists in the Terms that are published at Framecaster’s privacy notice.

Passwords
Upon registration for the Framecaster services, you will choose a login and a password. Only one login per account is permitted. You may not create multiple accounts. With regards to your password, you understand that you are solely responsible for maintaining its confidentiality, and Framecaster recommends that you choose one that is at least 8 characters in length and a mix of numbers and letters. You shall be solely and fully responsible for all activities that occur under your account. Framecaster shall not be responsible for any loss, claim, or other liability that may arise from the unauthorized use of any password. If a password is lost or stolen, it is your responsibility to notify Framecaster so that the missing password can be deactivated and a new one assigned.

Content and Uploaded Media
Although Framecaster does not aggregate, host, save, post or store content and media that is submitted through our software, certain terms and conditions related to “content” are agreed by you when using the service. You acknowledge and agree that all information, data, text, software, music, sound, photographs, graphics, video, messages, goods, products, services or other materials ("Content") are the sole ownership of the person from which the Content originated. You are entirely responsible for all Content that is uploaded, posted, transmitted or otherwise made available through the Service by you or through your account. You understand that Content may in some cases be viewed through third party websites or interfaces through which the Service is accessed and/or used and that Framecaster does not have control over these third party websites and interfaces. You verify and warrant that you own or have the necessary rights to any and all Content (including written consent for each individual person identifiable in such Content to use the name or likeness of each such person represented in the Content and used by the Service) uploaded, posted, transmitted or otherwise made available via the Framecaster service by you. Framecaster does not have control of the Content posted through the service and does not guarantee the accuracy, integrity or quality of any such Content. Framecaster will use legally reasonable efforts to block or remove offensive or inappropriate Content reported to Framecaster by one of our affiliates. Framecaster cannot and will not review all Content, and you understand that by using the Framecaster service, you may be exposed to Content that you find to be offensive. Under no circumstances is Framecaster liable to you or to any third party in any way for any Content, including, but not limited to, errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of any use of any Content posted, transmitted or otherwise made available through the Framecaster service. You acknowledge that Framecaster is under no obligation to preview or otherwise screen any Content, but also that Framecaster and its affiliates shall have the right in their sole discretion for any reason and without notice to refuse, move or remove and discard any Content submitted, posted or otherwise available through the Framecaster service. You agree that you must review, and own all risks pertaining to, the use of any Content, and you shall not depend on the accuracy, completeness, usefulness or nature of the Content. You acknowledge and agree that Framecaster may reserve the right to disclose Content to others if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to: (i) comply with a legal process; (ii) enforce Framecaster’s Terms; (iii) respond to claims that any Content violates the rights of third parties; or (iv) protect the rights, property, or personal safety of Framecaster, its affiliates and the public. You understand that the technical processing and transmission of the Content by the Framecaster service, may involve transmissions over various networks and changes to adapt to technical requirements of connecting devices or networks.

License to Content
Framecaster does not claim ownership of your Content posted, transmitted or otherwise made available by you through the Framecaster service. By uploading Content through the Framecaster service, you grant Framecaster a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish such Content solely for the purpose of providing the service.

Prohibited Uses
You agree that you shall not, and/or others using your account to: (a) upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy (including without limitation any personal information except with written consent of the owner of such personal information), hateful, or racially, ethnically or otherwise objectionable; (b) harm minors in any way; (c) impersonate any person or entity, including without limitation any Framecaster personnel, or falsely state or otherwise misrepresent your affiliation with any person or entity; (d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service; (e) upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or contractual or fiduciary relationship; (f) upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party; (g) upload, post, or transmit unsolicited commercial email or "spam" or engage in any practice that is in any way connected with "spam"; (h) upload, post or otherwise transmit any Content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy, limit the functionality of or monitor or persistently reside in or on any computer software or hardware or telecommunications equipment; (i) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; (j) intentionally or unintentionally violate any applicable local, state, national or international law or any regulations having the force of law, including without limitation any laws or regulations relating to securities, privacy and export control; (k) "stalk" or otherwise harass another; (l) engage in, promote or provide instructional information about, or provide video Content depicting, illegal activities, promote or depict physical harm or injury against any group or individual, or promote or depict any act of cruelty to animals; (m) promote, offer for sale or sell any item, good or service that (i) violates any applicable federal, state, or local law or regulation, (ii) you do not have full power and authority under all relevant laws and regulations to promote, offer or sell, including all necessary licenses and authorizations, or (iii) Framecaster determines, in its sole discretion, is inappropriate for sale through the Service; (n) use the Framecaster service as a forwarding service to another website; or (o) exceed the scope of the Framecaster service that you have signed up for.

Notices of Infringement; Digital Millennium Copyright Act
If you believe that material made available via the Service infringes your copyright or other intellectual property rights, you agree to provide notice of such suspected infringement to the following person, who is Framecaster's designated agent for the purposes of the Digital Millennium Copyright Act (17 U.S.C. 512):

Jaime Valenzuela
Jaime at Framecaster.com

Indemnity
You agree to defend, indemnify and hold harmless Framecaster, its affiliates, officers, directors, employees and agents, from and against any and all claims and demands, damages, losses, obligations, liabilities, costs and expenses (including but not limited to attorney's fees) arising from: (a) your use of and access to the Framecaster service; (b) your violation of any of these Terms; (c) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (d) any claim that any Content uploaded, posted, transmitted or otherwise made available by you via the Service caused damage to a third party. You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Services.

Proprietary Rights and Restrictions
The Framecaster service may contain copyrighted material, trademarks, service marks and other proprietary information, which may include without limitation text, video, software, photographs, graphics, images, music and sound (collectively "Proprietary Material") which contains proprietary and confidential information of Framecaster, its licensors and others that is protected by applicable intellectual property and other laws. You agree not to copy, reproduce, modify, publish, transmit, participate in the transfer or sale of, create derivative works of, or in any way exploit, in whole or in part, any Proprietary Material, except as expressly permitted by Framecaster, and/or solely for your personal, non-commercial use. Any Content or other information, materials or ideas transmitted by you to Framecaster may be disseminated or used by Framecaster or its affiliates for any purpose without compensation or liability, including without limitation in developing, manufacturing, marketing and selling products and services, subject to Content and certain other information provided by you that is covered by Framecaster's privacy policy.

Discontinuation of the Service
Framecaster may at any time, without notice or liability, change or eliminate the Services or the content contained therein, or restrict use of any portion of the Services. Framecaster may modify or discontinue, temporarily or permanently, all or any part of the Service with or without notice. Framecaster is under no obligation to preserve, provide access to or return to you any Content. You agree that Framecaster shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. Framecaster reserves the right to refuse access to the Services for any reason.

Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. FRAMECASTER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT; (b) FRAMECASTER WILL MAKE REASONABLE EFFORTS TO MAINTAIN THE SERVICE, HOWEVER, FRAMECASTER IS NOT RESPONSIBLE FOR ANY DAMAGE, LOSS OF DATA, CONTENT OR INFORMATION, REVENUE, OR OTHER HARM TO BUSINESS ARISING OUT OF DELAYS, MISDELIVERY OR NONDELIVERY OF INFORMATION, RESTRICTION OR LOSS OF ACCESS, BUGS, VIRUSES OR OTHER ERRORS, UNAUTHORIZED USE, OR OTHER INTERACTION WITH THE SERVICE. YOU ARE RESPONSIBLE FOR MAINTAINING AND BACKING-UP YOUR DATA AND INFORMATION THAT MAY RESIDE ON THE SERVICE. FRAMECASTER DOES NOT WARRANT THAT (i) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN ANY SOFTWARE USED IN CONNECTION WITH THE SERVICE WILL BE CORRECTED; (c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE SOLELY AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR CONTENT THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL; AND (d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

Limitation of Liability
Regardless of the form of action (whether in contract, tort, breach of warranty or otherwise), and except as otherwise expressly provided herein, YOU EXPRESSLY UNDERSTAND AND AGREE THAT FRAMECASTER SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, LOSS OF REPORTED EARNINGS, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FRAMECASTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER AND WHENEVER ARISING, AND REGARDLESS OF THE THEORY OF LIABILITY, INCLUDING WITHOUT LIMITATION ANY SUCH DAMAGES RELATING TO (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. Some states do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers and limitations may not apply to you.

General
(a) For U.S. Government users, the Service and any materials or software provided in connection therewith are "commercial items" and are provided only with the "restricted rights" set forth herein; (b) Notices to you may be made via either email or regular mail, and notices of changes to these Terms or other matters may be made, if at all, by displaying notices or links to notices to you generally on the Service; (c) These Terms and the relationship between you and Framecaster shall be governed by the laws of the State of California without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within Glendale, California; (d) No failure of Framecaster to exercise or enforce any right or provision of these Terms shall constitute a waiver of such right or provision; (e) The current version of these Terms and Framecaster's privacy policy constitute the entire agreement between you and Framecaster relating to the Service, superseding any prior agreements between you and Framecaster; (f) If any provision of these Terms or incorporated documents are found adjudicated invalid, such provision shall be reformulated to give the maximum enforceable effect to the intent of the original provision or Framecaster may terminate your access to and use of the Service, and the other provisions of these Terms and incorporated documents shall remain in full force and effect; (g) 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 these Terms must be filed within one year after such claim or cause of action arose or be forever barred; and (h) Section titles in these Terms are for convenience only and have no legal or contractual effect.

• Framecaster collects personal information when you create an account for a Framecaster service or choose to provide that information on your own accord. We may provide personal information about you with other Framecaster services or third parties to provide a better user experience, including customizing the service to better fit your profile.
• Framecaster uses cookies and other software to create an exceptional online experience for you and to adapt the Framecaster services to better fit your profile.
• Framecaster's services automatically collect information when you visit our website or use one of our services such as URL, IP address, type of browser and/or language preference, as well as the date and time of your request.
• Read more in the detailed privacy policy.

How We Use It

• We may utilize your personal information in order to tailor the features in the services you experience, such as site specific content and advertising.
• We may also utilize your personal information for the purposes of upgrading, auditing and examination to enhance Framecaster technologies and services.
• We reserve the right to share non-personal information collected from you with third parties outside of Framecaster.
• Any third parties we use to assist in the processing of personal information are required to comply with our Privacy Policy and all other security measures.
• We may also share information with third parties under certain conditions such as complying with legal practices, preventing fraud or pending harm, and safe guarding our sites and services.
• We may process your personal information on Framecaster’s servers in the United States of America and worldwide. On some occasions, we process personal information on a server outside the country you live in.
• Read more in the detailed privacy policy.

Your Protection

• You may refuse to provide personal information and/or cookies in your Internet browser, but this may result in certain features or services not functioning properly.
• Framecaster makes every effort to provide you the ability to edit your personal information when needed. We also provide the ability to correct and/or delete such data if it is inaccurate when reasonably possible.
• Read more in the detailed privacy policy.

More Information
For more information regarding Framecaster’s privacy practices, go to the detailed privacy policy. Framecaster is a member of the EU/US Safe Harbor Program. If you have additional questions, please contact us. Or send a letter to:

Corporate
c/o Framecaster Inc.

Framecaster Inc.
655 N. Central Ave, 17th Floor
Glendale, CA 91203

January 18, 2007
Framecaster recognizes that privacy is important to our users. This Policy is applicable to all of the services offered by Framecaster Inc. or its subsidiaries or affiliates. When more accurate information is needed to explain our privacy policies, we may contact our users via email.

Framecaster remains committed to the US safe harbor privacy principles of Notice, Choice, Onward Transfer, Security, Data Integrity, Access and Enforcement, and is a registrant with the U.S. Department of Commerce's safe harbor program.

If you have questions regarding this Policy, please contact us through our website or send a letter to us at Corporate, c/o:

Framecaster Inc.
655 N. Central Ave, 17th Floor
Glendale, CA 91203

Information we collect and how we use it

A number of Framecaster’s services do not require you to create an account or provide any personal information to us, such as Framecaster Publishing. In order to provide all of our services, we reserve the right to collect the following information:

• Information provided by you - When you register for a Framecaster Account or any other Framecaster services or promotions that require registration, we require your personal information such as your name, email address and an account password. Certain services, such as our partner programs, we request credit card or other payment information which we process in encrypted code on our secure servers. We may share personal information about you with other Framecaster services or third parties to provide a better user experience, including tailoring our service to better fit your profile. For certain services, you may have a choice to opt out of providing such information.
• Framecaster cookies - When visiting Framecaster, we transmit one or more cookies (a file containing a string of characters) to identify your computer’s browser. Cookies are used to improve the quality of our service by monitoring and storing user preferences and habits. Most internet browsers are set up to accept cookies by default, but it is possible to change your browser to reject all cookies or to prompt you when a cookie is being transmitted. This may result in some Framecaster features and services not functioning properly if your cookies are disabled.
• Log information - When using our services, Framecaster’s servers automatically record information that your internet browser sends when visiting a website. These server logs may include information about your web activity, Internet Protocol address, type of internet browser, browser language, the date and time of your activity and one or more cookies that may identify your unique browser.
• User communications - When communicating to Framecaster through e-mail or other forms, Framecaster reserves the right to retain those communications for the purposes of processing your requests, responding to your requests and improving a specific service.
• Affiliated sites - Some of our services may be offered through other web sites. Personal information provided by you to those sites may be obtained by Framecaster to provide the service. Framecaster may process this information under the conditions of this Policy. The sites offering Framecaster’s services may have different privacy policies and recommend you read their privacy policies.
• Links - Framecaster may post links in a manner that authorizes us to record whether these links have been visited. Framecaster uses this record to improve the quality of our services, content and advertising. For more information about Framecaster’s policy on links and redirected URLs, please read our FAQs.
• Other sites - This Privacy Policy is applicable to internet sites and services that are owned and operated by Framecaster. We do not have any control over the other site’s content or publishing results or links from Framecaster’s various services. These other sites may send their own cookies or other files to your computer, record data or solicit your personal information.

Framecaster only collects personal information for the reasons listed in the Privacy Policy and/or privacy policies for specific services. In addition to the above, reasons may include:

• Providing our services and products to users, including the posting of customized advertising and content;
• Checking, reposting and analysis for the purposes of maintaining, protecting and improving Framecaster’s services;
• Guaranteeing our network is functioning appropriately; and
• Expanding or creating new services.

Framecaster may utilize your personal information on our servers in the United States of America and in other countries. On some occasions, we process personal information on a server outside your own country. Framecaster may process personal information to provide our own services. On some occasions, Framecaster may process personal information on behalf of and according to the policies of a third party, such as our affiliates.

Choices for Personal Information
When you register for a particular service that requires registration, we request that you provide your personal information. If Framecaster uses this information in a manner other than the purpose for which it was obtained, we will ask for your permission prior to such use. If we ask to use personal information for any purposes other than those specified in this Policy and/or in the specific service policies, Framecaster will provide you an effective way to refuse the use of your personal information for those other purposes. Framecaster will not collect or process sensitive information for purposes other than those specified in this Policy and/or in the specific service policies, unless we have obtained your prior permission. You can refuse to submit personal information to any of Framecaster’s services, in which case Framecaster may not be able to provide those services to you.

Sharing of Information
Framecaster may only provide your personal information to other entities outside of Framecaster in the following limited circumstances:

• We have your permission. We require definitive permission for the sharing of any sensitive personal information.
• We provide this personal information to our subsidiaries, affiliated trusted entities for the purpose of using personal information on Framecaster’s behalf. Framecaster requires that these entities agree to use this information based on our instructions and in compliance with this Policy and any other measures for confidentiality and security.
• We have a strong commitment to the access, uses, preservation or disclosure of this information as reasonably necessary to (a) abide by any relevant law, regulation, legal process or enforceable governmental request, (b) enforce relevant Terms of Service, including investigation of possible future violations thereof, (c) monitor, prevent, or otherwise address fraud, breech of security or technical issues, or (d) avoid imminent harm to the rights, property or safety of Framecaster, its users or the public as required or permitted by law.

If Framecaster involved in a future merger, acquisition, or any form of sale of some or all of its assets, we will send a notice before your personal information is transferred and becomes property to a different entity and it’s privacy policy. Framecaster may share with third parties certain items of non-personal information, such as the number of users who were recorded for a particular term. This information does not identify you individually. Please contact us at the address below for any additional questions regarding your concerns of your personal information.

Security of Information
Framecaster ensures that the appropriate measures to secure and protect against access to, or alteration of, your personal information by unauthorized entities is observed. We guard against disclosure or destruction of your personal information by others. Practices in place include internal monitoring of our aggregated data, proper data handling practices and security measures, in addition to physical security measures to guard against unauthorized access to servers where we store personal data. Framecaster may grant restricted access to personal information to Framecaster employees, contractors and professional agents who need to know that information in order to maintain, develop or improve our services. All parties listed above are bound by confidentiality obligations and are subject to discipline, including termination and criminal prosecution, if they fail to abide by these obligations.

Data Integrity
Framecaster uses personal information only for the purposes for which it was obtained and in accordance with this Policy or any applicable service-specific privacy notice. Framecaster reviews the data collection, storage and processing practices to guarantee that we only obtain, store and use the personal information required to provide or improve our services. Framecaster takes optimal steps to ensure that the personal information we use is accurate, complete, and up to date, but we depend on you to update and/or correct their personal information whenever necessary.

Accessing and Updating Personal Information
Users of Framecaster’s services are guaranteed with access to your personal information to be able to correct this information if it is inaccurate or to delete this data at your request if it is not otherwise required to be retained by law or for legitimate business purposes. We request that individual users identify themselves and the information requested to be accessed, altered or removed before processing such requests, and we may decline to process requests that are unreasonably redundant or systematic, require disproportionate technical effort, jeopardize the privacy of other users, or would be extremely impractical (for instance, requests concerning information residing in some form of archived information), or for which access is not otherwise required. In any case where we provide information access and correction, we perform this service free of charge, except if doing so would require a disproportionate effort. Some of our services have different procedures to access, correct or delete users' personal information. We provide the details for these procedures in the specific privacy notices or FAQs for these services.

Enforcement
Framecaster updates this policy on a regular basis and encourages anyone who has questions or concerns regarding this Policy (or Framecaster's use of personal information) to contact us. You may send an email to info@framecaster.com or write to us at Corporate, c/o:

Framecaster Inc.
655 N. Central Ave, 17th Floor
Glendale, CA 91203, USA.

We take all matters regarding personal information seriously and will promptly reply to all inquiries and complaints. If a legal intermediary is needed we will comply with appropriate data protection authorities to resolve any complaints regarding the transfer of personal data.

Changes to this Policy
Although this Policy will be updated in the future, it does not take away your rights under this these terms as we expect these updates to have minor changes. All changes to this Policy will be updated on this page or an email may be sent for changes that are significant. All prior versions of this Policy will be in an archive and can be accessed upon request.

More Information
If you have any additional questions or concerns about this Policy, please feel free to contact us any time at info@framecaster.com or at:

Framecaster Inc.
655 N. Central Ave, 17th Floor
Glendale, CA 91203