1. Services. These Terms govern your use of www.instantbits.com and webvideocaster.com, and all related web applications, and websites (collectively, the "Site"), and the Web Video Caster and Web Video Cast mobile applications and other related apps and technology that we provide to you in connection with your use of the Services (the "App"). "Services" means the use of the Site and the App and all services that we provide to you through the App or the Site from time-to-time, including, but not limited to, the ability to browse, view, download, and cast media, videos, images, and audio.

3. General User Requirements. The Services are intended solely for users who are at least 16 years old and who meet the legal requirements to use the applicable services. The Services are only intended for use within the United States or other countries that we authorize for use of the Services. The Services may not be available in all localities or markets. By using the Services, you also certify that you will not use the Services if any applicable laws prohibit you from doing so in accordance with these Terms.

4. Permitted Use. You may only use the Services to browse, view, download, and cast videos and other media, and for such other purposes and functionalities as we authorize from time-to-time.

5. Purchases. You agree to pay for any and all purchases you make through the Services, or through an authorized marketplace for the Services, including, but not limited to, any subscription. You will be responsible for paying all applicable taxes and other governmental assessments on your purchases. We do not provide refunds and all sales are final. If you have issues with any of our Services, please contact us at webvideo@instantbits.com.

6. Anti-Piracy Policy. By downloading, streaming or casting any video or other content using the Services, you agree that you have rights to do so without violating the rights of any other person. InstantBits is committed to preventing online piracy, and to respecting your intellectual property and privacy rights. By using the Services, you agree not to engage or help others engage in online piracy, copyright infringement, or any other illegal activity through the Services.

Online piracy (the illegal downloading and/or distributing of copyrighted material) is a worldwide problem. Because copyrighted material is valuable, and it is easy to create exact copies of copyrighted materials from a single computer, online piracy is widespread.

The illegal copying of copyrighted material is a crime. In the United States and many other countries, copyright law provides for severe civil and criminal penalties for the unauthorized reproduction or distribution of copyrighted material. Copyrighted material includes, but is not limited to, computer programs and accompanying sounds, images, videos, and text. Under U.S. law, infringement may result in civil damages of up to $150,000 and/or criminal penalties of up to five years imprisonment and/or a $250,000 fine.

If you violate this policy, your use of the Services may be terminated and you may be subject to the above civil and criminal penalties.

7. User Submissions. We welcome your comments regarding the Services. We appreciate hearing from you. If you submit feedback to us regarding the Services, please be specific in your comments and do not submit creative ideas, inventions, suggestions, or materials. If you send us creative suggestions, ideas, drawings, concepts, inventions, or other information (a "User Submission"), you understand and agree that the User Submission will become solely our property. A User Submission and any elements contained in User Submissions, shall not be subject to any obligation of confidentiality on our part, and we will not be liable for any use or disclosure of any User Submission. We shall exclusively own all now known or later discovered rights to the User Submission and shall be entitled to unrestricted use of the User Submission and any other information you provide for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.

8. Acceptable Use Policy. You agree that you will use the Services only in a manner that complies with and does not violate any local, state, national or foreign law, rule or regulation. You acknowledge that you may not use the Services in any way that:

9. Termination. You may terminate your use of the Services at any time for any reason by using the features provided through the Services, and deleting the App and all copies thereof from your mobile device. We reserve the right to terminate your use of the Services at any time for any reason and without notice. Your right to use the Services will automatically terminate upon the termination of these Terms, or upon your violation of these Terms.

You agree not to copy, prepare derivative works based on, use for competitive purposes (including in connection with the preparation of, planning for, development of, or in any way related to the operation, marketing, development, deployment, or sale of competing products or services), reverse engineer, or attempt to duplicate any of the Services, in whole or in part. You certify that you are using the Services solely for the purpose of using the Services as permitted by these Terms and not for any other purpose. You agree not to data mine, scrape, fusker, or otherwise attempt to employ any process or technique, automated or manual, to extract information or content from the Services.

All aspects of the Services, including all aspects of their presentation and all of their underlying code, including, but not limited to, their design, organization, structure, selection, coordination, expression, "look and feel," and arrangement are controlled, owned or licensed by or to us, and are protected by law. No part of the Services may be used in any manner not expressly authorized by these Terms. No part of the Services may be used, copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed without our express prior written consent.

13. Privacy and Policies. Your use of the Services is subject to our Privacy Policy available at www.webvideocaster.com/privacypolicy, and all other policies that we provide to you from time-to-time by posting such policies on the Services or otherwise providing them to you (collectively, the "Policies"). You agree that the Policies are a part of these Terms. We may modify the Policies at any time in the same manner as we may modify the rest of these Terms.

14. Our Right to Modify these Terms. We may modify these Terms at any time by posting them in the Services. The modified Terms will be effective when provided to you, unless we specify a later date. If you do not agree to the modified Terms, your only option is to stop using the Services and delete the App from your mobile device after the effective date of the modified Terms. Your continued use of the Services after the effective date of the modified Terms will be your affirmative agreement to the modified Terms. We may modify any information referenced in the hyperlinks from these Terms from time to time, and such modifications will become effective upon posting, unless a later date is specified. Continued use of the Services after the effective date of any such changes shall constitute your consent to the changes. these Terms may only be modified as provided in this Section or by written agreement of the parties.

15. Our Right to Modify these Terms. We reserve the right to suspend, restrict or terminate your use of the Services at any time and without notice if we, in our sole discretion, suspect that you violated these Terms; violated any law or third-party agreement; or committed any other act which we, in our sole discretion, consider to be detrimental to or inappropriate for the Services. You agree that if you, through your use of the Services, appear to have infringed on the intellectual property rights of any other person or entity, we may terminate your use of the Services.

16. Continuing Liability. Even after you are no longer an active user and after termination of your use of the Services, you will remain bound by the representations, warranties, and promises you have made to us regarding any User Submissions or other information you provided to us. You will likewise remain responsible for any injury, damage, or other liability that arises out of or relates to your User Submissions or provided information, or any other aspect of your use of the Services.

17. Access After Termination. Upon expiration or any other termination of your use of the Services, you will no longer have access to the Services, nor any information entered into and stored in the Services. After your use of the Services is terminated, we have no obligation to maintain any information stored in or related to your use of the Services, including, but not limited to, your User Submissions, browse history, or data. We reserve the right to permanently erase all User Submissions, data, and other information you submitted or otherwise had access to at any time after your use of the Services is terminated, including, but not limited to, all reviews and ratings. It is your responsibility to keep and maintain copies of your data.

18. Disclaimers. The following disclaimers are made on behalf of us, our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, and owners. The Services is provided on an "as is" basis and without any warranty or condition, express, implied or statutory. We do not guarantee and do not promise any specific results from use of the Services, including the ability to provide or receive Services at any given location or time. We specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. We do not warrant that your use of the Services will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error-free, or will meet your requirements or the requirements of any third party, that any defects in the Services will be corrected, or that the Services will be free of viruses or other harmful components. We disclaim liability for, and no warranty is made with respect to, interoperability with any system, connectivity or availability of the Services. We expressly disclaim all liability arising from the unauthorized use of the Services. You agree to comply with all laws that govern your use, possession, and authorized or unauthorized disclosure or data breach involving personally identifiable information, and all other information that you receive or submit to us through use of the Services.

We make no representation, warranty or guaranty that anyone who uses the Services will be able to achieve any particular result, or that the content of the Services is accurate, complete, or current.

IN NO EVENT WILL INSTANTBITS BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE SERVICES, SERVICE INTERRUPTIONS, DATA COSTS, DAMAGE OR REPAIR/REPLACEMENT COSTS FOR MOBILE DEVICES, TELEVISIONS, OR INTERNET, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, THE SERVICES, OR THESE TERMS, HOWEVER ARISING, INCLUDING NEGLIGENCE, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

21. Third-Party Materials. The Services may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising ("Third-Party Materials"). You acknowledge and agree that we are not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. We do not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.

22. General. These terms shall be governed by the laws of the State of Kansas without regard to conflict of law principles. If any provision of these Terms is or becomes invalid or non-binding, the parties shall remain bound by all other provisions of these Terms. In that event, a court of competent jurisdiction will replace the invalid or non-binding provision with provisions that are valid and binding and that have, to the greatest extent possible under applicable law, the same effect as the invalid or non-binding provision, given the contents and purpose of these Terms. You agree that these Terms may be automatically assigned by us, in our sole discretion by providing notice to you. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. A party's failure to act with respect to a breach by the other party does not constitute a waiver of the party's right to act with respect to subsequent or similar breaches. these Terms and the Policies contain the entire understanding and agreement between you and us with respect to the subject matter of these Terms, and supersede all previous written or verbal understandings and agreement between the parties. References to these "Terms" will be deemed to include a reference to all Policies. The relationship of the parties is solely that of independent contractors and licensor and licensee, as applicable. No partnership, employment relationship, joint venture or other relationship will be deemed to exist among or between any of the parties as a result of, or in connection with these Terms.

23. Mandatory Arbitration, Venue, Limitation of Remedies and Damages. All controversies, claims, and disputes of any kind arising out of or relating to these Terms, or the Services, shall be subject to mandatory binding arbitration pursuant to the Commercial Arbitration Rules of the American Arbitration Association. The arbitration proceedings shall be held in the Sedgwick County, Kansas. If we are ever determined to be liable to you or any third party for any reason, then your sole and exclusive remedy shall be damages payable to you or on your behalf in an amount equal to one-half of the fees you paid to us during the 12 month period ending on the date of the events that resulted in the claim.

24. Notices. Except as expressly stated otherwise, any notices to us shall be emailed to webvideo@instantbits.com or through any means we designate in the Services. All notices we send to you will be sent to you through the Services or given to you via the email address or physical address you provide to us. We may update our email address or method of receiving notices from you at any time by providing written notice to you, updating the applicable features in the Services, or by notifying you in writing.