Terms of Service and Disclaimer

Welcome to this Web site, which is owned and/or operated by New England Casting, a imaJIMation, LLC division, necasting's client, and/or necasting's subsidiary, affiliate or related company (throughout these Terms of Use " necasting " refers collectively to necasting, and its clients, subsidiaries, affiliates and related companies) (the "Site"). Necasting maintains the Site as a service to its visitors, subject to the following terms and conditions concerning the use of the Site ("Terms of Use"). When you use the Site, you accept the Terms of Use; if you do not agree to the Terms of Use you may not use the Site. Necasting reserves the right to modify content on the Site and these Terms of Use periodically without prior notice.

Use of Content on the Site

You may view, download, and print contents from the Site subject to the following conditions: (a) the content may be used solely for information purposes; and (b) the content may not be modified or altered in any way. You may not republish, distribute, prepare derivative works, or otherwise use the content other than as explicitly permitted herein.

You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of necasting without the express written consent of necasting. You may not use any meta tags or any other "hidden text" utilizing necasting's name or trademarks without the express written consent of necasting. You may not use any necasting logo or other proprietary graphic or trademark as part of the link without express written permission.

You do not acquire any ownership rights to any content in the Site. Any unauthorized use terminates the permission or license granted by necasting.

Any statements contained within the Site concerning necasting's future prospects are "forwarding looking statements" under the Federal Securities laws. There can be no assurance that future results will be achieved and actual results could differ materially from forecasts, estimates and summary information contained in the Site.

Reviews, Comments, Communications, And Other Content

You may submit comments and provide other content so long as the content is not obscene, illegal, threatening, or defamatory and so long as the content does not invade the privacy or infringe the intellectual property of a third party. Further, such content may not contain software viruses, mass mailings, chain letters, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of the information.

By submitting information, you grant necasting a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to reproduce, use, modify, publish, adapt, translate, create derivative works from, distribute, and display such content throughout the world in any media. By submitting information you also represent and warrant that that the content is accurate; you own or have permission to use the content that you submit; and that use of the content will not cause injury to any person or entity.

Products and Services Offered By New England Casting on the Site

Necasting offers products and services on the Site. When you enroll to obtain a product or service from necasting on the Site, you accept the specific agreement applicable to that product or service. Your use of any such product or service offered on the Site is governed by the terms and conditions in the agreement for that product or service. Except as provided in that agreement, necasting does not warrant that any product descriptions or content contained in this Web site is accurate, current, reliable, complete, or error-free.

Patent Information

Necasting might own one or more United States and international patents that apply to the Site.

Copyright Information

All contents of this Web site are: ©2002 Newenglandcasting.com, ©2002 imaJIMation, LLC., 29 Franklin St. Augusta, Maine, 04330. All rights reserved. The Site and the content within the Site are the property of necasting, its owners, its clients, or its suppliers and are protected by United States copyright laws and international treaty provisions. The compilation, organization and display of the content as well as all software and inventions used on and in connection with this Site are the exclusive property of necasting. Necasting reserves all rights in the Site and its content not specifically granted in any agreements with necasting or in the Terms of Use.

Copyright Complaints

Necasting respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at jstiles@necasting.com

Trademark Information

Necasting and other marks indicated on our site are registered trademarks of necasting in the United States and/or other countries. Other necasting marks, graphics, logos, page headers, button icons, scripts noted on the Site are necasting's service marks, trademarks and trade dress and are the sole and exclusive property of necasting. Necasting’s service marks, trademarks and trade dress may not be used in any manner that is likely to cause confusion among customers, in any manner that disparages or discredits necasting and in connection with any service or product that is not sponsored, endorsed or produced by necasting. All other trademarks not owned by necasting, its clients, or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by necasting or its subsidiaries.

Third Party Web Sites and Information

The Site may provide hyperlinks to third party Web sites or access to third party content. Necasting does not control, endorse, or guarantee content found in such sites. You agree that necasting is not responsible for any content, associated links, resources, or services associated with a third party site. You further agree that necasting shall not be liable for any loss or damage of any sort associated with your use of third party content. Links and access to these sites are provided for your convenience only.

Disclaimer

EXCEPT AS EXPRESSLY STATED IN AN AGREEMENT BETWEEN YOU AND NECASTING, ALL CONTENT, SERVICES, PRODUCTS AND SOFTWARE PROVIDED ON THIS WEB SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. NECASTING AND ITS SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. YOU ARE SOLELY RESPONSIBLE FOR THE APPROPRIATENESS OF THE SITE, ITS CONTENT, AND THE PRODUCTS AND SERVICES OFFERED BY NECASTING ON THE SITE FOR YOUR INTENDED APPLICATION AND USE. NECASTING DOES NOT WARRANT THAT THE SITE, ITS CONTENT, OR THE PRODUCTS AND SERVICES IT OFFERS ON THE SITE MEET YOUR REQUIREMENTS. SUBJECT TO THE TERMS OF ANY AGREEMENT BETWEEN YOU AND NECASTING, NECASTING, ITS SUPPLIERS AND LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES, EVEN IF NECASTING, ITS SUPPLIERS OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR 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 MIGHT HAVE ADDITIONAL RIGHTS.

Indemnity

You agree to defend, indemnify, and hold harmless necasting, employees, attorneys, and agents ("Indemnities") against all claims, expenses, liabilities, losses, costs, and damages, including reasonable attorney's fees, that the Indemnities may incur (i) in connection with your use of the Site or any hyperlinked Web site or (ii) resulting from content you supply.

Applicable Laws

All matters relating to your access to and use of the Site shall be governed by U.S. federal law or the laws of the States of where the specific Web site you are viewing is hosted without regard to its conflict of law principles. Any legal action or proceeding relating to your access to or use of the Site shall be instituted in a state or federal court in the jurisdiction in which the specific Web site you are viewing is hosted.

If there is a determination that any provision of these Terms of Use is invalid or unenforceable, that determination will not affect the rest of the Terms of Use and the Terms of Use shall be deemed amended to the minimum extent necessary to make them valid and enforceable.

Contact Information

If you have any questions regarding these Terms of Use, please contact necasting at jstiles@necasting.com.

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FOR TALENTS AND CLIENTS LOOKING FOR TALENTS (CLIENTS):

You are responsible for conducting your own investigation regarding any and all claims made by prospective talents or clients. You assume all liability for use of any information you find in any necasting publication. The operators of necasting assume no responsibility and in no way warrant the accuracy of the information contained in any of the pages or emails published in relation with necasting. Not all necasting talent portfolios are created directly by the talent, some are acting as agents or managers for the talents.

Talents and Clients should be aware that each Talent or Client sets its own contract and payment policies - necasting recommends that each party asks for and receives a written notice of the working methodology of the other party. Necasting is not responsible for the refund or payment of any work.

None of the information contained in any necasting web page is confirmed or warranted by any party. Confirmation of information published herein is the sole responsibility of the Talent or Client. Qualification of all Talents and Clients is the sole responsibility of each party.

Service Guarantee

If the operators of necasting are unable to provide the promised level of service for any reason, including, but not limited to service outages, war, acts of God or negligence, neither necasting nor its owners will not be held liable for any costs. Necasting does not guarantee that the necasting web site will be available 100% of the time.

Necasting is not a licensed agent in any location.

Membership Cancellation Policy

Necasting Premium Memberships run on an annual basis. Due to the fact that the vast majority of the work involved in promoting talents on the Internet occurs in the first few days, necasting is unable to offer a refund on memberships.

Local Laws and Regulations

Talents and Clients are responsible for investigating and adhering to all local regulations including, but not limited to, permits, licenses, taxes, and safety compliance.

Spamming Policy

Note: Necasting does not participate in or tolerate the sending of Unsolicited Commercial Email (SPAM) - necasting reserves the right to cancel (without refund) any member that mentions necasting or any of its associated websites, URLs, or any associated necasting email address in any SPAM e-mail message or Usenet posting. Necasting is the sole judge in determining what constitutes SPAM.

Quality Control

It is the goal of necasting to reduce the volume of unsolicited information delivered via necasting. To that end, leads and answers may be monitored and filtered by necasting prior to delivery to Talents and Clients. Leads and Answers may be read by necasting staff members. Despite necasting filtering efforts, it is likely that some unsolicited leads and answers will be delivered anyway. It is also likely that some solicited leads and answers may not be delivered as a result of necasting filtering efforts.

Leads and answers are delivered via Internet email and are not to be considered private. Internet e-mail delivery is not 100% reliable and necasting cannot be held responsible for undelivered messages or for missed income as a result of undelivered messages. Necasting, at its own discretion, may supply to Clients and Talents the direct contact information of any user of the necasting service.

Membership Policies

Necasting reserves the right to reject or edit any information submitted at our sole discretion. Once material has been submitted, edited and posted on the necasting web site, it becomes the property of necasting and its affiliated sites and may not be copied from the necasting web site without written permission.

Acceptable Content

Clients and Talents are expected to follow the use only acceptable content. Clients and Talents using content which is not acceptable under necasting sole discretion are subject to cancellation at the sole discretion of necasting.