TERMS AND CONDITIONS

Last Updated: April 15, 2024

1. INTRODUCTION

By entering and using the website https://thekingscasting.com/ (“The Kings Casting”), or any of our affiliated websites (collectively, the “Site”), to access Our services (“Services”) you agree to be bound by this “Agreement” (the “Terms and Conditions”). These Terms and Conditions are a binding agreement between you (“You”) and the operator of the Site, King Casting LLC, a California limited liability company with its address 18375 Ventura Blvd., PO BOX 514, Tarzana, California 91356 (the “Company”, “The Kings Casting” “Us”, “Our”, “We”).

Please read the following terms carefully:

THE KINGS CASTING IS A PLATFORM ACTING AS VENUE MEDIUM WHICH FACILITATES THE COMMUNICATIONS BETWEEN MEMBERS. THE KINGS CASTING IS NOT A TALENT AGENCY, TALENT SCOUT, TALENT LISTING SERVICE OR EMPLOYER.

THE KINGS CASTING IS NOT A TALENT AGENCY AND THIS IS NOT A TALENT AGENCY CONTRACT. ONLY A TALENT AGENT LICENSED PURSUANT TO SECTION 1700.5 OF THE CALIFORNIA LABOR CODE MAY ENGAGE IN THE OCCUPATION OF PROCURING, OFFERING, PROMISING, OR ATTEMPTING TO PROCURE EMPLOYMENT OR ENGAGEMENTS FOR TALENT.

THE KINGS CASTING DOES NOT GUARANTY ANY RESULTS.

This Agreement applies to all Users whether they are Members or not. You become a “User” by accessing the Site or Service in any way. You become a “Member” by registering with the Site for an account, as described below.

Violation of any of the terms below will result in the termination of your account.

2. REGISTRATION OF MINORS

In order to access this Site or utilize Our Services, You MUST be of the age of majority in Your jurisdiction. You hereby warrant and represent that You are at least eighteen (18) or the age of majority in Your jurisdiction, and that You have the legal capacity to enter into these Terms and Conditions. Only parents, legal guardians or talent representatives may create an account and utilize our services on behalf of minors. In order for an authorized representative to be able to register an account on the Site on behalf of a minor; such authorized representative must provide Us with evidence of such consent or authorization of the holder of parental responsibility for the minor. The Kings Casting may refuse to register or process an account that is being made on behalf of a minor until We receive this evidence of consent or authorization.

3. SERVICES ON OUR PLATFORM

The Company operates the Site as a platform for facilitating the hosting, communication and networking services of individuals and companies in the entertainment industry. Please note that The Kings Casting does not produce or provide any of the content that is available on the Site but rather solely provides a platform which enables Members to access and share live video/audio content and interact with other Members, as permitted within these Terms and conditions.

Members may upload certain audio, visual or audiovisual content (the “Content”) to the Site for purposes of carrying out the purpose of this Site and utilizing Our Services. Members may send electronic messages to other Members (each a “Message”), provided that such Messages are in adherence to these Terms and Conditions.

The Company operates the Site as a neutral host.User does hereby acknowledge and agree that any participation in the Site by any User shall not constitute the Company’s endorsement or sponsorship of such participant. Company is not responsible or liable for any acts, omissions, agreements, promises, content, products, or other services, comments, opinions, advice, statements, offers, or information of any Member. Members are independent parties, and the Company does not, and shall not, have any responsibilities or liability for the acts, omissions, agreements, promises, comments, opinions, advice, statements, or offers of any Member.

4. MEMBERSHIP

You hereby agree to provide the Company with true, complete and up-to-date information regarding your registration information. Any Member providing the Company with information that is not true, complete and up-to-date shall not be permitted to continue to use the Site, and may be subject to civil and criminal liability. You agree to provide the Company with a valid email address for Site verification purposes and for services quality assurance. This means that You are agreeing to and consent to the Company to send you verification emails and also emails regarding the Service of the Site. By becoming a registered Member of the Site, you agree to receive from the Site commercial emails about the services and products of the Site and its partners. You are solely and entirely liable for all of the activities in which you engage in on the Site and through our Service, including any such activity that You engage in through your mobile phone and/or email address.

Please note that as a Member you may not permit any other person to use your account. You must keep your information strictly confidential and may not disclose them to any person. By signing up to become a Member of the Site, will hereby expressly agree to refrain from forwarding, publishing or otherwise disseminating any Content to third parties via any means of communication or distribution.

You may not assign or transfer any of your rights or obligations under these Terms and Conditions, your username or your password, to any other person or entity. You must promptly inform the Company of any apparent breach of security, such as loss, theft, or unauthorized disclosure or use of a username or password. Members who are not permitted to continue to use the Site may not access the Site or receive any Services without the prior express written permission of the Company.

Users do herby acknowledge and agree that Users shall not be permitted to access certain services on the Site until such User becomes a Member in accordance with the registration process set forth on the Site. Users who do not become Members shall not be permitted to access certain features or obtain certain services.

5. MEMBER COMMUNICATION

As a technology platform; The Kings Casting does not control or monitor every aspect of the Services, including communications between Users. Notwithstanding the above language; The Kings Casting may, in its sole discretion, limit or prohibit Members from contacting other Members through the use of the Site. Furthermore, The Kings Casting reserves the right, in its sole discretion, to terminate a Member’s Subscription in order to enforce these Terms and Conditions or to protect other Members or Users. You do hereby expressly acknowledge and agree that You are solely responsible for your interactions with other Members.

6. SUBSCRIPTIONS

The Kings Casting offers different types of membership subscription options. Each subscription option offers different features and pricing, which depends upon the selected membership subscription option. The price and features contained within each membership subscription option are subject to change in accordance with these Terms and Conditions. A Member may elect to change the selected membership subscription option provided however that a selection of a lower priced membership subscription option will only take effect upon the subsequent billing cycle whereas the election to upgrade to a higher-priced plan will result in an immediate payment of the difference in price between the subscription membership option. In the event of any change that is made to the pricing or featuring offered under a particular membership subscription option; The Kings Casting will make reasonable efforts to provide advance notice to affected Members of any such changes.

You acknowledge and agree that each paid subscription option is billed on a monthly basis. You do thereby agree to pay all fees for the membership subscription option that You have selected and do thereby authorize the Payment Processors to bill You the appropriate fee, applicable taxes and any other disclosed charges for the Services using the billing information that You have provided. All membership subscription options will automatically renew at the stated monthly subscription rate. The terms of your selected payment method may be determined by agreements between you and the financial institution or debit/credit card issuer and may include foreign transaction fees. You agree to be responsible for the agreed upon monthly subscription fee and that Your membership subscription may be terminated in the event of Your failure to pay the agreed upon subscription amount.  

YOU HAVE THE RIGHT TO CANCEL YOUR MEMBERSHIP SUBSCRIPTION OR ANY OTHER ACCOUNT AND OBTAIN A FULL REFUND FOR ANY AMOUNT PAID WITHIN 10 BUSINESS DAYS OF INITIAL PURCHASE. After the 10-day cancellation period, You may also cancel your account at any time for any of the Services, however no refund shall be provided after such cancellation period has lapsed. The Kings Casting will cancel Your Membership account as soon as possible after resolving any outstanding account issues and in accordance with applicable law.

7. BILLING

By registering to become a Member of the Site; You agree to the billing terms and costs that are displayed on the Site and as may otherwise be found on the Payment Processor’s respective website. As an express condition of Your membership and access to Our Services, You agree to pay all fees applicable to Your subscription. Our Site uses billing companies which depend in part on the Member’s geographical location. If multiple Payment Processors are joined utilizing any payment method, Member’s statement may list each individual purchase that comprise of the transaction. We do not control the terms of or have access to the accounting services of such Payment Processors. We are not liable for any technical or billing matters which arise from anypayment processor’s actions or inactions. You acknowledge and agree that Your sole communication and recourse regarding such billing matters must solely be addressed to any applicable payment processor.

Please be advised that We will not have any additional information if You attempt to make a purchase and your method of payment is declined. In this case You may wish to contact the relevant merchant or banking company to inquire as to why the charge was declined, or to otherwise try using a different payment method.

8. CANCELLATION & REFUND POLICY

You may cancel your membership to our Site and for the Services at any time. The Kings Casting reserves the right, in its sole discretion, to adjudicate a request for refunds on a case-by-case basis. Cancellation of the Services will terminate your membership and you will no longer be able to access any of the services that have been purchased under the selected membership subscription option. Members are liable for charges incurred from purchases made until the date of the termination.

9. CARDHOLDER DISPUTES/CHARGEBACKS

All chargebacks are thoroughly investigated and may prevent future purchases through any applicablepayment processor, depending on the particular circumstances. Prior to filing a chargeback, We encourage You to contact Company’s customer service as the filing of a chargeback may result in the termination or suspension of Your account. Fraud claims that are submitted may result in the prevention or the suspension of our Service and/or the prevention of future payments from being made by Member’s issuer.

10. AUTHORIZATION OF USE

Users of the Site are hereby authorized a single access rights to access the service or material located at the Site. This access rights shall be granted for sole use to one User. All memberships are provided for personal use and shall not be used for any commercial purposes or by any other third parties. Commercial use of either the Site, Our Service or any Content that is not owned by You is strictly prohibited unless authorized by Us in writing. No Content or material not owned by You contained on the Site may be transferred to any other person or entity, whether commercial or non-commercial. No Content or material that is not owned by You that is contained within the Site may be distributed through peer-to-peer networks or any other file sharing platforms. In addition, Content that does not belong to You may not be modified, or altered, or used for any rental, sale, or display. Content shall include any copyright, trademarks, or other proprietary rights arising there from. Payment Processor and the Site reserve the right to terminate a User’s access rights to the Site at any time if the provisions to these Terms and Conditions are breached. In the case that the terms are breached, Member will be required to immediately destroy any information or material printed, downloaded or otherwise copied from the Site or received from the Service.

11. YOUR USE OF THE SITE

You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including, but not limited, to any applicable copyright or other intellectual property laws).

You understand that We may use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service. This Site contains material which is owned by or licensed to Us or used with permission of our clients or users. This material includes, but is not limited to, wording, design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions. This Site and all items published by the Company are subject to any and all applicable copyrights, trademarks, and patents of the Company. All trademarks reproduced on the Site which are not the property of, or licensed to, the Company are acknowledged on the Site.

You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Site, Service or Company, or any other service thereof. Unauthorized use of this Site may give rise to a claim for damages and/or be a criminal offense. You agree to act in a legal and appropriate manner at all times.

We reserve the right to terminate your account as a result of the violation of any of the terms of this Terms and Conditions.

The Site does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Site or any linked website or featured in any banner or other advertising, and the Site will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services.

12. INTELLECTUAL PROPERTY RIGHTS

The Kings Casting name, logo, and all product names, company names, and other logos, unless otherwise noted, are trademarks and/or trade dress of The Kings Casting. The use or misuse of any such marks or any other materials contained on the Site, without the prior written permission of their owner, is expressly prohibited. All such information and content is owned or licensed by the Company. The Company reserves the right to remove any Content. In addition, the Company shall be entitled to cause You to cease using the Site and obtaining any Services, and to terminate your account immediately in the event that the Company deems that You to be in violation of these Terms and Conditions. All materials on the Site, including pursuant to the provision of any Services, are proprietary, constitute valuable intellectual property, are copyrighted and are protected under treaty provisions and United States and/or worldwide copyright laws, and may not be reproduced, copied, edited, published, transmitted or uploaded in any way without written permission from the Company. You shall not download, copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content which are not permitted in the Terms and Conditions.

13. PROMOTIONAL EMAILS AND SPAM

The Kings Casting maintains a strict zero-tolerance anti-SPAM policy. We expressly forbid any third party from sending any sort of solicited or unsolicited promotional emails on behalf of the Company or the Site. The Company will only send promotional emails to you if you have registered on the Site. If you receive any such email, you will be given the opportunity to unsubscribe from future emails by following the instructions in the email.If you believe you have received any unsolicited Messages or any communication which constitutes SPAM from Us, please contact at: support@thekingscasting.com 

14. CODE OF CONDUCT& ASSUMPTION OF RISK

You agree that when using the Service, you shall comply with all applicable laws, rules and regulations. Additionally, you agree that you will not:

1) upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;

2) harm minors in any way;

3) impersonate any person or entity, including, but not limited to a Company official, or falsely state or otherwise misrepresent your affiliation with a person or entity;

4) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;

5) upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

6) upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;

7) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas that are designated for such purpose;

8) upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

9) disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;

10) 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;

11) intentionally or unintentionally violate any applicable local, state, national or international law, including any other securities exchange, including, without limitation,  and any regulations having the force of law;

12) “stalk” or otherwise harass another;

13) collect or store personal data about other users; or

14) reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, any data or Content on the Service, use of the Service, or access to the Service.

You expressly understand and agree and hereby assume the risk that:

1) any material downloaded or otherwise accessed through the use of the Service is done at Your own discretion and risk and that You are solely responsible for any damage to Your computer system or loss of data that results from the download of any such material.

2) no advice or information, whether oral or written, obtained by You from Company or through or from the service shall create any warranty not expressly stated in the Terms and Conditions.

15. DISCLAIMER

COMPANY PROVIDES THE SERVICE AND THE CONTENT TO YOU “AS IS” AND “AS AVAILABLE”. COMPANY TRIES TO KEEP THE SERVICE UP, BUG-FREE AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE. COMPANY DOES NOT GUARANTEE THAT THE SERVICE WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT THE SERVICE WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. COMPANY IS NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION OF THIRD PARTIES, AND YOU RELEASE COMPANY FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU. USER UNDERSTANDS THAT THE KINGS CASTING CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING OR OTHERWISE ACCESSIBLE FROM THE INTERNET WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MAY MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. USER IS RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY MEMBER PARTICULAR REQUIREMENTS FOR ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO THE SITE FOR THE RECONSTRUCTION OF ANY LOST DATA. THE KINGS CASTING DOES NOT ASSUME ANY RESPONSIBILITY OR RISK FOR MEMBER USE OF THE INTERNET. USERS USE OF THE SITE IS AT THEIR OWN RISK. THE CONTENT IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. THE KINGS CASTING DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. THE KINGS CASTING DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THE SITE, MESSAGES AND SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE KINGS CASTING DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND THE KINGS CASTING MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. USER, AND NOT THE KINGS CASTING, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE SITE OR ITS CONTENT OR SERVICES. THE KINGS CASTING MAKES NO WARRANTIES THAT MEMBER USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT. THE KINGS CASTING DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE CONTENT’S APPROPRIATENESS OR AUTHORIZATION FOR USE IN ALL COUNTRIES, STATES, PROVINCES, COUNTY OR ANY OTHER JURISDICTIONS. IF MEMBER CHOOSES TO ACCESS THE SITE OR USE THE SITE’S SERVICES, MEMBERS DO SO ON MEMBER OWN INITIATIVE AND RISK AND ARE RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS.

16. LIMITATION OF LIABILITY

IN NO EVENT WILL COMPANY OR ITS PROVIDERS, SUPPLIERS, ADVERTISERS AND SPONSORS, BE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR, AND YOU HEREBY KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY TYPE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (even if Company has been advised of the possibility of such damages), AND ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, ARISING OUT OF OR IN CONNECTION WITH THE SERVICE, THE CONTENT, OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SERVICE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER THE CLAIM IS BASED UPON ANY CONTRACT, TORT, OR OTHER LEGAL OR EQUITABLE THEORY. WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT COMPANY WILL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR (a) ANY FAILURE OF ANOTHER USER OF THE SERVICE TO CONFORM TO THE CODES OF CONDUCT, (b) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (c) ANY UNAUTHORIZED ACCESS TO, USE OF OR ALTERATION TO OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (d) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, DEFECTS, DATE BOMBS, TIME BOMBS OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE, (e) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY CONTENT, (f) YOUR USE OR INABILITY TO USE THE SERVICE, (g) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHAESD OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE OR (h) ANY OTHER MATTER RELATED TO THE SERVICE.

YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE ALLOCATION OF RISK BETWEEN US IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US. OUR AGGREGATE LIABILITY ARISING OUT OF THESE TERMS OR THE USE OF THE SERVICE WILL NOT EXCEED ONE HUNDRED DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES, SO THESE MAY NOT APPLY TO YOU. IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE.

IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY EXPRESSLY WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.

17. THIRD PARTY LINKS AND PRODUCTS

Our Services may contain images and content, including but not limited to text, software, images, graphics, data, messages, or any other information, and any other website content owned, operated, licensed, or controlled by third parties.

Through or in connection with the Site and the Services, We may provide You with links to other websites, and offers for products and services of third parties. We have no control over such third party sites or over such products and services. We are not responsible for and do not endorse (a) the content of such third party sites, (b) the products or services offered by such third parties or (c) the privacy and other practices of such third parties. Nor are we responsible for the availability of such sites or products or services offered by such third parties. Any links, images or content which is found to be in violation of these Terms and Conditions shall be promptly removed by Us.

18. RESTRICTED LOCATIONS

The laws of Your individual city, county, state, province or nation may regulate the activity discussed or promoted by the Site, or by third parties communicating on the Site. Check Your local laws before taking part in any such activities. The Site and Services may not be accessed, viewed, downloaded or otherwise received in any country or location in which doing so would, or could be deemed a violation of any law, regulation, rule, ordinance, edict or custom. You represent and warrant that you are not located in an area where such content is prohibited or restricted and that you will not access the Site or utilize the Service or any such Content made available in connection therewith in any such location. The Company is not responsible for any restriction or prohibitions that are imposed by Us or any third party, including government bodies, upon You to the Site or our Services.

19. INDEMNIFICATION

You shall indemnify and hold the Company, the owners and operators of the Company and the Site as well as their members, managers, officers, directors and employees harmless, against any and all expenses and/or losses, including reasonable attorney fees, incurred by the Company in connection with any claims of any kind, that result directly or indirectly from Your activities, actions, inactions, misrepresentations, breaches or falsities in connection with the Company including without limitation on the Site or via the Services. Such claims shall include, without limitation, claims in respect of any violation of law in any of the Content or Messages.

20. NOTICE

Notices by the Site to Members may be given by means of electronic messages through the Site, Messages and/or Services, by a general posting on the Site, or by electronic mail or mobile messaging. Notice or communications by Members or Users to Company shall be in writing and shall be deemed effectively given: (a) upon personal delivery to the party to be notified, (b) when sent by confirmed electronic mail or facsimile if sent during normal business hours of the recipient, and if not so confirmed, then on the next business day, (c) five (5) days after having been sent by registered or certified mail, return receipt requested, postage prepaid, or (d) one (1) day after deposit with a nationally recognized overnight courier, specifying next day delivery, with written verification of receipt. All communications, inquiries, questions, complaints, cancellations or notices regarding the site must be directed to The Kings Casting at: support@thekingscasting.com

21. ARBITRATION

THE PARTIES CONSENT AND STIPULATE THAT THE EXCLUSIVE VENUE OF ANY ARBITRATION PROCEEDING AND OF ANY OTHER PROCEEDING UNDER THIS AGREEMENT SHALL BE THE STATE OF CALIFORNIA (the “Agreed Venue”). For this purpose, the Parties also expressly consent to personal jurisdiction in the Agreed Venue. Any controversy or claim arising out of or relating to the Company, the Site, the Services or these Terms and Conditions shall first be resolved by good faith discussions between the parties. If the dispute is unable to be resolved, the dispute must be settled by arbitration. The location of the arbitration proceeding shall be the State of California. The number of arbitrators shall be three. California law shall apply. Judgment of the award may be entered in any competent court. Except as may be required by law, neither a party nor its representatives may disclose the existence, content, or results of any arbitration without the prior written consent of both parties. The arbitrators shall have no authority to award punitive damages or injunctive relief. The cost of the arbitration proceeding shall be paid by the unsuccessful party. The arbitrators will be entitled to award the arbitration fees and expenses as damages in his/her discretion. This section shall survive the termination or cancellation of these Terms and Conditions. In the event that such controversy or claim results in a lawsuit, the venue of such lawsuit shall be the State of California. YOU HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY.

22. ENTIRE AGREEMENT

These Terms and Conditions comprise the entire agreement between the Company and you, superseding any prior agreements between the Company or any predecessor company and you.

23. SEVERABILITY

If any provision of these Terms and Conditions shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any of these Terms and Conditions are invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

24. HEADERS AND FOOTERS

Headers and Footers of sections in these Terms and Conditions are included for convenience only and shall not be used to interpret these Terms and Conditions.

25. WAIVER

No failure or delay on the part of Company in exercising any power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right.

26. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the Republic of California, without giving effect to the principles thereof relating to conflict of laws.

27. COMPLAINT POLICY

You agree that Company may take whatever steps it deems necessary to stop or prevent behavior of any kind on the Services that violate this Agreement in its sole discretion, without notice. For example, Company has a zero-tolerance policy against child pornography, and will terminate and report to the appropriate authorities any User who publishes or distributes child pornography. You can report any violations of the User Code of Conduct or other abuse of the Services by emailing support@thekingscasting.com