Infocast Network Terms and Conditions

This is a legal agreement ("Agreement") between you ("The Registered User") and Information Forecast Inc. ("Infocast"), a California corporation that may be contacted at 6800 Owensmouth Ave., Suite 300, Canoga Park CA 91303 and via telephone at USA (818) 888-4444 . By accessing the Infocast Network U.S. website ("Site"), currently located at www.infocastnetwork.net, and clicking on the "I agree to the Terms and Conditions" button, you become a Registered User and agree to, and are bound by, the terms and conditions of this Agreement, whether or not Infocast approves your application for membership. If you do not agree to be bound by this agreement, do not use the site or the services.

In this Agreement, term "Member" is used for those Registered Users who are accepted for membership by the Infocast Network. In this Agreement, the term "Suppliers of Infocast" is used to mean any vendor, speaker, sponsor, advertiser, provider of content, or other party designated by Infocast as involved with its webinars, meetings or other business activities.

The site provides a number of services to Registered Users who are accepted as Members. These include:

Jointly these constitute the services ("Services") referred to under this Agreement.

This Agreement and the Services it covers are both subject to change by modification of the features of these services, by the addition of services or the discontinuation of services from time to time at Infocast's sole discretion, with or without notice. The Registered User/Member's continued use of this Site or the Services after the posting of revisions to this Agreement will constitute the Registered User's/Member's acceptance of such revisions. Please consult the first item below of this agreement to determine when the Agreement was last revised.

This agreement is divided into several sections as follows; the captions and headlines appearing in this agreement are for reference only and will not be considered in construing this Agreement

  1. Revision date: This Agreement was last modified on March 25, 2009.
  2. Permitted and Not Permitted Uses
    1. Permitted uses
      1. The intention of this Site and the Services is to provide valuable business information and mutually agreeable contacts with other businesspeople that will help to advance private business interests of Members, except where those private business interests would be in competition with products and services offered by Infocast.
    2. Not-permitted uses
      1. Registered Users/Members acknowledge and agree that any attempt to use, or the actual use of, or the providing to third parties of, the information and business contacts from this Site and the Services in order to compete with Infocast is strictly not-permitted, and will result in Infocast having one or more claims for liquidated damages against the Registered User(s)/Member(s) (see Section 2 iv below).
      2. Registered Users/Members acknowledge and agree that any attempt to use, or the actual use of, or the providing to third parties of, the information or contacts provided by this Site and the Services for the purpose of publicizing products and services (via advertisement, direct mail, email, telephone solicitation, facsimile or via any other mode of communication) that would be competitive to any meeting, webinar or other product that Infocast has already offered is strictly not-permitted, and will result in Infocast having one or more claims for liquidated damages against the Registered User(s)/Members (see Section 2 iv below).
      3. Registered Users/Members acknowledge and agree that any attempt to use, or the actual use of, or the providing to third parties of, the information or contacts provided by this Site and the Services or in order to publicize products and services of a type competitive to products and services generally offered by Infocast that would be targeted to the same audience groups as any meeting, webinar or other product that Infocast has already offered, is strictly not-permitted and will result in Infocast having one or more claims for liquidated damages against the Registered User(s)/Members (see Section 2 iv below).
      4. Registered Users/Members acknowledge and agree that Infocast has undertaken considerable effort and expense to develop customer and other relationships with the Registered Users/Members and Suppliers of Infocast and to assemble communities of businesspeople interested in the subject matter of the meetings, webinars and other products developed by Infocast. Registered Users/Members acknowledge and agree that Infocast has a reasonable assumption of being able to profit in the future from these relationships and its investment therein, and that the use of information from this Site and Services regarding such relationships to offer competitive goods and services (see Section 2 ii above) would damage Infocast. As the exact extent of such damages caused by such not-permitted competitive uses is difficult to calculate precisely, Registered Users/Members acknowledge and agree to provide liquidated damages to Infocast for each not-permitted use in the amount of US$10,000.00. Repeated not-permitted uses by Registered Users/Members would give rise to multiple claims of liquidated damages payable to Infocast.
  3. Eligibility
    1. The use of this Site and its associated Services is restricted to people who have:
      1. paid to attend an Infocast meeting or webinar within the past 12 months; and
      2. provided information requested on the application registration that is strictly accurate, complete, true and not intended to deceive or misrepresent the identity, business interests or business affiliation of the applicant, and
      3. been accepted as a Member by Infocast after review of the application and any other sources of information Infocast chooses to utilize, or have been otherwise granted Member status by Infocast at its sole discretion; and
      4. have not had their status as Members revoked by Infocast; and
      5. have successfully provided, if required, any additional payment (in place of attending an Infocast meeting or webinar within the previous 12 months) to Infocast.
  4. Use of site and services
    1. Members are limited to initiating via Membership Networking Access service contacts with five other members per 24 hour day. Any attempt to initiate contacts with more than five other members per 24 hour day will result in a temporary block from the network and an alert notifying the Member that they have reached their daily limit.
    2. The Member's account is for the Member's personal use only. The Member may not authorize others to use the Member's account, and the Member may not assign or otherwise transfer a Member account or User Password or User Name to any other person or entity. The Member acknowledges that Infocast is not responsible for third party access to the Member's account that results from theft or misappropriation of Member Names and Passwords.
    3. The Registered User/Member is solely responsible for, and assumes all liability for
      1. The information and content that the Registered User/Member contributes to the Service
      2. The information and content that the Registered User/Member posts, transmits, publishes, or other wise makes available ("Posts") through the Services
      3. The Registered User's/Member's interactions with Infocast, the suppliers of Infocast, and the other Registered Users through the Services
    4. The Registered User/Member assumes all risk in using the Services, including but not limited to all of the risks associated with any online or offline interactions with others. The Registered User/Member understands that Infocast does not guarantee in any way that the Services will provide any value or business advantage to the Registered User/Member as a result of the utilization of the Site and the Services or from activities that follow therefrom.
    5. The Registered User/Member must promptly report to Infocast any violations of this Agreement by others, including but not limited to, Registered Users/Members.
    6. Infocast reserves the right, but has no obligation, to monitor the information or material Registered Users/Members submit to the Site or post in the public areas of the Services. Infocast will have the right to remove any such information or material, whether on Infocast's initiative or at the request of a third party, solely at Infocast's own discretion.
    7. The Registered User/Member will not post on the Services, or transmit to other Member, or communicate any content (or links thereto), or otherwise engage in any activity on the Site or through the Services that:
      1. Is intended or tends to harass, annoy, threaten or intimidate Infocast, Infocast's employees, the suppliers of Infocast, other Members or any other party;
      2. Is defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented or otherwise objectionable;
      3. Contains video, audio, photographs, or images of another person without his or her permission;
      4. Promotes or enables illegal or unlawful activities, violates someone's privacy, harms or harasses another person, obtains others' identity information, creates or disseminates computer viruses, or circumvents copy-protect devices;
      5. Is intended to defraud, swindle or deceive Infocast, the Suppliers of Infocast or other Registered Users/Members;
      6. Contains viruses, time bombs, Trojan horses, cancelbots, worms or other harmful, or disruptive, codes, components or devices;
      7. Promotes or solicits involvement in support of a political platform, religion, cult or sect;
      8. Disseminates another person's personal information without his or her permission, or collects or solicits another person's personal information for purposes of publicizing meetings, webinars or other products and services competitive to those offered by Infocast or that are unlawful;
      9. Is intended to annoy or interfere with Members' enjoyment or profit from interacting with the site;
      10. Impersonates, or otherwise misrepresents affiliation, connection or association with any person or entity;
      11. Uses scripts, bots or other automated technology to access the Site or Services;
      12. Uses the Site or Services for chain letter, junk mail or spam e-mails;
      13. Is in any way used for in connection with spamming, spimming, phishing, trolling or similar activities.
    8. The Registered User, either on his or her application for Member status or once being granted that status, will not provide inaccurate, misleading or false information to Infocast, the Suppliers of Infocast, or other Members. If information provided to Infocast or to the Suppliers of Infocast or other Members subsequently becomes inaccurate, misleading or false, the Member must promptly notify Infocast of such change.
    9. Members will not use any information obtained from the Services or the Site in order to contact, advertise to, solicit, or sell to any Suppliers of Infocast or to any other Members without their prior explicit consent which can only be obtained by initiating contact with them through the Services.
    10. A Member will create only one unique account on the Site and via the Services. The Member's use of the Service must be for bona fide business purposes that do not violate the terms of this Agreement. From time to time, Infocast may create test profiles in order to monitor the operation of the Services.
  5. Proprietary Rights
    1. The Registered User/Member acknowledges and agrees that Infocast is the owner of highly valuable proprietary information, including without limitation, the relationships with Members and the Suppliers of Infocast, as well as the data and content provided by Infocast and the Suppliers of Infocast. The Registered User/Member acknowledges and agrees that Infocast owns and hereby retains all proprietary rights in the Services and the Site, unless those rights are retained by the Suppliers of Infocast under specific agreements. As to data and content provided by Registered Users/Members, the Registered User/Member grants to Infocast a royalty- free license in perpetuity to use such information on the Site.
    2. The Registered User/Member will not copy, modify, publish, transmit, distribute, perform, display, commercially use, or sell any Infocast or third party proprietary information.
    3. The Registered User/Member will not Post, copy, modify, transmit, disclose, show in public, create derivative works from, distribute, make commercial use of, or reproduce in any way, without first obtaining the prior written consent of the owner of such proprietary rights in regards to copyrighted material, trademarks, or other proprietary information accessible via the Services, or information which has copyright protection whether or not it is identified as copyrighted.
    4. By Posting information or content to the Services or Site, the Registered User/Member automatically grants, and represents that he or she has the right to grant, to Infocast and the Infocast Network, an irrevocable, a perpetual, non-exclusive, fully-paid, worldwide license to use, reproduce, publicly display and distribute such information and content, and to grant and authorize sub-licenses of the foregoing.
  6. User Information
    1. For information about the collection and possible use of information and material provided by Registered Users/Members, please click on the Infocast Network's Privacy Statement located on the Site. By using the Site or the Services, you are consenting to the terms of Infocast's Privacy Statement.
    2. The Registered User/Member agrees that he or she will not post any e-mail addresses, personal website address or profile page you may have on a third party website, or other contact information on the Site. Members may, at their discretion, exchange such information after establishing contact via the Services.
    3. Registered Users/Members acknowledge and agree that Infocast may disclose information provided to it if required to do so by law, at the request of a third party, or if Infocast, at its sole discretion, believes that disclosure is reasonable to
      1. Comply with the law, requests from law enforcement, or any legal process (whether or not such disclosure is required by applicable law;
      2. Protect or defend Infocast's or the suppliers of Infocast or a third-party's rights or property; or
      3. Protect someone's health or safety
  7. Links to Third-Party Web Sites and Dealing with Advertisers and Sponsors
    1. The Services may contain links to web sites of third-parties, including without limitation, advertisers, which are not under the control of Infocast, and Infocast is not responsible for the content of any linked site or any link contained in any linked site, or any changes or updates of such web sites.
    2. Infocast provides these links to Members only as a convenience, and the inclusion of any link does not imply that Infocast endorses or accepts any responsibility for the content of such third-party websites.
    3. The Member's dealings with such third-party websites and their owners or operators are solely between the Registered User and those individuals or business entities.
  8. Disclaimer of Warranty
    1. Infocast provides the Services on an "as is" and "as available" basis and grants no warranties of any kind, whether express, implied, statuory or otherwise with respect to the services or the site (including all information contained therein), including any implied warranties or merchantability, fitness for a particular purpose or non-infringement. Infocast does not warrant that use of the Services will be secure, uninterrupted, always available, error-free or will meet Registered User/Member requirements, or that any defects in the services will be corrected. Infocast disclaims liability for, and no warranty is made with respect to, the connectivity and availability of the Services. This section will apply to maximum extent permitted by law.
    2. Opinions, advice, statements, offers or other information or content made available through the Services, but not directly by Infocast, are those of their respective authors and should not be necessarily relied upon. Such authors are solely responsible for their contents. Infocast does not:
      1. Guarantee the accuracy, completeness or usefulness of any information provided on the services, or
      2. Adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party other than Infocast. Under no circumstance will Infocast be responsible for any loss or damage resulting from anyone's reliance on information or other content Posted on the Services, or otherwise transmitted to or by any users.
  9. Limitation of liability
    1. In no event will Infocast be liable for any incidental, special consequential or indirect damages arising out of or relating to the use or inability to use the services, including, without limitation, damages for loss or corruption of data or programs, service interruptions, and procurement of substitute services, even if Infocast knows or has been advised of the possibility of such damages. Under no circumstances will Infocast's aggregate liability, in any form of action whatsoever in connection with this Agreement or the use of Services or the Site, exceed the additional price (excluding the cost of attending any Infocast meeting or webinar) paid by the Registered User/Member for his or her account, or, if the Member has not paid Infocast any additional price, the amount of US $25.00 or its equivalent.
    2. To the maximum extent permitted by applicable law, in no event will Infocast be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of Registered Users/Members or anyone else in connection with the use of the Services, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from communications with or meetings with other Registered Users/Members of the Services, including damages arising from the conduct of Members who have become Members under false pretenses or who attempt to defraud or harm others.
    3. Infocast may use various ways of verifying information that Registered Users/members have provided. However, none of those ways are perfect, and Registered Users/Members agree that Infocast and the Suppliers to Infocast will have no liability to Registered Users/Members arising from any incorrectly verified information.
  10. Indemnification
    1. Registered Users/Members agree to indemnify, defend and hold harmless Infocast, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of
      1. The inability to use the Site or the Services;
      2. Any Postings made by Registered Users/Members;
      3. Violations of any terms of this Agreement
      4. Violations by Registered Users/Members of any rights of third parties or the Suppliers of Infocast
      5. Violations by Registered Users/Members of any applicable laws, rules or regulations.
    2. Infocast reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Registered Users/Members or the Suppliers of Infocast, in which event Registered Users/Members will fully cooperate with Infocast in asserting any available defenses.
  11. Complaints
    1. To resolve a complaint regarding the Service, Registered Users can click on the Help link located at the bottom of the home page of the Site,
    2. Registered Users with complaints can also email Infocast by clicking here.
  12. Communication and Privacy
    1. Infocast may use Members email address to send them messages regarding importance changes to the Services or special offers.
    2. Infocast may contact contact Members by telephone in order to communicate important changes to the Services or special offers.
  13. Term of Agreement and Access to Services
    1. The Agreement will become effective upon Registered User's acceptance of the Agreement by clicking on the "I agree to the Terms and Conditions" button. The legal conditions set forth in this Agreement will survive cancellation of the use of the Services (see Section #14 below) by either party and will remain in force for a period of three (3) years after termination of the Agreement.
    2. Members will have access to Services for:
      1. One year after Member's most recent paid attendance at an Infocast meeting or Webinar, or
      2. For whatever term Infocast chooses, at its discretion, to allow Members to have access to Services, or
      3. Until Infocast cancels Member's access to the Services for violation of these Terms and Conditions, at which point the Member must cease all use of Services.
  14. Cancellation of Use of Services
    1. Members may cancel their use of the Service at any time during the term of such Service (see Section #13a regarding the survival of legal conditions regardless of such a cancellation) by contacting Infocast here. This will remove their listing from the Service and the Site and Infocast will cease contacting them in connection with the Service. However, Members will not receive any refund of any additional price required in place of attending an Infocast meeting or webinar that the Registered User/Member has paid to utilize the Service and the Site.
    2. If by reason of death or disability Members are unable to receive the benefits of the Services or Site, the estate of Members can request refund of any additional payments made in lieu of attending an Infocast meeting or webinar in the preceding 12 months.
  15. Injunctive Relief
    1. In the event of a violation of this Agreement, Infocast shall have the right to seek a preliminary injunction and thereafter permanent injunction against any party to this Agreement who violates any terms and condisitons of this Agreement. The remedy of an injunction shall be in addition to and not in place of any other remedies available to Infocast pursuant to this Agreement. In the event Infocast incurs attorneys' fees to pursue such preliminary injunction and thereafter permanent injunction, Infocast shall have the right to reimbursement of its reasonable costs and attorneys' fees against the party in breach of this agreement.
  16. Severability
    1. Nothing in this Agreement shall be construed as requiring the commission of any act contrary to law. Whenever there is any conflict between any provision of this Agreement and any present or future statue, law, ordinance or regulation contrary to which the parties have no legal right to contract, the latter shall prevail, but in such event the provision of this Agreement thus affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. In the event that any part, article, paragraph, sentence or clause of this Agreement shall be held to be indefinite, invalid or otherwise unenforceable, the indefinite, invalid or unenforceable provision shall be deemed delted, and the remaining part of the Agreement shall continue in full force and effect. If any tribunal or court of competent jurisdiction deems any provision hereof unenforceable, such provision shall be modified only to the extent necessary to render it enforceable and this Agreement shall be valid and enforceable and the parties hereto agree to bound by and perform same as thus modified.
  17. General Provisions
    1. This agreement shall be governed by and construed under the laws of the State of California, U.S.A. as applied to agreements entered into and to be performed in California by California residents. The parties consent to the exclusive jurisdiction and venue of the courts located in and serving Los Angeles County, California.
    2. Failure by either party to exercise any of its rights under, or to enforce any provision of, this agreement will not be deemed a waiver or forfeiture of such rights or ability to enforce such provision. If any provision of this agreement is held by a court of competent jurisdiction to be illegal, invalid or unenforceable, that provision will be amended to achieve as nearly as possible the same economic effect of the original provision and the remainder of this agreement will remain in full force and effect.
    3. This agreement embodies the entire understanding and agreement between the parties respecting the subject matter of this agreement and supersedes any and all prior understandings and agreements between the parties respecting such subject matter. Infocast may change the terms of this agreement at any time by posting modified terms on its websites. This agreement has been prepared in the English language and such version shall be controlling in all respects. All notices or other correspondence to Infocast under this agreement must be sent to the address provided above or other address as provided by Infocast for such purpose.
    4. Any and all rights and remedies of Infocast upon Registered User's/Member's breach or other default under this agreement will be deemed cumulative and not exclusive of any other right or remedy conferred by this agreement or by law or equity on Infocast, and the exercise of any one remedy will not preclude the exercise of any other.
  18. Entire Agreement
    1. This Agreement constitutes the entire agreement between the parties concerning the subject matter thereof, and there are no other representations, covenants or undertakings other than those expressly set forth in this Agreement. Each party acknowledges that no other party or any agent or attorney of any other party has made any promises, representation or warranty whatsoever, express, implied or statuory, not contained in this Agreement, concerning its subject matter, to induce them to execute this Agreement. The parties acknowledge that they have not executed this Agreement in reliance upon any such promise, representation or warranty not specifically contained in this Agreement.
  19. Digital Millenium Copyright Act Notice
    1. If any party believes that the party's copyrighted work has been copied or utilized in a way that constitutes copyright infringement and is accessible on the Site, please notify Infocast here, as set forth in the Digital Millennium Copyright Act ("DMCA") of 1998. For the party's complaint to be valid under the DMCA, the party must provide the following information in writing:
      1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
      2. Identification of the copyrighted work that the party claims is being infringed;
      3. Identification of the material that is claimed to be infringing and where it is located on the Site;
      4. Information reasonably sufficient to permit Infocast to contact the party, such as the party's address, telephone number and e-mail address;
      5. A statement that the party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
      6. A statement, made under penalty of perjury, that the above information is accurate and that the party is the copyright owner or is authorized to act on behalf of the owner.