Effective Date: Feb. 13, 2006

Terms of Use
Welcome to Nextcat.com, an online Community for the entertainment industry that connects people through networks and organizations.

The Nextcat.com Service is operated by Nextcat, Inc. (also "Nextcat," "Nextcat Community," and "Nextcat.com"). By using the Nextcat.com site (the "Web Site," "the Community," and/or the "Service") you indicate that y ou have read, understand, and agree to be bound by these Terms of Use (and/or this "Agreement").

We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If so, we will post the changes to these Terms of Use on this page and will indicate the effective date of the revised Terms of Use at the top of this page. Your continued use of the Nextcat.com Web Site after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, please do not use or access this Web Site. It is your responsibility to regularly review these Terms of Use.

Eligibility
You must be 13 years of age or older to register as a member of the Nextcat Community or to use the Nextcat.com Web Site. If you are under the age of 13, you are prohibited from registering to become a member of the Nextcat Community, or to access any content, features, and/or Services on the Nextcat.com Web Site.

Profiles of children under the age of 13 are now permitted on Nextcat, with the strict understanding that the administrator of the child’s profile is either the parent or legal guardian of that child, or has been authorized to represent that child (i.e., a talent agent or manager) per the express permission of the child’s parent or legal guardian.

Membership in the Nextcat.com Community and use of its Services are void where prohibited. By using this Web Site, you represent and warrant that you agree to and abide by all of the terms and conditions in this Agreement. Nextcat.com may terminate your membership for any reason, at any time.

Member Conduct
By accepting the Terms of Use, you agree that no materials of any kind submitted through your account will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, or other personal or proprietary rights, and will not contain libelous, defamatory, or otherwise unlawful material.

You agree not to use, or attempt to use, another Member’s account, Service, or system without authorization from the Web Site, or to create a false identity on this Web Site. You agree not to impersonate any person or entity, falsely state or otherwise misrepresent yourself or your affiliation with any person or entity.

You agree not to solicit or "poach" members from Nextcat.com to competitive sites, e.g., entertainment industry-related social networking sites, etc.

Additionally, you agree not to upload, post, email, transmit, or otherwise make available any content that we may, at our discretion, determine to be harmful, threatening, abusive, harassing, vulgar, obscene, hateful, or that which is racially, ethnically, or otherwise objectionable.

You agree not to wittingly 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, hardware, cable, or telecommunications equipment.

Proprietary Content on Nextcat.com
Nextcat, Inc. owns and retains all proprietary rights to the Nextcat.com Web Site. The Web Site contains copyrighted material, trademarks, and other proprietary information belonging to Nextcat.com and its licensors. Except for that information which is in the public domain, or for which you have been given express written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. All trademarks, logos, trade dress, and service marks on the Web Site are either trademarks or registered trademarks of Nextcat, Inc. or its licensors and may not be copied, imitated, or used, in whole or in part, without the prior express written permission of Nextcat, Inc.

Member Content Posted on Nextcat.com
Nextcat.com does not claim any ownership rights to the photographs, files, images, videos, sounds/audio, written works, musical works, or any other materials (collectively, the "Content") that you post to the Nextcat.com web site. Upon posting your Content to Nextcat.com, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose.

You are solely responsible for the content, photos, and profiles that you publish or display on Nextcat.com, and/or those that you transmit to other Nextcat Community Members. You understand and agree that Nextcat.com moderators may review, delete, and/or remove any member content that, in the sole judgment of Nextcat.com, violates this Agreement. Nextcat.com moderators also reserve the right to review, delete, and/or remove any member content that may otherwise be deemed offensive, illegal, or that may harm, threaten the safety of, or violate the rights of other Nextcat Community Members.

By posting member content to any part of the Web Site, you automatically grant, and you represent and warrant that you have the right to grant, to Nextcat.com an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license to use, copy, perform, display, reformat, translate, excerpt (in whole or in part) and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content.

The reason that Nextcat.com needs the above representations is that because technologically, the very process of uploading such content will cause the content to be revised at times, even if it does not appear evident. We’re only trying to protect ourselves; Nextcat has no interest in claiming any ownership to materials we ourselves did not create or own independently.

You may remove your Member Content from the site at any time. If you choose to remove your member content, the license granted above will automatically expire.

Nextcat.com Photo Policy
By accessing Nextcat.com or the "Web Site" and submitting a photograph of yourself, you agree to the following submission terms and conditions for your photograph:


Copyrighted Material
Nextcat.com respects the intellectual property rights of others. If you believe your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material on the Web Site, please let us know and provide us with the following information: an electronic or physical signature of the person or persons authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Web Site; your address, telephone number, and email address; a written statement by you that you believe in good faith that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate, and that you are either the copyright owner or are authorized to act on the copyright owner's behalf.

Links to Other Web Sites
Nextcat.com contains links to other web sites. Nextcat, Inc. is not responsible for the content, accuracy, or opinions expressed on such affiliated web sites, and such affiliated web sites are not investigated, monitored, or checked for accuracy or completeness by us. Inclusion of any linked web site on the Nextcat.com Web Site does not imply approval or endorsement of the linked web site by the Nextcat Community or by Nextcat, Inc. If you decide to leave the Nextcat.com Web Site via such a link to access these third-party sites, you do so at your own risk.

Member Disputes
You are solely responsible for your interactions with other Nextcat.com Community Members. Nextcat.com moderators reserve the right, but have no obligation, to monitor disputes between you and other Members.

Privacy
Nextcat.com cares about the privacy of its members. Click here to view our Privacy Policy.

Disclaimers
Nextcat, Inc. is not responsible for any incorrect or inaccurate content posted on the Nextcat.com Web Site or in connection with the Nextcat Community Service, whether caused by users of the Web Site, Members of the Community, or by any of the equipment or programming associated with or utilized in the Service. Nextcat, Inc. is not responsible for the conduct, whether online or offline, of any user of the Nextcat.com Web Site or Member of the Nextcat Community Service.

The Nextcat.com Community and Services may be temporarily unavailable from time to time for maintenance or for other reasons. Nextcat, Inc. assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. Nextcat, Inc. is not responsible for any problems or technical malfunction of any cable, telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet, or at any web site or combination thereof, including injury or damage to users and/or members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web Site and/or in connection with the Service. Under no circumstances will Nextcat, Inc. be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Nextcat.com Web Site, the Nextcat Community Service, any content posted on the Web Site or transmitted to Members, or any interactions between users of the Web Site, whether online or offline.

THE WEB SITE, THE SERVICE AND THE CONTENT ARE PROVIDED "AS-IS" AND NEXTCAT.COM DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. NEXTCAT, INC. CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE NEXTCAT.COM WEB SITE AND/OR THE NEXTCAT COMMUNITY SERVICE.

Limitations on Liability
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL NEXTCAT, INC. BE LIABLE TO YOU OR TO ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING ALSO LOST PROFITS ARISING FROM YOUR USE OF THE NEXTCAT.COM WEB SITE OR THE NEXTCAT COMMUNITY SERVICE, EVEN IF NEXTCAT, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE NEXTCAT, INC. LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO NEXTCAT.COM FOR THE SERVICE DURING THE TERM OF MEMBERSHIP.

Governing Law and Venue
If there is any dispute about or involving the Nextcat.com Web Site and/or the Nextcat Community Service, you agree that the dispute will be governed by the laws of the State of Delaware without regard to its conflict of law provisions. Any cause of action by you with respect to the Web Site and/or the Service must be instituted within one (1) year after the cause of action arose or be forever waived and barred.

Indemnity
You agree to indemnify and hold Nextcat.com, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising from your use of the Service in violation of this Agreement, or your violation of any law or the rights of a third party.

Entire Agreement
These Terms of Use constitute the entire Agreement between you and Nextcat, Inc. regarding the use of the Nextcat.com Web Site and/or the Nextcat Community Service, superseding any prior agreements between you and Nextcat.com relating to your use of the Web Site or the Service. The failure of Nextcat, Inc. to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.