This Terms of Use Agreement ("Terms") is derived from the Elite Casting Network Principles, and governs our relationship with users and others who interact with Elite Casting Network. By using or accessing Elite Casting Network, you agree to these Terms.

Elite Casting Network, LLC. ("Elite Casting Network", "ECN", "Us", "Our", "Website", or "We") operates EliteCastingNetwork.com, which is a social networking service that allows Members to create unique personal profiles online in order to find and communicate with friends, talent, colleagues, entertainers, entertainment industry professionals, and others. The services offered by Elite Casting Network include any Elite Casting Network-branded URL (the "Elite Casting Network Website"), the Elite Casting Network instant messaging service, the Elite Casting Network application developer service and other features (for example, music, community forums, chat, and video embedded players), Elite Casting Network mobile services, and any other features, content, or applications offered from time to time by Elite Casting Network in connection with Elite Casting Network’s business (collectively, the "ECN Services").

This Terms of Use Agreement sets forth the legally binding terms for your use of the ECN Services. By using the ECN Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the Elite Casting Network Website, including through a mobile device, or otherwise use the ECN Services without being registered) or you are a "Member" (which means that you have registered with Elite Casting Network). The term "User" refers to a Visitor or a Member. You are only authorized to use the ECN Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and the terms of this Agreement. Please read this Agreement and save it. If you do not agree to be bound by this Agreement and to follow all applicable laws, you should leave the Elite Casting Network Website and discontinue use of the ECN Services immediately. If you wish to become a Member, communicate with other Members and/or make use of the ECN Services, you must read this Agreement and indicate your acceptance during the registration process.

This Agreement includes Elite Casting Network's policy for acceptable use of the ECN Services and Content (as defined in Section 6.1 below) posted on or through the ECN Services and your rights, obligations and restrictions regarding your use of the ECN Services and Content posted on or through the ECN Services. In order to participate in certain ECN Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions from Elite Casting Network. Unless otherwise provided by the additional terms and conditions applicable to the ECN Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement.

Elite Casting Network may modify this Agreement from time to time and such modification shall be effective upon posting by Elite Casting Network on the Elite Casting Network Website. Your continued use of the ECN Services after Elite Casting Network posts a revised Agreement signifies your acceptance of the revised Agreement. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.

Please choose carefully the information you post on or through the ECN Services and that you provide to other Users. Your Elite Casting Network profile may not include any form of Prohibited Content, as outlined in Section 8 below. Despite this prohibition, information, materials, products or services provided by other Elite Casting Network Members (for instance, in their profile) may, in whole or in part, be unauthorized, impermissible or otherwise violate this Agreement, and Elite Casting Network assumes no responsibility or liability for this material. If you become aware of misuse of the ECN Services by any person, please click on the "Contact Us” link at the bottom of the Elite Casting Network Website pages.

Elite Casting Network reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to deny, restrict, suspend, or terminate your access to all or any part of the ECN Services at any time, for any or no reason, with or without prior notice or explanation, and without liability. Elite Casting Network expressly reserves the right to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the ECN Services if Elite Casting Network determines, in its sole discretion, that you have violated this Agreement or pose a threat to Elite Casting Network and/or its Users.

YOU FULLY UNDERSTAND AND AGREE THAT Elite Casting Network IS NOT A TALENT COUNSELING SERVICE, TALENT LISTING SERVICE, ADVANCED FEE TALENT SERVICE, TALENT PHOTOGRAPHY SERVICE, TALENT REPRESENTATION SERVICE, TALENT MANAGEMENT SERVICE, TALENT AGENCY, OR TALENT TRAINING SERVICE. ONLY A LICENSED TALENT AGENT MAY ENGAGE IN THE OCCUPATION OF PROCURING, OFFERING, PROMISING, OR ATTEMPTING TO PROCURE EMPLOYMENT OR ENGAGEMENTS FOR AN ARTIST. THE LIST OF CURRENT CASTING CALLS IS A FREE SERVICE PROVIDED TO ALL Elite Casting Network MEMBERS WHO PAY FOR ANY OF OUR UPGRADED MEMBERSHIPS WHICH OFFER A HOST OF VALUABLE BENEFITS VARYING BY MEMBERSHIP LEVEL.

1. Eligibility. Use of the ECN Services and registration to be a Member for the ECN Services (“Membership”) is void where prohibited. You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. By using the ECN Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 14 years of age or older; and (d) your use of the ECN Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 14 years of age, if we believe that you are under 18 years of age and you represent yourself as 18 or older, or if we believe you are over 18 and represent yourself as under 18. ALL VISITORS UNDER THE AGE OF 18 MUST BE ACCOMPANIED BY A PARENT OR LEGAL GUARDIAN AT ALL TIMES. For information for users and parents about staying safe on Elite Casting Network, click here.

2. Term. This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use the ECN Services or are a Member. You may terminate your Membership or stop the billing at any time, for any reason, by following the instructions on the Member's "Account Settings" page. Elite Casting Network may terminate your Membership at any time, for any or no reason, with or without prior notice or explanation, and without liability. Even after Membership is terminated, this Agreement will remain in effect, including Sections 5-17.

3. Payments & Fees. You acknowledge that Elite Casting Network reserves the right to charge for any portion of the ECN Services and to change its fees (if any) from time to time in its discretion. If Elite Casting Network terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of fees or payments (if any). If you purchase or use Elite Casting Network Credits, or make direct payments, you agree to our Payment Terms.

4. Password. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify Elite Casting Network immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.

5. Use by Members. The ECN Services are for the personal use of Members and may be used for promotional purposes as well, but direct commercial endeavors may only be used if they are specifically endorsed or authorized by Elite Casting Network. Elite Casting Network reserves the right to remove commercial content in its sole discretion. Illegal and/or unauthorized use of the ECN Services, including collecting usernames, user id numbers, and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Elite Casting Network Website, or employing third party promotional sites or software to promote profiles for money, is prohibited. Commercial advertisements, affiliate links, and other forms of unauthorized solicitation may be removed from Member profiles without notice or explanation and may result in termination of Membership privileges. Elite Casting Network reserves the right to take appropriate legal action for any illegal or unauthorized use of the ECN Services.

6. Proprietary Rights in Content on Elite Casting Network.
   1. Elite Casting Network does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, "Content") that you post on or through the ECN Services. After posting your Content to the ECN Services, you continue to retain any such rights that you may have in your Content, subject to the limited license herein. By displaying or publishing ("posting") any Content on or through the ECN Services, you hereby grant to Elite Casting Network a limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such Content solely on or through the ECN Services, including without limitation distributing part or all of the Elite Casting Network Website in any media formats and through any media channels, except Content marked “private” will not be distributed outside the Elite Casting Network Website. This limited license does not grant Elite Casting Network the right to sell or otherwise distribute your Content outside of the ECN Services. After you remove your Content from the Elite Casting Network Website we will cease distribution as soon as practicable, and at such time when distribution ceases, the license will terminate. If after we have distributed your Content outside the Elite Casting Network Website you change the Content’s privacy setting to “private,” we will cease distribution of such “private” Content outside the Elite Casting Network Website as soon as practicable after you make the change.

   2. The license you grant to Elite Casting Network is non-exclusive (meaning you are free to license your Content to anyone else in addition to Elite Casting Network), fully-paid and royalty-free (meaning that Elite Casting Network is not required to pay you for the use on the ECN Services of the Content that you post), sublicensable (so that Elite Casting Network is able to use its affiliates, subcontractors and other partners such as Internet content delivery networks and wireless carriers to provide the ECN Services), and worldwide (because the Internet and the ECN Services are global in reach).

   3. You represent and warrant that: (i) you own the Content posted by you on or through the ECN Services or otherwise have the right to grant the license set forth in this Section 6, and (ii) the posting of your Content on or through the ECN Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of any Content posted by you on or through the ECN Services.

   4. The ECN Services contain Content of Elite Casting Network ("ECN Content"). ECN Content is protected by copyright, trademark, patent, trade secret and other laws, and Elite Casting Network owns and retains all rights in the ECN Content and the ECN Services. Elite Casting Network hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the ECN Content (excluding any software code) solely for your personal use in connection with viewing the Elite Casting Network Website and using the ECN Services.

   5. The ECN Services contain Content of Users and other Elite Casting Network licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the ECN Services.

   6. Elite Casting Network performs technical functions necessary to offer the ECN Services, including but not limited to transcoding and/or reformatting Content to allow its use throughout the ECN Services.

7. Content Posted.
   1. Elite Casting Network may reject, refuse to post or delete any Content for any or no reason, including Content that in the sole judgment of Elite Casting Network violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. Elite Casting Network assumes no responsibility for monitoring the ECN Services for inappropriate Content or conduct. If at any time Elite Casting Network chooses, in its sole discretion, to monitor the ECN Services, Elite Casting Network nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.

   2. You are solely responsible for the Content that you post on or through any of the ECN Services, and any material or information that you transmit to other Members and for your interactions with other Users.

8. Content/Activity Prohibited. The following are examples of the kind of Content that is illegal or prohibited to post on or through the ECN Services. Elite Casting Network reserves the right to investigate and take appropriate legal action against anyone who, in Elite Casting Network's sole discretion, violates this provision, including without limitation, removing the offending Content from the ECN Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to, Content that, in the sole discretion of Elite Casting Network:
   1. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

   2. harasses or advocates harassment of another person;

   3. exploits people in a sexual or violent manner;

   4. contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website;

   5. solicits personal information from anyone under 18;

   6. publicly posts information that poses or creates a privacy or security risk to any person;

   7. constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

   8. constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;

   9. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";

   10. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);

   11. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;

   12. solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;

   13. involves commercial activities and/or sales without prior written consent from Elite Casting Network such as contests, sweepstakes, barter, advertising, or pyramid schemes;

   14. includes a photograph or video of another person that you have posted without that person's consent;

   15. for band, comedy, filmmaker and other profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile; or

   16. violates the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person.

       The following are examples of the kind of activity that is illegal or prohibited on the Elite Casting Network Website and through your use of the ECN Services. Elite Casting Network reserves the right to investigate and take appropriate legal action against anyone who, in Elite Casting Network's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:

       1. criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;

       2. advertising to, or solicitation of, any Member to buy or sell any products or services through the unauthorized or impermissible use of the ECN Services. You may not transmit any chain letters or junk email to other Members. In order to protect our Members from such advertising or solicitation, Elite Casting Network reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which Elite Casting Network deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unauthorized commercial communications of any kind through the ECN Services, you acknowledge that you will have caused substantial harm to Elite Casting Network, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay Elite Casting Network $50 for each such unsolicited email or other unauthorized commercial communication you send through the ECN Services;

       3. circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the ECN Services;

       4. activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;

       5. covering or obscuring the banner advertisements on your personal profile page, or any Elite Casting Network page via HTML/CSS or any other means;

       6. any automated use of the system, such as, but not limited to, using scripts to add friends or send comments or messages;

       7. interfering with, disrupting, or creating an undue burden on the ECN Services or the networks or services connected to the ECN Services;

       8. impersonating or attempting to impersonate another Member, person or entity;

       9. for profiles containing a Elite Casting Network player, copying the code for your Elite Casting Network Player and embedding it (or directing others to embed it) anywhere other than your profile on Elite Casting Network;

       10. using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;

       11. selling or otherwise transferring your profile;

       12. using any information obtained from the ECN Services in order to harass, abuse, or harm another person or entity, or attempting to do the same;

       13. displaying an unauthorized commercial advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of the ECN Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose as one of your "Top 8" friends, or sending private messages with a commercial purpose; or

       14. using the ECN Services in a manner inconsistent with any and all applicable laws and regulations.

   17. Protecting Copyrights and Other Intellectual Property. Elite Casting Network respects the intellectual property of others, and requires that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. Elite Casting Network has the right to terminate the Membership of infringers.

       All trademarks shown on our site are the property of their respective owners. Nothing here is meant to imply endorsement by or affiliation with the brands named. Brand names are used for the purposes of showing potential casting opportunities and reflecting brands that have or had acting and modeling auditions or dance, crew and music jobs posted on our site.

       If you believe your work has been copied and posted on or through the ECN Services in a way that constitutes copyright infringement, please send Elite Casting Network a notification of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the ECN Services (providing the URL(s) of the claimed infringing material satisfies this requirement); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and (f) your physical or electronic signature.

   18. Member Disputes. You are solely responsible for your interactions with other Elite Casting Network Members. Elite Casting Network reserves the right, but has no obligation, to become involved in any way with disputes between you and other Members.

   19. Privacy. Use of the ECN Services is also governed by our PRIVACY POLICY, which is incorporated into this Agreement by this reference.

   20. Disclaimers. Elite Casting Network is not responsible for and makes no warranties, express or implied, as to the User Content or the accuracy and reliability of the User Content posted on or through the ECN Services, whether caused by Users of the ECN Services or by any of the equipment or programming associated with or utilized in the ECN Services and such User Content does not necessarily reflect the opinions or policies of Elite Casting Network. Profiles and third party applications created and posted by Members on the Elite Casting Network Website may contain links to other websites. Elite Casting Network is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are not necessarily investigated, monitored or checked for accuracy or completeness by Elite Casting Network. Inclusion of any linked website on the ECN Services does not imply approval or endorsement of the linked website by Elite Casting Network. When you access these third party sites, you do so at your own risk. Elite Casting Network takes no responsibility for third party advertisements or third party applications that are posted on or through the ECN Services, nor does it take any responsibility for the goods or services provided by its advertisers. Elite Casting Network is not responsible for the conduct, whether online or offline, of any User of the ECN Services. Elite Casting Network 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, any User or Member communication. Elite Casting Network is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the ECN Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the ECN Services. Under no circumstances shall Elite Casting Network be responsible for any loss or damage, including personal injury or death, resulting from use of the ECN Services, attendance at a Elite Casting Network event, from any User Content posted on or through the ECN Services, or from the conduct of any Users of the ECN Services, whether online or offline. All materials, information, casting information, products, and services included in or available through this site (the "content") are provided "AS-IS" and "as available" for your use. The content is provided without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability. The ECN Services are provided "AS-IS" and as available and Elite Casting Network expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Elite Casting Network cannot guarantee and does not promise any specific results from use of the ECN Services. ECN is not an employment agency, agent, manager, or teacher & does not procure, offer, get, or promise employment, jobs, or bookings. ECN only provides Internet exposure, social networking, resources & tools for you to match your talent with Auditions & Casting Calls. ECN does not recommend or endorse any casting call listings.

   21. Limitation on Liability. IN NO EVENT SHALL Elite Casting Network BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE ECN SERVICES, EVEN IF Elite Casting Network HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Elite Casting Network'S 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 Elite Casting Network FOR THE ECN SERVICES DURING THE TERM OF MEMBERSHIP. YOU AND Elite Casting Network AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE Elite Casting Network WEBSITE AND SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. This applies to you and your successors. It also applies to us and our successors and assigns.
   22. U.S. Export Controls. Software available in connection with the ECN Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the ECN Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.

   23. Disputes. ARBITRATION REPLACES THE RIGHT TO GO TO COURT, INCLUDING THE RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING. IN ARBITRATION, A DISPUTE IS RESOLVED BY AN ARBITRATOR INSTEAD OF A JUDGE OR JURY. THE ARBITRATOR'S DECISION WILL GENERALLY BE FINAL AND BINDING. Any claim, dispute or controversy between You and Us (or made by or against anyone connected with you or Us, or claiming through You or Us) arising from or relating to Your membership (claim) including Claims regarding applicability or validity of this arbitration provision, shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association (AAA) (except for any AAA rules providing for class claims or class arbitration) then in effect, subject to this Membership Agreement any Claim regarding the validity or enforceability of the arbitration provision shall be governed by the laws of the State of South Carolina without giving effect to the choice of law provisions thereof. This arbitration provision is made pursuant to a transaction involving interstate commerce and, in all other respects, including the determination of any questions about whether Claims are within the scope of this arbitration provision and therefore subject to arbitration shall be governed by the Federal Arbitration Act, 9U.S.C. 1-16 (FAA), and shall be resolved by interpreting the arbitration provision in the broadest way the law will allow it to be construed. All Claims are subject to arbitration, no matter what theory they are based on or what remedy they seek. This includes Claims based on contract, tort (including intentional tort), fraud, agency, negligence, statutory or regulatory provisions, or any other source of law. Claims made and remedies sought as part of a class action, private attorney general or other representative action are subject to arbitration on an individual (non-class, non-representative) basis. As an exception to arbitration, We retain the right to pursue in a small claims court located in the federal judicial district that includes Your billing address at this time of the claim, any claim that is within the court’s jurisdiction and proceeds on an individual basis. The arbitration shall be conducted before a single arbitrator applying to the Claims the substantive laws of the state of South Carolina without giving effect to the choice of law provisions thereof. The arbitrator’s authority is limited solely to the claims between You and Us alone. The arbitration will not be consolidated with any other arbitration proceeding. You and We do not agree to any arbitration on a class action or representative basis, and the arbitrator shall not be authorized to treat any Claim on a class action or representative basis. Any decision rendered will be final and binding on the parties, and judgment may be entered in a court of competent jurisdiction. Claims shall be filed in any AAA office. However, any participatory hearing that you attend shall take place in Horry County, South Carolina.
       Any claim or dispute (excluding claims for injunctive or other equitable relief as set forth below) in connection with this Agreement where the total amount of the award sought is less than five thousand U.S. Dollars (US$ 5,000.00) may be resolved in a cost effective manner through binding non-appearance-based arbitration, at the option of the party seeking relief. Such arbitration shall be initiated through an established alternative dispute resolution provider ("ADR Provider") that offers arbitration as set forth in this section and under the rules of such ADR Provider, except to the extent such rules are in conflict with this Agreement. The party demanding arbitration will propose an ADR Provider and the other party shall not unreasonably withhold consent to use such ADR Provider. The ADR Provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) all arbitration proceedings shall be held in English, or any other language the parties may mutually agree upon; c) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and d) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs (including attorney fees) and disbursements arising out of the arbitration, and shall pay an equal share of the fees and costs of the ADR Provider. Notwithstanding the foregoing, Elite Casting Network may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction. Please note that the laws of the jurisdiction where you are located may be different from South Carolina law. You shall always comply with all the international and domestic laws, ordinances, regulations and statutes that are applicable to your use of the Services. This arbitration provision applies to all Claims now in existence or that may arise in the future.

   24. Indemnity. You agree to indemnify and hold Elite Casting Network, its subsidiaries, and affiliates, and their respective officers, agents, partners, subcontractors, and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the ECN Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement and/or if any Content that you post on or through the ECN Services causes Elite Casting Network to be liable to another.

   25. Other. This Agreement is accepted upon your use of the Elite Casting Network Website or any of the ECN Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and Elite Casting Network regarding the use of the ECN Services. The failure of Elite Casting Network to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Elite Casting Network is a trademark of Elite Casting Network, LLC. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

       I HAVE READ AND UNDERSTAND THE FOREGOING AGREEMENT AND UNDERSTAND THAT USE OF THIS SITE SIGNIFIES MY AGREEMENT TO BE BOUND BY ALL OF ITS TERMS AS WELL AS THE TERMS OF THE PRIVACY POLICY.