Welcome to the PdfCast.org web sites that allows for the authorized download and distribution of written digital content over the internet.
The Site is not available to persons under the age of 13 or to any users previously suspended or removed from the Site by PdfCast.org. BY DOWNLOADING, UPLOADING OR OTHERWISE USING THE SITE, YOU REPRESENT THAT YOU ARE AT LEAST 13 YEARS OF AGE AND HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE SITE.
2 PDFCAST.ORG LICENSE GRANT
PdfCast.org provides content and services through this Site. Certain information, documents, products and services provided on and through this Site, including content, logos, graphics and images (together, the "Materials") that are not User Content (as defined below) are provided to You by or by way of PdfCast.org (including as an interactive computer service or online service provider) and are the copyrighted and/or trademarked work of PdfCast.org or PdfCast.org's contributors, that is, any person or entity who makes Materials available on or by way of PdfCast.org, either publicly or privately.
PdfCast.org grants You a limited, personal, non-exclusive and non-transferable license to use and to display the Materials and to use the services of this Site solely for Your own personal or business use. Except for the license set forth herein, You acknowledge and agree that You may have no right to modify, edit, copy, reproduce, create derivative works, or reverse engineer, alter, enhance or in any way exploit any of the Materials in any manner, depending upon the terms of the license specified by the User who has made the User Content or Materials available or the creative commons license type selected by the User who has made the User Content or Materials available, except possibly for fair use rights (see 11 U.S.C. 107 – see, e.g., http://www.copyright.gov/fls/fl102.html. In many instances you will have the right to modify, edit, reproduce, alter and use User Content or Materials for your personal use or for business use. In most instances you will not have the right to resell or re-license User Content or Materials. This limited license terminates automatically, without notice to You, if You breach any of these Terms. Upon termination of this limited license, You agree to immediately destroy any downloaded or printed Materials and all copies thereof, including backup or archival copies. Except as stated herein, You acknowledge that You have no right, title or interest in or to the Site or the Materials.
2.1 License Grant to Upload
Subject to Your compliance with the terms and conditions set out in these Terms, PdfCast.org hereby grants to You a personal, limited, non-exclusive, non-transferable, freely revocable license to use the Site for the uploading, submitting, posting, distributing or otherwise making available authorized digital content, including electronic documents, information, messages, comments or other content or material ("User Content").
User Content is uploaded at Your own risk. Notwithstanding any obligations hereunder of PdfCast.org to protect User Content with security measures, PdfCast.org cannot guarantee that there will be no unauthorized copying or distribution of User Content nor will PdfCast.org be liable for any copying or usage of the User Content not authorized by PdfCast.org.
2.2 License Grant to Download
Subject to Your compliance with the terms and conditions set out in these Terms, PdfCast.org hereby grants to You a personal, limited, non-exclusive, non-transferable, freely revocable license to view and download User Content solely through the Site subject to the license under which such User Content is distributed.
Content available through PdfCast.org is "Third Party Content."
2.3 Reservation of Rights
PdfCast.org reserves all rights not expressly granted in these Terms.
2.4 Prevention of Unauthorized Use
PdfCast.org reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized use of the Site, including, but not limited to, technological barriers, IP mapping, and directly contacting Your Internet Service Provider (ISP) regarding such unauthorized use.
3 USER CONTENT LICENSE GRANT; REPRESNTATIONS AND WARRANTIES
3.1 Retention of Ownership
You retain all of Your ownership rights in User Content owned by You.
3.2 License Grant to PdfCast.org
Unless otherwise agreed to in a separate written agreement between You and PdfCast.org signed by an authorized representative of PdfCast.org:
a) By uploading, making available for upload, distributing or disseminating User Content through the Site, You hereby grant to PdfCast.org a worldwide, non-exclusive, transferable, assignable, fully paid-up, royalty-free, license to host, transfer, display, perform, reproduce, distribute, compress or convert for distribution, and otherwise exploit and sell or license Your User Content, in any media formats and through any media channels, in order to make available, display, perform, reproduce, distribute, publish and promote such User Content in connection with services offered or to be offered by PdfCast.org. PdfCast.org may designate any of Your User Content as a PdfCast.org document and restrict access to download to PdfCast.org members, unless when you make that item of Your User Content available or when You Uploaded it You designate it as a document not to be included in PdfCast.org. You are reminded that You agree not to upload documents that violate these Trems of Service, including those documents that might infringe upon the copyrights held by others. Such license will apply to any form, media, or technology now known or hereafter developed.
b) Subject to section 3.3, below, the license granted by You in Section 3.2(a), above, terminates as to a specific piece of User Content once You remove or delete such User Content from the Site.
c) By uploading User Content, You hereby warrant that Your User Content is free of any digital rights management, including any software designed to limit the number of times User Content may be made available, displayed, performed, distributed, copied or played.
3.3 License Grant to Other PdfCast.org Users.
By uploading, making available for upload, distributing or disseminating User Content through the Site, You hereby grant to each User that is authorized to access Your User Content a non-exclusive license to access and use Your User Content under the terms indicated by You when You uploaded or made available for uploading such User Content. Notwithstanding the foregoing, You hereby grant to each User that is authorized to access Your User Content at least a limited, non-exclusive, license to view, download, reproduce, and store such User Content in the manner contemplated by these Terms and the Site. Further, unless you clearly state otherwise You grant a license to Users to modify, edit, reproduce, alter and use Your User Content or Materials for personal use or for business use. The foregoing license granted by You terminates as to a specific piece of User Content once You remove or delete such User Content from the Site provided, however, that User rights to such User Content arising out of distributions occurring on or prior to deletion of such User Content from the Site survive any termination or expiration of the license granted in this section. In other words, once another User has downloaded Your User Content no one can stop that User from possessing, displaying or otherwise using Your User Content. Further, such User Content might remain available by search engines or internet services, for example, that might have cached or archived such User Content.
3.4 User Content Representations and Warranties.
You are solely responsible for Your User Content and the consequences of posting or publishing them. By uploading and publishing Your User Content, You affirm, represent, and warrant that:
(1) You are the creator and owner of or have all the necessary licenses, rights, consents, releases and permissions to use and to authorize PdfCast.org and PdfCast.org's Users to use Your User Content as necessary to exercise the licenses granted by You in this section and in the manner contemplated by PdfCast.org and these Terms;
(2) Your User Content does not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (b) slander, defame, or libel any other person; and
(3) Your User Content does not contain any viruses, adware, spyware, worms, trojans, or other malicious code.
Violators of these third-party rights may be subject to criminal and civil liability. PdfCast.org reserves all rights and remedies against any Users who violate these Terms, including the right to remove User Content and to terminate Your account and access to the PdfCast.org site and services.
3.5 User Content Disclaimer
You understand that when using the Site You will be exposed to User Content from a variety of sources, and that PdfCast.org is not responsible for the accuracy, usefulness, or intellectual property rights of or relating to such User Content. You further understand and acknowledge that You may be exposed to User Content that is inaccurate, offensive, indecent or objectionable, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against PdfCast.org with respect thereto. PdfCast.org does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and PdfCast.org expressly disclaims any and all liability in connection with User Content. If notified by a User or a content owner of User Content that allegedly does not conform to these Terms, PdfCast.org may investigate the allegation and determine in its sole discretion whether to remove the User Content, which it reserves the right to do at any time and without notice. For clarity, PdfCast.org does not permit copyright infringing activities on the Site.
5 PASSWORD RESTRICTED AREAS OF THIS SITE
You may to register for a password to log in to this Site and to use certain functions and areas within this Site. As part of the registration process, You may be asked to select a username and password. PdfCast.org may refuse to grant You a username that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion, as determined by PdfCast.org in its sole discretion. You are responsible for maintaining the confidentiality of Your password and account, and agree to notify PdfCast.org if Your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. You are responsible for all activities that occur under Your registered account. You agree to immediately notify PdfCast.org of any unauthorized use of Your account or any other breach of security in relation to this Site known to You. If You have reason to believe that Your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of Your username, password, or any credit, debit or charge card number, if applicable), then You agree to immediately notify PdfCast.org. You may be liable for the claims against or losses incurred by PdfCast.org or others due to any unauthorized use of Your account.
6 THIRD PARTY CONTENT
Certain information and other content that are not User Content, may be provided by third party licensors and suppliers to PdfCast.org ("Third Party Content"). The Third Party Content is, in each case, the copyrighted and/or trademarked work of the creator/licensor. You agree to only display the Third Party Content on Your personal computer solely for Your personal use. You acknowledge and agree that You have no right to download, cache, reproduce, modify, display, distribute, (except as set forth in this paragraph), edit, alter or enhance any of the Third Party Content in any manner unless You have permission from the owner of the Third Party Content. PdfCast.org DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES AND CONDITIONS WITH REGARD TO THIRD PARTY CONTENT, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
7 LINKS TO THIRD PARTY SITES
This Site may be linked to other sites that are not PdfCast.org sites ("Reference Sites"). PdfCast.org is providing these links to You only as a convenience, and PdfCast.org is not responsible for such linked sites, including, without limitation, the content or links displayed on such sites. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at Your own risk.
8 USER CONTENT
You are responsible for creating and maintaining copies of any User Content. PdfCast.org is not responsible for creating or maintaining any such copies, and PdfCast.org may remove or permanently delete any User Content at any time and for any reason or no reason at all and is not responsible for loss of User Content, including without limitation PdfCast.org’s negligent or intentional deletion of any User Content.
You further agree that You will not upload, post or otherwise make available on this Site any material protected by copyright, trade secret, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark, trade secret or other proprietary right owned by a third party, and the burden of determining whether any material is protected by any such right is on You. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other claims or harm resulting from Your User Content.
You represent and warrant that: (i) You own all User Content posted by You on or through this Site or otherwise have the right to grant the licenses to PdfCast.org set forth herein , and (ii) the posting of Your User Content on or through this Site does not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, damages and any other monies owing any person or entity by reason of any User Content posted by You to or through this Site.
When submitting User Content to or otherwise using this Site and/or the services, You agree not to, without limitation:
This list of prohibitions provides examples and is not complete or exclusive. PdfCast.org reserves the right to (a) terminate Your access to Your account, Your ability to post to this Site (or the services) and (b) refuse, delete or remove any User Content; with or without cause and with or without notice, for any reason or no reason, or for any action that PdfCast.org determines is inappropriate or disruptive to this Site or to any other user of this Site and/or services. PdfCast.org may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at PdfCast.org's discretion, PdfCast.org will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Site or on the Internet. Such termination may continue so long as PdfCast.org suspects the violation in question, and PdfCast.org will have no liability to You for such suspension, including without limitation liability to refund any fees for paid for any content, documents, features or subscriptions.
These prohibitions do not require PdfCast.org to monitor, police or remove any User Content or other information submitted by You or any other user.
9 UNAUTHORIZED ACTIVITIES
User Content and unauthorized use of any Materials or Third Party Content contained on or available through this Site may violate certain laws and regulations. You agree to indemnify, defend and hold PdfCast.org and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees and costs of defense) PdfCast.org or any other indemnified party suffers in relation to, arising from, or for the purpose of defending against or avoiding, any claim or demand from a third party that Your use of this Site or the uploading of Your User Content, or the use of this Site or the uploading of User Content by any person using Your user name and/or password (including without limitation, Your participation in the posting areas or, Your User Content) violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third party.
10 COPYRIGHT AND TRADEMARK INFRINGEMENTS; NOTIFICATION
PdfCast.org respects the intellectual property rights of others, and we require You to do the same. PdfCast.org may, in appropriate circumstances and at our discretion, terminate service and/or access to this Site for users who infringe or are accused of infringing the intellectual property rights of others. If You believe that Your work is the subject of copyright infringement and/or trademark infringement and appears on our Site, please provide PdfCast.org's designated agent the following information:
PdfCast.org's agent for notice of claims of copyright or trademark infringement on this Site can be reached by e-mail , or by clicking report button on the top right corner of copyright or trademark infringement document page.
11 DISCLAIMER OF WARRANTIES
YOUR USE OF THIS SITE AND/OR THE SERVICES IS AT YOUR OWN RISK. PdfCast.org SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY FAILURE OF THE SITE OR SERVICE TO OPERATE, FOR ANY ERRORS IN OR IN CONNECTION WITH THE SITE, OR FOR ANY LACK OF ACCESS TO THE SITE OR SERVICE. NONE OF THE MATERIALS, USER CONTENT, OR THIRD PARTY CONTENT HAVE BEEN VERIFIED OR AUTHENTICATED IN WHOLE OR IN PART BY PdfCast.org, AND THEY MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL OR OTHER ERRORS. PdfCast.org DOES NOT WARRANT THE ACCURACY OR TIMELINESS OF THE MATERIALS, USER CONTENT OR THIRD PARTY CONTENT CONTAINED ON THIS SITE. PdfCast.org HAS NO LIABILITY FOR ANY ERRORS OR OMISSIONS IN THE MATERIALS, USER CONTENT AND/OR THIRD PARTY CONTENT, WHETHER PROVIDED BY PdfCast.org OR OUR LICENSORS. THIS SITE AND PdfCast.org DO NOT PROVIDE LEGAL ADVICE OR ANY OTHER KIND OF ADVICE. THE MATERIALS, USER CONTENT AND THIRD PARTY CONTENT ON THIS SITE ARE FOR INFORMATIONAL PURPOSES ONLY. THE MATERIALS, USER CONTENT AND THIRD PARTY CONTENT ARE NOT INTENDED TO BE A SUBSTITUTE FOR LEGAL, FINANCIAL OR OTHER PROFESSIONAL ADVICE. ALWAYS SEEK THE ADVICE OF A QUALIFIED ATTORNEY OR OTHER APPROPRIATE PROFESSIONAL WITH ANY QUESTIONS YOU MAY HAVE REGARDING A LEGAL, FINANCIAL, HEALTH OR OTHER ISSUE.
PdfCast.org DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC DOCUMENTS, MATERIALS, USER CONTENT, THIRD PARTY CONTENT, OPINIONS, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SITE.
PdfCast.org, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THIS SITE, THE SERVICES, ANY MATERIALS, USER CONTENT OR THIRD PARTY CONTENT, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS, THE THIRD PARTY CONTENT AND THE USER CONTENT OF OTHER USERS OF THIS SITE. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE, THE SERVICES, MATERIALS, THIRD PARTY CONTENT, USER CONTENT, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE IS PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" AND "WHERE-IS" BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. PdfCast.org DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.
THE SECURITY MEASURES USED TO PROTECT USER CONTENT USED BY PdfCast.org HEREIN ARE USED IN CONJUNCTION WITH THE USER CONTENT "AS-IS" AND WITH NO ASSURANCES THAT SUCH SECURITY MEASURES WILL WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR THAT THERE WILL BE NO CRACKS, DISABLEMENTS OR OTHER CIRCUMVENTION OF SUCH SECURITY MEASURES.
12 LIMITATION OF LIABILITY AND DAMAGES
12.1 Limitation of Liability
PdfCast.org SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS, THIRD PARTY CONTENT OR USER CONTENT TO OR FROM THIS SITE. PdfCast.org SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY FAILURE OF THE SITE OR SERVICE TO OPERATE, FOR ANY ERRORS IN OR IN CONNECTION WITH THE SITE, OR FOR ANY LACK OF ACCESS TO THE SITE OR SERVICE. PdfCast.org MAY INTERRUPT THE SITE OR SERVICE AT ANY TIME TO PERFORM MAINTENANCE, TO ADDRESS SECURITY BREACHES, OR FOR ANY OTHER REASON, OR NO REASON AT ALL, WITH NO LIABILITY TO YOU WHATSOEVER IN NO EVENT SHALL PdfCast.org BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, RELIANCE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE, ANY DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) HOWEVER ARISING, EVEN IF PdfCast.org KNOWS OR HAS BEEN ADVISED THERE IS A POSSIBILITY OF SUCH DAMAGE. THE LIABILITIES LIMITED BY THIS SECTION) INCLUDE WITHOUT LIMITATION LIABILITY FOR NEGLIGENCE.
THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY REFERENCE SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN PdfCast.org AND RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY REFERENCE SITES.
12.2 Limitation of Damages
IN NO EVENT WILL PdfCast.org OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS, YOUR USE OF THE SITE OR YOUR INTERACTION WITH OTHER USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER. THE LIABILITIES LIMITED BY THIS SECTION INCLUDE WITHOUT LIMITATION LIABILITY FOR NEGLIGENCE.
THESE LIMITATIONS OF DAMAGES ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY REFERENCE SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN PdfCast.org AND RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY REFERENCE SITES.
12.3 Limitations by Applicable Law
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IS SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THIS TERMS OF SERVICE APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE YOU ARE LOCATED, IF THE LAWS OF THE JURISDICTION WHERE YOU ARE LOCATED APPLY AT ALL.
PdfCast.org may, in its sole discretion, for any or no reason, and without penalty, terminate and/or suspend Your access to this Site without notice. PdfCast.org prefers to advise You of Your inappropriate behavior and to recommend any necessary corrective action. However, certain violations of these Terms, as determined by PdfCast.org, may result in immediate termination of Your access to this Site. If PdfCast.org terminates Your access to the Site, PdfCast.org may delete Your user profile(s) but will not be obligated to, and may delete any User Content that You have provided in connection with the Site. PdfCast.org has the right to terminate any password-restricted account for any reason. You will not create multiple user accounts, particularly so as to abuse the any of the PdfCast.org policies, guidelines, or systems, or in connection with PdfCast.org. If, in violation of these Terms of Service you have created multiple accounts and any single account is terminated by PdfCast.org then PdfCast.org may terminate all of Your accounts. Further, if PdfCast.org terminates any of Your User accounts and You have multiple accounts You will notify PdfCast.org of the usernames of all Your other User accounts and you will not open any new User account(s). Such termination may continue so long as PdfCast.org suspects the violation in question, and PdfCast.org will have no liability to You for such suspension, including without limitation liability to refund any fees for paid for any content, documents, features or subscriptions. You agree that PdfCast.org will not be liable to You or any third party for any such termination.
Your only remedy with respect to any dissatisfaction with (i) the Site, (ii) any term of these Terms, (iii) any policy or practice of PdfCast.org in operating the Site, or (iv) any content or information transmitted through the Site, is to terminate Your account and by discontinuing use of any and all parts of the Site.
You agree to indemnify, defend, save, and hold harmless PdfCast.org, its parent and affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners, from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of Your use or misuse of the Site, any violation by You of these Terms, or any breach of the representations, warranties, and covenants made by You herein. PdfCast.org reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify, defend or hold harmless PdfCast.org, and You agree to cooperate with PdfCast.org's defense of these claims. PdfCast.org will use reasonable efforts to notify You of any such claim, action, or proceeding upon becoming aware of it.