- PURCHASE AND REFUND POLICIES
- On the Website, you may purchase a subscription to our service entitled “StartAPod” (the “Service”). Once you sign up for the Service, you will receive access to a User Account, as defined below. The Service is available for a monthly or yearly fee, which you may choose at the time of purchase (the “Subscription Fee”).
- Access will be revoked to the Services if you choose a payment plan or subscription and do not complete the payments on schedule.
- You must submit advanced payment, via credit card, of the Subscription Fee to gain access of the Services.
- You may opt out of automatically recurring payments by accessing the User Account and modifying the payment options. If you do not opt out, then the Subscription will automatically renew for a like term under the then-current Terms & Conditions.
- The term shall commence on the first day on which you purchase the Services and shall continue until termination. You shall decide the length of each term at the time of purchase.
- If you choose to discontinue the Subscription before the end of the then-current Term, you may do so through your User Account; however, Company will provide no refund of any portion of the Subscription fee for the month in which the services were cancelled.
- Company may terminate this Agreement in whole or in part, at any time, upon written notice, including via email at the email noted in your User Account.
- 1.10.You may cancel your Subscription at any time. Refunds are not available for amounts already paid.
- REGISTRATION & RESTRICTED ACCESS
- Access to certain areas of the Website may be restricted. Company reserves the right to restrict areas of the Website at its sole discretion.
- You agree to keep your username and password confidential. You may not use as a username the name of another person or entity that is not lawfully available for use, a name or trademark that is subject to any rights or another person or entity or is offensive, vulgar or obscene. If you suspect your password has been compromised, you must notify Company immediately at firstname.lastname@example.org. Company will not be liable for any loss caused by the unauthorized use of your account; however, you may be liable to Company or other third parties for any losses incurred due to such unauthorized use.
- Company may disable your username and password at its sole discretion, refuse to register a user for the Service, remove or edit any content contributed to the Website or cancel any User Account. Company may, without notice, refuse access to its Website, in whole or part, to any person that fails to comply with these Terms.
- Company reserves the right to modify methods for registration and access levels of registered users from time to time.
3.1 Company has made every effort to ensure that all information on the Website has been tested for accuracy. Company makes no guarantees regarding the results that you will see from using the information provided on the Website.
3.2 Company disclaims liability for incidental or consequential damages and assumes no responsibility or liability for any loss or damage suffered by any person as a result of use of the information provided on the Website. Company assumes or undertakes no liability for any loss or damage suffered as a result of the use of any information found on the Website.
3.3 We have made every effort to ensure that all business information, including but not limited to any references to technology or business methodology, provided on the Website has been tested for accuracy. There is no guarantee that you will see positive results to your business using the techniques and materials provided on the Website. We assume no responsibility for your decisions or for policies or practices that you implement based on information on the Website. Everything provided on the Website is for informational purposes only.
3.4 The Website was developed strictly for informational purposes. You understand and agree that you are fully responsible for your use of the information provided on the Website. Company makes no representations, warranties or guarantees. You understand that results may vary from person to person. Company assumes no responsibility for errors or omissions that may appear in the Website.
- USE OF THE WEBSITE
- Unless otherwise stated, Company owns the intellectual property and rights to all content and material on the Website. Subject to the license below, all intellectual property rights are reserved.
- The following uses are not permitted:
- Republication of content from the Website, unless content is specifically and expressly made available for republication;
- Sale, rental or sub-license of any content from the Website;
- Reproduction or duplication of any content on the Website for commercial purposes;
- Modification of any content on the Website, unless content is specifically and expressly made available for modification;
- Redistribution of content of the Website, unless content is specifically and expressly made available for redistribution. Users are permitted to share content on social media channels, as long as a link to the Website is included.
- From time to time, the Website will utilize various plugins or widgets to allow sharing of content via social media channels, email or other methods. Use of these plugins or widgets does not constitute any waiver of Company's intellectual property rights. Such use is a limited license to republish the content on the approved social media channels, with full credit to Company.
- You must not use the Website in a way that causes, or may cause, damage to the Website or impairs the availability of access to the Website. You must not decompile, reverse engineer, disassemble or otherwise reduce the Website, except to the extent that such activity is expressly permitted by applicable law. You must not use the Website to copy, store, host, transmit, send, use, publish or distribute any material that consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit and/or other harmful code or malicious software.
- You must not conduct any systematic or automated data collection activities, including, but not limited to scraping, data mining, data extraction or data harvesting on or in relation to the Website without Company’s express written permission.
- You must not use the Website to transmit or send any unsolicited commercial communications.
- You must not use the Website for any third-party marketing without Company’s express written permission.
- INTELLECTUAL PROPERTY
- All original materials provided by Company are owned by Company. Any original materials are provided for your individual use only. You are not authorized to use or transfer any of Company’s intellectual property. All intellectual property remains the property of Company. No license to sell, distribute, reproduce, prepare a derivative work, display or perform is granted or implied. Company will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.
- Certain of the names, logos, and other materials displayed on the Website constitute Company’s intellectual property, including, but not limited to, patents, trademarks, service marks, trade secrets and copyrights (“Company IP”). You are not authorized to use any Company IP without Company’s express consent. Ownership of Company IP remains with Company and you agree not to make any claims or assertions of any other party’s ownership of Company IP.
- “StartAPod” and the StartAPod logo are trademarks of Company and are protected by United States trademark law. Company’s trademarks and trade dress may not be used in connection with any product or service that is not Company’s, in any manner likely to cause confusion among consumers or in any manner that disparages or discredits Company.
- The materials you have access to through the Services and the User Account were developed solely for your personal use and may not be reproduced for publication or for the personal or commercial use of others without permission.
- Unless otherwise noted, the design, content and all components of the Website are copyrights owned by Company or third parties and are protected by United States and international copyright laws and should not be reused or republished without express written permission.
- Company’s trademarks and trade dress may not be used in connection with any product or service that is not Company’s, in any manner likely to cause confusion among consumers, or in any manner that disparages or discredits PodSearch, Inc., www.startapod.com, or the experts featured on the Website.
- From time to time, the Website will legally utilize trademarks owned by third parties related to Company’s services. These trademarks are the respective property of their owners.
- FTC DISCLOSURE.
- From time to time, the Website may post sponsored content from an advertiser. This means that an advertiser, which may be a brand, agency, or influencer network, will contract with Company to create content featuring certain messages or product placement. Pursuant to the FTC’s requirements, all such advertisements on the Website are clearly and conspicuously disclosed.
- 6.2. Even though compensation (cash, free product, services) is received in exchange for this sponsored content placement, Company gives its honest opinion, findings, beliefs, or experiences in such content. All views expressed on the Website are those of the content creator. Any product claim, statistic, quote or other representation about a product or service should be verified with the manufacturer, provider, or party in question.
- CHILDREN'S INFORMATION.
- The Website does not knowingly collect any personally identifiable information from children under the age of 16. If a parent or guardian believes that the Website has personally identifiable information of a child under the age of 16 in its database, please contact us immediately at email@example.com and we will use our best efforts to promptly remove such information from our records.
- AFFILIATE MARKETING.
- From time to time, the Website may engage in affiliate marketing. This means that if you use an affiliate link to make a purchase, the Website will receive a commission on that purchase. All efforts are made to ensure that affiliate links are disclosed in accordance with the FTC.
- GRANT OF RIGHTS.
- You grant Company a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute any content you contribute to the Website. This includes, but is not limited to, text, images, audio material, comments, video material and audio-visual material. This license extends to all known and future media. You also grant Company the right to sub-license these rights and the right to bring an action for infringement of these rights.
- Content Contributed to the Website.
- Any content you contribute to the Website, including, but not limited to text, images, audio material, comments, video material and audio-visual material, must not be illegal or unlawful, may not infringe on any third-party’s legal rights, and must not be capable of giving rise to legal action whether against you or Company or a third party.
- Company reserves the right to edit or remove: (i) any material submitted to the Website; (ii) stored on Company’s servers; or, (iii) hosted or published on the Website. Company takes no responsibility and assumes no liability for any content posted by you or any third party.
- Comment Policy
- The Website offers the option for you to leave comments, engaging with the Website’s posts. The following types of comments will not be tolerated and will be deleted:
- harassment directed toward any content creator or Company;
- hate speech;
- defamatory to Company or any third party;
- reference to illegal acts; or
- violate the legal rights of a third party.
- The Website offers the option for you to leave comments, engaging with the Website’s posts. The following types of comments will not be tolerated and will be deleted:
- Company’s sole discretion will be used to determine if a comment is in violation of this comment policy. Any comments in violation will be promptly deleted and no further explanation will be due to you if your comment was determined to be in violation with this policy.
- TAKEDOWN REQUESTS
- 10.1.The Company respects the rights of others. If you believe any content available through the Services infringes your rights, you must submit a complaint to firstname.lastname@example.org
- 11.1.If you send Company an email, register to use the Website or provide your email to Company in any other way, you consent to receive communications from Company electronically. You agree that all legal notices provided via electronic means from Company satisfy any requirement for written notice.
- THIRD PARTIES
- 12.2.Prior to engaging in any events or commercial transactions with any third parties discovered through or linked on the Website, including the list of recommended podcast producers, you must complete any necessary investigation or due diligence. If there is a dispute for any events or commercial transactions with a third party discovered through or linked on the Website, you expressly hold Company harmless from any and all liability in any dispute. Company expressly disclaims any liability for any interactions you may have with any experts or individuals referred or discovered on the Website.
- DISCLAIMERS, EXCLUSIONS, LIMITATIONS, AND INDEMNITY.
- 13.2.EXCLUSION OF DAMAGES. COMPANY WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE SERVICES, REGARDLESS OF THE CAUSE OF ACTION ON WHICH THEY ARE BASED, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING, INCLUDING WITHOUT LIMITATION, THE COST OF ANY GOODS OR SERVICES WHICH MAY BE PURCHASED OR OBTAINED AS A RESULT OF USING THE SERVICES.
- 13.4.STATE LAW RIGHTS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. AS SUCH, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS APPLY.
- 14.2.Informal Resolution. If you have any dispute with Company or any related third party, arising out of, relating to, or connected with the Services, you agree to contact email@example.com; provide a brief, written description of the dispute and your contact information (including your registered email address, if your dispute relates to an account); and give Company 30 days within which to resolve the dispute to your satisfaction.
- 14.3.Limitation of Actions. Regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or connected with your use of the Services, must be filed within one calendar year after such claim or cause of action.
- EQUITABLE RELIEF
- 16.2.All claims and disputes arising under or relating to this agreement shall be adjudicated on an individual basis, and you will not consolidate or seek class treatment for any claim unless previously agreed to in writing by Company.
- FORCE MAJEURE
- 17.1.Company will not have any liability if Company’s performance of its obligations is delayed by the occurrence of: (a) fires, floods, earthquakes, elements of nature, acts of God, acts of war, terrorism, riots, civil disorders, rebellions or revolutions, sabotage, embargo, government action or order, blackouts, epidemic or quarantine, strikes/labor difficulties, or any other similar cause; or (b) any event or circumstance within the control of, or caused by information provided by you or any third party.
- MISCELLANEOUS PROVISIONS
- 19.1.By providing your email address, you agree that Company may send emails to you related to the Services. If you do not wish to receive general marketing emails, you can opt out by following the instructions in the message. Company may send any legal notices to you via email. To give legal notice to Company, please send written communication to:
Attn: Legal Department
21550 Oxnard Street Suite 460, Woodland Hills, CA 91367
Your indication of your assent to the terms, whether express (for example, by clicking on an “I AGREE” icon) or implicit (for example, by using any Product or Service) constitutes your agreement to the Terms. You agree that such acceptance will have the same force and effect as if you had manually signed a paper version of these Terms. All references in the Terms to “signature” or the like will be deemed references to your assent to these terms. You hereby irrevocably waive any “opt-out” rights that you may have under applicable law to receive physical copies of these Terms.
BY INDICATING YOUR ACCEPTANCE OR USING ANY OF THE SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THE TERMS, WHICH CONTAIN BINDING DISPUTE RESOLUTION PROVISIONS AND LIABILITY LIMITATIONS.
Last updated: January 17, 2020.