+1 (949) 346-1579
26632 Towne Center Dr Ste 300 Foothill Ranch, CA 92610

Terms of Use

Terms of Service/Use For Podetize.com

PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE PODETIZE.COM WEBSITE OR RELATED SERVICES. YOUR ACCESS OR OTHER USE OF THE PODETIZE SITE OR SERVICES CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THE TERMS OF SERVICE SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE PODETIZE SITE OR SERVICES AND SHOULD EXIT IMMEDIATELY.

Violation of any part of the Terms of Service may result in the termination of your account.

Introduction

Welcome to www.podetize.com. This website is owned and operated by Brandcasters, Inc.

This agreement is in effect as of May 21, 2017.

User AgreementPayments | Cancellations | Refunds | Non-Disparagement | Privacy | DMCA | Copyright | Contact

Responsible Use and Conduct

By visiting the Podetize.com site and accessing the information, resources, services, products, and tools we provide, you understand and agree to accept and adhere to the following terms and conditions as stated in this policy (hereafter referred to as ‘User Agreement’), along with the terms and conditions as stated in our Privacy Policy (please refer to the Privacy Policy section below for more information).

User Agreement

This User Agreement is made by and between Brandcasters, Inc./Podetize.com (“Services”), with its principal place of business at 26632 Towne Center Dr. Ste 300 Foothill Ranch, CA 92610, and the purchaser (“Client”).

We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.

Wherein, you understand that:

a. In order to access the Services, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Services. You agree that any information you provide will always be accurate, correct, and up to date.

b. Your use of the Services, including any content, information or functionality contained within it, is provided “as is” and “as available” with no representations or warranties of any kind, either expressed or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. You assume total responsibility and risk for your use of this Service.

b. You must be 18 years or older to use these Services.

c. You must be a human. Accounts registered by “bots” or other automated methods are not permitted.

d. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Services. Accordingly, you are responsible for all activities that occur under your account/s.

e. Accessing (or attempting to access) any of our Services by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Services through any automated, unethical or unconventional means.

f. Engaging in any activity that disrupts or interferes with our Services, including the servers and/or networks to which our Services are located or connected, is strictly prohibited.

g. You agree not to resell, duplicate, reproduce or exploit any part of the Services without the express written permission of Brandcasters, Inc.

h. You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.

i. We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner.
By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share or otherwise distribute any content that:

i. Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;

ii. Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;

iii. Contains any type of unauthorized or unsolicited advertising;

iiii. Impersonates any person or entity, including any www.podetize.com employees or representatives.

We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.

k. We do not assume any liability for any content posted by you or any other 3rd party users of our website. However, any content posted by you using any open communication tools on our website, provided that it doesn’t violate or infringe on any 3rd party copyrights or trademarks, becomes the property of Brandcasters, Inc./Podetize.com, and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit. This only refers and applies to content posted via open communication tools as described, and does not refer to information that is provided as part of the registration process, necessary in order to use our Services. All information provided as part of our registration process is covered by our privacy policy.

l. You agree to indemnify and hold harmless Brandcasters, Inc./Podetize.com, its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.

m. You understand that Brandscasters, Inc./Podetize.com uses third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Services and will not modify, adapt or hack the Services.

n. You may not use the Services to store, host, or send unsolicited email (spam) or SMS messages.

o. You understand that the Services can be used for transmission of your Content, and that during processing, your Content, including Audio files, Video files, File meta data, users names, email addresses and passwords, may be transferred unencrypted over the internet.

p. You may not use the Services to transmit any viruses, worms, or malicious content.

q. Brandcasters, Inc./Podetiz.com makes no warranties regarding (i) your ability to use the Services, (ii) your satisfaction with the Services, (iii) that the Services will be available at all times, uninterrupted, and error-free (iv), the accuracy of mathematical calculations performed by the Services, and (v) that bugs or errors in the Services will be corrected.

r. Brandcasters, Inc/Podetize.com its affiliates and its sponsors are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages arising out of or relating in any way to your use of the Services. Your sole remedy for dissatisfaction with the Services is to stop using the Services.

s. If any provision of the Terms of Service is held invalid or otherwise unenforceable, the enforceability of the remaining provisions shall not be impaired thereby.

t. The failure of Brandcasters, Inc./Podetize.com to exercise any right provided for herein shall not be deemed a waiver of any right hereunder. The Terms of Service sets forth the entire understanding between you and Brandcasters, Inc. as to the Services and supersedes any prior agreements between you and Brandcasters, Inc. (including, but not limited to, prior versions of the Terms of Service).

u. Technical support is provided mainly via email, although phone support is also available 9 am-5 pm PT M-F.

Episode Submission Terms

By submitting an Episode, you waive the right to make any claim against Brandcasters, Inc./Podetize.com or any of its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders related to the Episode, including, but not limited to, unfair competition, intellectual property infringement, invasion of privacy, negligence, breach of implied contract or breach of confidentiality, and you further waive all moral rights, so-called “droits morales” and any right of attribution you may have in any materials uploaded or sent to us by you. You represent and warrant that your Episode:

a. Shall be true, accurate, current, complete and not misleading.

b. Shall not violate the rights of any third party, including, but not limited to, intellectual property and proprietary rights.

c. Shall not be fraudulent or involve counterfeit or stolen information or items.

d. Shall not violate any law, statute, ordinance or regulation.

e. Shall not create any liability for Brandcasters, Inc./Podetize.com or any of its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders.

You also agree to maintain and promptly update your Episode by means of the Services in order to keep that information true, accurate, current and complete.

You further represent and warrant that (i) you own or have the necessary licenses, rights, consents and permissions to use and authorize Brandcasters, Inc./Podetize.com to use all patent, trademark, trade secret, copyright or other proprietary rights in and to your Episode to enable inclusion and use of the Episode in the manner contemplated by this TOS; and (ii) you have any and all necessary written or implied consents, releases, and/or permissions of each and every identifiable individual person in the Episode to use the name, picture and likeness of each and every such identifiable individual person to enable inclusion and use of the Episode in the manner contemplated by this Agreement.

No Representations Regarding the Portal & RSS Service

While Brandcasters will endeavor to ensure the Podetize Portal and Podetize RSS Service (and your website if you are contracting for Website Services) is fully functional and accessible to all Clients/Subscribers at all times, Brandcasters relies on third party web service providers and all websites and podcasts are subject to acceptance, terms and conditions, and reliability (or lack thereof) of third party companies like, GoDaddy, SiteGround, and WordPress, among others; and directories like Apple, Spotify, Stitcher, and other Podcast Players and Podcast Directories. Therefore, Brandcasters does not assure, represent, or warrant to the quality of service, continuity of service, or up-time on Portal, Players, Podcast Directories, your website, or any of third party services your site or podcast are using for distribution.

Notice: User-Generated-Content Disclaimer

Brandcasters, Inc./Podetize.com does not and cannot review all content posted to or created by users accessing the Services (including, but not limited to, the Podetize.com Site), and is not in any manner responsible for the content of these communications or the activities of these users. You acknowledge that by providing you with the ability to view and distribute user-generated-content through the Services (including, but not limited to, the Podetize.com Site), Brandcasters, Inc. is merely acting as a passive conduit for the distribution of such information, and is not undertaking any obligation or liability relating to the content or the users’ activities. Accordingly, Brandcasters, Inc./Podetize.com does not guarantee the accuracy, integrity, completeness, non-infringement or quality of such content. Brandcasters, Inc. and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders do not undertake or assume any duty to monitor the Podetize.com Site for inappropriate content.

You understand that by using the Podetize.com Site or Services, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will Brandcasters, Inc. be liable in any way for any content, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed or otherwise transmitted on or via the Podetize.com Site or Services. Brandcasters, Inc. and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders assume no responsibility or liability which may arise from the content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation. Notwithstanding the foregoing, Brandcasters, Inc. reserves the right to block or remove communications, postings or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading; (c) in violation of a copyright, trademark, patent, trade secret, intellectual property or other rights of another or (d) offensive or otherwise unacceptable to Brandcasters, Inc., in its sole discretion.

Honesty Policy

  1. There is no copyrighted content allowed on the Podetize.com site unless you personally hold the copyright. This includes but is not limited to audio from ripped CDs, purchased digital music, audiobooks, TV shows or audio you found on the web.
  2. You may not post content unless you created it or participated closely in its creation. “I have permission” does not mean you created it.
  3. You may not post content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable.
  4. You may not post content that is harmful to minors in any way.
  5. You may not post content that impersonates any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
  6. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service.
  7. You may not solicit other users of the Podetize.com Site to join or become members of any online or other services.
  8. You may not upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.

If you do not follow these simple guidelines we reserve the right to delete your account without warning.

Payments & Access

The total price for any Brandcasters, Inc./Podetize.com products or services will be due prior to commencing the Services. Each party represents and warrants that on the date the invoice is paid they are duly authorized to bind their respective principals. When the Client pays for the Services they are confirming that they agree to these terms.

a. We reserve the right to increase the price per episode if episodes consistently exceed 1 hour in length or are more challenging to produce due to special directions from the client or the accent of the speakers.

b. A valid credit card is required for paying accounts.

c. We will charge you a standard monthly fee based on your account type. The Service is billed in advance for each month and is non-refundable. There will be no refunds or credits for partial months of service. For more information see the refunds section below.

d. Should you upgrade your account type between billing cycles, your credit card will be charged the difference between your old billing rate and your new billing rate immediately. Your credit card will then be charged your new billing rate plus any overage fees on a monthly basis. You will continue to be charged the new billing rate until you change your plan or cancel your account.

e. All fees are exclusive of all taxes or duties imposed by governing authorities. You alone are responsible for the payment of all such taxes or duties.

f. Brandcasters, Inc./Podetize.com reserves the right to modify, suspend, or discontinue the Service at any time for any reason with or without notice.

g. Brandcasters, Inc./Podetize.com reserves the right to change our monthly fees upon 30 days’ notice from us. Fee change notices may be posted to the Service or on the Podetize website.

h. Brandcasters, Inc./Podetize.com shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Services/Scope of Work

Podcast Hosting

Save 15% by choosing to pay yearly.

Includes:

  • Automatic Editing: Just upload your main episode file and our system will put your intro and outro on for you!
  • Always Unlimited: Storage, Hosting, Bandwidth, Uploads, Downloads.
  • Statistics: Performance-based metrics for all podcasts and websites.
  • Simple Migration: FREE migration service for existing podcasters.
  • Ad Swapping + $50: Mix ads across your entire catalog on-demand. Advertise for your own business or paid sponsors. No application or approval.

Podcast Launching

Strategy Options To Fit All Budgets

Making sure your show is strategically set up to achieve your marketing goals is as key to a successful podcast launch as recording a great show. Our launch services provide proven advice and tactics that have worked for launching hundreds of podcasts. From do-it-yourself training to done-for-you asset creation including cover art, intro and outro, and much more, we have strategy options to fit every budget.

  • Mentorship Sessions with Master Podcast Strategist
  • Private Sessions with Podcast Success Team
  • Invitation to Weekly Live Group Coaching Every Wednesday

Brand You!

  • Strategy to Create Right-Fit Messaging
  • 4000 Character Podcast Description
  • Cover Art Creation
  • Intro/Outro Scripting
  • Music, Voice Over Recording & Mixing

Configuration for Organic SEO Growth

  • Plugin Installation
  • Podcast Page
  • Rate & Review Page

Binge-Worthy Content Machine

  • Establishment of Show Procedures
    • Video & Graphic Templates
  • Production of the First Episode
    • High-Value Shareability Guest Follow-Up (Optional)

Easy-To-Use Tech

  • Microphone with Custom Mic Flag
  • Tech/Editorial Topic/Guest Management Set-Up, Support & Training

Free Podcast Hosting for 1 Year

  • Podcast RSS Configuration
  • Syndication to Podcasting Apps Including Apple, Google, Spotify, iHeart Radio, & Even More!

Post Production

Brandcast Your Content Without All The Time & Effort

It’s hard to be seen. Up the odds with Podetize! Let us do all the post-production work for you.

Verbal SEO (Blog)

A Complete Post Loaded Directly Into Your Website Scheduled for Publication

Episode Landing Page

  • Proven to Rank Higher in SEO Than Any Other Method
  • Keyword Focused Title & Summary Creation
  • Graphics Creation for Social Sharing & Landing Page Header
  • Proofed Verbal SEO Transcription
  • All Links, Photos, & Videos Embedded

Automated Guest Communication

  • Unique Graphic With The Guest’s Image
  • All Graphics & Links Included
  • Customizable Email Copy
  • Automatically Sends at 7-8 am PT Upon Publication

Keep What You Don’t Use

  • Use Episode Packages at Your Own Pace They Never Expire

BONUS: Coaching & Support Services

  • 24/7 Email Support
  • 9 am-5 pm PT Phone Support
  • Tech/Editorial Topic/Guest Management Support & Resources
  • Designated Podcast Success Coordinator
  • Access to Weekly Live Group Coaching Sessions Every Wednesday
Options for full Audio &/or Video Editing.
Podcast (Audio)
  • Audio Editing
    • Addition of Intro & Outro
    • Removing Verbal Fumbles (“umms”)
  • Published to Podcast Apps
  • ⪯1-Minute Audiogram (1:1,16:9, or 9:16)
Multimedia (Audio, Video, Social)
  • Audio & Video Editing
    • Addition of Intro & Outro
    • Removing Verbal Fumbles (“umms”)
  • Published to Podcast Apps & YouTube
  • 5 Additional Social Assets
    • Host or Guest Quote Images
    • Audiograms or Video Memes (1:1,16:9, or 9:16)

Hosting Hiatus

This is for podcasters who will be taking a break from publishing but would like to keep their episodes available to listeners.

Includes:

  • Statistics: Performance-based metrics for all podcasts and websites.
  • Listing Maintenance: We will maintain your app listings while you are on hiatus.

Podcast Guest Program

Interview Guest Services

The following services are included to right-fit match you for interviews with podcast shows and hosts that will best meet your authority, leadership, and revenue generation goals.

Brand You!

  • One-Sheet and Website Interview Page (on your existing website)
  • Styled to Your Brand & Right-Fit
  • Copywritten Messaging for Podcast Guesting

Right-Fit Matching

  • Discovery Process to Match Your Audience
  • Curation of 50 Right-Fit Podcast Hosts

Pitching & Coordination

  • Customized Pitch Messaging
  • Email or Social Connection with Hosts
  • Interview Coordination

Easy-To-Use Tech

  • Microphone with Custom Mic Block
  • Earbuds
  • Recording Training & Support

Email Follow-Up

  • Host Thank You Email Template With Republish Permission Request

Custom Interview Graphics

  • Quote or Testimonial-Style Image
  • Audiogram or Video Meme Clip
  • Branded Interview Graphic

Website Page & Posts Updates

Choice of 10 or 25 interviews booked & turned into episodes with posts on your website.

Bootcamp Podcast Completion with Hosting

Everything To Get Your Podcast On The Air

Making sure your show is strategically set up to achieve your marketing goals is as key to a successful podcast launch as recording a great show. Our launch services provide proven advice and tactics that have worked for launching hundreds of podcasts.

Brand You!

  • 4000 Character Podcast Description
  • Cover Art Creation
  • Intro/Outro Scripting
  • Music, Voice Over Recording & Mixing

Power Platform

  • Configuration for Organic SEO Growth
  • Plugin Installation
  • Podcast Page
  • Rate & Review Page

Binge-worthy Content Machine

  • Establishment of Show Procedures
    • Video & Graphic Templates
  • Production of the First Episode
    • High-Value Shareability Guest Follow-Up (Optional)

Easy-To-Use Tech

  • Microphone with Custom Mic Flag
  • Tech/Editorial Topic/Guest Management Set-Up, Support & Training

Standard Hosting (Free for 30 Days – $49/mo after)

  • Automatic Editing: Just upload your main episode file and our system will put your intro and outro on for you!
  • Always Unlimited: Storage, Hosting, Bandwidth, Uploads, Downloads.
  • Statistics: Performance-based metrics for all podcasts and websites.
  • Simple Migration: FREE migration service for existing podcasters.

The Brandcaster Podcast Studio Pre-Order*

THE BRANDCASTER SYSTEM

Receive the Brandcaster Microphone at the lowest price it will ever be offered by Pre-Ordering Today! Once we launch our Kickstarter the price will increase.

You will receive:

  • Studio-quality microphone with an internal audio recorder, 2 SD card slots, USB compatible, volume control dial, headphone output, LIVE recording LED, battery life LED and a brandable mic flag.
  • USB Cable
  • Microphone Stand
  • Earbuds
  • Travel Bag
  • Windscreen
  • 1 32 GB Micro SD Card & Adapter

FREE Shipping to the United States & Canada. *Delivery in 2022

A Podcast Studio In The Palm of Your Hand/h5>
Receive the Brandcaster Microphone at the lowest price it will ever be offered by Pre-Ordering Today! Once we launch our Kickstarter the price will increase.

Simply put… NO BS

This is the first microphone that allows you to record, store, and brand your podcast in a single device.

Connect the Brandcaster to a computer via USB or use the SD card to record directly to the Mic!

Simply The Easiest Microphone Ever Made

With the Brandcaster Microphone, you don’t need all the unnecessary cords and recorders that are typically required when recording to create an awesome podcast. Now you can focus on what really matters, an amazing interview! Have the freedom to create impactful content 100% worry-free!

Podcast Microphone & Mic Flag

This package includes:

  1. 1 AT 2005
  2. Mini USB to USB Connector to Connect The Microphone to Your Computer
  3. Custom Mic Flag, Print Out and Slide In Your Own Logo (Template Provided)
  4. Mic Stand
  5. Foam Windscreen
  6. XLR Cable to Connect to Other Recording Devices or a Mixing Board

We will ship your equipment to you via ground shipping. Please allow a week to 10 days for delivery depending on your location (ships from California).

*Ground Shipping is included in your purchase*

Upgraded Recording Equipment Package

This package includes:

  1. Zoom H6
  2. 2 ATR 2100
  3. 32 GB SD Card
  4. Pelican Case to hold all your equipment

We will configure and ship your equipment to you via ground shipping within one week.

*Ground Shipping is included in your purchase*

Website Development

Tap Into Our Verbal SEO Process Organically Attracting Unique Visitors

Geared towards building your authority with traditional and verbal SEO.

Brand You!

  • Custom Theme or Style Based On Your Branding

A Solid Foundation

  • 3-5 Page Website
  • Home Page
  • Podcast Page
  • Blog Page
  • About Us Page
  • Press or Media Page

Email Opt-In

  • Plugins & Configuration Installed for Capturing Your Site Visitors Motivating Them to Subscribe

SEO Optimized

  • Professionally Set-Up
  • Configured for Optimum SEO Ranking

Upgradeable

  • The Website Can Be Expanded to Meet Your Future Needs

Web Hosting & Maintenance (Free 1st Year)

  • Email and Phone Support
  • Plugin Updates and Reconfiguration
  • Weekly Scans & Updates for…
    • Security
    • Optimization
    • Performance
    • Back-Ups

Website Transfer

Your website transferred to WordPress as it currently stands.
  • All pages of the website will match the existing design as much as possible
  • All site navigation will remain the same
  • All backlinks will be preserved or redirected as appropriate
  • Minor updates and additional pages can be accommodated
  • No Design Updates will be made, the new site will match the design of the previous site
  • Web Hosting & Maintenace (Free for 1st Year)
    • Security
    • Optimization
    • Performance
    • Back-Ups

Website Maintenance

We maintain optimal site performance proactively and reactively. Monitoring sites 24/7 to repair any hacks or security breaches, as well as update content to keep up with publicity, new services or products, and ever-changing business brands.

  • Email and Phone Support
  • Timely Updates to Pages & Content
  • Plugin Updates and Reconfiguration
  • Addition of New Pages
  • Weekly Scans & Updates for Security, Optimization, Performance & Back-Ups

Host or Guest Ultimate One Sheet

This ONE THING Will Get You More Guest Bookings With Top Podcasters
This works even if you don’t currently have a podcast or haven’t appeared as a guest before!

Introducing,
The Ultimate One Sheet

  • Booked Solid: Our one-sheets see our clients booked out faster
  • Professional: Proven with Top Podcasters across the country
  • Stand Out: Uniquely you and custom-designed

Guarantee

UNLESS OTHERWISE EXPRESSED, Brandcasters, Inc./Podetize.com EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Cancellation/Termination

You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website, information and Services with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Information and Services we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.

You alone are responsible for the proper cancellation of your account. You may cancel your account at any time by contacting us at info@podetize.com.

Your account and all of its Content will be deleted immediately upon your cancellation of the Services. This information can NOT be recovered once it has been deleted.

You can cancel at any time, but you will remain liable for all charges accrued up to that time, including full monthly charges for the month in which you discontinued service. You will not be charged again.

Brandcasters, Inc./Podetize.com reserves the right to modify, suspend, or terminate your account and refuse any and all current or future use of the Services for any reason at any time with or without notice or refund. Such termination of the Services will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all content in your account. Branscasters, Inc./Podetize.com may refuse service to anyone for any reason at any time.

Refunds

Thank you for shopping and becoming a Client at Podetize.com/Brandcasters, Inc.. If you are not entirely satisfied with your purchase, we’re here to help.

All Podetize.com/Brandcasters, Inc. packages, services and products are non-refundable. If you are not satisfied with your purchase, please contact us (info@podetize.com) so that we can work to resolve the situation.

Please understand that Podetize.com has a file hosting service. Storage space on our servers and bandwidth used when listeners access your episodes, costs us money. Even if you don’t upload new content for a period of time, Podetize still has costs associated with hosting and serving your older episodes. We’ll do everything we can to keep you happy, but no one wins if we go out of business.

Can I dispute a charge through my credit card company/bank?

Yes, but it’s not the best way to get a refund. Disputes should be filed when fraud is suspected or as a last resort after contacting us and giving us a chance to make things right.

We are required to respond to all disputes and provide evidence that the charge was valid. Once a dispute has been filed, we are no longer able to issue a refund until the dispute is resolved. The dispute process is long and costly; typically resulting in us having less options to make you happy.

What happens if my payment is declined or the card on file expires?

If a payment fails for any reason, the system will send the account owner an email letting them know there was a problem processing the payment. The account will be placed in a suspended state for 30 days or until the billing issue is resolved. During the suspension, your episodes will remain online but you will not be able to upload any new content. If we are unable to resolve payment issues within 90 days we will cancel your account and all data will be deleted.

Subscriptions

All podcast hosting subscriptions are non-refundable. If you switch to a new subscription the old subscriptions amount will be prorated for the days that old subscription was use and the new subscription will start on the date of purchase.

Non-Disparagement

You (the Client) will not disparage Brandcasters, Inc./Podetize.com or any of its employees in any way, or post any negative statements, reviews, comments, or feedback about the company or services provided to any third party whether orally or in any written publication or online forum, chat room, or message board, including but not limited to Facebook, Twitter, Ripoff Report and Yelp.

Parties agree that it would be impracticable and extremely difficult to ascertain the amount of actual damages caused by a failure to comply with this provision. Parties agree that in the event it is established that Client has failed to comply with this provision, liquidated damages of $15,000 for each incident shall be payable.

Privacy

Your privacy is very important to us, which is why we’ve created a separate Privacy Policy in order to explain in detail how we collect, manage, process, secure, and store your private information. Our privacy policy is included under the scope of this User Agreement. To read our privacy policy in its entirety, click here.

Limitation of Warranties

By using our website, you understand and agree that all Information and Resources we provide are “as is” and “as available”. This means that we do not represent or warrant to you that:

i) the use of our Information and Resources will meet your needs or requirements.

ii) the use of our Information and Resources will be uninterrupted, timely, secure or free from errors.

iii) the information obtained by using our Information and Resources will be accurate or reliable, and

iv) any defects in the operation or functionality of any Information and Resources we provide will be repaired or corrected.

Furthermore, you understand and agree that:

v) any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.

vi) no information or advice, whether expressed, implied, oral or written, obtained by you from Brandcasters, Inc. or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.

vii) you will not disparage Brandcasters, Inc., Podetize.com, or any of its employees in any way, or post any negative statements, reviews, comments, or feedback about the company or services provided to any third party whether orally or in any written publication or online forum, chat room, or message board, including but not limited to Facebook, Twitter, Scam Report and Yelp.

Limitation of Liability

In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. Brandcasters, Inc. will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.

DMCA Notice

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing us with the following information in writing (see 17 U.S.C 512(c)(3) for further details):

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interests
  • A description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work
  • Identification of the URL or other specific location on the Service where the material that you claim is infringing is located
  • Your address, telephone number, and email address
  • A statement that you have a good faith belief 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 the copyright owner or authorized to act on the copyright owner’s behalf.

Do not make false claims. Misuse of this process may result in the suspension of your account or other legal consequences.

Governing Law

This website is controlled by Brandcasters, Inc. from our offices located in the state of California, USA. It can be accessed by most countries around the world. As each country has laws that may differ from those of the USA, by accessing our website, you agree that the statutes and laws of California, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.

Furthermore, any action to enforce this User Agreement shall be brought in the federal or state courts located in California, USA. You hereby agree to personal jurisdiction by such courts and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

Contact Information

If you have any questions or comments about these our Terms of Service as outlined above, you can contact us at:

Brandcasters, Inc.
(Podetize.com)

26632 Towne Center Dr. Ste 300

Foothill Ranch, CA 92610 USA

(949) 299-2607

info@podetize.com

Last Updated on 7/25/2021

Any questions regarding the Terms of Service should be addressed to info@podetize.com.