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.
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.