Effective May 31, 2017
These terms and conditions outline the rules and regulations for the use of Podcast Keeper, LLC's Website. By accessing this website we assume you accept these terms and conditions in full. Do not continue to use Podcast Keeper, LLC's website and/or services (Site) if you do not accept all of the terms and conditions stated on this page. If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity, its affiliates and all users who access our services through your account to these terms and conditions, in which case the terms "you" or "your" shall refer to such entity, its affiliates and users associated with it. If you do not have such authority, or if you do not agree with these terms and conditions, you must not accept this agreement and may not use the services.
If Podcast Keeper, LLC makes material changes to these Terms, we will notify you by email or by posting a notice on our site before the changes are effective. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: https://podcastkeeper.com/terms.html
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: "Client", "You" and "Your" refers to you, the person accessing this website and accepting the Company's terms and conditions. "The Company", "Ourselves", "We", "Our" and "Us", refers to our Company. "Party", "Parties", or "Us", refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client's needs in respect of provision of the Company's stated services/products, in accordance with and subject to, prevailing law of United States. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
In order to use the services provided by Podcast Keeper, LLC:
You must be 13 years or older to use this Service.
You must be a human. Accounts registered by "bots" or other automated methods are not permitted.
You must provide your name, a valid email address, and any other information requested in order to complete the signup process.
Your login may only be used by one person - i.e., a single login may not be shared by multiple people - except that a machine user's actions may be directed by multiple people.
You are responsible for maintaining the security of your account and password. Podcast Keeper, LLC cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
You are responsible for all Content posted and activity that occurs under your account (even when - Content is posted by others who have accounts under your account).
You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright or trademark laws).
Any Content other than Your Content is the property of the relevant Uploader, and is or may be subject to copyright, trademark rights or other intellectual property or proprietary rights. Such Content may not be downloaded, reproduced, distributed, transmitted, re-uploaded, republished, displayed, sold, licensed, made available or otherwise communicated to the public or exploited for any purposes except via the features of the Platform from time to time and within the parameters set by the Uploader on the Platform or with the express written consent of the Uploader. Where you repost another user's Content, or include another user's Content in a playlist or station or where you listen to another user's Content offline, you acquire no ownership rights whatsoever in that Content. Subject to the rights expressly granted in this section, all rights in Content are reserved to the relevant Uploader.
You must not:
You may not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Podcast Keeper Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Podcast Keeper Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Podcast Keeper reserves the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Podcast Keeper server, or to any of the services offered on or through the Site, by hacking, password "mining" or any other illegitimate means.
You must not employ any techniques or make use of any services, automated or otherwise, designed to misrepresent the popularity of Your Content on the Platform, or to misrepresent your activity on the Platform, including without limitation by the use of bots, botnets, scripts, apps, plugins, extensions or other automated means to register accounts, log in, add followers to your account, play Content, follow or unfollow other users, send messages, post comments, or otherwise to act on your behalf, particularly where such activity occurs in a multiple or repetitive fashion. You must not offer or promote the availability of any such techniques or services to any other users of the Platform.
You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Podcast Keeper, including any Podcast Keeper account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Podcast Keeper's systems or networks, or any systems or networks connected to the Site or to Podcast Keeper. This includes but is not limited to use of the Service in a way that requires unreasonable commercial efforts on Podcast Keeper's part or creates a burden with regard to network, support, technical or staffing resources.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person's use of the Site.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Podcast Keeper on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Service, or to solicit the performance of any illegal activity or other activity which infringes the rights of Podcast Keeper or others.
The following organizations may link to our Web site without prior written approval:
These organizations may link to our home page, to publications or to other Web site information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party's site.
We may consider and approve in our sole discretion other link requests from the following types of organizations:
We will approve link requests from these organizations if we determine that: (a) the link would not reflect unfavorably on us or our accredited businesses (for example, trade associations or other organizations representing inherently suspect types of business, such as work-at-home opportunities, shall not be allowed to link); (b)the organization does not have an unsatisfactory record with us; (c) the benefit to us from the visibility associated with the hyperlink outweighs the absence of Podcast Keeper, LLC; and (d) where the link is in the context of general resource information or is otherwise consistent with editorial content in a newsletter or similar product furthering the mission of the organization.
These organizations may link to our home page, to publications or to other Web site information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and it products or services; and (c) fits within the context of the linking party's site.
If you are among the organizations listed in paragraph 2 above and are interested in linking to our website, you must notify us by sending an email to firstname.lastname@example.org. Please include your name, your organization name, contact information (such as a phone number and/or e-mail address) as well as the URL of your site, a list of any URLs from which you intend to link to our Web site, and a list of the URL(s) on our site to which you would like to link. Allow 2-3 weeks for a response.
Approved organizations may hyperlink to our Web site as follows:
Without prior approval and express written permission, you may not create frames around our Web pages or use other techniques that alter in any way the visual presentation or appearance of our Web site.
We shall have no responsibility or liability for any content appearing on your Web site. You agree to indemnify and defend us against all claims arising out of or based upon your Website. No link(s) may appear on any page on your Web site or within any context containing content or materials that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our Web site. You agree to immediately remove all links to our Web site upon such request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuing to link to our Web site, you agree to be bound to and abide by these linking terms and conditions.
Except where prohibited by law, in no event will Podcast Keeper, LLCbe liable to you for any indirect, consequential, exemplary, incidental, statutory or punitive damages, including lost profits, even if Podcast Keeper, LLC has been advised of the possibility of such damages.
You agree to indemnify and hold Podcast Keeper, LLC, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys' fees), made against Podcast Keeper, LLC by any third party due to or arising out of or in connection with your use of the Site, including, but not limited to, Your Content.
If you find any link on our Web site or any linked web site objectionable for any reason, you may contact us about this. We will consider requests to remove links but will have no obligation to do so or to respond directly to you.
Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:
The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.
Podcast Keeper, LLC may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Podcast Keeper, LLC's rights or property, or the rights or property of visitors to or users of the Site, including Podcast Keeper, LLC's customers. Podcast Keeper, LLC reserves the right at all times to disclose any information that Podcast Keeper, LLC deems necessary to comply with any applicable law, regulation, legal process or governmental request. Podcast Keeper, LLC also may disclose your information when Podcast Keeper, LLC determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that Podcast Keeper, LLC may preserve any transmittal or communication by you with Podcast Keeper, LLC through the Site, and may also disclose such data if required to do so by law or if Podcast Keeper, LLC determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process; (2) enforce these Terms of Service; (3) respond to claims that any such data violates the rights of others; or (4) protect the rights, property or personal safety of Podcast Keeper, LLC, its employees, users of or visitors to the Site, and the public.
You agree that Podcast Keeper, LLC may, in its sole discretion and without prior notice, terminate your access to the Site, Service, or any Content and/or block your future access to the Site, Service, or any Content if we determine that you have violated these Terms of Service or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Service will constitute an unlawful and unfair business practice, and will cause irreparable harm to Podcast Keeper, LLC, for which monetary damages would be inadequate, and you consent to Podcast Keeper, LLC obtaining any injunctive or equitable relief that Podcast Keeper, LLC deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Podcast Keeper, LLC may have at law or in equity.
You further agree that Podcast Keeper, LLC may, in its sole discretion and without prior notice implement a pricing or Service change, impose additional fees or requirements, as remedy in the event that you have violated these Terms of Service or other agreement or guidelines which may be associated with Your Content or use of the Site.
You agree that Podcast Keeper, LLC may, in its sole discretion and without prior notice, terminate your access to the Site, Service, or any Content for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies; (2) a request by you ("self-initiated account deletions"); (3) discontinuance or material modification of the Site or any Service offered on or through the Site; or (4) unexpected technical issues or problems.
If Podcast Keeper, LLC does take any legal action against you as a result of your violation of these Terms of Service, Podcast Keeper, LLC will be entitled to recover from you, and you agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to Podcast Keeper, LLC, regardless of the action's outcome. You agree that Podcast Keeper, LLC will not be liable to you or to any third party for termination of your access to the Site, Service, or any Content as a result of any violation of these Terms of Service.
You agree that all matters relating to your access to or use of the Site or any of its Content, including all disputes, will be governed by the laws of the United States and by the laws of the State of Colorado without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in the 18th Judicial District of Colorado, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Service must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorney's' fees. In the event of any controversy or dispute between Podcast Keeper, LLC and you arising out of or in connection with your use of the Site of any of its Content, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
Podcast Keeper, LLC (address goes here) (phone number goes here) email@example.com