Terms and Conditions

PODCAST.COM, LLC (PODCAST.COM) maintains this website for your personal information, education, and enjoyment. By accessing or using this website, you acknowledge that you have read, understood and agree to be bound by the terms of use set forth below, just as if you had signed them. If you do not agree to all of these terms of use, do not use this website. PODCAST.COM, may modify the terms of use at any time, and such modifications will be deemed effective immediately upon posting on this website. Any continued use of the website will be deemed conclusive of your acceptance of the modified terms of use.

1. Use of Site. You may browse this website and may download content for your own personal, noncommercial use only, provided all copies retain all copyright, trademark and other proprietary notices contained in the content. You may not modify, redistribute, reuse or republish any content you obtain on this website without PODCAST.COM's express written permission.

2. Limitations on Use. Except as otherwise expressly permitted by PODCAST.COM, any access or attempt to access other areas of the PODCAST.COM computer systems or other information contained on such systems for any purpose is strictly prohibited. You agree that you will not use any spider, robot, other automatic or manual process or device to monitor "mine", "screen scrape", or copy web pages on this website or the content contained therein. You will not spam any other user of this website. You agree that you will not use any devices, software or routine to interfere or attempt to interfere with the proper functioning of this website. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on this website or the PODCAST.COM's computer systems. You may not use framing techniques to enclose any PODCAST.COM trademark, logo, trade name or other proprietary information, including images, frames, content, or layout/design found on any page of this website without PODCAST.COM's express written consent.

3. Information on this Website. PODCAST.COM ASSUMES NO LIABILITY OR RESPONSIBILITY AS TO THE RELIABILITY, ACCURACY, VALIDITY, TIMELINESS, USEFULNESS OR COMPLETENESS OF ANY INFORMATION ON THIS WEBSITE. This website, all statements and all materials contained herein are provided "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS, FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. The above exclusion may not apply to jurisdictions that do not allow the exclusion of implied warranties.

4. Liability. YOUR USE OF THIS WEB SITE OR ANY CONTENT ON THE WEBSITE IS AT YOUR OWN RISK. PODCAST.COM SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THIS WEBSITE, EVEN IF PODCAST.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO RELIANCE BY ANY PARTY ON ANY CONTENT OBTAINED THROUGH THE USE OF THIS WEBSITE, OR THAT ARISES IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THIS WEBSITE OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THIS WEBSITE, OR RELATED INFORMATION OR PROGRAMS. PODCAST.COM does not guarantee or warrant that files available for download from this website will be free of infection from viruses, Trojan horses, worms or other code that manifests contaminating or destructive properties.

5. Trademarks. The trademarks, logos and service marks displayed on this website are registered and unregistered trademarks of PODCAST.COM and others. In addition, all page headers, button icons, custom graphics and scripts are service marks, trademarks and or trade dress of PODCAST.COM and may not be copied, in whole or in part, without the prior written permission of PODCAST.COM.

6. Ownership of Materials. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark, copyright or other property of PODCAST.COM or any third party. This website is copyrighted and protected by worldwide copyright laws and treaty provisions. Except for your informational, personal, non-commercial use as authorized herein, you may not modify, reproduce or distribute the content, design or layout of the website, or individual sections of the content, design or layout of the website or PODCAST.COM, LLC logos without our written permission.

7. Links to Other Websites. PODCAST.COM is not responsible for any content outside of www.podcast.com. Further, we make no representation concerning any endeavor to review, update or correct any information or other content on other websites, and we disclaim responsibility for the accuracy, copyright compliance or legality of materials contained on other websites. If you decide to access any of the third party sites linked to this website, you do this entirely at your own risk.

8. Indemnification. You agree to indemnify, defend and hold harmless PODCAST.COM, its directors, officers, employees, agents, and third party partners from and against all losses, damages, costs and expenses, including reasonable attorneys' fees, resulting from any violation by you of these terms of use.

9. Miscellaneous. PODCAST.COM, LLC reserves the right to alter or delete material from this website at any time. These terms of use constitute the entire agreement between you and PODCAST.COM with respect to your use of this website and supersede any and all other agreements, representations and understandings, whether written or oral. These terms of use may not be modified or amended by you without the prior written consent of PODCAST.COM. If any clause or provision set forth in these terms of use is determined to be illegal, invalid or unenforceable under present or future law, then, that clause or provision so determined to be illegal, invalid or unenforceable shall be severable without affecting the enforceability of all remaining clauses or provisions. The headings used in these terms of use are for convenience only and such headings are not to be used in determining the meaning or interpretation of these terms of use.

General Privacy Policy

Information about Podcast.com Users
When you register at our site and use Podcast.com services, we collect certain information about you. To login, we ask for your username, email address and password We collect this information in order to verify access rights to access-restricted services, deliver to you services that you requested, send you any newsletters that you register for, updates and information about our products, and to respond to your questions. During registration, we will also ask you for gender, age and nationality information.We use this information to insure the presentation of appropriate content and to comply with legal requirements that restrict the content presented to you. If you make a purchase on our site, we will ask you for your billing information including your name, address, email address, telephone number, and credit card information in order to process your order. We do use information about how members use our site on an anonymous, aggregated basis. We use this information so that we can understand how visitors are using the site and to improve it.

Sharing of Information
We may share your information with a third party vendor and their subcontractors in order to complete a transaction, process your billing information, to fulfill your requests for products, programs and services, or provide customer service. Any third party that we do business with is not permitted to use any of your personal information in any manner other than for the purpose for which it was provided. Third parties will not sell, rent or give your information to any other companies, other than successors to their businesses. By entering into the agreement for the purchase of a product and placement of your order with us you acknowledge that the uses and disclosures are necessary to fulfillment of the purchase agreement with you and you specifically consent to use and disclosure of your personal information as set forth herein. You specifically acknowledge that your personal information may be transferred outside the European Union in order to process or fulfill your order. Subject to applicable law, we will provide you with access to your personal information on request and provide you with the right to rectify errors. You may also notify us of your objection to the use of your personal information for direct marketing purposes.

Kids on Podcast.com
Podcast.com is designed to be appropriate for children under age 18, and as such adults over the age of 18 must opt in to be exposed to adult content. We recommend that children under 18 ask their parents for permission before using this service.

Legal Disclosure
Podcast.com was designed in such a way so that we would not regularly record or track the habits of our individual users. However, in certain situations such as the receipt of a subpoena or court order, we may be required to share information about your account.

Security
Podcast.com is committed to securely maintaining any information that you provide to us. We use state of the art technology in order to store all user information in secure databases. While we make every effort to keep this information secure, we cannot guarantee that the security measures we take will prevent third parties from illegally obtaining your information.

Privacy Changes
If we decide to change our privacy policy, we will post the changes here so that you will always know what information we collect about you, how we use it and whether it is shared with anyone.

Email Privacy Policy

We have created this privacy policy to demonstrate our firm commitment to your privacy and the protection of your information.

Why did you receive a mailing from us?
Our email marketing is permission based. If you received a mailing from us, our records indicate that (a) you have expressly shared this address for the purpose of receiving information in the future ("opt-in"), or (b) you have registered or purchased or otherwise have an existing relationship with us. We respect your time and attention by controlling the frequency of our mailings.

If you believe you have received unwanted, unsolicited email sent via this system or purporting to be sent via this system, please forward a copy of that email with your comments to abuse@podcast.com for review.

How can you stop receiving email from us?
Each email sent contains an easy, automated way for you to cease receiving email from us, or to change your expressed interests. If you wish to do this, simply follow the Unsubscribe directions in the email or Update your email preferences in your Podcast.com Profile Page.

How we protect your privacy
We use appropriate security measures to protect against the loss, misuse and alteration of data used by our system.

Sharing and Usage
We will never share, sell, or rent individual personal information with anyone for their promotional use without your advance permission or unless ordered by a court of law or the content is defined as "Premium Content". Premium Content is content where your email address and certain demographic information is shared with the content producer. All Premium Content is clearly marked. Information submitted to us is only available to employees managing this information for purposes of contacting you or sending you emails based on your request for information, and to contracted service providers for purposes of providing services relating to our communications with you.

Use of Web Beacons
When we send you emails, we may include a web beacon to allow us to determine the number of people who open our emails. When you click on a link in an email, we may record this individual response to allow us to customize our offerings to you. Web beacons collect only limited information, such as a cookie identifier, time and date of a page being viewed, and a description of the page on which the Web Beacon resides (the URL).

Web Beacons can be refused when delivered via email. If you do not wish to receive Web Beacons via email, you will need to disable HTML images or refuse HTML (select Text only) emails via your email software.

Privacy Policy Changes
This policy was created in August of 2008.
This policy was updated in January of 2009.

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