You must be 13 years old or older to use this site. The Company created this Site as a place where you can receive news and other information for your personal enjoyment or education. The Site is intended for your personal use. The material that you view or download from the Site must be for your personal use and cannot be reproduced, modified or retransmitted in any way by any means including email, facsimile, and all other forms of electronic transmission. In addition the material that you view or download from the Site cannot be used on any website or computer network. Copyright or trademark laws protect all of the material available on the Site. This includes any audio files that you download or receive by subscription, graphics, logos, videos and photographs including any work or material that is derived from the Site for use in promotional material or other websites. The Company may, at its discretion, grant permission for the use of this material. Permission must be granted with prior written consent before any use of the material is allowed. Please make your request to email@example.com.
Updated 9-27-06 to match Podcaster Terms of Service
Your RSS Feeds: Participating content creators will retain their RSS feeds. You do not have to change anything! This includes where you host your files, your RSS feeds, and any other specific directory listing. Blubrry will import your existing media content RSS feeds and migrate that data into your branded show profile on the Blubrry Network. Listeners will be able to subscribe to your RSS feed or utilize the MyCast™ service on the Blubrry website.
You are responsible for maintaining the security of your login name and your password. This information should be kept strictly confidential and you should notify the Company if you lose this information or you believe that this information has been stolen. Further, you agree that you will not attempt to discover, reverse engineer, translate, alter and /or disassemble any executable code or RSS feeds on this Site. If you discover such information by accident or by specific intent you agree to keep such information confidential. You understand that if you reveal such information then you are liable for serious civil and criminal and legal penalties. The Company will aggressively pursue its rights under criminal and civil law should you reveal such information.
Disclaimer of Warranties and Liabilities
It is the Company’s goal to offer a reliable service with the highest quality possible. However, we offer no guarantees or warrantees. You accept the materials from the Site in a “as is” basis for personal use. To the extent that you make any reliance upon the material from this site, you do so at your own risk. The Company does not warrant that the Site or material from the Site is fit for any particular purpose. No warranties are made that the site will be available on a consistent basis, that defects in the Site will be corrected in a timely manner, and that the Site will be free of viruses or other harmful materials.
The Company and its content providers, affiliates along with their employees, agents, officers, directors and shareholders ARE NOT LIABLE for any omissions, errors, inaccuracies, delays, failures, interruptions, viruses, defects, deletions, failure in networks or communications lines, destruction, theft or unauthorized access to your network, system or computer.
You agree that the Company and its content providers are not responsible for or liable for any offensive or illegal conduct, any defamatory material that is found on the Site or that is associated with the Site.
In no event, other than required by law, will the Company be liable to you on any legal theory for incidental, special, consequential, punitive or exemplary damages arising out of the terms of this Agreement, the use of any material received or not received from the Site even if you were advised of the possibility of such damages.
You agree to hold harmless, defend and indemnify the Company, its employees, agents, directors, officers and shareholders from and against all claims, liabilities, damages, expenses and reasonable attorney fees and costs that may arise out of your use of the Site; or from your failure to use the Site; or from any breach or alleged breach of this agreement including the breach or alleged breach of any patents, trademarks, copyrights or other rights of third parties.
Termination of Agreement
The Company may at any time for any reason terminate this Agreement and your use of the Site. This includes inappropriate or unacceptable conduct. The Company retains sole discretion to decide if you have breached this agreement, any rule, regulation or law that is contrary to this Agreement.
Infringement of Copyright
Please notify the Company immediately if you own a copyright and you believe this Site has infringed your copyright. Appropriate action will be taken as required by the Digital Millennium Copyright Act and any other applicable intellectual property laws. Please email any claims of copyright infringement to firstname.lastname@example.org. Please include all of the information required in the notification as required by 17USC512(c)(3).
Severability and Scope
If any portion of this Agreement is found to be unlawful, void, unenforceable then that portion of the Agreement is severable from the rest of the Agreement and does not affect the lawfulness or enforceability of the remainder of the Agreement. This Agreement constitutes the entire Agreement between you and the Company. This Agreement supersedes any oral, contemporaneous or written agreement between you and the Company. Any change in this Agreement must be in writing and signed by an officer of the Company.
Choice of Law
You agree that this agreement is governed by the laws of the State of Nevada and without giving any effect to conflict of laws. You further agree that you irrevocable waive any right to a jury trial that you may have in any such proceeding.