Terms and Conditions of Use
1. Introduction
Welcome to Podverse! These Terms and Conditions ("Terms") govern your access to and use of the Podverse website and services (collectively, the "Platform"). By accessing or using the Platform, you agree to be bound by these Terms. If you do not agree with these Terms, you should not use the Platform. These Terms are a legally binding agreement between you and Audiophile Adventures Inc., located at 789 Harmonic Lane, Suite 22, San Francisco, CA 94107. Our phone number is (415) 555-7654, and our email is [email protected]. We encourage you to read these terms carefully and contact us if you have any questions. We value your engagement with Podverse and strive to provide a safe and enjoyable listening experience for all our users.
2. Acceptable Use
You agree to use the Platform only for lawful purposes and in a manner that does not infringe the rights of, restrict, or inhibit anyone else's use and enjoyment of the Platform. Prohibited behavior includes, but is not limited to:
- Uploading, posting, or transmitting any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.
- Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity.
- Interfering with or disrupting the Platform or servers or networks connected to the Platform, or disobeying any requirements, procedures, policies, or regulations of networks connected to the Platform.
- Attempting to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform.
- Using any robot, spider, scraper, or other automated means to access the Platform for any purpose without our express written permission.
- Violating any applicable local, state, national, or international law or regulation.
Podverse reserves the right to investigate and take appropriate legal action against anyone who violates this Acceptable Use policy, including without limitation, removing the offending content, suspending or terminating the account of such violators, and reporting such violations to law enforcement authorities.
3. Intellectual Property
The Platform and its original content, features, and functionality are owned by Audiophile Adventures Inc. and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You may not modify, reproduce, distribute, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Platform, except as generally and ordinarily permitted through the Platform according to these Terms.
Podcasts available on Podverse are the intellectual property of their respective creators. You are granted a limited, non-exclusive, revocable license to access and listen to podcasts through the Platform for your personal, non-commercial use, subject to these Terms. Unauthorized reproduction, distribution, or commercial use of podcasts is strictly prohibited and may violate copyright laws. If you believe your intellectual property rights have been infringed upon by content available on Podverse, please notify our designated copyright agent at [email protected] with detailed information regarding the alleged infringement.
4. Disclaimers
THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PLATFORM, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Content available on Podverse is for informational and entertainment purposes only and does not constitute professional advice. We do not endorse or guarantee the accuracy, completeness, or reliability of any information provided by podcast creators or other users of the Platform. Your use of the Platform and reliance on any information provided on the Platform is solely at your own risk. Consult with qualified professionals for specific advice tailored to your individual circumstances.
5. Limitations of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AUDIOPHILE ADVENTURES INC. BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PLATFORM; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PLATFORM, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
IN NO EVENT SHALL OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE PLATFORM EXCEED THE AMOUNT YOU PAID US, IF ANY, DURING THE SIX (6) MONTHS PRIOR TO THE CLAIM. THE LIMITATIONS OF THIS SECTION SHALL APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
6. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. You agree to submit to the exclusive jurisdiction of the state and federal courts located in San Francisco, California for the resolution of any disputes arising out of or relating to these Terms or the Platform. Any cause of action you may have with respect to the Platform must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action is permanently barred.
7. Changes to Terms
We reserve the right to modify or revise these Terms at any time, at our sole discretion. If we make material changes to these Terms, we will provide notice of such changes, such as by posting a notice on the Platform or sending you an email. Your continued use of the Platform after the effective date of any modified Terms constitutes your acceptance of those modified Terms. It is your responsibility to review these Terms periodically for any changes. If you do not agree to the modified Terms, you must discontinue your use of the Platform.
8. Termination
We may terminate your access to the Platform, without cause or notice, which may result in the forfeiture and destruction of all information associated with your account. All provisions of these Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
9. Contact Us
If you have any questions about these Terms, please contact us at:
Audiophile Adventures Inc.
789 Harmonic Lane, Suite 22
San Francisco, CA 94107
Email: [email protected]
Phone: (415) 555-7654
Thank you for using Podverse!