Podfly Productions, LLC.
www.podfly.net WEBSITE TERMS OF USE
Last Modified: September 3, 2013
Acceptance of the Terms of Use
Welcome to the website of PODFLY PRODUCTIONS, LLC ("Company", "we" or "us"). The following terms and conditions [together with any documents they expressly incorporate by reference] (collectively, these "Terms of Use"), govern access by Customer (or “Customer”) to and use of podfly.net, including any content, functionality and services offered on or through podfly.net (the "Website"), whether as a guest or a registered user.
Please read the Terms of Use carefully before Customer start to use the Website. By using the Website [or by clicking to accept or agree to the Terms of Use when this option is made available to Customer], Customer accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at http://www.podfly.net, incorporated herein by reference. If Customer does not want to agree to these Terms of Use or the Privacy Policy, Customer must not access or use the Website.
This Website is offered and available to users who [are [13/18] years of age or older. By using this Website, Customer represents and warrants that Customer is of legal age to form a binding contract with the Company. If Customer does not meet all of these requirements, Customer must not access or use the Website.
Changes to the Terms of Use
We may revise and update these Terms of Use from time to time at our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter.
Customer’s continued use of the Website following the posting of revised Terms of Use means that Customer accept and agree to the changes. Customer are expected to check this page from time to time so Customer are aware of any changes, as they are binding on Customer.
Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
Customer is responsible for:
To access the Website or some of the resources it offers, Customer may be asked to provide certain registration details or other information. It is a condition of Customer’s use of the Website that all the information Customer provide on the Website is correct, current and complete. Customer agree that all information Customer provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy www.podfly.net/privacy-policy/, and Customer consent to all actions we take with respect to Customer’s information consistent with our Privacy Policy.
If Customer chooses, or is provided with, a user name, password or any other piece of information as part of our security procedures, Customer must treat such information as confidential, and Customer must not disclose it to any other person or entity. Customer also acknowledge that Customer’s account is personal to Customer and agree not to provide any other person with access to this Website or portions of it using Customer’s user name, password or other security information. Customer agrees to notify us immediately of any unauthorized access to or use of Customer’s user name or password or any other breach of security. Customer also agrees to ensure that Customer exit from Customer’s account at the end of each session. Customer should use particular caution when accessing Customer’s account from a public or shared computer so that others are not able to view or record Customer’s password or other personal information.
We have the right to disable any user name, password or other identifier, whether chosen by Customer or provided by us, at any time in our sole discretion if, in our opinion, Customer have violated any provision of these Terms of Use.
Company Communication
Company utilizes email as a vital and primary communication channel with customers. As a registered user, Customer hereby acknowledges and grants Company permission to communicate with customer via email (as well as other communication channels such as phone and fax) for any purpose Company determines to be relevant including, but not limited to, system messages, product updates, service announcements and other marketing messages. Company will use best efforts to honor Customer's request to opt out of marketing messages, but under no circumstances will Company have any liability for sending any email to its registered users/customers. Company assures customer that under no circumstances will it knowingly share personal and/or email information with any third party.
Customer Privileges
Customer privileges are granted by Company to individuals exclusively and are granted specifically to the registered member only. Individual user rights cannot be assigned, sublicensed, distributed, shared, viewed, accessed, or otherwise transferred to anyone without the express written permission of Company. Company requires that each registered user maintain a valid email address or Member ID and a password, which shall be utilized for logging on to the Podfly Productions system. Customers are not permitted to share their individual logon information with others. Company has the right to refuse service to any member that refuses to abide by the terms and conditions herein or abuses their rights related to the Podfly Productions service.
Submission and Administration of Listings
Each listing purchased by Customer on Podfly Productions is permitted for one business for sale opportunity/entity, and may not be changed or edited in an attempt to sell a different business entity. The Company will, in its sole discretion, terminate the accounts of, and refuse service to, any Customer who repeatedly or knowingly violates this Agreement. Additionally, the Customer agrees to allow the Listing, or any part of it, to be searched, displayed, accessed, downloaded, copied, and otherwise referred to by users of the Customer's website or the Podfly Productions website. The Company shall have the sole authority to choose the manner in which any Business will be searched, displayed, accessed, downloaded, copied, and otherwise used on the Podfly Productions website and Company shall have the right to modify the business listing in the exercise of its rights under this Agreement.
Customer:
(a) represents and warrants that all Businesses and associated information provided by Customer will be accurate;
(b) agrees that Customer will not permit the posting of a business on Podfly Productions system under a name other than the named licensed business agents that have been engaged by the business owner to market the business under the terms of a duly executed listing agreement with the owner;
(c) agrees to administer the Listings provided by Customer and maintain their accuracy at all times.
Company reserves, in a manner consistent with reasonable commercial business practices, the right to remove all or any part of the Listings posted on the Podfly Productions website. Company accepts no responsibility for checking the accuracy of reports or data files submitted by Customer.
While Company shall take all reasonable efforts for data backup and business resumption, Customer will be solely responsible for retaining back-up copies of all information, photographs and other materials it provides to Podfly Productions.
Intellectual Property Rights
The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
These Terms of Use permit Customer to use the Website for Customer’s personal, non-commercial use only. Customer must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:
social media features with certain content, Customer make take such actions as are enabled by such features.
Customer must not:
Customer must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
If Customer prints, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, Customer’s right to use the Website will cease immediately and Customer must, at our option, return or destroy any copies of the materials Customer have made. No right, title or interest in or to the Website or any content on the site is transferred to Customer, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.
Trademarks
The Company name, the terms Podfly Productions, Podfly, and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. Customer must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
Prohibited Uses
All information obtained from the Service, including business listings, business broker directory, valuation reports, and any other information otherwise made available to Customer in the Service (individually and collectively, the "Content") is proprietary to Company and its licensors, and is protected by copyright and other U.S. and international intellectual property rights, laws and treaties. Customer agrees that Content reserved for members will be treated as proprietary, maintained as confidential and shall be protected as a trade secret of Company. Company does not ensure the accuracy of, endorse or recommend any Content and Customer uses such Content at the Customer's own risk.
Customer may use the Website only for lawful purposes and in accordance with these Terms of Use. Customer agrees not to use the Website:
Additionally, Customer agrees not to:
User Contributions
The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Website.
All User Contributions must comply with the Content Standards set out in these Terms of Use.
Any User Contribution Customer post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, Customer grant us and [our affiliates and service providers, and each of their and] our [respective] licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material [for any purpose/according to Customer’s account settings].
Customer represents and warrants that:
Customer understand and acknowledge that Customer are responsible for any User Contributions Customer submit or contribute, and Customer, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.
We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by Customer or any other user of the Website.
Monitoring and Enforcement; Termination
We have the right to:
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. CUSTOMER WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY/ANY OF THE FOREGOING PARTIES]DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we cannot/do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Content Standards
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
http://www.podfly.net/privacy-policy.
Copyright Infringement
If Customer believes that any User Contributions violate Customer’s copyright, please see our Copyright Policy for instructions on sending us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers.
Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance Customer place on such information is strictly at Customer’s own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by Customer or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website [may include/includes] content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to Customer or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to the Website
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
Information About Customer and Customer’s Visits to the Website
All information we collect on this Website is subject to our Privacy Policy http://www.podfly.net/privacy-policy By using the Website, Customer consent to all actions taken by us with respect to Customer’s information in compliance with the Privacy Policy.
Linking to the Website and Social Media Features
Customer may link to our homepage, provided Customer do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but Customer must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part[ without our express [written] consent.
This Website may provide certain social media features that enable Customer to:
Customer may use these features solely as they are provided by us solely with respect to the content they are displayed. Subject to the foregoing, Customer must not:
[The website from which Customer are linking, or on which Customer make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use].
Customer agrees to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for Customer’s convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from Customer’s use of them. If Customer decide to access any of the third party websites linked to this Website, Customer do so entirely at Customer’s own risk and subject to the terms and conditions of use for such websites.
Disclaimer of Warranties
Customer understands that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. Customer is responsible for implementing sufficient procedures and checkpoints to satisfy Customer’s particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT CUSTOMER’S COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO CUSTOMER’S USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO CUSTOMER’S DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
CUSTOMER’S USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT CUSTOMER’S OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET CUSTOMER’S NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH CUSTOMER’S USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
Customer agrees to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to Customer’s violation of these Terms of Use or Customer’s use of the Website, including, but not limited to, Customer’s User Contributions, any use of the Website's content, services and products other than as expressly authorized in these Terms of Use or Customer’s use of any information obtained from the Website.
Governing Law and Jurisdiction
All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Alabama without giving effect to any choice or conflict of law provision or rule (whether of the State of Alabama or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Alabama [although we retain the right to bring any suit, action or proceeding against Customer for breach of these Terms of Use in Customer’s country of residence or any other relevant country]. Customer waives any and all objections to the exercise of jurisdiction over Customer by such courts and to venue in such courts.
Waiver and Severability
No waiver of by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
Entire Agreement
The Terms of Use our Privacy Policy constitute the sole and entire agreement between Customer and PODFLY PRODUCTIONS, LLC, with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.
Customer’s Comments and Concerns
This website is operated by PODFLY PRODUCTIONS, LLC.
All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy [in the manner and by the means set forth therein.
All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: info@podfly.net.
Thank you for visiting Podfly.net.