Last revised: January 15, 2021
PODTV (“PODTV,”“we” or “us”) maintains this site providing a selection of shows, webisodes, clips, and other online video content (collectively the “Content”) for your personal entertainment, information, education and communication. The ownership of all Content is retained by PODTV or its owner. Except for use within the PODTV Player (defined below), you may not (i) modify the information or materials located on this website in any way or reproduce or publicly display, perform, or distribute or otherwise use any such materials for any public or commercial purpose or (ii) remove, obscure or otherwise deface proprietary notices appearing on any Content, including copyright, trademark and other intellectual property notices.
2) Permitted Users:
Although we hope not to, PODTV, in its sole discretion, may modify, suspend or terminate some or all of the website and/or Content with respect to any or all users, for any reason, at any time, without notice. Termination, suspension, or cancellation of this Agreement or your access to this website shall not affect any right or relief to which PODTV may be entitled, at law or in equity. Upon termination of these Terms, all uses authorized by PODTV will automatically terminate and immediately revert to PODTV and its licensors.
4) Permitted Uses:
PODTV grants to you a non-exclusive limited license to use this website and the Content contained herein for your personal, non-commercial use, in compliance with these Terms. This website, the Content, and other materials including but not limited to text, graphics, audio, animation, videos, logos, icons, images, media, data, charts, maps, software and other information, are the sole and exclusive property of PODTV . Such material is protected by copyright, trademark and other applicable laws. In addition to viewing the Content on the PODTV website, PODTV provides an embeddable player feature (the “PODTV Player”), which you may incorporate, unaltered, into other websites where users or website operators are permitted to embed the PODTV Player. You may not otherwise modify, copy, reproduce, republish, post, transmit, publicly display, prepare derivative works based on, or distribute in any way any material from this website, including but not limited to text, audio, video, code and software unless authorized by PODTV in writing. You may not modify, copy, reproduce, republish, upload, post, transmit, publicly display, prepare derivative works based on, or distribute in any way any material from this website, including but not limited to text, audio, video, code and software unless authorized by PODTV in writing. PODTV neither warrants nor represents that your use of materials displayed on this website will not infringe rights of third parties not owned by or affiliated with PODTV . Certain trademarks, trade names, service marks and logos used or displayed on this website are registered and unregistered trademarks, trade names and service marks of PODTV and its parent, affiliates, or other related parties. Other trademarks, trade names and service marks used or displayed on this website are the registered and unregistered trademarks, trade names and service marks of their respective owners. Nothing contained on this website grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this website without the written permission of PODTV or such third-party owner.
5) Unsolicited Submissions:
We are pleased to hear from our users and welcome your comments regarding our Content. While we do value your feedback on our Content, we request that you be specific in your comments and not submit any creative ideas, suggestions or materials. It is PODTV ’s policy not to accept or consider unsolicited submissions through the website, including but not limited to ideas, story lines, scripts, concepts, suggestions, or any other creative materials. This is to avoid the possibility of future misunderstandings when projects developed by PODTV ‘s staff might seem to others to be similar to their own creative ideas, suggestions or materials. If you do send us any creative materials, including creative suggestions, ideas, notes, drawings, concepts or other information or if you transmit to the website by electronic mail or otherwise, communications including any data, questions, comments, suggestions, or the like (collectively, the “Information”), the Information shall be deemed, and shall remain, the property of PODTV . None of the Information shall be subject to any obligation of confidence on the part of PODTV . Further, PODTV shall not be liable for any use or disclosure of any Information. PODTV shall exclusively own any now known or hereafter existing rights to the Information of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Information for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Information.
If you believe that any Content or other material on our website infringes upon your copyright, PODTV has procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Digital Millennium Copyright Act (“DMCA”). All claims of infringement or defamation must be submitted to PODTV in a written complaint that complies with the requirements below and delivered to our designated agent to receive notification of claimed infringement by mail:
To be effective, the notification must be in writing and contain the following information: (i) A physical or electronic signature of a person authorized to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or (2) the person defamed; (ii) A description of the copyrighted work claimed to have been infringed; (iii) A description of where the material you claim is infringing is located, reasonably sufficient as to enable us to identify and locate the potentially infringing material; (iv) Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and/ or e-mail address; (v) A statement that you have a good faith belief that use of the material, in the manner complained, of is not authorized by the copyright or other proprietary right owner, its agent, or the law; (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed or on behalf of the person defamed.
7) Links to Third Party Sites:
Your use of this website may also be subject to additional or different terms or conditions imposed by third party content providers in connection with third party content, products or services accessible through this website. PODTV does not verify, operate, control, or otherwise endorse third party sites where we provide external hyperlinks to such websites or destinations. PODTV will not warn you that you have left the PODTV website and are thus subject to the terms and conditions of a third party’s website. PODTV is not responsible for the content or practices of any website or destination other than the PODTV website. By using the PODTV website, you acknowledge and agree that PODTV is not responsible or liable to you for any content or other materials hosted and served from any website or destination other than the PODTV website. We take no responsibility for advertisements or any third party material posted on the PODTV website, nor do we take any responsibility for the products or services provided by advertisers.
8) User Comments/Message Boards/Bulletin Boards:
PODTV provides users the ability to comment on the Content via the user comments feature. You agree, through your use of the user comments feature, that you will not post any material which is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, threatening, invasive of a person’s privacy, or otherwise violative of any law. You agree, through your use of the user comments feature, not to post any copyrighted material unless the copyright is owned by you. You are also prohibited from impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity. Furthermore, while we advise that you do not provide any personal information when using the user comments feature, you should be careful if you decide to post personally identifiable information, such as your email address, telephone number, or street address. You agree, through your use of the user comments feature, not to post advertising of any kind whether you are a private party or company. The only exceptions to this policy are granted for current PODTV advertisers. PODTV takes no responsibility and assumes no liability for any comments that you or any other user or third party posts. You are solely responsible for your comments and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your comments. You understand and agree that in reading user comments, you may be exposed to comments or material that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that PODTV shall not be liable for any damages you allege to have incurred as a result of the user comments feature or any other feature of this website. PODTV also reserves the right to reveal your identity (or whatever information we know about you) in the event of a legal complaint or action arising from any message posted by you.
9) Disclaimer of Warranties, Limitation of Liabilities:
Your use and browsing of the website is at your risk. If you are dissatisfied with any of the materials contained in the website, or with any of these Terms, your sole and exclusive remedy is to discontinue accessing and using the website. WHILE WE USE REASONABLE EFFORTS TO PROVIDE YOU WITH THE BEST EXPERIENCE POSSIBLE, THIS WEBSITE, CONTENT AND ANY OTHER MATERIALS CONTAINED HEREIN ARE PROVIDED TO YOU “AS IS,” AND YOU AGREE THAT THE USE OF THE PODTV WEBSITE IS AT YOUR OWN RISK.TO THE FULLEST EXTENT PERMITTED BY LAW, PODTV DOES NOT PROVIDE ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING. PODTV DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN SUCH MATERIALS AND PRODUCTS, OR IN THE SITE, WILL BE UNINTERRUPTED OR ERROR-FREE, WILL BE AVAILABLE FOR USE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, INCLUDING THE STORAGE SERVICES AND THEIR CONTENTS, OR THE SERVER THAT MAKES THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PODTV, ITS AFFILIATES, SUCCESSORS AND ASSIGNS, DISCLAIM ALL LIABILITY WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE OR WITH THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITE, PODTV ’S REMOVAL OR DELETION OF ANY MATERIALS OR RECORDS SUBMITTED OR POSTED ON ITS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, EVEN IF PODTV, ITS AFFILIATES, SUCCESSORS AND/OR ASSIGNS HAVE BEEN ADVISED ABOUT THE POSSIBILITY OF DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT PODTV, ITS AFFILIATES, SUCCESSORS AND ASSIGNS SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE.
You agree to indemnify, defend and hold PODTV and its, affiliates, successors and assigns and their respective officers, directors, owners, employees, agents, information providers and licensors harmless from and against any and all claims, liability, losses, actions, suits, costs and expenses (including attorneys’ fees) arising out of or incurred by any breach by you of these Terms. PODTV reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with PODTV ’s defense of such claim.
11) Special Notice for California Users:
Under California Civil Code Section 1789.3, California Site users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834 or by telephone at (800)-952-5210 or (916)-574-7950.
12) Export Control:
Software and the transmission of technical data, where applicable, are subject to export controls. PODTV makes no representation that the materials in the Site are appropriate or available for use in other locations and other countries. By accessing this website from the United States, other locations or other countries, you agree that you are doing so on your own initiative and are responsible for compliance with local laws in that territory, if and to the extent that local laws are applicable.
This agreement shall be governed by, construed and enforced in accordance with the laws of the State of New York without giving effect to principles of conflicts of law. Any action you, any third party or PODTV bring to enforce this agreement or, in connection with, any matters related to this website shall be brought only in either the State or Federal Courts located in New York County of the State of New York and you expressly consent to the jurisdiction of said courts. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This agreement and any Additional Terms posted on the website constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. IF YOU DO NOT AGREE TO THE FOREGOING TERMS AND CONDITIONS OR ARE NOT AUTHORIZED TO ENTER INTO THESE TERMS AND CONDITIONS, PLEASE EXIT THE WEBSITE.