Welcome to MyPodcast.com, a state of the art podcasting service (hereinafter referred interchangeably as to as "MyPodcast", "Site" or “MyPodcast Site”). You must carefully read and agree to these terms and conditions before you may access or view our Site. By visiting and/or accessing the MyPodcast Site, you are agreeing to its terms. This Agreement is subject to change at any time, and changes are effective upon posting. Please access this site frequently as it is your responsibility to make yourself aware of any amendments/changes to this original Agreement, which you hereby agree can be made by MyPodcast without notice and in its sole discretion.

1. Eligibility

Membership in the service is void where prohibited. By using and/or viewing this site, you represent and warrant that you have the right, authority, and capacity to enter into this agreement and to abide by all of the terms and conditions of this agreement.

2. Free Subscription Fees/Termination

     

2 (a) MyPodcast is a free site both for usage and subscription, although same may change from time to time upon electronic notice to you. MyPodcast reserves the right to terminate your access to the site for any reason or no reason. MyPodcast may terminate your membership upon sending notice to you at the email address you provide in your application for membership or such other email address as you may later provide to us. If MyPodcast terminates your membership in the MyPodcast service because you have breached this Agreement, you understand, acknowledge, and hereby agree that you will not be entitled to any refund of any unused subscription fees, regardless of the objective merit of you claim. Even after this Agreement is terminated, certain provisions will remain in effect including sections 1, 3, 14, inclusive, of this Agreement.

2(b) ID and Password:
Upon becoming a member of MyPodcast, you will receive a unique ID and password which allows access to the website. The ID and password are, and shall remain, the sole and exclusive property of MyPodcast, but are issued to you in the form of a revocable license. The ID and password are confidential and proprietary material of MyPodcast, and you have a strict obligation to keep the ID and password confidential. Should the confidentiality of either your ID or password, or if either becomes, or you have reason to believe that either may have become, compromised or learned by a person other than you, you must immediately so inform MyPodcast via e-mail. PLEASE REMEMBER YOUR ID and PASSWORD, as MyPodcast can not and will not release that information to anyone, including you, for any reason.

2(c) Accurate Credit Card Information:
Although MyPodcast is a free site, there may be products and services offered in the future that you, at your sole option and discretion, may purchase. You hereby authorized MyPodcast, through one of its payment processors, to bill your credit card for any such product, service, cost or fee in connection with such purchase. Please be advised that in the event you wish to make a purchase, and the address or any other information pertaining to your credit card is changed for any reason, including changes in the home or billing address, changes in the card expiration date, or if your credit card is lost or stolen, you must immediately inform MyPodcast via e-mail. Your failure to notify is a breach of this Agreement, and, in the event of such failure to so notify us, MyPodcast disclaims any and all responsibility for charges posted to a lost or stolen credit card.

2(d) Security Breach:
Your subscription cannot be assigned or transferred to any other person or entity. You must promptly inform MyPodcast of any apparent breaches of security, such as loss, theft, or unauthorized disclosure or use of an ID or password. Until MyPodcast is notified, by conventional mail or by email to of a breach in your account's security, you will remain liable for any unauthorized use of this service.

2(e) No Fraud Concerning Payment:
In the event you wish to pay for services or products provided on this free site, payment for such services and/or products through MyPodcast may be made by automatic credit card or debit card debit and you hereby authorize Paycom.net (or MyPodcast's other authorized billing processor) to transact such payments on your behalf. You agree not to report as lost or stolen any credit card which you have used in conjunction with payment to MyPodcast, or as unauthorized any charge by MyPodcast, for any goods or services for which you do not have good reason to believe is, in fact, lost, stolen or unauthorized.

You hereby agree that any such fraudulent reporting of a lost or stolen credit card used to obtain goods or services provided by MyPodcast, or any fraudulent reporting of an unauthorized charge to MyPodcast on your credit card which has been made by you or anyone under your authority, at a time when a charge or other obligation for payment for goods and/or services to MyPodcast remains outstanding at the time of such fraudulent reporting, you shall be liable to MyPodcast for liquidated damages not to exceed $5,000.00. The liability for liquidated damages specified in this Paragraph shall not limit any other liability you may have for breach(es) of any other terms, conditions, promises and warranties set forth in this Agreement.

3. Proprietary Rights of Content on MyPodcast

MyPodcast owns and retains other proprietary rights in the MyPodcast site and the MyPodcast service. The site contains the copyrighted material, trademarks, and other proprietary information of MyPodcast, and its licensors. Except for that information which is in the public domain or for which you have been given permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.

All content, including images, text, graphics, video and audio content (the "Content") contained in MyPodcast (interchangeably designated as “the Company” throughout this provision) is protected under the laws of copyright, owned or under license to the Company or its designees, and represents proprietary and valuable intellectual property. You cannot, under any circumstances, access, view, download, receive and make use of said Content except as specifically and in writing authorized by MyPodcast. Upon becoming a subscriber/member of the Site, MyPodcast grants you a limited, non-exclusive, non-transferable, revocable license to access and view the graphics, audio files, podcasts, video files, text, hyperlinks, interlinks, search engines and other software associated with authorized subscriber member use of the Content.

You agree that you shall at no time access, view, download, receive or otherwise use, or cause or enable others to access, view, download, receive or otherwise use materials, directly or indirectly in places which the Company does not authorize such access, viewing, downloading, receipt or other use. You hereby acknowledge and agree that no materials from any parts of MyPodcast are authorized, and no materials are intended, by the Company to be accessed, viewed, downloaded or used by, or transmitted, broadcast or otherwise disseminated to any person or entity located in any and all prohibited areas set forth above.

You agree that any and all unauthorized access, viewing, downloading, receipt, duplication or other use of materials from MyPodcast , in which you are directly or indirectly involved, including, but not limited to accessing, viewing, downloading, receiving or other use of materials in prohibited areas as set forth above, in any manner, shall constitute intentional infringement(s) of MyPodcast’s intellectual property rights and other rights (i.e. copyrights, et al.) in such materials and shall further constitute a violation of Company's trademark and other rights, including, but not limited to, rights of privacy.

4. Content Posted on the Site/CDA

A) MyPodcast claims immunity from liability to the fullest extent under the law and as provided under the Communications Decency Act for Content provided by third parties and members and nothing in this agreement is intended to waive, remove, or usurp such immunity. You understand and agree that MyPodcast may delete any content, messages, podcasts, audios or profiles (collectively, "Content") that in the sole judgment MyPodcast violates the Terms of Use or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of MyPodcast and/or its members.

B) You are solely responsible for the content that you disseminate, publish or display (hereinafter, "post") on the MyPodcast, or transmit to other MyPodcast members.

C) By posting content to any public area of MyPodcast, you automatically grant, and you represent and warrant that you have the right to grant, to MyPodcast and its members, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, display, and distribute such information, rights of publicity, and content and to prepare derivative works of, or incorporate into other works and other media, such information and content, and to grant and authorize sublicenses of the foregoing.

D) MyPodcast will investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the site or service and terminating the membership of such violators. The following is a partial list of the kind of content that is illegal or prohibited on the site - it includes content that:

• is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
• harasses or advocates harassment of another person or invades their privacy;
• involves the transmission of "junk mail", "chain letters," or unsolicited commercial e-mail or "spamming";
• promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
• promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
• contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
• discusses and portrays pornographic or sexually explicit material of any kind;
• provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
• provides content that involves cursing, swearing, incest, falsifying gender, violence, necrophilia, impersonating another member, threat of suicide or harm to oneself or others, drug paraphernalia, or bestiality;
• provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
• solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
• sending advertisements;
• and engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.

E) You must use the MyPodcast service in a manner consistent with any and all applicable laws and regulations.

F) You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to bypass or to interfere or attempt to interfere with the proper working of the MyPodcast site.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our site is updated on a real time basis and is proprietary or is licensed to MyPodcast by our users or third parties.

G)You may not engage in advertising to, or solicitation of, other members to buy or sell any products or services through the service. You will not transmit any chain podcasts or junk podcasts to other MyPodcast members. Although MyPodcast cannot fully monitor the conduct of all its members, it is also a violation of these rules to use any information obtained from the service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any member without their prior explicit consent.

5. Copyright Policy/DMCA Notice

You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights or otherwise have a valid basis under the law, including "fair use". Without limiting the foregoing, if you believe that your work has been copied, transmitted and/or posted on the MyPodcast service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information consistent with the Digital Millennium Copyright Act (DMCA):

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• a description of the copyrighted work that you claim has been infringed;
• a description of where the material that you claim is infringing is located on the our site including the URLs of web pages and/or hyperlinks;
• your address, telephone number, and email address;
• a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

MyPodcast 's Copyright Agent for Notice of claims of copyright infringement can be reached as follows:

Attn: General Counsel, MyPodcast.com
c/o Beano Publishing
6191 Orange Drive
Suite 6177
Davie, FL 33314

It is the intention of MyPodcast to fully comply with the DMCA, including the Notice and "take down" provisions and to benefit from the safe harbors immunizing it from liability to the fullest extent provided by law, and to the extent the Notice and "take down" requirements above deviate from the requirements under the DMCA then the Notice requirements as provided by the DMCA shall control and are herein incorporated by reference.

6. Member Disputes

MyPodcast does not solicit or control the information provided by other users that is made available through our system. You may find other user's information to be offensive, harmful, inaccurate and/or deceptive. If so, please request a profile review using the link provided on the member’s profile page or at various other places throughout the website. Please also use caution, common sense, and safety when using our site. You are solely responsible for your interactions with other MyPodcast members. Because it is not involved in member interactions, in the event that you have a dispute with one or more members or those who have posted, viewed and/or used information on the MyPodcast site, you hereby release and fully indemnify MyPodcast, including its officers, directors, agents, subsidiaries and employees, from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

If you are a California resident, you hereby waive California Civil Code § 1542, which provides, in pertinent part, that "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

MyPodcast reserves the right, but has no legal obligation pursuant to this Agreement, to monitor disputes between you and other members.

7. Privacy

Use of the MyPodcast site and/or its service is governed by our Privacy Policy, which may change from time to time upon electronic notice to you.

8. Disclaimers

MyPodcast, including its officers, directors, agents, subsidiaries and employees is not responsible for any incorrect or inaccurate content posted on the site or in connection with the MyPodcast service, whether caused by users, members or by any of the equipment or programming associated with or utilized in the service, nor for the conduct of any user and/or member of the MyPodcast service whether online or offline.

MyPodcast assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user and/or member communications.

MyPodcast is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line-systems, servers or providers, computer equipment, audio equipment, software, failure of podcasts, technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to users and/or members or to any other person's computer related to or resulting from participating or downloading materials in connection with the MyPodcast site and/or in connection with the MyPodcast service.

Under no circumstances shall MyPodcast be responsible for any loss or damage resulting from anyone's use of the site or the service and/or any content posted on the MyPodcast site or transmitted to MyPodcast members.

The site and the service are provided "AS-IS" and MyPodcast expressly disclaims any expressed or implied warranties, including warranty of fitness for a particular purpose or non-infringement. MyPodcast cannot guarantee and does not promise any specific results from use of the site and/or the MyPodcast service, and you hereby agree to fully release MyPodcast from all of the foregoing.

9. Limitation on Liability

Except in jurisdictions where such provisions are restricted (and in that event liability is disclaimed to the fullest extent permitted by law), in no event will MyPodcast be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the site or the MyPodcast service, even if MyPodcast has been advised of the possibility of such damages.

You further agree to hold MyPodcast, including its officers, directors, owners, agents, subsidiaries, employees and affiliated businesses harmless from claims arising in the event that another user’s profile ultimately proves to be offensive, harmful, inaccurate and/or deceptive. Notwithstanding anything to the contrary contained herein, you hereby agree pursuant to this Agreement that MyPodcast's maximum liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to MyPodcast for the service during the term of membership.

You also agree that you have hereby read and understood all the limitations of liability of MyPodcast, and you agree to all such terms, and still wish to become a member.

You also understand and agree that MyPodcast would never have allowed you to become a member of this site if you did not read, understand, and agree to waive any and all claims, causes of action, lawsuits and actions to the full extent provided by law against MyPodcast, it being understood that such provision provided a material inducement by MyPodcast in authorizing your membership in the site.

10. U.S. Export Controls

Software from this site is further subject to United States export controls. No software from this site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

11. Emails

By registering as a member of this Site you agree to accept from time to time such emails as members of MyPodcast or MyPodcast itself shall send to the designated email address unless you specifically request otherwise by modifying your membership preferences.

You must also read and agree to our Privacy Statement. You acknowledge that (a) we cannot ensure the security or privacy of information you provide through the Internet and your email messages, and you release us from any and all liability in connection with the use of such information by other parties; (b) we are not responsible for, and cannot control, the use by others of any information which you provide to them and you should use caution in selecting the personal information you provide to others through the Service; and (c) we cannot assume any responsibility for the content of messages sent by other users of the Service, and you release us from any and all liability in connection with the contents of any communications you may receive from other users.

We cannot guarantee, and assume no responsibility for verifying the accuracy of the information provided by other users of the Service.

12. Arbitration of Disputes

Any and all disputes arising out of or related to these Terms of Use and/or your relationship with MyPodcast and/or your use of this site shall be submitted to binding arbitration according to the rules of the American Arbitration Association. The parties to the arbitration shall evenly divide any and all costs of the arbitration. The prevailing party shall be entitled to attorney fees.

All parties submit to exclusive jurisdiction of Broward County, Florida, and the venue shall be exclusively in Broward County, Florida.

13. Indemnity

You agree to indemnify and hold MyPodcast, its subsidiaries, affiliates, officers, owners, directors, agents, partners, employees and affiliated companies harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the service in violation of this Agreement and/or arising from a breach of these Terms of Use and/or any breach of your representations and warranties set forth in this Agreement.

14. Notices/Other

Any notices required under this Agreement shall be provided to MyPodcast as follows: by e-mail, conventional mail or telephone. All questions, complaints, or notices to MyPodcast.com may be sent in the following manner: by means of electronic mail only Attn: Customer Service at the follow email address: support@mypodcast.com.

15. Entire Agreement.

This Agreement contains the entire agreement between you (i.e. the Subscriber and/or Member) and MyPodcast regarding your use of this service, content and all materials directly and indirectly related thereto. This Agreement supersedes all prior written and oral understandings, writings, and representations and may only be amended upon notice by MyPodcast. This Agreement shall be governed by and construed under the laws of Florida. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. Unless otherwise explicitly stated, the provisions of this Agreement shall survive its termination.

YOU HEREBY AFFIRM THAT YOU HAVE READ THIS ENTIRE AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS BY CLICKING WHERE INDICATED BELOW. BY SELECTING THE "SUBSCRIBE" BUTTON YOU INDICATE THAT YOU HAVE READ THIS MEMBERSHIP AGREEMENT IN ITS ENTIRETY, UNDERSTAND ITS TERMS AND CONSENT TO ALL THE TERMS AND CONDITIONS SET FORTH IN THE MEMBERSHIP AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT OR ARE IN AN UNAUTHORIZED DOWNLOADING LOCATION, YOU ARE PROHIBITED FROM JOINING OUR SITE.

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