PodcastEZ™ Terms of Service

THE AGREEMENT

Welcome to Podcastez LLC.com. This document explains your rights and obligations while engaging in any activity on the Podcastez LLC.com website, or on its web pages, or any of its communities (collectively, the "Website") operated by Podcastez LLC (“PodcastEZ LLC”, “company”, “us”, “we”, or “our”). These Terms, including any and all documents, websites, rules, and policies referenced herein (collectively, the "Terms"), including but not limited to the Privacy Policy, constitutes the entire agreement between us and you with respect to the matters referred to herein and supersedes all prior and contemporaneous agreements and understandings, whether electronic, oral or written, between us and you with respect to such matters. The Website is offered to you conditional on your acceptance without modification of the terms. 

By using the Website, you signify that you, the User, have read and understand our Terms. You represent and warrant that you possess the legal right, capacity and ability to agree to these Terms and use the Website in accordance with them. If you are an individual, or if you are using the Website on behalf of a corporation or other organization, you represent and warrant that you can agree to the Terms & Conditions on behalf of such organization and all references to “you” throughout this Terms will include such organization, jointly and severally with you personally. Your use of the Website constitutes your agreement to all such Terms and Conditions.  Please read these terms carefully and keep a copy of them for your reference. You agree that by registering on PodcastEZ LLC, or by using our website, you are entering into a legally binding agreement with PodcastEZ LLC, 9116 E Sprague Ave #1031, Spokane Valley, WA  99206.

While we have endeavored to keep this as short and simple to understand as possible, please read it carefully because you are bound by its content when using the Website and it contains important information regarding your legal rights, remedies and obligations. These include, but are not limited to, various limitations and exclusions, and indemnities.

Changes to Terms 

Podcastez LLC reserves the right, in its sole discretion, to change the Terms under which our Website is offered. The most current version of the Terms will supersede all previous versions. Podcastez LLC encourages you to periodically review the Terms to stay informed of our updates.   

Revisions—From time to time, we change our content, products and services which may require us to update our Terms & Conditions accordingly. Your continued use of the website following the publishing of any changes to this Terms & Conditions means you accept such changes. This policy was last updated on 1 August, 2022.

Disclaimer of Liabilities, Warranties and Assumption of Risk

Podcastez LLC is a podcast agency for brands of all sizes. 

The Website contains a lot of information and content. Some of it we created ourselves, some of it is created by third parties and guest contributors. While we make every reasonable effort to ensure accuracy of our information and content prior to posting publicly, we cannot guarantee full accuracy of third-party contributors or visitor-contributions, and you acknowledge and agree that:

  1. all use of the website provided by us is at your own risk;
  2. the website may contain links to other websites, which are provided solely as a convenience to you and the inclusion of any such link does not imply endorsement, investigation or verification by us of such websites or the information contained therein; and,
  3. the website provided under these terms and conditions is provided on an “as is” and “as available” basis.

Your use of the Podcastez LLC platform, any products or services offered through the Podcastez LLC platform, third-party software, and content (including third-party content), are at your sole responsibility and risk. The information, software, products, and services included in or available through the site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Podcastez LLC and/or its suppliers may make improvements and/or changes in the site at any time.   

Podcastez LLC and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained on the site for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services, tax services and related graphics are provided "as is,” “with all faults,” and without warranty or condition of any kind. Podcastez LLC and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement. 

Any material downloaded or otherwise obtained through the use of the Podcastez LLC platform is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.

No advice or information, whether oral or written, obtained by you from Podcastez LLC or its successors, affiliates, contractors, employees, suppliers, licensors, partners or agents, or through or from the Podcastez LLC platform (including through customer support) shall create any warranty not expressly stated in the terms. We make no conditions, warranties or representations about the suitability, reliability, usability, security, quality, capacity, performance, availability, timeliness or accuracy of the website or any other products supplied under these terms and conditions. We expressly disclaim all conditions, warranties and representations, express, implied or statutory, including implied conditions or warranties of merchantability, fitness for a particular purpose, durability, title and non-infringement, whether arising by usage of trade, by course of dealing, by course of performance, at law, in equity, by statute or otherwise howsoever.

Notwithstanding any other provision of our Terms, to the furthest extent permissible by law, in no event will we, our affiliates, or our controlling parties, agents, employees, suppliers, resellers and distributors (collectively, in these capitalized sections, “we” or “us”) be liable for any direct, indirect, punitive, incidental, special, consequential damages, losses, costs or other expenses or any damages, losses, costs or other expenses whatsoever including, without limitation, damages, losses, costs or other expenses for loss of use, data or profits, arising out of or in any way connected with the use or performance of the site, with the delay or inability to use the site or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the site, or otherwise arising out of the use of the site, whether based on contract, tort, negligence, strict liability or otherwise, even if Podcastez LLC or any of its suppliers has been advised of the possibility of damages, losses, costs or other expenses. 

Some jurisdictions prohibit the disclaimer of certain warranties or conditions or the limitation of certain types of liability. In such circumstances, to the extent that such prohibitions prohibit any exclusions and limitations in these terms and conditions, such exclusions and limitations will not apply to you strictly to the extent necessary to make these terms and conditions consistent with such prohibitions. If you are dissatisfied with any portion of the site, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the site.

PodcastEZ reserves the right to modify, suspend, or discontinue the Service at any time for any reason with or without notice AND PodcastEZ shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

PRIVACY

You acknowledge that you have read the Privacy Policy located on the Website at https://PodcastEZ LLC.com/legal/privacy-policy (herein the “Privacy Policy”), as it may be updated from time to time, and also governs the Website and informs users of our data collection practices. You hereby consent to the collection, use and disclosure by us of your personal information (whether previously collected or to be collected) for the purposes identified therein. You also consent to our use of such personal information in accordance with the Privacy Policy, which is incorporated herein by reference, and forms an integral part of these Terms.

Third-party Accounts 

You will be able to connect your Podcastez LLC account to third-party accounts, including but not limited to social media networks. By connecting your Podcastez LLC account to your third-party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third-party sites). If you do not want information about you to be shared in this manner, do not use this feature.   

INTERNATIONAL USERS 

The Service is controlled, operated and administered by Podcastez LLC from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Podcastez LLC Content accessed through our Website in any country or in any manner prohibited by any applicable laws, restrictions or regulations. 

PROPRIETARY RIGHTS

Content—means all materials and content, including designs, editorial, text, graphics, audiovisual materials, multimedia elements, photographs, videos, music, sound recordings, reports, documents, software, information, formulae, patterns, data and any other work.

Our Content—Except where expressly stated otherwise, all right, title and interest in and to the Website and all Content, source code, processes, designs, technologies, URLs, domain names, marks and logos forming any part of the Website (collectively, “Our Content”) is fully vested in us, our licensors or our suppliers and are protected by applicable copyrights, trademarks, patents, trade secrets or other proprietary rights and laws. You agree that Our Content is licensed subject to the terms of these Terms and Conditions, including the disclaimers and limitations of liability herein. Nothing in your use of the Website or these Terms and Conditions grants you any right, title or interest in or to Our Content except the limited right to use the Website as set out in these Terms and Conditions. Unless otherwise expressly authorized by us in writing, you agree not to,

  1. copy, modify, deep link, rent, lease, loan, sell, assign, sublicense, grant a security interest in or otherwise transfer any right or interest in Our Content
  2. distribute, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover the source code, of Our Content, to the maximum extent that such prohibition is permitted by applicable law
  3. remove any proprietary notices or labels on or in Our Content, or
  4. allow any other person or entity to engage in any of the foregoing.

Your Content—We do not claim ownership of any Content that you post, upload, input, provide, submit or otherwise transmit to us, or any third party, using the Website (collectively, “Your Content”); however, you agree that by posting, uploading, inputting, providing, submitting, entering or otherwise transmitting your Content to us or any third party using the Website:

  1. License to Us—you have thereby granted us a royalty-free, non-exclusive, worldwide, fully paid-up limited license to use, copy, distribute, transmit, display, edit, delete, publish and translate Your Content to the extent reasonably required by us to provide the Website to our customers or to ensure adherence to or enforce the terms of these Terms and Conditions,
  2. Your Warranty to Us—you will have thereby confirmed, represented and warranted to us that you have all rights, titles and interests, as well as the power and authority necessary, to grant the license to Your Content set out above, and
  3. Your Indemnity of Us—you will indemnify and save us harmless from and against any liabilities, actions, proceedings, claims, causes of action, demands, debts, losses, damages, charges and costs, including reasonable legal costs, any amount paid to settle any action or to satisfy a judgment and expenses of any kind and character whatsoever incurred by us relating to or arising from Your Content, including instances where the Your Content
    1. infringes any Third-Party Content or other third-party intellectual property rights, or
    2. is inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful.

THIRD-PARTY CONTENT AND WEBSITES

Third-Party Content—accessed or available through the Website or the Internet may be owned by other parties, identifiably not you or us and may be protected by applicable copyrights, trademarks, patents, trade secrets or other proprietary rights and laws. Nothing in your use of the Website or these Terms grants you any right, title or interest in or to this Third-Party Content except for the limited right to use the Website as set out in these Terms. 

The Website may contain links to third-party content on other websites (collectively in this subsection, the “content”) operated by parties other than you or us (collectively in this subsection, the “Third-Party”, “they”, “their”, or “them”). This third-party content is not under the control of Podcastez LLC and we are not responsible for any content on third-party websites, including without limitation any URL link contained on them, or any changes or updates they make. Their content may be made available on our Website by us, a third-party contributor, or a visitor-contribution only as a convenience. The inclusion of any of their content does not imply endorsement by Podcastez LLC and we are under no obligation to verify the accuracy of their contents, and we do not endorse, warrant, promote or recommend any services or products that may be offered by or accessed through such content or the operators of them.   

Certain services made available on the Websites are delivered by third-party sites and organizations. By using any product, service or functionality originating from our domain, you hereby acknowledge and consent that Podcastez LLC may share such information and data with any third-party with whom Podcastez LLC has a contractual relationship to provide the requested product, service or functionality on behalf of our users and customers.

RIGHT TO MONITOR APPROPRIATE USE OF OUR WEBSITE

Podcastez LLC has the right to investigate and take actions against complaints or violations regarding the appropriate nature of content contained on the Website.  We have the right, but not the obligation, to review, screen or edit any User Contribution.  Actions may include, but are not limited to: a) removal of or refusal to post any User Contributions for any reason; (b) take any action with respect to User Contributions that we deem necessary or appropriate; (c) disclose your identity or other information about you to any third-party who in our opinion reasonably claims that material posted by you infringes their rights, including their intellectual property rights or their right to privacy; (d) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website; (e) terminate or suspend your subscription and access to all or part of the Website.

Law Enforcement—Podcastez LLC has the right to fully cooperate with law enforcement authorities requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. We do not review material before it is posted on the Website and cannot ensure prompt removal of objectionable material after it has been posted. 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. 

AVAILABILITY OF AND ACCESS TO SERVICES

Podcastez LLC will make every effort to provide continuous availability and access to Services. In the event that we are unable to provide access for reasons beyond our control, we will communicate the reasons for the outage and expected duration of the outage clearly and explicitly to our subscribed users.  These outages could be due to third parties that the Service depends on, such as, but not limited to Amazon AWS or other third-party service providers.  Also, while we will make commercially reasonable attempts to backup all Customer data, in the event of recovery from disaster, the Customer may have to reconfigure the Service to get it back to the state it was in before the outage.  Podcastez LLC and its third-party service providers have implemented and maintain commercially reasonable technical and organizational security measures designed to meet the following objectives: (a) ensure the security and confidentiality of Customer data in PodcastEZ LLC’s and/or its third-party service provider’s custody and control; (b) protect against anticipated threats or hazards to the security or integrity of Customer data; (c) protect against unauthorized access to or use of Customer data; (d) encrypt Customer’s Content and data during transmission by Podcastez LLC and its third-party service providers and when being uploaded by Customer for use in connection with the Services using an https connection; and ensure that PodcastEZ LLC’s return or disposal of Customer data is performed in a manner consistent with the foregoing.  However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures to access your date for improper purposes.  You acknowledge that there are risks inherent in Internet connectivity that could result in the loss of your privacy, confidential information and property.

PODCASTEZ LLC ALL RIGHTS RESERVED

Podcastez LLC retains the right over all content, products, and services published on its site. This shall include control over design, functionality, appearance and all aspects related to its site and/or services contained therein.  Podcastez LLC also retains the right to refuse to list, or suspend listing, of any product or service in its sole discretion.  

INDEMNIFICATION & WARRANTIES

You agree to indemnify, defend and hold harmless PodcastEZ LLC, its officers, directors, employees, successors, subsidiaries, affiliates, co-branders, contractors, employees, third-party advertisers, technology providers, service providers or other partners, and each of their respective officers, directors, agents, shareholders, employees and representatives, from and against any third-party claim, demand, loss, damage, cost, or liability (including, reasonable attorneys’ fees) arising out of or relating to: your use or misuse of any services offered by PodcastEZ LLC;  your use or misuse of, or connection to, the Podcastez LLC platform or any services offered by the Podcastez LLC platform;  your use or misuse of your code, your content, your data and/or your network; your use or misuse of any non-Podcastez LLC code or third-party applications; your breach or alleged breach of this Agreement; your use or misuse of any User Data or Network Data, including in violation of PodcastEZ LLC’s Privacy Policy; your violation of any rights (including intellectual property rights) of a third party; and your breach or alleged breach of any agreement or policy between you and other Users.

EPISODE SUBMISSION TERMS

You represent and warrant that:

  1. The Work is your own original work
  2. The Work is factually accurate.
  3. The Work is not defamatory.
  4. The Work does not infringe on anyone’s intellectual property; privacy, or publicity rights, and does not plagiarize another’s work.
  5. If appropriate, that the subjects of the Work have assented to their participation and to the broadcast of their voices.
  6. If  you include any material in the Work that is not original to you, you will notify us in advance, and assist us in obtaining any necessary clearances, rights, licenses or releases.
  7. The Work has not been previously published in any form, in whole or in part. If the Work (or any element contained in the Work) has been previously published or used in another way, you will disclose this to us prior to our acceptance of the work, and we may determine if we will waive the requirement that the Work be previously be unpublished and accept the Work.
  8. You have the knowledge and authority to enter into this Agreement.

We shall indemnify you against claims, damages, liabilities, costs and expenses (including reasonable attorneys’ fees) that result from any unauthorized use of the Work by us or by our licensees, or from any breach of our representations, warranties or obligations.

You shall indemnify us, including our sub-­‐licensees, employees, agents, and assignees against claims, damages, liabilities, costs and expenses (including reasonable attorneys’ fees) that result from any breach of your representations, warranties or obligations.

If a claim is made against either party arising out of the use of the Work, the other party agrees to cooperate fully, as needed, to defend against it.

Podcastez LLC reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of PodcastEZ LLC. Podcastez LLC will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

Agreement between user and PodcastEZ LLC.com

Electronic Communications 

Visiting the Website, using its communicative functions, or sending emails to Podcastez LLC constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Website, satisfy any legal requirement that such communications be in writing. 

YOUR ACCOUNT AND ACCOUNT USE

If your use of the Website requires an account identifying you as a user of the Website (an “Account”), then,

Responsibility—you are solely responsible for your Account and the maintenance, confidentiality and security of your Account and all passwords related to your Account, and any and all activities that occur under your Account, including all activities of any persons (e.g., an attorney, an accountant, an employee, social media manager, contractors, sub-contractor, etc.) who gain access to your Account with or without your permission

Notification—you agree to immediately notify us of any unauthorized use of your Account, any service provided through your Account or any password related to your Account, or any other breach of security with respect to your Account or any service provided through it, and you agree to provide assistance to us, as requested, to stop or remedy any breach of security related to your Account, and

Accuracy—you agree to provide true, current, accurate and complete customer information as requested by us from time to time and you agree to promptly notify us of any changes to this information as required to keep such information held by us current, complete and accurate.

You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Podcastez LLC is not responsible for third-party access to your account that results from theft or misappropriation of your account and/or password. Podcastez LLC and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion. You also agree that Podcastez LLC can store electronic records information related to your use of our services.  

Podcastez LLC does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use our Website only with permission of a parent or guardian. Use of PodcastEZ LLC’s platform and services is limited to parties that lawfully can enter into and form contracts under applicable law. To register, you must provide your real name, address, phone number, and e-mail address. You are not allowed to misrepresent yourself in any form or fashion.  Purchases must be made with a valid credit card.  You represent and warrant that: (a) if you are a business, you are duly organized, validly existing and in good standing under the laws of the country in which your business is registered and that you are registering for the Services within such country; (b) any information provided by you or your affiliates is at all times accurate and complete; and (c) you have all right, power and authority to enter into this Agreement and perform your obligations hereunder.

Deletion of Your Account and/or Content

If you delete the account to which Your Content is connected, you acknowledge and agree that we may retain a copy or copies of same for archival or compliance purposes or to otherwise provide the Website to you or others, subject always to your license (i.e. permissions) to use set out herein, and to our Privacy Policy.

YOUR USE AND PARTICIPATION

When you participate on our Websites, you are responsible for what you post. Although we will not screen all contributed content, we reserve the right to remove anything we deem inappropriate, without any possibility of recourse or redress on your part. Be aware that some users will rely on the content of your posts, messages, and other such content (collectively, the “posts”) as provided by you on our Websites. You, and not us, are responsible for your posts, and you hereby fully indemnify us from any claim we might receive from third-parties harmed by your posts. 

You agree that we may, without notice or liability, disclose to third-party securities or authorities any of your information or your content, monitor use of the Website and monitor, review and retain your posts if we believe in good faith that such activity is reasonably necessary to ensure adherence to or enforce the Website Terms, comply with any laws or regulations, respond to any allegation of illegal conduct or claimed violation of third party rights, or protect us or others.

If we receive a complaint relating to the use of the Website by you, you acknowledge and agree that we may, in our sole and absolute discretion and without notice or liability, investigate the complaint, restrict, suspend or terminate any service involved, or remove your content from our servers.  

Lawful Use 

You will ensure that:

  1. you only use the Website for lawful purposes, and
  2. if at any time you become aware of any violation, by any person or entity, of any part of these Terms and Conditions, you will immediately notify us and provide us with assistance, as requested, to stop or remedy such violation.

You are granted a non-exclusive, non-transferable, revocable license to access and use our Website strictly in accordance with these terms of use. As a condition of your use of the Website, you warrant to Podcastez LLC that you will not use the Website for any purpose, or sale of goods, that is unlawful or prohibited by these Terms. You may not use the Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party's use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.   

Prohibited Conduct

Without limiting the generality of any other restriction in these Terms and Conditions, you agree that you will not, in connection with the Website, directly or indirectly do or permit any of the following:

  1. post, upload, reproduce, distribute or otherwise transmit any Content (defined below) that is unauthorized or unsolicited commercial communications, junk or bulk communications or other “spam” (whether or not using e-mail services, including instant messaging, blog or comment spam) or is otherwise duplicative or unsolicited, contains a virus, cancelbot, Trojan horse, worm or other harmful, disruptive or surreptitious component,
  2. is defamatory, infringing, or unlawful,
  3. is inappropriate, obscene, indecent materials or information without suitable or lawfully-required access controls (which controls will in no event be our responsibility),
  4. gives rise to civil liability, or otherwise violates the rights or assists others to violate the rights of us or any third party, such violations including engaging in copyright infringement, invasion of privacy, trademark infringement or defamation; or
  5. constitutes a criminal offense, or otherwise engages in or assists others to engage in any criminal offense, including communicating hatred, pyramid selling (does not extend to MLM), unauthorized use of a computer, mischief in relation to data, fraud, obscenity and child pornography; or
  6. engage in threats, harassment, intimidation, stalking or abuse or any conduct that violates the legal rights of others, including the rights of minors and rights relating to privacy and publicity;
  7. forge headers or otherwise manipulate any protocols or identifiers used in any system or protocol in such a manner to disguise the origin of any data transmitted using the Website;
  8. impersonate or falsely represent your association with any person, including a representative of us;
  9. disrupt or threaten the integrity, operation or security of any Website, any computer or any Internet system;
  10. disable or circumvent any access control or related process or procedure established with respect to the Website;
  11. sublicense, share, resell, reproduce, copy, distribute, redistribute, or exploit for any commercial purposes (except for your internal business purposes), any portion of, use of or access to, any Website, except where expressly authorized by us; or
  12. extract, gather, collect, or store personal information about others without their express consent.

Intellectual Property

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Website, is the property of Podcastez LLC or its suppliers and partners and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.   

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Website. Podcastez LLC content is not for resale. Your use of the Website does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of Podcastez LLC and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Podcastez LLC or our licensors or partners except as expressly authorized by these Terms. 

INTERNATIONAL USERS

The PodcastEZ service is owned, operated and administered within the USA. If you access the PodcastEZ service from a location outside the USA, you are responsible for compliance with all local laws and regulations.

SUBSCRIPTION FEES and BILLING CYCLES

Rapid Start Setup Fee. In addition to your monthly selected Subscription Package, there is a one-time Setup Fee that will apply to initiation of service. Should you elect to upgrade your package after you select your package, the Upgrade Difference will be billed to your credit card on file.

Monthly Subscription Payment. You will have an initial consultation with your assigned Producer and together you will decide the most valuable assisted podcasting package for you. The first billing of your subscription fees will occur the following day after your first preview episode (trailer) has been published, but not longer than 30 days after your initial Producer Consult. All monthly subscription fees will be charged in advance and will auto-renew each month on the same date for a minimum of 4 months and until we receive cancellation in writing. Subscription renewal rates are subject to change, but we will always notify you 30 days in advance.  You will be charged on each Billing Date for all outstanding Fees that have not previously been charged. 

You agree to pay all fees applicable to your online subscription (“Subscription Fees”) and all other applicable fees including, but not limited to, fees relating to the processing of transactions related to and under your Subscription including, but not limited to, credit card processing fees and Podcastez LLC store transaction fees (“Transaction Fees”), and all fees relating to your purchase of any additional products or services (“Additional Services”) or Third-party Services (“Third-party Services”). Combined, the Subscription Fees, the Transaction Fees, the Additional Services, and the Third-party Services are collectively referred to as Fees.

You must keep a valid credit card on file with us to pay for all incurred and recurring Fees. You authorize Podcastez LLC or its third-party payment providers to charge your credit card, debit card, PayPal, or financial institution account (herein “Payment Method”) for all charges to your accounts with Podcastez LLC until you cancel your subscription or Podcastez LLC terminates it.  Podcastez LLC will charge applicable Fees to the credit card account that you authorize (“Authorized Credit Card”), and Podcastez LLC will continue to charge the Authorized Credit Card (or any replacement card) for applicable Fees, including any and all outstanding fees, until the Services are terminated.

Your Subscription Fees will be charged in advance and will be billed in 30-day or 12-monthly intervals depending on subscription method chosen (“Billing Date”). Transaction Fees, Additional Services and Third-party Services will be charged at the time of service. You will be charged on each Billing Date for all outstanding Fees that have not previously been charged. All Fees are exclusive of applicable federal, state, international, local fees and taxes.

Podcastez LLC is required to collect sales tax on all Subscription Sales that occur in states where our subscriptions are taxable. Please note that you may be required to pay sales tax and file a sales tax return for certain purchases made from PodcastEZ LLC, even if your order does not include sales tax charges. Any applicable taxes are based on the rates applicable to the billing address you provide to us.  Please consult your city, county and state sales tax authorities to determine whether you are required to pay sales tax on any purchases made from PodcastEZ LLC.  If you are exempt from payment of such Taxes, you must provide us with an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive such a certificate.

Subscription Fee and Transaction Fee Chargebacks

Charges for the Subscription Fees, Transaction Fees, and Additional Services will appear on credit card statements as follows: "Podcastez LLC”. You agree that, prior to contacting a credit card company in relation to charge disputes (“Chargeback”), will first contact Podcastez LLC to verify the charges and the manner of billing. You agree that any Chargeback by a credit card company, for whatever reason, is a material breach of this Agreement. The cost for a Chargeback to Podcastez LLC is $25.00 and is a charge for which you agree to be jointly and severally liable to make Podcastez LLC whole.   

You agree and acknowledge that Podcastez LLC may suspend your access to your account until all payment owed is brought current.  Your rights to, and control over these accounts and services, may be reinstated solely at the discretion of Podcastez LLC.

Accepted Payment Types

Podcastez LLC accepts Visa, MasterCard, American Express, JCB, Discover, and Diners Club.

SALES TAX COLLECTION ON Podcastez LLC SUBSCRIPTIONS

Depending on your billing address, Podcastez LLC may collect sales tax on your monthly or annual subscriptions.  Podcastez LLC is required by law to collect sales tax in states where we maintain a physical presence, determined by Nexus.  Your tax location is determined by the billing address entered with your credit card information.  Please ensure that your billing information is correct. 

Cancellation/Refund Policy for Monthly Subscriptions

We never want to lose a great customer and we are here to help you build a great Podcast Show. Your Rapid Start Registration fee is non-refundable. All monthly subscription fees will be charged in advance and will auto-renew each month on the same date for a minimum of 4 months. After the first 3 monthly subscription payments, PodcastEZ requires a 15-day notice of intent to cancel, which will take effect at the end of the monthly billing cycle of that month. Cancellations on monthly subscriptions must be received by the 15th day of the month via written notice through email. With cancellation, PodcastEZ will assist in the establishment of a 301 RSS feed redirect and/or transfer your existing podcast to any other podcast hosting platform that you specify. You will be able to transfer all episodes and metadata via export to your new hosting platform. PodcastEZ does not provide refunds.  Please email: [email protected] with your intent to cancel.

Termination/Access restriction

Podcastez LLC reserves the right, in its sole discretion, to terminate your access to the Website and the related services or any portion thereof at any time, without notice. It is our policy, and in our sole discretion, to determine what is appropriate material, to disable and/or terminate the accounts of users, subscribers or account holders who repeatedly infringe on PodcastEZ LLC’s copyrights or other intellectual property rights of others.

You agree that nothing in this Website Terms of Use document constitutes a relationship that includes: sales agent, employee, joint venture, agency, partnership or franchise agreement. PodcastEZ LLC's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of PodcastEZ LLC's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by Podcastez LLC with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.   

ARBITRATION

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Washington and you hereby consent to the exclusive jurisdiction and venue of courts in Washington in all disputes arising out of or relating to the use of the Website. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.   The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions. Class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and PodcastEZ agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.

ENTIRE AGREEMENT

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Podcastez LLC with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Podcastez LLC with respect to the Website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English. 

Compliance with Law 

Use of the Podcastez LLC platform must conform with all local, state and federal laws, statutes and regulations and may be used only for lawful purposes.  Registration under a false name or the use of an unauthorized credit card is strictly prohibited. The following items are also strictly prohibited:  a) illegal, counterfeit, or stolen items; b) products, listings, or promotion of hatred based upon: race, religion, ethnicity, disability, gender, or sexual orientation; c) support or promotion of acts of violence or harm toward yourself or others; and d) support or promotion of illegal activities.

Podcastez LLC has the right to report any violation of law, or suspected violation of law, to appropriate law enforcement officials, regulators or other third parties.  In the pursuit of cooperation with such authorities we have the right to disclose requested appropriate information, which may include (but is not limited to) user details, account information, content and IP information.

COPYRIGHT POLICY

Notification of Copyright Infringement

Podcastez LLC responds promptly to legitimate notices or letters of illegal copyright infringement based on the requirements of the Digital Millennium Copyright Act of 1998 (DMCA)

If you are a copyright owner (or the agent of a copyright owner) and believe that any material posted by a Podcastez LLC client has infringed upon your copyright(s), you may submit a Notification of Claimed Infringement under the DMCA.  Please note that if you are requesting removal of content by submitting an infringement notification, you are initiating a legal process. We suggest that you seek independent legal advice prior to filing a Notification of Claimed Infringement. Please ensure you have a right to make a claim, and the alleged copyright infringed material is not covered by any exception, including Fair Use or free speech laws.

Please note that you may be liable for damages (including attorney’s fees and related costs) if you make a false claim of copyright infringement. Section 512(f) of the Copyright Act provides that any person who knowingly materially misrepresents that material is infringing may be subject to liability. Please also be advised that, in appropriate circumstances, we will terminate the accounts of users/subscribers who repeatedly misidentify copyrighted material.

Please send us written notification (by regular mail or e-mail. Contact information is below.) to our Designated Copyright Agent, and include the following information:

  1. Your contact information (as the complaining party), including name, address, email address and phone number. 
  2. A clear identification of the copyrighted work claimed to have been infringed. If multiple copyrighted works are posted on a single web page and you notify us about all of them in a single notice, you may provide a representative list of such works found at the site.
  3. A clear identification of the material you claim is infringing on the copyrighted work, and information sufficient to locate that material on our website (such as the message ID of the infringing material).
  4. A statement that you have a "good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law."
  5. A statement that "the information in the notification is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
  6. Your notice must be physically or electronically signed by the copyright owner or a person authorized to act on behalf of the owner.

Your written Notification of Claimed Infringement must be sent to our Designated Copyright Agent at the e-mail or mailing address listed below. We will review and address all notices that substantially comply with the requirements identified above. If your notice fails to substantially comply with all these requirements, we may not be able to respond to your notice.

View the sample of a properly formed DMCA Notice to help ensure you are submitting the necessary information to protect your materials. Replace all [square parentheses] with your information.

— — — — — — — — — — — — — — —

SAMPLE DMCA TAKEDOWN NOTICE TEMPLATE

To PodcastEZ LLC’s Designated Copyright Agent,

The following information serves to assert my rights and request removal of allegedly infringing web content under the Digital Millennium Copyright Act of 1998 (DMCA). The following is a report, in good faith, of alleged copyright infringement. I am contacting you as the designated agent for the site upon which the infringing work currently appears. This letter is a Notice of Infringement as authorized in §512(c) of the U.S. Copyright Law.

I am the copyright owner of the works and the following is true and accurate.

1. The original work, for which I claim copyright, appears, with my permission, at the following locations online:

[URLs WHERE YOUR ORIGINAL AUTHORIZED WORK APPEARS]

2. Copies of my original copyrighted work are [attached/included/provided] to assist you in your evaluation and determination.

3. The allegedly infringing [work/text/image] appears at the following location(s) online:

[URLs WHERE INFRINGING WORK IS CURRENTLY LOCATED]

4. My contact information, as copyright holder, is as follows:

[INCLUDE YOUR CONTACT INFORMATION]

5. The information of the alleged copyright infringer is:

[INSERT WHOIS INFORMATION FOR THE SITE YOU ALLEGE IS INFRINGING]

6. I have a good faith belief the use of the above reference copyrighted work(s) that appears on the website for which you are the designated DMCA agent is not authorized by the copyright owner, its agent, or by law.

I declare, under penalty of perjury, this notice is true and correct and that I am the copyright owner entitled to exclusive rights which I allege are being infringed.

Signed this ________ day of ___________, 20_____ in [INSERT CITY, STATE, COUNTY].

 

[YOUR SIGNATURE/eSIGNATURE]

— — — — — — — — — — — — — — —

Counter Notification of Copyright Infringement

  1. If you believe material was removed in error, you may send a Counter Notification to our Designated Copyright Agent at the e-mail address provided below.
  2. To file a Counter Notification with us, you must send us written communication (by regular mail or e-mail) that sets forth the items specified below: 
    1. Your contact information (as the complaining party), including name, address, email address and phone number. 
    2. Identify the material that we have removed or to which we have disabled access.
    3. Provide the following statements: 
      1. "I consent to the jurisdiction of Federal District Court for the [insert the federal judicial district in which your address is located]" and 
      2. "I will accept service of process from [insert the name of the person who submitted the infringement notification] or his/her agent"
      3. "I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."
    4. Sign the notice. If you are providing notice by e-mail, an electronic signature (i.e. your typed name) or scanned physical signature will be accepted. 
  3. If we receive a Counter Notification from you, we may forward it to the party who submitted the original Notification of Claimed Infringement. The Counter Notification we forward may include some of your personal information, such as your name and contact information. By submitting a Counter Notification, you consent to having your information revealed in this way. We will not forward the Counter Notification to any party other than the original claimant unless required or expressly permitted to do so by law.
  4. Upon receipt of a proper Counter Notification, Podcastez LLC will provide the individual (who submitted the original Copyright Infringement notification) with a copy of the Counter Notification, and inform that person that Podcastez LLC will replace the removed material and cease disabling access to it not less than ten (10), nor more than fourteen (14), business days following receipt of the Counter Notice, unless our Designated Agent first receives notice from the person who submitted the original infringement notification that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on our system, pursuant to section 512(g)(2)(c).
  5. Please note that we may not be able to contact you if we receive a Notification of Copyright Infringement about material you posted online. In accordance with our Terms of Service, we reserve the right to permanently remove any content at our sole discretion.

Designated Agent
Designated Copyright Agent
Rena McGill
Podcastez LLC 
9116 E Sprague Ave #1031
Spokane Valley, Washington 99206

Email Address: [email protected] 

Statute: Digital Millennium Copyright Act of 1998 § 103, 17 U.S.C.A. § 1201 (West 2008); Online Copyright Infringement Liability Limitation Act, Pub. L. No. 105-304, sec. 201–02, 112 Stat. 2877 (1998) (codified as amended at 17 U.S.C. § 512 (2006)).

Contact Us

Podcastez LLC is the trade name for PodcastEZ. Podcastez LLC welcomes your questions or comments regarding the Website Terms of Use.  

Rena McGill
Podcastez LLC 
9116 E Sprague Ave #1031
Spokane Valley, Washington 99206
Email Address: [email protected]
Telephone number: 855-765-3654