These Terms of Use govern your use of this website, https://podiumaudio.com/.  This website is provided by Podium Publishing ULC (Podium Publishing SubCo LLC) (“Podium”).  Please read these terms carefully before using this website.  By accessing or using this website, you agree to be bound by these Terms of Use.  If you do not agree, please immediately discontinue using this website.  By accepting these Terms of Use, you also agree to our Privacy Policy, which also governs your visit to this website and which is incorporated by reference into these Terms of Use.

Content 

This website may provide general information about our products and services.  Your eligibility for particular products and services is subject to our final determination, restrictions, and acceptance.  We may discontinue or make changes to the information, products, licenses, or services described on this website at any time.  Any dated information is published as of its publication date only.  We do not undertake any obligation or responsibility to update or amend any such information.  Although we try to provide accurate and timely information on this website, there may be inadvertent, technical, or factual inaccuracies and typographical errors.  For these reasons we cannot warrant the accuracy, completeness, or timeliness of the information, text, graphics, links, or other items on this website. 

This website’s content, including but not limited to all music, audio clips, images, icons, text, design, graphics, code, software, logos, expressions, downloads, interfaces, and ideas, is copyrighted and protected by U.S. and worldwide copyright laws and treaty provisions.  In addition, this website’s content is protected by patent and trademark laws, the laws of privacy and publicity, and the various communication regulations and statutes.  We grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable license to access this website and view the content therein on a single browser, for your personal, non-commercial use in accordance with these Terms of Use, and not for distribution, resale, sublicensing, time-sharing or service bureau usage.  We reserve all rights not expressly granted in the foregoing sentence.  Any unauthorized use or other activity by you in violation of these Terms of Use will cause the licenses granted to you by us in this paragraph to terminate immediately and automatically.

Links to Other Websites

This website may contain links to third-party websites, such as social media websites, which we do not own or control, but which are being provided for your convenience.  If you visit a link to another website, you do so at your own risk subject to the terms and conditions establish by the operator of that website.  The fact that we provide a link to a website does not necessarily mean we endorse, authorize, or sponsor that third-party website, or that we are affiliated with the third-party website’s owners or sponsors.  We reserve the right to terminate a link to a third-party website at any time.

Accessing the Website 

The website is not intended for use by persons under the age of 18 years.  The website is not intended for use by persons in any jurisdiction or country where such use would be contrary to applicable laws or regulations.  We may restrict your access to this website during the times you are in a country for which use of this website would be prohibited.  You are responsible for compliance with all local laws.  By offering information, products, or services via this website, no solicitation is made by us to any person to use such information, products, or services in jurisdictions where the provision of information, products, or services is prohibited by law.

To use our website, you will need a working connection to the Internet via a web browser on your computing device for which you are responsible for all costs, expenses, and fees.  From time to time, due to the performance of maintenance, malfunctions or failures of software, equipment, or telecommunications devices, unusual transaction volume, or similar reasons, this website may not be available for your use.  We minimize the periods of time during which the website is unavailable.

Your use of this website is limited to the intended functions of the website.  Unauthorized use of the website and/or our systems, including but not limited to misuse of any information posted on the website or unauthorized entry into any of our systems is strictly prohibited.  You are prohibited from using this website in any manner that: 

• Constitutes a commercial use other than for your own use; 
• Accesses data that is not intended for you; 
• Attempts to harvest, collect, gather, or assemble information or data; 
• Invades the privacy of, obtain the identity of, or obtain any personal information about any other user of this website; 
• Probes, scans, or tests the vulnerability of this website, our network, our security, or authentication measures without proper authorization; 
• Attempts to interfere with service to any user, host, or network or otherwise attempt to disrupt our business, including, without limitation, via means of submitting a virus to this website, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing”; 
• Copies, modifies, redistributes, reverse engineers, decompiles, disassembles any aspect of this website or any content delivered to you via this website, including, without limitation, any audio or video content delivered via this website;
• Sends unsolicited mail, including promotions and/or advertising of products and services;
• Is unlawful, fraudulent, or deceptive; 
• Communicates any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material; 
• Encourages conduct that would constitute a criminal offense or that gives rise to civil liability;
• Violates these Terms of Use or any other policies or agreements that you enter into with us;
• Fails to comply with applicable third-party terms; or
• Constitutes any other inappropriate conduct, as determined by us in our sole discretion.

In addition, you may not either directly or through the use of any device, software, Internet site, web-based service, or other means:

• Remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the content of this website or any digital rights management mechanism, device, or other content protection or access control measure associated with the content on this website including geo-filtering mechanisms;
• Copy, download, stream capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit, or retransmit the content on this website (except as expressly permitted by these Terms of Use);
• Incorporate the content on this website into, or stream or retransmit the content via any hardware or software application or make it available via frames or in-line links; or
• Create, recreate, distribute, or advertise an index or any signification portion of the content on this website.

You may not build a business utilizing the content on this website, whether or not for profit.  In addition, you are strictly prohibited from creating derivative works or materials that otherwise are derived from or based on any of the content on this website, including without limitation, montages, mash-ups and similar videos, and merchandise, unless it is expressly permitted by us in writing.  This prohibition applies even if you intend to give away the derivative materials free of charge.

If you violate any provision of these Terms of Use, we reserve the right to terminate your access to this website.  Additionally, we, in our sole discretion, may suspend or terminate any user account that you have established with us at any time, with or without notice.  We may at any time, with or without cause, and without prior notice to you deny you access to the website.  We may terminate these Terms of Use or the website, in whole or in part, at any time without prior notice to you.  In the event we terminate these Terms of Use, any existing transactions you have entered into with us shall remain in effect.

User Submissions

With respect to any content you submit or make available through or on this website (other than personal information, which is handled in accordance with the Privacy Policy), you grant us a non-exclusive, perpetual, irrevocable, non-terminable, unrestricted, worldwide, royalty-free license to use, copy, reproduce, distribute, publicly display, publicly perform, transmit, modify, create derivative works, and sublicense such content or any part of such content, by any means and in all media formats and channels now known or hereafter devised in perpetuity, and to advertise and promote such use, without any notice or permission from you or any other person, and without compensation or attribution to you or any other person.

Please retain copies of all content you submit, as we are under no obligation to store or return any such content to you.  Your submission of content will not be subject to any obligation of confidentiality, attribution, or otherwise.  We are under no obligation to monitor any user-submitted content or use of this website, but we reserve the right to monitor or moderate user content, in our sole discretion, and to enforce our or a third party’s intellectual property rights in any user-submitted content.  We reserve the right to discard or remove any user-submitted content from this website in our sole discretion and without any liability.  You acknowledge that you are responsible for any content you may submit through this website, including the legality, reliability, appropriateness, originality, and copyright of any such content.

Communications 

If you submit an e-mail address to us through this website, we may use your e-mail address to communicate with you electronically.  E-mail is not secure and you understand that there are risks associated with communicating via e-mail, including the possibility of unauthorized access, failure to receive e-mails because they have been misdirected or sent to a spam folder, and your inability to access e-mail due to power outages, hardware, or software malfunctions or failures of your computing device, or matters affecting the Internet or your access to the Internet.  Do not rely on e-mail if you need to contact us immediately.  For security reasons, we may not be able to respond to certain e-mail requests.

Security 

We have taken steps to protect the privacy and security of your personal information as well as your financial transactions with us.  Although we use administrative, technical, and physical security measures to protect your account and other personal information, the Internet is a public network, and we cannot guarantee that any information transmitted or transactions conducted via the Internet are absolutely secure or that a third party will not be able to access or intercept such payment information.  We are not responsible for any electronic virus or viruses that you may encounter as you use the Internet.  We suggest that you routinely scan your devices using a virus protection product.  An undetected virus may corrupt and destroy your programs, files, and your hardware.

We are committed to stopping fraud, and reserve the right to take all reasonable measures to detect and prevent it.  For security purposes, we may view, monitor, and record activity on this website without notice or permission from you.  Any information obtained by monitoring, viewing, or recording may be subject to review by law-enforcement organizations in connection with investigation or prosecution of possible criminal activity on the website.  We will also comply with all court orders involving requests for such information. Actual or attempted fraud or other unauthorized use of the website may result in criminal and/or civil prosecution and immediate termination of your right to use the website.

To protect the security of your information, we may require you to authenticate your identity (i.e., prove that you are who you say you are) to conduct certain transactions on this website.  Use of unique login information may be required to access certain portions of the website.  You acknowledge that your login information is unique, and must be kept private and confidential to protect the security of your account.  You agree not to give or make available your login information to any unauthorized individual.  If you believe your login information has been compromised, lost or stolen, someone without authorization has attempted to use your account, or your account has been accessed by someone without authorization, you must notify us immediately (using the contact information below).  If you lose or forget your login information, contact us immediately.  If you fail to notify us, you may be liable for all unauthorized activity on your account.  

Warranties / Limitations of Liability / Indemnification

THIS WEBSITE CONTENT IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES THAT MAY ARISE IN CONNECTION WITH THIS WEBSITE, OR FROM YOUR USE OF, OR INABILITY TO USE, THIS WEBSITE OR ANY INFORMATION PROVIDED ON THIS WEBSITE; OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE; OR DISCLOSURE OF INFORMATION WHEN REPLYING TO YOU BY E-MAIL OR OTHER ELECTRONIC MEANS OR RECEIVING E-MAILS FROM YOU; EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, OR EXPENSES.  Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages.  In such jurisdictions, our liability is limited to the greatest extent permitted by law.

WE ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY VIRUSES THAT MAY INFECT OR DAMAGE YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS A RESULT OF YOUR ACCESS TO, USE OF, OR BROWSING OF THIS WEBSITE, THE WEB, OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THIS WEBSITE OR THE WEB.

WE DO NOT WARRANT NOR REPRESENT THAT YOUR USE OF MATERIALS DISPLAYED ON THIS WEBSITE WILL NOT INFRINGE RIGHTS OF THIRD PARTIES NOT OWNED BY OR AFFILIATED WITH US.

You agree to indemnify and hold us harmless from and against any and all claims, losses, expenses, demands, or liabilities, including attorneys’ fees and costs, incurred by us in connection with any claim by a third party (including any intellectual property claim) arising out of your use of this website in violation of these Terms of Use or in violation of any applicable law.  You further agree that you will cooperate fully in the defense of any such claims.  We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such claim or matter without our written consent.

Other Terms & Conditions

These Terms of Use will be governed by the laws of the United States and the State of California without giving effect to any conflict of laws to the contrary.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

These Terms of Use and our Privacy Policy constitute the entire agreement between you and Podium with respect to this website and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to this website.  No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder.  Except as expressly set forth herein, in the event of a conflict between these Terms of Use and any applicable terms, the terms of these Terms of Use shall govern.

If any terms in these Terms of Use change due to applicable law or is declared invalid by order of a court, the remaining terms of these Terms of Use will not be affected, and these Terms of Use will be interpreted as if the invalid terms had not been placed in these Terms of Use.  The headings in these Terms of Use are intended only to help organize these Terms of Use.

Changes to these Terms of Use 

You agree that we may from time to time amend all or any part of these Terms of Use, including, without limitation, establishing, increasing, or decreasing the fees and charges for products and services made available through this website and changing the features and functionality to this website.  We will notify you electronically of any change to these Terms of Use as required by applicable law.  Any such changes shall take effect as soon as they are posted on this website.  Your use of the website after the effective date of the change shall constitute your agreement to be bound by the terms of the change.  You should also review these Terms of Use periodically for any changes.

Contact Us

If you have any questions about these Terms of Use, please contact us at: website@podiumaudio.com

Last Updated:  May 1st, 2020