Last Updated: 4/5/08
This website (the "Site") provides you with information about National Podcasting System, Inc. (National Podcasting System), and our services. By viewing, running, posting, displaying, transmitting, publishing, distributing, copying, embedding or otherwise using or accessing the National Podcasting System Site, or by accessing, viewing, using, downloading, uploading, transmitting or submitting any information, text, video, graphics or other materials appearing on the Site (the "Content"), which includes, but is not limited to, Content created by National Podcasting System, you agree to be bound by these Terms of Use which is referred to as the "Agreement."
This is a legal agreement between you and National Podcasting System. Please read the Agreement carefully. If you do not agree to these terms then you may not access the Site or view or submit any Content. Your use and/or access of the Site and the Content indicates your agreement with the terms of this Agreement.
The terms of this Agreement, as modified by National Podcasting System from time to time in accordance with the next paragraph, will govern your use of, and access to, the Site and the Content.
National Podcasting System may revise these Terms of Use and the Privacy Policy from time to time. Each revision will be marked with a revision date and will be posted on the Site, and National Podcasting System recommends that you review them from time to time to note any changes. By continuing to use or access the the Site and/or the Content, you agree to be bound by any Terms of Use and Privacy Policy in effect at the time of such use or access. If you do not agree to the modified terms then you must: cease to use and/or access the Site and the Content.
The Site and the Content are made available to users 18 years of age or older. If you are not yet 18 years old, please discontinue using the Site and the Content immediately. If for any reason you do not agree with all of the terms and conditions contained in this Agreement, please discontinue using the Site and the Content immediately. By using or attempting to use the Site and the Content, you certify that you are at least 18 years of age and meet any other eligibility requirements of the Agreement and/or Site.
Your privacy is important to National Podcasting System. Please review the terms of our Privacy Policy to learn more about our information collection, use and disclosure practices.
National Podcasting System distributes a variety of different Content, some of which may contain offensive language or negative stereotypes; however, National Podcasting System does not endorse, support, sanction, encourage, verify or agree with the views presented in the Content. By viewing, running, posting, displaying, transmitting, publishing, distributing, copying, embedding or otherwise using or accessing the Site; or by accessing, viewing, using, downloading, uploading, transmitting or submitting any Content, you agree that you are electing to view and/or access such potentially offensive content, freely and of your own accord.
National Podcasting System may modify, suspend or discontinue the Site, temporarily or permanently, and may remove, modify or delete any Content at any time, in its sole discretion.
Other Terms
Certain areas of the Site or Content may require you to agree with and accept additional terms and conditions. If there is a conflict between this Agreement and terms of use posted for a certain area of the Site or Content, the latter shall have precedence with respect to your use of, or access to, that area of the Site or Content.
Your Submission of Comments
By submitting a Comment to National Podcasting System, you automatically grant (or warrant that the owner of such rights has expressly granted) National Podcasting System a worldwide, royalty-free, non-exclusive, sub-licensable, perpetual and irrevocable right and license to use, reproduce, modify, adapt, create derivative works of, perform, display, distribute, publish and transmit such content in any form, medium, or technology now known or later developed. In addition, you warrant that all so-called moral rights in the Comments have been waived. National Podcasting System has the right, but not the obligation, to monitor and/or edit or remove the Comments, in whole or in part, that are uploaded, posted, emailed, submitted or otherwise transmitted using the Site or the services associated with the Site. National Podcasting System is not responsible for the accuracy, completeness, appropriateness, legality or applicability of the Comments and National Podcasting System does not endorse, support, sanction, encourage, verify or agree with the Comments posted. You further grant National Podcasting System the right to treat Comments as Content, and if it elects to do so, you acknowledge and agree that the Comments are subject to the same rights and restrictions in this Agreement governing all Content.
Feedback
You may, from time to time, provide feedback to National Podcasting System related to the Site or the Content. Such feedback may include, without limitation, modifications, additions, fixes, improvements, enhancements, applications, test results, procedures, information, materials, suggestions, ideas, concepts, know-how, techniques, data, translations, developments and discoveries (collectively "Feedback"). You acknowledge and agree that all Feedback will be the sole and exclusive property of National Podcasting System. You hereby irrevocably transfer and assign to National Podcasting System and agree to irrevocably transfer and assign to National Podcasting System all of your right, title, and interest in and to all Feedback, including all worldwide intellectual property rights therein. At National Podcasting System's request and expense, you will execute documents and take such further acts as National Podcasting System may reasonably request to assist National Podcasting System to acquire, perfect and maintain its intellectual property rights and other legal protections for the Feedback.
National Podcasting System Property
Except as expressly permitted in this Agreement, you will not earn or acquire any rights or licenses in the Site or any of the Content (including but without limitation the National Podcasting System Distributed Content) on account of this Agreement. You acknowledge and agree that National Podcasting System and its licensors own all right, title, and interest in and to the Site and all of the Content, including all intellectual property rights therein, even if National Podcasting System or its licensors incorporate any Feedback into subsequent versions of the Site or the Content. The Site and all of the Content are protected by copyright, trademark and other laws of both the United States and foreign countries. Except as expressly permitted in this Agreement, you may not reproduce, modify or prepare derivative works based upon, distribute, sell, or otherwise use the Site or the Content.
General Prohibitions
You agree not to do any of the following while using the Site or the Content:
Engage in any activities, including but not limited to posting, publishing transmitting or otherwise submitting any text, graphics or material, that: (i) are false or misleading; (ii) are defamatory or libelous; (iii) invade another's privacy; (iv) are obscene, pornographic or offensive; (v) promote bigotry, racism, hatred or harm against any individual or group; (vi) infringe another's rights, including any intellectual property, privacy or publicity rights; or (vii) violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
Copy, modify or distribute the HTML code used to generate web pages on the Site, except as minimally necessary for permitted use of the Services;
Access, tamper with or use non-public areas of the Site, National Podcasting System computer systems, or the technical delivery systems of National Podcasting System providers;
Attempt to probe, scan or test the vulnerability of any system or network or breach any security or authentication measures;
Attempt to access or search the Site or Content with any engine, software, tool, agent, device or mechanism other than the software and/or search agents provided by National Podcasting System or other generally available third party web browsers (such as Apple Safari, Microsoft Internet Explorer or Netscape Navigator);
Frame the Site, except as may be expressly permitted in writing by National Podcasting System;
Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site or Content to send altered, deceptive or false source-identifying information;
Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site or Content;
Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming or mail-bombing the Site; or
Impersonate or misrepresent your affiliation with any person or entity.
National Podcasting System will have the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and Site security issues, to the fullest extent of the law. National Podcasting System will involve and cooperate with law enforcement authorities in prosecuting users who violate this Agreement. You acknowledge that National Podcasting System has no obligation to monitor your use of, or access to, the Site and the Content or any information you may provide during your use of, or access to, the Site and the Content, but has the right to do so for the purpose of operating the Site, to ensure your compliance with this Agreement, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.
Termination of Use
If you violate any of the terms of this Agreement, your permission to use the Site and the Content will automatically terminate. In such event, you must cease all use of the Site and the Content and remove all code that references the Site and Content from your website(s). National Podcasting System also reserves the right to: i) cease providing services, features or content; and ii) change, modify or revise the Site and/or the Content at any time and without notice.
Links
The Site may contain links to third-party websites or resources which may provide access to content, products and services from third parties, including users, advertisers, affiliates and sponsors thereof. Although National Podcasting System may elect to periodically screen such websites or resources for quality, links to such websites or resources on the Site do not imply any endorsement by National Podcasting System of the content, products or services available from such websites or resources. You agree that National Podcasting System is not responsible or liable for: (i) the availability or accuracy of, such third-party website or resources; (ii) the content, advertising, products or services on or available from such website or resources; or (iii) any opinions, advice, offers or other information on or available from such website or resources. You should refer to the policies posted by other website regarding privacy and other topics before you use them. You agree that National Podcasting System is not responsible for third-party content accessible through the Site, including opinions, advice, statements and advertisements, and understand that you bear all risks associated with the use of such content. If you choose to purchase any products or services from a third party, your relationship is directly with the third party. You agree that National Podcasting System is not responsible for: (a) the quality of third party products or services; and (b) fulfilling any of the terms of your agreement with a third party seller, including delivery of products or services and warranty obligations related to such purchased products or services. You agree that National Podcasting System is not responsible for any loss or damage of any sort you may incur from dealing with any third party.
Use of the Site at Your Own Risk
Viewing, running, posting, displaying, transmitting, publishing, distributing, copying, embedding or otherwise using or accessing the Site, and accessing, viewing, using, downloading, uploading, transmitting or submitting any Content is at your own discretion and risk. National Podcasting System will have no responsibility for any harm to your computer system, loss of data or any other harm that results from your use of, or access to, the Site or the Content.
Indemnity
You agree to defend, indemnify and hold National Podcasting System, and its respective officers, directors, employees, consultants, affiliates, subsidiaries and agents (collectively, the "National Podcasting System Entities"), harmless from and against any and all claims, liabilities, damages, losses and expenses, including reasonable attorneys' and accounting fees and costs, arising out of or in any way connected with your access to, distribution, publication, and general use of the Site or the Content, or your violation of this Agreement.
The Site and the Content are Available "AS-IS"
THE SITE AND THE CONTENT ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE NATIONAL PODCASTING SYSTEMENTITIES EXPLICITLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO (i) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT; (ii) any warranties arising out of course-of-dealing, usage, or trade; and (iii) any warranties that the information or results provided in, or that may be obtained from use of, OR ACCESS TO, THE Site OR THE Content are accurate, reliable, complete, up-to-date, or produce specific outcomes.
THE NATIONAL PODCASTING SYSTEM ENTITIES MAKE NO WARRANTY THAT: (i) THE SITE OR THE CONTENT WILL MEET YOUR REQUIREMENTS; (ii) THE SITE OR THE CONTENT WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; OR (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH, THE SITE OR THE CONTENT WILL MEET YOUR EXPECTATIONS, WILL BE ACCURATE, INTEROPERABLE, COMPATIBLE, TIMELY, TRUTHFUL, COMPLETE OR RELIABLE.
THE NATIONAL PODCASTING SYSTEM ENTITIES assume no liability or responsibility for any errors or omissions in THE Site or THE Content, AND make no commitment or warranty to correct any such errors or omissions or update or keep current the information contained in THE Site or THE Content. SPECIFICALLY, YOU ACKNOWLEDGE THAT YOUR RELIANCE UPON THE SITE AND/OR THE CONTENT IS AT YOUR OWN RISK AND DOES NOT CREATE ANY LIABILITY ON THE PART OF THE NATIONAL PODCASTING SYSTEM ENTITIES.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER THE NATIONAL PODCASTING SYSTEM ENTITIES NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OPERATING OR DELIVERING THE SITE OR THE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM YOUR USE OF OR ACCESS TO, OR INABILITY TO USE OR ACCESS, THE SITE OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, WHETHER OR NOT THE NATIONAL PODCASTING SYSTEM ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT THE NATIONAL PODCASTING SYSTEM ENTITIES ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, THE NATIONAL PODCASTING SYSTEM ENTITIES WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY CONTENT UPLOADED ONTO, DOWNLOADED, ACCESSED, VIEWED, USED, SUBMITTED TO OR TRANSMITTED FROM THE SITE.
YOU AGREE THAT THE AGGREGATE LIABILITY OF THE NATIONAL PODCASTING SYSTEM ENTITIES TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF OR ACCESS TO THE SITE OR THE CONTENT IS LIMITED TO ONE HUNDRED DOLLARS ($100). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE NATIONAL PODCASTING SYSTEM ENTITIES AND YOU.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Severability
In the event that any part of this Agreement is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect.
Waiver
The failure of National Podcasting System to enforce any right or provision of this Agreement will not be deemed a waiver of such right or provision.
Applicable Laws
This Agreement and all matters relating to your use of, and access to, the Site and the Content shall be governed by the laws of the State of California without regard to its conflict of law provisions. Any legal action or proceeding relating to your use of, or access to, the Site and/or the Content shall be instituted in a state or federal court in Santa Clara County, California. You and National Podcasting System agree to submit to the personal and exclusive jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.
General
This Agreement constitutes the entire and exclusive understanding and agreement between you and National Podcasting System regarding your use of, and access to, the Site and the Content. You may not assign or transfer this Agreement, in whole or in part, by operation of law or otherwise, without the prior written consent of National Podcasting System. National Podcasting System may assign this Agreement at any time without notice. This Agreement will bind and inure to the benefit of National Podcasting System's successors and assigns. The failure to require performance of any provision shall not affect National Podcasting System's right to require performance at any time thereafter, nor shall a waiver of any breach or default of this Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
Copyright & Trademark Information
All trademarks, service marks, logos, trade names and any other proprietary designations used on the Site or within the Content are trademarks or registered trademarks of National Podcasting System or its licensors. You will not delete or in any manner alter the copyright, trademark or other proprietary rights notices appearing on the Site or within the Content.
Contact Information
If you have any questions regarding this Agreement or the Site, please contact us at Nationalpod DOT com, or at:
National Podcasting System, Inc.
709A N. Shoreline Blvd.
Mountain View, CA 94043
Telephone: 650-961-3600
Fax: 650-961-3201
