Our Terms and Conditions

Our Terms and Conditions

Welcome to PodcastsityTV.com ( “PodcastsityTV” or “Site”). On PodcastsityTV, marketers/content creators can promote their video content, and the publisher can monetize their blogs, website, and app. (“PodcastsityTV.com”). Your use of this Site and the features at this Site are subject to these Terms and Conditions (“Terms”), which we may update from time to time. Your use of this Site after we post any changes to these Terms constitutes your agreement to those changes. PodcastsityTV may, in its sole discretion, and at any time, discontinue this Site or any part thereof, with or without notice, or may prevent your use of this Site with or without notice to you. PodcastsityTV will have no liability to you if this Site is discontinued or your ability to access it is terminated. You are only authorized to use PodcastsityTV (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and these Terms. If you do not agree with these Terms, you should immediately discontinue all use of this Site.

PodcastsityTV Content

Content on this Site provided by PodcastsityTV or its licensors, including certain artwork, graphics, photographs, images, screenshots, text, music, digitally downloadable files, video clips, trademarks, logos, product and character names, slogans, and the compilation of the foregoing (“PodcastsityTV Content”) is the property of PodcastsityTV and its licensors and is protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws. Content provided by users of the site (“Submitted Content”), including audio clips, musical works, graphics, images, trademarks, trade names, characters, and trademarks and copyrights is the property of the parties that provided that content, and is used by PodcastsityTV subject to license, or subject to the fair use provisions of U.S. copyright or trademark law or made permissible under other applicable law. Although PodcastsityTV makes every effort to ensure that all material on this site meets guidelines outlined in fair use and originality is correct, accuracy cannot be, and is not, guaranteed by PodcastsityTV.

You agree not to download, scrape technology, AI, display, or use any PodcastsityTV Content or Submitted Content located on the Site for use in any publications, in public performances, on websites other than this Site for any other commercial purpose, in connection with products or services that are not those of PodcastsityTV, in any other manner that is likely to confuse consumers, that disparages or discredits PodcastsityTV and/or its licensors, that dilutes the strength of PodcastsityTV or its licensor’s property, or that otherwise infringes PodcastsityTV’s or its licensor’s intellectual property rights. You further agree to in no other way misuse any PodcastsityTV Content or Submitted Content that appears on this Site.

Submitted Content

•       Your Submitted Content is subject to these Terms, the following terms (“Submission Rules”), and any additional terms posted for a specific feature:
•       No Illegal, Infringing, or Abusive Message Content: You understand and acknowledge that you are responsible for your Submitted Content, and agree not to submit any content that is unlawful, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent or otherwise objectionable or inappropriate as determined by PodcastsityTV.
•       No Violations of Third Party Rights: You agree that you will not post any content that contains personal information about any individual, violates the privacy/publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential. You agree that you will not impersonate any person or organization, including without limitation, the personnel of PodcastsityTV. You further agree that you will not misrepresent an affiliation with another person or organization, nor will you submit any content that contains slanderous or libelous comments about others, or that infringes any copyright, trademark, patent, trade secret, or other intellectual property right of a third party.
•       No Commercial Use: You agree that you will not post any content that contains business solicitation of any type, including advertising a product or service, offering a product or service for sale, or directing readers to a location for more information about a product or service unless prior review and written consent from the President of PodcastsityTV has been given in the agreement upon approval of Product, Service and/or Website.
•       No Viruses, Corrupting Files, or Interference: You agree that you will not submit any software, files, or links to other sites and that you will not post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the Site, or features of the Site. 
•       Use of Account Information: You may not share or transfer passwords or other access information with any other party, temporarily or permanently. PodcastsityTV does recommend a backup person for contact purposes for PodcastsityTV use only. You shall bear sole responsibility for all use of your account and for the confidentiality of your password.
•       Responsibility of Submissions: You understand and acknowledge that Submitted Content is solely your responsibility and that PodcastsityTV is not responsible for the information, data, text, or other materials that may appear in any Submitted Content. Opinions expressed in Submitted Content do not necessarily reflect the opinions of PodcastsityTV, and PodcastsityTV does not endorse and has no control over Submitted Content. Submitted Content is not necessarily reviewed by PodcastsityTV before scheduling and PodcastsityTV makes no warranties, express or implied, as to the Submitted Content or the accuracy and reliability of the Submitted Content.
•       No Monitoring/Violation Notices: PodcastsityTV does not necessarily monitor any materials submitted, transmitted, or communicated to or within the Site. If you believe that something on the Site violates these Terms, please email support@PodcastsityTV.com
•       User Termination/No Ownership: You understand and agree that you have no ownership rights in your account or other access to the Site or features therein. PodcastsityTV may cancel your Account and delete all Submitted Content associated with your Account at any time, and without notice, if PodcastsityTV deems that you have violated these Terms, the Submission Rules, the law, or for any other reason. PodcastsityTV assumes no liability for any information removed from our Site and reserves the right to restrict access to the Site or a user Account permanently.
•       No Confidentiality: The nature of this Site is interactive and public. By posting Submitted Content, you understand and acknowledge that any materials, ideas, or other communications you transmit in any manner and for any reason will not be treated as confidential or proprietary.

Ownership of Posted Content and License Thereto

•       After posting your Submitted Content to the Site, you continue to retain all ownership rights in such Submitted Content, and you continue to have the right to use your Submitted Content in any way you choose, subject to these Terms and the license described herein (“Submitted Content License”). PodcastsityTV may delete any Submitted Content that, in the sole judgment of PodcastsityTV, violates these Terms or the Submission Rules
  • You as the owner of the submitted content is fully responsible for safekeeping of the original work submitted. PodcastsityTV only requires a high quality copy for use on the site. Once completion of contract it is deleted from the server. Once deleted it is gone.
•       Scope of License: By displaying, publishing, or otherwise Submitting Content on or through the Site, you hereby grant to PodcastsityTV a limited, non-exclusive (meaning that you are free to license your Content to anyone else in addition to PodcastsityTV), sub-licensable (so that PodcastsityTV can use its affiliates, partners and other subcontractors such as Internet content delivery networks and payment processors to provide the PodcastsityTV Services), worldwide (because the Internet and PodcastsityTVs Services are global in reach), fully-paid and royalty free (meaning that PodcastsityTV is not required to pay you for the use of the Content you submit) license to use, modify (every effort will be made to preserve the integrity of your Submitted Content, but occasionally a technical modification such as compressing, addition of PodcastsityTV branded intro and outro to fill time slot is necessary), publicly perform or publicly display (for editorial or promotional purposes), reproduce, and distribute such Submitted Content without the requirement to make payment to any third party or the need to seek any third party permission. This license includes the right to host, index, cache, distribute, and tag any Submitted Content.
•       Representations: You represent and warrant that you own the Submitted Content displayed, published, or submitted by you on the Site and otherwise have the right to grant the license set forth herein, and the displaying, publishing, or submitting of your Content, and that our use thereof under the submitted Content License, does not/will not violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other intellectual property rights or other rights of any person or entity. You agree to pay all royalties, fees (including attorney fees), and any other monies owing any person by the reason of misrepresentation, unlawful copyright, trademark use, or any Submitted Content displayed, published, or submitted by you to the Site. Except for your Submitted Content, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any other Submitted Content appearing on this Site.

PAYMENTS AND REFUND POLICY:

(a) Service Fees. For the use of PodcastsityTV Services, you are required to pay applicable fees that may change from time to time subject only to your right to terminate such Service under the terms thereof. Fees vary by Service. Current fee schedules are available by contacting the progdirect@podcastsitytv.com on the Site. You are responsible for payment in full of all applicable fees incurred by your use of the service.  All fees due from you to us hereunder, including to the extent applicable, monthly subscription fees, weekly subscription fees, one-time product purchase fees, recurring fees, auto-refill fees annual renewal fees, third-party fees, applicable taxes, charge-back fees, resubmission fees, late payment fees, takedown fees, change request fees, and reinstatement fees, are referred to herein as “Service Fees”.

(b)Payment of Service Fees. You agree that we (or payment partners) may charge all Service Fees, including auto-refill charges to the payment method (e.g., credit card, PayPal account, debit card, etc.) you have provided during checkout or paying by invoice. You are responsible for the timely payment of all Service Fees. It is your responsibility to notify us if your payment method has changed by making the appropriate changes to your account settings. If you do not provide a valid payment method, or if your designated payment method is determined by us to be inactive for any reason, we may immediately discontinue providing Services to you. Purchases will appear on your credit or debit card statements as “PodcastsityTV LLC.” You agree not to cause your credit or debit card company to reverse or “chargeback” any Service Fees charged per these Terms and Conditions; and in the event you do so, we may terminate your use of the Site and Services, and you agree to reimburse us for any costs incurred in responding to such chargeback, including, without limitation, our actual costs paid to the credit or debit card company, including chargeback fees, and the value of the time our employees spend on the matter as determined in our discretion in good faith.

(c) Refunds.

If you are not satisfied or do not wish to use the Service any longer, please cancel the Service 3 days before the program is to start. We do not offer refunds for our Services once the program date has arrived or the 3 days before has expired and you have elected to continue your use of the product. For more information, please see our Refund Policy.

Indemnification

You agree to indemnify and hold PodcastsityTV, its parents, subsidiaries, officers, employees, and website contractors, and each of their officers, employees, and agents harmless from any claims, damages, and expenses, including reasonable attorneys’ fees and costs, related to your violation of these Terms, including the Submission Rules, or any violations thereof by your dependents or which arises from the use of the Submitted Content.

PodcastsityTV and the Community

PodcastsityTV and the Community work together to keep PodcastsityTV running and the Community safe. If you have concerns about PodcastsityTV or the creator on PodcastsityTV, please contact the progdirctr@podcastsitytv.com

PodcastsityTV works to ensure that the site is safe, accessible, and enjoyable to all of our members, partners, and sponsors. PodcastsityTV, at its sole discretion, may deactivate, suspend, or terminate our services and user accounts, prohibit access to areas or the entirety of the PodcastsityTV website and apps, remove content, and take other technical or legal steps to keep users off the Site if they are acting in a manner inconsistent PodcastsityTV Terms and Conditions.

You also agree that you will not:

•     Infrastructure: Utilize any technology or take any action with the intent of overloading or disrupting the normal operation of the PodcastsityTV infrastructure;
•       Permissions: Copy, use of AI (Artificial Intelligence), scraping, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for Your Information) from the Site without the prior express written permission of PodcastsityTV and any other appropriate parties;
•     Interference: Interfere or attempt to interfere with the proper working of the PodcastsityTV site, communication between users on the site, or any other activities conducted on the site, including the ranking of entries while reviewing.

Privacy/Children

On certain areas of our Site, you may be given the ability to provide us with personally identifiable information. Children under the age of 18 are not permitted to register for an Account or use other interactive features of our Site. Please read our Privacy Policy for more information about our information collection and use practices.

Third-Party Websites

This Site may hyperlink to sites not maintained or related to PodcastsityTV. Hyperlinks are provided as a service to users and are not sponsored by or affiliated with this Site or PodcastsityTV, and PodcastsityTV makes no representations or warranties about the content, completeness, or accuracy of those third-party sites. Information you submit at a third-party site accessible from this Site is subject to the terms of that site’s privacy policy, and PodcastsityTV has no control over how your information is collected, used, or otherwise handled.

Representations and Limitations of Liability

PodcastsityTV makes no representations about the reliability of the features of this Site, the PodcastsityTV Content, Submitted Content, or any other Site feature, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material and/or systems will be at your own risk. PodcastsityTV makes no representations regarding the amount of time that any PodcastsityTV Content or Submitted Content will be preserved. PodcastsityTV does not endorse, verify, evaluate, or guarantee any information provided by users, including rankings, reviews, or other Submitted Content and nothing shall be considered as an endorsement, verification, or guarantee of any ranking, review, or Submitted Content. You shall not create or distribute information, including but not limited to advertisements, press releases, or other marketing materials, or include links to any sites that contain or suggest an endorsement by PodcastsityTV without the prior review and written approval of PodcastsityTV. Notwithstanding the foregoing, you may accurately disclose and describe your participation in this Site and your Submitted Content (for example, describing and promoting your Submitted Content on a personal blog, flyers (“as seen on”), or in emails), newsletters, social media, and interviews.

THIS SITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS SITE OR ANY INFORMATION OR SOFTWARE THEREIN. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL PODCASTSITYTV BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS SITE, NOR SHALL PODCASTSITYTV BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND PODCASTSITYTVs REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE’S RECORDS, PROGRAMS, OR SERVICES. IN NO EVENT SHALL PODCASTSITYTVs TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED FIVE DOLLARS (US $5.00). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. ALTHOUGH PODCASTSITYTV.COM MAKES EFFORTS TO INSURE THAT ALL MATERIAL ON THIS SITE IS CORRECT, ACCURACY CANNOT, AND IS NOT, GUARANTEED BY PODCASTSITYTV.COM.