Last updated: June 13th, 2025
Welcome to Podomatic!
Thank you for using our products and services. The Site and Services (both as defined below) are provided by Podomatic, Inc. (“Podomatic”), located at 185 Clara Street, Suite 101C, San Francisco, CA 94107, United States.
By visiting our Site or using our Services, You are agreeing to be legally bound to these terms. Please read them carefully. If you do not agree to these terms, do not visit the Site or use the Services.
This Terms of Service Agreement (the “Agreement”) is an agreement between you (“You”, "you") and Podomatic, Inc. ("Podomatic ", "we", “our” or "us").
If You are using the Service on behalf of an entity, an organization or a company, that entity, organization or company is “you” under this Agreement and you represent and warrant that you are an authorized representative of the entity, organization or company with the authority to bind the entity, organization or company to the Agreement.
We provide users with access to certain services to create, browse, search, listen to and manage podcasts by providing general and personalized content, hosting services, communication tools, forums, mobile applications, networks, ecommerce tools, advertising services, monetization services and other services (collectively, the “Services”) through the mobile applications and the website and associated domains of (the “Site"). This Agreement explains our obligations to You, and your obligations to us. This Agreement, our Privacy Policy and any other legal notices or conditions or guidelines posted to the Site or through the Services constitute the entire agreement between us. By visiting or using the Site or Services in any way, You are agreeing to comply with and be legally bound to these terms, our Privacy Policy and any other legal notices or conditions or guidelines posted on the Site or through Services. to comply with these terms, our Privacy Policy and any other legal notices or conditions or guidelines posted on the Site or through Services.
All products and services available on the Site, including the Services, and all other products and services provided by or through Podomatic, its affiliates, subsidiaries, employees, agents, licensors or other commercial partners including, but not limited to, software, informational text, interfaces, software documentation, design of and "look and feel," layout, photographs, graphics, audio, video, messages, interactive and instant messaging, design and functions, files, documents, images, or other products, whether publicly posted or privately transmitted, as well as all derivative works thereof, are owned by us or other parties that have licensed their material or provided services to us, and are protected by copyright, trademark, trade secret and other intellectual property laws. All Podomatic trademarks and service marks, logos, slogans and taglines are the property of Podomatic. Podomatic is a trademark of Podomatic, Inc. All other trademarks, service marks, logos, slogans and taglines are the property of their respective owners. Except as otherwise specifically provided herein, nothing should be construed as granting any license or right to use any trademarks, service marks, logos, slogans or taglines displayed on the Site or through the Services without our express written permission, or the express written permission of such third-party that may own the trademark, service mark, logo, slogan or tagline.
Subject to your compliance with this Agreement and the law, Podomatic hereby grants You a limited, revocable, non-transferable and non-exclusive license to use the Site and Services. If you choose to register for an account in connection with the Services, you may do so through a user identification reference provided by Podomatic (“User ID”) to the extent, and only to the extent, necessary to access and use the Services in accordance with the terms of this Agreement. When the Services require or include downloadable software (such as the Podomatic apps), you give permission for that software to update automatically on your device. Unless such software is governed by additional terms which provide a license, Podomatic grants you a limited, revocable, non-transferable and non-exclusive license to use the software provided to you as part of the Services.
You may access the Services and/or listen to other users’ Content (as defined below) for your personal, non-commercial use only. The licenses granted in this section do not permit You, and You agree not to: a) access, download, store, copy, reproduce, republish, alter, modify, upload, post, translate, scrape, rent, lease, loan, sell, license, distribute, transfer, transmit, broadcast, display, or otherwise use any part of the Site, Services or Content except as expressly provided in this Agreement without prior written consent from Podomatic and, if applicable, the respective rights holders; or b) circumvent, disable, fraudulently engage with, decompile, reverse engineer, reverse assemble, decipher, attempt to discover any programming code or any source code used in or with the Services or otherwise interfere in any way with the Site, Services or Content. You may not sell, assign, sublicense, grant any security interest in or otherwise attempt to transfer any right in the Site, Services or other users’ Content, or create derivative works based on or in any manner commercially exploit the Site, Services or other users’ Content, in whole or in part, other than as expressly permitted in this Agreement. Any use of the Site, Services or Content for any purpose other than as specifically permitted herein or without our prior consent or the prior written consent of our licensors, as applicable, is expressly prohibited. We reserve all rights not expressly granted in this Agreement.
Upon account registration, we will provide You one User ID for your account, thereby permitting You access to the Services. You agree to fully and accurately provide the information requested by us when setting up your accounts and to regularly update such information. Your failure to do so may result in the cancellation of your account and loss of Services.
You agree to treat your User ID as confidential and you must not disclose it to any other person or entity. You also agree to notify us immediately of any unauthorized access to or use of your User ID or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
The content made available on the Site and through the Services includes, but is not limited to, information, data, text, software, music, sound, photographs, images, graphics, video, messages, branding, interactive features, metrics, products, services, and other materials (collectively, “Content”). Content may be uploaded, submitted, posted, or otherwise contributed to the Services by users, and Podomatic acts solely as a provider of hosting services for such Content pursuant to 47 U.S.C. § 230 and applicable safe harbor provisions under the Digital Millennium Copyright Act (DMCA).
All Content is the sole responsibility of the person or entity that originates or provides it. Podomatic does not control, endorse, or assume any responsibility for any Content made available through the Services and disclaims all liability to third parties arising out of such Content.
By submitting Content to the Site or through the Services, you represent and warrant that the Content complies with this Agreement and all applicable laws and regulations. You retain ownership of all rights in and to your Content, subject to the licenses granted below.
You hereby grant Podomatic, its affiliates, partners, service providers, and each of their respective licensees, successors, and assigns a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to:
a) host, store, reproduce, display, and use your Content for the purpose of providing the Services;
b) copy, adapt, encode, archive, transmit, dub, subtitle, modify, remix, create derivative works of, and distribute your Content, in whole or in part, by any media or method (including, but not limited to, internet and wireless) in connection with the Services and any third-party platforms to which you have authorized distribution;
c) use, translate, display, publish, and transmit your Content for the development, operation, and promotion of the Site, Services, and associated platforms;
d) market, promote, and advertise your Content in connection with the Services or third-party distribution platforms you authorize; and
e) insert advertisements into or monetize your Content through any lawful means.
You also grant each user of the Services, and any third-party user to whom your Content is made available, a worldwide, non-exclusive, royalty-free license to access and use your Content through the Services or such third-party platforms, consistent with the functionality of the Services and this Agreement.
Representations and Warranties
You represent and warrant that:
Compliance and Liability
You agree to comply with all applicable laws, regulations, and industry standards when submitting Content, including but not limited to:
If your Content includes endorsements, advertisements, sponsorships, or embedded promotional messages, you represent and warrant that such material is properly disclosed and compliant with all applicable laws and regulations.
You are solely responsible for maintaining backup copies of your Content. Podomatic is not responsible for any loss, corruption, or irrecoverability of Content.
Podomatic does not endorse any user Content and assumes no liability for any claims arising out of the use or misuse of Content. You understand that by posting Content, you may be exposed to legal liability if your Content violates third-party rights or applicable laws.
In connection with the Services, we may partner with third parties to give You the ability to make your Content available on their podcast audio platforms (e.g., Pandora, Google Podcasts, Spotify, Apple Podcasts, Amazon, Deezer, etc.). By choosing to make your Content available on such third-party platforms, You consent to Podomatic’s disclosure and transfer of your Content and any other information required to be sent to such third-party on your behalf. You also agree to accept and abide by any such third-party’s terms and conditions of use with respect to your Content and information provided, whether or not those terms and conditions of use are presented to You. We are not responsible or liable to You for any use of your Content or any other information by any such third-party.
By choosing to make your Content available on YouTube, You consent to Podomatic’s disclosure and transfer of your Content and any other information required to be sent to YouTube on your behalf. You also agree to accept and abide by the YouTube terms of Service (https://www.youtube.com/t/terms)
Some of our Services may require You to give us access to or require You to provide login information and password information for accounts or services You may have with third party providers. When You provide this information to us or give us access to these third party accounts, You agree that You have read all terms, conditions, contracts and written agreements governing such access, login information and passwords and that You have all the necessary contractual and legal rights to give us such access, login information and passwords.
Any questions, comments, suggestions, ideas, feedback, or other information provided by You to us (“Comments”) are not confidential and You hereby grant us a worldwide, perpetual, irrevocable, royalty-free license to reproduce, display, perform, distribute, publish, modify, edit or otherwise use such Comments as we deem appropriate, for any and all commercial and/or non-commercial purposes, in our sole discretion. You acknowledge and agree that submissions are non-confidential and non-proprietary.
Podomatic is under no obligation to host or serve Content and Podomatic may, but has no obligation to, monitor any Content. The views, messages and opinions expressed in the Content do not necessarily reflect those of Podomatic. We may disclose any information necessary or appropriate to satisfy our legal obligations, protect Podomatic or its users, or operate the Services properly. Podomatic, in its sole discretion, may refuse to post, remove, or require You to remove, any Content, in whole or in part, which is alleged to be offensive, defamatory, pornographic, child pornography, threatening, harassing, obscene, illegal, contain harmful viruses, or advocate or incite violence; that is required to be taken down by law, including the DMCA (as defined below); which infringes a third party’s rights under trademark and/or copyright law; or is in violation of this Agreement.
If You believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this Site or through the Services, please notify Podomatic. Pursuant to the Online Copyright Information Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512(c)(3)) (“DMCA”), a notification of claimed infringement must be a written communication addressed to our DMCA designated agent (named below), and must include substantially all of the following:
Our designated copyright agent to receive DMCA notices is:
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Site or Services is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
You agree to all of the following:
Podomatic retains the right at its sole discretion to deny access to anyone
to the Services, at any time and for any reason.
Podomatic may determine in its sole discretion whether or not an account is
in violation of any of these policies. Violation of any of these policies
may result in user information tracking with such information being stored
to identify the offending user. Offending users may be permanently restricted
from holding an account or using the Services. If Podomatic reasonably
determines that your account is being used in violation of any of these policies,
then your account may be immediately terminated and your data erased. We may
also report you to law enforcement officials in the appropriate jurisdictions.
Not all of the services are available in all jurisdictions.
We offer both free and paid accounts. If you choose a free account, you agree and consent that we may monetize your Content and include advertisements in your Content and that you will not receive any revenue from those advertisements or our monetization of your Content on free accounts.
If you choose to use a paid account, You may agree to a monthly, a quarterly or an annual subscription contract agreement with Podomatic which renews automatically until you cancel it. Some of the features on the Services require payment of fees, as described for each Services on the Site (“Fees”). If You sign up for these features, You must pay all applicable feature Fees. We reserve the right to change our prices and/or bundle certain parts of the Services together for pricing purposes, and may do so at any time. You authorize us to make any reasonably necessary inquiries to validate your account and financial information.
All Fees are in USD and are exclusive of all taxes, levies, or duties imposed by taxing authorities, and You are responsible for payment thereof. If You purchase any Services that we offer for a Fee, You consent to Podomatic, or our third party service providers, storing your payment card information and You authorize us to charge You (a) any Fees for Services You may purchase, and (b) any applicable taxes in connection with your use of the Services to the payment card You provide, and You will reimburse us for all collection costs and interest for any overdue amounts. If the payment card You provide expires and You do not provide new payment card information or cancel your account, You authorize us to continue billing you and You will remain responsible for any uncollected Fees.
AT THE END OF THE CONTRACT TERM, YOUR CONTRACT WILL AUTOMATICALLY RENEW FOR AN ADDITIONAL CONTRACT TERM UNTIL EXPLICITLY CANCELLED BY YOU, AND YOUR PREFERRED PAYMENT METHOD WILL BE CHARGED ACCORDINGLY. CANCELLATIONS MUST BE ISSUED VIA YOUR PODOMATIC ACCOUNT ONLY. ANY CANCELLATION MUST BE DONE THREE (3) DAYS PRIOR TO THE END OF THE CONTRACT TERM TO ALLOW FOR ADEQUATE PROCESSING TIME. NO REFUNDS WILL BE GIVEN FOR ANY DAYS REMAINING IN YOUR CURRENT BILLING CYCLE. ALL FEES ARE NON-REFUNDABLE. NO REFUND WILL BE ISSUED FOR CANCELLATION AFTER RENEWAL.
YOU ARE SOLELY RESPONSIBLE FOR PROPERLY CANCELING YOUR ACCOUNT.
AN EMAIL OR PHONE REQUEST TO CANCEL YOUR ACCOUNT IS NOT CONSIDERED CANCELLATION.
YOU CAN CANCEL YOUR ACCOUNT AT ANY TIME BY CLICKING ON THE ‘ACCOUNT & BILLING‘
LINK IN THE GLOBAL NAVIGATION BAR ON THE LEFT OF THE SCREEN,
THEN SELECTING THE BILLING TAB. THE BILLING SCREEN PROVIDES
A SIMPLE CANCELLATION "DOWNGRADE ACCOUNT" LINK.
SUBSCRIBERS USING PAYPAL ARE RESPONSIBLE FOR CONFIRMING CANCELLATION VIA THE PAYPAL SITE.
PODOMATIC IS NOT RESPONSIBLE FOR CHARGES OCCURRING FROM IMPROPERLY CANCELLED SUBSCRIPTIONS.
IF YOU CANCEL THE SERVICES BEFORE THE END OF YOUR CURRENT PAID-UP MONTH, YOUR CANCELLATION
WILL TAKE EFFECT IMMEDIATELY AND YOU WILL NOT BE CHARGED AGAIN. DELETING YOUR PODOMATIC
ACCOUNT IS NOT THE SAME AS CANCELING YOUR PAID ACCOUNT.
You should downgrade your account before you delete your account.
Only Services and features clearly indicated as "free" or "no charge" are free or without charge. It is not the responsibility of Podomatic to provide free support for You in the use and operation of Podomatic’s Services. All other applications, features, functionality and support provided by Podomatic and its partners are provided for the Fees described for each service and You are liable for such Fees.
Please contact us if you have any questions about your billing before filing a chargeback or dispute.If you file a chargeback or a dispute for a fee that is due on your account, this will be considered a breach of your obligations and we will disable your account and any data and content will be subject to cancellation and deletion. You will be responsible for chargeback fees and past amounts dues.
Cancellations must be issued via your Podomatic account only. Any cancellation must be done three (3) days prior to the end of the contract to allow adequate processing time. No refunds will be given for any days remaining in your current billing cycle. All fees are non-refundable. No refund will be issued for cancellation after the renewal.You are solely responsible for properly cancelling your account subscription. An email or phone request to cancel your subscription is not considered a cancellation. You can cancel your subscription at any time by clicking on the ‘Account” Billing’ link in the global navigation menu on the left of the screen, then selecting the ‘Billing’ tab.The Billing screen provides a simple cancellation ‘ Downgrade Account’ link.
Subscribers using Paypal are responsible for confirming cancellation via the Paypal site. Podomatic is not responsible for charges occurring from improperly cancelled subscriptions. If You cancel the Services before the end of Your current paid up period, Your cancellation will take effect immediately and You will not be charged again. Deleting your Podomatic account is not the same as canceling your paid subscription. You should downgrade your account before you delete your account.
If you cancel the Services, your cancellation will take effect immediately. After cancellation or deletion of your account, you will no longer have access to your files, data and information stored in your account and we may retain or delete all information, including your Content, in accordance with our business practices. We accept no liability for such retained or deleted information or Content.
If your account is over the allotted storage, once you cancel or downgrade your account, we reserve the right to delete, remove or restrict access to that over quota content. Podomatic may require you return your account to good standing before that content is made available back to you or listeners.
You take full responsibility for all taxes and fees of any nature associated with Services.
If you have a Free account, You agree and consent that we may monetize your Content and include advertisements in your Content and that you will not receive any revenue from those advertisements or our monetization of your Content on your free accounts. You authorize us, our partners and advertisers to place advertisements in your Content. You acknowledge and agree that we are not responsible for advertisments, ad campaigns and targeting, links within ads, landing pages or other destinations to which ads direct end users (including related URLs, waypoints, and redirects) or any advertiser’s services and products.You acknowledge and agree that we are not responsible for any ads that get played in your content. You hereby agree to (a) not disparage the advertiser or Podomatic or speak or act in any manner that will bring public ridicule, boycott, or public criticism of the advertiser or Podomatic or (b) not commit any act or conduct yourself in any manner which (as determined by us or the advertiser in its sole discretion) (i) could be a criminal offense under international, federal, state or local laws, whether such offense is charged or not; (ii) brings yourself into public disrepute, contempt, scandal, or ridicule; or (iii) is unprofessional, unethical, deceitful, discrediting, or detrimental to the reputation, character, or public standing of the advertiser or its affiliated companies or sponsors.
If you have a Paid account, our Advertisment Service allows you to monetize your Content and include dynamically and /or programmatic inserted advertisements. By joining our Advertisement Service, You authorize us, our partners and advertisers to place advertisements in your Content. You acknowledge and agree that we are not responsible for advertisments, ad campaigns and targeting, links within ads, landing pages or other destinations to which ads direct end users (including related URLs, waypoints, and redirects) or any advertiser’s services and products.
For programmatic ads, you have the right to opt out advertisements in certain IAB categories. You acknowledge and agree that we are not responsible for any mis-classified ads which should be in the opt-out categories but get played in your content.
You hereby agree to (a) not disparage the advertiser or Podomatic or speak or act in any manner that will bring public ridicule, boycott, or public criticism of the advertiser or Podomatic or (b) not commit any act or conduct yourself in any manner which (as determined by us or the advertiser in its sole discretion) (i) could be a criminal offense under international, federal, state or local laws, whether such offense is charged or not; (ii) brings yourself into public disrepute, contempt, scandal, or ridicule; or (iii) is unprofessional, unethical, deceitful, discrediting, or detrimental to the reputation, character, or public standing f the advertiser or its affiliated companies or sponsors.
If you have a paid account in good standing and join our advertisements service, You will receive a percentage of the net revenue we collect for advertisments served in your Content on any dynamically and/or programmatic advertisment.
You can still include host read advertisements in your content whether you join our monetization service or not and we will not earn any percentage of that revenue. For clarification purposes, you will earn all revenue from host read advertsisments when you include host read advertisements. Even if you have host read ads in Your Content, You can still join our monetization service and include dynamically inserted ads in which case you will earn a percentage of the net revenue that we receive from the dynamically inserted ads in your content and we will not be involved in your host read advertisement.
By “net revenue”, we mean the amount received and retained by us from advertisers for ads served in your content. Net revenue is calculated net of any taxes that are required to be collected, withheld or paid by us and net of credit card or other payment processing fees, bad debt and chargebacks (including for fraud), commissions, credits, refunds or discounts allowed or paid to advertisers.
CPM is used as a metric to determine the price of advertising and payment amounts are based on the CPM rate on the verified downloads in which the ads were served. You can view statistics for your ad campaigns in the dashboard to see the number of ad downloads served. Ad downloads may be different than your overall download numbers due to the specifications of the campaign.
We will pay you within ninety (90) days following the end of each month. Payments are based on the amounts we received in the period. We reserve the right to set a minimum payment amount. As between the parties, our records of impression counts and other metrics shall be determinative.
No payment is owed to You under our monetization and advertising service if your account is suspended or terminated by us, if you are not current in your subscription payment, if your account is not in good standing, and if we believe that you are not fully complying with the Agreement, if advertisers, or end users request that we investigate your conduct, if we receive complaints regarding you or your Content (including infringement claims), if we do not receive the relevant revenue for more than 6 months after the impression or transaction occurred, and other similar circumstances as judged by us in good faith. For clarification purposes, You will earn net revenue only when your account is in good standing and paid. If your account is delinquent and downgrades to free, then You will not earn any revenue from advertisements in Your Content.
Between you and us, we have sole control over administering all advertiser and end user transactions, including resolving transaction disputes and fraudulent activity claims (except as explicitly described above). If we make refunds, credits or discounts in excess of the amounts owed to you, you will pay us for such excess amounts within 30 days of our request.
We are entitled to offset amounts that you owe us against any payment that we make to you under our monetization and advertising service.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU WAIVE ALL CLAIMS RELATING TO ANY AMOUNTS OWED UNDER THE MONETIZATION AND ADVERTISEMENT SERVICE UNLESS A CLAIM IS MADE WITHIN 90 DAYS OF THE APPLICABLE DUE DATE.
We may make non-material changes to these Terms at any time without notice and will make any material changes with advance notice. Changes to these Terms will be posted in our terms of service page. Your participation in any of our monetization and advertisement services following any changes will constitute your acceptance of such changes. If you do not wish to continue using the monetization and advertisement services under the updated Terms, you may terminate your participation in the monetization and advertisement services.
THE USER PROVIDING THE CONTENT IS SOLELY RESPONSIBLE FOR THE ACCURACY AND APPROPRIATENESS OF ALL DATA AND INFORMATION WITHIN THE CONTENT; INCLUDING SALES TAX CALCULATIONS, PRODUCT PRICING, PRODUCT DESCRIPTIONS, SHIPPING CHARGES, CONTACT INFORMATION, EMAIL COMMUNICATIONS, AND ELECTRONIC PAYMENT PROCESSING. PODOMATIC WILL NOT BE HELD RESPONSIBLE FOR INACCURATE INFORMATION AND ANY ACTUAL OR POTENTIAL DAMAGES CAUSED BY SUCH INACCURACIES. YOU UNDERSTAND THAT PODOMATIC MAY NOT MAINTAIN COPIES OF FILES, INFORMATION OR DOCUMENTS THAT ARE SENT BY YOU AND THAT YOU ARE SOLELY RESPONSIBLE FOR BACKING UP THIS DATA.
The Site and Services may contain links to other web sites owned by third parties ("Third Party Sites"). Please note that when you click on any of these links, You are entering another website for which we have no responsibility or control. You may also have the ability through the Site or Services to login to accounts that You have for services provided by third parties (“Third Party Services”) or to link accounts for Third Party Services to your Podomatic account. Podomatic is not responsible for any activity occurring within Third Party Services, even if logged in through or linked to a Podomatic account.
You agree that we shall not be responsible for any loss or damage of any sort incurred as a result of your use of any Third Party Sites and/or Third Party Services, whether or not You were linked to or directed to a Third Party Site or Third Party Service through the Site or Services. You acknowledge that Third Party Sites and Third Party Services may be subject to the applicable third party provider’s terms and conditions, and You are solely responsible for reviewing and complying with any such terms and conditions. In no event shall any reference on the Site or Services to any third party, third party website or third party product or service be construed as an approval or endorsement by us of that third party, third party website or of any product or service provided by a third party.
THE SITE AND SERVICES ARE PROVIDED “AS IS,” “AS AVAILABLE,” “WITH ALL FAULTS” AND WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. PODOMATIC DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, RELATING TO THE SITE, SERVICES AND CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, PODOMATIC DISCLAIMS ANY WARRANTY THAT ACCESS TO THE SITE OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; NOR DOES PODOMATIC MAKE ANY REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, CURRENCY, QUALITY, COMPLETENESS, USEFULNESS, PERFORMANCE, SECURITY, LEGALITY OR SUITABILITY OF THE CONTENT, SERVICES OR THE SITE.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE, THE SERVICES AND ANY CONTENT PROVIDED IN CONNECTION THEREWITH IS AT YOUR SOLE RISK. IN ADDITION, PODOMATIC IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES (SUCH AS EMAILS, POSTING OF ANSWERS OR TRANSMISSION OF ANY OTHER USER GENERATED CONTENT) SENT THROUGH THE SITE OR SERVICES TO ANYONE.
IN ADDITION, YOU ACKNOWLEDGE AND AGREE THAT ANY DATA, INFORMATION, CONTENT, SERVICES OR PRODUCTS CONTAINED IN OR MADE AVAILABLE IN CONNECTION WITH THE SITE OR SERVICES IS NOT INTENDED AS A SUBSTITUTE FOR THE KNOWLEDGE, EXPERTISE, SKILL AND JUDGMENT THAT TAX, LEGAL OR OTHER PROFESSIONALS MAY OFFER. PODOMATIC DOES NOT PROVIDE TAX OR LEGAL ADVICE. YOU ARE RESPONSIBLE FOR OBTAINING SUCH ADVICE.
FURTHER, PODOMATIC MAKES NO REPRESENTATION OR WARRANTIES THAT THE SERVICES OR THE SITE ARE APPROPRIATE OR AVAILABLE FOR USE IN ALL GEOGRAPHIC LOCATIONS. IF YOU USE THE SITE OR THE SERVICES OUTSIDE THE UNITED STATES OF AMERICA, YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS, INCLUDING WITHOUT LIMITATION EXPORT AND IMPORT REGULATIONS OF OTHER COUNTRIES. NEITHER PODOMATIC NOR ANY THIRD PARTY PROVIDERS, PARTNERS OR AFFILIATES WARRANT THAT THE SITE, ITS SERVERS, THE PRODUCTS, THE SERVICES OR ANY E-MAIL SENT FROM THE SITE, THE SERVICES OR ANY THIRD PARTY PROVIDERS, PARTNERS OR AFFILIATES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THIS AGREEMENT APPLIES SOLELY TO THE SITE AND THE SERVICES. AS PART OF THE SERVICES PROVIDED TO OTHER PODOMATIC USERS, WE MAY HOST THIRD PARTY SITES. THIRD PARTY SITES INCLUDE CONTENT GENERATED BY THIRD PARTIES AND ARE NOT UNDER THE MANAGEMENT AND CONTROL OF PODOMATIC. PODOMATIC IS NOT RESPONSIBLE FOR SUCH THIRD PARTY SITES, INCLUDING WITHOUT LIMITATION, THE ACCURACY, SUFFICIENCY, CORRECTNESS, RELIABILITY, VERACITY, COMPLETENESS OR TIMELINESS THEREOF, ANY LINK CONTAINED THEREIN, OR ANY CHANGES OR UPDATES THERETO, OR ANY GOODS OR SERVICES SOLD THEREON. YOUR ACCESS OR USE OF ANY THIRD-PARTY SITE IS GOVERNED BY THE TERMS AND CONDITIONS APPLICABLE TO SUCH THIRD-PARTY SITE. THE HOSTING OF ANY THIRD-PARTY SITE BY PODOMATIC DOES NOT IMPLY AN ENDORSEMENT THEREOF BY PODOMATIC, OR PODOMATIC’S ENDORSEMENT OF THE PROVIDER OF SUCH CONTENT OR SERVICES, OF ANY THIRD-PARTY SITE.
WE ARE NOT LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INJURY, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR COMPUTER OR OTHERWISE, PROMOTIONAL COSTS, OR COST OF OTHER MEDIA) ARISING FROM OR IN CONNECTION WITH USE OF THE SITE, THE SERVICES, OR ANY CONTENT AVAILABLE ON OR THROUGH THE SITE OR SERVICES, WHETHER UNDER A THEORY OF BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, MALPRACTICE OR OTHERWISE, EVEN IF PODOMATIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY HOLD PODOMATIC AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, AND OUR AND THEIR OFFICERS, DIRECTORS, OFFICERS, TRUSTEES, SUBCONTRACTORS, AGENTS AND EMPLOYEES (COLLECTIVELY, “THE INDEMNIFIED PARTIES”), HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE (INCLUDING, WITHOUT LIMITATION, ACTUAL, SPECIAL, INCIDENTAL AND CONSEQUENTIAL), KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICES, SITE, OR ANY CONTENT AVAILABLE ON OR THROUGH THE SITE OR SERVICES. YOU HEREBY WAIVE THE PROVISIONS OF ANY STATE OR LOCAL LAW LIMITING OR PROHIBITING A GENERAL RELEASE. TO THE EXTENT THE FOREGOING LIMITATIONS ARE PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE INDEMNIFIED PARTIES EXCEED $100.
IN THE EVENT OF ANY PROBLEM WITH THE SITE OR THE SERVICES, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE USING THE SITE AND THE SERVICES. UNDER NO CIRCUMSTANCES SHALL ANY OF THE INDEMNIFIED PARTIES BE LIABLE IN ANY WAY FOR YOUR USE OF THE SITE, THE SERVICES OR THE CONTENT AVAILABLE ON OR THROUGH THE SITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS, ANY INFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF, OR RELATED TO, THE USE OF THE SITE, THE SERVICES OR THE CONTENT AVAILABLE ON OR THROUGH THE SITE OR SERVICES. Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the exclusions set forth above may not apply to You.
You agree to indemnify, hold harmless, and defend the Indemnified Parties from and against any and all liability, loss, claim, damages, expense, or costs (including but not limited to attorneys' fees), incurred by or made against the Indemnified Parties in connection with any claim arising from or related to (i) your use of the Services or the Site, (ii) your Content, (iii) your violation of any term of this Agreement, (iv) your violation of any third party right, including without limitation any copyright, property or privacy right, or (v) any commercial products or services You offer on or through the Site or using our Services. The foregoing includes, but is not limited to, any breach or violation of this Agreement by You or anyone utilizing your account. You agree to fully cooperate at your expense as reasonably required by an Indemnified Party. Each Indemnified Party may, at its election, assume the defense and control of any matter for which it is indemnified hereunder. You shall not settle any matter involving an Indemnified Party without the consent of the applicable Indemnified Party.
For as long as we continue to offer the Services, we will provide and seek to update, improve, and expand the Services. As a result, we allow You to access the Services as they may exist and be available on any given day and have no other obligations, except as expressly stated in this Agreement. We may modify, replace, refuse access to, suspend or discontinue the Services, partially or entirely, or change and modify prices for all or part of the Services for You or for all our users in our sole discretion. We will not be liable if, for any reason, all or any part of the Site or Services are unavailable for any period of time. All changes are effective upon their posting on our Site or through the Services, or by direct communication to You unless otherwise noted. We further reserve the right to withhold, remove and or discard any Content available as part of your account, with or without notice if deemed by us to be contrary to this Agreement.
In the event of any change to this Agreement, we will post a notice on the Site and Services that we have changed this Agreement. If You have a Podomatic account, we may (but are not required to) provide You with notice via the email address that we have on file for You that we have changed this Agreement. You and we both understand that sometimes there are issues with email communication. We are not responsible if any email notice gets caught by your SPAM filter and You do not see it, if You have given us the wrong email address or failed to update your address, or if there are other communications issues that prevent email from reaching You. Therefore, we encourage You to frequently visit this page periodically to monitor any changes. Your continued use of or access to the Site or Services following the posting of any changes to this Agreement constitutes acceptance of those changes.
We may also, in the future, offer new services and/or features through the Site or Services. For the avoidance of doubt, such new features and/or services shall be subject to the terms and conditions of this Agreement.
The formation, interpretation and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of the state of California without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of the United States of America. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the state and federal courts located in San Francisco, California, and You hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
We encourage You to carefully read our Privacy Policy, and to use the information it contains to help You make informed decisions regarding how we collect and use your information. Please also note that certain information, statements, data and content (such as photographs) which You post, upload, submit or otherwise contribute to the Site or Services are likely to reveal your name, gender, ethnic origin, nationality, age, and/or other personal information about You. You acknowledge and agree that your submission of such information is voluntary on your part. Further, You acknowledge, consent and agree that we may access, preserve, and disclose your registration and any other information you provide if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary in our opinion. Disclosures of user information to third parties are further addressed in the Privacy Policy.
You acknowledge that a violation or attempted violation of any of this Agreement will cause such damage to Podomatic as will be irreparable, the exact amount of which would be difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, You agree that Podomatic shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of these terms and conditions by You, or your affiliates, partners, or agents, as well as to recover from You any and all costs and expenses sustained or incurred by Podomatic in obtaining such an injunction, including, without limitation, reasonable attorney's fees. You agree that no bond or other security shall be required in connection with such injunction.
In no event shall You be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of Podomatic, the exploitation of any advertising or other products issued in connection therewith, or the exploitation of the Site, Services or any Content used or displayed through the Site and Services, except as described herein.