Terms of use

1. USE OF THIS SITE

THESE TERMS AND CONDITIONS GOVERN YOUR USE OF EXODUSPODCASTS.COM. PLEASE CAREFULLY REVIEW THE TERMS OF USE OF THIS SITE AND THE TERMS OF OUR PRIVACY POLICY BEFORE USING THIS SITE. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, PLEASE DISCONTINUE USE OF THE SITE.

By using this site, including downloading or accessing materials, you agree to be bound by, and acknowledge your acceptance of, all of the provisions of these Terms of Use. From time to time, we may update these Terms of Use. We encourage you to periodically review these terms for any material changes. You agree to be bound by all of the provisions of these Terms of Use that are displayed on the site on the date you use the site, even if such provisions have been modified, altered, or deleted since you last used the site. Your use of the site indicates your acceptance of all of the provisions of these Terms of Use that are displayed on the site on the date of such use.

2. OWNERSHIP OF CONTENT AND INTELLECTUAL PROPERTY

2.1 Copyright and Intellectual Property Ownership

All of the audio podcasts, podcast transcripts, blog postings and PowerPoint presentations that are posted on our site (“Content”) are copyrighted by and owned by us, including the trademark Exodus Podcasts, ExodusPodcasts.com, and Exodus Interactive Forum. All right, title and interest to such Content and trademarks shall be exclusively ours, including the right to license or make derivative works of such Content.

2.2 Your Right to Access and Distribute the Content

By accessing our site or the Content, you agree that you have no rights or interest in any Content, except the right to access, listen to and/or download that material for your personal, non-commercial use. You may also freely distribute the material to others for their personal, non-commercial use, with the understanding that no other rights are being conveyed to any third parties. You may not edit, modify, rent, license, sell, distribute, republish or create derivative works from any of the Content, in whole or in part, by any means now known or later developed. We reserve all rights that we do not expressly grant to you.

2.3 Copyright Notice

2.4 Ownership of Third Party Materials

Third Party Materials are owned, or licensed by, the owner of such Third Party Materials and our use of such Third Party Materials is subject to our license with the owner. This mainly includes stock photography and other images that are used on our site. No permission to download, save or utilize such Third Party Materials is given. All rights relating to these materials are reserved to their owner. You agree to defend, indemnify and otherwise hold us harmless from any claims or liabilities arising from your unauthorized use or distribution of such Third Party Materials.

If you post our Content on any website or similar means of making it available outside of our site, including any authorized distribution, transmission, broadcast or adaptations permitted under these Terms of Use, must contain the following Copyright notice: “Copyright © 2013 ExodusPodcasts.com. Used by permission.” You may not charge or collect any Distribution Fee for the distribution of any of the Content.

2.5 Termination of License

We may terminate the rights granted to you above at any time by providing notice of termination on the site or directly to you as a user. Further, your rights shall automatically terminate without notice if you breach any of the terms or conditions of these Terms of Use. Upon termination of the License, you agree to immediately destroy, and cease all use or distribution of, any downloaded, printed or electronically stored copies of the Content.

2.6 Website Submissions

When you submit to us any content, including comments, emails, testimonials or general communications (“Submitted Content”), you hereby grant to us a perpetual, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, publicly display (or not display), create derivative works from and distribute such Submitted Content, or to incorporate such into any form, medium, or technology now known or later developed. Subject to the provisions of our Privacy Policy, this includes our ability, but not our obligation, to identify your Submitted Content by your first name and the city from which you are writing, if provided to us.

By providing Submitted Content to the site, you represent and warrant to us that: (a) you have all necessary rights in and to such content, and that the posting of such content will not infringe on any personal or proprietary rights of any third party, including its intellectual property rights; and (b) such materials are not harmful, defamatory, unlawful, threatening, obscene, lewd, lascivious or harassing.

Nothing herein shall be construed as requiring us to post any Submitted Content, and we shall have the sole discretion regarding which Submitted Content to post and which to delete. You agree that we are not liable for Submitted Content that are provided by others. We have no duty to pre-screen postings or these any Submitted Content, but we have the right to refuse to post or to edit Submitted Content.

3. LINKS TO OTHER WEBSITES

3.1 Linking To Third Party Sites from Our Site

From time to time, we may provide links on this site that will allow you to connect with websites of third-parties that are not under our control. We are providing these links only as a convenience to you. These other sites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive.

3.2 No Warranties

We make no representations or warranties concerning the content of, or the privacy practices of, websites that are not this site, even if we provide links to such websites on this site. Consequently, we accept no responsibility for, and we expressly disclaim any warranties or liability relating to, the accuracy, relevancy, copyright compliance, legality, or decency of materials displayed on, or contained in, websites linked to, or to which you are directed from, this site. You agree that your access and use of such websites, and the products and services provided in connection therewith, is at your own risk. We encourage you to review the terms of use and privacy statements posted on any third-party website, or to contact the operator of the website prior to using, or providing any information on, such third party website.

3.3 No Endorsement

Links to other websites do not imply an endorsement of the materials, products, content, ideas or comments displayed on, or disseminated at or through those websites, nor does the existence of a link to another website imply that the organization or person publishing at that website endorses any of the materials or ideas at this site.

4. DISCLAIMERS

4.1 EXCEPT FOR THE LIMITED WARRANTIES OTHERWISE EXPRESSLY STATED AND DISPLAYED ON THE SITE, ALL CONTENT IS OFFERED ON AN “AS IS” BASIS, “WITH ALL FAULTS,” AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES WHATSOEVER, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SITE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE AND/OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS OR ERRORS WILL BE CORRECTED PROMPTLY OR AT ALL; AND/OR THAT THE SITE OR CONTENT (OR HOSTING OF) WILL BE FREE OF VIRUSES, ERRORS, OR HARMFUL COMPONENTS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

4.2 WE EXPRESSLY DISCLAIM ANY WARRANTIES, REPRESENTATIONS, OR RESPONSIBILITY FOR THE ACCURACY OR COMPLETENESS OF ANY CONTENT CONTAINED, DISPLAYED, OR POSTED ON THE SITE OR OTHERWISE AVAILABLE THROUGH OUR SITE, OR ON SITES THAT LINK TO OR FROM THE SITE. ALL SUCH INFORMATION, CONTENT AND MATERIALS ARE SUBJECT TO CHANGE WITHOUT NOTICE. WE DO NOT WARRANT, OR MAKE ANY REPRESENTATIONS WITH RESPECT TO, THE USE, OR THE RESULTS THAT MAY BE ACHIEVED THROUGH SUCH USE, OF ANY OF THE SITE, AND/OR ANY CONTENT.

4.3 AT ANY TIME AND WITHOUT NOTICE, WE MAY, FOR ANY REASON WHATSOEVER AND WITHOUT INCURRING ANY LIABILITY OR OBLIGATION TO YOU OR ANY OTHER PARTY, TERMINATE OR SUSPEND THE DISPLAY, OPERATION AND/OR PROVISION OF (A) THE SITE (OR ANY PART THEREOF, INCLUDING ANY CONTENT; AND/OR (B) YOUR ACCESS TO THE SITE.

5. LIMIT OF LIABILITY

IN NO EVENT AND UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES THAT RESULT FROM YOUR USE OF, OR INABILITY TO USE, THE SITE, ANY CONTENT, OR ANY PART THEREOF, EVEN IF WE HAVE BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING OR USING ANY OF THE SITE. IF YOU ARE DISSATISFIED WITH ANY ASPECT OF THE SITE, IF YOU DO NOT AGREE WITH ANY PROVISION OF THESE TERMS OF USE, OR IF YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST OUR ORGANIZATION WITH RESPECT TO THE USE OF THE SITE, THE USE OF THE CONTENT OR THESE TERMS OF USE, THEN YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND/OR USING THE SITE.

6. GENERAL PROVISIONS

6.1 Injunctive Relief. You acknowledge and agree that the unauthorized use of our site, Content and/or Third Party Materials, could cause irreparable harm to us. Accordingly, you agree that that in the event of any unauthorized use of our site, Content or Third Party Materials, we shall be entitled to obtain an injunction proscribing such unauthorized use, without the necessity to post bond, and in addition to any other remedies available at law or in equity.

6.2 Integration. These Terms of Use, as may be amended by us from time to time, constitute our entire agreement with respect to your use of our Site and the Content. These Terms of Use supersede all prior agreements, understandings and representations between us with respect to your use of our Site and the Content. You cannot amend or alter the terms of these Terms of Use.

6.3 Severability. If any provision of these Terms of Use is finally found by a court of competent jurisdiction to be void, invalid, unenforceable or otherwise contrary to law or equity, the remaining provisions of these Terms of Use that can be given effect without such void or unenforceable term or provision, shall be given full effect and binding on the parties.

6.4 No Waiver. Our failure to enforce strict performance of any provision of these Terms of Use, or to penalize any violation by you of these Terms of Use, shall not constitute a waiver of our right to subsequently enforce such provision or any other provision of these Terms of Use, or to penalize you for any further violations of any provision of these Terms of Use.

6.5 Governing Law; Jurisdiction; Venue. These Terms of Use shall be governed by, and construed in accordance with, the laws of the State of California, without giving any effect to any principles of conflicts of law. You agree that any action at law or in equity, and/or any claim arising out of or relating to these Terms of Use, our site and the Content, shall be filed and litigated only in the state or federal courts located in Los Angeles County, California. You hereby consent and submit to the exclusive personal jurisdiction of such courts for the purposes of litigating any such action or claim.

6.6 Surviving Terms. All of the provisions of these Terms of Use, which by their nature, survive the termination of these Terms of Use, shall so survive, including without limitation, the provisions of Paragraphs 2, 3, 4, and 5.

The Terms of Use posted on this website were updated on or about August 5, 2013.