PodOmatic Terms of Service

Welcome to PodOmatic! Please carefully read our Terms of Use before using this Site or downloading any of our products, so that you are aware. These Terms and Conditions of Use (the "Terms of Use") apply to the PodOmatic web site located at www.PodOmatic.com, and all associated sites and software linked to www.PodOmatic.com by PodOmatic The site is the property of PodOmatic, Inc. ("PodOmatic") BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE. It is your responsibility to check these Terms of Use periodically for changes as PodOmatic reserves the right to change, modify, add or remove portions of these Terms of Use, at any time.

By using the Site, or downloading software or other products, you signify your irrevocable acceptance of PodOmatic's Terms of Use. You also agree to ensure that anyone who uses this software on your computer also abides by these Terms of Use. PodOmatic Inc. reserves the right to modify, change, suspend or discontinue any portion of the Site at any time. We may also impose limits on certain features or restrict your access to parts or the entire site without notice or liability. Protecting your privacy is very important to us at PodOmatic, Inc. To better protect your rights we have created the PodOmatic Privacy Policy which explains our privacy practices in detail.

PROPRIETARY RIGHTS

You acknowledge and agree that all Content available on this Site is protected by copyright, trademark, patent, trade secret, and other proprietary rights and laws. Third parties whose Content appears on the Site own the copyright in the Content original to them. Additionally, among the trademarks owned by PodOmatic Inc are: PodOmatic, podAmigo, daycast, and the PodOmatic logo. The look and feel of the Site, including our color combinations, button shapes, and other graphical elements, also are PodOmatic trademarks.

The Service provides you with the ability to upload, submit, disclose, distribute or otherwise post (hereafter, .posting.) certain content, videos, audio clips, written forum comments, data, text, photographs, software, scripts, graphics, works of authorship or other information to the publicly accessible areas of the Services (.User Submissions.). By posting User Submissions through the Service, you hereby do and shall grant PodOmatic a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Submissions in connection with the Sites, the Service and PodOmatic's (and its successors and assigns) business. You also hereby do and shall grant each user of the Sites and/or the Service a non-exclusive license to access your User Submissions through the Sites and the Service, and to use, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Sites and the Service and under these Terms of Use. For clarity, the foregoing license grant to PodOmatic does not affect your other ownership or rights in your User Submission(s), including the right to grant additional licenses to the material in your User Submission(s), unless otherwise agreed in writing.

You acknowledge that PodOmatic may or may not pre-screen Content, but that PodOmatic and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, PodOmatic shall have the right to remove any Content that violates the "Terms of Service" or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. PodOmatic will investigate notices of copyright infringement and take appropriate actions. 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 on sites linked to from this Site, please notify PodOmatic. Pursuant to Title 17, United States Code, Section 512(c)(3), a notification of claimed infringement must be a written communication addressed to the designated agent as set forth below, and must include substantially all of the following:

• a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed;
• a description of the copyrighted work or works that you claim have been infringed ("infringed work") and identification of what material in such work(s) is claimed to be infringing ("infringing work") and which you request to be removed or access to which is to be disabled;
• a description of where the material that you claim is infringing is located on the Site;
• information sufficient to permit PodOmatic to contact you, such as your physical address, telephone number, and email address;
• a statement by you that you have a good faith belief that the use of the material identified in your Notice in the manner complained of is not authorized by the copyright owner, its agent, or the law;
• a statement by you that the information in your Notice is accurate and, under penalty of perjury that you are the copyright owner or authorized to act on the copyright owner's behalf.

You may not harvest, scrape or collect information, including email addresses, user names, or other contact information about Site users, for the purpose of sending unsolicited bulk e-mail or instant messages.

Some of the features of this Site require registration. You agree to provide only accurate, complete and updated registration information, and you agree to keep such information current. You may not select and use a user name that impersonates another person or entity, belongs to another person, violates the intellectual property rights of any person or entity.

MEMBER CONDUCT

You must understand that all information, data, text, software, music, sound, photographs, graphics, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means you are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the PodOmatic services. PodOmatic cannot and does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will PodOmatic Inc. be liable in any way for any Content.

You agree not to reverse engineer, de-compile, disassemble, alter, duplicate, modify, rent, lease, loan, sublicense, make copies, create derivative works from, distribute or provide others with the Software in whole or part, transmit or communicate the application over a network.

You may not sell, transfer or communicate the Software to any third party without our prior express written consent.

You may not use, test or otherwise utilize the Software in any manner for purposes of developing or implementing any method or application that is intended to monitor or interfere with the functioning of the Software.

Users are entirely responsible for their conduct and for ensuring that it complies with all applicable copyright and data- protection laws. In the event a user fails to comply with laws regarding copyrights, other intellectual property rights, data-protection and privacy, such a user may be exposed to civil and criminal liability.

BY AGREEING TO THESE TERMS OF USE; YOU AGREE TO NEVER USE THE PODOMATIC WEB SITE OR ANY PODOMATIC PRODUCTS TO DO ANY OF THE FOLLOWING:

• Transmit, access or communicate any data that you do not have a right to transmit under any law or under contractual or fiduciary relationships;
• Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
• Transmit or communicate any data that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
• Harm minors in any way;
• Forge headers or otherwise manipulate identifiers in order to disguise the origin of any data transmitted to other users;
• Transmit, access or communicate any data that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
• Transmit or communicate any data that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• Interfere with or disrupt the Software;
• Intentionally or unintentionally violate any applicable local, state, national or international law "Stalk" or otherwise harass another;

INDEMNIFICATION

YOU AGREE TO INDEMNIFY, HOLD HARMLESS AND DEFEND PODOMATIC INC AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, CO-BRANDERS OR OTHER PARTNERS, AND EMPLOYEES, AT YOUR EXPENSE, AGAINST ANY AND ALL THIRD PARTY CLAIMS OR DEMANDS, ACTIONS, PROCEEDINGS AND SUITS AND ALL RELATED LIABILITIES, DAMAGES, SETTLEMENTS, PENALTIES, FINES COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEY'S FEES AND OTHER DISPUTE RESOLUTION EXPENSES) INCURRED BY PODOMATIC INC, DUE TO OR ARISING OUT OF DATA YOU SUBMIT,POST TO, TRANSMIT OR COMMUNICATE THROUGH THE SOFTWARE,YOUR USE OR MISUSE OF THE SOFTWARE, YOUR CONNECTION TO OTHER USERS, YOUR VIOLATION OF THIS LICENSE,OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER.

DISCLAIMER-OF-WARRANTY

The services made available at the PodOmatic site are provided "AS IS", without warranties of any kind. PodOmatic Inc expressly disclaims any representations and warranties, including without limitation, the implied warranties of merchantability and fitness for a particular purpose. PodOmatic shall have no liability in connection with the services including without limitation, any liability for damage to your computer hardware, data, information, Materials and business resulting from the services or the lack of services made available by PodOmatic. PodOmatic shall have no liability for:

1. Any loss or injury caused, in whole or in part, by its actions, omissions, or negligence, or for contingencies beyond its control, in procuring, compiling, or delivering services;
2. Any errors, omissions, or inaccuracies in the services regardless of how caused, or delays or interruptions in delivery of the services;
3. Any decision made or action taken or not taken in reliance upon the services furnished hereunder.

PodOmatic makes no warranty, representation or guaranty as to the services, sequence, accuracy, timeliness or completeness of the services or that the services may be relied upon for any reason PodOmatic makes no warranty, representation or guaranty that the services will be uninterrupted or error free or that any defects can be corrected. For purposes of this section, "PodOmatic" shall include PodOmatic, Inc., and its divisions, subsidiaries, successors, parent companies, and their employees, partners, principals, agents and representatives, and any third-party providers or sources of services or data. The sites linked from the PodOmatic Web site are not under PodOmatic's control, and PodOmatic does not assume any responsibility or liability for any communications or materials available at such linked sites. PodOmatic does not intend links on the PodOmatic Web site to be referrals or endorsements of the linked entities; they are provided for convenience only.

FEES AND PAYMENT

Some of the Services may require payment of fees. User shall pay all applicable fees, as described on the Site in connection with such Services selected by User. PodOmatic reserves the right to change its price list and to institute new charges at any time, upon ten (10) days prior notice to User, which may be sent by email or posted on the Site. Use of the Services by User following such notification constitutes User's acceptance of any new or increased charges.

TERMINATION

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 link in the global navigation bar at the top of the screen. The Account screen provides a simple no questions asked cancellation "Go Basic" link. Subscribers using Paypal are responsible to confirm cancellation via the Paypal site. PodOmatic is NOT responsible for charges occurring from improperly cancelled subscriptions. If you cancel the Service 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 Pro account.

We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Software and to terminate accounts or reclaim usernames. PodOmatic shall not be liable for any losses or damages whatsoever, whether in contract, tort or otherwise, as a result of the removal of Content, refusal to distribute Content, termination of accounts, or reclamation of usernames.

PAYMENT AND REFUND POLICY

All paid accounts are set up on a recurring subscription basis and are paid in advance. All payments made are non-refundable, in whole or in part. No refunds!

Any fees, damages, losses, penalties, charges, or lost income resulting, directly or indirectly, from subscription payments to PodOmatic, in all cases, are the sole responsibilty of the customer, and will not be reimbursed by PodOmatic.

DISPUTES

In the event of a payment dispute or chargeback being filed by the customer for a subscription payment, PodOmatic reserves the right to block all access to the associated account until the dispute is withdrawn.

LIMITATION OF LIABILITY

Under no circumstances shall PodOmatic be liable for any losses or damages whatsoever, whether in contract, tort or otherwise, from the use of, or reliance on, the Information, or from the use of the Internet generally.

For purposes of this section, "PodOmatic" shall include PodOmatic, Inc, and its divisions, subsidiaries, successors, parent companies, and their employees, partners, principals, agents and representatives, and any third-party providers or sources of information or data.

Address:

Fax: (415) 975.9901
Email: legal@podOmatic.com