PODShop Software Solutions Limited’S LEGAL
PODShop Software Solutions Limited (“Podshop”) - Legal
To use this site, you must agree to Podshop’s Terms & Conditions of Use and Privacy
Policy. These help to keep this shopping community thriving and protect the legal
rights of all users. If you do not agree to all of these Terms & Conditions of Use
and Privacy Policy, then you may not use the Website but we still thank you for
visiting!
ACCEPTANCE OF TERMS
By using or accessing this Website community in any way, including using any services,
downloading of music or other materials or merely browsing the Website, you agree
to and are bound by the Terms & Conditions of Use and Privacy Policy and in any
changes thereto that Podshop may publish from time to time (collectively, the "Terms
of Use and Privacy Policy").
YOUR ACCEPTANCE OF THESE TERMS
By using this Website, you (“User,” “you, or “your”) agree to be legally bound by
all these Terms of Use and Privacy Policy and all other terms posted on the site
(including without limitation the Privacy Policy, Contest Rules (if applicable)
and Prohibited Content Policy). You agree that these Terms of Use and Privacy Policy
are enforceable as is any other written, negotiated agreement physically signed
by you. If you are a minor, you should talk to your parents and/or guardian about
what sites are appropriate for you.
PROMOTIONS
From time to time, Podshop or its partners and/or advertisers may conduct promotions
on or through the Website, including, without limitation, auctions, contests and
sweepstakes ("Promotions"). Each Promotion will have additional terms, conditions
and rules of entry and conduct which will be posted or otherwise made available
to you and, for purposes of each Promotion, will be deemed to be incorporated into
and form part of this agreement (the "Rules"). If any conflict arises between this
agreement and the Rules, the Rules shall govern for the purposes of your participation
or involvement in the Promotion to which the Rules relate.
POSTING MATERIALS
Podshop retains the absolute right at its discretion to reject, refuse to post or
to remove any posting and/or other materials uploaded by you that is considered
offensive, or to restrict, suspend or terminate your access to all or any part of
the Website, for any or no reason, without prior notice and without liability. You
remain solely responsible for any materials (including without limitation, any text,
images, and audio and/or visual materials) that you upload to the Website (“Your
Materials” or “Materials”) and the consequences of posting them.
INTELLECTUAL PROPERTY RIGHTS
You retain all ownership rights and Copyright in Your Materials. However, by submitting
Your Materials to the Podshop Website, you hereby grant to Podshop a worldwide,
non-exclusive, non-restrictive, royalty-free, sub-licensable, and transferable license
in perpetuity to use, make available, reproduce, distribute, transmit, prepare derivative
works of, display, edit, mix, perform, combine, superimpose, create or add special
effects and/or other materials to all or any portion of Your Materials (including
any titles of Your Materials and your name and likeness), and any audio and/or visual
excerpts thereof, in connection with the Website (and all places where some or all
of the content from the Podshop Website is available), and otherwise in connection
with any of Podshop’s activities and/or its affiliates’ and/or partners’ current
and/or future businesses, including without limitation for promoting and redistributing
part or all of the Website (or derivative works thereof) in any media formats and
through any media channels. You also hereby grant each user of the Website and any
of Podshop’s licensee sites a non-exclusive license to access and view Your Materials
dependent on their abiding by these Terms of Use and Privacy Policy. If you do not
want Podshop to share Your Materials or obtain any rights in Your Materials, please
do not upload Your Materials to the Website. Additionally, you agree to grant to
Podshop all rights to use your image, likeness, voice, name, and photograph in connection
with Your Materials in any presentations, marketing materials, reports, publicity
or advertising relating to Your Materials, Podshop and its partners and licensees,
and/or any contests. MATERIALS SUBMITTED TO PODSHOP BY OTHER USERS
Despite our best efforts, you understand and acknowledge that you (and/or your Profile
Page) may be exposed to materials that are offensive, indecent, or objectionable,
and you agree to waive, and hereby do waive, any legal or equitable rights or remedies
you have or may have against Podshop with respect thereto, and agree to indemnify
and hold Podshop, its Owners/Operators, directors, employees, affiliates, and/or
licensors, harmless to the fullest extent allowed by law regarding all matters related
to your use of the Website. Although we employ moderators to help to ensure that
Prohibited Content is not included on the Podshop Website, Podshop assumes no responsibility
for monitoring the Website for Prohibited Content or any other inappropriate user
materials or conduct. If we see anything that is objectionable materials are on
your Profile Page we will remove your Sub Domain, e-shop and/or User Profile without
exception. If you come across content that you believe infringes these Terms of
Use and Privacy Policy, you should let us know using support@podshops.com as we take
these matters extremely seriously. All such reports will be fully investigated and
content that breaches these Terms of Use and Privacy Policy may be suspended or
removed from the Podshop Website but you understand and agree that Podshop will
be under no obligation to remove any such materials or within any specified timeframe.
RESTRICTIONS
You agree that you will not: (1) use the Podshop Website to reproduce copyrighted
materials; (2) copy, store, edit, change, prepare any derivative work of or alter
in any way any of the content provided through the Podshop Website; (3) make the
Podshop Website available over a network (other than Podshop’s network) where it
could be used by others; (4) provide your password to any other person; (5) translate,
reverse engineer, decompile, disassemble, modify or create derivative works based
on the Podshop Website or any portion of them; (6) circumvent any technology used
by Podshop or its licensors to protect content accessible via the Podshop Website;
(7) rent, lease or sublicense any of the Podshop Website; or (8) 8 use the Podshop
Website in any way that violates the terms of this Agreement.
YOUR USE OF THE WEBSITE
Podshop hereby grants to you a limited, non-exclusive, non-transferable license
to access, use, exhibit, privately transmit, and display the Website as set forth
in the Terms of Use and Privacy Policy, provided that: (i) your use of the Website
as permitted is solely for your personal, non-commercial use unless you have registered
as a business or professional user; (ii) you will not copy or distribute any part
of the Website in any medium without Podshop’s prior written authorization; (iii)
you will not alter or modify any part of the Website including, without limitation,
modifying any content or materials) except as regards your own profile page or your
own micro page Sub Domain and/or e-shop; you will not use any messaging or other
functionality of the Website to SPAM others. Unless expressly permitted by Podshop,
you shall not capture, reproduce, perform, sell, license, modify, transfer, create
derivative works from or based upon, republish, upload, edit, transmit, post, publicly
display, frame, distribute, link, or otherwise exploit, in whole or in part any
content. You agree not to collect or harvest any personally identifiable information,
including account names, from the Website, nor to use the communication systems
provided by the Website for any commercial solicitation purposes. You agree not
to use or launch any automated system or tools, including without limitation, "robots,"
"spiders," or "offline readers," that access the Website in a manner that sends
more request messages to the Podshop servers in a given period of time than a human
can reasonably produce in the same period by using a convention on-line web browser,
and you may not utilize any metatags or any other hidden text utilizing Podshop’s
name or trademarks without the express written consent of PODShop Software Solutions Limited..
COPYRIGHT POLICY
You may not post or otherwise upload to the Website any material that is copyrighted,
trademarks, or other proprietary materials or intellectual property belonging to
others without obtaining the prior written consent of the owner of such proprietary
rights. Podshop will remove any of Your Materials if properly notified that such
Materials infringe Copyright or on another’s intellectual property rights. Podshop
reserves the right to terminate your access to its Website without notice or appeal
if it is determined that you repeatedly breach this or any other condition set out
in the Terms of Use and Privacy Policy.
If you are a Copyright owner or an agent thereof and believe that any Material(s)
or other content infringes upon your copyrights, you should immediately inform us
using support@podshops.com. We will suspend such Material(s) or other content and
investigate breaches of these Terms of Use and Privacy Policy. If it is determined
that a breach of Copyright has taken place, then offending content will be permanently
removed from the Website. You may also write to us including: (i) a physical or
electronic signature of a person authorized to act on behalf of the owner of an
exclusive right that is alleged to have been infringed; (ii) identification of the
copyrighted work claimed to have been infringed (such as the URL of the Material),
or, if multiple copyrighted works at a single online site are covered by a single
notification, a representative list of such works at that site; (iii) identification
of the Material that is claimed to be infringing or to be the subject of infringing
activity and that is to be removed or access to which is to be disabled and information
reasonably sufficient to permit the service provider to locate the material; (iv)
Information reasonably sufficient to permit the service provider to contact you,
including an address, a telephone number, and an email address; (v) a statement
that you have a good faith belief that use of the material in the manner complained
of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement
that the information in the notification is accurate, and under penalty of perjury,
that you are authorized to act on behalf of the owner of an exclusive right that
is allegedly infringed. In all cases, please use support@podshops.com to inform us
of any infringements of Copyright or intellectual property. Podshop seeks to preserve
any and all exemptions from liability that may be available under the copyright
law.
FRAUD
Podshop shall have the right to withhold any amount or deduct any amounts posted
to your account which Podshop determines in its discretion to have resulted from
fraudulent activity of any kind, including without limitation “click fraud” money
laundering, and/or payment for or other forms of fraudulent solicitation for clicks.
Podshop reserves the right to suspend or otherwise disable your User account pending
Podshop’s investigation of any breach of these Terms of Use and Privacy Policy or
any other Website terms by you.
PODSHOP SOFTWARE SOLUTIONS LIMITED INTELLECTUAL PROPERTY RIGHTS.
The content contained on the Website, and the trademarks, service marks and logos
contained therein, which are created by or on behalf of, or otherwise licensed to,
Podshop are owned by or licensed to PODShop Software Solutions Limited subject to copyright
and other intellectual property rights under the United Kingdom and International
laws and conventions. All rights of PODShop Software Solutions Limited’s rights in the
Podshop Website and Property are hereby expressly reserved.
AND PROPRIETARY INFORMATION
You agree not to attempt to access and not to access any information through the
Website which does not pertain to you and which you are not properly authorized
to receive.
WARRANTY DISCLAIMER
Your use of the Website shall be at your sole risk. The Website and any services
are provided on an "as is" basis. To the fullest possible extent permitted by law,
Podshop, its affiliates, and other third parties mentioned on this Website and each
of their officers, directors, employees, and agents make no representations or warranties
of any kind and specifically disclaims any such warranties, express or implied,
including, but not limited to, the implied warranties of merchantability, fitness
for a particular purpose, in connection with the Website, the Website, and your
use thereof. Podshop makes no representations or warranties that the Website, the
content, the software and servers do not violate any patent or other intellectual
property rights of any person or about the accuracy or completeness of this Website’s
content or the content of any Websites linked to this site and assumes no liability
or responsibility for any (i) errors, mistakes, or inaccuracies of content, the
services, (ii) personal injury or property damage, of any nature whatsoever, resulting
from your access to and use of our Website and services, (iii) any unauthorized
access to or use of our secure servers and/or any and all personal information and/or
financial information stored therein, (iv) any interruption or cessation of transmission
to or from our web site or services, (v) any bugs, viruses, Trojan horses, or the
like which may be transmitted to or through our Website or services by any third
party, and/or (vi) any errors or omissions in any content or for any loss or damage
of any kind incurred as a result of the use of any content posted, emailed, transmitted,
or otherwise made available via the Website. Podshop does not warrant, endorse,
guarantee, or assume responsibility for any product or service advertised or offered
by a Sub Domain, e-shop owners, third party through the Website or any hyperlinked
Website or featured in any banner or other advertising, and Podshop will not be
a party to or in any way be responsible for monitoring any transaction between you,
Sub Domains, e-shop owners and third-party providers of products or services. to
the maximum extent permitted by local law, you assume total responsibility and risk
for your use of this Website, any services, and hyperlinked Websites. No oral or
written information or advice given by Podshop or Podshop’s authorized representatives
shall create a warranty or in any way increase the scope of this warranty. As with
the purchase of any product or service through any medium or in any environment,
you should use your best judgment and exercise caution where appropriate. The Website
is controlled and offered by Podshop from its facilities in the United Kingdom.
Podshop makes no representations that the Website is appropriate or available for
use in other locations. Those who access or use the Website from other jurisdictions
do so at their own volition and are responsible for compliance with local law.
LIMITATIONS OF LIABILITY
In no event shall Podshop, its affiliates, and other third parties mentioned on
this Website, and each of their officers, directors, employees, or agents, be liable
to you for any direct, indirect, incidental, special, exemplary, punitive, consequential
or other damages whatsoever (including, without limitation, those resulting from
lost profits, lost data, or business interruption) arising out of, relating to,
or resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal
injury or property damage, of any nature whatsoever, resulting from your access
to and use of our web site, (iii) any unauthorized access to or use of our secure
servers and/or any and all personal information and/or financial information stored
therein, (iv) any interruption or cessation of transmission to or from our Website
and the services, (v) any bugs, viruses, Trojan horses, or the like, which may be
transmitted to or through our Website by any third party, and/or (vi) any errors
or omissions in any material or other content or for any loss or damage of any kind
incurred as a result of your use of any services, content or user content posted,
emailed, transmitted, or otherwise made available via the Website, whether based
on warranty, contract, tort, or any other legal theory, and whether or not Podshop
is advised of the possibility of such damages. The foregoing limitation of liability
shall apply to the fullest extent permitted by law in the applicable jurisdiction.
You specifically acknowledge that Podshop shall not be liable for content or the
defamatory, offensive, or illegal conduct of any third party and that the risk of
harm or damage from the foregoing rests entirely with you. Your sole remedy for
dissatisfaction with the Website, the services and/or hyperlinked Websites is to
stop using the Website and/or those services. Notwithstanding the foregoing, in
no event will Podshop, its affiliates, or the third party providers’ liability to
you or any third party exceed the price paid by you for your use of the Website.
INDEMNITY
You agree to defend, indemnify and hold harmless Podshop, its officers, directors,
shareholders, employees and agents, from and against any and all claims, damages,
obligations, losses, liabilities, costs or debt, and expenses (including but not
limited to any legal or attorney’s fees) arising from: (i) your use of and access
to the Website; (ii) your violation of any term of these Terms of Use and Privacy
Policy; (iii) your violation of any third party right, your violation of the Sub
Domain Terms of Use and Privacy Policy, including without limitation any copyright,
property, or privacy right; or (iv) any claim that one of Your Materials caused
damage to a third party. This defence and indemnification obligation will survive
these Terms of Use and Privacy Policy and your use of the Website.
These Terms of Use and Privacy Policy, and any rights and licenses granted hereunder,
may not be transferred or assigned by you, but may be assigned by Podshop without
restriction. You will be deemed to have consented to the disclosure to, and use
by, a subsequent owner or operator of this Website, of any information about you
contained in the Web sites database(s) to the extent that Podshop assigns its rights
and obligations regarding information about you in connection with a merger, acquisition,
or sale of all or substantially all of Podshop’s assets to a subsequent owner or
operator. In the event of such a merger, acquisition or sale, your continued use
of the Website signifies your agreement to be bound by the Terms of Use and Privacy
Policy and Privacy Policy of the Websites subsequent owner or operator. Notwithstanding
the above, you will have the opportunity to remove any content personal to you prior
to, during, and after any merger, acquisition or sale of all or substantially all
of Podshop’s assets.
OTHER
Unless otherwise addressed in this Agreement, the Website Users are subject to the
Website’s Privacy Policy, that can be found on the Website under “Privacy Policy”
and that by reference is made a part of this Agreement. It is important that you
read and understand the terms of the Website’s Privacy Policy. Podshop may cooperate
with and disclose information (including your Account Information) to any authority,
government official or third-party, without giving any notice to you, in connection
with any investigation, proceeding or claim arising from an asserted illegal action
or infringement due to your use of the Website.
These Terms of Use and Privacy Policy, together with the Privacy Policy, Prohibited
Content Policy and any other legal notices published by Podshop (including without
limitation any applicable Rules), shall constitute the entire agreement between
you and Podshop concerning the Website. If any provision of these Terms of Use and
Privacy Policy is deemed invalid by a court of competent jurisdiction, the invalidity
of such provision shall not affect the validity of the remaining provisions of these
Terms of Use and Privacy Policy, which shall remain in full force and effect. No
waiver of any term of this or these Terms of Use and Privacy Policy shall be deemed
a further or continuing waiver of such term or any other term, and your or Podshop’s
failure to assert any right or provision under these Terms of Use and Privacy Policy
shall not constitute a waiver of such right or provision. YOU AND PODSHOP AGREE
THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE
WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR BE DEEMED FOREVER WAIVED
AND BARRED. The relationship of the parties is that of independent contractors and
this Agreement does not, in whole or in part, establish or create by implication
or otherwise, any partnership, join-venture, co-ownership, or participation in a
joint or common undertaking or allow either party to create or assume any obligation
on behalf of the other party for any purpose whatsoever.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND WILL BE BOUND
BY ITS TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THIS AGREEMENT REPRESENTS
THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES
ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN
US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.