PODSHOP SOFTWARE SOLUTIONS LIMITED’S TERMS AND CONDITIONS
PODShop Software Solutions Limited (“Podshop”) - Terms & Conditions
of Use
To use this site, you must agree to PODSHOP’s Terms and Conditions of Use.
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 and Conditions of Use, 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 and Conditions of Use set forth in this document and
in any changes thereto that Podshop may publish from time to time (collectively,
the "Terms of Use").
Podshop
The Podshop Website (the "Website") is the online shopping department
store located at www.podshops.com which is a virtual company owned and operated
by PODShop Software Solutions Limited, which is a company registered in England
and Wales ("PODShop Software Solutions Limited", "Podshop",
"we," "our," or "us"). Podshop provides a Website
platform where companies, clubs, individuals, organisations and charities can set
up a Sub Domain to upload an unlimited number of products, like T-shirts, Hoodies,
Caps, Polo Shirts, and enable account holders to either purchase those items or
allow, within predetermined parameters, those users to add images and/or text to
personalise each item and then purchase them. Furthermore, a Sub Domain owner may
choose to enable individuals, companies, clubs, organisations and charities the
ability to set up their own e-shop within their Sub Domain, and choose which products
they wish to sell in their own e-shop, from the products uploaded by the Sub Domain
owner, and add images and/or text that personalises each product to their own design.
The e-shop owners can also enable account users to personalise those products they
are selling. The e-shop owners are enabled to create their own web page designs
and catalogue structure before submitting it to the Sub Domain owner to either authorise
the e-shop to go live or reject it if it fails to meet both the Sub Domain owner’s
Terms & Conditions and Podshop’s Terms of Use 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 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 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. You understand and agree that Podshop reserves the right, at its sole discretion,
to change, modify, add or remove any portion of the Website (including these Terms
of Use) in whole or in part, at any time. Your continued use of the Website after
any changes to these Terms of Use are posted will be considered acceptance of those
changes and will constitute your agreement to be bound to such new terms and you
are advised to check these Terms of Use from time to time.
REGISTERING
To use any aspect of the Podshop Website, you are required to register and provide
certain information, including a member or user name, a password, your date of birth
and a valid email address (the "Account Information"). You agree to provide
accurate Account Information and to update your Account Information as necessary
to keep it accurate. Podshop will use your Account Information in accordance with
its Privacy Policy. When you register as a User with the Website to gain access
to the online sales department store you agree that (i) you will not register an
account on behalf of any third party or use a third party’s account on their
behalf and (ii) all factual assertions you have made in the registration process
will be true and correct. You remain solely responsible for the activity that occurs
on your personal account, and you must keep your account password secure. Podshop
will not be liable for any losses howsoever caused by any unauthorized use of your
account. In particular, you agree that any content that you place on the site is
your own original material and that you are and remain the copyright holder of that
material. You agree that if you post any material that breaches copyright or any
other agreement that you remain solely liable for any costs or penalties that might
arise from that breach of copyright and absolve without limitation Podshop from
any associated civil or criminal liability.
UPDATES & PLUG-INS
Podshop may from time to time make available to all users, Updates or Plug-ins at
no cost or subject to additional fees at Podshop’s sole discretion. "Updates"
means any updates, upgrades or error corrections to the Podshop Website that Podshop
makes available generally to users of the Podshop Website. "Plug-ins"
means any options, features or additional software licensed separately from Podshop
that is designed to work in connection with the Podshop Website. Notwithstanding
anything else contained in this Agreement, Podshop will have no obligation to continue
producing or releasing new versions of the Podshop Website or any Updates or Plug-ins
related thereto. The Podshop Website utilise technology to protect transmitted digital
information. Your use of the Podshop Website may be limited by such technology.
You acknowledge that, from time to time, Podshop may modify or discontinue using
such technology. Security modifications made by Podshop may from time to time include
required or automated updates, modifications, patches, and/or reinstallations of
software. IF YOU ATTEMPT TO VIOLATE OR CIRCUMVENT ANY SYSTEM OR NETWORK SECURITY
COMPONENTS OR TECHNOLOGY, YOU MAY BE SUBJECT TO CIVIL OR CRIMINAL LIABILITY.
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. You understand
and agree that Podshop does not guarantee any degree of confidentiality with respect
to Your Materials. In connection with Your Materials, you affirm, represent, and/or
warrant that: (i) you own or have the necessary rights in and to all of Your Materials
(“Copyright”) to enable inclusion and use of Your Materials in the manner
proposed by the Website and these Terms of Use; (ii) you have the written consent,
release, and/or permission of each and every identifiable individual person in Your
Materials to enable use of Your Materials in the manner proposed by the Website
and these Terms of Use; (iii) you will not publish misrepresentations or falsehoods
that could damage Podshop or any third party; (iv) you will not submit, post or
upload Material that is Prohibited Content; (v) you will not impersonate any other
person and (vi) we shall not be required to pay or incur any sums to any person
or entity as a result of our use or exploitation of Your Materials. Without limitation,
if you submit any of Your Materials which include audiovisual materials depicting
your performance of any musical composition, sketches, or other promotional or “artistic”
material which is published by a third party, you must secure in advance (among
other applicable third party rights) and assert that you have obtained the appropriate
synchronization rights in such musical composition before uploading such Materials
to the Podshop Website.
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. 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, you should let us know using support@podshop.com as we take these matters extremely
seriously. All such reports will be fully investigated and content that breaches
these Terms of Use 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 WEB SITE
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, 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.
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. 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.
SHARING
E-shop owners.
If you are an e-shop owner who has registered with any of the Sub Domains within
the PODShop Website, you may be able to receive a portion of revenue arising from
valid end-user activity pertaining to your Materials. Subject to your compliance
with these Terms of Use, the Prohibited Content policies, the Contest Rules (if
applicable), any contractual agreements you have with the Sub Domain in which your
e-shop or e-shops is/are located, and any other applicable additional terms and
conditions provided to you in the registration process. PODShop will pay the e-shop
owner the difference between the Sub Domain minimum selling price and the eventual
selling price minus a fee of 20% on the difference ie: Sub Domain minimum selling
price £10, e-shop owner places item for sale with their image(s) attached for £15
on their e-shop(s) and subsequently sells that item, PODShop will charge a fee equivalent
to 20% on the £5. PODShop will provide the technology that enables each e-shop owner
to receive their royalty payment on the difference between the minimum selling price
and the eventual e-shop selling price, minus any and all fees so described into
their Pay Pal account.
PODShop will not be liable for any damages resulting from failure to post payments
to your account in a timely fashion and you shall not be entitled to receive interest
on any such late payments. If you dispute any payments made to you, you must notify
PODShop within thirty (30) days of receipt of such payment; failure to so notify
PODShop will result in your waiver of any claim relating to such dispute. PODShop
may change its payment terms or cancel this program at any time.
Sub Domain owners.
Podshop will pay the Sub Domain owners the net total order value from all transaction
made within their Sub Domain on their e-shops via their Pay Pal account. Podshop,
having first taken it’s agreed % for processing the orders, currently set
at 3% of the total order value without exception, associated with your Materials.
“Net Revenues” shall mean all revenues paid to Podshop from users accessing
your or your e-shop owner’s exclusive Materials in a given calendar month
from valid end-user activity. Upon uploading relevant content and assuming that
you have registered for the appropriate User account, further terms and conditions
as well as the scale of benefits available to you shall be displayed.
Podshop will not be liable for any damages resulting from failure to post payments
to your account in a timely fashion and you shall not be entitled to receive interest
on any such late payments. If you dispute any payments made to you, you must notify
Podshop within thirty (30) days of receipt of such payment; failure to so notify
Podshop will result in your waiver of any claim relating to such dispute. Podshop
may change its payment terms or cancel this program at any time.
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.
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. 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 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; (iii)
your violation of any third party right, your violation of the Sub Domain Terms
of Use, 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 your
use of the Website.
ASSIGNMENT
These Terms of Use, 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 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.
AGREEMENT TO PAY FEES AND CHARGES
If you elect to become a subscriber to the Website, you agree to pay all fees and
charges associated with your subscription on a timely basis and at any rate within
30 days of payment becoming due. All such fees and charges (including any taxes
and late fees, as applicable) will be charged on your credit card or to your Pay
Pal or bank account. You agree to maintain valid credit card and bank information
in your Account Information.
Podshop may send notices to you with respect to the Website by sending an email
message to the email address listed in your Account Information, by sending a letter
via Royal Mail or other postal service to the contact address listed in your Account
Information, or by a posting a note on the Website when you access your account.
Unless otherwise stated in the notices, the notices will become effective immediately.
DISPUTES
You agree that: (i) the Website shall be deemed solely based in the United Kingdom;
and (ii) the Website shall be deemed a passive Website that does not give rise to
personal jurisdiction over Podshop, either specific or general, in jurisdictions
other than the United Kingdom. These Terms of Use shall be governed by the laws
of the England and Wales. You agree that any and all disputes or controversies of
any nature between them arising at any time shall be determined by binding arbitration
in accordance with the rules of this jurisdiction. THE PARTIES HEREBY WAIVE THEIR
RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING OUT OF OR RELATING
TO THIS AGREEMENT WHETHER SOUNDING IN CONTRACT OR TORT AND INCLUDING ANY CLAIM FOR
FRAUDULENT INDUCEMENT THEREOF.
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, 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 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, which shall
remain in full force and effect. No waiver of any term of this or these Terms of
Use 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 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.