Terms and Conditions
1. Acceptance of Terms
Welcome to SonicSphere Podcasts! By accessing and using the SonicSphere Podcasts website (hereinafter referred to as "the Website") and its services, you agree to be bound by these Terms and Conditions (hereinafter referred to as "Terms"). If you do not agree to these Terms, please do not use the Website. These Terms constitute a legally binding agreement between you and SonicSphere Podcasts, a company located in San Francisco, California.
These Terms apply to all visitors, users, and others who access or use the Website. SonicSphere Podcasts reserves the right to modify these Terms at any time, and such modifications shall be effective immediately upon posting of the updated Terms on the Website. Your continued use of the Website after any such changes constitutes your acceptance of the new Terms. It is your responsibility to review these Terms periodically for updates.
2. Use of the Website
You agree to use the Website only for lawful purposes and in a manner that does not infringe the rights of, restrict, or inhibit anyone else's use and enjoyment of the Website. Prohibited behavior includes harassing or causing distress or inconvenience to any other user, transmitting obscene or offensive content, or disrupting the normal flow of dialogue within the Website.
You are responsible for ensuring that all information you provide to SonicSphere Podcasts is accurate and complete. You agree not to use any automated means, including robots, spiders, or scrapers, to access, monitor, or copy any content from the Website without our express written permission. Furthermore, you agree not to attempt to circumvent any security measures implemented on the Website.
SonicSphere Podcasts reserves the right to suspend or terminate your access to the Website at any time, without notice, if we believe that you have violated these Terms or engaged in any conduct that we deem harmful to the Website or its users.
3. Intellectual Property
The content, design, graphics, and other materials on the Website are protected by copyright, trademark, and other intellectual property laws. These materials are owned by SonicSphere Podcasts or its licensors. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made.
The SonicSphere Podcasts name and logo, and all related names, logos, product and service names, designs, and slogans are trademarks of SonicSphere Podcasts or its affiliates or licensors. You must not use such marks without the prior written permission of SonicSphere Podcasts. Any use of these trademarks without our express consent is strictly prohibited.
4. User Content
The Website may allow users to post, submit, or otherwise make available content, including comments, reviews, and other materials (hereinafter referred to as "User Content"). You retain all rights in, and are solely responsible for, the User Content you post to the Website.
By posting User Content, you grant SonicSphere Podcasts a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content throughout the world in any media. You represent and warrant that you own or otherwise control all of the rights to the User Content that you post; that the User Content is accurate; that use of the User Content you supply does not violate these Terms and will not cause injury to any person or entity; and that you will indemnify SonicSphere Podcasts for all claims resulting from User Content you supply.
SonicSphere Podcasts has the right, but not the obligation, to monitor and edit or remove any User Content. SonicSphere Podcasts takes no responsibility and assumes no liability for any User Content posted by you or any third party.
5. Disclaimer of Warranties
THE WEBSITE AND ITS CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, SONICSPHERE PODCASTS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
SONICSPHERE PODCASTS DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SONICSPHERE PODCASTS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THE WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
You expressly agree that your use of the Website is at your sole risk. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
6. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SONICSPHERE PODCASTS, ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITE OR WITH THE DELAY OR INABILITY TO USE THE WEBSITE, OR FOR ANY INFORMATION, PRODUCTS, AND SERVICES OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF SONICSPHERE PODCASTS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
In no event shall SonicSphere Podcasts' total liability to you for all damages, losses, and causes of action exceed the amount paid by you, if any, for accessing the Website.
7. Indemnification
You agree to defend, indemnify, and hold harmless SonicSphere Podcasts, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Website, including, but not limited to, your User Content, any use of the Website's content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Website.
8. Governing Law
These Terms and Conditions and any dispute or claim arising out of, or related to them, shall be governed by and construed in accordance with the internal laws of the State of California, without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Website shall be instituted exclusively in the federal or state courts located in San Francisco County, California, and you irrevocably submit to the exclusive jurisdiction of such courts.
9. Changes to Terms
SonicSphere Podcasts reserves the right, at its sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Website after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Website.
10. Contact Us
If you have any questions about these Terms and Conditions, please contact us at:
SonicSphere Podcasts
Legal Department
123 Innovation Drive
San Francisco, CA 94107
USA
Phone: (415) 555-0100
Email: [email protected]