Terms of Use

Your use of the websites and apps on which these terms reside (collectively, the “Site”), and the features at this Site are subject to the terms on this page (“Terms”), which we may update from time to time.  Please read these Terms carefully before using this Site.  The Site is owned or controlled by Podcast Fan Club, LLC (“Company” or “we”).  This Site is intended for and applicable only for individuals age 18 or older.  If you are under 18 years of age, you may not use this Site. BY ACCESSING THIS SITE IN ANY WAY, INCLUDING, WITHOUT LIMITATION, BROWSING THIS SITE, USING ANY INFORMATION, AND/OR SUBMITTING INFORMATION TO COMPANY, YOU AGREE TO AND ARE BOUND BY THE TERMS, CONDITIONS, POLICIES AND NOTICES CONTAINED IN THESE TERMS, INCLUDING, BUT NOT LIMITED TO, CONDUCTING THIS TRANSACTION ELECTRONICALLY, DISCLAIMERS OF WARRANTIES, DAMAGE AND REMEDY EXCLUSIONS AND LIMITATIONS, BINDING ARBITRATION, AND A CHOICE OF NEW YORK LAW.

From time to time we may update this Site and these Terms. Your use of this Site after we post any changes to these Terms constitutes your agreement to those changes. You agree to review these Terms periodically to ensure that you are familiar with the most recent version. Company may, in its sole discretion, and at any time, discontinue this Site or any part thereof, with or without notice, or may prevent your use of this Site with or without notice to you.  You agree that you do not have any rights in this Site and that Company will have no liability to you if this Site is discontinued or your ability to access the Site or any content therein or that you may have posted on the Site is terminated. In addition, when using particular services, your transactions or services may be subject to additional terms and conditions applicable to such services which may be posted from time to time. This may include promotions loyalty or rewards programs.

 

Binding Arbitration

You and Company agree that any controversy or claim arising out of or relating to the Site or these Terms and/or the Privacy Policy shall be settled exclusively by binding arbitration in the location of your residence or otherwise in New York, or at such other location as may be mutually agreed upon by the parties, in accordance with the applicable procedural rules set forth in the then prevailing Comprehensive Arbitration Rules and Procedures of JAMS, subject to the JAMS Consumer Arbitration Minimum Standards (“JAMS Rules and Procedures”), unless any such rules are inapplicable to the dispute by their terms or otherwise inconsistent with these Terms.  Judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The JAMS Rules and Procedures are available at www.jamsadr.com or by calling (800) 352-5267. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. Notwithstanding the foregoing, you may assert your claims in small claims court at the location of your residence or otherwise New York in accordance with these Terms if your claims satisfy the jurisdictional requirements of such small claims court, and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The Federal Arbitration Act shall govern the enforceability, interpretation and effect of terms set forth in this provision.  Otherwise, the arbitrator shall apply New York law or applicable federal law consistent with applicable statutes of limitations, and shall honor claims of privilege recognized at law. Payment of the parties’ costs and fees owed to JAMS and the arbitrator will be determined by the JAMS Rules and Procedures and fee schedule, and in such case will be subject to any limitations on the costs and fees owed by you as provided in the JAMS Rules and Procedures.  If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Company shall be entitled to arbitrate their dispute. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL NOT BE IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Without in any way limiting the foregoing, you and Company agree that any individual arbitration commenced by you or by Company may be consolidated with any other individual arbitration(s) pending before JAMS in accordance with JAMS Comprehensive Rule 6(e), provided that either party makes such request.

BY AGREEING TO THE ARBITRATION OF DISPUTES AS SET FORTH HEREIN, YOU AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND LIMITING YOUR RIGHT TO APPEAL AND YOU UNDERSTAND THAT YOU ARE WAIVING YOUR RIGHTS TO OTHER AVAILABLE RESOLUTION PROCESSES, SUCH AS A COURT ACTION.  DO NOT USE THIS SITE IF YOU DO NOT AGREE TO THE FOREGOING BINDING ARBITRATION PROVISIONS.

 

Services

You can find more information about the services we offer and membership fees on our Site. We may offer subscriptions, special offers promotions or announcements as part of our services via email or through our Sites based on the services you purchase. Our offerings may include products and services provided in collaboration with or by third parties. We are not responsible for any products or services provided by third parties, including those we partner with to provide services, such as third party payment processors, retailers and event venues.

We will explain what is included in your membership when you subscribe. In order to register, you must provide a current, valid and acceptable payment method. Membership fees will be charged in addition to any other charges you may incur, including taxes and transaction fees. You authorize us and our third party payment processor to charge any payment method associated with your account. Billing cycles may vary, depending on when you signup and the type of subscription you selected. We reserve the right to modify our membership offerings or to adjust our rates from time to time in our own discretion and such modifications shall take effect upon notice. If you purchase or receive a pre-paid subscription code (e.g., for instance, you may purchase a membership as a gift for a friend), additional terms and conditions may apply that accompany the code that provides access to the services. “If you have questions about pre-paid subscriptions please contact the creator by emailing fanclub@audiochuck.com.  If you have questions about any of our other services, please email podfanllc@gmail.com.

Memberships will automatically renew until cancelled. You can cancel your membership at any time. You must cancel your membership before the next billing cycle to avoid being charged for the next billing cycle.  Company may issue refunds or credits in its sole discretion, however, unless prohibited by law, membership fees are non-refundable and you are not entitled to refunds or credits for partial or no use of the services. If you cancel or cause your subscription to be cancelled, Company may terminate your account immediately without further liability to you.

You may be asked to supply certain information relevant to a transaction on the Site, including, without limitation, information about your method of payment (such as your payment card number and expiration date), your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY PAYMENT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to Company the right to provide such information to third parties for purposes of facilitating the completion of transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any transaction.

 

Company Content

Content on this Site that is provided by Company or its licensors, including certain audiovisual and sound recordings, stories, messages, discussions, music, graphics, designs, photographs, images, screen shots, text, digitally downloadable files, trademarks, logos, product and program names, slogans, and the compilation of the foregoing (“Company Content”) is the property of Company and its licensors, and is protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws.

You agree not to download, display or use any Company Content located on the Site for use in any publications, in public performances, on websites other than this Site for any other commercial purpose, in connection with products or services that are not those of Company, in any other manner that is likely to cause confusion among consumers, that disparages or discredits Company and/or its licensors, that dilutes the strength of Company’s or its licensor’s property, or that otherwise infringes Company’s or its licensors’ intellectual property rights. You further agree not to reproduce, distribute, transmit or otherwise use Company Content in any way whatsoever, except as expressly permitted under these Terms. You agree to in no other way misuse any Company Content or third party content that appears on this Site. Failure to comply with your obligations under this paragraph shall constitute a material breach of these Terms.

 

Use of the Site and Posting Policy

The following requirements apply to your use of the Site: (a) you will not use any electronic communication feature of the Site for any purpose that is unlawful, tortious, abusive, exploitative, intrusive on another’s privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful; (b) you will not upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights; (c) you will not collect or store personal data about other users; (d) you will not use the Site for any commercial purpose not expressly approved by Company in writing; (e) you will not upload, post, email, or otherwise transmit any advertising or promotional materials or any other form of solicitation or unauthorized communication; (f) you will not upload, post, email, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment.

From time to time on certain areas of our Site you may be able to submit written posts and certain other materials (“User Content”).  By using these features, you agree that you will not post any content that is unlawful, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, exploitative, hateful, racist, infringing, pornographic, violent or otherwise objectionable or inappropriate as determined by Company; that you will not post any content that contains personal information about any individual, violates the privacy/publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential; that you will not impersonate any person or organization, including without limitation, the personnel of Company, or misrepresent an affiliation with another person or organization; you will not post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the Site, or feature of the Site.  You further understand and agree that you have no ownership rights in any account you may have with us, or other access to the Site or features therein.  Company may cancel your account, suspend any and all features associated with your account, and delete all User Content associated with your account at any time, and without notice, if Company deems that you have violated these Terms, the law, or for any other reason.  Company assumes no liability for any information or content removed from our Site, whether provided by Company, you or a third party, and reserves the right to permanently restrict access to the Site or a user account.

By displaying, publishing, or otherwise posting any User Content on or through the Site, you hereby grant to Company an irrevocable, perpetual, non-exclusive, sub-licensable, worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content in any and all media now known or hereinafter developed for any purpose whatsoever, including Company’s commercial purposes, without the requirement to make payment to you or to any third party or the need to seek your or any third party’s permission. This license includes the right to host, index, cache, distribute, and tag any User Content, as well as the right to sublicense User Content to third parties, including other users, for use on other media or platforms known or hereinafter developed, such as for use on mobile phones, in video or music software computer programs. You continue to retain all ownership rights in your User Content, and you continue to have the right to use your User Content in any way you choose, subject to these Terms and the license described herein.  You represent and warrant that you own the content submitted, displayed, published or posted by you on the Site and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of any content you submit, and our use thereof does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity.

You agree to indemnify and hold Company, its parents, subsidiaries, officers, employees, and website contractors and each of their officers, employees and agents harmless from any claims, damages and expenses, including reasonable attorneys’ fees and costs, related to your violation of these Terms, including the Posting Policy, or any violations thereof by your dependents or which arises from the use of User Content you submitted, posted, or otherwise provided to Company or this Site.

By using the Site, the user consents to the transmission of such information to Company and/or its agents and authorizes Company and/or its agents to record, process, and store such user information including for purposes described in the Company’s Privacy Policy.

 

Accounts, Passwords, and Security

Certain areas of the Site require registration or otherwise ask you to provide information to participate in certain features or access certain content. If you elect not to provide such information, you may not be able to access certain content or participate in certain features of the Site, or any features at all.

If the Site requires you to create an account or otherwise submit information, you must complete the specified process by providing us with current, complete, and accurate information as requested by the applicable registration form. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data, and any loss caused by your failure to do so is your responsibility. During the registration process, you may be asked to enter your name and valid e-mail address and choose a sufficiently strong password. It is your responsibility to maintain the confidentiality of your password and account. Additionally, you are entirely responsible for any and all activities that occur under your account. You agree to notify Company immediately of any unauthorized use of your account. You further agree not to email, post, or otherwise disseminate any user ID, password, or other information which provides you access, discounts or benefits to the Site, and without limiting any other remedies available to Company, Company may suspend or otherwise terminate your account upon your for failure to comply with such usage restrictions. Company is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. If you suspect your login credentials have been compromised, please notify us immediately using the support contact information provided on the relevant account login page. Company is not responsible for any delay in shutting down your account after you have reported a breach of security to us.

 

End User License for our Mobile Apps

Our mobile applications (each, an “Application”), including the software; any code, files, and images, contained in or generated by the software; accompanying data; Boot ROM code; and other embedded software; Application Updates (as defined below); documentation; and any accompanying fonts, whether in read-only memory, on any other media or in any other form are licensed to you by Company subject to these Terms. Neither title nor any intellectual property rights are transferred to you, but rather remain with Company, who owns full and complete title, and Company reserves all rights not expressly granted to you. The rights granted herein are non-transferable and are limited to Company’s intellectual property rights in the Application and do not include any other patents or intellectual property rights. These Terms do not grant you any rights to use the Application, Application Updates, or any other Company proprietary interfaces or other intellectual property in the design, development, manufacture, licensing or distribution of third-party devices and accessories for use with the Application. Any use of the Application in any manner not allowed under these Terms or the LAEULA (as defined below), including, without limitation, resale, transfer, modification or distribution of the Application or copying or distribution of text, pictures, music, video, recordings, data, hyperlinks, displays and other content provided by the Application is prohibited. These Terms do not entitle you to receive and do not obligate Company to provide hard-copy documentation, support, telephone assistance, or enhancements or updates to the Application. You may not modify, alter, copy, publicly display or perform, distribute, create derivative works, of the Application.

The use of the Site on a mobile device requires use of a mobile device and wireless mobile data service, which must be obtained from your wireless carrier, and may require internet access, which must be obtained from your service provider; you are responsible for obtaining and paying for such additional services and obtaining a suitable device, including without limitation all usage charges related thereto. You may be required to send and receive, at your cost, electronic communications related to the Site, including without limitation administrative message, service announcements, diagnostic data reports, and updates, from Company, your wireless service provider or third party service providers. If you do not have an unlimited wireless mobile data plan, you may incur additional charges from your wireless service provider in connection with your use of the Site. You are solely responsible for obtaining any additional subscription or connectivity services or equipment necessary to access the Site, including but not limited to payment of all third party fees associated therewith, including fees for information sent to or through the Site.

Except as and only to the extent permitted by applicable law, or by licensing terms governing use of open-sourced components included with the Application, you may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Application, Application Updates, or any part thereof. Any attempt to do so is a violation of the rights of Company and its licensors of the Application and Application Updates. If you breach this restriction, you may be subject to prosecution and damages. By storing content on your device, you are making a digital copy. In some jurisdictions, it is unlawful to make digital copies without prior permission from the rights holder. The Application and Application Updates may be used to reproduce materials so long as such use is limited to reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce.

Company may make available for download certain application updates or upgrades to the Application to update, enhance or further develop the Application (“Application Updates”). The license granted herein allows you to download and use the Application Updates to update the Application on any device that you own or control. These Terms do not allow you to update devices that you do not own or control, and you may not make the Application Updates available over a network where they could be used by multiple devices or multiple computers at the same time. You may not make any copies of the Application Updates, unless such copy is authorized in writing by Company.

Company may, at its discretion, automatically download Application Updates to your device. You agree to accept these Application Updates, and to pay for any costs associated with receiving them. The Application and Application Updates are subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the Application and Application Updates. These laws include restrictions on destinations, end users and end use.

 

Use of our Mobile Apps for Apple Devices

These Terms incorporate by reference the Licensed Application End User License Agreement (the “LAEULA”) published by Apple Inc. (located online at http://www.apple.com/legal/itunes/appstore/dev/stdeula/). For purposes of these Terms, each of our Applications is considered the “Licensed Application” as defined in the LAEULA and Company is considered the “Application Provider” as defined in the LAEULA. If any of these Terms conflict with the terms of the LAEULA, these Terms shall control. You further acknowledge and agree that in no event will Apple Inc. be responsible for any claims relating to our Application (including, without limitation, a third party claim that the Application infringes that third party’s intellectual property rights) or your use or possession of the Application, including but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You acknowledge and agree that, to the maximum extent permitted by applicable law, Apple Inc. will have no warranty obligation whatsoever with respect to the Application.

 

Representations, and Limitations of Liability

Company makes no representations about the reliability of the features of this Site, the Content, User Content, or any other Site feature, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material or systems will be at your own risk. Company makes no representations regarding the amount of time that any individual will be involved with the services or any Content or User Content will be provided, accessible or preserved.

Company does not endorse, verify, evaluate or guarantee any information provided by users and nothing shall be considered as an endorsement, verification or guarantee of any User Content. You shall not create or distribute information, including but not limited to advertisements, press releases or other marketing materials, or include links to any sites which contain or suggest an endorsement by Company without the prior review and written approval of Company.

The Internet may be subject to breaches of security. Company is not responsible for any resulting damage to any user’s device or computer from any such security breach, or from any virus, bugs, tampering, unauthorized intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, computer line failure or any other technical or other malfunction. You should also be aware that e-mail and other submissions over the Internet may not be secure, and you should consider this before e-mailing Company any information or posting information to the Site. Company makes no representation or warranty whatsoever regarding the suitability, functionality, performance, availability or operation of the Site or its Content. The Site may be temporarily unavailable due to maintenance or malfunction of computer equipment.

THIS SITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS SITE OR ANY INFORMATION OR SOFTWARE THEREIN. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (COLLECTIVELY, “DAMAGES”) THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS SITE, NOR SHALL COMPANY BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND COMPANY’S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE’S RECORDS, PROGRAMS, OR SERVICES. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO A NEGLIGENT ACT, WILL COMPANY OR ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DAMAGE OF ANY KIND THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND THE FOREGOING PARAGRAPH SHALL NOT APPLY TO A RESIDENT OF NEW JERSEY TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF COMPANY’S NEGLIGENT, FRAUDULENT OR RECKLESS ACT(S) OR INTENTIONAL MISCONDUCT.

 

Third Party Websites, Applications and Services

The Site may hyperlink to or include other third-party services, websites, applications, software, and other content from third-party providers such as social media partners, payment processors, wireless carriers, and third-party software application developers (“Third-Party Services”). Third-Party Services are not maintained by or related to Company. Hyperlinks are provided as a service to users and are not sponsored by or affiliated with this Site or Company, and Company makes no representations or warranties about the performance, content, completeness, or accuracy of those Third-Party Services. Company is not responsible for the availability of such Third-Party Services, and does not endorse nor is responsible or liable for any content or other materials on or available from such Third-Party Services. Your use of the Third-Party Services may be subject to additional terms, including software license terms, of those third parties.

Information you submit through a Third-Party Service is subject to the terms of that Third-Party Service’s privacy policy, and Company has no control over how your information is collected, used, or otherwise handled. Users who utilize Third-Party Services should be aware that account and other personal information held by those third parties may be transmitted through and stored on servers and/or applications located in the United States and elsewhere. You understand and agree that the companies that provide the Third-Party Services may access, use and share certain information about you, if you use the Third-Party Services. You understand and agree Company is not responsible for these companies, or their use of any other of your information. Your use of the Third-Party Services is at your own risk.

 

Miscellaneous

Both you and Company acknowledge and agree that no partnership is formed and neither of you nor Company has the power or the authority to obligate or bind the other.

These Terms will be governed by and construed in accordance with the internal laws of New York without regard to conflicts of laws principles.  By using this site, you hereby agree that any and all disputes regarding these Terms will be subject to the courts located in in New York County, New York.  You agree that, to the extent permitted by applicable law, any and all disputes, claims, and causes of action arising out of or connected with this Site and/or these Terms, will be resolved individually, without resort to any form of class action.  These Terms operate to the fullest extent permissible by law.

On certain areas of our Site, you may be given the ability to provide us with personally identifiable information. Please read our Privacy Policy for more information about our information collection and use practices.

The failure of Company to comply with these Terms because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state or local governmental authorities or for any other reason beyond the reasonable control of Company, shall not be deemed a breach of these Terms.

If Company fails to act with respect to your breach or anyone else’s breach on any occasion, Company is not waiving its right to act with respect to future or similar breaches.

If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions.

These Terms constitute a binding agreement between you and Company, and is accepted by you upon your use of the Site or your account. These Terms constitute the entire agreement between you and Company regarding the use of the Site and your account. By using the Site you represent that you are capable of entering into a binding agreement, and that you agree to be bound by these Terms.