Modern Podcasting Web Site Agreement
The Modern Podcasting Web Site (the "Site") is an online
information service provided by [Company Name] ("Modern
Podcasting"), subject to your compliance with the terms and
conditions set forth below. please read this document carefully
before accessing or using the site. by accessing or using the
site, you agree to be bound by the terms and conditions set forth
below. if you do not wish to be bound by these terms and
conditions, you may not access or use the site. Modern Podcasting
may modify this agreement at any time, and such modifications
shall be effective immediately upon posting of the modified
agreement on the site. you agree to review the agreement
periodically to be aware of such modifications and your continued
access or use of the site shall be deemed your conclusive
acceptance of the modified agreement.
1. Copyright, Licenses and Idea Submissions.
The entire contents of the Site are protected by international
copyright and trademark laws. The owner of the copyrights and
trademarks are Modern Podcasting, its affiliates or other third
party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH,
UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL
ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You
may print and download portions of material from the different
areas of the Site solely for your own non-commercial use provided
that you agree not to change or delete any copyright or
proprietary notices from the materials. You agree to grant to
Modern Podcasting a non-exclusive, royalty-free, worldwide,
perpetual license, with the right to sub-license, to reproduce,
distribute, transmit, create derivative works of, publicly display
and publicly perform any materials and other information
(including, without limitation, ideas contained therein for new or
improved products and services) you submit to any public areas of
the Site (such as bulletin boards, forums and newsgroups) or by
e-mail to Modern Podcasting by all means and in any media now
known or hereafter developed. You also grant to Modern Podcasting
the right to use your name in connection with the submitted
materials and other information as well as in connection with all
advertising, marketing and promotional material related thereto.
You agree that you shall have no recourse against Modern
Podcasting for any alleged or actual infringement or
misappropriation of any proprietary right in your communications
to Modern Podcasting.
TRADEMARKS
Publications, products, content or services referenced herein or
on the Site are the exclusive trademarks or servicemarks of Modern
Podcasting. Other product and company names mentioned in the Site
may be the trademarks of their respective owners.
2. Use of the Site.
You understand that, except for information, products or services
clearly identified as being supplied by Modern Podcasting, Modern
Podcastingdoes not operate, control or endorse any information,
products or services on the Internet in any way. Except for Modern
Podcasting- identified information, products or services, all
information, products and services offered through the Site or on
the Internet generally are offered by third parties, that are not
affiliated with Modern Podcasting a. You also understand that
Modern Podcasting cannot and does not guarantee or warrant that
files available for downloading through the Site will be free of
infection or viruses, worms, Trojan horses or other code that
manifest contaminating or destructive properties. You are
responsible for implementing sufficient procedures and checkpoints
to satisfy your particular requirements for accuracy of data input
and output, and for maintaining a means external to the Site for
the reconstruction of any lost data.
You assume total responsibility and risk for your use of the site
and the internet. Modern Podcasting provides the site and related
information "as is" and does not make any express or
implied warranties, representations or endorsements whatsoever
(including without limitation warranties of title or
noninfringement, or the implied warranties of merchantability or
fitness for a particular purpose) with regard to the service, any
merchandise information or service provided through the service or
on the internet generally, and Modern Podcasting shall not be
liable for any cost or damage arising either directly or
indirectly from any such transaction. It is solely your
responsibility to evaluate the accuracy, completeness and
usefulness of all opinions, advice, services, merchandise and
other information provided through the service or on the internet
generally. Modern Podcasting does not warrant that the service
will be uninterrupted or error-free or that defects in the service
will be corrected.
You understand further that the pure nature of the internet
contains unedited materials some of which are sexually explicit or
may be offensive to you. Your access to such materials is at your
risk. Modern Podcasting has no control over and accepts no
responsibility whatsoever for such materials.
Limitation of liability
In no event will Modern Podcasting be liable for (i) any
incidental, consequential, or indirect damages (including, but not
limited to, damages for loss of profits, business interruption,
loss of programs or information, and the like) arising out of the
use of or inability to use the service, or any information, or
transactions provided on the service, or downloaded from the
service, or any delay of such information or service. Even if
Modern Podcasting or its authorized representatives have been
advised of the possibility of such damages, or (ii) any claim
attributable to errors, omissions, or other inaccuracies in the
service and/or materials or information downloaded through the
service. Because some states do not allow the exclusion or
limitation of liability for consequential or incidental damages,
the above limitation may not apply to you. In such states, Modern
Podcasting liability is limited to the greatest extent permitted
by law.
Modern Podcasting makes no representations whatsoever about any
other web site which you may access through this one or which may
link to this Site. When you access a non- Modern Podcasting web
site, please understand that it is independent from Modern
Podcasting, and that Modern Podcasting has no control over the
content on that web site. In addition, a link to a Modern
Podcasting web site does not mean that Modern Podcasting endorses
or accepts any responsibility for the content, or the use, of such
web site.
3. Indemnification.
You agree to indemnify, defend and hold harmless Modern
Podcasting, its officers, directors, employees, agents, licensors,
suppliers and any third party information providers to the Service
from and against all losses, expenses, damages and costs,
including reasonable attorneys' fees, resulting from any violation
of this Agreement (including negligent or wrongful conduct) by you
or any other person accessing the Service.
4. Third Party Rights.
The provisions of paragraphs 2 (Use of the Service), and 3
(Indemnification) are for the benefit of Modern Podcasting and its
officers, directors, employees, agents, licensors, suppliers, and
any third party information providers to the Service. Each of
these individuals or entities shall have the right to assert and
enforce those provisions directly against you on its own behalf.
5. Term; Termination.
This Agreement may be terminated by either party without notice at
any time for any reason. The provisions of paragraphs 1
(Copyright, Licenses and Idea Submissions), 2 (Use of the
Service), 3 (Indemnification), 4 (Third Party Rights) and 6
(Miscellaneous) shall survive any termination of this Agreement.
6. Miscellaneous.
This Agreement shall all be governed and construed in accordance
with the laws of USA applicable to agreements made and to be
performed in USA. You agree that any legal action or proceeding
between Modern Podcasting and you for any purpose concerning this
Agreement or the parties' obligations hereunder shall be brought
exclusively in a federal or state court of competent jurisdiction
sitting in USA . Any cause of action or claim you may have with
respect to the Service must be commenced within one (1) year after
the claim or cause of action arises or such claim or cause of
action is barred. Modern Podcasting 's failure to insist upon or
enforce strict performance of any provision of this Agreement
shall not be construed as a waiver of any provision or right.
Neither the course of conduct between the parties nor trade
practice shall act to modify any provision of this Agreement.
Modern Podcasting may assign its rights and duties under this
Agreement to any party at any time without notice to you.
Any rights not expressly granted herein are reserved.