Terms and Conditions

Agreement between User and Podcast Town Virtual Summit, Podcast Town and podcasttown.net
Welcome to podcasttown.net. The podcasttown.net website (the "Site") is comprised of various
web pages operated by Podcast Town ("Podcast Town"). podcasttown.net is offered to you
conditioned on your acceptance without modification of the terms, conditions, and notices
contained herein (the "Terms"). Your use of podcasttown.net constitutes your agreement to all
such Terms. Please read these terms carefully, and keep a copy of them for your reference.
The Podcast Town Virtual Summit, Podcast Town and podcasttown.net is a Forum/Online discussion Site.
The purpose of the Podcast Town Virtual Summit is to connect those interested in podcasting
through three days of live content and discussion. The event is priced in three tiers: General
Admission, Networker, and Recordings.
Electronic Communications
Visiting podcasttown.net or sending emails to Podcast Town constitutes electronic
communications. You consent to receive electronic communications and you agree that all
agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and
password and for restricting access to your computer, and you agree to accept responsibility for
all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Podcast Town is not
responsible for third party access to your account that results from theft or misappropriation of
your account. Podcast Town and its associates reserve the right to refuse or cancel service,
terminate accounts, or remove or edit content in our sole discretion.
Children Under Thirteen
Podcast Town does not knowingly collect, either online or offline, personal information from
persons under the age of thirteen. If you are under 18, you may use podcasttown.net only with
permission of a parent or guardian.
Links to Third Party Sites/Third Party Services
podcasttown.net may contain links to other websites ("Linked Sites"). The Linked Sites are not
under the control of Podcast Town and Podcast Town is not responsible for the contents of any
Linked Site, including without limitation any link contained in a Linked Site, or any changes or
updates to a Linked Site. Podcast Town is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Podcast Town of the site or any
association with its operators.
Certain services made available via podcasttown.net are delivered by third party sites and
organizations. By using any product, service or functionality originating from the podcasttown.net domain, you hereby acknowledge and consent that Podcast Town may share such information and data with any third party with whom Podcast Town has a contractual relationship to provide the requested product, service or functionality on behalf of podcasttown.net users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use
podcasttown.net strictly in accordance with these terms of use. As a condition of your use of the
Site, you warrant to Podcast Town that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the
compilation thereof, and any software used on the Site, is the property of Podcast Town or its
suppliers and protected by copyright and other laws that protect intellectual property and
proprietary rights. You agree to observe and abide by all copyright and other proprietary notices,
legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create
derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.
Podcast Town content is not for resale. Your use of the Site does not entitle you to make any
unauthorized use of any protected content, and in particular you will not delete or alter any
proprietary rights or attribution notices in any content. You will use protected content solely for
your personal use, and will make no other use of the content without the express written
permission of Podcast Town and the copyright owner. You agree that you do not acquire any
ownership rights in any protected content. We do not grant you any licenses, express or implied,
to the intellectual property of Podcast Town or our licensors except as expressly authorized by
these Terms.
Use of Communication Services
The Site may contain bulletin board services, chat areas, news groups, forums, communities,
personal web pages, calendars, and/or other message or communication facilities designed to
enable you to communicate with the public at large or with a group (collectively, "Communication
Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
Podcast Town has no obligation to monitor the Communication Services. However, Podcast
Town reserves the right to review materials posted to a Communication Service and to remove
any materials in its sole discretion. Podcast Town reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Podcast Town reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Podcast Town's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your
children in any Communication Service. Podcast Town does not control or endorse the content,
messages or information found in any Communication Service and, therefore, Podcast Town
specifically disclaims any liability with regard to the Communication Services and any actions
resulting from your participation in any Communication Service. Managers and hosts are not
authorized Podcast Town spokespersons, and their views do not necessarily reflect those of
Podcast Town.
Materials uploaded to a Communication Service may be subject to posted limitations on usage,
reproduction and/or dissemination. You are responsible for adhering to such limitations if you
upload the materials.
Materials Provided to podcasttown.net or Posted on Any Podcast Town Web Page
Podcast Town does not claim ownership of the materials you provide to podcasttown.net
(including feedback and suggestions) or post, upload, input or submit to any Podcast Town Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting,
providing or submitting your Submission you are granting Podcast Town, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein.
Podcast Town is under no obligation to post or use any Submission you may provide and may
remove any Submission at any time in Podcast Town's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and
represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
Third Party Accounts
You will be able to connect your Podcast Town account to third party accounts. By connecting
your Podcast Town account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
International Users
The Service is controlled, operated and administered by Podcast Town from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for
compliance with all local laws. You agree that you will not use the Podcast Town Content
accessed through podcasttown.net in any country or in any manner prohibited by any applicable
laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless Podcast Town, its officers, directors,
employees, agents and third parties, for any losses, costs, liabilities and expenses (including
reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or
services, any user postings made by you, your violation of any terms of this Agreement or your
violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Podcast Town reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Podcast Town in asserting any available defenses.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or
concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or
otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved
only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single
neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE
INFORMATION HEREIN. PODCAST TOWN AND/OR ITS SUPPLIERS MAY MAKE
IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
PODCAST TOWN AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT
THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY
OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS
IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. PODCAST TOWN
AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS
WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL PODCAST TOWN AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR
ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES
FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY
CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY
OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR
FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE,
OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON
CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF
PODCAST TOWN OR ANY OF ITS SUPPLIERS 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.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF
THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO
DISCONTINUE USING THE SITE.
Termination/Access Restriction
Podcast Town reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent
permitted by law, this agreement is governed by the laws of the State of Wisconsin and you hereby consent to the exclusive jurisdiction and venue of courts in Wisconsin in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between
you and Podcast Town as a result of this agreement or use of the Site. Podcast Town's
performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Podcast Town's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Podcast Town with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Podcast Town with respect to the Site and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or written, between the user and Podcast Town with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Podcast Town reserves the right, in its sole discretion, to change the Terms under which
podcasttown.net is offered. The most current version of the Terms will supersede all previous
versions. Podcast Town encourages you to periodically review the Terms to stay informed of our
updates.
Contact Us
Podcast Town welcomes your questions or comments regarding the Terms:
Podcast Town
11220 W. Burleigh Street
Wauwatosa, WI 53222
Email Address:
mayor@podcasttown.net
Telephone number:
262-278-0535
Effective as of November 17, 2020

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