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Last updated: 07/26/23

Terms of Service

Acceptance of terms

This is a Website of The Podcast Consultant, LLC (“The Podcast Consultant”). Use by you of this Website and any other websites operated by The Podcast Consultant and its group companies (the “The Podcast Consultant Sites”), together with all associated servers (“Servers”) and all of the functions on or in or available from this Website or any other The Podcast Consultant Site or the Servers (including, without limitation all chat forums, bulletin boards or other forms of communication) is subject to the following terms and conditions (“Terms and Conditions”) and any other terms and conditions contained on, in or available through a The Podcast Consultant Site.

Content

The copyright in the material contained on, in, or available through this Website or any other The Podcast Consultant Site or Server excluding the Content (as defined in paragraph 3) but including all other information, data, text, music, sound, photographs, graphics, video messages or other materials and the selection and arrangement thereof, and all source code, software compilations and other material (“Material”) is owned by or licensed to The Podcast Consultant or its group companies. All rights are reserved. You do not have any right, interest or title in or to the Material unless otherwise expressly indicated. The trademarks, service marks, and logos (“Trade Marks”) contained on or in this Website or any other The Podcast Consultant Site or Server are registered and owned by or licensed to The Podcast Consultant or its group companies. Save as expressly stated, you do not have any right to use, copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit or disseminate the Trade Marks without the prior written consent of The Podcast Consultant or the relevant group company. You are permitted to print or download extracts of the Material for your personal use only provided that each copy contains a notice that the Material is owned by or licensed to The Podcast Consultant or its group companies. None of the Material may be used for any commercial or public use. Save as expressly stated or as necessary to view, print or download extracts of the Material for personal use, none of the Material may be copied, edited, varied, reproduced, published, displayed, distributed, stored, transmitted, commercially exploited or disseminated in any form whatsoever without the prior written consent of The Podcast Consultant or the relevant group company.

Third party products, services and downloads

You acknowledge and agree in relation to any downloads which are accessed on or via a The Podcast Consultant Site (“Download”) that (i) you have a right of license to such Download, you do not own any intellectual property rights in such Download and your use of such Download may be subject to an applicable end user licence agreement; (ii) you are not permitted to modify, copy, commercially exploit, re­sell or otherwise use a Download in any way which is contrary to applicable laws or regulations.

The Podcast Consultant Privacy Policy

If you provide information to The Podcast Consultant on or through this Website or any other The Podcast Consultant Site or Server, The Podcast Consultant will use it in accordance with the terms of its privacy policy. ​That privacy policy forms part of these Terms and Conditions and by using this Website or any other The Podcast Consultant Site or Server you acknowledge and agree that you have read and accept the terms of that privacy policy.

Disclaimer/Liability

This Website, any other The Podcast Consultant Site or Server and their facilities, Third Party Websites, links to the Third Party Websites, and any Material and Content are provided on an ‘as­is’ and ‘as available’ basis and use is at your own risk. To the maximum extent permitted by law: (a) The Podcast Consultant disclaims all liability whatsoever, whether arising in contract, tort (including negligence) or otherwise in relation to this Website, any other The Podcast Consultant Site or Server, Third Party Websites, links to Third Party Websites, Material and Content; and (b) all implied warranties, terms and conditions relating to this Website, any other The Podcast Consultant Site or Server, Third Party Websites, links to Third Party Websites, Material and Content (whether implied by statute, common law or otherwise), including (without limitation) any warranty, term or condition as to accuracy, completeness, satisfactory quality, performance, merchantability, fitness for purpose or any special purpose, non­infringement and title are, as between The Podcast Consultant and you, hereby excluded. The Podcast Consultant makes no representation or warranty that this Website, any other The Podcast Consultant Site or Server, and/or any Third Party Websites will be continuous, uninterrupted, secure or error­free. The Podcast Consultant will not be liable, in contract, tort (including, without limitation, negligence), under statute or otherwise, as a result of or in connection with this Website, any other The Podcast Consultant Site or Server, any Third Party Websites, links to Third Party Websites, the Material, Content, Downloads or any products or services offered on or through this Website or any other The Podcast Consultant Site or Server or Third Party Website, whether by The Podcast Consultant or on its behalf, for any: (a) economic loss (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings); or (b) loss of goodwill or reputation; or (c) special or indirect or consequential loss.If The Podcast Consultant is liable to you directly or indirectly in relation to this Website, any other The Podcast Consultant Site or Server, any Third Party Websites, links to Third Party Websites, the Material, Content, Downloads or any products or services offered on or through this Website or any other The Podcast Consultant Site or Server or Third Party Website, that liability (howsoever arising) shall be limited to the sums paid by you in consideration for The Podcast Consultant granting you membership to this Website or any other The Podcast Consultant site. Nothing in these Terms and Conditions shall be construed as excluding or limiting the liability of The Podcast Consultant or its group companies for death or personal injury caused by its negligence or for any other liability which cannot be excluded by US American law. This Website is controlled and operated by Productized Podcasts, LLC. The Podcast Consultant makes no representation that material contained on this Website is appropriate or available for use in other locations. Those who choose to access this Website or any The Podcast Consultant Site from other locations do so on their own initiative and are responsible for compliance with local laws if and to the extent local laws are applicable. Some jurisdictions do not allow the exclusion of implied warranties or limitation on applicable statutory rights of a consumer, so the exclusions and limitations in this section may not apply to you in whole or part.

Downloads

Without limiting the foregoing, you expressly agree that The Podcast Consultant, its officers, subsidiaries, employees and/or affiliates shall have no liability whatsoever for the performance of any software product you purchase and/or download through, or via a link from, the The Podcast Consultant Sites (“Download”). You expressly acknowledge and agree that use of any Download is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you. To the maximum extent permitted by applicable law, Downloads are provided “As Is” and without warranty of any kind, and The Podcast Consultant and its group companies hereby disclaim all warranties and conditions with respect to the Download, either express, implied or statutory, including (without limitation) the implied warranties and/or conditions of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, quiet enjoyment and non­infringement of third­party rights. The Podcast Consultant does not warrant against interference with your enjoyment of the Download, that the functions contained in the Download will be continuous, uninterrupted, secure, virus­free, or error­free, or that defects in the Download will be corrected. Should the Download prove defective, you assume the entire cost of all necessary servicing, repair or correction.

Access restriction

The Podcast Consultant reserves the right in its sole discretion to deny you access to this Website or any other The Podcast Consultant Site or Server, or any portion thereof, without notice and for any reason including, without limitation, if you fail to comply with any clause or any other provision of these Terms and Conditions. In particular, The Podcast Consultant may deny you access to this Website.

General

​These Terms and Conditions (as amended from time to time) constitute the entire agreement between you and The Podcast Consultant concerning your use of this Website or any other The Podcast Consultant Site or Server and supersede any previous arrangement, agreement, undertaking or proposal, written or oral between you and The Podcast Consultant in relation to such matters. The Podcast Consultant reserves the right to update these Terms and Conditions from time to time. If it does so, the updated version will be effective as soon as it is uploaded on to this Website. No other variation to these Terms and Conditions shall be effective unless in writing and signed by an authorised representative on behalf of The Podcast Consultant. These Terms and Conditions shall be governed by and construed in accordance with English law and you agree, for the benefit of The Podcast Consultant, to submit to the exclusive jurisdiction of the English Courts. If any provision(s) of these Terms and Conditions is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties and all other provisions shall remain in full force and effect. The Podcast Consultant’s failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by The Podcast Consultant in writing. Unless otherwise expressly stated, nothing in the Terms and Conditions shall create any rights or any other benefits whether pursuant to the Contracts (Rights of Third Parties) Act 1999 or otherwise in favour of any person other than you, The Podcast Consultant and its group of companies.