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WEBSITE TERMS OF USE

These Website Terms of Use ("Terms") govern your access to and use of the public informational website operated by PodPlay Technologies, LLC ("Company," "PodPlay," "we," or "us").

By accessing or using this website, you agree to be bound by these Terms.

1. Informational Purpose Only

This website is provided solely for informational purposes about PodPlay and our products and services and to allow you to contact us regarding potential licensing of our services.

No content on this website constitutes an offer, warranty, or binding commitment by PodPlay, and no contractual relationship is created between you and PodPlay by your use of this website alone.

2. Use of the Website

You may use this website only for lawful purposes and in accordance with these Terms.

You agree that you will not:

  • Use the website in any way that violates any applicable law or regulation.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the website or any server, computer, or database connected to the website.
  • Use any device, software, or routine that interferes with the proper working of the website or any activity conducted on the website.

3. Contact Forms and Inquiries

If you choose to fill out a contact form here or otherwise provide information to us through the website, you may provide information such as your name, contact details, and information about your business, in order to request information or set up a call with us.

By submitting information through the contact form, you:

  • Consent to our using the information you provide to respond to your inquiry and to contact you regarding licensing or other use of the services offered by PodPlay.
  • Acknowledge that we will not use the information you provide through the contact form for any other purpose, except as described in these Terms or our Privacy Policy.

4. Relationship to PodPlay Application and Customer Agreements

Use of this informational website is separate and distinct from any access to or use of the PodPlay Application and related services.

To access and use the PodPlay Application and related services, you will be required to enter into one or more binding agreements with PodPlay (which may include, without limitation, a Master Customer Services Agreement ("MSA"), Statement(s) of Work ("SOW(s)"), and other applicable license or services agreements, collectively, the "Documentation").

Your and your end users' rights and obligations with respect to the PodPlay Application and related services (including license grants, use restrictions, data processing, fees, warranties, and limitations of liability) will be governed solely by the applicable Documentation, not by these Terms.

5. Intellectual Property

All content on this website, including text, graphics, logos, images, and the design and arrangement thereof, is owned by or licensed to PodPlay and is protected by copyright, trademark, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable, revocable right to access and view the website and its content for your personal or internal business informational use only.

You may not copy, modify, distribute, publicly display, publicly perform, or create derivative works from any content on the website except as expressly permitted by us in writing.

Nothing on this website grants you any license or right to use any trademarks, logos, or service marks displayed on the website without our prior written permission.

6. Privacy

Our collection, use, and disclosure of personal data provided through the website (including via contact forms) is described in our Privacy Policy, which is incorporated by reference into these Terms.

By using the website or submitting information through the website, you acknowledge that you have reviewed our Privacy Policy and consent to our handling of your personal data as described there, in addition to the limited contact-form use described in Section 3 above.

7. Disclaimers

The website and all content available through it are provided on an "AS IS" and "AS AVAILABLE" basis, without warranties of any kind, whether express or implied.

To the fullest extent permitted by law, PodPlay disclaims all warranties, express or implied, including any warranties of accuracy, completeness, non-infringement, merchantability, and fitness for a particular purpose with respect to the website and any content on it.

PodPlay does not warrant that the website will be uninterrupted, secure, or error-free, or that any defects will be corrected.

8. Limitation of Liability

To the fullest extent permitted by law, in no event will PodPlay or its affiliates, licensors, or service providers be liable for any indirect, incidental, consequential, special, or punitive damages, or for any loss of profits or revenues, arising out of or in connection with your use of or inability to use the website, even if foreseeable.

To the fullest extent permitted by law, PodPlay's total aggregate liability to you for any and all claims arising out of or related to your use of the website will not exceed one hundred U.S. dollars (US $100).

These limitations are in addition to any limitations of liability contained in any Documentation that may govern your use of the PodPlay Application or related services.

9. Changes to the Website and to These Terms

We may modify, update, or discontinue all or any part of the website at any time, without notice.

We may update or amend these Terms from time to time. Any changes are effective immediately when we post the revised Terms on this website or otherwise provide notice through the website or by email, and your continued use of the website after the effective date of the revised Terms constitutes your acceptance of them.

10. Governing Law

These Terms and any dispute or claim arising out of or related to these Terms or your use of the website are governed by and construed in accordance with the internal laws of the State of New York, without giving effect to any choice or conflict of law provision or rule.

11. Contact Information

If you have any questions about these Terms or the website, you may contact us at: [email protected].



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