Introduction

PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE PODCASTTOWN.NET WEBSITE OR RELATED SERVICES. YOUR ACCESS OR OTHER USE OF PODCASTTOWN.NET CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THE TERMS OF SERVICE SET FORTH BELOW. THE TERMS OF SERVICE SETS FORTH THE ENTIRE UNDERSTANDING BETWEEN YOU AND PODCAST TOWN AS TO THE SERVICES AND SUPERSEDES ANY PRIOR AGREEMENTS BETWEEN YOU AND PODCAST TOWN (INCLUDING, BUT NOT LIMITED TO, PRIOR VERSIONS OF THE TERMS OF SERVICE).

Terms of Service

Welcome to www.Podcasttown.net. This website is owned and operated by Podcast Town (“Company”).

Our mission at Podcast Town is to help subject matter experts broadcast their messages through audio marketing in order to attract quality clients. The following Terms of Service (“Terms of Service” or “Agreement”) govern our relationship with each client with whom we work. Please read these Terms of Service carefully before using this website (“Site”). Your access to and use of this Site, services, products, and tools constitutes your acceptance of and compliance with these Terms of Service. By accessing or using this Site, you agree to be bound in full by these Terms of Service. If you do not wish to be bound in full by these Terms of Service, you may not access or use the Podcasttown.net Site or Services and should exit immediately.

As trusted partners, Company and Client each agree to use their best efforts and make a good faith effort to promptly and completely perform its duties and obligations under this Agreement. Notwithstanding anything to the contrary contained herein, neither party shall be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, acts of war or terrorism, or civil unrest.

Services/Scope of Work

Company agrees to provide, and Client agrees to accept, the following Services:

Podcast Recording Services

Clients with recording services enabled on their account have access to The Company’s recording facilities at 11220 W. Burleigh, Wauwatosa, WI and may record their podcast episodes there. Each episode’s recording session is limited to 60-minutes, and includes 15-30 minute “buffers” before and after the start of the recording session. This buffer is intended to give The Client some flexibility should a session run longer than expected, or begin later than expected.

Included in Podcast Recording Services

1.  Access The Company’s recording facilities for up to 4 people at once.

a.  People not recording should wait in the waiting area.

b.  Children must be accompanied by an adult at all times.

2.  Use of professional recording equipment.

3.  A live producer to facilitate the recording session.

4.  Use of phone call-in line via client supplied phone device and/or bluetooth connection for remote guests.

5.  Access to high speed internet.

6.  A lossless .wav file containing the entire recording.

a.  Each speaker will have their own recording.

b.  Remote guest recordings provided in uncompressed .wav files.

Podcast Production Services

“Podcast Production Services” refers to any work done to Client’s audio files after they’ve been recorded in order to make them sound better, whether the audio files were recorded at the Company’s facilities or elsewhere. Podcast Production Services include:

A.  Production of up to (60) minutes of raw recorded audio

B.  Removal of mistakes, long pauses, coughs, sneezes, loud sniffs, and other things which should not make it into the finished product

C.  Engineering of audio, which includes:

1. best effort audio repair

2. equalization of each voice

3. breath reduction

4. spectral and voice de-noising

5. mouth de-clicking

6. de-essing

D. Normalization of compression and loudness

E.  Completed files

F.  File storage services

Client shall have access to the following recording services:

A.  Access to Company’s recording facilities for up to (4) people in the recording space at once

B.  Use of professional recording equipment

C.  One live producer to facilitate the recording session

D. Use of phone call-in line via client-supplied phone device and/or Bluetooth connection for remote guests

E.  Access to high-speed internet service

F.  Lossless.wav file containing the entire recording

Turn Around And Delivery

Client can expect that audio recorded at Company’s recording facilities which is not immediately submitted for post-production shall be turned around within (24) hours of the completion of the recording session. Audio submitted for post-production shall be turned around within (5) business days, excluding major holidays, from the day it was submitted to Company.

Podcast Promotion Services

Client understands that their full cooperation is required in order for their program to move forward at the proper pace. Clients with promotion services enabled on their account agree to promptly and diligently complete tasks assigned to them by Company in a timely manner, and to request clarification from Company when clarification is needed in order to complete the tasks assigned. Client’s failure to promptly and diligently complete tasks assigned will result in delays and may impact the release date and/or delivery of Services.

Podcast Town Online Community

By accessing and using this Service, you accept and agree to be bound by the terms and provision of this agreement. If you disagree with any part of the terms then you may not access the Service.

Content

You are responsible for all content you contribute, in any manner, to the Service, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it.

Defamation Protections

You agree not to post any content that is defamatory, libelous, offensive, or otherwise violates any law or right of any third party. If such a violation occurs, you agree to indemnify us from any claims resulting from any such wrongful actions on your part.

Non-Compete

You agree not to use the Service to promote or conduct business for a competing organization or business. Any such activities will be grounds for immediate termination of your account.

Intellectual Property

Unless otherwise stated, all materials contained on or within the Service, including, but not limited to, text, graphics, images, code, illustrations, designs, icons, photographs, video clips, and written and other materials (collectively, "Content"), as well as their selection and arrangement, are protected by copyright, trademark, trade dress, patent, and/or other intellectual property laws.

Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. What constitutes a material change will be determined at our sole discretion.

Launch Program (Onboarding)

Client understands and agrees that, in entering into this Agreement, the first month of service will be devoted to the onboarding process. The Onboarding Process takes (30) calendar days, wherein Company and Client will work together to:

1) record, edit, and complete (1) month of episodes; and 2) work out a production, post-production, and publication schedule.

No podcast episodes will be released during the Onboarding Process. The first of the podcast episodes completed during the Onboarding Process will be released on the first date of the second month of services provided under this Agreement.

The (30) day Onboarding Process is required under this Agreement. Should Client find this process untenable, then please exit this Site immediately as Company will be unable to enter into an agreement for services with Client.

Ongoing Production After Launch

Once episodes begin releasing, Client is expected to record and submit raw podcast audio or video recordings each month in accordance with their subscription and this Terms of Service. Client is responsible for ensuring that sufficient raw podcast audio recordings are received by Company so that a minimum of a (30)-day buffer is maintained between production and release. If Client and Company determine together to skip an episode (to allow for, e.g., vacation, illness, unforeseen production complications, etc.), then Company and Client will agree, in advance, to a future date when the episode will be recorded and submitted. If the (30)-day buffer is depleted and Client is unable to submit further raw podcast audio recordings, then Client is required to pause publication until a sufficient (30)-day buffer is rebuilt.

Subscription

The Company provides its service on a subscription basis, meaning Client will prepay, on a monthly basis, for access to Company’s Services. Client will ensure that a valid credit card is provided to Company and remains valid for the duration of the Agreement. Client will be billed for the agreed amount, in advance, each month, to the credit card on file for these Services. If a payment fails for any reason, Client’s account will be placed on a temporary suspension until the billing issue is resolved. Failure to resolve a failed payment within 30 consecutive days will result in the termination of the service. Podcast subscription payments are non-refundable.

Episode Submission Terms

By submitting an episode, you waive the right to make any claim against Podcast Town or any of its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders related to the episode, including, but not limited to, unfair competition, intellectual property infringement, invasion of privacy, negligence, breach of implied contract or breach of confidentiality, and any right of attribution you may have in any materials uploaded or sent to us by you. You represent and warrant that your episode:

a. shall be true, accurate, current, complete and not misleading;

b. shall not violate the rights of any third party, including, but not limited to, intellectual property and proprietary rights;

c. shall not be fraudulent or involve counterfeit or stolen information or items;

d. shall not violate any law, statute, ordinance or regulation; and

e. shall not create any liability for Podcasttown.net, Podcast Town, or any of its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders.

You also agree to maintain and promptly update your episode in order to keep that information true, accurate, current and complete.

You further represent and warrant that you:

a. own or have the necessary licenses, rights, consents and permissions to use and authorize Podcasttown.net to use all patent, trademark, trade secret, copyright or other proprietary rights in and to your episode to enable inclusion and use of the episode in the manner contemplated by this Terms of Service; and

b. have any and all necessary written consents, releases, and/or permissions of each and every identifiable individual person in the episode to use their name, picture and likeness in the manner contemplated by this Terms of Service.

Rescheduling

Client is solely responsible for recording and providing their audio to Company, in the pre-specified frequency. Company will make a reasonable effort to accommodate Client’s request for a make-up recording session if given advanced notice. However, Company reserves the right to decline a request if said request is received after the scheduled recording date, interferes with another client’s project, or if multiple last-minute rescheduling requests are received from Client.

Liability

Client agrees that it is solely responsible for maintaining the safe and proper condition of the studio while using the facilities. As such, Client agrees that in exchange for access to Podcasttown.net Services and studio facilities, it shall at all times maintain the facilities in good condition, and will not commit damage or suffer any deterioration to the equipment or facilities thereof, or conduct any unlawful occupation or business thereon. Client agrees to refrain from bringing any children under the age of (17), pets of any size or kind, or any food or beverage into the studio facilities. Podcasttown.net/Podcast Town is a non-smoking facility, and any and all smoking paraphernalia, whether legal or illegal, are prohibited in their entirety from being on premises. Client will be promptly notified by Company should any damage or loss be discovered after Client’s usage of the studio facilities, for which Client will be held financially liable. Failure to fully comply with this provision may result in early termination of this Agreement.

Client accepts full financial liability and responsibility for any damage and/or loss of their property brought onto Company’s premises, and agrees to defend, indemnify and hold harmless Podcast Town, its employees, volunteers, and patrons from any claims, demands, suits, costs, expenses, or liability whatsoever arising out of the use of Company’s studio including, but not limited to, personal injury incurred during or as a result of such use. All property of Client located in or about the premises shall be there at the sole risk of Client, and Company shall not be liable for any damage, theft, or loss thereof.

No Representations Regarding the Site & RSS Service

While Podcast Town will endeavor to ensure the Podcasttown.net Site and RSS Service is fully functional and accessible to Clients, Podcast Town relies on third-party web service providers and all websites and podcasts are subject to acceptance, terms and conditions, and reliability (or lack thereof) of third-party companies. Therefore, Podcast Town does not assure, represent, or warrant to the quality of service, continuity of service, or up-time onto the website, players, podcast directories, your website, or any third-party services your site or podcast uses for distribution.

User-Generated Content Disclaimer

Podcast Town does not and cannot review all content posted to or created by users accessing the Services (including, but not limited to, the Podcasttown.net Site), and is not in any manner responsible for the content of these communications or the activities of these users. You acknowledge that by providing you with the ability to view and distribute user-generated-content through the Services (including, but not limited to, the Podcasttown.net Site), Podcasttown.net is merely acting as a passive conduit for the distribution of such information, and is not undertaking any obligation or liability relating to the content or the users’ activities. Accordingly, Podcasttown.net does not guarantee the accuracy, integrity, completeness, non-infringement or quality of such content. Podcasttown.net and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders do not undertake or assume any duty to monitor the Podcasttown.net Site for inappropriate content.

You understand that by using the Podcasttown.net Site or Services, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will Podcasttown.net be liable in any way for any content, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed or otherwise transmitted on or via the Podcasttown.net Site or Services. Podcasttown.net and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders assume no responsibility or liability which may arise from the content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation. Notwithstanding the foregoing, Podcasttown.net reserves the right to block or remove communications, postings or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading; (c) in violation of a copyright, trademark, patent, trade secret, intellectual property or other rights of another or (d) offensive or otherwise unacceptable to Podcast Town, in its sole discretion.

Honesty Policy

There is no copyrighted content allowed on the Podcasttown.net Site unless you personally hold the copyright. This includes but is not limited to audio from ripped CDs, purchased digital music, audiobooks, TV shows or audio you found on the web. You may not post content unless you created it or participated closely in its creation. “I have permission” does not mean you created it.

You may not post content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable.

You may not post content that is harmful to minors in any way. You may not post content that impersonates any person or entity, or falsely states or otherwise misrepresents your affiliation with a person or entity.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Site.

You may not solicit other users of the Podcasttown.net Site to join or become members of any online or other services.

Payments & Access

a. A one-time, non-refundable deposit is required to begin this service.

b. The total price for any Podcast Town products or services will be due prior to commencing the services. Each party represents and warrants that on the date the invoice is paid they are duly authorized to bind their respective principals.

c. We will charge you a monthly non-refundable fee based on your account type. The service is billed in advance for each month, and no refund or credit is offered for partial months of service. For more information, see the Refunds section below.

d. Should you upgrade your account type between billing cycles, your credit card will be charged the difference between your old billing rate and your new billing rate immediately. Your credit card will then be charged your new billing rate plus any overage fees on a monthly basis. You will continue to be charged the new billing rate until you change your plan or cancel your account.

e. All fees are exclusive of all taxes or duties imposed by governing authorities. You alone are responsible for the payment of all such taxes or duties.

f. Podcast Town reserves the right to modify, suspend, or discontinue the service at any time for any reason with (30) days’ notice.

g. Podcast Town reserves the right to change its monthly fees upon (30) days’ notice. Fee change notices may be posted to the Podcasttown.net Site.

h. Podcast Town shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the service.

File Retention

As referenced in the Scope of Work, Company will deliver to Client their audio files after a podcast episode has been completed. Company will store the associated project files for up to (30) calendar days, and will at that time deliver the final audio files to Client. All project files are purged every 30 days, and Company does not keep any backups. Client is responsible for properly storing their audio files after received from Company.

Covenants

Finally, Client understands and agrees, that:

a. In order to access the Services, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the services. You agree that any information you provide will always be accurate, correct, and up to date.

b. You must be 18 years or older to use these Services.

c. You must be a human. Accounts registered by “bots” or other automated methods are not permitted. Accessing (or attempting to access) any of our services by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our services through any automated, unethical or unconventional means.

d. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our services. Accordingly, you are responsible for all activities that occur under your account.

e. Engaging in any activity that disrupts or interferes with our services, including the servers and/or networks to which our Services are located or connected, is strictly prohibited.

f. You agree not to resell, duplicate, reproduce or exploit any part of the Services without the express written permission of Podcast Town.

g. You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.

h. We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share or otherwise distribute any content that:

i. is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;

ii. infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;

iii. contains any type of unauthorized or unsolicited advertising;

iiii. impersonates any person or entity, including any www.Podcasttown.net employees or representatives.

i. We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this Terms of Service, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any third-party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.

j. We do not assume any liability for any content posted by you on our website.

k. You agree to indemnify and hold harmless Podcasttown.net, its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Terms of Service or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Terms of Service. In such event, you shall provide us with such cooperation as is reasonably requested by us.

l. You understand that Podcasttown.net uses third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Services and will not modify, adapt or hack the Services.

m. You may not use the Services to store, host, or send unsolicited email (spam) or SMS messages.

n. You may not use the Services to transmit any viruses, worms, or malicious content.

o. Podcasttown.net makes no warranties regarding:

i. your ability to use the Services,

ii. your satisfaction with the Services,

iii. that the Services will be available at all times, uninterrupted, and error-free,

iv. the accuracy of mathematical calculations performed by the Services, and

v. that bugs or errors in the Services will be corrected.

p. Podcasttown.net its affiliates and its sponsors are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages arising out of or relating in any way to your use of the Services. Your sole remedy for dissatisfaction with the Services is to stop using the Services.

q. If any provision of the Terms of Service is held invalid or otherwise unenforceable, the enforceability of the remaining provisions shall not be impaired thereby.

r. Technical support is provided mainly via email and live chat, although phone and web based support is also available.

Guarantee

Unless otherwise expressed, Podcast Town expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement.

Cancellation/Termination

Client may cancel this Agreement, subject to an early cancellation fee equal to (1) month’s service fee, that shall be billed to Client’s credit card on file. Any unfinished work will be provided to Client as is and deleted from Company’s data storage on or before the 30th day following the cancellation of Services.

Refunds

All Podcasttown.net/Podcast Town packages, services and products are non-refundable. If you are not satisfied with your purchase, please contact us promptly at help@Podcasttown.net so that we can work toward a mutually agreeable resolution.

Non-Disparagement

Client will not disparage Podcasttown.net, Podcast Town, or any of its employees in any way, or post any negative statements, reviews, comments, or feedback about the Company or services provided to any third party, whether orally or in any written publication or online forum, chat room, or message board, including but not limited to Facebook, Twitter, Ripoff Report or Yelp.

Parties agree that it would be impracticable and extremely difficult to ascertain the amount of actual damages caused by a failure to comply with this provision. Parties agree that in the event it is established that Client has failed to comply with this provision, liquidated damages of $25,000 for each incident shall be payable to Company.

Privacy

Client acknowledges that Company may, in the course of providing its Services hereunder, collect or receive information which Client may deem as private. Client’s privacy is important, and Company agrees to collect, use, and store such private information as is useful in its provision of the Services under this Terms of Service, and as may be required to meet legal, regulatory, tax reporting, or identification purposes.

Force Majeure

Neither Company nor Client shall be held liable for the prevention, delay, or hinderance in the performance or observance of any provision contained herein by reason of act of God, riots, terrorism, acts of war, epidemics, pandemics, governmental action or judicial order, earthquakes, or any other similar causes. When such situations arise, Company and Client may extend the performance times under this Agreement for a period of time equivalent to the time lost because of any delay that is excusable under this Section.

Copyright, Intellectual Property

Client owns the content in its entirety that it created, and Company claims no intellectual property rights over the content Client creates or uses. Client is solely responsible for obtaining written permissions for usage of any and all material holding a copyright, trademark, or service mark. Company is not responsible or liable in any way for content Client owns or uses in conjunction with its podcast. Further, it is the policy of Podcast Town to promptly and fully respond to notices of alleged copyright infringement in accordance with the Digital Millennium Copyright Act (“DMCA”), and will protect and defend its rights under applicable DMCA and U.S. copyright laws.

All content used or posted must fully comply with U.S. copyright law. Company does not pre-screen content, but reserves the right, in its sole discretion, to refuse or remove content. All other content and materials available on Company’s Site, whether product names, logos, brands, or other trademarks or service marks, remain the intellectual property of its legal holders.

Governing Law, Dispute Resolution

Any claims arising under these Terms and Conditions must be brought within (1) year after the cause of action arises, or such right to claim or cause of action is barred. The parties shall promptly and in good faith attempt to resolve any such dispute.

All matters relating to Client’s access of this Site, including any disputes, are governed by the laws of the state of Wisconsin in the United States. Client agrees to be held to jurisdiction in the courts of Wisconsin, and waives any jurisdictional, venue, or inconvenience forum objection.

Contact Information

If you have any questions or comments about these Terms of Service as outlined above, please contact us at:

Podcast Town (www.podcasttown.net)

Podcast Town

15850 West Bluemound Road Suite 105

Brookfield, WI 53005

hello@Podcasttown.net

Last Updated on 12/30/2022