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254 lines
20 KiB
HTML
<p>The following terms and conditions govern all use of the
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<a href="https://podnoms.com">podnoms.com</a> website and all content, services and products available at or through the website, including, but not
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limited to,
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<a href="https://podnoms.com">podnoms.com</a> Forum Software,
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<a href="https://podnoms.com">podnoms.com</a> Support Forums and the
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<a href="https://podnoms.com">podnoms.com</a> Hosting service (“Hosting”), (taken together, the Website). The Website is owned and operated by Robot
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powered podcasts (“PodNoms”). The Website is offered subject to your acceptance without modification of all of the terms
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and conditions contained herein and all other operating rules, policies (including, without limitation,
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<a href="https://podnoms.com">podnoms.com</a>’s
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<a href="/boilerplate/privacy">Privacy Policy</a> and
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<a href="/boilerplate/faq">Community Guidelines</a>) and procedures that may be published from time to time on this Site by PodNoms (collectively,
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the “Agreement”).</p>
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<p>Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site,
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you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions
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of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered
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an offer by PodNoms, acceptance is expressly limited to these terms. The Website is available only to individuals who
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are at least 13 years old.</p>
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<p><a name=“1”></a></p>
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<h2>
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<a id="1_Your_podnomscom_Account1_6"></a>
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<a href="#1">1. Your podnoms.com Account</a>
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</h2>
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<p>If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully
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responsible for all activities that occur under the account. You must immediately notify PodNoms of any unauthorized
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uses of your account or any other breaches of security. PodNoms will not be liable for any acts or omissions by you,
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including any damages of any kind incurred as a result of such acts or omissions.</p>
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<p><a name=“2”></a></p>
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<h2>
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<a id="2_Responsibility_of_Contributors2_12"></a>
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<a href="#2">2. Responsibility of Contributors</a>
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</h2>
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<p>If you post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material
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available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and
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any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text,
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graphics, an audio file, or computer software. By making Content available, you represent and warrant that:</p>
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<ul>
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<li>the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to
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the copyright, patent, trademark or trade secret rights, of any third party;</li>
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<li>if your employer has rights to intellectual property you create, you have either (i) received permission from your employer
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to post or make available the Content, including but not limited to any software, or (ii) secured from your employer
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a waiver as to all rights in or to the Content;</li>
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<li>you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to
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successfully pass through to end users any required terms;</li>
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<li>the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;</li>
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<li>the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial
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content designed to drive traffic to third party sites or boost the search engine rankings of third party sites,
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or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);</li>
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<li>the Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity
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rights of any third party;</li>
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<li>your content is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists,
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blogs and web sites, and similar unsolicited promotional methods;</li>
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<li>your content is not named in a manner that misleads your readers into thinking that you are another person or company;
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and</li>
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<li>you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature,
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uses and effects of the materials, whether requested to do so by PodNoms or otherwise.</li>
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</ul>
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<p><a name=“3”></a></p>
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<h2>
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<a id="3_User_Content_License3_28"></a>
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<a href="#3">3. User Content License</a>
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</h2>
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<p>User contributions are licensed under a
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<a href="http://creativecommons.org/licenses/by-nc-sa/3.0/deed.en_US">Creative Commons Attribution-NonCommercial-ShareAlike 3.0 Unported License</a>. Without limiting any of those representations
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or warranties, PodNoms has the right (though not the obligation) to, in PodNoms’s sole discretion (i) refuse or remove
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any content that, in PodNoms’s reasonable opinion, violates any PodNoms policy or is in any way harmful or objectionable,
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or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in PodNoms’s sole
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discretion. PodNoms will have no obligation to provide a refund of any amounts previously paid.</p>
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<p><a name=“4”></a></p>
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<h2>
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<a id="4_Payment_and_Renewal4_35"></a>
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<a href="#4">4. Payment and Renewal</a>
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</h2>
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<h3>
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<a id="General_Terms_37"></a>General Terms</h3>
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<p>Optional paid services or upgrades may be available on the Website. When utilizing an optional paid service or upgrade, you
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agree to pay PodNoms the monthly or annual subscription fees indicated. Payments will be charged on a pre-pay basis on
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the day you begin utilizing the service or upgrade and will cover the use of that service or upgrade for a monthly or
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annual subscription period as indicated. These fees are not refundable.</p>
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<h3>
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<a id="Automatic_Renewal_41"></a>Automatic Renewal</h3>
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<p>Unless you notify PodNoms before the end of the applicable subscription period that you want to cancel a service or upgrade,
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your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription
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fee (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Subscriptions
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can be canceled at any time.</p>
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<p><a name=“5”></a></p>
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<h2>
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<a id="5_Services5_47"></a>
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<a href="#5">5. Services</a>
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</h2>
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<h3>
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<a id="Hosting_Support_Services_49"></a>Hosting, Support Services</h3>
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<p>Optional Hosting and Support services may be provided by PodNoms under the terms and conditions for each such service. By
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signing up for a Hosting/Support or Support services account, you agree to abide by such terms and conditions.</p>
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<h3>
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<a id="HTTPS_53"></a>HTTPS</h3>
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<p>We offer HTTPS as a paid add-on. By signing up and using a custom domain on
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<a href="https://podnoms.com">podnoms.com</a>, you authorize us to act on the domain name registrant’s behalf (by requesting the necessary certificates,
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for example) for the sole purpose of providing HTTPS on your site.</p>
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<h3>
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<a id="Enterprise_57"></a>Enterprise</h3>
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<p>Enterprise Hosting services are provided by PodNoms under the terms and conditions for each such service, which are determined
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by a customer-specific contract. By signing up for an Enterprise Hosting account you agree to abide by such terms and
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conditions.</p>
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<p><a name=“6”></a></p>
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<h2>
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<a id="6_Responsibility_of_Website_Visitors6_63"></a>
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<a href="#6">6. Responsibility of Website Visitors</a>
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</h2>
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<p>PodNoms has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and
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cannot therefore be responsible for that material’s content, use or effects. By operating the Website, PodNoms does not
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represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful
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or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems
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from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is
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offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical
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mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes
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the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which
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is subject to additional terms and conditions, stated or unstated. PodNoms disclaims any responsibility for any harm
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resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.</p>
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<p><a name=“7”></a></p>
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<h2>
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<a id="7_Content_Posted_on_Other_Websites7_69"></a>
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<a href="#7">7. Content Posted on Other Websites</a>
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</h2>
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<p>We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites
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and webpages to which
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<a href="https://podnoms.com">podnoms.com</a> links, and that link to
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<a href="https://podnoms.com">podnoms.com</a>. PodNoms does not have any control over those
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<a href="http://non-podnoms.com">non-podnoms.com</a> websites and webpages, and is not responsible for their contents or their use. By linking to a
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<a
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href="http://non-podnoms.com">non-podnoms.com</a> website or webpage, PodNoms does not represent or imply that it endorses such website or webpage.
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You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms,
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Trojan horses, and other harmful or destructive content. PodNoms disclaims any responsibility for any harm resulting
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from your use of
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<a href="http://non-podnoms.com">non-podnoms.com</a> websites and webpages.</p>
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<p><a name=“8”></a></p>
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<h2>
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<a id="8_Copyright_Infringement_and_DMCA_Policy8_75"></a>
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<a href="#8">8. Copyright Infringement and DMCA Policy</a>
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</h2>
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<p>As PodNoms asks others to respect its intellectual property rights, it respects the intellectual property rights of others.
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If you believe that material located on or linked to by
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<a href="https://podnoms.com">podnoms.com</a> violates your copyright, and if this website resides in the USA, you are encouraged to notify PodNoms
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in accordance with PodNoms’s
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<a href="http://en.wikipedia.org/wiki/Digital_Millennium_Copyright_Act">Digital Millennium Copyright Act</a> (“DMCA”) Policy. PodNoms will respond to all such notices, including as required
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or appropriate by removing the infringing material or disabling all links to the infringing material. PodNoms will terminate
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a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat
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infringer of the copyrights or other intellectual property rights of PodNoms or others. In the case of such termination,
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PodNoms will have no obligation to provide a refund of any amounts previously paid to PodNoms.</p>
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<p><a name=“9”></a></p>
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<h2>
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<a id="9_Intellectual_Property9_81"></a>
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<a href="#9">9. Intellectual Property</a>
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</h2>
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<p>This Agreement does not transfer from PodNoms to you any PodNoms or third party intellectual property, and all right, title
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and interest in and to such property will remain (as between the parties) solely with PodNoms. PodNoms,
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<a href="https://podnoms.com">podnoms.com</a>, the
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<a href="https://podnoms.com">podnoms.com</a> logo, and all other trademarks, service marks, graphics and logos used in connection with
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<a href="https://podnoms.com">podnoms.com</a>, or the Website are trademarks or registered trademarks of PodNoms or PodNoms’s licensors. Other trademarks,
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service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your
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use of the Website grants you no right or license to reproduce or otherwise use any PodNoms or third-party trademarks.</p>
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<p><a name=“10”></a></p>
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<h2>
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<a id="10_Attribution10_87"></a>
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<a href="#10">10. Attribution</a>
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</h2>
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<p>PodNoms reserves the right to display attribution links such as ‘Powered by
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<a href="https://podnoms.com">podnoms.com</a>,’ theme author, and font attribution in your content footer.</p>
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<p><a name=“11”></a></p>
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<h2>
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<a id="11_Changes11_93"></a>
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<a href="#11">11. Changes</a>
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</h2>
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<p>PodNoms reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility
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to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting
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of any changes to this Agreement constitutes acceptance of those changes. PodNoms may also, in the future, offer new
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services and/or features through the Website (including, the release of new tools and resources). Such new features and/or
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services shall be subject to the terms and conditions of this Agreement.</p>
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<p><a name=“12”></a></p>
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<h2>
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<a id="12_Termination12_99"></a>
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<a href="#12">12. Termination</a>
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</h2>
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<p>PodNoms may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice,
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effective immediately. If you wish to terminate this Agreement or your
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<a href="https://podnoms.com">podnoms.com</a> account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement
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which by their nature should survive termination shall survive termination, including, without limitation, ownership
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provisions, warranty disclaimers, indemnity and limitations of liability.</p>
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<p><a name=“13”></a></p>
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<h2>
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<a id="13_Disclaimer_of_Warranties13_105"></a>
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<a href="#13">13. Disclaimer of Warranties</a>
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</h2>
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<p>The Website is provided “as is”. PodNoms and its suppliers and licensors hereby disclaim all warranties of any kind, express
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or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement.
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Neither PodNoms nor its suppliers and licensors, makes any warranty that the Website will be error free or that access
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thereto will be continuous or uninterrupted. If you’re actually reading this, here’s
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<a href="http://www.newyorker.com/online/blogs/shouts/2012/12/the-hundred-best-lists-of-all-time.html">a treat</a>. You understand that you download from, or otherwise obtain content or services through, the Website at your
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own discretion and risk.</p>
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<p><a name=“14”></a></p>
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<h2>
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<a id="14_Limitation_of_Liability14_111"></a>
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<a href="#14">14. Limitation of Liability</a>
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</h2>
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<p>In no event will PodNoms, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under
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any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential
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damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption
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of data; or (iv) for any amounts that exceed the fees paid by you to PodNoms under this agreement during the twelve (12)
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month period prior to the cause of action. PodNoms shall have no liability for any failure or delay due to matters beyond
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their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.</p>
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<p><a name=“15”></a></p>
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<h2>
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<a id="15_General_Representation_and_Warranty15_117"></a>
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<a href="#15">15. General Representation and Warranty</a>
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</h2>
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<p>You represent and warrant that (i) your use of the Website will be in strict accordance with the PodNoms
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<a href="/privacy">Privacy Policy</a>,
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<a href="/guidelines">Community Guidelines</a>, with this Agreement and with all applicable laws and regulations (including without limitation
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any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and
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acceptable content, and including all applicable laws regarding the transmission of technical data exported from the
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country in which this website resides or the country in which you reside) and (ii) your use of the Website will not infringe
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or misappropriate the intellectual property rights of any third party.</p>
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<p><a name=“16”></a></p>
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<h2>
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<a id="16_Indemnification16_123"></a>
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<a href="#16">16. Indemnification</a>
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</h2>
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<p>You agree to indemnify and hold harmless PodNoms, its contractors, and its licensors, and their respective directors, officers,
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employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your
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use of the Website, including but not limited to your violation of this Agreement.</p>
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<p><a name=“17”></a></p>
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<h2>
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<a id="17_Miscellaneous17_129"></a>
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<a href="#17">17. Miscellaneous</a>
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</h2>
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<p>This Agreement constitutes the entire agreement between PodNoms and you concerning the subject matter hereof, and they may
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only be modified by a written amendment signed by an authorized executive of PodNoms, or by the posting by PodNoms of
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a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or
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use of the Website will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions,
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and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts
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located in San Francisco County, California. Except for claims for injunctive or equitable relief or claims regarding
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intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute
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arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial
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Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration
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shall take place in San Francisco, California, in the English language and the arbitral decision may be enforced in any
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court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’
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fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’
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original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term
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or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any
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subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees
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to be bound by, its terms and conditions; PodNoms may assign its rights under this Agreement without condition. This
|
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Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.</p>
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<p>This document is CC-BY-SA. It was last updated January 1, 2018.</p>
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<p>Originally adapted from the
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<a href="http://en.wordpress.com/tos/">WordPress Terms of Service</a>.</p> |