Last modified on September 30, 2022
1. Acceptance of Terms
https://www.bluewirepods.com(the “Site”) is owned and operated by Blue Wire Media, Inc., a Delaware corporation (the “Company”), and the Company welcomes you to its online services (collectively, the "Services"). By using this Site or Services, you are agreeing to the following Terms of Services ("TOS" or “Agreement”), whether or not you are a registered customer of the Company. The TOS may be updated from time to time without notice to you. However, you can always find the latest TOS at https://www.bluewirepods.com/bw-termsofservice and should check regularly for updates and changes.
In addition, when using the Services, you shall be subject to any posted policies, guidelines or rules applicable thereto. All such policies, guidelines and rules are hereby incorporated by reference into the TOS. You further agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to these TOS. You represent and warrant that you have the necessary authority to enter into these TOS and grant the rights as set forth herein, and that your intended uses of the Site and Services will not violate any rights of third parties or any laws, including, without limitation, those laws with respect to intellectual property, gambling, advertising, promotions, and marketing.
IF YOU DO NOT AGREE TO THE CURRENT TOS, PLEASE DO NOT USE THIS SERVICE, SINCE YOUR USE OF IT CONSTITUTES ACCEPTANCE OF ALL OF THE MOST CURRENT TOS FOR ITS USE.
You hereby consent and agree to receive various electronic and other forms of communications from us, which may come in the form of phone calls or SMS text messages. The ways in which we shall communicate with you may include but not be limited to mediums in the form of phone calls, SMS text messages, posts, notices, or alterations on the Website, or through other electronic communication mediums. You hereby consent and agree that all agreements, notices, disclosures and other communications that we provide to you electronically shall suffice to satisfy any and all legal requirement that such communications are made in writing. You hereby agree to fully comply with any and all applicable laws and regulations when using the Services or making any communications through the Services, including, without limitation, those laws with respect to intellectual property, gambling, advertising, promotions, and marketing.
YOU MUST BE AT LEAST 18 YEARS OF AGE TO ACCESS AND VIEW THE SITE, THE SERVICES OFFERED, AND ANY CONTENT INCLUDED THEREON. IF YOU ARE 18 YEARS OF AGE OR YOUNGER, DO NOT USE THIS SERVICE FOR ANY PURPOSE AS IT IS NOT INTENDED FOR USE BY ANYONE UNDER THE AGE OF LEGAL MAJORITY. BY USING AND ACCESSING THE SITE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OF AGE AND THAT YOU HAVE NOT BEEN PREVIOUSLY REMOVED FROM OR PROHIBITED FROM THE SITE.
Review and Approval of Enrollment
Prior to the completion of the enrollment in the Services contemplated hereunder, the Company may, in its sole discretion, perform a review of your company, your podcast, your proposed Content, and any other materials, documentation, or information associated therewith. Once you have submitted all of the necessary documentation requested throughout the initial enrollment process, and have submitted your payment information for the first payment of the Services contemplated hereunder, the Company will place a hold on the initial payment while your Account (as defined in Section 11 below) goes under review. The review process typically takes two weeks to complete, however, the completion of the entire review may extend beyond the anticipated timeframe, depending upon the volume of reviews Company currently has in queue, and the density of the Content and other materials to be reviewed. The Company may, in its sole discretion, elect to reject your application for enrollment for any reason, or for no reason at all. In the event that your application for enrollment has been declined, the Company will then remove the hold placed on your initial payment made, and said amount shall be returned to your card or Account, in accordance with the policies and procedures of your card carrier or financial institution. The Company will declare your acceptance or denial of approval for enrollment in writing, to the email address you submit to the Company during your completion of the initial application.
Ad Read Services
Upon acceptance of approval for enrollment, or at any time thereafter within the Company’s sole discretion, the Company may include your podcast in the Company’s ad read program, whereby the Company may insert qualified, and pre-selected advertisement segments from the Company or from other third-party advertisers, into your Content. These would be pre-recorded and pre-approved clips, which would be placed within certain time intervals within your Content. The Company will give its best efforts to match advertisements with Content that appears to be “native” or appropriate to the subject matter thereof. The Company has the right, but not the obligation, to screen such third-party advertisers and any Content they put out. The Company shall have no liability for any and all claims of damages, losses, or infringement, which may arise from the insertion of such advertisements into your Content. Under no circumstance shall you be entitled to receive any revenue or compensation for the appearance or inclusion of such advertisements in your Content.
Company assumes no liability or responsibility in connection with hosting services provided by third parties, and you agree that Company will not be liable to you or any third-party for any Damages (as defined in Section 16) which may result from the use of such third party services.
Additional Third Party Services
Company provides certain third-party products and services (collectively, " Third Party Services") as part of the Services. Your purchase and use of Third Party Services are generally subject to the applicable third party's terms and conditions. Company is not responsible for any changes in the Services that cause any Third Party Services to become obsolete, require modification or alteration, or otherwise affect the performance of such Third Party Services. Any malfunction or manufacturer's defects of Third Party Services either sold, licensed or provided by Company to you or purchased directly by you and used in connection with the Services will not be deemed a breach of Company's obligations under these TOS. Any rights or remedies you may have regarding the ownership, licensing, performance or compliance of any Third Party Services are limited to those rights extended to you by the manufacturer of such Third Party Services. You are entitled to use Third Party Services supplied by Company only in connection with your permitted use of the Services unless otherwise expressly provided.
3. Use of the Services, Rules of Behavior, and Termination
Subject to your compliance with the terms included herein, the Company grants you a limited, personal, non-exclusive, revocable and non-transferable right and license to use the features and functionality of the Site during your use of the Services, solely for your lawful internal business purposes. You are prohibited from promoting, marketing, and otherwise facilitating any unlawful content and/or illegal activities, including, but not limited to, crude conduct, rude and offensive behavior, obscene materials and portrayals, unlawful gambling, and otherwise as specifically is governed by applicable laws in all jurisdictions where such inappropriate activities and/or improper content is proscribed.
APIs: The Company may, as applicable, make certain application programming interfaces (APIs), API access tokens, HTML scripts, data import tools, or other software available to you as part of the platform (collectively, “ Company APIs”). In such event, the Company grants you a limited, non-exclusive, non-transferable license, during the use of the Services, to use the Company APIs solely to access and use the platform in accordance with this Agreement. If you collect any personally identifiable information through use of the Company APIs, you must ensure that it is collected, processed, transmitted, maintained and used in compliance with all applicable laws.
• You shall not abuse, defame, harass, stalk, bully, threaten, intimidate, or otherwise violate the legal rights of others.
• You shall not violate the privacy or publicity rights of others.
• You shall not take any action which may subject other users or the public to any material that is inappropriate, defamatory, infringing, obscene, vulgar, libelous, racially or ethnically hateful, objectionable, or unlawful (or promote or provide instructional information about illegal activities or communications that could reasonably cause damage, loss, harm, or injury to any individual or group).
• You shall not take any action which may subject other users or the public to (a) anything that promotes or distributes pyramid schemes or chain letters, or (b) other disruptive, illegal or immoral communications of any kind.
• You shall not take any action which could potentially exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or information, or otherwise exposing them to materials or information which in any way could cause damage, injury, or harm of any kind.
• You shall not take any action which may subject other users or the public to anything which harvests or otherwise collects information about other users, including without limitation addresses, phone numbers, e-mail addresses, and/or financial information of any kind, without the users’ prior express consent in each instance.
• You shall not take any action that infringes any patent, trademark, copyright, trade secret or other intellectual property or other legal right of another user or of any third-party without prior written permission from said user or third-party in each instance, which written permission you agree to disclose to the Company at any time upon Company’s request (subject to all applicable laws). You shall not intentionally download any material that you know or should reasonably know cannot be distributed legally.
• You shall not impersonate another person, group of people, or entity at any time, and the prohibition of such activities shall also include not using anyone else's username or password.
• You shall not use the Site or Services for any illegal, immoral, or unauthorized purpose.
• You shall abide by all applicable Federal, State and local laws at all times. If you are outside of the United States, you shall comply with any and all local laws as well with respect to your online conduct, including without limitation, the exportation of data to the United States or to your country or residence. You agree to comply with all applicable laws regarding the transmission of technical data exported to or from the United States or the country in which you reside.
• You acknowledge that various rules, regulations and laws addressing gaming activities, including, but not limited to, sweepstakes, raffles, tournaments, lotteries, sports betting and wagering, fantasy sports, esports, poker, and/or any contests which may have entry fees and/or prizes, as these rules, regulations and laws govern your lawful and permissible promotion, marketing, and/or participation in such cash-based competitions and are specifically governed by applicable Federal and State gaming laws ("Gaming Laws"), and you further acknowledge that such Gaming Laws are set up by each individual State or local jurisdiction where such gaming activities may be lawfully permitted to occur. Therefore, the Services and use hereof are not intended to be used in connection with any illegal or unlawful gambling, or any type of cash-based gaming activities, or any other competitions in any state or jurisdiction in which such competitions violate its respective Gaming Laws, and such gaming activities are all deemed prohibited unless expressly authorized by such applicable state or jurisdiction’s Gaming Laws.
• You shall not modify, edit, or delete any Content or communications of the Site or Services and/or of other users of the Services.
• You shall not transmit any viruses, worms, defects, Trojan Horses or any items and/or computer code, files or programs of a destructive nature and/or otherwise designed to interrupt or limit the functionality of any computer software or hardware or telecommunications device.
• You shall not transmit or allow access or distribution of any spiders, robots or other information gathering computer programs or routines or their equivalents on the Site or in the Services.
• You shall not take any action which disrupts the normal flow of Content on the Site, or otherwise take any action which affects the ability of other people to engage in real-time activities through the Site.
• You shall not interfere with or disrupt the Site, the Services, the servers, or networks connected with the Site or Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Site or Services.
• You shall not create member accounts under any false or fraudulent pretenses (including by automated means).
• You shall not retrieve, store or collect personal information about any user for any unauthorized purpose, and may not retrieve, store, or collect personal information about any user for any valid purpose without such user’s prior written consent in each instance (and acknowledgment that they are at least 13 years of age).
• You shall not engage in any "spamming" of any kind, including without limitation ad spamming.
• You shall not use the Company’s or Site’s name or trademarks or related trade names, which you acknowledge here to be valid, subsisting and enforceable without impediment, and you will not expressly or by implication create the false or misleading impression that the Company or the Site is associated with, or endorses, or is in any way connected with you or your business.
WHILE THE COMPANY EXPLICITLY PROHIBITS THE ABOVE CONDUCT YOU ACKNOWLEDGE AND AGREE THAT YOU MAY BE EXPOSED TO SUCH CONDUCT AND CONTENT AND THAT YOU USE THE SERVICE ENTIRELY AT YOUR OWN RISK, AND THAT THE COMPANY SHALL HAVE NO LIABILITY OF ANY KIND FOR SUCH CONDUCT AS CARRIED OUT BY ANY THIRD-PARTY AT ANY TIME, UNLESS EXPRESSLY SET FORTH TO THE CONTRARY BY THE COMPANY IN WRITING.
YOU UNDERSTAND AND AGREE THAT IF YOU VIOLATE ANY OF THE RULES OF BEHAVIOR, THE COMPANY MAY TERMINATE YOUR USE OF THE SERVICE IMMEDIATELY WITHOUT PRIOR NOTICE AND WITHOUT ANY RIGHT TO A REFUND, SET-OFF, OR HEARING.
You must use the Services in a way that does not violate this Agreement, any supplemental rules and guidelines we may post, the terms and conditions of the respective service partners, or any applicable local, state or federal laws and regulations. The Services may only be used for the intended purpose for which such Services are being made available. You acknowledge and agree that we may, at our sole discretion, terminate your access to the Site, platform, and/or to any of the Services for any reason or for no reason at all, without prior notice, or any notice to you. The Services and the Site are offered and operated by us from our offices within the United States and we make no representation that the Services and/or Site are appropriate or available for use in other countries, territories, native sovereign lands, or any other worldwide locations. Those who access the Services and/or the Site from other locations outside the United States do so at their own initiative and risk, and are fully responsible for compliance with all applicable laws in those global locations.
You may terminate your access to the Services at any time by logging in and doing so on the platform. Upon the termination of your Account, you will immediately lose all access to your Account and the ability to use or utilize the Services. Upon termination, your Account and all relevant Content or materials contained thereon or associated therewith may be deleted by the Company. The Company shall not be liable for the deletion of, or the failure to store any Content, materials, recordings, or any other data/information which may have been accessed through, or stored in your Account within the Services. You shall not be permitted to access the Services or any Content thereof, upon the termination of your Account.
Upon electing to close and terminate your Account and your access to the Services, the Company will not be able to provide you with immediate access to your Account again. You will be required to go through the re-enrollment and approval process. As further specified herein above, upon the termination of your Account, any and all Content may be deleted thereafter, within Company’s sole discretion, and as such, it may be impossible to retrieve any previously submitted Content, even upon re-enrolling in the Services.
4. Content and Ownership Rights
As a user of the Site or Services, you may be provided access to a variety of materials and information, which may include, but shall not be limited to certain text, audio, video, photographs, graphics, and other informational data. All materials contained on the Site, whether uploaded by you, the Company, or by any third-party, shall be considered "Content". Company does not warrant or guarantee any Content uploaded by the Company, nor does it screen, warrant, guarantee, or endorse any Content uploaded by any third-party.
The Company shall have no liability of any kind with respect to any Content listed on the Site, or your use or reliance thereon. You agree that you must assess and bear all risks associated with your use of any Content of the Site, or contained in any links found on the Site. In this regard, you may not rely on any Content created by the Company or by any third-party, or otherwise created, distributed and displayed on any part of the Services. The Company does not control or monitor all of the Content posted via the Services and, as such, does not guarantee the accuracy, integrity or quality of such Content.
You acknowledge that Company may or may not pre-screen Content but that the Company and its designees shall have the right, but not the obligation, in its sole discretion to pre-screen, refuse, move, edit, and/or delete any Content that violates these TOS and/or is otherwise objectionable as determined by the Company in its sole discretion. The Company strictly prohibits the use, uploading, or distribution of any Content which may be considered to be: (i) sexually explicit or pornographic in nature, (ii) hate speech or hateful content, (iii) violent speech or content which may be deemed to promote or incite violence, (iv) content which promotes terrorism or terrorist activities, or (v) content which promotes any of the following types of products: firearms / alcoholic beverages / tobacco / contests / gambling / wagers / bets / weapons / drug products and/or products of a sexual nature. This list is not intended to be exhaustive of such Content which would otherwise be prohibited, and the Company may deem any such Content to be in violation of these terms, within the Company’s sole discretion, and as such, may immediately remove the same from the Services and platform.
The Company may preserve and store your Account information if it believes in good faith that such preservation is necessary to comply with legal or regulatory processes, respond to claims that your actions may violate the rights of third-parties, and/or to protect the rights, property or personal safety of the Company, the Site, the Services users, or the public.
The Company respects the intellectual property of others and the Company requests its users do the same. In certain circumstances and at its discretion, the Company may, but is not obligated to disable, suspend and terminate the accounts of members who may be infringing on the rights of others. If you believe that your intellectual property has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please contact the Company as soon as practically possible with the following information:
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. a description of where the material you claim is infringing is located on the site;
3. your name, address, telephone number, and email address;
4. a statement claiming that you have a good faith belief that the disputed use has not been authorized; and
5. a statement by you made under penalty of perjury, that the above information is accurate and that you are the copyright or intellectual property holder or are authorized to act on behalf of the holder.
Upon receiving a sufficient and proper notification of alleged copyright infringement as described above, the Company will remove or disable access to the allegedly infringing content and promptly notify the alleged infringer of your claim. Please submit your statement to the Company by mail, fax or email as set forth below:
Blue Wire Media, Inc.
Blue Wire Media, Inc. Copyright Agent
8730 Wilshire Blvd. Suite 350, Beverly Hills, CA 90211
The Company retains all right, title and interest, which shall include, but not limited to, all intellectual property and proprietary rights thereof in and to: (i) the Site, the Services, and the technology and software used to provide it; the Company APIs; and any and all technology used to produce, store and/or distribute, as applicable, any podcasts and advertising, as well as any and all related trademarks, logos, service marks; (ii) all electronic and print documentation and other content (excluding your Content) made available or collected through the platform or Services; and (c) all data or information contained in or derived from the Site or Services except for Your Information (as defined below).
The Company claims no ownership interest in any of the Content (including, without limitation, master recordings, artwork and photographs) posted by you through the Services, and the copyright to all such Content shall remain with its original owner. By posting Content, messages, and other material through the Services, you warrant and represent that (i) you own the Content posted by you or otherwise have the right to grant the license set forth in this section, (ii) that such Content does not violate the rights of any third-party, (iii) that the Content, material, messages and the like are accurate; (iv) that use of the content, materials, messages and the like that you supply will not cause injury to any person or entity; and (v) that you will defend indemnify and hold harmless Company in accordance with Section 7 below, for all claims resulting from Content, messages, materials and the like that you supply. You agree that any loss or damage of any kind that occurs as a result of the use of any messages, Content or material that you upload, post, transmit, display or otherwise make available through your use of the Site and/or the is solely your responsibility. You agree to pay all royalties and fees owing to any copyright or other rights holder by reason of any Content you post through the Services. You agree to and do hereby grant Company a perpetual, non-exclusive, worldwide, royalty-free license to use, reproduce, modify (for example, re-sizing of photos and/or encoding of audio or video files), transmit, publicly display, publicly perform and distribute any Content posted by you on or through the Services. The license shall remain in effect even after such time when you remove your Content from the Services or platform. The ownership and intellectual property rights to any and all artwork, graphics, designs, or other content which is created by the Company for the purpose of your use of the same on your podcast through our Site and Services, including the RSS feed, shall become vested in you upon transfer thereof, subject to payment of all fees due hereunder in connection with the Services.
You must not upload, store, distribute, send, transmit, display, perform, promote, market, make available, continue to make available, or otherwise communicate to the public, any Content to which you do not hold the necessary rights. Any unauthorized use of copyright protected material within your Content (including by way of reproduction, distribution, modification, adaptation, public display, public performance, promotion, marketing, making available or otherwise communicating to the public via the Platform), independent of whether it is or becomes unauthorized at a later point, may constitute an infringement of third party rights and is strictly prohibited. Any such infringement may result in civil litigation or criminal prosecution by or on behalf of the relevant rightsholder.
Your Information consists of the following data collected in connection with your use of the platform:
(i) Information Collected from Listeners - All information from web requests for content, IP addresses, user agent, headers sent from the client application and information regarding how the content is consumed. In addition, web request data from the platform embedded player, including, but not limited to cookies and third-party pixels; other information listeners opt to provide (e.g. survey results); and information associated to you or your company in the platform, including but not limited to user lists, podcast and episode information, campaign order, agency information and aggregate metrics such as episode and campaign listenership metrics.
(ii) Information Collected from Platform Users - Information provided by you on behalf of your company to the platform during the course of use such as registration information.
(iii) Information Collected from Third-Parties - Listener information, collected by Company partners. This includes information related to any advertisements sold by you, and other information provided to Company through any third-party integrations, such as cookies or tracking pixels.
While you own Your Information, you acknowledge that the Company may both during the term and thereafter, use Your Information for purposes of maintaining, analyzing, developing, or modifying its services. In addition, nothing herein shall prevent the Company from publishing and making such statistics and information publicly available, to the extent legally permissible.
Company’s License of Use
By uploading or posting any Content to the Company’s platform through the Services, you thereby grant the Company the worldwide, non-exclusive, royalty-free right (including the right to sublicense) to: use, copy, transmit, modify, publicly perform, display publicly, promote, market, distribute, and otherwise make such Content available to end users and third-parties. Such Content may be made available to said third-parties through the use of downloads and/or streaming services, and may do so both during the term of your enrollment and thereafter.
The Company may also distribute, use and provide any Content uploaded by you to any third-party service providers of the Company, who assist in providing the platform or Services. You further acknowledge that the foregoing licenses granted hereunder shall extend to other users of the platform, and to operators and users of any other websites, apps and/or platforms to which the Content you have uploaded, has been shared with by Company, including, but not limited to, any third-party platforms wherein similar podcasts and related content are made available to the public.
Upon enrolling in Services, you may be afforded the ability to designate a specified URL which will serve as your webpage address where you may upload and publish your Content. You shall be solely responsible for any and all Content or materials which are published, posted, or displayed through your webpage and Account. Within the Company’s sole discretion, the Company may limit or otherwise restrict the amount of bandwidth, disk space or storage space available to your Account and/or webpage. We strongly encourage you to perform backups of any Content and materials which you post or upload to your webpage and/or store through your Account.
Through the Services, the Company, other users, or other third-parties may provide links to other websites or resources, which are not maintained by or related to the Site or Services. Links to such sites are provided as a service to the users and are not sponsored, promoted, marketed, endorsed by or otherwise affiliated with the Company. The Company has no control over these sites and their content, and makes no representations or warranties about the content, completeness, quality or accuracy of the links, materials or information contained on any such website. Therefore, you acknowledge and agree that the Company is not responsible for the availability of such links, resources and content, and does not endorse, and is not responsible or liable for, any content, advertising, marketing, promotion, products, or other materials made available on or from these linked websites. You also acknowledge and agree that the Company is not responsible or liable, directly or indirectly, for any Damage or loss caused by or alleged to have been caused by, or in relation to, the use, display, distribution, marketing, or promotion of any materials, goods or services offered through these links or any failures and/or disruption to your computer system that results from your use of any such links, or for any intellectual property or other third-party claims relating to your posting or using such links.
You agree to indemnify, defend, and hold the Company, its subsidies, affiliates, officers, agents, and other partners and employees, harmless from any and all loss, cost, injury, liability, claims, damages, or demand of any kind, including actual attorney's fees and related costs, made by or arising out of your use of the Site or Services in violation of these TOS and the representations and warranties contained herein, and/or your violation of any rights of another or any applicable law, rule or regulation, or with respect to any claim that asserts or alleges that any of your Content violates any law or infringes upon any third party intellectual property or proprietary right, including any copyright, trademark, patent, or privacy right. Additionally, you hereby understand and acknowledge that this Services provides you with the ability to contact, interface, and communicate directly with clients, other users, and other third-parties, through electronic means, and that such communications may be subject to state and federal laws and regulations. You hereby agree and acknowledge that you shall fully indemnify and hold harmless the Company for any and all claims which may arise as a result of any alleged violations of such laws or regulations committed by you.
7. No Resale of Services
You agree not to, without the express prior written consent of the Company in each instance: reproduce, duplicate, copy, sell, resell, or exploit, for any commercial or other purposes, any portion of the Services or Content or other information or materials of any kind that you do not own.
8. Modification and Termination of the Services
The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that the Company will not be liable to you or any third-party for the consequences of any modification, suspension or discontinuance of the Services.
In order to use certain aspects of the Services you may be required to register for an account (the “Account”) and provide certain information (e.g. a user name, password, billing information, and valid email address). The Company refers to registered users as “members.” Registered users are subject to the following specific terms in addition to all of the other terms in these TOS:
· In consideration of your use of the Services, you represent that you are of legal age to form a binding contract, which is eighteen (18) years of age in the United States, and are not a person barred from receiving the Services under the laws of the United States or other applicable jurisdiction.
· You agree to provide true, accurate, current and complete information as required on the Services' registration form, and update such information as necessary to keep it current, complete and accurate. If you provide any information that is untrue, incomplete, not current or inaccurate, the Company has the right to suspend or terminate your Account and refuse your current or future use of the Services (or any portion thereof).
· You understand, acknowledge, and agree that in order to participate in some of the Services offered through the Site, you may be required to provide Company with personal/financial information which may include but shall not be limited to information pertaining to financial institutions you hold accounts with, bank account information, and credit card account information. You agree that Company may store and use such information for use in billing fees to your credit card and maintaining your account.
· You agree that your Account is non-transferable and any rights to your Account, password, username, terminate upon your death or disability and/or termination of account for any reason.
· You may not attempt to gain unauthorized access to the Site. Should you attempt to do so, assist others in making such attempts, or distributing instructions, software or tools for that purpose, Company will terminate your account.
· You may not attempt, nor support others' attempts, to decrypt, reverse engineer, circumvent or otherwise alter or interfere with any software required for use of the Site or Content.
· You are responsible for any activities that take place under your username and password. It is up to you to maintain the confidentiality of your password and Account, and you hereby agree to contact the Company immediately if you become aware of any unauthorized use of your password or Account, or any other breach of security. The Company is not responsible or liable for any loss or damage arising from your failure to comply with the provisions of these TOS, and you agree to hold harmless and to indemnify Company in accordance with Section 7 above for any improper, unauthorized or illegal uses of your Account.
11. Practices regarding Use and Storage/System Requirements
You acknowledge that the Company may establish general practices and limits regarding use of the Services including, without limitation, the maximum number of chat messages, email messages, or other communications which may be sent or received from an account of the Services, the maximum size of any chat messages, email messages, or other communications that may be sent from or received by an account of the Services, the maximum amount of disk space that will be allotted on Company’s servers on your behalf, and the maximum number of times and duration for which you may access the Services in a given time. You agree that the Company has no responsibility or liability for the deletion or failure to store or transmit any messages or communications or other content maintained or transmitted by the Services. You hereby acknowledge and agree that the Company may record, track, and store any and all communications transmitted through the platform, but is under no obligation to do so, and shall have no liability to you or any third-party for the deletion of the same. You acknowledge and agree that the Company reserves the right to log off accounts and deactivate usernames and accounts that are inactive for an extended period of time. You further acknowledge that the Company has the right to modify these practices and limits from time to time.
You are responsible for any hardware, systems and/or software program(s) you use and any associated fees and expenses (i) to connect to, browse or otherwise use the Internet, and/or (ii) to access the Site and the Services, and/or (iii) to browse, stream, download, or transfer the Content. From time to time, you may have to install software to aid in the accessibility of Content.
12. Company Proprietary Rights; Trademarks and Copyrights
You acknowledge and agree that the Services and any necessary software used in connection with the Services ("Software") contain proprietary and confidential information that is the property of the Company and its licensors, and is protected by applicable intellectual property and other laws. No rights or title of to any of the Software used in connection with any Services is provided, transferred or assigned to you. You further acknowledge and agree that content contained in advertisements or information presented to you through the Services or advertisers is protected by copyright, trademarks, service marks, patent, privacy, and/or other proprietary rights and laws. Except as expressly authorized by the Company or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Services or Software, in whole or in part, at any time. You also acknowledge Company’s exclusive rights in the Company’s trademark and service mark. Trademarks, service marks, logos, and copyrighted works appearing on the Company are the property of the Company or the party that provided such intellectual property to the Company. The Company and any party that provides intellectual property to the Company shall retain all rights with respect to any of their respective intellectual property appearing on the Site or through the Services, and no rights in such materials are transferred or assigned to you, in whole or in part, at any time. You hereby agree and acknowledge that any and all Company logos, branding, or tradenames posted on the Site and/or platform shall not be removed or altered in any way by you or any third-party, in conjunction with your use of the Services.
13. Confidential Information
As used in these TOS, the term “Confidential Information” shall mean: (i) any and all information which is disclosed by either party (“ Owner”) to the other (“Recipient”) verbally, electronically, visually, or in a written or other tangible form which is either identified or should be reasonably understood to be confidential or proprietary, including but not limited to documents that preceded these TOS that were identified or should be reasonably understood to be confidential or proprietary; and (ii) the terms, including without limitation, the pricing, of these TOS and any proposals or other documents that preceded these TOS. Confidential Information may include, but not be limited to, trade secrets, computer programs, software, documentation, formulas, data, inventions, techniques, marketing plans, strategies, forecasts, client lists, employee information, financial information, confidential information concerning Owner's business or organization, as Owner has conducted it or as Owner may conduct it in the future. In addition, Confidential Information may include information concerning any of Owner's past, current, or possible future products or methods, including information about Owner's research, development, engineering, purchasing, manufacturing, accounting, marketing, selling, leasing, and/or software (including third party software).
Owner's Confidential Information shall be treated as strictly confidential by Recipient and shall not be disclosed by Recipient to any third-party except to those third-parties operating under non-disclosure provisions no less restrictive than in those implemented by Company, and who need access to the Confidential Information to assist in performing the Services contemplated herein. Recipient shall protect such Confidential Information resulting from Services with the same degree of care. These TOS impose no obligation upon the parties with respect to Confidential Information which either party can establish by legally sufficient evidence: (a) was in the possession of, or was rightfully known by the Recipient without an obligation to maintain its confidentiality prior to receipt from Owner; (b) is or becomes generally known to the public without violation of this Agreement; (c) is obtained by Recipient in good faith from a third-party having the right to disclose it without an obligation of confidentiality; (d) is independently developed by Recipient without the participation of individuals who have had access to the Confidential Information; or (e) is required to be disclosed by court order or process of law (including subpoenas), provided notice is promptly given to the Owner and provided further that diligent efforts are undertaken to limit disclosure to the extent possible. The Recipient shall not obtain, by virtue of this Agreement, any rights, title, or interest in any Confidential Information of the Owner.
14. Disclaimer of Warranties
The use of the Services is at your sole risk. The Services is provided on an "as is" and "as available" basis. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
THE COMPANY MAKES NO WARRANTY THAT (1) THE SERVICE OR CONTENT OFFERED THEREON WILL MEET YOUR REQUIREMENTS, (2) THE SERVICE WILL BE UNINTERRUPTED, TIMELY SECURE, OR ERROR-FREE, (3) THE RESULTS OF USING THE SERVICE ITSELF, CONTENT OR INFORMATION OFFERED THROUGH THE SERVICE WILL BE ACCURATE OR RELIABLE, (5) THE QUALITY OF ANY CONTENT, SERVICES, INFORMATION, OR OTHER MATERIAL ACCESSED, PURCHASED, OR OBTAINED THROUGH YOUR USE OF THE SERVICE WILL MEET YOUR EXPECTATIONS, (6) THAT ANY COMMUNICATIONS WILL BE DISTRIBUTED, STORED, OR PRESERVED FOR ANY GIVEN PERIOD OF TIME, OR (7) THAT THE SITE OR SOFTWARE WILL BE ERROR-FREE AND/OR ANY ERRORS IN THE SITE OR SOFTWARE WILL BE CORRECTED. ACCORDINGLY, THE COMPANY ASSUMES NO RESPONSIBILITY FOR TIMELINESS, ERRORS IN CONTENT CONTAINED THEREON, PERIODS OF INACTIVITY OR INABILITY TO USE THE SERVICE, OR FAILURE TO STORE ANY PARTICULAR INFORMATION, COMMUNICATION, DATA, MATERIALS, RECORDINGS, OR WRITINGS. ADDITIONALLY, COMPANY PROVIDES ANY AND ALL INFORMATION OR CONTENT MADE AVAILABLE THROUGH THE SERVICE, WITHOUT WARRANTY OF ANY KIND AND AS SUCH, THE COMPANY IS NOT RESPONSIBLE OR LIABLE FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, OR RELIABILITY OF SUCH CONTENT OR INFORMATION.
No advice or information, whether oral or written, obtained by you from the Company or through or from the Site or Services, shall create a warranty not expressly stated in these TOS.
15. Limitation of Liability
You expressly understand and agree that the Company will not be liable to you or any third-party for any direct, indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to, damages for loss of profits, goodwill, use, data, other intangible losses, costs, fees, monetary losses, or losses of other benefits, even if the Company has been advised of the possibility of such damages or such damages were reasonably foreseeable (“Damages”), which may result from the use or the inability to access or use the any Content or information stored on or offered through the Site or Services, unauthorized access to or alteration of your Content, transmissions or data, statements or conduct of any third-party including advertisers on the Site or Services, the cost of procurement of substitute goods or services resulting from any Content, materials, data, information or services purchased or obtained or messages received or transactions entered into through or from the Site or Services, and/or any other matter relating to the Site or Services. The Company hereby expressly disclaims any and all liability for any damages or claims resulting from any alleged violations of any applicable state or federal regulation which may govern your use of the Services. In no event will the Company be liable to you for any amount of money over One Hundred U.S. Dollars ($100.00), which you acknowledge to be a fair and reasonable sum in the event of any loss by you of any kind. In no way shall Company be liable to you or any third-party, for any deletion, corruption, or loss of any Content or materials which may be uploaded by you, the Company, or any third-party, from the platform or Services.
You further acknowledge that the Site may include products, content, and services from third parties available via the Site. Company may include links to third party websites, which are provided solely as a convenience to you or as part of the Services. Company assumes no liability or responsibility for third-party materials or websites, and you agree that Company will not be liable to you or any third-party for any Damages which may result from your use of such third party products, content, and services.
16. Information Pertaining to Communications Regulations
If you receive or request any news, messages, or other information from the Site or Services concerning any communications regulations inquiries/materials with respect to the content or information displayed or offered through the Site or Services, remember that the Site and Services is provided for entertainment purposes only, and no Content included or information made available through the Site or Services is intended for, nor shall the same constitute any communications consulting or communications advisory services of any sort. The Company and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Site or Services, and shall not be responsible or liable for any decisions or actions made by you or any users based on such information or Content.
17. Communications and Transmissions Disclaimer
You expressly understand and agree that the Company will not be liable to you for any direct, indirect, incidental, special, consequential, exemplary, or punitive damages, or for any form of cost, damage, or loss resulting from ANY COMMUNICATIONS OR TRANSMISSIONS YOU OR YOUR AGENTS MAKE THROUGH THE SERVICE, your use of the Site or Services, your inability to use the Site or Services, or any bug, error, or malfunction incurring within the Site or Services or the systems of any third-party application, regardless of whether or not the same was or may have been foreseeable.
The Site or Services does not contain any form of regulatory communications or transmissions advice, nor does Company provide the same. The Content of the Site or Services, such as text, graphics, images and other material are intended for informational and entertainment purposes only and not for the purpose of rendering regulatory communications or transmissions advice or consulting of any sort. The Content of the Site or Services are not intended to substitute for professional regulatory advice. Although the Company takes efforts to keep information on the Site updated, the Company cannot guarantee that the information on the Company’s Site reflects the most up-to-date research.
Please consult your attorney or other communications or transmissions regulations professional for personalized regulatory advice. Never disregard or delay seeking professional regulatory advice or consulting because of something you have read on the Company’s Site or through the Services.
Not all products, services, techniques, or activities described on the Site or through the Services are suitable for everyone. The Company does not recommend or endorse any specific services, products, processes, techniques, or any other information or Content provided on its Site or through the Services. Reliance on any Content or information provided by the Company, its employees, any third-parties, or any other visitors to the Site, is solely at your own risk. You understand and agree that you are solely responsible for your use of the Site and Services.
18. Personally Identifiable Information
19. Disclosures Required by Law
The Company reserves the right at all times to disclose any information, including personally identifiable information about you (including Your Information), as necessary to satisfy any applicable law, rule, regulation, legal process, administrative proceeding, or other governmental request. The Company reserves the right to fully cooperate with any law enforcement authorities, commissions, boards, regulatory bodies, administrative agencies, and/or court orders requesting or directing the Company to disclose the identity of anyone posting any content, or publishing or otherwise making available any materials that are believed to violate the TOS. The Company, may but is not obligated to, use reasonable efforts to notify you in connection with any such inquiry; provided, however, that the inquiry in question is not confidential, and further provided that the Company shall have no duty to disclose such information and therefore shall not be liable to you in connection with any non-disclosure.
BY ACCEPTING THESE TOS, YOU WAIVE ALL RIGHTS AND AGREE TO HOLD COMPANY HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY, OR ANY LAW ENFORCEMENT OR REGULATORY AUTHORITIES.
If there is any dispute about or involving the Company and/or the Services, you agree that any dispute shall be governed by the laws of the State of California, without regard to conflict of law provisions. The parties consent to the jurisdiction and venue of the State of California in the City and County of Los Angeles. The prevailing party in any dispute shall be entitled to reimbursement of its reasonable outside attorneys’ fees and costs. Any dispute arising hereunder shall be resolved solely through binding arbitration conducted in Los Angeles, California under and pursuant to the commercial arbitration rules and procedures of the American Arbitration Association (“AAA Rules”), as said rules may be amended from time to time with full rights of discovery as permitted in accordance with California law. Such rules and procedures are incorporated and made part of this Agreement by reference. The parties hereby expressly waive any and all rights to appeal, or to petition to vacate or modify, any arbitration award issued in a dispute arising out of this Agreement. Each party hereby irrevocably submits to the jurisdiction of the state and federal courts for the County of Los Angeles in connection with any petition to confirm an arbitration award obtained pursuant to this Section. Any award shall be final, binding, and non-appealable. The parties agree to accept service of process in accordance with AAA Rules. The arbitration will be confidential and conducted in private, and will not be open to the public or media. No matter relating to the arbitration (including but not limited to, the testimony, evidence or result) may be (i) made public in any manner or form; (ii) reported to any news agency or publisher; and/or (iii) disclosed to any third party not involved in the arbitration..
YOU AGREE THAT REGARDLESS OF ANY STATUTE, RULES OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SERVICE OR THESE TOS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
Class Action Waiver
Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither you nor the Company shall seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity, and each party hereby waives any right to assert consolidated claims with respect to any disputes subject to arbitration under these TOS or any disputes between the parties hereto. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.
21. Miscellaneous Terms; General Information
The failure of the Company to exercise or enforce any right or provision of these TOS shall not operate as a waiver of such right or provision. Any waiver of the TOS by the Company must be in writing and signed by an authorized representative of the Company to be effective.
Your use of the Site and establishment of an account includes the ability to enter into agreements and/or to make purchases electronically. You agree that any submissions you make for electronic purchases constitute your intent and agreement to be bound by the TOS and to pay for such purchases. Your agreement and intent to be bound by electronic submissions applies to all transactions you enter into on, or through, the Site (or affiliated websites), including notices of cancellation, policies, contracts, and applications.
You may not assign or transfer these TOS or any of the rights or obligations hereunder, without the prior written consent of Company. Any attempted assignment in violation of the foregoing provision shall be null and void and of no force or effect whatsoever. Company may assign its rights and obligations under these TOS, and may engage subcontractors or agents in performing its duties and exercising its rights hereunder, without your consent. These TOS shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns.
Except for your obligation to pay Company, neither party shall be liable for any failure to perform its obligations under these TOS and other contract documents entered into by and between you and the Company, if prevented from doing so by a cause or causes beyond its control, including without limitation, acts of God or public enemy, failure of suppliers to perform, fire, floods, storms, earthquakes, riots, strikes, war, and restraints of government.
Except as may otherwise be permitted under these TOS, neither party will use the other party’s name or trademark in any advertising, written sales promotion, press releases and/or any other public communication without the other party’s prior written consent. As such, you shall be strictly prohibited from making any claims, or even simply inferring, that you, your company, your podcast, or any content thereof, are in any way associated with, approved by, endorsed by, or otherwise backed or supported by the Company or its affiliates, regardless of the forum or method in which you choose to communicate such messages. Notwithstanding the foregoing, the Company shall have the right to identify you as a customer of its Services, including the right to use your name and trademarks in general marketing and promotion of the Company’s platform and related services.
If any part or provision of these TOS is found by the applicable court of competent jurisdiction to be invalid, the parties' intentions as reflected in the provision, and the other provisions of these TOS, shall remain in full force and effect.
All notices under these TOS must be in writing and sent via internationally recognized delivery service or US mail to Blue Wire Media, Inc., 8730 Wilshire Blvd. Suite 350, Beverly Hills, CA 90211 or via email to email@example.com. mailto:
Notices will be deemed given 10 business days after being sent.
The section titles throughout these TOS are for convenience only and have no legal or contractual effect.
Except as otherwise expressly provided in the TOS, nothing in the TOS is intended, nor shall anything herein be construed to confer any rights in any person other than the parties hereto and their respective successors and permitted assigns.
Nothing contained in these TOS shall be construed to constitute either party as a partner, joint-venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each is and shall remain independent contractors (to the extent applicable), and therefore, responsible for its own actions.
Upon termination of these TOS, any provision which, by its nature or express terms should survive, will survive such termination.
Please immediately report any violations of these TOS to Company at firstname.lastname@example.org.
NOTICE FOR CALIFORNIA USERS
Under California Civil Code Section 1789.3, California users are entitled to the following specific consumer rights notice: Current rates for the Services, if any, are at https://www.bluewirepods.com . The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.