Terms Of Use Agreement

PodShow, through its websites www.PodShow.com, www.PodSafeMusicNetwork.com, www.PodcastAlley.com, www.indiePodder.org, and other domains owned by PodShow (collectively, the "PodShow Websites"), offers a directory of downloadable content and in many instances direct download of such content for your enjoyment. This Agreement governs the terms of the PodShow Websites as well as the use of the services offered on these sites ("Offered Services") and the downloadable materials.

PodShow also offers specialized member services ("PodShow+ Accounts"). The benefits of each of the PodShow+ Accounts are spelled out on the corresponding registration page. In addition to being governed by these Terms of Use, the PodShow+ Accounts are also governed by the terms of a PodShow+ Member Agreement. While you need not register for a PodShow+ account to enjoy this site, you will likely find that having a PodShow+ account will generally enhance your experience with us in many ways.

By using the PodShow Websites whether with or without a PodShow+ account, you agree to be bound by these Terms of Use. PodShow may modify these Terms of Use from time to time and such modification shall be effective upon a posting by PodShow on PodShow.com. You agree to be bound to any changes to these Terms of Use when you enter the PodShow Websites after any such modification is posted. These Terms of Use include by reference PodShow's privacy policy http://www.PodShow.com/terms/?view=privacy, PodShow's Copyright and Intellectual Property Policy http://www.PodShow.com/terms/?view=ip , and other usage policy's posted on the PodShow Websites.

Please choose carefully any information you post on the PodShow Websites and that you make accessible to other users. Your PodShow+ account, should you register to become a Member, may not include the following items: telephone numbers, street addresses, and last names of any person other than you. Any photographs posted by you may not contain any offensive subject matter, such as, but not limited to, nudity or violence. You should further be advised that information provided by other PodShow Website users on the site may contain inaccurate, inappropriate or offensive material, products or services. While PodShow asks that all posted information be accurate, PodShow assumes no responsibility or liability for this material.

PodShow reserves the right, in its sole discretion, to reject, refuse to post or remove any postings (including email) by you, or to restrict, suspend, or terminate your access to all or any part of the PodShow Websites and Offered Services at any time, for any or no reason, with or without prior notice, and without liability.

By participating in any offline PodShow event, you agree to release and hold PodShow harmless from any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, either directly or indirectly related to or arising from your participation in any such offline PodShow event.

  1. Eligibility. By using the PodShow Websites and any PodShow+ accounts offered by PodShow, you represent and warrant that all information you submit is truthful and accurate and that you agree to maintain the accuracy of such information. You further represent and warrant that you are 14 years of age or older and that your use of the PodShow Websites shall not violate any applicable law or regulation. Your profile may be deleted without warning, if it is found that you are misrepresenting your age. Your Membership is solely for your personal use, and you shall not authorize others to use your account, including your profile or email address. You are solely responsible for all Content published or displayed through your account, including any email messages, and for your interactions with other members.
  2. Term/Fees. This Agreement shall remain in full force and effect while you use the PodShow Websites, the Offered Services, and/or maintain a PodShow+ account. PodShow may terminate your membership for any reason, effective upon sending notice to you at the email address you provide in your PodShow+ account application or such other email address as you may subsequently provide to PodShow. If PodShow terminates your PodShow+ account because you have breached these Terms of Use Agreement, you shall not be entitled to refund of any kind. Even after a PodShow+ account is terminated, these Terms of Use will remain in effect for any use of the PodShow Websites, and specifically sections 3, 4, 7, 8, 9, 12, 13, 14, 15 and 16 will survive termination.
  3. Non Commercial Use. Illegal and/or unauthorized use of the PodShow Websites, including collecting user names and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Website may be investigated. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of membership privileges. Appropriate legal action will be taken by PodShow for any illegal or unauthorized use of the PodShow Websites or Offered Services.
  4. Proprietary Rights in Content on the PodShow Websites. All material found on the PodShow Websites is subject to the PodShow Copyright and Intellectual Property Policy. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information found on the PodShow Websites. In the case of content that is specifically offered for download, you may make one copy of the download for your personal enjoyment only. You may not make any additional copies, make the downloaded content available to others to make copies or otherwise transfer the downloaded materials to the control of any third party.
  5. Personal Content Posted on the PodShow Websites. PodShow retains the right to review and delete any content, messages, photos or profiles (collectively, "Personal Content") that in the sole judgment of PodShow violates these Terms of Use or which may be offensive, undesirable, illegal, harmful or violate the rights of others, or threaten the safety of any Member or the general public. You are solely responsible for the Personal Content that you publish or display (hereinafter, "post") on the PodShow Websites or any material or information that you transmit to other Members. By posting any Personal Content to the public areas of the PodShow Websites, you hereby grant to PodShow the non-exclusive, fully paid, worldwide license to use, publicly perform and display such Personal Content on the PodShow Websites. This license will terminate at the time you remove such Personal Content from the PodShow Websites.
  6. You represent and warrant that: (i) you own the Personal Content posted by you on the PodShow Websites or otherwise have the right to grant the license set forth in section 5, and (ii) your Personal Content does not violate the privacy rights, publicity rights, copyright rights, or other intellectual property rights of any third party entity. You agree to pay for all royalties and fees owing any person by reason of any Personal Content you post on the PodShow Websites. The following is a partial list of the kind of Personal Content that is illegal or prohibited on the PodShow Websites: any posting that contains material which: (a) is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (b) harasses or advocates harassment of another person; (c) involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming"; (d) promotes information that you know to be false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (e) promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; (f) contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page); (g) provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18; (h) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; (i) solicits passwords or personal identifying information for commercial or unlawful purposes from other users; or (j) involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes.
  7. You must use the Offered Services in a manner consistent with any and all applicable laws and regulations. You may not transmit any chain letters or junk email to other Members. Although PodShow cannot monitor the conduct of its Members off the PodShow Websites, it is also a violation of these rules to use any information obtained from the PodShow Websites in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, PodShow reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which PodShow deems appropriate in its sole discretion. You may not cover or obscure the banner advertisements on your personal profile page, or any PodShow page via HTML/CSS or any other means. You may not use the account, username, or password of another Member at any time nor may you disclose your password to any third party or permit any third party to access your account. Finally, you may not sell or otherwise transfer your profile.
  8. PodShow reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates provisions 5, 6 or 7 of these Terms of Use, including without limitation, removing the offending communication from the PodShow Websites and terminating the PodShow+ account of such violators.
  9. Copyright Policy. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of PodShow to terminate membership privileges of any member who repeatedly infringes copyright upon prompt notification to PodShow by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the PodShow Websites in a way that constitutes copyright infringement, please follow the steps outlined in our Copyright and Intellectual Property Policy for reporting such matters http://www.PodShow.com/terms/?view=ip
  10. Member Disputes. You are solely responsible for your interactions with other PodShow Members. PodShow reserves the right, but has no obligation, to monitor disputes between you and other Members.
  11. Privacy. Use of the PodShow Websites and the offered service is also governed by our Privacy Policy http://www.PodShow.com/terms/?view=privacy
  12. Disclaimer. PodShow is not responsible for any incorrect or inaccurate Personal Content posted on the PodShow Websites or in connection with the Offered Services, whether caused by users of the PodShow Websites, Members or by any of the equipment or programming associated with or used in connection with the Offered Services. PodShow is not responsible for and does not endorse any solicitation or advertisement posted by a Member, unless explicitly stated. PodShow is not responsible for the conduct, whether online or offline, of any user of the PodShow Websites. PodShow assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user or Member communication. PodShow is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or at any PodShow Website or combination thereof, including any injury or damage to users and/or Members or to any person's computer related to or resulting from participation or downloading materials in connection with the PodShow Websites and/or in connection with the Offered Services. Under no circumstances shall PodShow be responsible for any loss or damage, including personal injury or death, resulting from use of the PodShow Websites or the Offered Services or from any Personal Content posted on the PodShow Websites or transmitted to Members, or any interactions between users of the PodShow Websites, whether online or offline. The PodShow Websites and the Offered Services available thereon are provided "AS-IS" and PodShow expressly disclaims any warranty of fitness for a particular purpose or non-infringement. PodShow cannot guarantee and does not promise any specific results from use of the PodShow Websites or the Offered Services made available thereon.
  13. Limitation on Liability. IN NO EVENT SHALL PODSHOW BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE PODSHOW WEBSITES OR THE OFFERED SERVICES, EVEN IF PODSHOW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, PODSHOW'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO AMOUNT PAID, IF ANY, BY YOU TO PODSHOW FOR THE OFFERED SERVICES.
  14. Disputes. If there is any dispute about or involving the PodShow Websites and/or the Offered Services, you agree that, by using the PodShow Websites, any dispute shall be governed by the laws of the State of California without regard to conflict of law provisions and you agree to personal jurisdiction by and venue in the state and federal courts of the State of California, City of San Francisco.
  15. Indemnity. You agree to indemnify and hold PodShow, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the PodShow Websites and the Offered Services in violation of this Agreement and/or arising from a breach of these Terms of Use and/or any breach of your representations and warranties set forth above.
  16. Solicitations and advertisements. Unless explicitly stated, PodShow does not endorse or otherwise take responsibility for any solicitation or advertisement that is found on the Member pages. All users are warned that any action that you take with respect to such solicitations or advertisements is at your own risk. As stated previously, the same warning/disclaimer applies to solicitations and advertisements contained on any third-party site which may be accessed from a link found on the PodShow Websites.
  17. Other. These Terms of Use are accepted upon your use of the PodShow Websites and are further affirmed by you opening a PodShow+ account. The failure of PodShow to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. Please contact us with any questions regarding these Terms of Use.

I HAVE READ THESE TERMS OF USE AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.