Terms of Use
THE FOLLOWING TERMS AND CONDITIONS GOVERN YOUR USE OF THIS WEBSITE (THEPODCASTBROKER.COM)( the “Service”) Operated by THE PODCAST BROKER,LLC, 5020 Clark Rd. Suite #324 Sarasota FL 34233.
YOUR USE OF THIS WEBSITE CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. These Terms apply to all visitors, users and others who wish to access or use the Service.
This website presents information, content and material that is owned or licensed by ThePodcastBroker.com. When used in these Terms and Conditions, “we” and “our” mean ThePodcastBroker.com.
LISTING POLICIES
By listing a podcast for sale on ThePodcastBroker.com, you agree to comply with ThePodcastBroker’s Seller Listing Terms and Conditions which are, by this reference, made a part hereof. In addition, you agree that:
- You assume full responsibility for the item offered and the accuracy and content of the listing,
- Your listing may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances). ThePodcastBroker.com can't guarantee exact listing duration,
- All content you provide complies with all of our listing policies, including the Images, videos and text policy,
- Content that violates any of ThePodcastBroker.com's policies may be modified, obfuscated or deleted at ThePodcastBroker.com's sole discretion,
- We may revise product data associated with listings to supplement, remove, or correct information,
- We strive to create a marketplace where buyers find what they are looking for. Therefore, the appearance or placement of listings in search and browse results will depend on a variety of factors determined by ThePodcastBroker.com in its sole discretion.
- To drive a positive user experience, a listing may not appear in some search and browse results regardless of the sort order chosen by the buyer.
- Meta tags and URL links that are included in a listing may be removed or altered.
- We may provide you with optional recommendations to consider when creating your listings. Such recommendations may be based on the aggregated sales and performance history of similar sold and/or current listings; results may vary for individual listings. To drive the recommendations experience, you agree that we may display the sales and performance history of your individual listings to other sellers,
- For items listed in certain categories, subject to certain programs, and/or offered or sold at certain price points, ThePodcastBroker.com may require the use of certain transaction systems (e.g., escrow.com) and payment methods.
- ThePodcastBroker.com may publish and promote your listings, including related content such as username, product reviews and feedback on the websites or in the applications, services and tools of other ThePodcastBroker.com Inc. corporate family members or cooperating third-party operators of websites, applications, services and tools.
BUYER POLICIES
When buying an item using ThePodcastBroker.com , you agree to the Rules and policies for buyers and that:
- You are responsible for reading the full listing and performing a reasonable degree of due diligence before making a bid or offer, buying, or committing to buy,
- You enter into a legally binding contract to purchase when you buy, commit to buy, your offer is accepted, or if you have a winning bid (or your bid is otherwise accepted to purchase a podcast listed on ThePodcastBroker.com website.
- All purchases made using the “Buy Now” functionality are made on an “AS IS” basis. Buyers are advised to evaluate such purchases carefully, as all “Buy Now” sales are final.
Purchase/Sale Decisions
As with all financial matters, you should exercise great care in using the information provided on this website or available through links from this website. You should research the facts and opinions contained in this information, including speaking to your ThePodcastBroker.com professional, before making any acquisition/divestment decisions. The information provided on this website is provided to you for information purposes only and does not constitute an offer to sell or buy any business that may be referenced or described on this website. Nothing on this website should be construed as rendering tax, legal, investment, or accounting advice. The posting of any prospectus or any other information on this website should not be interpreted as a recommendation or opinion that you should make any purchase or sale or participate in any transaction.
Intellectual Property
The Service, and all of the information and content on this website, including but not limited to all text, graphics, software applications, video and audio files and photos (“Content”) is is and will remain the exclusive property of ThePodcastBroker.com, and is protected by worldwide copyright laws and treaty provisions, unless otherwise indicated. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of ThePodcastBroker.com.
The use of the Content on any other website or in a networked computer environment for any purpose, or any other republication or redistribution of the Content, including, without limitation, framing the Content within another website, is expressly prohibited without the prior written permission of ThePodcastBroker.com.
Security
For your protection, ThePodcastBroker.com requires the use of encryption technologies for certain types of communications conducted through this website. While we provide those technologies and use other reasonable precautions to protect confidential information and provide suitable security, we do not guarantee or warrant that information transmitted through the Internet is secure, or that such transmissions will be free from delay, interruption, interception or error. In connection with your use of this website, you may establish or otherwise receive from ThePodcastBroker.com User IDs, Passwords and other security codes (“User Codes”) that you will need in order to access and use certain portions of this website. You are responsible for maintaining the confidentiality of your User Codes. You agree that you will be fully responsible for all activities that occur utilizing your User Codes, and that ThePodcastBroker.com is not under any duty to inquire as to the authority or propriety of any instructions given to ThePodcastBroker.com via your User Codes or to otherwise verify the identity of anyone using your User Codes. You agree that ThePodcastBroker.com shall not be responsible for damages or losses resulting from any breach of security caused by your failure to maintain the confidentiality of your User Codes. If you permit access to your User Codes by third parties, then you agree to defend, indemnify and hold ThePodcastBroker.com harmless against any liability, losses, damages or costs and expenses (including attorneys’ fees) arising out of, or resulting from, such access and related use of the website.
ThePodcastBroker.com reserves the right to block access to the website for any reason. You also agree to immediately notify ThePodcastBroker.com if you: Become aware of any loss or theft of your User Codes or Become aware of any unauthorized use of your User Codes. Finally you acknowledge and agree that you will not: (i) collect or store personal data about other users of this website, or (ii) upload, e-mail or otherwise transmit any material that contains viruses or any other computer code, files or programs that might interrupt, limit or interfere with the functionality of any computer software, hardware, database or file, or communications equipment that is owned, leased or used by ThePodcastBroker.com.
Certain portions of this website may offer you the ability to e-mail a message to ThePodcastBroker.com. E-mail functionality, if any, is provided to you to facilitate communications between you and ThePodcastBroker.com. You agree, however, that you will not use e-mail to request, authorize or effect the purchase or sale of any business, to change your User Codes, to transmit personal credit information (including credit card numbers), to send fund transfer instructions, or for any other financial transactions that require formal authorization in accordance with applicable law or ThePodcastBroker.com policies and procedures. Any such requests, orders, or instructions that you send to ThePodcastBroker.com by e-mail will not be accepted or processed by ThePodcastBroker.com. ThePodcastBroker.com shall have no liability for any loss or damage that arises from unaccepted e-mail requests, orders or instructions. Moreover, ThePodcastBroker.com shall have no liability for any loss or damage that result from interception and/or unauthorized use by third parties of any information you send by e-mail. For information regarding ThePodcastBroker.com’s use of your e-mail address, please review our Internet Privacy Policy.
Hyperlinks
From time to time, as a convenience for you, we may provide links to third party websites, or permit third parties to link to this website. Links to or from a third party site, whether provided by ThePodcastBroker.com or not, do not imply any affiliation between ThePodcastBroker.com and the site owner, or an endorsement, approval, or verification by ThePodcastBroker.com of any content available on such third party sites. We do not periodically review these third party sites and we are not responsible or liable for the accuracy or completeness of the content on any such third party sites. By providing access to other websites, ThePodcastBroker.com is not recommending the purchase or sale of products or services provided by the sponsoring organization of any linked site. Subject to the terms of applicable service or other agreements, we will remove any link from this website upon request from the owner of the linked site. Please email our operations department at info@ThePodcastBroker.com to submit such a request.
Availability
Not all of the Podcasts described on this website are available for purchase and we reserve the right to determine the eligibility of any potential purchaser for any listed Podcast.
Links To Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by ThePodcastBroker.com
ThePodcastBroker.com has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that ThePodcastBroker.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
NO WARRANTY
WE WILL MAKE EVERY REASONABLE EFFORT TO INCLUDE ACCURATE AND UP TO DATE CONTENT ON THIS WEBSITE. HOWEVER, THE CONTENT ON THIS WEBSITE (INCLUDING ANY GRAPHICS) AND ANY MATERIALS MADE AVAILABLE THROUGH THIS WEBSITE ARE SUBJECT TO APPLICABLE STATUTES AND REGULATIONS, AND ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ThePodcastBroker.com DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. ThePodcastBroker.com DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT ON THIS WEBSITE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT ON THIS WEBSITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THIS CONTENT COULD BECOME INACCURATE AS A RESULT OF DEVELOPMENTS OCCURRING AFTER PUBLICATION. THEPODCASTBROKER.COM UNDERTAKES NO OBLIGATION TO KEEP ANY SUCH INFORMATION CURRENT. THEPODCASTBROKER.COM ENDEAVORS TO MAINTAIN THIS WEBSITE AND ITS OPERATION, BUT IS NOT, AND CANNOT BE, RESPONSIBLE FOR THE RESULTS OF ANY DEFECTS THAT MAY EXIST IN THIS WEBSITE OR ITS OPERATION. AS TO THE OPERATION OF THIS WEBSITE, THEPODCASTBROKER.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THEPODCASTBROKER.COM MAKES NO WARRANTY THAT (i) THE OPERATION OF THIS WEBSITE WILL MEET THE USER’S REQUIREMENTS; (ii) ACCESS TO THIS WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR FREE OF ERRORS; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEBSITE WILL BE ACCURATE OR RELIABLE; OR (iv) DEFECTS WILL BE CORRECTED. YOU (AND NOT THEPODCASTBROKER.COM) ASSUME THE ENTIRE COST OF ALL SERVICING, REPAIR, OR CORRECTION THAT MAY BE NECESSARY FOR YOUR COMPUTER EQUIPMENT AND SOFTWARE AS A RESULT OF ANY VIRUSES, ERRORS OR OTHER PROBLEMS YOU MAY HAVE AS A RESULT OF VISITING THIS WEBSITE.
TO THE EXTENT THAT THE LAW DOES NOT PERMIT THE DISCLAIMER OF WARRANTIES, ALL CONTENT ACCESSIBLE ON THIS WEBSITE, OR ANY OTHER WEBSITE TO WHICH WE LINK, AND ALL OPERATIONS ON THIS WEBSITE ARE WARRANTED ONLY TO THE MINIMUM AMOUNT LEGALLY REQUIRED.
Indemnification
You agree to defend, indemnify and hold harmless ThePodcastBroker.com and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of ThePodcastBroker.com, or b) a breach of these Terms.
NO LIABILITY
IN USING THIS WEBSITE, YOU SPECIFICALLY AGREE THAT YOU WILL NOT HOLD THEPODCASTBROKER.COM LIABLE TO YOU OR ANY PARTY FOR ANY DAMAGES OR INJURY OR LOSS, INCLUDING ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL PUNITIVE DAMAGES, OR LOST PROFITS, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE (OR ANY OTHER LINKED WEBSITE), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE ON THIS WEBSITE (OR ANY OTHER LINKED WEBSITE). THEPODCASTBROKER.COM SHALL NOT BE LIABLE EVEN IF THEPODCASTBROKER.COM OR A THEPODCASTBROKER.COM AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE INCLUDE BUT ARE NOT LIMITED TO DAMAGES OR INJURY CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, DELAY IN OPERATION OR TRANSMISSION, LINE FAILURE, COMPUTER VIRUS OR OTHER HARMFUL COMPONENT.
THESE LIMITATIONS ON THEPODCASTBROKER.COM’S LIABILITY MAY BE DIFFERENT IN CONNECTION WITH PARTICULAR PRODUCTS OR SERVICES THAT ARE OFFERED.
Additional Information
All information, other than personal information subject to ThePodcastBroker.com’s Internet Privacy Policy, submitted to ThePodcastBroker.com through this website or any related ThePodcastBroker.com’s is the property of ThePodcastBroker.com. ThePodcastBroker.com shall be free to use any ideas, concepts, know-how or techniques that you may submit to ThePodcastBroker.com through this website for any purpose, including but not limited to, improving our services. We shall not be subject to any obligations of confidentiality regarding any submitted information except as specified in ThePodcastBroker.com’s Internet Privacy Policy, as set forth in any additional terms and conditions relating to specific products or services, or as otherwise specifically agreed or required by law.
Changes
The Content on this website, and these Terms and Conditions, is subject to change or updating by ThePodcastBroker.com at any time without prior notice. The changes may include superseding terms and conditions or specific notices. YOU SHOULD REVIEW THESE TERMS AND CONDITIONS FROM TIME TO TIME TO BE AWARE OF ANY CHANGES THAT ARE MADE. Your continuing use of this website constitutes your acceptance of any change or update, all of which shall become controlling when posted.
Privacy
Please click here for ThePodcastBroker.com’s Internet Privacy Policy.
Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of the United States and the State of Florida, without giving effect to conflict of law principles thereof. The services and products described and information provided through this website are directed to and are intended to be made available only to persons in the United States and are not intended for distribution to, or use by, any person in any other country or any jurisdiction where such distribution or use would be contrary to law or regulation or that would subject ThePodcastBroker.com to any registration requirement within such jurisdiction or country. Persons who access this website do so on their own initiative, and are responsible for compliance with applicable local laws and regulations.
Contact Us
If you have any questions about these Terms, please contact us.
THE PODCAST BROKER,
5020 Clark Rd. Suite #324
Sarasota FL 34233