These Terms and Conditions (“Terms”) are a legal agreement between you and Podcast Movement LLC (“Podcast Movement,” “we,” “our,” or “us”) governing your access to and use of www.podcastmovement.com (the “Website”) and any related products, services, event registrations, content, and communications (collectively, the “Services”).
By accessing or using the Website or Services, you agree to be bound by these Terms. If you do not agree, do not use the Website or Services.
1. Definitions
- “Website” means www.podcastmovement.com and any subpages.
- “Services” means any products, registrations, subscriptions, content, features, or tools offered by Podcast Movement through the Website.
- “User” means any person who accesses or uses the Website.
- “Member” means a registered user with an account (if applicable).
- “Content” means all text, graphics, images, audio, video, data, and materials made available through the Website or Services.
- “Member Content” means content submitted by users, if and when user submissions are enabled.
2. Acceptance and Changes to These Terms
Your use of the Website constitutes acceptance of these Terms. We may update these Terms from time to time. The “Last Updated” date reflects the latest version. Continued use after changes are posted means you accept the updated Terms.
3. Privacy Policy
Our Privacy Policy describes how we collect, use, and share information. It is incorporated into these Terms by reference. If you do not agree to the Privacy Policy, do not use the Website or Services.
4. Eligibility
You must be at least 18 years old to use the Website or Services. By using the Website, you represent you are at least 18.
5. Accounts, Registration, and Security
If any Services require registration:
- You agree to provide accurate information and keep it updated.
- You are responsible for maintaining the confidentiality of your account credentials.
- You are responsible for all activity under your account.
- Notify us promptly if you suspect unauthorized access.
We may suspend or terminate accounts for violation of these Terms or for security reasons.
6. Purchases, Payments, and Taxes
If you purchase products or register for events:
- You agree that payment information you provide is accurate and authorized.
- You agree to pay all charges, including applicable taxes and fees.
- If a payment is declined or reversed, you remain responsible for amounts owed.
7. Refunds and Returns
Refund eligibility (including event registration refunds, ticket policies, or merchandise returns) will be governed by the refund policy shown at the point of purchase, on the event registration page, or within the applicable checkout flow. Where no separate policy is posted, refunds are granted only if required by law or at our discretion.
8. SMS/Text Messaging Terms
If you opt in to receive SMS/text messages from Podcast Movement:
- You consent to receive recurring messages related to events, updates, reminders, marketing, and other information you requested.
- Message frequency may vary. Standard message and data rates may apply.
- You can opt out at any time by replying STOP. For help, reply HELP.
SMS opt-in data and consent will not be shared with third parties.
9. License and Acceptable Use
We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Website for your personal, internal, non-commercial use unless otherwise expressly permitted in writing.
You agree not to:
- Use the Website in violation of any law or regulation
- Attempt to gain unauthorized access to any systems or accounts
- Scrape, copy, reproduce, or redistribute Content except as permitted by law or written permission
- Introduce viruses, malware, or harmful code
- Interfere with Website operations, security, or performance
- Impersonate any person or misrepresent your affiliation
- Use the Website to send spam or unauthorized marketing
We may restrict or terminate access for any violation.
10. Intellectual Property
All Content on the Website, including trademarks, logos, graphics, and materials, is owned by or licensed to Podcast Movement and is protected by intellectual property laws.
Nothing in these Terms grants you any right to use our trademarks or proprietary materials without our prior written permission.
11. User Submissions and Member Content
If the Website allows you to submit or post content:
- You represent you have all necessary rights to submit the content.
- You agree your content will not violate laws, infringe intellectual property, contain private information of others, or be harmful, obscene, or abusive.
- You grant Podcast Movement a worldwide, royalty-free, sublicensable license to host, use, reproduce, modify, publish, and display the content in connection with operating and promoting the Services.
We may remove content at our discretion.
12. Third-Party Links and Services
The Website may contain links to third-party websites or services. We do not control and are not responsible for third-party content, policies, or practices. Your use of third-party sites is at your own risk.
13. Disclaimers
The Website and Services are provided on an “AS IS” and “AS AVAILABLE” basis.
To the maximum extent permitted by law, we disclaim all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
We do not guarantee that the Website will be uninterrupted, secure, or error-free.
14. Limitation of Liability
To the maximum extent permitted by law, Podcast Movement and its officers, directors, employees, contractors, and agents will not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages arising from your use of the Website or Services.
To the extent liability cannot be excluded, our total liability for any claim will not exceed the amount you paid to us for the specific product or service giving rise to the claim during the one (1) month prior to the event giving rise to the claim.
Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.
15. Indemnification
You agree to indemnify and hold harmless Podcast Movement and its affiliates, officers, directors, employees, and agents from and against claims, damages, losses, liabilities, and expenses (including attorneys’ fees) arising from:
- Your use of the Website or Services
- Your violation of these Terms
- Your violation of any rights of another person or entity
16. Termination
We may suspend or terminate your access to the Website or Services at any time for any reason, including violation of these Terms.
Upon termination, sections intended to survive will survive, including Intellectual Property, Disclaimers, Limitation of Liability, Indemnification, and Dispute Resolution.
17. Dispute Resolution and Arbitration
Any dispute, claim, or controversy arising out of or relating to these Terms or the Website or Services will be resolved by binding arbitration administered by the American Arbitration Association under its commercial arbitration rules.
- Arbitration will be conducted on an individual basis only.
- The arbitration will take place in Collin County, Texas.
- Either party may seek temporary or preliminary injunctive relief in a court of competent jurisdiction to protect rights pending arbitration.
- Each party will bear its own attorneys’ fees and will share arbitration costs equally unless the arbitrator determines otherwise.
18. Governing Law and Venue
These Terms are governed by the laws of the State of Texas, without regard to conflict of law rules. Where arbitration does not apply, you agree to submit to the personal jurisdiction and venue of state and federal courts located in or serving Collin County, Texas.
Any claim must be brought within one (1) year after the claim arose, or it is barred, unless prohibited by applicable law.
19. Severability
If any provision of these Terms is found unenforceable, the remaining provisions will remain in full force and effect.
20. Contact Us
Questions about these Terms can be directed to:
Podcast Movement LLC
220 E Las Colinas Blvd, Suite C210
Irving, TX 75039
Email: help@podcastmovement.com