TERMS OF SERVICE
By registering, accessing or using any services developed, operated, provided, maintained or hosted by A Mediocre time With Tom & Dan Podcast (hereinafter “TOM & DAN”) including all websites, IP addresses and application programs available at and configured for use at http://www.TomandDan.com and on free download on Google Play and iTunes you agree to be bound to the following terms and conditions (“Terms of Service.”) and you agree that it is enforceable as if it were a written negotiated agreement signed by TOM & DAN and you.
TOM & DAN, in its sole discretion, reserves the right to revise, update and change the Terms of Service from time to time without notice to you, and you agree to be bound by such modifications or revisions. Any new features that augment or enhance the current Service, including the release of new features and resources, shall be subject to the Terms of Service.
BY CONTINUING TO USE THE SERVICE, YOU ARE CONFIRMING YOUR CONSENT AND AGREEMENT TO BE BOUND BY THE MOST RECENT TERMS OF SERVICE.
- You must be 18 years or older to use TOM & DAN.
- You must provide a valid email address and any other information requested in order to complete the signup process and/or continued use of TOM & DAN. You further agree to timely update such information as such information changes.
- TOM & DAN reserves the right to terminate your use of the services upon the discovery that the information you provided is not complete or accurate.
- You are responsible for all content (including email content) that is published and/or sent on your behalf that occurs under your account and under other accounts that are created on TOM & DAN.
- You may not use TOM & DAN for any illegal or unauthorized purpose. You must not, in the use of the service, violate any laws in your jurisdiction (including but not limited to copyright, spam, or trademark laws).
- You are responsible for complying with all applicable local, state, national and foreign laws relating to your use of the service. You may not violate any applicable law or regulation; post or transmit any materials that violate any applicable local law; or use the service for any fraudulent or inappropriate purpose.
- You may not use any robot, spider, other automated device, or manual process to monitor or copy any content from TOM & DAN.
- You may not resell, duplicate or reproduce or exploit any part of the service without the written consent permission of TOM & DAN.
- TOM & DAN may modify, suspend or discontinue this service at any time, for any reason, at its sole discretion. TOM & DAN reserves the right to refuse service to anyone for any reason at any time.
- TOM & DAN claims no ownership, responsibility or intellectual property rights over any of the content or materials you provide to TOM & DAN
- Your use of the service is at your sole risk. You acknowledge, understand and agree that TOM & DAN provides the service to you “As Is” and “As Available” without warranty or condition of any kind.
- TOM & DAN shall not be responsible for any inaccuracies related to your product or business, and TOM & DAN shall not be responsible or liable for any writing/publishing content that may negatively affect or damage your product or business.
- TOM & DAN reserves the right to provide similar or identical services to companies that may be in competition with you. In such cases, TOM & DAN shall use its best efforts to insure that all content provided to each client of TOM & DAN is unique and appropriately tailored to each client. At not time shall TOM & DAN ever disclose any information received from one client to another client.
- You consent to TOM & DAN publishing your company name on TOM & DAN’s website/portfolio for TOM & DAN’s promotional use, although you reserve the absolute right to require the removal of your company name on our website.
- Technical support and consultation is only provided to paying account holders and is available as per the terms of your account.
- You understand that TOM & DAN uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run and manage the service.
- You acknowledge, understand and agree that TOM & DAN cannot guarantee the security of your data while it is being transmitted over the Internet and through servers that are out of our control.
- You must not modify, adapt or hack the service or modify another website so as to falsely imply that it is associated, linked to, or partnered with TOM & DAN.
- Verbal, physical, written or other abuse of any TOM & DAN customer, employee, member, or officer will result in immediate account termination and legal action.
- You agree to defend, indemnify, and hold harmless TOM & DAN its officers, directors, employees and its agents from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, made by any third party due to or resulting from your use of the service or your violation of this Terms of Service.
- TOM & DAN respects the privacy of its clients and the confidentiality of the information that you provide to TOM & DAN in connection with the services provided by TOM & DAN, such as email addresses of your customers. TOM & DAN will never disclose or sell such information to any third party without your permission subject to any disclosures required by law or properly issued subpoena.
- You agree to receive administrative and legal notices about the service electronically via email, text, or snail mail.
- The failure of TOM & DAN to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and TOM & DAN and govern your use of the service, superseding any prior agreements between you and TOM & DAN (including, but not limited to, any prior versions of the Terms of Service).
- A valid credit card is required for all accounts.
- The service is billed in advance on a monthly, quarterly, or annual fashion.
- Refunds are available after your purchase by exception only and must be requested via email.
- TOM & DAN reserves the right to terminate or suspend an account for non-payment of subscription dues. Any unpaid fees for your term are still owed.
- All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.
- TOM & DAN reserves the right to change service fees upon 30 days notice. Such notice may be provided at any time notifying you through email.
- Terms are monthly, quarterly, or yearly and automatically renew.
- Any content created by TOM & DAN and delivered to you is owned by you and considered “work for hire”.
- TOM & DAN claims no intellectual property rights over the material you provide to the service.
TOM & DAN does not retain any of the original source material from its customers. All source files are removed from our systems with 2 weeks after a Podcast subscription episode is completed and either returned to customers or published to their sites. Original source files may persist on shared cloud storage drives like Dropbox but never locally on our computers for more than one month and are deleted entirely at the earliest possible time after a Podcast subscription episode is completed and approved by our customers.
WARRANTY & LIABILITY:
TOM & DAN does not warrant that:
- the service will meet your requirements or expectations.
- the service will be uninterrupted, timely, secure, bug or error-free.
- any errors or bugs in the service will be corrected.
You expressly understand and agree that TOM & DAN shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if TOM & DAN has been advised of the possibility of such damages), resulting from your usage of the service.
CANCELLATION & TERMINATION:
- You are solely responsible for properly cancelling your account. You may cancel your TOM & DAN services at any time by contacting us by email. You will no longer be charged after your current term is completed.
- There is no cancellation fee.
- There will be no refund if you cancel the service before the end of your current, paid-up month or quarter, and you will not be charged or billed thereafter.
- You need to give 14 day notice before the end of your quarterly term.
If you have any questions regarding this Terms of Service or if you wish to discuss the terms and conditions contained herein please contact us at firstname.lastname@example.org