- 1. General
- 1. General
- 2. Intellectual Property Rights
- 3. Third Party Websites
- 4. Disclaimer of Warranties
- 5. Indemnification
- 6. Online Commerce
- 7. Interactive Features
- 8. Prohibited Uses
- 9. Registration
- 10. Passwords
- 11. Limitation of Liability
- 12. CONTENT RELATING TO HEALTH & WELLNESS ON THE SITE OR APP
- 13. CONTENT RELATING TO LEGAL OR FINANCIAL ADVICE ON THE SITE OR APP
- 14. Termination of Use
- 15. Refund Policy
- 16. Other
- 17. Dispute Resolution
- 18. Class Action Waiver
- 19. Waiver
- 20. Severability
- 21. Entire Agreement
- 22. Early Customer Release (ECR) Use Agreement (Temporary during test phase)
- 23. Quests and Contests
Effective October 1, 2021
Your License to Wings Media. By posting or submitting any material (including, without limitation, comments, blog entries, social media postings, photos and videos) to us via the Services, internet groups, social media venues, or to any of our staff via email, text or otherwise, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are thirteen years of age or older. In addition, when you submit, email, text or deliver or post any material, you are granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as we deem appropriate.
Wings Media LLC acknowledges that, as between Wings Media LLC and Podcaster, Podcaster owns all right, title, and interest, including all intellectual property rights, in and to the Podcaster intellectual property (IP). Podcaster hereby grants to Wings Media LLC a non-exclusive, royalty-free, worldwide license to reproduce, distribute, host, and otherwise use and display the Podcaster IP and perform all acts with respect to the Podcaster IP as may be necessary for Wings Media LLC to provide the Services to Podcaster.
You acknowledge and agree that any contributions originally created by you for us shall be deemed a “work made for hire” when the work performed is within the scope of the definition of a work made for hire in Section 101 of the United States Copyright Law, as amended. As such, the copyrights in those works shall belong to us from their creation. Thus, we shall be deemed the author and exclusive owner thereof and shall have the right to exploit any or all of the results and proceeds in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, in all languages, as we determine. In the event that any of the results and proceeds of your submissions hereunder are not deemed a “work made for hire” under Section 101 of the Copyright Act, as amended, you hereby, without additional compensation, irrevocably assign, convey and transfer to us all proprietary rights, including without limitation, all copyrights and trademarks throughout the universe, in perpetuity in every medium, whether now known or hereafter devised, to such material and any and all right, title and interest in and to all such proprietary rights in every medium, whether now known or hereafter devised, throughout the universe, in perpetuity. Any posted material which are reproductions of prior works by you shall be co-owned by us.
You acknowledge that we have the right but not the obligation to use and display any postings or contributions of any kind and that we may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever. Content, including but not limited to podcasts, podcast episodes, posts, comments, playlists, will be removed if they in any way violate the Podopolo community guidelines. For more information, please see https://podopolo.com/community-guidelines.
Limitations on Linking and Framing. You may establish a hypertext link to the Site or App so long as the link does not state or imply any sponsorship of your website by us or by the Site or App. However, you may not, without our prior written permission, frame or inline link any of the content of the Site or App, or incorporate into another website or other service any of our material, content or intellectual property.
Throughout the Site and App, we may provide links and pointers to Internet websites maintained by third parties. Our linking to such third-party websites does not imply an endorsement or sponsorship of such websites, or the information, products or services offered on or through such websites. In addition, neither we nor affiliates operate or control in any respect any information, products, or services that third parties may provide on or through the Services or on websites linked to by us on the Site or App.
If applicable, any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors, and not Wings Media. Neither Wings Media nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content. Furthermore, Wings Media neither endorses nor is responsible for the accuracy and reliability of any opinion, advice, or statement made on or through the Services by anyone other than an authorized Wings Media representative while acting in his/her official capacity.
THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITE OR APP BY WINGS MEDIA AND ANY THIRD-PARTY SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SERVICES OR ANY OF THEIR FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE SERVICES, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES OR MATERIALS ON THIS SITE, APP, OR ON THIRD-PARTY WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
Certain sections of the Site or App may allow you to purchase different types of products and services online that are provided by third parties. We are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. If you make a purchase from a merchant on or through the Services or on a site linked to by the Services, the information obtained during your visit to that merchant’s online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by both the merchant and us. A merchant may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies. In addition, when you purchase products or services on or through the Services, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services. For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant’s website and click on its information links or contact the merchant directly. You release us and our affiliates from any damages that you incur and agree not to assert any claims against us or them, arising from your purchase or use of any products or services made available by third parties through the Services.
Your participation, correspondence, or business dealings with any third party found on or through our Services, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that Wings Media shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.
You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Services. You agree to use the Services and to purchase services or products for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal information to us or a merchant, you represent that you have obtained the express consent of such third party to provide such third party’s personal information.
The Services may include a variety of features, such as shared interest community groups, live social audio discussions, curated playlists (by Podopolo, its users, and its podcasters), web logs, chat rooms, individual and collaborative challenges, contests, ratings and reviews, and email / SMS services, which allow feedback to us and real-time interaction between users, and other features which allow users to communicate with others. Responsibility for what is posted on any public posting areas on the Site or App or sent via any email services on the Site or App, lies with each user – you alone are responsible for the material you post or send. We do not control the messages, information or files that you or others may provide through the Services.
Wings Media or its designated agents may remove or alter any user-created content at any time for any reason. All public forums and interactive features are intended to serve as discussion centers for users, subscribers and member Podcasters. Information and content posted within these public forums may be provided by Wings Media staff, Wings Media outside contributors, or by users not connected with Wings Media. Wings Media requires all users of Podopolo to use their real names, and we take all reasonable efforts to authenticate their true identity, however, Wings Media expressly disclaims all responsibility for any users who are dishonest in providing fake identities or pseudonyms. Wings Media expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information, or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will we, our affiliates, suppliers, or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants, and do not reflect the opinions of Wings Media or any of its subsidiaries or affiliates.
Wings Media has no obligation whatsoever to monitor any of the content or postings on any public forum on the Sites or Apps. However, we are committed to providing an outstanding experience for all users, guided by the Podopolo community guidelines (https://podopolo.com/community-guidelines) and you acknowledge and agree that we have the absolute right to monitor the same at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post, or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users and visitors.
It is a condition of your use of the Services that you do not:
- Restrict or inhibit any other user from using and enjoying the Services.
- Use the Services to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
- Interfere with or disrupt any servers or networks used to provide the Services or its features, or disobey any requirements, procedures, policies, or regulations of the networks we use to provide the Services.
- Use the Services to instigate or encourage others to commit illegal activities or cause injury or property damage to any person.
- Gain unauthorized access to the Site or App, or any account, computer system, or network connected to the Services, by means such as hacking, password mining or other illicit means.
- Obtain or attempt to obtain any materials or information through any means not intentionally made available through Services.
- Use the Services to post or transmit any unlawful, threatening, abusive, libelous, defamatory, pornographic, profane, or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, including incitement to violence or hate crimes, give rise to civil liability, or otherwise violate any local, state, national or international law. Please see the Podopolo community guidelines (https://podopolo.com/community-guidelines) for more information.
- Use the Services to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder.
- Use the Services to post or transmit any information, software or other material that contains a virus or other harmful component.
- Use the Services to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising.
- Use the Services to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without our express written approval.
- Gather for marketing purposes any email addresses or other personal information that has been posted by other users of the Services.
To access certain features of the Services, we may ask you to provide certain demographic information including your gender, year of birth, location, zip code, language preference, country. We may also ask you to share what topics interest you so we can provide you with relevant listening and other recommendations. In addition, if you elect to access a particular feature of the Services, such as the socially-interactive features (shared interest groups, contests or quests, user-generated content such as playlists, commenting and live social audio, for example), you may also be asked to register with us on the form provided and such registration may require you to provide personally identifiable information such as your name, email address, or mobile phone number. You agree to provide true, accurate, current and complete information about yourself as prompted by the Site’s or App’s registration form. If we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof). Our use of any personally identifiable information you provide to us as part of the registration process is governed by our Privacy Notice at https://podopolo.com/privacy.
To use certain features of the Services, you will need a username and password, which you will receive through the Services’ registration process. You are responsible for maintaining the confidentiality of the password and account and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.
PODCASTERS AND CONTENT CREATORS ON THE SITE AND APP MAY OFFER HEALTH, WELLNESS, FITNESS AND NUTRITIONAL INFORMATION AND ARE DESIGNED FOR EDUCATIONAL PURPOSES ONLY. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE SITE OR APP. THE USE OF ANY INFORMATION PROVIDED ON OR THROUGH THE SITE OR APP IS SOLELY AT YOUR OWN RISK.
NOTHING STATED OR POSTED ON THIS SITE OR APP, OR AVAILABLE THROUGH ANY OTHER SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE.
PODCASTERS AND CONTENT CREATORS ON THE SITE AND APP MAY OFFER FINANCIAL, LEGAL OR OTHER ADVICE AND ARE DESIGNED FOR EDUCATIONAL PURPOSES ONLY. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL AND ACCREDITED LEGAL OR FINANCIAL ADVICE. NOTHING STATED OR POSTED ON THIS SITE OR APP, OR AVAILABLE THROUGH ANY OTHER SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF LEGAL COUNSEL OR PROFESSIONAL FINANCIAL ADVICE OR MANAGEMENT.
Your purchase of a product, service, or ticket to an event may or may not provide for a refund. Each specific product, service, event or course will specify its own refund policy. If you believe you are entitled to a refund for your specific purchase, please contact firstname.lastname@example.org.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by Wings Media infringe your copyright, you, or your agent may send to Wings Media a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon Wings Media LLC’s actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, Wings Media permits you to send to Wings Media a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/for details. Wings Media’s Copyright Agent for notice of claims of copyright infringement or counter notices can be reached as follows: Support@Podopolo.com
All disputes shall be governed by and construed in accordance with the laws of the State of Virginia and any dispute shall be subject to binding arbitration in Vienna, Virginia.
You may only resolve disputes with us on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed. The arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless all relevant parties specifically agree to do so following initiation of the arbitration.
As an early adopter, you agree to communicate with Podopolo and Podopolo affiliates in reference to your experience with the app and the site. We appreciate your assistance in reporting any bugs, issues, or feedback so we can improve your experience. You agree to provide accurate information to improve the app and site, and you agree to not disclose any information received or obtained through the initial private use of the product to Podopolo competitors, media organizations, or peers without the written consent of Podopolo leadership. As an early adopter, your participation is completely voluntary and can be rescinded at any time for any reason by yourself or Podopolo. Through the private ECR phases, you agree not to share negative reviews, commentary, or engage with those who do throughout the early adopter restricted period.
Podopolo may provide quests, or tasks, to provide an opportunity for you to win rewards or special perks via our “gamified” experience. The provided quests may be altered, changed, added to, or removed by Podopolo at any time for any reason. Each quest is assigned a point value determined by Podopolo according to value for the organization and value for the user. As quests are completed, users add to their accumulated point totals, and this unlocks special acknowledgement on the app, as well as free or discounted products and services, as well as donations or other mechanisms that make a positive impact on the planet around the 17 UN Global Goals.