Terms of Service

Posted: May 8, 2015.

Welcome to the website for My Podcast Reviews (“MPR” or “we”). MPR is a free and premium service to gather and deliver your international podcast reviews (“Reviews”) from iTunes and Stitcher (as configured in your account). This website is maintained and controlled on behalf of MPR by D.Joseph Design LLC. References to MPR herein shall include the person and organizations listed above.

The following terms and conditions, together with any documents they expressly incorporate by reference, including without limitation the Privacy Policy (collectively, these “Terms of Service” or “Terms”), govern your access to and use of MyPodcastReviews.com, and any related MPR websites, including without limitation any content, functionality, and services offered therein (collectively, the “Site”).

Please read the Terms of Service carefully before you start to use the Site. BY ACCESSING, BROWSING OR USING THE SITE (INCLUDING YOUR SUBMISSION OF INFORMATION TO THIS SITE), YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THESE TERMS OF SERVICE, INCLUDING THE PRIVACY POLICY (WHICH IS INCORPORATED HEREIN BY REFERENCE), AND TO COMPLY WITH ALL APPLICABLE UNITED STATES LAWS AND REGULATIONS. You agree that the Terms of Service, combined with your act of using the Site, have the same legal force and effect as a written contract with your written signature and satisfy any laws that require a writing or signature, including any applicable statute of frauds. You further agree that you shall not challenge the validity, enforceability, or admissibility of the Terms of Service on the grounds that it was electronically transmitted or authorized.

This Site is offered and available to users who are 13 years of age or older. By using this Site and any services provided by this Site (the “Services”), you represent and warrant that you meet the foregoing eligibility requirements. If you do not meet these requirements, you must not access or use the Site or use the Services.

THE INFORMATION PRESENTED ON OR THROUGH THE SITE IS MADE AVAILABLE SOLELY FOR GENERAL INFORMATION PURPOSES. WE MAY UPDATE THE CONTENT ON THIS SITE FROM TIME TO TIME, BUT ITS CONTENT IS NOT NECESSARILY COMPLETE OR UP-TO-DATE. ANY OF THE MATERIAL ON THE SITE MAY BE OUT OF DATE AT ANY GIVEN TIME, AND WE ARE UNDER NO OBLIGATION TO UPDATE SUCH MATERIAL.

Site Usage

You agree to use the Site only for lawful purposes and, except as otherwise expressly permitted by the terms of the plan to which you have subscribed, only for your own personal, noncommercial purposes. With the exception of individual Reviews, you may download or print a single copy of any portion of the content provided on the Site for your personal, noncommercial use, provided you do not remove any trademark, copyright, or other notice contained in such material. Individual Reviews may be downloaded, printed, duplicated, or shared at your will. No other use is permitted unless otherwise expressly permitted by MPR. You may not, for example, use the Site to transmit, post, download, distribute, copy, display publicly, store or destroy material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, patent, trademark, trade secret, or other intellectual property rights of others or violate the privacy or publicity or other personal rights of others, or (c) that is libelous, obscene, offensive, threatening, defamatory, abusive, or hateful.

You are prohibited from violating or attempting to violate the security measures on the Site, including (but not limited to):

  • Attempting to probe, scan, or test the vulnerability of the system or network or to breach security or authentication measures without proper authorization;
  • Attempting to interfere with service to any user, host, or network;
  • Sending unsolicited email, including promotions and/or advertising of products or services;
  • Hijacking all or any part of the Site content, deleting or changing any Site content, deploying pop-up messages or advertising, running, or displaying this Site or any Site content in frames or through similar means on another Site, or linking to the Site or any page within the Site, without our specific written permission.

Unless expressly permitted, you may not create more than one account on MPR, including, but not limited to, yourself, your business, your clients, or your podcast network.

We have absolute discretion to determine if any use violates these rules and to act as we deem appropriate in the event of any violation. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences that might involve such violations and may involve, cooperate with, and make disclosures to, law enforcement authorities in identifying and prosecuting users who are involved in such violations.

Site Contents

Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, audio, video clips, text, “look and feel,” layout, graphics, messages, files, documents, and written and other materials that appear as part of the Site (collectively, the “Contents”) whether publicly posted or privately transmitted, as well as all derivative works are property owned, controlled, licensed, or used with permission by MPR, and/or its parents, subsidiaries, members, and affiliates (collectively, “MPR”) or other parties that have licensed to or otherwise permitted their material to be used by MPR. The Site as a whole and its Contents are protected by copyright, trademark, trade dress, and other laws and all worldwide right, title, and interest in and to the Site and its Contents are owned by D.Joseph Design LLC, a limited liability company (“DJD”), or used with permission. MyPodcastReviews.com, MPR, the MPR logo, and all other trademarks appearing on this Site are trademarks of MPR or DJD or are used with the owner’s permission. You agree not to display or use such trademarks without MPR’s prior written permission. MPR disclaims any proprietary interest in trademarks, service marks, logos, slogans, domain names, and trade names other than its own.

The Contents of the Site, and the Site as a whole, are intended, except as otherwise expressly permitted by the terms of the plan to which you have subscribed, solely for personal, noncommercial use by the users of the Site and may not be used except as permitted in these Terms of Service. No right, title, or interest in any downloaded materials or software is transferred to you as a result of any downloading or copying. You may not reproduce (except as noted herein), republish, publish, upload, post, transmit, distribute (including by email or other electronic means), publicly display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related Services without the prior written consent of MPR or the owner of such material. Nothing contained on this Site grants or should be construed as granting, any license or right to use, implied or otherwise, any trademarks, trade names, service marks, trade dress, copyrighted or other proprietary material displayed on this Site without the prior written consent of MPR or the owner of such material. All rights not expressly granted herein by MPR to you are reserved by MPR and/or its licensors. Third-party trade names, product names, and logos, contained in this website may be the trademarks or registered trademarks of their respective owners.

The information presented on or through the Site (including via the Services) is made available solely for general informational purposes. We may update the content on this Site from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.

Requests to use the Content for any purpose other than as permitted in this agreement should be submitted to mail@MyPodcastReviews.com.

Property Data

Some of the data presented on this Site or via the Services is provided by or obtained from a third party using publically available resources. MPR does not own or control these data. While we strive to ensure that all information on the Site and disseminated via the Services is accurate, we make no guarantee that the data are complete, accurate, or up-to-date. The data on this Site are only as current as the last refresh of the data by the third-party provider and may appear different on this Site from the source of the data.

You may use this data—your podcast ratings and Reviews—as you deem fit, including, but not limited to, promotions, contests, testimonials, and audience engagement.

MPR may, at its discretion, use portions of this property data, including but not limited to your podcast cover art, podcast name, and host(s’) name(s) in marketing material, such as but not limited to testimonials, audio and video recordings, and web pages.

Your Privacy Rights

All information we collect on this Site is subject to our Privacy Policy. By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Links to Third Party Websites

MPR is not responsible for the contents of any linked website that may be contained on our Sites, or any link contained in a linked website, or any changes or updates to such websites. The inclusion of any link does not imply endorsement by MPR of that website and is provided only for informational purposes. MPR may, at times, use affiliate links, at its discretion, that will compensate MPR financially or otherwise. MPR reserves the right to reject any request for a link to a third-party website and to remove any link for any reason.

Indemnification

You shall indemnify, defend, and hold harmless MPR and its sponsors, business affiliates, subsidiaries, affiliates, officers, directors, employees, attorneys, and agents from and against any and all damages, claims, and actions brought by you or any third party resulting from your use of the Site in violation of these Terms or the infringement by you of any intellectual property rights of any person or entity.

Disclaimer and Limitation of Liability

THE CONTENT, SERVICES, INFORMATION, AND ACCESS TO THE SITE AND THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, AND NON-INFRINGEMENT. MPR DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR THE SERVICES IN TERMS OF ITS QUALITY, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. MPR DOES NOT WARRANT THAT ANY PART OF THE SITE WILL OPERATE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT TRANSMISSION TO OR FROM THE SITE AND ACCESS TO THE SITE WILL BE UNINTERRUPTED, CONTINUOUS, OR ERROR-FREE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

IN NO EVENT SHALL MPR OR ANY OF ITS AFFILIATED ENTITIES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, ATTORNEYS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS AND LOST REVENUES, EVEN IF MPR HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SITE, OR THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THE SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OR THE EXISTENCE OF ANY LIMITED REMEDY. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Inaccuracy; Reliance

From time to time there may be information on this Site that contains typographical errors, inaccuracies, or omissions. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY YOU OR ANY OTHER VISITOR TO THE SITE, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice.

MPR will use commercially reasonable efforts to provide accurate and updated information. However, MPR cannot and does not guarantee the accuracy or completeness of such information. Finally, through the Site and/or the Services, MPR may provide the capability for you to upload and download files from/to your computer. Although MPR takes the security precautions outlined in the Terms of Service and Privacy Policy, there can be no guarantee that files you download from the Site will be corruption-free, will not be intercepted by hackers, or will meet your needs and expectations.

Professional Advice Disclaimer

THE INFORMATION ON THE SITE AND PROVIDED THROUGH THE SERVICES IS PROVIDED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY. MPR DOES NOT GIVE TAX OR LEGAL ADVICE. YOU SHOULD ALWAYS SEEK THE ASSISTANCE OF A PROFESSIONAL FOR TAX AND LEGAL ADVICE.

Jurisdiction

This Site (excluding linked sites) is maintained and controlled on behalf of MPR by D.Joseph Design LLC, which is headquartered in the State of Kentucky, United States of America. By accessing this Site both you and MPR agree that the statutes and laws of the State of Kentucky, without regard to conflicts of laws principles thereof, will apply to all matters arising from or relating to use of this Site or the information contained herein. You agree and hereby submit to the exclusive personal jurisdiction and venue of the Kentucky state courts in county of Boone and the United States District Court for the Eastern District of Kentucky, with respect to such matters, and waive any jurisdictional or venue defenses otherwise available.

Modifications of Terms of Service

MPR, in its sole discretion, reserves the right to update, revise, supplement and to otherwise modify these Terms of Service, and to impose new or additional terms and conditions on your use of the Site from time to time. Such updates, revisions, supplements, modifications, and additional rules, polices, terms, and conditions (collectively referred to in these Terms of Service as “Additional Terms”) will be effective immediately and incorporated into these Terms of Service upon posting to the Site. Your continued viewing or use of the Site following such notice will be deemed to conclusively indicate your acceptance of any and all such Additional Terms.

Waiver

MPR’s failure to enforce strict performance of any provision of these Terms of Service will not constitute a waiver of MPR’s right to subsequently enforce such a provision or any other provision of this Agreement, nor will any delay or omission on the part of MPR to exercise or take advantage of any right or remedy that MPR has or may have hereunder operate as a waiver of any right or remedy.

Severability

In the event that any of the provisions of this Agreement shall be held by a court or other tribunal of competent jurisdiction to be invalid or unenforceable, the remaining portion hereof shall remain in full force and effect and such a provision shall be enforced to the maximum extent possible so as to effect the intent of the parties and shall be reformed to the extent necessary to make such provisions valid and enforceable.

Termination

This Agreement is effective until terminated. MPR may terminate or suspend your use of the Site at any time and without prior notice, including if MPR believes that you have violated or acted inconsistently with this Agreement. Upon any such termination or suspension, your right to use the Site will immediately cease, and MPR may, without liability to you or any third party, immediately deactivate or delete your user name, password, and account and all associated materials, without any obligation to provide any further access to such materials or refund any previously paid subscription fees.

Contact Information

Please contact mail@MyPodcastReviews.com with questions or problems with the Site, the Services, or these Terms of Service.