Podcast Garden Terms of Use


  • Introduction
  • Use of Website
  • Amendments to Terms of Use
  • Assignment
  • Copyright Infringement
  • Disclaimers and Warranties
  • Exclusive Remedy
  • Feedback Disclaimer
  • Governing Law – Dispute Resolution
  • Indemnification
  • Intellectual Property
  • Limitation of Liability
  • Monitoring User Content
  • Podcast Content Restrictions
  • Privacy Policy
  • Prohibited Website Access and Use
  • Rights and Uses of User Content
  • Service Fees and Payment
  • Service Cancellation
  • Service Termination
  • Third Parties
  • Void Where Prohibited

Introduction:
Welcome to Podcast Garden! We are grateful for each and every user. Our users have chosen to take advantage of a trusted, simple and powerful service for their podcast needs. The following information assists our users in understanding the Podcast Garden website and services terms and conditions.


Use of Website:
Accessing or using the podcastgarden.com website automatically constitutes agreement to Podcast Garden terms and conditions in this Terms of Use. The Terms of Use is a legally binding agreement between the user (User) and Podcast Garden. If a User does not agree with any provisions stated in this Terms of Use, and/or does not have the full power and authority to enter into a legally binding agreement with Podcast Garden, then the User should not access or use the Podcast Garden website or services. Users desiring to upload content to the Podcast Garden website or utilize other services within the site may be required to register for an account.  As part of the registration process, Users are asked to agree to this Terms of Use.  By doing so, Users will be deemed to be bound by this Terms of Use. Visitors to the site may view or listen to content that does not require an account.  However, through any use of the Podcast Garden website Users are agreeing to this Terms of Use.


Amendment to Terms of Use:
Podcast Garden reserves the right, in our sole discretion, to modify or replace any part of this Terms of Use at any time, effective upon the date of the change. In the event of any such change, we will post a notice on the Podcast Garden website that we have changed this Terms of Use. If Users have a Podcast Garden account, we may (but are not required to) provide Users with notice via the email address that we have on file for them that we have changed this Terms of Use. Podcast Garden and its Users understand that sometimes there are issues with email communication. Podcast Garden is not responsible if any email notice gets caught by a User’s SPAM filter so the User does not see it, if a User has given us the wrong email address or failed to update their address, or if there are other communications issues that prevent email from reaching a User. Therefore, we encourage Users to frequently visit this page periodically to monitor any changes. Users continued use of or access to the Podcast Garden website and services following the posting of any changes to this Terms of Use constitutes acceptance of those changes. Should Podcast Garden offer a new service or feature, it will be subject to the terms and conditions of this Terms of Use.


Assignment:
This Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by Users without Podcast Garden’s prior written consent.


Copyright Infringement:
Podcast Garden respects the intellectual property rights of others, and asks our Users to do the same. It is Podcast Garden's policy to respond to notices of alleged copyright infringement that comply with applicable intellectual property law (including, in the United States of America, the Digital Millennium Copyright Act and the local implementations of the European E-Commerce Directive) and to terminate the accounts of repeat infringers. Unauthorized use of copyrighted material or music covered under the umbrella of the Recording Industry Association of American or similar authority is prohibited. Any and all material, in whole and/or in part, placed on the Podcast Garden website must be owned by User, have express permission to be placed on Podcast Garden website, or have the right to be placed on Podcast Garden website in a manner consistent with well-accepted fair use standards. Any material placed on the Podcast Garden website which violates any copyright, trademark or patent laws, is pornographic, plagiaristic, defamatory, or spam, and/or violates any privacy rights is expressly forbidden. Podcast Garden reserves the right to remove, according to its sole discretion, any material deemed to be in violation of any Podcast Garden site terms and conditions. Podcast Garden also reserves the right to terminate the membership of any User who violates Podcast Garden site terms and conditions. Should a dispute arise regarding Podcast Garden material that alleges copyright infringement on the Podcast Garden website, please provide the following information to Podcast Garden at contact@podcastgarden.com: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; 2. a description of the copyrighted work alleged to be an infringement; a description of where the material that is alleged to be an infringement is located on the site; copyright owner’s address, telephone number, and email; copyright owner’s statement in good faith that the disputed use is not authorized by the copyright owner, its agent, or the law; and copyright owner’s statement, made under penalty of perjury, that the above information is accurate and that the copyright owner or its authorized agent provided the above information. Upon Podcast Garden’s receipt of copyright owner’s notice, an investigation will commence. Results of Podcast Garden’s investigation will be communicated to the copyright owner or its authorized agent no later than thirty (30) days after receipt of notice by Podcast Garden.


Disclaimers and Warranties:
Podcast Garden website and services are provided on an “as is”, “as available”, “with all faults”, and without any warranty of any kind, express or implied, basis. To the fullest extent permissible under applicable law, Podcast Garden makes no representations or warranties of any kind, whether express, implied, statutory or otherwise regarding the services or the third party content, including any warranty that the services or third party content will be uninterrupted, error free, or free of harmful components, or that any content, including User content or the third party content, will be secure or not otherwise lost or damaged. Except to the extent prohibited by law, Podcast Garden Users disclaim all express or implied warranties, including but not limited to any implied warranties of merchantability, implied warranties of title, satisfactory quality, fitness for a particular purpose, non-infringement, or quiet enjoyment, and any warranties arising out of any course of dealing or usage of trade. Without limiting the foregoing, Podcast Garden does not warrant that access to the site, and/or the services available on or through the site, will be uninterrupted or error-free, or that defects, if any, will be corrected; nor does Podcast Garden make any representations about the accuracy, reliability, currency, quality, completeness, usefulness, performance, security, legality or suitability of the services and/or the website. Users expressly agree that their use of, and reliance on, the Podcast Garden website and services is at their sole risk. Users’ sole remedy against Podcast Garden for dissatisfaction with the Podcast Garden website and/or services is to discontinue utilizing the Podcast Garden website and services and content. This limitation of relief is part of the Terms of Use and its agreement between Users and Podcast Garden. Podcast Garden is not responsible, and makes no representations or warranties for the deliver of any messages (such as emails, posting of answers or transmission of any other generated content) sent through the Podcast Garden website to anyone. Users acknowledge and agree that any data, information, content or products contained in or made available in connection with the services is not intended as a substitute for the knowledge, expertise, skill and judgment of tax, legal or other professionals. Podcast Garden makes no representation or warranties that the services or the site are appropriate of available for use in all geographic locations. Users outside the United States of American are solely responsible for compliance with all applicable laws, including without limitation export and import regulations of other countries. Neither Podcast Garden nor any third party provider, partner or affiliate warrant that the Podcast Garden website, its servers, the products or the services or any email sent from the website or any third party providers, partners or affiliates are free of viruses or other harmful components. Further, the Podcast Garden website may provide contain references or cross references to Podcast Garden products, programs and services that are not announced in your country. Such references do not imply that Podcast Garden intends to announce such products, programs or services in your country.


Exclusive Remedy:
In the event of any problem with the Podcast Garden website or services, Users agree that their sole and exclusive remedy is to cease using the website and services. Under no circumstances will Podcast Garden, its affiliates, or licensors be liable in any way for a User’s utilization of the Podcast Garden website, Podcast Garden services, User’s content, the commercial products or third party User generated content available on or through the Podcast Garden website, including, but not limited to, any errors or omissions, any infringement of the intellectual property rights or other rights of third parties, or for any loss or damage of any kind incurred as a result of, or related to, the use of the Podcast Garden website and Podcast Garden services. Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the exclusions set forth above may not apply to certain Users.


Feedback and Suggestions:
Any questions, comments, suggestions, ideas, feedback, artwork or other information provided by Users to Podcast Garden are not confidential and Users grant Podcast Garden a worldwide, perpetual, irrevocable, royalty-free license to reproduce, display, perform, distribute, publish, modify, edit or otherwise utilize Users’ information/communication as we deem appropriate, for any and all commercial and/or non-commercial purposes, in our sole discretion.


Governing Law – Dispute Resolution:
Users agree that all matters relating to User access to or use of the Podcast Garden website or any of its content, including all disputes, will be governed by the laws of the United States of America and by the laws of the State of Arizona without regard to its conflicts of laws provisions. Any claim under these Podcast Garden Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is permanently barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorney's fees. In the event of any controversy or dispute between Podcast Garden and a User arising out of or in connection with a User’s use of the Podcast Garden website or any of its content, the parties will attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties will be free to pursue any right or remedy available to them under applicable law. However, the exclusive jurisdiction and venue for actions related to the subject matter hereof will be the state and federal courts located in Phoenix, Arizona and Users hereby submit to the personal jurisdiction of such courts. Users hereby waive any right to a jury trial in any proceeding arising out of or related to this Terms of Use. All Podcast Garden Users should read the Privacy Policy and use the information it contains to help them make informed decisions. Please also note that certain information, statements, data and content (such as photographs) which Users may post to the Site are likely to reveal the User’s gender, ethnic origin, nationality, age, and/or other personal information. Users acknowledge and agree that submission of such information is voluntary on their part. Further, Users acknowledge, consent and agree that Podcast Garden may access, preserve, and disclose User registration and any other information provided if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary in the sole discretion of Podcast Garden. Disclosures of User information to third parties are further addressed in the Privacy Policy. Users acknowledge that a violation or attempted violation of any of this Terms of Use will cause such damage to Podcast Garden as will be irreparable, the exact amount of which would be impossible to ascertain and for which there will be no adequate remedy at law. Accordingly, Users agree that Podcast Garden will be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of these terms and conditions by the User, or the User’s affiliates, partners, or agents, as well as to recover from Users any and all costs and expenses sustained or incurred by Podcast Garden in obtaining such an injunction, including, without limitation, reasonable attorney's fees. Users agree that no bond or other security will be required in connection with such injunction. In no event will Users be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of Podcast Garden or the Podcast Garden website or any content used or displayed through the Podcast Garden website. If any of the provisions of this Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions will be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of this Terms of Use, so that this Terms of Use will remain in full force and effect. This Terms of Use constitutes the entire agreement between Users and Podcast Garden with regard to a User’s utilization of the Podcast Garden website, and any and all other written or oral agreements or understandings previously existing between a User and Podcast Garden with respect to such use are hereby superseded and cancelled. Podcast Garden will not accept any counter-offers to this Terms of Use, and all such offers are hereby categorically rejected. Podcast Garden’s failure to insist on or enforce strict performance of this Terms of Use will not be construed as a waiver by Podcast Garden of any provision or any right Podcast Garden has to enforce this Terms of Use, nor will any course of conduct between Podcast Garden and a User or any other party be deemed to modify any provision of this Terms of Use. This Terms of Use will not be interpreted or construed to confer any rights or remedies on any third parties. Users are prohibited from transferring any of their rights or obligations under this Term of Use to anyone else without Podcast Garden’s prior written consent. All Podcast Garden rights and obligations under this Terms of Use are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise. A printed version of this Terms of Use and of any related notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.


Indemnification:
Users will defend, indemnify, and hold harmless Podcast Garden employees, officers, directors, and representatives from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to any third party claim concerning: (a) a User’s or any end users’ use of the service (including any activities under a User’s Podcast Garden account and use by a User’s employees and personnel); (b) breach of this Terms of Use or violation of applicable law by a User or any End User; (c) User’s content or the combination of a User’s content with other applications, content or processes, including any claim involving alleged infringement or misappropriation of third-party rights by a User’s content or by the use, development, design, production, advertising or marketing of a User’s content, or the violation of any other third party right including without limitation any copyright, property, or privacy right; (d) a dispute between a User and any other User; or (e) any claim that a User’s Podcast Garden content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and a User’s utilization of the Service. If we or our affiliates are obligated to respond to a third party subpoena or other compulsory legal order or process described above, Users will also reimburse Podcast Garden for reasonable attorneys’ fees, as well as our employees’ and contractors’ time and materials spent responding to the third party subpoena or other compulsory legal order or process at our then-current hourly rates. Podcast Garden will promptly notify a User of any claim against Podcast Garden listed above, but our failure to promptly notify a User will only affect a User’s obligations in above section to the extent that our failure prejudices a User’s ability to defend the claim. Users may: (a) use counsel of their own choosing (subject to our written consent) to defend against any claim; and (b) settle the claim as they deem appropriate, provided that they obtain our prior written consent before entering into any settlement. Podcast Garden may also assume control of the defense and settlement of the claim at any time. Users agree to indemnify, hold harmless, and defend Podcast Garden and its licensors, suppliers, officers, directors, employees, agents, affiliates, subsidiaries, successors and assigns (collectively "Indemnified Parties") from and against any and all liability, loss, claim, damages, expense, or costs (including but not limited to attorneys' fees), incurred by or made against the Indemnified Parties in connection with any claim arising from or related to (i) a User’s utilization (or anyone using a User’s account) the Podcast Garden website or services, (ii) a User’s content, or (iii) any commercial products a User offers on or through the Podcast Garden website or using Podcast Garden services. This includes, but is not limited to, any breach or violation of this Terms of Use by a User or anyone utilizing a User’s account. Users agree to fully cooperate at their expense as reasonably required by an Indemnified Party. Each Indemnified Party may, at its election, assume the defense and control of any matter for which it is indemnified hereunder. Users will not settle any matter involving an Indemnified Party without the consent of the applicable Indemnified Party.


Intellectual Property:
Podcast Garden enforces its intellectual property rights to the fullest extent of the law. Podcast Garden Users acknowledge and agree that it is illegal to copy, reproduce or distribute copyrighted material without permission, and violators may be subject to civil and criminal actions and penalties both in the United States of America and worldwide. Copyrighted material includes, but is not limited to, computer programs and accompanying sounds, images and text.
Podcast Garden website Users, including but not limited to a User of a Podcast Garden service, acknowledge and agree that they are bound by and will observe United States of America and international copyright and intellectual property laws and the provisions of this Terms of Use, and that they will report incidents of suspected piracy to Podcast Garden at support@podcastgarden.com.


Limitation of Liability:
In no event will Podcast Garden, its officers, directors, employees or agents, be liable to any User or any other person for damages of any kind, including without limitation any punitive, exemplary, consequential, incidental, indirect or special damages (including, without limitation, any personal injury, lost profits, business interruption, loss of programs, goodwill or other data on the User’s computer or otherwise) arising from or in connection with use of the Podcast Garden website, services, User’s content, commercial products or any third-party User generated content available on or through the Podcast Garden website, whether under a theory of breach of contract, negligence, strict liability, malpractice other otherwise, even if Podcast Garden has been advised of the possibility of such damages. Users hereby release Podcast Garden and hold Podcast Garden and its parents, subsidiaries, affiliates, licensors, and their officers, directors, trustees, subcontractors, agents and employees, harmless from any and all claims and demands, and damages of every kind and nature (including, without limitation, actual, special, incidental and consequential), known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with access to and the use of the Podcast Garden website, services, products, User’s content, commercial products or any third-party User generated content available on or through the Podcast Garden website; errors, mistakes or inaccuracies of content; any unauthorized access to or use of our servers, and/or any and all personal information, and/or any and all financial information stored therein; any interruption or cessation of transmission to or from our services; any bugs, viruses, Trojan horses, or the like which may be transmitted to or through our services by any third party; and/or any errors or omissions in any content or for any loss or damage of any kind incurred as a result of any User’s utilization of any content posted, emailed, transmitted or otherwise made available through our services, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of such damages. Podcast Garden and its affiliates or licensors will not be responsible for any compensation, reimbursement, or damages arising in connection with: (a) the User’s inability to use the services, including as a result of any the User’s utilization of or access to the services or Podcast Garden’s discontinuation of any or all of their services, or as a result of any unanticipated or unscheduled downtime of all or a portion of Podcast Garden services for any reason, including as a result of power outages, system failures or other interruptions; (b) the cost of procurement of substitute goods or services; (c) any investments, expenditures, or commitments by the User in connection with its use of or access to Podcast Garden services; or (d) any unauthorized access to, alteration of, or the deletion, destruction, damage, loss or failure to store any of a User’s content or other data. In any case, Podcast Garden and our affiliates’ and licensors’ aggregate liability under this term will be limited to the amount the User actually paid to Podcast Garden under this Terms of Use for the Podcast Garden service that gave rise to the claim during the six (6) months preceding the claim. Users hereby waive the provisions of any state or local law limiting or prohibiting a general release. The foregoing limitation of liability will apply to the fullest extent permitted by law in the applicable jurisdiction.


Monitoring User Content:
Podcast Garden may, but has no obligation to, monitor User content on the Podcast Garden website or podcasts created using Podcast Garden services. Podcast Garden may disclose any information necessary or appropriate to satisfy our legal obligations, protect Podcast Garden and/or its Users, or operate the Podcast Garden services properly. Podcast Garden, in its sole discretion, may refuse to post, remove, or require a User to remove, any User content, in whole or in part, alleged to be unacceptable, undesirable, inappropriate, or in violation of this Terms of Use.


Podcast Content Restrictions:
Podcast Garden is not the place for profanity, illegal, provocative, slanderous, libelous, nude, or pornographic content. Please do not post content that promotes hatred, public endangerment, or incites violence as its primary objective. User podcast content which is possibly harmful to minors by their participation in dangerous acts or in situations requiring an adult level of technical skill or judgment must be marked “Explicit”. Podcast Garden Users are expressly forbidden to post copyrighted content the User doesn’t own without attribution, or permission as expressly required by the copyright holder. Exceptions - video snippets or music tracks. Podcast Garden recommends giving attribution even for brief snippets such as interludes, intros and outros in order to avoid any copyright infringement issues.


Privacy Policy:
Podcast Garden operates http://www.podcastgarden.com. Policies regarding the collection, utilization and disclosure of personal information received from Users of this website are as follows: Podcast Garden only utilizes User personal information for providing and improving the website. Use of the website constitutes agreement to the collection and use of information in accordance with this policy. Users of Podcast Garden may be asked to provide certain personally identifiable information that can be used to contact or identify them. Personally identifiable information may include, but is not limited to the User name. Podcast Garden, like many website operators, collects information that a User’s browser sends whenever the User visits our website ("Log Data"). This Log Data may include information such as a User’s computer's Internet Protocol ("IP") address, browser type, browser version, the pages of our website which the User visits, the time and date of the visit, the time spent on those pages and other statistics. In addition, Podcast Garden may use third party services such as Google Analytics that collect, monitor and analyze this information. Podcast Garden may utilize Users’ personal information to contact them with newsletters, marketing or promotional materials and other information. Users understand and agree that Podcast Garden services may include advertisements and that these advertisements are necessary for Podcast Garden to provide their services. Users understand and agree that the services may include certain communications from Podcast Garden, such as service announcements, administrative messages and the Podcast Garden Newsletter, and that these communications are considered part of Podcast Garden membership. Cookies are files with small amount of data, which may include an anonymous unique identifier. Cookies are sent to a User’s browser from a web site and stored on their computer's hard drive. Podcast Garden, like many sites, uses "cookies" to collect information. Users can instruct their browser to refuse all cookies or to indicate when a cookie is being sent. However, if Users do not accept cookies, they may not be able to use some portions of the Podcast Garden website. The security of our Users’ personal information is important to us, but remember that no method of transmission over the Internet, or method of electronic storage, is 100% secure. While we strive to use commercially acceptable means to protect our Users’ personal information, we cannot guarantee its absolute security. This Privacy Policy is effective as of August 1, 2016, and will remain in effect except with respect to any changes in its provisions in the future, which will be in effect immediately after being posted on this page. We reserve the right to update or change our Privacy Policy at any time and Users should check this Privacy Policy periodically. A User’s continued use of the Podcast Garden website after we post any modifications to the Privacy Policy on this page will constitute a User’s acknowledgment of the modifications and consent to abide and be bound by the modified Privacy Policy. If Podcast Garden makes any material changes to this Privacy Policy, Users will be notified either through email addresses provided to us, or by placing a prominent notice on our website.


Prohibited Website Access and Use:
Data mining, robots, or similar data collection and/or extraction tools and processes are prohibited. Accessing, acquiring, copying, and/or monitoring of any Podcast Garden website information, including but not limited to User information, is prohibited. Solicitation of any kind using Podcast Garden website information, and/or any information derived from the website or its use, is prohibited. Modification, copy or use of the Podcast Garden website and its contents, in whole or in part, for resale or commercial purposes is prohibited.  No part of the Podcast Garden website and no Podcast Garden content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Podcast Garden’s express prior written consent. Framing or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Podcast Garden without express written consent is prohibited. Use of meta tags or any other “hidden text” utilizing Podcast Garden’s name or trademarks without the express written consent of Podcast Garden is prohibited. Any unauthorized use terminates the permission or license granted by Podcast Garden. Podcast Garden Users are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Podcast Garden site, as long as the link does not portray Podcast Garden, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. Use of any Podcast Garden logo or other proprietary graphic or trademark as part of the link without express written consent is prohibited. Users are prohibited from use or export or re-export any Podcast Garden content or any copy or adaptation of its content, or any Podcast Garden product or service offered on the Podcast Garden website, in violation of any applicable laws or regulations, including without limitation United States of America export laws and regulations.


Rights and Uses of User Content:
As long as Users comply with this Terms of Use, Podcast Garden grants Users a personal, non-exclusive, non-transferable, limited privilege to enter and use the Podcast Garden website and its services. Users are solely responsible for their content and all obligations and consequences of uploading or publishing their content.  Users agree and warrant that they own and/or have the rights to all their content. Users are legally responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages or other products uploaded, posted or stored in connection with their use of Podcast Garden services. Podcast Garden is not responsible for User content. Users hereby grant Podcast Garden a worldwide, royalty-free, non-exclusive license to: a) host and utilize User content in order to provide the User with Podcast Garden services; b) to use, copy, encode, store, archive, distribute, transmit, create teaser content, publicly display and publicly perform and distribute to third party websites and through embedded media players, User content in whole or in part via any means, including, without limitation, the internet or by wireless transmission, in connection with any Podcast garden property; c) to use, copy, translate, display, publish and transmit User content for the purpose of developing and operating the Podcast Garden website and Users hereby represent and warrant that they have all the rights necessary to grant Podcast Garden such license. Users are responsible for any content that may be lost or unrecoverable through their use of the Podcast Garden services. Podcast Garden strongly encourages Users to archive their content regularly and frequently. Podcast Garden may determine in its sole discretion whether or not an account is in violation of the Terms of Use policies. Violation of any of these policies may result in User information tracking with such information being stored to identify the offending User. Offending Users may be permanently restricted from holding an account or using Podcast Garden services. If Podcast Garden reasonably determines that a User account is being used for illegal or fraudulent activity then that account may be immediately terminated and User financial data erased. Podcast Garden may also report the User to law enforcement officials in the appropriate jurisdictions.


Service Fees and Payment:
Some services offered by Podcast Garden require payment of fees. Users electing to sign up for a Podcast Garden service for which a fee is required will pay all applicable fees as described on Podcast Garden website in connection with such fee-based services selected by the User. Podcast Garden reserves the right to change its fees at any time. Users may authorize Podcast Garden, directly or through third parties, to make any inquiries it considers necessary to validate a User’s account and financial information provided while signing up for fee-based services.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and Users will be responsible for payment of all such taxes, levies, or duties. Users agree to pay any such taxes that might be applicable to their use of fee-based services and payments made by them to Podcast Garden.
All fees related to using fee-based services are charged automatically on a recurring basis (monthly or annually) using the payment method as determined in the Podcast Garden website. If Podcast Garden does not receive a request by the User, through the User's Podcast Garden account page, for fee-based services termination, the User acknowledges and understands that Podcast Garden will continue to charge the User for the fee-based services as long as the User’s account remains active, regardless of whether the fee-based services are utilized.
If, at any time, a User contacts their bank, credit card company, PayPal, Stripe or other payment service and declines or otherwise rejects the charge of any payable fees, this act will be considered a breach of the User’s obligation hereunder and the User will automatically be terminated from that fee-based service. Use of the Podcast Garden fee-based services will not resume until the User re-subscribes for any such services. Users purchasing fee-based services will pay any and all prices and fees due for such services. All prices and fees are non-refundable, after a seven (7) day grace period, unless otherwise expressly noted, even if the fee-based services are suspended, terminated, or transferred prior to the end of the fee-based services term. Users have seven (7) days after payment to cancel services in writing and request a full refund from Podcast Garden. (Please note: Users can also opt for a free, limited time Podcast Garden account to try services prior to signing up for fee-based services). Podcast Garden expressly reserves the right to change or modify its prices and fees at any time, and such changes or modifications will be posted online at the Podcast Garden website and effective immediately without need for further notice to any User. Any changes or modifications in prices and fees will be effective when the fee-based services in question come up for renewal as further described below.
In order to ensure that Users do not experience an interruption in service or a loss of service, hosting plans automatically renew (annually or monthly, depending on the User’s choice). The automatic renewal option automatically renews the applicable fee-based service for a renewal period equal in time to the original service period. For example, if the User originally chose a service period of one year, the User’s renewal period will be on an annual basis for the service period of one year. The automatic renewal option is the default setting regardless of the fee-based service chosen by the User, even though other details of the services may vary. Therefore, unless a User cancels their subscription, Podcast Garden will automatically renew the applicable fee-based service chosen by the User when it comes up for renewal, and will take payment from the payment method the User has on file with Podcast Garden at Podcast Garden’s then current rates, which the User acknowledges and agrees may be higher or lower than the rates for the original fee-based service period. Users may cancel their subscription from such fee-based services prior to the automatic renewal at any time. In such event the fee-based services will be discontinued upon the expiration of the respective period the User paid for and the User will not have any claims toward Podcast Garden in relation to the discontinuation of the fee-based services.


Service Cancellation:
Should a User desire to cancel their fee-based service User must cancel their recurring subscription through PayPal or the Credit Card processor established at the time of their paid account subscription. At this time podcasts are stored on Podcast Garden servers indefinitely. After cancellation, the User will continue to have access to their content as long as it remains the policy of Podcast Garden to retain cancelled account Users' content. However, Podcast Garden takes no responsibility and is under no obligation to host the media content, images, channel descriptions, or any other content related to a cancelled User account. Users may, at their discretion delete their Podcast Garden account. Podcast Garden accepts no liability for such deleted information or content. If a User’s payment is invalid for any reason, their fee-based service may be cancelled. Podcast Garden accepts no liability for account profile information that may be deleted due to a failed payment. Users agree that Podcast Garden, in its sole discretion, may terminate their password, and/or account, and remove and discard any content within the fee-based service, for any reason, including and without limitation, the lack of use, or if Podcast Garden has a good faith reason to believe that the User has violated or acted inconsistently with the letter or spirit of the Terms of Use. Any contracts, verbal or written or assumed, in conjunction with the User’s deleted podcast account (as applicable) and all its parts, at Podcast Garden's discretion, may be terminated as well. Podcast Garden may also in its sole discretion and at any time, discontinue providing the fee-based service, or any part thereof, with or without notice. Users agree that any termination of their access to fee-based services under any provision of this Terms of Use may be effected without prior notice, and acknowledge and agree that Podcast Garden may immediately deactivate or delete their podcast site, as applicable, and all related information and files. Podcast Garden reserves the right to bar any further access to such files or a fee-based service. Paid accounts that are terminated will not be refunded. Podcast Garden's obligations, if any, with regard to its products and fee-based services are governed solely by the agreements pursuant to which they are provided, and nothing on the Podcast Garden website should be construed to alter such agreements. Some of the features on some fee-based services require payment of fees, as described for each service on the Podcast Garden website. If a User signs up for these features, the User must pay all applicable feature fees. Podcast Garden reserves the right to change our prices and/or bundle certain features of some services together for pricing purposes, and may do so at any time. Users authorize Podcast Garden to make any reasonably necessary inquiries to validate their account and financial information. All Fees are in United States of America Dollars (USD) and are exclusive of all taxes, levies, or duties imposed by taxing authorities, and Users are responsible for payment thereof. Users are solely responsible for properly cancelling their account before the next regular subscription payment. An email or telephone request to cancel a User account is not considered cancellation. Users may cancel their account at any time. Users utilizing PayPal are responsible to confirm cancellation via the PayPal site. Podcast Garden is not responsible for charges occurring from improperly cancelled fee-based services. Users who cancel their fee-based service before the end of their current paid-in-full month will have their fee-based service cancelled immediately and they will not be charged again. Deleting a Podcast Garden account is not the same as cancelling a Podcast Garden account. Only services and features clearly indicated as "free" or "no charge" are free or without charge. It is not the responsibility of Podcast Garden to provide free support for Users in the use and operation of Podcast Garden. All other applications, features, functionality and support provided by Podcast Garden are provided for the fees described for each service on the Podcast Garden website and Users are responsible for such fees.


Service Termination:
Services may be terminated by Podcast Garden, without cause, at any time. Services may be terminated by Users, without cause, by following the cancellation procedures set forth in the Terms of Use. Services may be terminated at any time, without penalty and without notice, if a User fails to comply with any of the Terms of Use or the intellectual property protections applicable to these Services. Podcast Garden may modify, replace, refuse access to, suspend or discontinue a User’s services, partially or entirely, or add, change and modify prices for all or part of the services for a User or for all our Users at any time and in our sole discretion. All of these changes will be effective upon their posting on the Podcast Garden website or by direct communication to a User unless otherwise noted. Podcast Garden further reserves the right to withhold, remove and/or discard any content available as part of a User’s account, with or without notice if deemed by us to be contrary to this Terms of Use Notice of termination of services by Podcast Garden may be sent to the contact e-mail associated with a User’s account. Upon termination, Podcast Garden has the right to delete all data, files, or other information that is stored in a User’s account. Podcast Garden has no obligation to store, maintain or provide a User with a copy of any content that a User provides when using the Services.


Third Parties:
Podcast Garden may contain links to third party websites and/or services which it does not own, control, service or operate and is, therefore, not responsible for. Nor does Podcast Garden approve or endorse or vet any third party website and/or service. Users specifically acknowledge that Podcast Garden will not be liable for content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from a third party rests entirely with Users. Users should exercise caution when accessing a third party website. Clicking on a link to another website immediately terminates all responsibility by Podcast Garden with regard to the third party website a User chose to enter by clicking on the link.


Void Where Prohibited:
Any offer for any feature or service provided on the Podcast Garden website is void where prohibited. Should a User choose to access the Podcast Garden website from outside the United States of America, the User does so on their own initiative and they are solely responsible for complying with applicable local laws. Podcast Garden administers and operates the Podcast Garden website from its location in Arizona. Other Podcast Garden sites may be administered and operated from various locations.  Although the Podcast Garden website is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Podcast Garden website are available to all persons or in all geographic locations.