Terms of use

Your Acceptance

Welcome to the PodLounge. The PodLounge provides you this site on the following Terms of Use ("Terms"). These Terms may be updated from time to time without prior notice. In addition, any sites provided by The PodLounge shall be subject to these Terms of Use, together with any additional guidelines applicable to those sites which may be posted from time to time.

Help us to keep The PodLounge as a positive experience for all its users. If you see a podcast or discussion subject that violates the Terms below, please contact us through "The PodLounge Police” at admin@thepodlounge.com

Our Site

The PodLounge provides the user with a wide range of content and on-line resources related to podcasting through its site. Any additional features that enhance our current Site shall be subject to the TERMS together with any specific Terms relevant to any additional feature. The user understands and agrees that the Site is provided on an "AS-IS” basis and that The PodLounge assumes no responsibility for the speed, deletion or failure to retain and operate any personal settings.

In order to use The PodLounge the user accepts responsibility for the provision of internet access, and any equipment and software that is required to access The PodLounge. Any fees, charges and capital required to provide access to these sites and equipment you agree is also your sole responsibility. Please be aware that The PodLounge may contain adult or mature content which inadvertently has slipped through our filtering systems. If you choose to access this type of material legally you must be at least 18 years of age.

Member Registration Conditions

If The PodLounge has reason to suspect that your use of the Site and in particular the member benefits is illegal, abusive, vulgar, harmful, threatening, harassing, defamatory, obscene, libelous, an invasion of other individuals privacy racially, sexually or ethnically, objectionable or encourage conduct deemed to be unlawful, The PodLounge reserves the right to suspend or terminate your account and refuse all current or future use of the Site.

Privacy Policy

Any information collected by The PodLounge about you is subject to our Privacy Policy. For further details the full version of our Privacy Policy is available at www.thepodlounge.com/privacy.php. Generally The PodLounge will not share your user information with others except where your e-mail address is required when you are buying, selling or bidding. This is required for the completion of a transaction.

Account, Password and Security

Each new user of the Members Lounge will need to register with a username and password which must be unique. The user is responsible for maintaining the confidentiality of their own password and account details, and fully responsible for all activities that occur under their account. The user agrees to exit their session, notify The PodLounge if any unauthorised use occurs, or any other security breach. The PodLounge can not be held liable for any damage, loss or defamation from any failure on the user"s part to comply with this rule.

Member Conduct

The user understands that all information in the form of data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content”), whether it is sent publicly or privately, is solely the responsibility of the originator of the Content. Therefore the user accepts responsibility in its entirety for all the Content they upload, and absolve The PodLounge of all responsibility. The PodLounge does not control the Content posted on the Site and, therefore does not guarantee the accuracy, integrity or quality of any Content. As a user you understand that by using The PodLounge, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will The PodLounge be liable in any way for any content, including, but not limited to, any errors or omissions in Content, or any loss or damage of any kind incurred as a result of the use of any Content posted on the Site. You agree to not use the Site for the purpose of:

uploading, posting or otherwise transmitting any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another"s privacy, hateful, racially, sexually, ethnically or otherwise objectionable or vilifying;

1. harming minors in any way including those mentioned in 1.;
2. impersonating any person or entity, including, but not limited to, an official, forum leader, moderator of The PodLounge, or falsely misrepresent your affiliation with a person or entity;
3. forging headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Site;
4. uploading, posting or otherwise transmitting any Content that you have no right to transmit under;
5. uploading, posting or otherwise transmitting any Content that infringes the patent, trademark, trade secret, copyright or other proprietary rights ("Rights”) of any party;
6. uploading, posting or otherwise transmitting any unsolicited or unauthorised advertising, promotional materials, "junk mail”, "spam”, "chain letters”, "illegal schemes” or any other form of solicitation, except in areas (such as The Shopping Lounge) designated for such a purpose;
7. uploading , posting or otherwise transmitting any material that contains software viruses, trojans or worms, or any other computer code, executable files or programs designed to interrupt, destroy or limit the normal function of any computer software, hardware or telecommunications equipment;
8. disrupting the normal flow of dialogue, or otherwise act in a manner that effects other users" ability to communicate in real time exchanges;
9. interfering with or disrupting the Site or servers or networks connected to the Site, or disobeying any requirements, procedures, policies or regulations of networks connected to the Site;
10. "stalking” or otherwise harassing another, directly or indirectly; or inciting others to do likewise or
11. collecting or storing personal data about other users.

The user acknowledges that The PodLounge does not pre-screen Content, but that The PodLounge and its designees has the right (but not the obligation) at their sole discretion to refuse or remove any Content that is available via the Site. Without limiting the foregoing, The PodLounge and its designees has the right to remove any Content that violates the TERMS or is otherwise objectionable. The user agrees that all risks must be evaluated and accepted by the user, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, the user acknowledges that they may not rely on any Content submitted to The PodLounge, including without limitation any information posted within The PodLounge Forums and all other parts of the Site.

The user acknowledges and agrees that The PodLounge may preserve Content and disclose it if required by law to comply with a legal process; enforce our TERMS; respond to claims that certain Content violates the rights of others; or protect the rights, property, and or personal safety of The PodLounge, its users, staff and the general public.

The user acknowledges that the technical processing and transmission of the Site, including your Content, may involve transmissions over various inter-connecting networks, and may change to conform or adapt to technical requirements of the various connecting networks and equipment.

Special Considerations For International Users

The Internet is a global channel of communications; as such the user agrees to comply with all local laws regarding online conduct and acceptable Content within your country of residence.

Public Content Posted To The PodLounge

1. Areas of The PodLounge that are publicly accessible include all areas with the exception of The Members Lounge.
2. Any Content you elect to post within any area of The PodLounge you agree to grant The PodLounge the world-wide, royalty free and non-exclusive license to reproduce, modify, adapt and publish such Content on the Site solely for the purpose of display, distribution and promotion. This license remains valid until such time as the user or The PodLounge removes the content from the Site.

Indemnity

As The PodLounge has no control over the Content of the Site the user agrees to indemnify and hold The PodLounge, and its subsidiaries, officers, or other partners, and staff, free from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of Content you submit, post or transmit through the Site, your use of the Site, your connection to the Site, your violation of the TERMS, or your violation of any rights of other individuals or entities.

No Resale Of Site

The user agrees not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, use or access to the Site.

General Practices Regarding Use and Storage

The user acknowledges that The PodLounge is entitled to establish general practices and limits concerning the use of the Site, including but without limitation to the maximum number of days that postings or other uploaded Content will be retained by the Site. The user agrees that The PodLounge has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Site. The user acknowledges that The PodLounge reserves the right to remove accounts that are inactive for an extended period of time. The user further acknowledges that The PodLounge reserves the right to change its general practices and limits from time to time, at its own discretion, and without notice.

Modifications To The Site

The PodLounge reserves the right at any time to modify or discontinue, temporarily or permanently, partially or as a whole any area of The PodLounge without any notice. The user agrees that The PodLounge shall not be liable to the user or to any other party for any modification, suspension or discontinuance of the Site.

Termination

The user agrees that The PodLounge, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Member Lounge, and remove and discard any Content within the Site, for any reason, including, without limitation, for lack of use or if The PodLounge believes that you have violated or acted inconsistently with the letter or spirit of the TERMS. The PodLounge may also in its sole discretion and at any time discontinue providing the Site, or any part thereof, with or without notice. The user agrees that any termination of user access to the Site under any provision of these TERMS may be affected without prior notice, and acknowledge and agree that The PodLounge may immediately deactivate or delete the user"s account and all related information and files in the account and/or bar any further access to such files or the Site. Further, the user agrees that The PodLounge shall not be liable to the user or any third-party for any termination of access to the Site.

Daling With Advertisers

Any user correspondence or business dealings with, any participation in promoters advertisements found in any area of the Site, including any transactions and delivery of related goods or sites, and any other Terms, conditions, warranties or representations associated with such dealings, are solely between the user and the advertiser. The user agrees that The PodLounge shall not be responsible or liable for any loss or damage incurred as the result of any such dealings or as the result of the presence of such advertisers on the Site.

Links

The Site may provide, or third parties may provide, links to other sites on the internet or resources. Because The PodLounge has no control over such sites and resources, and as such the user acknowledges and agrees that The PodLounge is not responsible for the availability of any such sites or resources, does not endorse them and is not responsible or liable for their Content, whether it be advertising, products, or other materials made available on or from such sites or resources. The user further acknowledges and agrees that The PodLounge shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or sites available on or through any such site or resource.

The PodLounge's Proprietary Rights

The user acknowledges and agrees that the Site and any necessary software used in connection with the Site ("Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. The user further acknowledges and agrees that Content contained in sponsor advertisements or information presented to the user through the Site is protected by copyrights, trademarks, site marks, patents or other proprietary rights and laws. Except as expressly authorised by The PodLounge or advertisers, the user agrees not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site or the Software, wholly or partially.

The PodLounge grants the user a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. The user agrees not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorised access to the Site. The user agrees not to access the Site by any means other than through the interface that is provided by The PodLounge for use in accessing the Site.

Disclaimer Of Warranties

The user expressly understands and agrees that:

1. The use of the Site is at the user"s own risk. The Site is provided on an "as is” basis and is available subject to various technical constraints and anomalies that occur from time to time. The PodLounge expressly disclaims all warranties of any kind, whether expressed or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement;
2. The PodLounge makes no warranty that:

• the Site will meet the users requirements;
• the Site will be uninterrupted, timely, secure, or error-free;
• the service obtained from the Site will be accurate or reliable;
• the quality of any products, sites, information, or other material purchased or obtained by the user through the Site will meet the users expectations; and
• any errors in the Software will be corrected.
• any material downloaded or otherwise obtained through the use of the Site is done at the users own discretion and risk, and that the user will be solely responsible for any damage to their computer system or loss of data that results from the download of any such material.
• no advice or information, whether oral or written, obtained by the user from The PodLounge, or through or from the Site shall create any warranty not expressly stated in these TERMS.

Limitation Of Liability

The user agrees that The PodLounge shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, damages from loss of profits, goodwill, data or other intangible losses, resulting from:

• the use of the Site or the inability to use the Site;
• the cost of procurement of substitute goods and sites resulting from any goods, data, information or messages received or transactions entered into through or from the Site;
• unauthorised access to or alteration of the users transmissions or data;
• statements or conduct of any third party on the Site; or
• any other matter relating to the Site.

Exclusions And Limitations

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of sections 17 and 18 may not apply to you.

Warning Relating To Financial Matters

Should the user intend to join any site, receive or request information such as news, messages, alerts or other information from the Site concerning companies, stock quotes, investments or securities, please read the above section on Limitation of Liability again as it is particularly relevant. In addition, for this type of information, the phrase "Caveat emptor” or "Buyer beware” is especially appropriate. The Site is provided for informational purposes only, and no Content included in this Site is intended for trading or investing purposes. The PodLounge shall not be responsible or liable for accuracy, usefulness or availability of any information transmitted via the Site, and shall not be responsible or liable for any trading or investment decisions made based on such information by the user or any third party.

Notice

Notices to the user may be made via either podcast, email or regular mail. The Site may also provide notices of changes to the TERMS or other matters by displaying notices or links to notices on the Site.

Trademark Information

The PodLounge is a registered trademark and property of Essentia Group. The PodLounge name, The PodLounge logo, The PodLounge in Chinese Characters, trademarks and site marks, and other The PodLounge logos and product and site names are trademarks of Essentia Group. Without prior permission of Essentia Group, you agree not to display or use in any manner The PodLounge name, logo's and marks.

Copyrights and Copyright Agents

The PodLounge respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the following information:

1. a statutory declaration from the person authorised to act on behalf of the owner of the copyright interest;
2. a description of the copyrighted work that is claimed to have been infringed;
3. a description of where the infringing material is located on the Site;
4. your address, telephone number, and email address;
5. a statement by the copyright owner that the disputed use is not authorised by the copyright owner, its agent, or the law; evidence that what you claim is true, and that you are the copyright owner or are authorised to act on the copyright owner"s behalf.

The PodLounge Police for claims of copyright or other intellectual property infringement can be reached through the Contact us link on the Site.

When using the Site the user may provide us with information about yourself or other matters. The user grants The PodLounge exclusive rights to this information, and all information derived or generated from it, in all existing or future media. These rights are consistent with our privacy policy, and enable us to repackage and resell it to anyone for any reason. As used in this paragraph, information includes but is not limited to data, text, photographs, drawings, sound recordings, feedback, and any other information or data displayed or presented by the user on the Site.

General Information

The TERMS constitute the entire agreement between a user and The PodLounge and govern the users use of the Site, superseding any prior agreements between the user and The PodLounge. The user may also be subject to additional Terms and Conditions that may apply when the user uses affiliate sites, third-party content or third-party software. The TERMS and the relationship between a user and The PodLounge shall be governed by the laws of the State of Victoria and the laws of the Commonwealth of Australia without regard to its conflict of law provisions. The user and The PodLounge agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Victoria and Australia. The failure of The PodLounge to exercise or enforce any right or provision of the TERMS shall not constitute a waiver of such right or provision. If any provision of the TERMS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties" intentions as reflected in the provision, and the other provisions of the TERMS remain in full force and effect. The user agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the TERMS must be filed within six months after such claim or cause of action arose or be forever barred.

There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between The PodLounge and any user of the Site. Any notice to a user or to us shall be made by either podcast, email or regular mail. We may also give notice of changes to these Terms and Conditions or other matters related to. The user agrees not to resell or assign any rights or obligations under these Terms and Conditions. The user also agrees not to make any unauthorised commercial use of the Site.

The section titles in the TERMS are for convenience only and have no legal or contractual effect.

Violations

Please report any violations of the TERMS to The PodLounge Police admin@thepodlounge.com.