We at Liberated Syndication are working hard and continually to provide a service to the Podcasting community that is changing the face of self-publication. Our goal is to make the Podcasting process as simple as possible for those who may find the setup of a Podcast feed daunting, and to provide competitive and fair hosting services for those who have a grasp on the underlying technology. By visiting this website and taking advantage of what libsyn.com offers, you agree to abide by and are therefore bound by the following Terms of Use:
I. OWNERSHIP OF THE SITE; AGREEMENT TO THE TERMS AND CONDITIONS
These Terms and Conditions of Use (the “Terms of Use”) apply to the Liberated Syndication website located at www.libsyn.com, and all associated sites linked to www.libsyn.com by Liberated Syndication, its subsidiaries and affiliates, including Liberated Syndication sites around the world (collectively, the “Site”). The Site is the property of Webmayhem, Inc., doing business as Liberated Syndication, or libsyn (“libsyn”) and its licensors. Again, BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.
libsyn reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, libsyn grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
II. SITE CONTENT
There are two categories of Site Content – that which belongs exclusively to libsyn (“libsyn Content”) and that which belongs exclusively to you (“Your Content”)(collectively, “any” or “all” “Content”). libsyn Content is all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code, including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement thereof, contained on the Site, exclusive of all Your Content. All libsyn Content is owned, controlled or licensed by or to libsyn, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. Your Content is all data, graphics, text, names, marks, logos, hypertext links to other Web sites and other audio and/or visual information incorporated in, transmitted through or published or displayed incident to or via your Podcast. All of Your Content is owned exclusively by you.
Except as expressly provided in these Terms of Use, no part of the Site and no libsyn 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, Web site or other medium for publication or distribution or for any commercial enterprise, without libsyn’s express prior written consent.
You may use information on libsyn products and services (such as data sheets,
knowledge base articles, and similar materials) purposely made available by
libsyn for downloading from the Site, provided that you (1) not remove any proprietary
notice language in all copies of such documents, (2) use such information only
for your personal, non-commercial informational purpose and do not copy or post
such information on any networked computer or broadcast it in any media, (3)
make no modifications to any such information, and (4) not make any additional
representations or warranties relating to such documents.
III. LIBSYN’S SERVICE
As used herein, the term “Service” means any service provided by
libsyn via the Site, including, but not limited to, the provision by libsyn
to you of specified connectivity, storage space and bandwidth for the hosting
of a your Podcast by libsyn. Furthermore, whenever these Terms of Use refer
to your use of the Site, said use shall be meant to include, but not be limited
to, your use of any Service offered by libsyn via the Site.
IV. LICENSE TO LIBSYN
You hereby grant to libsyn a non-exclusive, royalty-free, worldwide right and
license for so long as you use the Site to do the following to the extent necessary
in the performance of Services under this Agreement: digitize, convert, install,
upload, select, order, arrange, compile, combine, synchronize, use, reproduce,
store, process, retrieve, transmit, distribute, publish, publicly display, publicly
perform and hyperlink Your Content; and make archival or back-up copies of Your
Content). Except for the rights expressly granted above, libsyn is not acquiring
any right, title or interest in or to Your Content, all of which shall remain
solely with you.
V. USE OF THE SITE
You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any libsyn Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any libsyn Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. libsyn reserves the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any libsyn server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of libsyn, including any libsyn account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or libsyn’s systems or networks, or any systems or networks connected to the Site or to libsyn.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to libsyn on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of libsyn or others.
VI. PURCHASES
Additional terms and conditions may apply to purchases of goods or Service and to specific portions or features of the Site, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such Service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any Service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the Service.
You are responsible for providing libsyn with current accurate contact and payment information for billing purposes at all times. libsyn is not responsible for any service interruptions that may result from your contact or payment information being out of date, in error or otherwise invalid.
By submitting an online application form for Service offered on the Site, you authorize libsyn to charge the credit card you provide on a monthly basis for the amount due pursuant to the Service you purchased. You understand that your credit card will be billed and charged automatically, and that libsyn has the right to charge your credit card for the full amount of any outstanding balance you may have with libsyn.
libsyn’s obligations, if any, with regard to its products and Service are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.
libsyn may make changes to any products or Service offered on the Site, or to the applicable prices for any such products or Service, at any time, without notice. The materials on the Site with respect to products and Service may be out of date, and libsyn makes no commitment to update the materials on the Site with respect to such products and Service.
VII. ACCOUNTS, PASSWORDS AND SECURITY
Certain features or Service offered on or through the Site may require you to open an account (including setting up a libsyn user ID and password). You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify libsyn immediately of any unauthorized use of your account or password, or any other breach of security. However, you may be held liable for losses incurred by libsyn or any other user of or visitor to the Site due to someone else using your libsyn user ID, password or account.
You may not use anyone else’s libsyn user ID, password or account at any time without the express permission and consent of the holder of that libsyn user ID, password or account. libsyn will not be liable for any loss or damage arising from your failure to comply with these obligations.
Your account will be considered “past due” when you do not make a payment or your payment cannot be collected by libsyn on the due date. All past due accounts will be locked from access to the Site’s “member’s area” until it is removed from past due status. The only way to remove an account from past due status is to remove any outstanding balance owed to libsyn.
VIII. YOUR PRIVACY
By using the Site, you acknowledge and agree that Internet transmissions are
never completely private or secure. You understand that any message or information
you send to the Site may be read or intercepted by others, even if there is
a special notice that a particular transmission (for example, credit card information)
is encrypted. Furthermore, you agree to be bound by the following Privacy Policy:
libsyn’s Privacy Policy
libsyn’s privacy policy covers the collection and use of personal information
that may be collected by libsyn anytime you interact with libsyn, such as when
you visit our website, when you purchase libsyn products and services, when
you call our sales or support associates, or when you upload files to our servers.
libsyn values your privacy and will work hard to safeguard it. Under no circumstances
will libsyn sell or rent your contact information to other marketers.
At this time, libsyn only collects personal information for billing and account
creation and use purposes. We do so in order to provide you with all of our
Service and to give you the excellent level of customer service you deserve.
In the future, we may also use this information to keep you posted on the latest
product announcements, software updates, special offers, and events that you
might like to hear about. You will always have the option of opting out. For
more information, please email us at support@libsyn.com
If you use a bulletin board or chat room on the Site you should be aware that
any information you share is visible to other users. Personally identifiable
information you submit to one of these forums can be read, collected, or used
by other individuals to send you unsolicited messages. libsyn is not responsible
for the personally identifiable information you choose to submit in these forums.
At times we may be required by law or litigation to disclose your personal information.
We may also disclose information about you if we determine that for national
security, law enforcement, or other issues of public importance, disclosure
is necessary.
libsyn reserves the right to use “cookies” and other technologies
to help us understand which parts of the Site are most popular, where our visitors
are going, and how much time they spend there. We may also use cookies and other
technologies to make sure that our online advertising is bringing customers
to our products and Service. You can choose to disable cookies in your Internet
browser. Please note that certain features of the Site may not be available
once cookies are disabled.
libsyn may gather certain information automatically and store it in log files.
This information includes internet protocol (IP) addresses, browser type, internet
service provider (ISP), referring/exit pages, operating system, date/time stamp,
and clickstream data. This information does not identify individual users and
would be used only to analyze trends, to administer the site, to track users’
movements around the site and to gather demographic information about our user
base as a whole. Libsyn will not use the information collected to market directly.
libsyn abides by the safe harbor framework set forth by the U.S. Department
of Commerce regarding the collection, use, and retention of personal information
collected from the European Union. You’ll find more information about
the U.S. Department of Commerce Safe Harbor Program by clicking the link.
The Site may have links to the sites of other companies. If so, libsyn is not
responsible for their privacy practices. We encourage you to learn about the
privacy policies of those companies.
If you have questions or concerns about libsyn’s Privacy Policy, please
contact us at support@libsyn.com
IX. PIRACY PREVENTION
libsyn actively and aggressively enforces its intellectual property rights to
the fullest extent of the law. It is illegal to copy, reproduce or distribute
copyrighted material programs without permission, and violators may be subject
to civil and criminal actions and penalties both in the United States and abroad.
Copyrighted material includes, but is not limited to, computer programs and
accompanying sounds, images and text.
As a user of the Site, we expect you to join us in our piracy prevention efforts.
So long as you are a user of the Site, including but not limited to a user of
the Service, you acknowledge that you are bound by and will observe U.S. and
international copyright and intellectual property laws and the provisions of
this Agreement specifically related thereto, and you will report incidents of
suspected piracy to us at support@libsyn.com
X. SENDING US YOUR IDEAS AND FEEDBACK
Neither libsyn nor any of its employees accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved products or technologies, product enhancements, processes, materials, marketing plans or new product names. Please do not send any original creative artwork, suggestions or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when libsyn's products or marketing strategies might seem similar to ideas submitted to libsyn.
If, despite our request that you not send us your ideas, you still send them, then regardless of what your letter says, the following terms shall apply to your idea submission.
1. your ideas automatically become the property of libsyn, without compensation to you; and
2. libsyn can use the ideas for any purpose and in any way, even give them to others.
Feedback, on the other hand, is not only permitted, but encouraged. Whether you found a bug or just want to tell us how we’re doing, we appreciate your feedback at support@libsyn.com. Please note that any feedback you provide via the Site and any libsyn email address linked therein shall be deemed to be non-confidential. As such, libsyn shall be free to use such information on an unrestricted basis.
XI. COPYRIGHT INFRINGEMENT; CLAIMS THEREOF
libsyn respects the intellectual property rights of others, and we ask our users to do the same. As such, you are expressly forbidden from using in any unauthorized use of copyrighted material or music covered under the umbrella of the Recording Industry Association of American (“RIAA”) or similar authority in Your Content, including, but not limited to, any broadcast of yours syndicated by libsyn via the Site. Libsyn may, in its sole discretion, terminate the accounts of users who violate others' intellectual property rights, and a user so terminated may, at libsyn’s sole discretion, forfeit her enrollment costs for libsyn’s Service. Such termination may be issued immediately upon libsyn learning of the infringement, and no notice to you of libsyn’s intent to terminate your account due to infringement is required or necessary.
If you believe your work has been copied in a way that constitutes infringement
on the Site or via the Service offered through the Site, please provide the
following information to libsyn at support@libsyn.com:
1. 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 that you claim has been infringed;
3. a description of where the material that you claim is infringing is located
on the site;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use
is not authorized by the copyright owner, its agent, or the law; and
6. a statement by you, made under penalty of perjury, that the above information
in your Notice is accurate and that you are the copyright owner or authorized
to act on the copyright owner's behalf.
Once libsyn receives your notice, it will thoroughly investigate the matter and respond to you with its results, in no event later than 30 days after receipt of your notice.
XII. LINKS TO OTHER SITES
The Site may contain links to other independent third-party Web sites (“Linked
Sites”). These Linked Sites are provided solely as a convenience to our
visitors. Such Linked Sites are not under Libsyn’s control, and Libsyn
is not responsible for and does not endorse the content of such Linked Sites,
including any information or materials contained on such Linked Sites. You will
need to make your own independent judgment regarding your interaction with these
Linked Sites.
XIII. DISCLAIMERS
LIBSYN DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE, SERVICE AND LIBSYN’S CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. LIBSYN CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM OR UPLOAD TO THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. LIBSYN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LIBSYN DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE, YOUR CONTENT AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST LIBSYN FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
libsyn reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, including, but not limited to, the Service, for any reason; (2) to modify or change the Site, or any portion of the Site, including, but not limited to, the Service, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, including, but not limited to, the Service, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
XIV. LIMITATION OF LIABILITY
Except where prohibited by law, in no event will libsyn be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if libsyn has been advised of the possibility of such damages.
If, notwithstanding the other provisions of these Terms of Use, libsyn is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, libsyn’s liability shall in no event exceed the greater of (1) the total of any subscription or similar fees with respect to the Service or feature of or on the Site paid in the six months prior to the date of the initial claim made against libsyn; or (2) US$100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
XV. INDEMNITY
You agree to indemnify and hold libsyn, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against libsyn by any third party due to or arising out of or in connection with your use of the Site, including, but not limited to, Your Content.
XVI. VIOLATION OF THESE TERMS OF USE
libsyn may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) libsyn’s rights or property, or the rights or property of visitors to or users of the Site, including libsyn’s customers. libsyn reserves the right at all times to disclose any information that libsyn deems necessary to comply with any applicable law, regulation, legal process or governmental request. libsyn also may disclose your information when libsyn determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that libsyn may preserve any transmittal or communication by you with libsyn through the Site, and may also disclose such data if required to do so by law or if libsyn determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process; (2) enforce these Terms of Use; (3) respond to claims that any such data violates the rights of others; or (4) protect the rights, property or personal safety of libsyn, its employees, users of or visitors to the Site, and the public.
You agree that libsyn may, in its sole discretion and without prior notice, terminate your access to the Site, Service, or any Content and/or block your future access to the Site, Service, or any Content if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to libsyn, for which monetary damages would be inadequate, and you consent to libsyn obtaining any injunctive or equitable relief that libsyn deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies libsyn may have at law or in equity.
You agree that libsyn may, in its sole discretion and without prior notice, terminate your access to the Site, Service, or any Content for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies; (2) a request by you (“self-initiated account deletions”); (3) discontinuance or material modification of the Site or any Service offered on or through the Site; or (4) unexpected technical issues or problems.
If libsyn does take any legal action against you as a result of your violation of these Terms of Use, libsyn will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to libsyn, regardless of the action’s outcome. You agree that libsyn will not be liable to you or to any third party for termination of your access to the Site, Service, or any Content as a result of any violation of these Terms of Use.
XVII. GOVERNING LAW; DISPUTE RESOLUTION
You agree that all matters relating to your access to or use of the Site or any of its Content, including all disputes, will be governed by the laws of the United States and by the laws of the State of Pennsylvania without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in the Western District of Pennsylvania, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is 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 attorneys’ fees. In the event of any controversy or dispute between libsyn and you arising out of or in connection with your use of the Site of any of its Content, the parties shall 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 shall be free to pursue any right or remedy available to them under applicable law.
XVIII. VOID WHERE PROHIBITED
libsyn administers and operates the Site from its location in Pennsylvania; other libsyn sites may be administered and operated from various locations inside and outside the United States. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use inside or outside the United States. libsyn reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
XIX. MISCELLANEOUS
You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or Service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and libsyn with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and libsyn with respect to such use are hereby superseded and cancelled. libsyn will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. libsyn’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by libsyn of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between libsyn and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.
The Site may provide access to libsyn international data and, therefore, may contain references or cross references to libsyn products, programs and Service that are not announced in your country. Such references do not imply that libsyn intends to announce such products, programs or Service in your country.
The information contained in this web site is subject to change without notice.
Copyright © 2004-2005 Webmayhem, Inc., d/b/a Liberated Syndication. All
rights reserved.
Liberated Syndication, PO Box 9142 Pittsburgh, PA 15224