Effective: February 13, 2011.

Podcasts.com, operated by Emerge Media, LLC (“Emerge Media,” “Company,” “we,” or “us”), knows that you care how any information about you is used. We strive to use information to offer the best possible services (“the “Services”) while respecting the confidentiality of information we are entrusted with. This Privacy Policy outlines the types of personal information we may receive or collect when you use the Services offered on Podcasts.com, as well as some of the methods we use to safeguard your personal information.

This Privacy Policy only applies to the operation and the Services offered on Podcasts.com; it does not apply to other online or offline Company sites, products or services. This Privacy Policy does not apply to the practices of companies Emerge Media does not own or control.

By visiting Podcasts.com, you are accepting the practices described in this Privacy Policy.

What Kind of Personal Information Does Podcasts.com Gather?

Any information we gather from users enables us to personalize and improve your experience on Podcasts.com. We display some of the personal information for identification purposes on Podcasts.com as well. Here are the types of information we gather.

Information You Give To Us

We receive and store any information you enter on our Website or give us in any other way. The types of Personal Information you might supply to us which we store may include your name, e-mail address, podcast name, e-mail address, physical address, zip code, phone number, your age, gender, IP address, and browser information. It is up to you to choose whether or not to provide us with certain information, but then you might not be able to take advantage of many of our features here on Podcasts.com.

We use this information to communicate with you, customize the Website to enhance your browsing experience, to allow others to interact with you, and to improve our Website.

Additionally, if you register as a Podcaster and you want to take advantage of our e-commerce features, then you would need to enter your bank account and routing information. We use this information to offer you a place to sell your subscriptions and goods directly through PayPal.

Automatic Information

We may use “cookies” and other technologies to enhance your online experience and to learn about how you use our website and services. A “cookie” is a small file containing a string of characters that uniquely identifies your browser. Our servers may also automatically record information when you visit Podcasts.com, including the URL that directed you to our website, your IP address, browser type and the date and time of your visit.

We set one cookie for each user who visits our site. These cookies store login information so you can edit your page efficiently as well as store information for when an order is placed.

All cookies on the website are set to expire an hour after User logs off of Podcasts.com. We do not track your location, except when that information is provided to us by you.

We also utilize Google Analytics to gather statistics on our website. The information gathered by Google Analytics helps us understand how you interact with our website and we use this information to improve your experience using the website. Google Analytics uses items such as cookies to collect data about how our visitors use the sites. According to the Google Analytics Privacy Policy, Google Analytics will only use that cookie data for statistical analysis related to browsing on our website. Google Analytics Terms of Service also states that the data collected cannot be altered or retrieved by services from other domains or web sites. If you choose, you can opt out of the collection of the cookie information by disabling cookies in the preferences settings in your browser. For more information on Google Analytics, please visit the following links on Google’s website:

http://www.google.com/intl/en/analytics/privacyoverview.html

http://code.google.com/apis/analytics/docs/concepts/gaConceptsCookies.html

Email Communications

We may receive an email confirmation when you open an email from Podcasts.com. We use these confirmations to help us make emails more interesting and helpful and to improve the Website and our services.

You, as a user of Podcasts.com, may opt out of receiving further emails by following the instructions to unsubscribe within the email sent to you.

When User places an order on Podcasts.com, User’s email address is automatically added to the Podcasts.com mailing list. This information is used for further promotions and contact with its Users. The User can also sign up for the mailing list manually.

To opt out of further emails or SMS notifications, user simply needs to follow directions to unsubscribe from future emails as provided through the “unsubscribe” link in each email. User may respond to SMS with the word “STOP” to unsubscribe from SMS updates.

Credit Card Information

We do not collect credit card information from Users who a subscription or goods from Podcasts.com. All credit card processing is done via PayPal and its policies. Please refer to PayPal’s privacy policies to determine how and what information is being collected and stored.

Promotional Information

We may, from time to time, run promotions on Podcasts.com. We will collect any information you give to us here to enter the promotion and store it in our database.

This information will be used to communicate with you regarding the promotion. As with most communications from us, as a User, you may opt out of these communications by following the specified instructions.

Social Media Information

Login information for a various social media websites may be collected by Podcasts.com if you choose to provide that information.

This information is used to link you Podcasts.com account to the social media outlet of your choosing. The information is also used to allow Users to post comments while logged in to their social media program as well.

Telephone Information

We may offer the option to receive updates via text message. In order to utilize this feature, you need to provide us with your mobile phone number which we store in our database.

You may opt out of this feature at any time by responding to a text message from us with the word “STOP” and you will be unsubscribed from our SMS list.

Information from Other Sources

We may retain any data you provide to us in an email or other inquiry. This allows us to, among other things, track the certain types of questions submitted to us, analyze specific trends, and otherwise enhance the Services we provide.

Will Podcasts.com Share Any of My Information?

We will not sell, rent or lease your personal information to others who are not affiliated with us. We do, however, share Personal Information as described below:

Shared Personal Information of Users

If you choose to join the mailing list on Podcasts.com we may provide your email address and physical address to a Podcaster you are subscribed to for fulfilling your order.

We may also provide your personal information to third parties in order to perform internal business functions, such as payment processing, data analysis, and email transmissions, on our behalf. Any third parties will be required to maintain the confidentiality of such information and use that information solely for the purpose of providing their services to us.

Shared Personal Information of Podcasters

Podcasters will be in control of which of their information we share or disclose. Aside from Podcaster name, contact information, and other information Podcaster makes visible, we do not share any other information.

Business Transfer

In the event we go through a business transition such as a merger, acquisition by another company, or sale of all or a portion of our assets, your Personal Information may be an asset which is transferred. You acknowledge and agree that such transfers may occur and are permitted by this Privacy Policy. Podcasts.com does not guarantee that any entity receiving such information in connection with one of these transactions will comply with all terms of this policy, but we will seek appropriate protection for your personal information in advance of any such transaction.

Other

We may have a good faith belief that access, use, preservation or disclosure of personal information is reasonably necessary to: (a) satisfy any applicable law, regulation, legal process or legitimate governmental request, (b) detect, prevent, or otherwise address suspected fraud, security or technical issues, (c) enforce any applicable Terms of Service, including investigation of potential violations thereof, or (d) protect against imminent harm to the rights, property or safety of Podcasts.com, its customers or the general public as required or permitted by law.

Certain information you post or provide through Podcasts.com, such as your name, profile, comments, collections and reviews, may be shared with other users and posted on publicly available portions of Podcasts.com, including without limitation, social media applications and other public forums in which you choose to participate. Keep in mind that any information, including Personal Information, you choose to disclose in such public forums may be accessible by other consumers and companies and may appear on other websites or web searches, and therefore this information could be read, collected, and used by others. We have no control over who reads your postings or what other users may do with the information you voluntarily post.

If you provide us with any feedback, we may use and disclose such feedback for any purpose, provided we do not associate such feedback with your Personally Identifiable Information. The Personal Information will be treated in accordance with this Privacy Policy. You hereby agree that any comments and any email you provide your feedback in becomes our property and that we may use feedback for marketing purposes or to add to or modify our services without paying any royalties or other compensation to you.

How About Some Opt-Out Options?

As noted in this Privacy Policy, there are a number of ways to opt out of different features. If we are given your email address, you will automatically be added to our database and may be sent administrative or promotional emails from Podcasts.com. The same applies if we are provided with your mobile telephone number and you elect to receive SMS updates. Below you will see how to opt out of these features:

Email Communications

In each email we send to you there will be an “unsubscribe” link that you will be able to click and follow the directions in order to take yourself off our mailing list.

SMS Messages/Updates

If you receive an SMS from Podcasts.com, you will be able to opt out of further messages by replying to your message with the word “STOP”

Opt-Out Options for Podcasters

Registered Podcasters can opt out of e-commerce options through their account profile page. This is where Podcasters can edit bank account information as.

What Kind of Security Does Podcasts.com Use to Protect My Information?

The Personal Information you maintain in your User Account is protected by an encrypted password and your email address. It is recommended that you do not share your password with anyone.

We employ industry-standard security measures to protect data and seek to partner with companies who do the same, but we cannot guarantee the security of any information transmitted to or from the Website, and are not responsible for the actions of any third parties that may receive any such information.

What About the Children?

Podcasts.com is not intended for use by children under the age of 13. If you are under 13, you may not submit information about yourself to Podcasts.com. If we become aware that we have collected any personal information from children under 13, we will delete such information from our database.

If your child under 13 has registered with Podcasts.com, you may send an email to support@podcasts.com and request that we delete your child’s personal information from our systems.

Changes to This Policy.

Podcasts.com may from time to time update this Privacy Policy. We will post a notice on our homepage and send an email to your address on file if and when we make any updates to this Policy.

How Do I Contact You?

We value your opinions and suggestions. Please email us with any questions or concerns at support@podcasts.com. You may also write to us at the following address:

Emerge Media, LLC

843 W. Van Buren

Chicago, IL 60607

Podcasts.com respects the intellectual property of others and takes the protection of copyrights and all other intellectual property very seriously. We will not tolerate infringing activity on or through our Services (defined in our Terms of Use).

Our policy is to remove material that we believe, in good faith, either upon notice from an intellectual property owner or their agent, or from the lack of proper license shown, is infringing the intellectual property of a third party by being made available through the Service.

We reserve the right to terminate the account, at our own discretion, of any user who infringes the intellectual property of a third party.

HOW TO REPORT CLAIMED INFRINGEMENT

If you are a copyright owner or an owner’s agent and believe that Content infringes upon your copyrights, please submit a notification to Cing according to the Digital Millennium Copyright Act (“DCMA”; see 17 U.S.C. 512(c)(3) for further detail). The following information is required to be in writing:

(1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

(3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;

(4) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;

(5) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(6) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

To process your request, please send this notice to: support@podcasts.com. You may also mail notice to:

Emerge Media, LLC

843 W. Van Buren

Chicago, IL 60607

COUNTER-NOTICE

If content was removed in which User or Podcaster believes it is either not infringing or within its right to post and use such material from the owner of the intellectual property, the owner’s agent, or pursuant to the law, the content provider must send a counter-notice containing the following information:

(1) A physical or electronic signature of the content provider, member or user;

(2) What material was removed or disabled;

(3) Why the material should not have been removed or disabled; and

(4) Content provider’s name, address, telephone number, email address and a statement that such person consents to the jurisdiction of the Federal District Court for the judicial district in which the address is located or if outside of the United States, for any judicial district in which Podcasts.com may be found, and that content provider will accept service of process from the person who provided notification of infringement above or an agent of such person.

To process your request, please send this counter-notice to: support@podcasts.com.

You may also mail notice to:

Emerge Media, LLC

843 W. Van Buren

Chicago, IL 60607

Effective: February 10, 2012

Please carefully read these Terms of Use (the “Terms” or “Agreement”) for the services (the “Services”) which are available through www.Podcasts.com (the “Website” or “Site”) and any software application that may permit access to all or any portion of the Services (“Applications”).

These Terms form a binding agreement between you (“End User,” “Subscriber,” “you,” or “Podcaster(s)”) and Emerge Media, LLC (“Emerge Media,” “Company,” “we,” or “us”), an Illinois limited liability company.

By using this Website, you are agreeing to these Terms, as well as to our Privacy Policy and our Copyright Policy, all available at www.podcasts.com/legal, which are each incorporated herein by reference and which may be updated at any time without advanced notice to you.

This Agreement applies to all users of the Site or Services, including users who are also contributors of content, information, and other materials or services on the Site.

IF YOU DO NOT ACCEPT TO THESE TERMS, YOU MUST REFRAIN FROM USING THIS WEBSITE AND ANY SERVICES OFFERED ON IT.

GENERAL.

As used herein, the term “Service” means any service provided via the Podcasts.com website, including, but not limited to, hosting your content, subscriptions, or any other services we may provide.

Use of this Site and Services is limited to persons who are at least 13 years old. If you are not yet 13 years old, do not have the capacity to enter into contracts, or are accessing this Site from any country where material on this Site is prohibited or illegal, you do not have permission to access the Site or its Services.

You shall not post pornography onto Podcasts.com. If any of your audios, videos, photos, or other content contains any form of pornography, do not post it.

You agree and warrant that you own and/or have all the rights to any content you post.

The right to use this Site is personal to User and is not transferable to any other person or entity. You are solely responsible for your login information, the security of your passwords, and any and all activity that occurs while signed into this Site.

You understand and acknowledge that due to circumstances both within and outside of the control of Company, access to the Site may be interrupted, suspended or terminated from time to time. Company will not be responsible for any data lost while transmitting information on the Internet. The Site may be unavailable from time to time for any reason including, without limitation, routine maintenance.

Company will have the right at any time to change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability and equipment needed for access or use. Company may also discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method, and may change transmission speeds or other signal characteristics.

MODIFICATION OF TERMS OF USE.

Company reserves the right, at its sole discretion, to modify or replace any of the Terms of Use, or change, suspend, or discontinue the Services at any time by posting a notice on the Website or sending you an email.

You are responsible for checking the Terms periodically for any changes and your continued use of the Site and Services following any changes or a notice sent to you constitutes your acceptance of any changes.

RULES AND CONDUCT.

All interactions on this Site, and/or any other sites found on or hyperlinked to this Site, must comply with our Terms of Use. By using this Site, you agree not to conduct or promote any illegal activities while using the Site or Services. You will not upload, distribute or print anything that, without limitation, may be harmful to minors, infringe any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty, or anything else which is unlawful.

Furthermore, you will not attempt to: reverse engineer, derive the source code of the software that enables or underlies the Site, attempt to gain access to secured portions of the Site to which you do not possess access rights, jeopardize the correct functioning of the Site, or upload or transmit any form of virus, worm, Trojan horse or other malicious code. You agree not to use or launch any automated system, including without limitation, “robots.” “spiders,” “offline readers,” etc., that accesses the Website in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser. You also agree not to use the Site or Services to produce and distribute unsolicited email advertisements or spam.

Any conduct by a User that in Company’s exclusive discretion restricts or inhibits any other User from using or enjoying this Site is strictly prohibited.

REGISTRATION.

As a condition to using certain aspects of the Services, you may have to provide us with some information about yourself. Podcasters will be required to register with Company while providing us with a password, Podcast Name, email address, your name (collectively, “User Account”). You shall provide Company with accurate, complete, and updated registration information.

There are two types of User Accounts you may obtain on Podcasts.com. If you wish to have us host your podcast, please create a Podcaster Account. If you wish to subscribe to any podcasts, you will need to create a Subscriber Account.

You shall not:

Select or use as an Account name a name of another person with the intent to impersonate that person;

Use as a User Account a name subject to any rights of a person or entity other than you without appropriate authorization; or

Use as a User Account a name that is otherwise offensive, vulgar or obscene.

Company reserves the right to refuse registration of, or cancel a User Account in its sole discretion. You are solely responsible for all activity that occurs on your account and shall be responsible for maintaining the confidentiality of your password.

Immediately notify Company of any unauthorized use of your account, or other account related security breach of which you are aware.

USER’S PERSONAL INFORMATION.

Please refer to our Privacy Policy at www.podcasts.com/legal for detailed description on what information we collect and how we use it.

You acknowledge that some of the information that you submit to us is intended to be a public disclosure which is not subject to any confidentiality obligation and may be read by others. Other information, such as credit card information provided in connection with the purchase of a transaction, is maintained with appropriate privacy and security protections of the third parties who complete the transaction, as further described in Site’s Privacy Policy. We will not store any credit card information on our servers as we are not the party who completes the transaction. All transactions shall be completed using PayPal’s services and your information will be subject to PayPal’s privacy policies. We merely provide a platform for Podcaster and Subscriber to transact for goods and/or subscriptions

Any communications between you and Company, such as email or other correspondence, in which you offer suggestions or comments for improving or modifying our Services may be deemed by us to be non-confidential and non-proprietary and you agree that such information may be used by us without limitations.

Subscribers

Certain features on our Website may require you, as a Subscriber of a podcast, to provide personal information to us, such as your email address, physical address, name, phone number, and the like (“Subscriber Info”), in order to receive updates regarding your subscriptions.

You acknowledge that Company has no control over the use of Subscriber Info by the Podcasters, and you further acknowledge and agree that we 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 Podcasters’ use of such information.

Podcasters

You, as an individual with a podcast (a “Podcaster”) may collect certain types of Subscriber Info using the Services we provide on this Website.

You acknowledge and agree that you will not disclose, rent, or sell any Subscriber Info to any third party, and you will use the Subscriber Info only in connection with the Podcaster’s mailing list to provide general information and news about the Podcast, as well as using the information to complete any transactions between the Podcaster and Subscriber, including but not limited to merchandise sales.

HOSTING.

Part of services on Podcasts.com is to provide you with free hosting for your podcast and content. It is necessary to create a Podcaster Account before uploading any content. You are solely responsible for all your content and any activity that occurs on your account. Please keep all passwords and account information secure.

We work diligently to provide you with unlimited hosting, but you agree that we may charge you a fee in the event our servers cannot adequately handle the amount of content you upload. This fee will be negotiated with you in the event this occurs and you will have a choice to pay it or to limit the amount of bandwidth you consume with your Content.

In the event you cancel or terminate your Account, cancellation will take effect immediately and all uploaded Content by you will be deleted by us. We accept no liability for deleted information or content.

You agree that we may, at our sole discretion, terminate your account, password, and remove and discard any Content with in the Service for any reason, including but not limited to, the lack of use, or if we believe that you have violated or acted inconsistently with these Terms.

FEES AND PAYMENT INFORMATION.

Our Services include the ability to complete a transaction for subscriptions and goods (a “Transaction”). We provide a free platform for a Podcaster to host its podcasts and to offer subscriptions and merchandise. Podcaster shall not expect any payment to come from Company. All transactions will be processed via PayPal and its services. We are not involved in the actual transaction between Podcasters and Subscriber. We have no control over nor do we guarantee the quality, safety or legality of items advertised, the truth or accuracy of listings and content, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction.

Transactions – From a Subscriber’s Perspective

You, as a Subscriber, have the ability to purchase paid subscriptions and goods from a Podcaster through our Website. Any completed Transaction, whether for a subscription, digital download, physical merchandise, or the like, will be directed to the relevant Podcaster. Transactions shall be processed via PayPal and its services and subject to its own Privacy Policies.

If you enter into a Transaction, you shall make full and immediate payment through our Website. Company is not responsible for refunds for Transactions. Any requests for refunds or other issues with purchased goods must be made directly with the relevant Podcaster.

Subscriptions will be completed via PayPal on a monthly, quarterly, or yearly basis. These subscriptions are performed pursuant to PayPal’s policies and may occur automatically after your initial payment without notice to you from PayPal. Make sure you are aware of all your subscription payments via PayPal as we are not responsible for any of these transactions and will not provide you with a refund.

Transactions – From a Podcaster’s Perspective

You, as a Podcaster, are at liberty to set your own fees for your products and podcasts available on our Website. If you decide to change your subscription fees, you are required to notify both us and your subscribers of any changes. Subscribers will be offered a choice to unsubscribe before agreeing to any change in cost.

Any payments made by users for Transactions will be directed to Podcaster via PayPal, less credit card and transaction fees taken by PayPal.

Podcaster shall be solely responsible and liable for any debts, fees, credit card transaction fees, disputed payments and refunds you may encounter during a Transaction. You maintain sole responsibility of completing the transaction.

Podcaster must be registered for sales and use tax collection purposes and is responsible for paying all sales and use taxes related to the products and services described. Podcaster must also be registered for PayPal’s services as these are the services we utilize to facilitate transactions between Podcasters and Subscribers.

We retain the right, but do not have the obligation, to halt the offering or sale of any goods or services, prevent or restrict access to the Site or the Services or take any other action in case of technical problems, objectionable material, inaccurate listings, or actions otherwise prohibited by the procedures and guidelines contained on the Website, or for any other reason in the sole and absolute discretion of Company, and to correct any inaccurate listing or technical problems on the Website.

REFUND POLICY.

We do not offer refunds on Subscriptions purchased. All Transactions are between the User and Podcaster. We simply provide a platform for Podcaster to host its podcasts and offer subscriptions. Users must deal directly with Podcaster in the event User feels a refund should issue.

FREQUENCY OF CONTENT.

We do not guarantee the quality or frequency of content posted by Podcaster and we are not responsible in the event you are unsatisfied with your subscription. If you have any complaints with the content, please contact us at support@podcasts.com.

THIRD-PARTY CONTENT AND SITES.

Our Services may allow you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Site. These links are provided solely as a convenience to you and not as an endorsement by us of the contents on such third party sites. If you decide to access linked third party websites, you do so at your own risk. We cannot and do not assume responsibility for the content, privacy policies, or practices of such websites or the companies that own them. We cannot and will not censor or edit the content of any third party website. Your usage of our Website expressly relieves us from any and all liability arising from your use of any third party website.

Under no circumstances will we be liable for any loss or damage caused by End your reliance on information obtained through Podcasts.com. It is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through our Site and Services.

INTELLECTUAL PROPERTY RIGHTS.

Content and License . Any content (“Content”) provided on our Website, excluding all intellectual property of other sites obtained by way of API and linking and Content posted by our customers, is owned by Company, its partners, or licensors. This includes, without limitation, the text, software, scripts, graphics, photos, sounds, interactive features and the trademarks, service marks and logos contained therein (“Marks”). The Marks, whether registered or not, are owned by, or licensed to, Company, and are subject to copyright and other intellectual property rights under United States law, the law of the jurisdiction where you reside, and international conventions. The Content is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, modified, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. We reserve all rights not expressly granted in and to the Site and Services.

No Implied Rights . There are no implied licenses granted in these Terms.

Podcasters . Podcasters are able to host their podcasts and other content (collectively, “Content”) on our Website. We do not maintain any ownership rights in the Content that is placed on our site by Podcasters, but you recognize that such content may also appear on search engines, in an open media registry, and on our partners’ or affiliates websites. Hereby grant Company and its authorized sub-licensees and distributors, if any, the worldwide, non-exclusive, royalty-free, right and license, for so long as you use the Site, to:

Reproduce, distribute, publicly perform, publicly display, create derivative works of, digitize, convert, install, upload, select, order, arrange, compile, combine, synchronize, communicate to the public and otherwise exploit:

(1) The Podcaster’s Content and perform the Service on the Podcaster’s behalf using any technologies or methodologies now known or hereafter developed, and

(2) Exploit all associated copyrightable works or metadata in connection with the Services;

Allow users of the Service to receive public performances and public displays of Podcaster’s Content and to reproduce these on any and all devices owned or controlled by the user for non-commercial purposes; and

You further agree to provided and grant Company the worldwide, non-exclusive, royalty-free, sublicensable, and transferable right to use, distribute, reproduce, copy, and display your trademarks, service marks, slogans, logos or similar proprietary rights (collectively, the “Podcaster’s Marks”) solely in connection with our Services or in the marketing, promotion or advertising of the service.

Podcasters Representations and Warranties . By uploading any Content to Podcasts.com, you represent and warrant:

That you:

a) Own or otherwise control all rights to your Podcast,

b) You have the authority to grant all of the aforementioned rights to the Company and all users of the Services.

Use by Company, its sublicensees, and users of this Site, of any uploaded Content to this Site will not infringe or violate the rights of any third party, including, without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights;

You are solely responsible for taking all steps necessary to enter into any agreements with any performing rights organizations in order for you to grant a royalty free license to Company for the uses set forth in this Agreement, and that no fees or payments of any kind whatsoever shall be due to these organizations by us.

No fees of any kind shall be due to any third party for the use of your Content as authorized under this Agreement.

ADVERTISEMENTS.

We will not edit or alter your work. However, you agree to allow us or our agents to insert additional text, audio, video and other format multimedia advertisements to your file(s). These advertisements enable us to continue providing you with our Services and you will receive no compensation from any of these advertisements.

DISCLAIMER OF WARRANTY.

YOU AGREE THAT USE OF COMPANY’S SERVICES AND THE SITE IS AT YOUR SOLE RISK. NEITHER COMPANY, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. NOR DO THEY MAKE ANY WARRANTIES REGARDING WHETHER OR NOT THE SERVICES MEET YOUR REQUIREMENTS OR AS TO THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION OBTAINED FROM THE SITE.

THE SITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND AN "AS AVAILABLE" BASIS. COMPANY HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

YOU UNDERSTAND AND AGREE THAT YOUR USE OF ANY MATERIAL AND/OR DATA DOWNLOADED FROM THE SITE OR ANY SERVICES OBTAINED THROUGH OR PROVIDED BY COMPANY IS AT YOUR SOLE DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM ANY SUCH DOWNLOAD OR USE OF SUCH INFORMATION OR OTHER RELATED TRANSACTION.

LIMITATIONS OF LIABILITY.

IN NO EVENT SHALL COMPANY, ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, OR EMPLOYEES BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITE, THE SERVICES, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). COMPANY’S LIABILITY, AND THE LIABILITY OF ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, AND EMPLOYEES TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE SHALL NOT EXCEED THE AMOUNTS PAID BY YOU DURING THE 6 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY.

INDEMNIFICATION AND RELEASE.

You agree to defend, indemnify and hold harmless Company, any parent company, officers, directors, employees and agents, from and against any and all claims and expenses, including but not limited to reasonable attorneys’ fees, arising from your use of the Site and any products or services purchased by User in connection with the Site.

To the extent the law permits, you release us from any and all claims or liability related to any product or service of a Podcaster, any action or inaction of a Podcaster, including Podcaster’s failure to comply with applicable law, Podcaster’s failure to perform a service or deliver a good, and any unacceptable conduct by Podcaster.

TERMINATION.

We may terminate or discontinue the Site at any time without prior notice. We reserve the right to terminate this Agreement at our election and for any reason, without prior notice. We reserve the right to immediately terminate or suspend any End User accounts or passwords in the event that End User violates any of the terms and conditions of this Agreement or engages in any conduct which we, at our sole discretion, consider it to be unacceptable. In the event of any termination, you will immediately cease access to the Site and Services.

ELECTRONIC COMMUNICATIONS.

For contractual purposes, you consent to receive communications from us in an electronic form, and agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing.

ENTIRE AGREEMENT.

This Agreement, together with the Privacy Policy and Copyright Policy at www.podcasts.com/legal, and any other legal notices published by us on the Website, shall constitute the entire agreement between you and Company concerning Podcasts.com.

GOVERNING LAW/ARBITRATION.

This Agreement is governed, construed, and interpreted by, through and under the laws of the State of Illinois without regard to its conflicts of law provisions. By using this Site, you agree that:

(1) Any claim, dispute, or controversy you may have against Company arising out of, relating to, or connected in any way with this Agreement, this Site, related sites, or the purchase or sale of any Vouchers, shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to the applicable Rules and Procedures (“Rules and Procedures”) established by AAA;

(2) AAA will decide the location of the arbitration pursuant to the Rules and Procedures, provided that such location would be reasonably convenient for End User, or at a location which is mutually agreed upon by End User and Company;

(3) Arbitrator will apply Illinois law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law;

(4) There shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only the End User’s and/or Company’s individual claims; and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated;

(5) In the event that End User can show that the costs of arbitration will be prohibitive as compared to the costs of litigation, Company will pay as much of the End User’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and

(6) With the exception of subpart (4) above, if any part of this arbitration provision is deemed to be invalid, unenforceable, illegal or otherwise conflicts with the Rules and Procedures established by AAA, then the remainder of this provision shall remain in full force and effect and shall be construed as if the invalid, unenforceable, illegal or conflicting provision were not contained herein.

If subpart (4) is found to be invalid, unenforceable or illegal, then neither You nor Company shall be entitled to arbitrate your dispute.

Please refer to the AAA website at http://www.adr.org for more information on AAA and its Rules and Procedures.

MISCELLANEOUS.

Nothing in this Agreement creates a partnership, employment relationship, agency or any other relationship not described within this Agreement.

You may not rent, lease, license, grant a security interest in, or otherwise transfer, assign, or sublicense your rights hereunder to any third party.

At any time, Company may, in its sole discretion and without providing notice or obtaining your consent, assign this entire Agreement or delegate some or all of its responsibilities hereunder.

CONTACT INFORMATION.

You may contact us at the following email address: support@podcasts.com.