Podango Show Builder Lite (beta 0.1)
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64kbps Stereo MP3
96kbps Stereo MP3 (default)
128kbps Stereo MP3
I have read and accept the Terms of Service below.
Terms of Service 1. ACCEPTANCE OF TERMS Podango, Inc., ("Podango") provides the following service to you, subject to these Terms of Service ("TOS"). Podango reserves the right, at its sole discretion, to change, modify, add or remove portions of these TOS, at any time without prior notice. Your continued use of the Podango sites (collectively referred to as "Site") following the posting of changes will mean that you accept and agree to the changes. Failure to comply with these TOS may result in account revocation. BY USING THE SITE, YOU AGREE TO THESE TERMS OF SERVICE; IF YOU DO NOT AGREE, DO NOT USE THE SITE. 2. DESCRIPTION OF SERVICE The Podango Show Builder Lite platform is a web-based service that allows its users to create, update and manage media files (herein referred to as the "Service"). The Service may be used through a web browser or by the use of downloadable clients such as the PSBLUploader (the "Software"). Once registered with Podango, each user receives his or her own account to upload, create, control, update and manage his or her information, text, data, graphics, audio, video and media (the "Content"). This Content may reside on Podango 's servers or on the servers of a third party. You retain exclusive ownership of your Content. 3. YOUR REGISTRATION OBLIGATIONS Account registration and verification is required in order to create a Podango account. During registration, all users are required to provide accurate, complete and current information about themselves in all required fields. Should any of your own information change after submitting it to Podango, you are required to update that information as soon as possible. Should Podango suspect that your personal information is not complete, current, or accurate, your account may be subject to suspension or termination. Should you feel that Podango's privacy policy is not sufficient for you to complete the registration form truthfully, please email your policy concerns to webmaster@Podango.com. Users under 18 years of age are required to have a parent or guardian review and complete the registration process, which may include age verification steps in addition to the standard process. 4. Podango PRIVACY POLICY Your use of the Service is subject to Podango 's privacy policy. For information on Podango's privacy practices, please see the entire privacy policy at http://www.Podango.com/faq/privacy-policy/. 5. INDEMNITY You agree to indemnify and hold Podango, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any alleged claim or demand, including reasonable attorney fees, made by any third party due to or arising out of your Content, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another, whether you are a registered user or not. The user is solely responsible for his or her actions when using the Service, including, but not limited to, costs incurred for Internet access. 6. SPECIAL ADMONITIONS FOR INTERNATIONAL USE Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. 7. GENERAL PRACTICES REGARDING USE AND STORAGE You acknowledge that Podango may be required to send you emails regarding your use of the Service; however, we will never ask you to submit additional personal information or to verify the status of information related to your account in any such email. You acknowledge that Podango may establish limits concerning use of the Service and may modify these limits at any time. 8. MODIFICATIONS TO SERVICE Podango reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice at any time. You agree that Podango shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service. 9. NO RESALE OF SERVICE You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service. 10. TERMINATION You agree that Podango, in its sole discretion, may terminate your password or account, and remove and discard any content within the Service, for any reason, including and without limitation, the lack of use, or if Podango believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Any contracts, verbal or written or assumed, in conjunction with your deleted account and all its parts, at Podango's discretion, will be terminated as well. Podango may also, in its sole discretion and at any time, discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that Podango may immediately deactivate or delete your Podango account and all related information and files. Podango reserves the right to bar any further access to such files or the Service. You agree that Podango shall not be liable to you or any third-party for any termination of your access to the Service. Paid accounts that are terminated will not be refunded. 11. ADDITIONAL PURCHASES Additional terms and conditions may apply to purchases of goods or Service and to specific portions or features of the Site, all of which terms are made a part of these TOS 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 TOS 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 Podango with current accurate contact and payment information for billing purposes at all times. Podango 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 Podango 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 Podango has the right to charge your credit card for the full amount of any outstanding balance you may have with Podango. Podango'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. Podango 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 Podango makes no commitment to update the materials on the Site with respect to such products and Service. 13. THIRD PARTY PRODUCTS AND SERVICES Podango may make available products and services from Third Party providers. Separate Terms of Service will govern these products and services. Your correspondence or business dealings with, use of and or participation in Third Party offerings found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such Third Party. You agree that Podango shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such Third Party providers. 14. ADVERTISEMENTS AND PROMOTIONS You understand and agree that Podango may include advertisements and/or promotions (Advertisements) on the Site and that these Advertisements are necessary for Podango to provide the Service. By using the Service, you agree that Podango has the right to run such Advertisements with or without prior notice. The manner, mode and extent of advertising by Podango throughout the Site are subject to change at Podango's discretion. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Podango shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers. 15. LINKS The Service, or relevant third parties, may provide links to other web sites or resources. Because Podango has no control over such sites and resources, you acknowledge and agree that Podango is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Podango 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 use of or reliance on any such content, goods or services available on or through any such site or resource. 16. ACCOUNT CONTENT You agree to follow the following guidelines for posting Content to your user account: 1. All Content uploaded, posted or transmited to Podango in any way, is the responsibility and property of the author. Podango is not responsible for the monitoring or filtering of any Content. Within the confines of international and local law, Podango will generally not place a limit on the type or appropriateness of user Content within accounts. Those users tranmitting material not suitable for all audiences must agree that they are fully responsible for all the Content they have transmitted via the Service. Should Content be deemed illegal by such law having jurisdiction over the user, you agree that Podango may submit all necessary information to, and cooperate with, the proper authorities; 2. Podango claims no ownership or control over any Content of its users. The author retains all patent, trademark, and copyright to all Content, and is responsible for protecting those rights, but is not entitled to the help of the Podango staff in protecting such Content. The user posting Content represents that it has all rights necessary to post such Content (and for Podango to serve such Content) without violation of any intellectual property or other rights of third parties, or any laws or regulations; 3. Podango reserves the right, without limitation except by law, to serve any user Content on the web, through the downloadable clients and otherwise; 4. You acknowledge that Podango does not pre-screen Content, but that Podango and its designees shall have the right (but not the obligation) in their sole discretion to remove or refuse any Content that is available through the Service. Without limiting the foregoing, Podango and its designates shall have the right, but not the obligation, to remove any Content that violates the TOS or is otherwise objectionable, or that infringes or is alleged to infringe intellectual property rights. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such content. Furthermore, Podango reserves the right to limit access to your account, if found in violation of the TOS, including without limitation the User Conduct described below, by removing the account and related user; 5. You agree to pay for all royalties and fees owing to any person or entity by reason of any Content you upload, post or otherwise transmit by use of the Service. 15. Podango PROPRIETARY RIGHTS You acknowledge and agree that the Service, and any necessary Software used in connection with the Service, may contain proprietary and confidential information that is protected by applicable laws governing intellectual property, proprietary rights and the like. All Podango code and specifications, and all other code and specifications for the Software and the operation of the Service, are subject to their express or implied licenses. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Site, Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Podango or advertisers, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Content, the Service or the Software, in whole or in part. Submission of Unsolicited Ideas and Information Podango does not want to receive confidential or proprietary information from you through this Site or by email. Unless otherwise agreed in writing by an authorized Podango representative, any material, information or idea you transmit to Podango by any means may be disseminated or used by Podango or its affiliates without compensation or liability to you for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products. However, this provision does not apply to Content (as defined herein), or to personal information that is subject to our Privacy Policy. 17. USER CONDUCT You understand that all Content, including without limitation, all information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials, whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. Podango does not control Content transmitted via the Service and, as such, does not guarantee the validity of such Content. Should Content be found or reported to be in violation with, but not limited to, the following terms, it will be Podango's sole discretion as to what action should be taken. You agree to NOT use the Service to: 1. Upload, post or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive to another's privacy, hateful, or racially, ethnically or otherwise objectionable; 2. Harm minors in any way; 3. Impersonate any person or entity, including, but not limited to, Podango staff, users, or falsely state or otherwise misrepresent your affiliation with Podango or any other person or entity; 4. Upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); 5. Upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, publicity rights or other proprietary rights of any party; 6. Upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; 7. Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; 8. Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law; 9. Collect or store personal data about other users for business purposes; 10. Promote or provide instructional information about illegal activities, promote physical harm or injury against any governmental entity, group or individual, or promote any act of cruelty to animals. 11. Allow usage by others in such a way as to violate Podango's TOS; 12. Solicit passwords or personal identifying information for unintended, commercial or unlawful purposes from other users; 13. Exceed the scope of the Service that you have signed up for; for example, accessing and using features that you do not have a right to use; 14. Make excessive or otherwise harmful automated use of the system. No user will use specialized electronic devices, scripts, batch files, or other routines to use the site in any non-typical manner. This includes but is not limited to automated account signups. If Podango determines, in its sole and absolute discretion, that any user is in violation of the TOS, Podango retains the right to terminate such user's account at any time without prior notice. 18. DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Podango EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. (b) Podango MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. (c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR OTHER LIABILITYTHAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. (d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Podango OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS. 19. LIMITATION OF LIABILITY YOU EXPRESSLY UNDERSTAND AND AGREE THAT Podango SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Podango HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. 20. U.S. GOVERNMENT RESTRICTED RIGHTS The materials on Podango are provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the U.S. Government constitutes acknowledgment of Podango's proprietary rights in them. 19. GENERAL INFORMATION The TOS constitutes the entire agreement between you and Podango and governs your use of the Service, superseding any prior agreements between you and Podango (including, but not limited to, any prior versions of the TOS) and any prior representations by Podango. The laws of the State of California, U.S.A, shall govern the TOS and the relationship between you and Podango. without regard to its conflict of law provisions. You and Podango agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Orange, California, U.S.A. The failure of Podango to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree 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 Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect. 20. REVISIONS Podango may at any time revise these TOS by updating this posting. By using this Site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then-current TOS to which you are bound. Last revision: January 21, 2007 Copyright (c) 2007 Podango, Inc. All rights reserved.