Terms of Service

For www.podetize.com

Introduction

Welcome to www.podetize.com. This website is owned and operated by Brandcasters, Inc.. By visiting our website and accessing the information, resources, services, products, and tools we provide, you understand and agree to accept and adhere to the following terms and conditions as stated in this policy (hereafter referred to as ‘User Agreement’), along with the terms and conditions as stated in our Privacy Policy (please refer to the Privacy Policy section below for more information).

This agreement is in effect as of May 21, 2017.

We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.

Responsible Use and Conduct

By visiting our website and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as ‘Resources’), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines.

Wherein, you understand that:

a. In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.

b. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account/s.

c. Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.

d. Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.

e. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.

f. You are solely responsible any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.

g. We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:

i. Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;

ii. Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;

iii. Contains any type of unauthorized or unsolicited advertising;

iiii. Impersonates any person or entity, including any www.podetize.com employees or representatives.

We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.

h. We do not assume any liability for any content posted by you or any other 3rd party users of our website. However, any content posted by you using any open communication tools on our website, provided that it doesn’t violate or infringe on any 3rd party copyrights or trademarks, becomes the property of Brandcasters, Inc./podetize.com, and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit. This only refers and applies to content posted via open communication tools as described, and does not refer to information that is provided as part of the registration process, necessary in order to use our Resources. All information provided as part of our registration process is covered by our privacy policy.

i. You agree to indemnify and hold harmless Podetize.com and Brandcasters, Inc., its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.

Privacy

Your privacy is very important to us, which is why we’ve created a separate Privacy Policy in order to explain in detail how we collect, manage, process, secure, and store your private information. Our privacy policy is included under the scope of this User Agreement. To read our privacy policy in its entirety, click here.

Limitation of Warranties

By using our website, you understand and agree that all Information and Resources we provide are “as is” and “as available”. This means that we do not represent or warrant to you that:

i) the use of our Information and Resources will meet your needs or requirements.

ii) the use of our Information and Resources will be uninterrupted, timely, secure or free from errors.

iii) the information obtained by using our Information and Resources will be accurate or reliable, and

iv) any defects in the operation or functionality of any Information and Resources we provide will be repaired or corrected.

Furthermore, you understand and agree that:

v) any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.

vi) no information or advice, whether expressed, implied, oral or written, obtained by you from Brandcasters, Inc. or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.

vii) you will not disparage Brandcasters, Inc., Podetize.com, Feed Your Brand or any of its employees in any way, or post any negative statements, reviews, comments, or feedback about the company or services provided to any third party whether orally or in any written publication or online forum, chat room, or message board, including but not limited to Facebook, Twitter, Scam Report and Yelp.

Limitation of Liability

In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. Brandcasters, Inc. will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.

Copyrights/Trademarks

All content and materials available on www.podetize.com, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of Brandcasters, Inc., and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by Brandcasters, Inc. All other product names, logos, brands, and other trademarks featured or referred to within the www.mentors2inventors.com website, podcast, social media sites and blogs are the property of their respective trademark holders. These trademark holders are not affiliated with Podetize or Brandcasters, our services or our website and they do not sponsor or endorse Podetize or Brandcasters unless otherwise disclosed.

DMCA Notice

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing us with the following information in writing (see 17 U.S.C 512(c)(3) for further details):

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interests
  • A description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work
  • Identification of the URL or other specific location on the Service where the material that you claim is infringing is located
  • Your address, telephone number, and email address
  • A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
  • 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.

Do not make false claims. Misuse of this process may result in the suspension of your account or other legal consequences.

Termination of Use

You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website, information and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Information and Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.

Governing Law

This website is controlled by Brandcasters, Inc. from our offices located in the state of California, USA. It can be accessed by most countries around the world. As each country has laws that may differ from those of the USA, by accessing our website, you agree that the statutes and laws of California, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.

Furthermore, any action to enforce this User Agreement shall be brought in the federal or state courts located in California, USA. You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

Guarantee

UNLESS OTHERWISE EXPRESSED, Brandcasters, Inc./Podetize.com EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Refund Policy

Thank you for shopping and becoming a Client at Podetize.com/Brandcasters, Inc..

If you are not entirely satisfied with your purchase, we’re here to help.

Refunds

All Podetize.com/Brandcasters, Inc. packages, services and products are non-refundable. If you are not satisfied with your purchase, please contact us so that we can work to resolve the situation.

Subscriptions

All podcast hosting subscriptions are non-refundable. If you switch to a new subscription the old subscriptions amount will be prorated for the days that old subscription was use and the new subscription will start on the date of purchase.

Scope of Work and Agreement

Agreement

This Podcast Production Agreement is made by and between Brandcasters, Inc./Podetize.com (“Podcast Producer”), with its principal place of business at 26632 Towne Center Dr Ste 300 Foothill Ranch, CA 92610, and the purchaser (“Client”). Whereas, Client desires to retain Podcast Producer to create and implement a website and/or podcasting platform plan for Client as described in the Scope of Work. Whereas, Podcast Producer desires to undertake the development of the podcast platform and agrees to do so. Now, therefore, for good and valuable consideration, the parties agree as follows:

Non-Disparagement

You (the Client) will not disparage Brandcasters, Inc., Podetize.com, Feed Your Brand or any of its employees in any way, or post any negative statements, reviews, comments, or feedback about the company or services provided to any third party whether orally or in any written publication or online forum, chat room, or message board, including but not limited to Facebook, Twitter, Ripoff Report and Yelp.

Parties agree that it would be impracticable and extremely difficult to ascertain the amount of actual damages caused by a failure to comply with this provision. Parties agree that in the event it is established that Client has filed to comply with this provision, liquidated damages of $15,000 for each incident shall be payable.

Payment

The total price for any Podetize.com products or services will be due prior to any work commencing. After the podcast is set-up, Client agrees to purchase a prepaid episode package for ongoing production. If Client purchases the 25 episode Production Package at the same time as their Set-Up Package, Podcast Producer will grant a 10% discount in the price of the total purchase. Each party represents and warrants that on the date the invoice is paid they are duly authorized to bind their respective principals. When Client pays for the service they are confirming that they agree to the terms of this agreement. We reserve the right to increase the price per episode if episodes consistently exceed 1 hour in length or are more challenging to produce due to special directions from the client or the accent of the speakers.

Podcast Hosting, 90 days of hosting is included in the setup package, $49 per month after that, or $99 per month if you use our Ad Insertion and Swapping feature.

Scope of Work:

Back Episode Production Includes:

  • Creation of square and horizontal episode graphics for social shares and blog post headers
  • Our proprietary blog post creation that has been proven to rank higher in SEO than any other method – loaded directly into your WordPress site with all links, photos, and videos embedded, a complete blog post ready to be published.
  • Access to our video tutorials, best practices and templates
  • Use episode packages at your own pace – they never expire
  • Improvement of your website’s podcast page with the Smart Podcast Player

Podcast Episode Production includes:

  • Full Audio Editing from adding intro/outro bumpers to removing “umms” to integrating interviews separately
  • Creation of square and horizontal episode graphics for social shares and blog post headers
  • Our proprietary blog post creation that has been proven to rank higher in SEO than any other method – loaded directly into your WordPress site with all links, photos, and videos embedded, a complete blog post ready to be published.
  • Automated Guest Communication of episode links and graphics
  • Access to our video tutorials, best practices and templates
  • Use episode packages at your own pace – they never expire
  • Improvement of your website’s podcast page with the Smart Podcast Player

Podcast Set-Up Package, includes:

  • Podcast Cover Art Creation
  • Intro/Outro Music, Voice Over & Scripting
  • Recording Equipment (Pro Microphone)
  • Tech/Editorial Topic/Guest, Management Set-Up, Support, & Training
  • Templates, Tools & Guides for Proved Conversion Practices
  • Syndication to iTunes, Stitcher, Goggle Play & Tunein (others upon request)
  • Podcast RSS Set-Up
  • Full Production of First 3 Episodes & Blog Posts (Please see Podcast Episode Production for the Scope of Work for this item)
  • Live Coaching Sessions for Strategy and Recording Training.
  • 90 days of podcast hosting. (Please see the Scopr of Work For Hosting)

Podcast Hosting Includes:

  • Performance Statistics & Easy to Use Dashboard
  • No Transitions Costs for Existing Podcasters
  • Done-For-You Syndication to All Your Podcasting Platforms
  • Easy Upgrades to Full Service Podcast Production.
  • (Only With Our Ad Swapping Hosting Susbcriptions) Mix, Insert, & Swap Ads On Demand Across Your Entire Podcast Catalog with Our Proprietary Ad Mixing System

Website Maintenance Includes:

  • 24/7 email and phone support
  • Timely updates to your pages and content when specified
  • Plugin updates and reconfiguration as needed
  • Small redesigns (if needed)
  • Addition on new pages when needed

SEO Keyword Silos Include:

  • The Silos are pulled from the latest data for you website and your target market/audience
  • 4 Key Word Silos with 1 Focus Key Word and 5 Secondary Key Words Each

Website Creation Includes:

  • A Solid Foundation: 5-7 page website including a Home page, Podcast page, Blog, About Us and a Press or Media Page.
  • Podcast Player: Built-in podcast player so your listeners do not need to figure out how to find your show on iTunes, Stitcher, or Google Play.
  • Customized To Your Brand: Choose from various themes, with custom color scheme and branding for your identity.
  • SEO Optimized: Professionally set-up and configured for optimum SEO ranking.
  • Security: Optimization, Performance, Regular Back-Ups, Link Monitoring, Plugin Upgrades (for 1st year)
  • Upgradeable: The website can be expanded to meet your future needs, including a membership site.
  • Email Opt-in: Plugins and configuration installed for capturing your site visitors and motivating them to subscribe to your list with Mailchimp.
  • Web Hosting: Web hosting for the first year is included.

The Podcast Studio Includes:

  1. Podcasting Book
  2. Pro Podcasting Studio
    1. Studio Headphones
    2. 1 ATR 2005 Microphone
    3. Mini USB to USB Connector to Connect The Micr0phone to Your Computer
    4. Custom Mic Block
    5. Mic Stand
    6. XLR Cable
    7. Microphone Travel Bag

Copyrights/Trademarks

All content and materials created or modified by Podcast Producer on behalf of the Client, available on www.podetize.com, YouTube, podcast distribution channels including iTunes, and the Client website, including but not limited to text, graphics, podcast audio, podcast titles, podcast descriptions, voice-over recordings, and videos are the intellectual property of the Client, and are protected by applicable copyright and trademark law. Podcast Producer claims no right, title, or interest in the content and materials created within the Scope of Work on behalf of the Client.

Contact Information

If you have any questions or comments about these our Terms of Service as outlined above, you can contact us at:

Brandcasters, Inc.
(Podetize.com)

26632 Towne Center Dr Ste 300

Foothill Ranch, CA 92610 USA

(949) 299-2607

info@podetize.com

Last Updated on 4/15/2019