Welcome to the PodNod conversation platform (hereinafter, "PodNod", "us", “our” or "we"). PodNod enables visitors and members (“you” or “your”) to engage in quick product conversations, feedback, advice, comments, and wish lists with your friends and family (collectively, the “Service”). This agreement (the “Agreement”) sets forth the terms and conditions which govern your use of PodNod'sService.
You acknowledge and agree that the website(s) and/or application(s) is/are for your personal use only and may not be used by you directly or indirectly in connection with any commercial or governmental endeavor.
PodNod should be used for entertainment or informational purposes only. Don't make critical decisions based on feedback or advicefromtrustedsources or anonymous users from social networks accessed fromPodNod.
You are responsible for everything you post in all areas, including, but not exclusive to profile, comments, and replies, which can be visible for others to see if you post it publicly on a social network site. Don’t share phone numbers, home addresses, e-mail addresses or other personal information.
Do not impersonate anyone else on the platform. PodNod will permanently disable the account of anyone found doing this.
Do not bully, threaten or harass users. If you are harassed in any way, please report it to the authorities immediately. PodNod is a company that provides a technology to help get advice in real-time, we are not responsible for user actions or policing user activity.
If you get questions that make you feel uncomfortable, ignore them or report them. Do not engage in conversations with people that make you feel uncomfortable in any way.
Violations of PodNod’s rules should be reported to email@example.com.
To become a registered user and be eligible to access and use the Service (except those portions of the Site to which PodNod allows access without registration), you must create a user account ("Account") by registering on the Site or through an Application.
PodNod may change, suspend, or discontinue services for any reason, at any time. PodNod may also impose limits on certain features and services or restrict your access to parts or all of the services without notice or liability.
Services are available only to individuals who are at least 13 years old, whether acting on their own behalf or as an authorized employee or representative of a corporation or other business entity. If you do not so qualify, do not attempt to register for or use the Services. We have no control over user content/submissions, which may or may not contain information regarding children under 13 years of age. If we are notified of such content, we may exercise our right to delete it.
PodNod may contact you via email regarding improvements to the PodNod platform including but not exclusive to the mobile app, website, or social integration. In addition, PodNod may send you emails with content from the PodNod community. In general, by using PodNod and agreeing to these terms, you are agreeing to be contacted by PodNod via email with general communications. We won't abuse this right and will endeavor to provide you with valuable information.
Copyright and Trademark Ownership
Aggregated and compiled content is the property of PodNod or its licensors and is protected by U.S. and/or international copyright laws. The collection, arrangement and assembly of all content is the exclusive property of PodNod and protected by U.S. and/or international copyright laws. We grant you permission to share via provided utilities (i.e. Facebook), electronically copy, and print copies of content for personal use only. Any other use, including the reproduction, modification, distribution, transmission, republication, or display of the content is strictly prohibited. If you use material contrary as set forth in this Agreement, you may be liable for infringement, misappropriation or other causes of action to the fullest extent of the law.
Do not post media (images, text, video, audio, or other) unless you have full ownership/rights.
You may not copy, modify, create a derivative work of, reverse engineer, decompile, or otherwise attempt to extract the source code of the software for PodNod's web, mobile, or application experience, or any part thereof.
Other than the personal use licensed above, you may not reproduce any content in any form without first obtaining written permission.
All trademarks, logos, service marks and trade names are proprietary to PodNod or third parties who have granted PodNod the right or license to use such intellectual property. PodNod does not grant, by implication or otherwise, any license or right to use any trademark, service mark, trade name or logo displayed without our prior written consent.
Links to Other Sites
Our tools may contain links to other websites. The linked sites are not under PodNod's control, and we don't warrant, represent or assume any responsibility or liability for the accuracy or completeness of the information or software or other materials downloaded from or contained in any linked site or any site contained in a linked site.
Content Posted by Users on the Service
PodNod Removal. You understand and agree that, to the extent it is able to do so, PodNod has the right to (but is not obligated to): review any content, communication, information, works of authorship, messages, photos, videos, URLs, profiles and the like (collectively, "Content") that is published, displayed, or transmitted ("Posted") on or through the Service for other users, and delete any such Content for any reason in its sole discretion. You further understand and agree that PodNod has the right to take any action, including deletion of Content or the barring of access to the Service, in response to conduct or Content that in the sole judgment of PodNod violates this Agreement or is offensive, illegal, or violates the rights of, harms, or threatens the safety of, other users or third parties. You are solely responsible for the Content that you post on the Service.
License. By posting Content to any area of the Service available to other users ("Publicly Posted Content"), you grant to PodNod an irrevocable, perpetual, non-exclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, and otherwise use or exploit such Publicly Posted Content and to prepare derivative works of, or incorporate into other works, such Publicly Posted Content, and to grant sublicenses of the foregoing rights. In addition, you represent and warrant that you have the right to grant the foregoing license and to post the Publicly Posted Content and that you will not post any illegal or Prohibited Content (defined below) and will not infringe, misappropriate, violate or contravene any third party rights (including, without limitation, any intellectual property rights).
Prohibited Content. The following is a partial list of Content that is prohibited on the Service ("Prohibited Content"), which PodNod has the right to take into account in taking any action in its sole discretion, including actions to delete or prevent access to Content, to limit or bar access to the Service, or to terminate or limit any relationship between you and PodNod or the Service. PodNod reserves the right (but is not obligated) to investigate and to take appropriate legal action in its sole discretion for any violation of this provision, including without limitation, removing Prohibited Content from the Service, notifying the appropriate authorities regarding and identifying the source of Prohibited Content and terminating the Accounts of such violators. Prohibited Content includes, without limitation, Content that:
- is offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- bullies, harasses or advocates harassment of another person;
- includes "junk mail" or "chain letters";
- promotes or contains information that you know, or should know, is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- promotes or contains an illegal and or unauthorized copy of another person's copyrighted work (whether marked as such, or not) contains a virus, time bomb, worm, corrupted file, or other software routine capable of disrupting, disabling, or harming the operation of, or providing unauthorized access to, the Service, Site, or Licensed Software;
- is obscene;
- exploits people under the age of 18;
- provides instructional information about illegal activities;
- undermines the quality, appeal, or usefulness of the Service; or
- solicits passwords or personal identifying information of any kind for commercial or unlawful purposes from other members, and engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
You agree to indemnify and hold PodNod, its subsidiaries, affiliates, officers, directors, agents, and other partners and their employees, harmless from any loss, liability, claim, demand, costs, or expenses, including reasonable attorney's fees, brought by any third party arising out of or relating to: (a) your use of the Service, Site, Products, or Licensed Software, or (b) arising from your breach of this Agreement.
Transactions with Others
PodNod may enable third parties to advertise their products or may otherwise describe certain third party services. You agree that any such content shall not be considered an endorsement by us of such products or services, and that we shall not be liable for: (i) your interactions with any entity and/or individual on or through our tools, including but not limited to interactions involving the payment and delivery of goods and services, or (ii) any other terms, conditions, warranties or representations associated with such dealings. Any such dealings are solely between you and such entity and/or individual. You agree that PodNod is not responsible for any damage or loss incurred as a result of any such dealings.
Disclaimer and Warranties
You acknowledge and agree that your use of the website(s) and/or application(s) are at your sole risk. PodNod shall have no liability, obligation or responsibility to any person or entity for any loss, damage, or adverse consequence alleged to have happened directly or indirectly as a consequence of using PodNod. PodNod disclaims any implied warranties of title, non-infringement, merchantability, and fitness for any particular purpose regarding our tools. You and acknowledge and agree that in no event will PodNod be liable to you or any third party for any indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profits arising from your use of our tools, even if PodNod has been advised of the possibility of such damages. Users will defend, hold harmless, and indemnify PodNod Inc. and its officers, directors, members, shareholders, affiliates, and employees from and against any and all claims.
We cannot always foresee or anticipate technical or other difficulties. These difficulties may result in loss of data, settings, or other service interruptions. For this reason, you agree that PodNod services, including the services of our third-party service providers, are provided "as-is".
Disputes; Venue and Release
If there is any dispute about or involving the tools provided, you agree that the dispute will be governed by the internal laws of the State of Delaware without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of California and to receive service of process through certified mail or by other means sanctioned by law, and you expressly waive any claim of improper venue and any claim that such courts are an inconvenient forum.
You are solely responsible for your interactions with other Users. PodNod reserves the right, but has no obligation, to monitor, or take any action PodNod deems appropriate regarding, disputes between you and other members. To the extent permitted under applicable laws, you hereby release PodNod from any and all claims or liability related to: (a) any Content posted on the Service; (b) the conduct, whether online or offline, of any other user; and (c) termination or denial of access to or use of the Service.
You hereby waive California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
Except as otherwise stated, any notice to us shall be given by certified mail to PodNod Inc., c/o Reed Smith LLP, 101 Second Street Suite 1800, San Francisco, CA 94105, and any notice to you shall be given to the e-mail address that you provided us during the registration process. Notice shall be considered given 24 hours after e-mail is sent. Notice given by postal mail shall be considered given three (3) days after the date of mailing.