TERMS AND CONDITIONS OF SITE USE
Updated: dd/mm/yyyy - 04/12/2019
PLEASE READ CAREFULLY
FC Productions Ltd. (Company Number: 11265744) trading as The Podcast Collective ( "We", “Us” and “Our”)
These Terms of Use (the “Terms”) govern your use of and access to www.podcastcollective.network, course.podcastcollective.network, Teachable®, Facebook®, Instagram® LinkedIn®, (the “Sites). Please read both these Terms and our Privacy Policy carefully, which is incorporated into these Terms. By using any or all of the Sites, you accept and agree to be bound by these Terms. If you do not agree with these Terms, do not use the Sites. Terms may be amended from time to time and any modifications will be effective immediately.
Any changes made will be highlighted in the date at the top of this document. It is your responsibility for reviewing any modified terms. Your continued use of a Site following any changes means you accept and agree to any changes. The date of the most recent revision is listed above. You may compare different versions to determine any changes made.
1. SITE CONTENT
The Podcast Collective exclusively owns and controls the Sites, which provides information about our products and services. You agree that use or access to any or all of the Sites does not create any sort of representation or future promise. The unauthorized reproduction, use of, or theft of any content, written, photographic, video or otherwise, is expressly prohibited. By using the Sites, you agree to pay a fine of £500 per incident for any unauthorized use of our content you are responsible for, at the sole discretion of The Podcast Collective.
2. INTELLECTUAL PROPERTY
Unless explicitly stated otherwise, as between you and The Podcast Collective, The Podcast Collective owns all right, title, and interest in and to the Sites, including, without limitation, graphics, site content, design and other matters related to or included on the Sites. Our name, The Podcast Collective and all related names, product and service names, logos and designs are our trademarks and you may not use these marks without our prior written permission.
3. DISCLAIMER AND LIMITATION OF LIABILITY
THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND BUT WITHIN THE SCOPE OF THE FOLLOWING LIMITATION OF LIABILITY CLAUSE. THE PODCAST COLLECTIVE, TOGETHER WITH ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS (THE “RELEASED PARTIES”), SPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OTHER THAN AGREED, AND NON-INFRINGEMENT AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. THE RELEASED PARTIES DO NOT GUARANTEE THE RELIABILITY, ACCURACY, COMPLETENESS, SAFETY, TIMELINESS, LEGALITY, USEFULNESS, ADEQUACY OR SUITABILITY OF ANY OF THE INFORMATION OR CONTENT ON THE SITES. ACCORDINGLY, YOU AGREE TO EXERCISE CAUTION, DISCRETION AND COMMON SENSE WHEN USING THE SITES. THE RISK FOR USE OF THE SITE IS BORNE BY YOU.
PLEASE ESPECIALLY NOTE: Data communication via internet cannot be guaranteed to be error-free and/or available at all times. We cannot guarantee constant and continuous availability of our online systems.
LIMITATION OF LIABILITY: We are only liable for damages incurring from intent and gross negligence but we assume no liablity for slight negligent breach of contract in respect of other than essential contractual obligations. Essential contractual obligations are obligations that are crucial for the purpose of the contract. The liability for damages for the violation of essential contractual obligations shall be limited to foreseeable damages typical for the contract.
PLEASE NOTE: The above mentioned exclusions and limitations of liability do not apply in case of damage of life, body and health.
7. CHOICE OF LAW AND JURISDICTION; VENUE
The exclusive place of jurisdiction for all disputes arising between us and you is our place of business, that is London. Our legal relationship shall be governed by the laws of the United Kingdom
8. YOUR COMMENTS AND CONCERNS
All other feedback, comments, requests for technical support and other communications relating to the Sites should be directed to: [email protected]. Thank you for visiting the Sites!
TERMS AND CONDITIONS OF PURCHASE
These Terms and Conditions of Purchase (these “Terms and Conditions of Purchase”) sets forth your rights and responsibilities for accessing the Start and Grow Your Podcast course websites at www.courses.podcastcollective.network, www.podcastcollective.network, and its sub-domains and affiliated sites, as well as The Podcast Collective’s (“The Podcast Collective” “we”, “me” ,“I” or “us”) pages and accounts on Teachable®, Facebook®, LinkedIn®, (the “Sites). Please read both these Terms and our Privacy Policy carefully.
These Terms and Conditions shall be part and parcel of the legally binding contract between The Podcast Collective (“The Podcast Collective”) and other associated materials and sites linked hereto and operated or controlled by The Podcast Collective (herein also referred to as “Company”), and you regarding your purchase of video content, website content, and printable materials (herein referred to as the “Course” or “Course Materials”). The Course shall be deemed to be incorporated herein by reference in addition to this website’s terms of use (the “Terms and Conditions”) and privacy policy (“Privacy Policy”). The individual agreements between the Company and you together with these Terms and Conditions of Purchase, the Terms and Conditions, and the Privacy Policy are collectively referred to herein as this “Agreement.”
In the event of any conflict between any individual agreement and the content of the above mentioned documents being part of this Agreement with respect to your purchase, the individual agreement shall prevail over any conflicting clause of the Terms and Conditions of Purchase and the Privacy Policy, and the Terms and Conditions of Purchase shall prevail over conflicting content of the Terms and Conditions. By purchasing this course, you (herein referred to as “Client”) agree to the following terms as a condition of your participation in the Course.
1. APPLICABILITY
For all orders via the Company’s online shop by consumers, entrepreneurs and businesses, the following Terms and Conditions of Purchase shall apply to the exclusion of any other party’s terms and conditions, irrespective of whether they may be in conflict with or modifying or extending the content of these Terms and Conditions of Purchase.
A consumer is any natural person who enters into a legal transaction for purposes which are predominantly neither commercial nor self-employed. An entrepreneur and/or business is a natural person, a legal partnership, or legal corporation that, when entering into a legal transaction, does so for commercial or independent professional activity.
With regard to entrepreneurs and businesses, these terms and conditions also apply to future business relationships.
2. CONTRACT PARTIES, CONCLUSION OF CONTRACT & CONTRACT LANGUAGE
The contract of purchase is with The Podcast Collective. You are obliged to use your correct name and to provide only true and complete information and data on your order.
The listings of products in our online shop does not constitute a legally binding offer, but merely an invitation to place orders (invitatio ad offerendum). You can initially put our products into the shopping cart without obligation and correct your entries at any time before submitting your binding order.
By clicking “Buy Now” “Sign Up” “Enroll in Course” “Purchase” or similar in the last step of the order process, you submit a binding offer to purchase the products displayed in the order overview. Shortly after submitting your order you will receive a confirmation by e-mail. The contract is entered into and legally binding for both parties only upon receipt of the Company’s confirmation e-mail confirming the availability of the products ordered.
The exclusive language available for the conclusion of the contract shall be English.
3. STORAGE OF THE CONTRACT TEXT & MODIFICATIONS TO THE CONTRACT
We reserve the right at any time to modify these Terms and Conditions of Purchase and to impose new or additional terms or conditions on your access and use of the products. Such modifications and additional terms and conditions shall be effective immediately and incorporated into this agreement. Your continued use of the products will be deemed your acceptance thereof. If you have any questions, please contact us directly at [email protected]
4. PAYMENT
In our online shop you can make use of the following payment methods:
Credit card
If you choose to pay in full or pay with a payment plan, you may use the option to pay by credit card.
By submitting the order, you also submit your credit card details.
After you are verified as a legitimate cardholder, we submit a request to your credit card issuer to immediately initiate the payment. The payment is automatically performed by the credit card company and charged to your card.
If you choose to pick the payment plan option, you are responsible for all remaining payments unless a refund is requested according to the terms further outlined below. If you choose to purchase with the payment plan option, The Podcast Collective retains the right to suspend access to any program if payments are not made when they are due. Further, if at any time there is a past due payment, access to the program will be temporarily restricted until the account is current and all past due payment obligations have been met. You must promptly update all billing information (billing address, card number, and expiration date) to keep your account current, complete, and accurate. We reserve the right to charge any renewal card issued to you to the same extent as the expired card. If payment is not received from your credit card issuer, you hereby agree to pay all amounts due upon demand. You agree to pay all costs of collection, including attorney's fees and costs, as necessary and reasonable, on any outstanding balance.
5. REFUNDS/Money-back Guarantee
Start and Grow Your Podcast
This digital product cannot be returned and are therefore, non-refundable.
Please email us at [email protected] prior to purchase if you have any questions about this.
6. INTELLECTUAL PROPERTY
You understand and agree that the Course contain proprietary information and materials, such as videos, coursework, lesson plans, training modules, photographs, software, text, graphics, images, templates, workbooks, checklists and sound recordings, (collectively, the “Course Content”) including but not limited to the individual design elements, selection, layout, coordination, structure, expression, and sequencing, user interfaces, “look and feel,” and arrangement embodied in the Course that are owned by The Podcast Collective and/or its licensors and are protected by copyright, trademark, and other applicable intellectual property laws. Duplicating, sharing, or uploading any Course Content, including to any sharing or social media sites, is considered stealing and an infringement of our intellectual property rights, and The Podcast Collective will prosecute such misconduct to the fullest extent permitted by law.
The Podcast Collective provides you with the Course solely for your own personal, noncommercial use, and you agree that you will not use any of the Course Content in any way whatsoever except for use in compliance with this Agreement. You will not use any Course Content in a manner that constitutes an infringement of The Podcast Collective’s rights or that has not been authorized by The Podcast Collective. More specifically, unless explicitly authorized in this Agreement, you may not modify, copy, reproduce, republish, upload, post, transmit, rent, lease, loan, translate, sell, create derivative works of, exploit, or distribute in any manner or medium (including by email or other electronic means) any Course Content. You may, however, from time to time, download and/or print one copy of individual pages of the Course Content for your personal, noncommercial use, provided that you keep intact all copyright and other proprietary notices.
By using the course, you understand and are aware that you may not create derivative works, resource guides, marketing or business materials, source material, intellectual property, websites, blogs, web content, or any other works that reference The Podcast Collective, the Course, or the Course Content, or infringe on any of The Podcast Collective or its licensors’ intellectual property in any way. All copyrights, trademarks, and other intellectual property rights in and to the Course and the Course Content (including the compilation of content, postings, links to other internet resources, and descriptions of those resources) are owned by The Podcast Collective and/or its licensors, which reserve all of their rights, title, and interests in law and equity. THE USE OF THE PRODUCTS, EXCEPT AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF THE PODCAST COLLECTIVE AND/OR ITS LICENSORS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT AND OTHER INFRINGEMENT.
The trademarks, service marks, and logos of The Podcast Collective (the “The Podcast Collective Trademarks”) used and displayed in the Course are registered and unregistered trademarks or service marks of The Podcast Collective. Nothing in this Agreement should be construed as granting, by implication or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of The Podcast Collective Trademarks inures to our benefit.
7. THIRD-PARTY MATERIALS AND WEBSITES
The Podcast Collective may provide links to third-party materials and websites as a convenience to you. These links are provided solely as a convenience to you and not as an endorsement by The Podcast Collective of the contents on such third-party sites, and we expressly disclaim any representations regarding the content or accuracy of materials on such third-party websites. You acknowledge and agree that The Podcast Collective 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 products available on or through any such linked site. You agree that it is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through such third-party sites. You agree that you will be responsible for all payment and other obligations associated with your use of any and all third-party materials and websites. You further agree that you will not use any third-party materials and websites in a manner that would infringe or violate the rights of any other party and that The Podcast Collective will not be liable for your improper use of third-party materials and websites. Any affiliate links that linked on the site will be clearly marked; however, we encourage you to reach out with any questions you may have regarding affiliate links. Company marks (whether or not registered) may not be used for any reason without written permission. Client agrees not to register, operate, or lease any domain with a confusingly similar name to any such mark without permission of Company.
8. REPRESENTATIONS AND WARRANTIES
THE PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” BASIS. WITHIN THE SCOPE OF THE FOLLOWING LIMITATION OF LIABILITY CLAUSE, WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR ANY OTHER THAN THE AGREED PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE IN CONNECTION WITH THE PRODUCTS. WE’VE TAKEN REASONABLE EFFORTS TO ENSURE THAT WE ACCURATELY REPRESENT OUR COURSES AND THEIR ABILITY TO HELP YOU GROW YOUR PODCAST. HOWEVER, THE PODCAST COLLECTIVE DOES NOT GUARANTEE THAT YOU WILL GET ANY RESULTS OR EARN ANY MONEY USING ANY OF OUR PRODUCTS, IDEAS, TOOLS, STRATEGIES, OR RECOMMENDATIONS, AND NOTHING ON OUR WEBSITES OR IN OUR PRODUCTS IS A PROMISE OR GUARANTEE TO YOU OF FUTURE EARNINGS.
YOU EXPRESSLY AGREE THAT YOUR PERSONAL USE OR INABILITY TO USE THE COURSE IS AT YOUR SOLE RISK. BY PURCHASING THE COURSE(S), YOU ACCEPT, AGREE, AND UNDERSTAND THAT YOU ARE FULLY RESPONSIBLE FOR YOUR PROGRESS AND RESULTS FROM YOUR PARTICIPATION AND THAT WE OFFER NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES (EXPRESSED OR IMPLIED) REGARDING YOUR EARNINGS, BUSINESS PROFITS, MARKETING PERFORMANCE, AUDIENCE GROWTH, OR RESULTS OF ANY KIND. YOU ALONE ARE RESPONSIBLE FOR YOUR ACTIONS AND BUSINESS, WHICH ARE DEPENDENT ON PERSONAL FACTORS INCLUDING, BUT NOT NECESSARILY LIMITED TO, YOUR SKILL, KNOWLEDGE, ABILITY, DEDICATION, BUSINESS SAVVY, NETWORK, AND FINANCIAL SITUATION, TO NAME JUST A FEW. YOU ALSO UNDERSTAND THAT ANY TESTIMONIALS OR ENDORSEMENTS BY OUR CUSTOMERS OR AUDIENCE REPRESENTED IN OUR PRODUCTS, PROGRAMS, WEBSITES, CONTENT, LANDING PAGES, SALES PAGES, OR OFFERINGS HAVE NOT BEEN SCIENTIFICALLY EVALUATED BY US, AND THE RESULTS EXPERIENCED BY INDIVIDUALS MAY VARY SIGNIFICANTLY. ANY STATEMENTS OUTLINED IN OUR PRODUCTS, WEBSITES, PROGRAMS, CONTENT, AND OFFERINGS ARE SIMPLY OUR OPINIONS AND THUS ARE NOT GUARANTEES OR PROMISES OF ACTUAL PERFORMANCE.
9. LIMITATION OF LIABILITY
We are liable for intent and gross negligence but we assume no liablity for slight negligent breach of contract in respect of other than essential contractual obligations. Essential contractual obligations are obligations that are crucial for the purpose of the contract. The liability for damages for the violation of essential contractual obligations shall be limited to foreseeable damages typical for the contract.
EXCLUSIONS AND LIMITATIONS OF LIABILITY DO NOT APPLY IN CASE OF DAMAGE OF LIFE, BODY AND HEALTH. The liability pursuant to the product liability law remains unaffected.
Data communication via internet cannot be guaranteed to be error-free and/or available at all times. We cannot guarantee constant and continuous availability of our online systems.
10. GOVERNING LAW
The exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our place of business, that is London. Our contractual relationship shall be governed by the laws of the United Kingdom.
11. BINDING EFFECT
This Agreement shall be binding upon, is for the sole benefit of the Parties hereto. The Parties have no right to assign this Agreement without the explicit permission of the other Party.
12. TERMINATION
The Podcast Collective is committed to providing all customers with a positive experience. In the event of a breach of this Agreement by you The Podcast Collective in its sole discretion and on notice to you, may: (a) limit, suspend, or terminate your access to the Course and/or your participation in program without refund; and/or, in case the breach of contract is so serious that it is unacceptable for The Podcast Collective to go on with the contractual relationship, (b) terminate this Agreement.
13. INDEMNIFICATION
To the extent permitted by applicable laws, both Parties agree to defend, indemnify, and hold harmless the respective party from and against any and all liabilities and expense whatsoever — including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys’ fees, and disbursements — which any of them may incur or become obligated to pay arising out of or resulting from breach of this Agreement by the other party.
14. EQUITABLE RELIEF
You acknowledge and agree that in the event of a breach or threatened violation of The Podcast Collective’s intellectual property rights and confidential and proprietary information by you, The Podcast Collective will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. The Podcast Collective may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect its rights and property pending the outcome of the Arbitration referenced above.
You agree on the personal and subject-matter jurisdiction of the court being competent under UK laws for the location of The Podcast Collective’s business, located in London, UK for purposes of any such action by The Podcast Collective.
15. COMPLIANCE WITH LAW
The parties shall comply with all applicable laws in performing this Agreement. Whenever there is any conflict between any provision of this Agreement and any law, the law shall prevail.
16. NO WAIVER
If the Parties choose to waive one provision of this Agreement, that does not mean that any other provision is also waived. The party against whom a waiver is sought to be effective must have signed a waiver in writing.
17. ENTIRE AGREEMENT
This Agreement constitutes the entire understanding and agreement of the Parties with respect to its subject matter and supersedes all prior and contemporaneous understandings, agreements, inducements or conditions, express or implied, written or oral, between the parties. This agreement expressly supersedes any and all prior written and/or oral agreements, and the terms and conditions of this agreement cannot be modified without the express written consent of both parties. The terms and conditions of this Agreement shall be binding upon the parties, their personal representatives, successors and assigns, and may not be assigned to any third party beneficiary.