Terms Of Use
We take protecting you seriously.
Terms & Conditions
Welcome to www.podmatch.com (hereinafter, the “Website” and/or “PodMatch”). This Website is owned and operated by PodPros Productions, LLC. By visiting our Website and utilizing any information or resources found here or otherwise provided by us, you understand and agree to these Terms and Conditions as state in this policy (the “User Agreement”) along with all terms as set forth in our Privacy Policy (see below).
This User Agreement is effective as of June 5th, 2022 and thereafter. We reserve the right to modify this User Agreement without notice to you other than updating the effective date. Your continued use of this Website after a date as set forth here, constitutes your continued agreement to this User Agreement.
We provide this Website to offer podcasters information, resources, goods and services, and other tools as well as links to other sources of what we believe to be beneficial things (collectively, the “Resources”) and we provide these Resources “as-is” and without any warranty of fitness for any particular purpose other than as expressly stated or that the resources will be available as and when you need. You agree to use the Resources only for the purposes intended as permitted by this User Agreement or applicable law and agree to make your own independent evaluation of any particular Resource as being appropriate for your purposes. We provide Resources at different levels of accessibility, some being without charge, some with associated charges and some with greater degrees of charges, all as set forth. You also may be required to set up an account and you are responsible for all activity that occurs under your account. Accessing (or attempting to access) any Resource by any means other than through the means we provide is strictly prohibited.
In order to access the Resources we provide at any particular level of access as set forth, you understand and agree:
- To pay us any associated fees, if any, in connection with any access level as set forth and as ordered by you (please see our refund policy)
- All information you provide to us (name, email, etc.) are all accurate, correct and up-to-date
- You are responsible for maintaining the confidentiality of any passwords or other details of your account you use to access the Resources (provide any such leak of information is not the result of a compromise of our website security)
- You will not engage in any activity that disrupts or interferes with our Website functionality or security, including the servers and/or networks through which the Resources are accessed
- You will not copy, duplicate, reproduce, re-sell, trade, or otherwise violate any of our ownership interest in any of the Resources
- You are solely liable for any consequences, damages, or other losses that we may directly or indirectly incur or suffer due to any prohibited activity on your part or perpetrated through your account
- You will not solicit from anyone, or provide through your account, anything that is illegal or reasonably deemed offensive or immoral and you will not upload, post, share, or otherwise distribute any content that is illegal, threatening, defamatory, abusive, fraudulent, racist, or otherwise containing any inappropriate language or improperly impersonates any third-party or misappropriates any third-party owned material (and when direct messaging any other user, you will not threaten or harass them and will always treat everyone with whom you interact with the utmost respect)
- We are not responsible for the acts or omissions of any third party with whom you have contact or otherwise interact through our Resources and you alone are responsible to conduct your own due diligence in connection with any third party information provided to you
- You agree to indemnify and hold harmless PodPros Productions, LLC and its 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.
- You understand and agree that any claim you may have against us is limited to the amount you paid, if any, for use of the Resources and PodPros Productions, LLC is not liable for any direct, indirect, incidental, consequential, or exemplary damages which may be incurred by you as a result of using the 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
- All content and materialsavailable on our Website, including but not limited to text, graphics, website name, code, images and logos and the Resources, are the intellectual property of PodPros Productions, LLC, 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 us in writing.
- You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our Website, including the 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 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.
- This Website is controlled by PodPros Productions, LLC from our offices located in the state of Florida, USA. It can be accessed by most countries around the world. As each country has laws that may differ from those of Florida or of the US, by accessing our website, you agree that the statutes and laws of Florida, and of US federal law, as applicable, 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. Moreover, any action to enforce this User Agreement is to be brought in the federal or state courts located in Florida, US and you hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
- UNLESS OTHERWISE EXPRESSED IN WRITING AS TO ANY SPECIFIC RESOURCE OR OTHER MATERIAL, PODPROS PRODUCTIONS, LLC 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.
The Resources
- PodMatch utilizes profile-based matching software, which means, aside from the specific Privacy Policy limitation below related to specific Personal Information, your PodMatch Guest and/or Host Profile is publicly accessible.
- PodMatch may display curated exclusive offers for you on your dashboard.
- PodMatch, as a service to you, offers the use of its Release Form for podcast hosts to protect its content. PodMatch believes this Release Form to be generally applicable to most situations. However, it is a legal document and every situation is dependent on the specific facts applicable, Therefore, you are advised to consult with your attorney prior to implementing this document and PodPros Productions, LLC expressly disclaims any liability for the use of this Release Form or that it is appropriate for your specific situation. PodMatch is not responsible for, nor accepts any liability for any dispute between Guests and Hosts that may arise through the use of the Resources.
- PodMatch allows hot-linked, user entered website URLs in the public profile pages. These links are managed by their respective profile owners and are not endorsed or approved by PodMatch. PodMatch therefore does not warrant and does not accept responsibility or liability for the destination of such user entered URLS or the content displayed there.
- PodMatch allows its Guests and/or Hosts to be accounts managed by a representative as part of our PodMatch Agency plan. Please note that when a podcast lists under the bio “Managed By” with an agency name, you are not communicating directly with the Guest or Host, but rather with the agency managing such Guest or Host.
- PodMatch may include user direct messaging capability, as well as social networking tools, discussion forums, blogs, bulletin boards, message boards, other interactive areas or services, or other areas or services in which you can post messages, comments, materials, photos, information, updates, opportunities, recommendations, hot-linked URL's to external websites, etc (collectively, "Social Media"). Users of this Website should be aware that the ideas you post and information you share may be seen and used by others. To protect your safety, privacy, and intellectual property, please consider that when you voluntarily disclose personal information and ideas on Social Media, that information can be collected and used by others. PodMatch does not monitor these posts and is not responsible for another person or entity's misuse or misappropriation of any content, ideas, or information you post on PodMatch and/or in Social Media. Provided however, PodMatch may, without creating any obligation to do so, remove any post it finds in its sole discretion, to violate these Terms and Conditions. If you believe any post violates your intellectual property rights, please see our DMCA Takedown notice below. The information and opinions expressed on Social Media are not those of PodMatch or its affiliates or subsidiaries, and PodMatch makes no representations or warranties regarding such posted materials. You are entirely responsible for your use of any Social Media and use Social Media at your own risk.
- PodMatch rewards its members for helping us grow. Once your profile setup is complete, your affiliation is automatically activated and you will have the option of creating a unique referral link. Current affiliate status offering and terms are listed on the affiliate page under the main menu, which is accessible to you once you’ve completed your account set up.
Privacy Policy
By using our Website, accessing our Resources, and continued use and access, you consent to this Privacy Policy.We collect information from you when you register on our Website, create an account, utilize our Resources whether paid or free, or otherwise interact with us through this Website. When creating an account or accessing our Resources, as appropriate, you may be asked to enter your: name, e-mail address, mailing address, location, phone number, credit card information, and desired password or other information capable of personally identifying you (“Personal Information”). You may, however, use our Website without registering, although some content and/or sections may become inaccessible. When using AIM mobile applications registration and/or login may be required to access the materials.
Like most websites, we use cookies to enhance your experience, gather general visitor information, and track visits to our website.
We may use your Personal Information in any of the following ways:
- To personalize your experience with our Website
- To improve our Website experience in general
- To improve our customer service and to provide you with customer service
- To process transactions you have authorized
- To send you correspondence and administer and provide the Resources to you
We protect your Personal Information in the following ways:
- We never sell, rent, exchange, or share your Personal Information with any other company or third party without your consent. Provided however, we do provide Personal Information as necessary to trusted third parties who help us administer our Website and provide the Resources, and in each such instance, those third parties are required to adhere to this Privacy Policy as well. Moreover, you expressly consent to your profile, whether as a Guest or as a Host or both, to be publicly viewable on this Website as that is a main focus of this Website – to get you publicity and connect Guests and Hosts – and without this consent, that would not be possible.
- We implement a variety of security measures to maintain the safety of your personal information when you submit a request, place an order or enter, submit, or access your personal information. These security measures may include: password protected directories and databases to safeguard your information, SSL (Secure Sockets Layered) technology via HTTPS urls to ensure that your information is fully encrypted and sent across the Internet securely or PCI Scanning to actively protect our servers from hackers and other vulnerabilities. We offer the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Payment gateway providers database only to be accessible by those authorized with special access rights to such systems, and are required to keep the information confidential. We are GDRP compliant.
We may provide third-party vendors with aggregated, encrypted and de-identified data that is not capable of personally identifying any specific individual. We may provide your Personal Information when we believe release is appropriate to comply with the law, enforce our Website policies, or protect ours or others’ rights, property, or safety. When you provide your Guest or Host profile, and a match is created, you have expressly granted us permission to provide so much of your Personal Information to that matched profile as reasonable to allow direct contact between each of you. Once you have engaged with a matched Guest/Host through our Resources, any information shared between you is just that – between you and PodPros Productions, LLC is no longer responsible for the privacy of any such information whether or not shared directly, indirectly or through the use of our Resources.
PodPros Productions, LLC will only use your Personal Information for the purposes described in this Privacy Policy or as subsequently authorized by you. You may opt out of this Privacy Policy at any time by providing us with written notice and terminating your account. When we receive such a notice, subject to our prior legal and contractual restrictions, of which we will advice you of, if any, and subject to a reasonable timeframe within which to accomplish the task, we will terminate your access to the Resources, delete your profile and all stored Personal Information. Any act on our part prior to the receipt of such a notice is subject to this Privacy Policy. We are in compliance with the requirements of COPPA (Childrens Online Privacy Protection Act), and as such, we do not knowingly collect any information from anyone under 13 years of age. This Website and the Resources are all directed to people who are at least 13 years old or older.We have taken precautions to ensure that we are compliant with the CAN-SPAM Act of 2003 by never knowingly sending out misleading information.
Contacting Us
If there are any questions regarding this Privacy Policy or any of the Terms and Conditions, you may contact us using the information below.
PodPros Productions, LLC
PodMatch Website
Alex Sanfilippo
7643 Gate Pkwy STE 104-30
Jacksonville, Florida 32256
team@podmatch.com
DMCA Notice
Claims of Copyright Infringement and Related Issues
We respect the intellectual property rights of others. Anyone who believes their work has been reproduced in a way that constitutes copyright infringement may notify our agent by providing the following information:
- Identification of the copyrighted work that you claim has 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 the site;
- Identification of the material that you claim is infringing and needs to be removed, including a description of where it is located so that the copyright agent can locate it;
- Your address, telephone number, and, if available, e-mail address, so that the copyright agent may contact you about your complaint;
- A signed statement that the above information is accurate; that you have a good faith belief that the identified use of the material is not authorized by the copyright owner, its agents, or the law; and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf in this situation.
Upon obtaining such knowledge we will act expeditiously to remove, or disable access to, the material. Please be aware that there are substantial penalties for false claims.
If a notice of copyright infringement has been wrongly filed against you, you may submit a counter notification to our agent. A valid counter notification is written communication that incorporates the following elements:
- A physical or electronic signature of the poster;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification;
- Your name, address, and telephone number; a statement that you consent to the jurisdiction of federal district court for the judicial district in which your address is located, or if your address is located outside of the U.S., for any judicial district in which the service provider may be found; and that you will accept service of process from the complainant.
Notices of the foregoing copyright issues should be sent as follows:
By mail:
Alex Sanfilippo
7643 Gate Pkwy STE 104-30
Jacksonville, Florida 32256 USA
By e-mail:
team@podmatch.com
If you give notice of copyright infringement by e-mail, an agent may begin investigating the alleged copyright infringement; however, we must receive your signed statement by mail or as an attachment to your e-mail before we are required to take any action.
This information should not be construed as legal advice. We recommend you seek independent legal counsel before filing a notification or counter-notification. For further information about the DMCA, please visit the website of the United States Copyright Office at: http://www.copyright.gov.
Cookie Policy
Do we use cookies?
We use only functionality cookies that allow us to provide our users with some user conveniences, such as your site preferences and personalized features. However, they are anonymous and do not track your browsing activity across other websites. Websites that only use functionality cookies (such as this one), may be used with implied consent and your continued use of this website and the Resources is your implied consent to our use of functionality cookies only.