Please carefully read our Terms of Use before using this Site. These Terms and Conditions of Use apply to the Podcast Fusion web site located at www.podcastfusion.com, and all associated sites and software linked to www.podcastfusion.com. The site is the property of Pivotal View, Inc.

By using this site, you (User) signify your agreement to these terms and conditions, and to our Privacy Policy. If you do not accept these Agreements please, do not use this site. It is your responsibility to check these Terms of Use periodically for changes as Podcast Fusion reserves the right to change, modify, add or remove portions of these Terms of Use at any time and without notice.

Your continued use of this site following the posting of any changes to the Agreements constitutes acceptance of those changes. We may also impose limits on certain features or restrict your access to parts or the entire site without notice or liability. Protecting your privacy is very important to us. To better protect your rights we have created a Privacy Policy which explains our privacy practices in detail.

PROPRIETARY-RIGHTS

You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Podcast Fusion or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

Podcast Fusion grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interfaces that are provided by Podcast Fusion for use in accessing the Service.

MEMBER POLICIES/CONDUCT

You must understand that all information, data, text, software, music, sound, photographs, graphics, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means you are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Podcast Fusion services. Podcast Fusion cannot and does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. Also understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Podcast Fusion be liable in any way for any Content.

You agree not to reverse engineer, de-compile, disassemble, alter, duplicate, modify, rent, lease, loan, sublicense, make copies, create derivative works from, distribute or provide others with the Software in whole or part, transmit or communicate the application over a network.

You may not sell, transfer or communicate the Software to any third party without our prior express written consent.

You may not use, test or otherwise utilize the Software in any manner for purposes of developing or implementing any method or application that is intended to monitor or interfere with the functioning of the Software.

Users are entirely responsible for their conduct and for ensuring that it complies with all applicable copyright and data- protection laws. In the event a user fails to comply with laws regarding copyrights, other intellectual property rights, data-protection and privacy, such a user may be exposed to civil and criminal liability.

BY AGREEING TO THESE TERMS OF USE; YOU AGREE TO NEVER USE THIS SOFTWARE TO DO ANY OF THE FOLLOWING:

• Transmit, access or communicate any data that you do not have a right to transmit under any law or under contractual or fiduciary relationships;
  
• Harm minors in any way;
  
• Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
  
• Transmit or communicate any data that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
  
• Forge headers or otherwise manipulate identifiers in order to disguise the origin of any data transmitted to other users;
  
• Transmit or communicate any data 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;
  
• Transmit, access or communicate any data that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
  
• Interfere with or disrupt the Software;
  
• Intentionally or unintentionally violate any applicable local, state, national or international law "Stalk" or otherwise harass another;
  

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless the Site Owner, its advertisers, licensors, subsidiaries and other affiliated companies, and their employees, contractors, officers, agents and directors from all liabilities, claims, and expenses, including attorney's fees, that arise from your use of this site, or any services, information or products from this site, or any violation of this Agreement. The Site Owner reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with the Site Owner in asserting any available defenses.

DISCLAIMER-OF-WARRANTY

The services made available at the Podcast Fusion site are provided "AS IS", without warranties of any kind. Podcast Fusion expressly disclaims any representations and warranties, including without limitation, the implied warranties of merchantability and fitness for a particular purpose. Site Owner shall have no liability in connection with the services including without limitation, any liability for damage to your computer hardware, data, information, Materials and business resulting from the services or the lack of services made available by Site Owner. Site Owner shall have no liability for:

• Any loss or injury caused, in whole or in part, by its actions, omissions, or negligence, or for contingencies beyond its control, in procuring, compiling, or delivering services;
  
• Any errors, omissions, or inaccuracies in the services regardless of how caused, or delays or interruptions in delivery of the services;
  
• Any decision made or action taken or not taken in reliance upon the services furnished hereunder.
  
• The site owner, its advertisers and licensors make no representations or warranties whatsoever about this site, nor about the suitability of the information contained on or received through use of this site, or any services or products received or learned about through this site. Use of this site, and the information contained herein is provided as is without warranty of any kind. The site owner hereby disclaims all warranties with regard to this site, the information contained on or received through use of this site and any services or products received through this site, including all expess, statutory, and implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. The site owner does not warrant that the contents or any information received through this site are accurate, reliable or correct; that this site will be available at any particular time or location; that any defects or errors will be corrected; or that the contents or any information received through this site is free of viruses or other harmful components. Your use of this site is solely at your risk. User agrees that it has relied on no warranties, representations or statements other than in this agreement. Because some jurisdictions do not permit the exclusion of certain warranties, these exclusions may not apply to you but shall apply to the maximum extent permitted by law of your jurisdiction.
  

LIMITATION OF LIABILITY

Under no circumstances shall Podcast Fusion be liable for any losses or damages whatsoever, whether in contract, tort or otherwise, from the use of, or reliance on, the Information, or from the use of the Internet generally.

For purposes of this section, "Podcast Fusion" shall include Pivotal View, Inc., and its divisions, subsidiaries, successors, parent companies, and their employees, partners, principals, agents and representatives, and any third-party providers or sources of information or data.


Address:

Pivotal View, Inc.
14064 W. 147th St.
Olathe, KS 66062

Email: legal@podcastfusion.com

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Copyright (c) 2005, Fabricio Zuardi
All rights reserved.

THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.