If you are between the age of 13 and 18, you must obtain permission from your parent or guardian to use PodPlaylist, and you must have a parent assist in the completion of registration. In addition, if you are between the age of 13 and 18, you must affirm that you possess legal parental or guardian consent to use the Site and Service, and must affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in PodPlaylist’s terms of service, and to abide by and comply with PodPlaylist’s terms of service.

This PodPlaylist Terms of Service Agreement ("Agreement") is a legal agreement between you, either an individual or a single entity or your qualified legal representative ("You"), and PodPlaylist. This document describes the terms and conditions that cover the use of the PodPlaylist service ("Service") and the PodPlaylist Site, available at http://www.PodPlaylist.com.

We reserve the right, at our sole discretion, to change, modify or otherwise alter this Agreement at any time. What constitutes a "material change" will be at the sole and exclusive discretion of PodPlaylist. You can find the most recent version of this Agreement at http://www.PodPlaylist.com/legal, with the date of last modification noted at the end. Modifications to the terms will become effective immediately when they are posted. Therefore, we encourage you to check the date of this Agreement whenever you visit the PodPlaylist Site to check if it has been updated. You should review this Agreement on a regular basis to keep yourself up to date with any changes. If you do not agree to the revised Agreement, your sole recourse is to immediately stop all use of the Site and/or Service. Your continued use of the Site and/or Service following the posting of modifications will constitute your acceptance of the revised Agreement. Should you have any questions regarding the use of our Site, please contact us at: support@PodPlaylist.com

1. Use of the Site and Service
   
   
   1. Your Account

      Once you register for the Service, you will have a username, password and an account. Please note that PodPlaylist may opt to disallow or remove a particular username at its sole discretion. You may never use another's account without his/her permission. You are responsible for activity that occurs on your account and for maintaining the confidentiality of your password and account, which may not be shared with others. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify PodPlaylist of any unauthorized use of your account or any other breach of security known to you. Although PodPlaylist will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of PodPlaylist or others due to such unauthorized use. Accounts are for personal, noncommercial use only. However, PodPlaylist reserves the right to allow particular users to use the Site or Service for commercial purposes pursuant to a separate written agreement. You may not use automated means, including spiders, robots, crawlers, data mining tools, or the like to sign on, use, or receive information through the Service or on the Site.

   2. PodPlaylist's Intellectual Property Rights

      All content (with the exception of Member Content, as defined below) of the PodPlaylist Site and Service including but not limited to design, text, software, technical drawings, configurations, graphics, other files, and their selection and arrangement ("Content") are: Copyright © 2005-07 PodPlaylist, and/or the proprietary property of its suppliers, affiliates, or licensors. Content may not be reproduced, modified, derivative works created from, displayed, performed, published, distributed, disseminated, broadcasted or circulated to any third party (including, without limitation, the display and distribution of the material via third party Web sites or other networked computer environment) without the express prior written consent of PodPlaylist and/or its suppliers, affiliates, or licensors. All rights reserved.

      PodPlaylist, PodPlaylist.com, and the PodPlaylist logo are, without limitation, trademarks, service marks or registered trademarks of PodPlaylist, and may not be copied, imitated, or used, in whole or in part, without PodPlaylist's prior written permission or that of our suppliers or licensors. Other product and company names may be trade or service marks of their respective owners.

      PodPlaylist may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in its Site and/or Service. Unless we have granted you licenses to our intellectual property in this Agreement, our providing you with such Web pages does not give you any license to our intellectual property. Any rights not expressly granted herein are reserved.

   3. Member Content

      PodPlaylist does not claim any ownership rights in any articles, information, materials, data, files, programs, photographs, concepts, communications, footage, ideas, opinions, and other materials ("Member Content") you post, store, or exchange through the PodPlaylist Site or Service; you continue to retain all ownership rights in such Member Content. Member Content is the sole responsibility of the person from which such Member Content originated. This means that you, and not PodPlaylist, are entirely responsible for all Member Content that you upload, post, email, transmit or otherwise make available through the Site or Service. To the extent that PodPlaylist provides you with an opportunity to post, store and exchange Member Content, you agree to and hereby do grant, and you represent and warrant that you have the right to grant, PodPlaylist, its contractors, and the users of the PodPlaylist Site an irrevocable, perpetual, non-exclusive, royalty-free, fully sublicensable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display, and distribute such content and to prepare derivative works of, or incorporate into other works, such Member Content on the PodPlaylist Site or Service. This license does not grant PodPlaylist the right to sell Member Content or otherwise distribute it outside of PodPlaylist's Site or Service; provided, however that streaming of content on third party Web sites via embedded widgets shall not be deemed a distribution outside of PodPlaylist’s Site or Service.

      Member Content posted by users and other non-PodPlaylist contributors are generally not reviewed by PodPlaylist. Accordingly, PodPlaylist does not guarantee the accuracy, integrity or quality of such Member Content. PodPlaylist will have the right, but not the obligation, to reject, refuse to post, or otherwise monitor all content displayed by users, and may remove or require users to remove all content that PodPlaylist, in its sole discretion, deems to be (a) inconsistent with PodPlaylist's strategic mission and vision (including but not limited to content that contains undesirable images of or links or references to tobacco and alcohol products, profanity, pornography, violence, or discrimination of any sort) and/or this Agreement; or (b) possibly in violation of applicable law. In addition, PodPlaylist has the right to remove any content if PodPlaylist has reason to believe that displaying such content may infringe the rights of a third party or subject PodPlaylist to expense or liability. Please notify us at support@PodPlaylist.com of any content that you believe might violate applicable law or your intellectual property rights or contain undesirable images of or links or references to tobacco and alcohol products, profanity, pornography, violence, prejudicial content, or content that is obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable.

      PodPlaylist reserves the right, in its sole discretion, to determine whether and what action to take in response to each such notification, and any action or inaction in a particular instance will not dictate or limit PodPlaylist's response to a future complaint. You acknowledge and agree that PodPlaylist will not assume or have any liability for any action or inaction by PodPlaylist with respect to any Member Content.