thepopcastmediagroup.com is offered and available to users who are 18 years of age or older. By using thepopcastmediagroup.com, you represent and warrant that you are of legal age to form a binding contract with The PMG and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use thepopcastmediagroup.com.
ACCESSING THE WEBSITE AND ACCOUNT SECURITY
We reserve the right to withdraw or amend thepopcastmediagroup.com and any service or material we provide on thepopcastmediagroup.com in our sole discretion without notice. We will not be liable if for any reason all or any part of thepopcastmediagroup.com is unavailable at any time or for any period. From time to time, we may restrict access to some parts of or the entire site, to users, including registered users.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
NO UNLAWFUL OR PROHIBITED USE AND INTELLECTUAL PROPERTY
As a condition of your use of thepopcastmediagroup.com, you warrant to The PMG that you will not use thepopcastmediagroup.com or any of the resources available for download from thepopcastmediagroup.com for any purpose that is unlawful or prohibited by these Terms. You may not use thepopcastmediagroup.com or any of the resources available for download from thepopcastmediagroup.com in any manner that could damage, disable, overburden, or impair thepopcastmediagroup.com or interfere with any other party’s use and enjoyment of thepopcastmediagroup.com. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through thepopcastmediagroup.com.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on thepopcastmediagroup.com, is the property of The PMG or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Website or any of the resources available for download from thepopcastmediagroup.com.
The PMG content is not for resale. Your use of thepopcastmediagroup.com or any of the resources available for download from thepopcastmediagroup.com does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your individual use, and will make no other use of the content without the express written permission of The PMG and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of The PMG or our licensors except as expressly authorized by these Terms.
The PMG names, the PMG logos, The PMG slogans, and all related names, logos, product and service names, designs, and slogans are trademarks of The PMG or its affiliates or licensors. You must not use such marks without the prior written permission of The PMG. All other names, logos, product and service names, designs and slogans on knoxandjamie.com are the trademarks of their respective owners.
FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY
As set forth more fully in the Disclaimer, the information contained on thepopcastmediagroup.com and the resources available for download through thepopcastmediagroup.com are for educational and informational purposes only. The information contained on thepopcastmediagroup.com and the resources available for download through thepopcastmediagroup.com is not intended as, and shall not be understood or construed as legal, financial, tax, medical, health, or any other professional advice.
ACCURACY AND PERSONAL RESPONSIBILITY
As set forth more fully in the Disclaimer, we have done our best to ensure that the information provided on thepopcastmediagroup.com and the resources available for download are accurate and provide valuable information, but we cannot guarantee the accuracy of the information. Neither The PMG nor any of its owners or employees shall be held liable or responsible for any errors or omissions on thepopcastmediagroup.com or for any damage you may suffer as a result of failing to seek competent advice from a professional who is familiar with your situation.
By using thepopcastmediagroup.com, you accept personal responsibility for the results of your actions. You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available on thepopcastmediagroup.com or the resources available for download from thepopcastmediagroup.com. You agree to use judgment and conduct due diligence before taking any actions or implementing any plans or policy suggested or recommended on this Website.
EMAIL AND OTHER ELECTRONIC COMMUNICATIONS
Visiting thepopcastmediagroup.com or sending emails to The PMG constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on thepopcastmediagroup.com, satisfy any legal requirement that such communications be in writing.
USE OF COMMUNICATION SERVICES
thepopcastmediagroup.com may contain chat areas, news groups, forums, communities, personal web pages, calendars, blog comment sections and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
The PMG has no obligation to monitor the Communication Services. However, The PMG reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. The PMG reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
The PMG reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in The PMG’s sole discretion.
Always use caution when giving out any personally identifying information about yourself in any Communication Service. The PMG does not control or endorse the content, messages or information found in any Communication Service and, therefore, The PMG specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized The PMG spokespersons, and their views do not necessarily reflect those of The PMG.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
MATERIALS PROVIDED TO THE WEBSITE
The PMG does not claim ownership of the materials you provide to knoxandjamie.com (including feedback and suggestions) or post, upload, input or submit to any Website or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing, or submitting your Submission you are granting The PMG, our affiliated companies, and necessary sub-licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. The PMG is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in The PMG’s sole discretion.
By posting, uploading, inputting, providing, or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
LINKS TO THIRD PARTY WEBSITES AND SERVICES
thepopcastmediagroup.com may contain links to other Websites (“Linked Websites”). The Linked Websites are not under the control of The PMG and The PMG is not responsible for the contents of any Linked Website, including without limitation any link contained in a Linked Website, or any changes or updates to a Linked Website. The PMG is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by The PMG of the Website or any association with its operators.
Certain services made available via thepopcastmediagroup.com are delivered by third-party Websites and organizations. By using any product, service, or functionality originating from thepopcastmediagroup.com, you hereby acknowledge and consent that The PMG may share such information and data with any third party with whom The PMG has a contractual relationship to provide the requested product, service or functionality on behalf of thepopcastmediagroup.com users and customers.
USE OF TEMPLATES AND FORMS
The PMG provides various templates and/or forms for download and/or sale on thepopcastmediagroup.com. The PMG grants you a limited, personal, non-exclusive, non-transferable license to use our templates and/or forms for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the templates and/or forms in any manner, except for modifications in filling out the templates and/or forms for your authorized use.
By ordering or downloading Forms, you agree that the Forms you purchase or download may only be used by you for your personal or business use and may not be sold or redistributed without the express written consent of The PMG.
USE OF FREE DOWNLOADABLE CONTENT
The PMG provides various resources on thepopcastmediagroup.com, which users may access by providing an e-mail address. The PMG grants you a limited, personal, non-exclusive, non-transferable license to use our resources provided in exchange for an email address (the “Freemium Content”) for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Freemium Content in any manner.
By downloading the Freemium Content, you agree that the Freemium Content you download may only be used by you for your personal or business use and may not be sold or redistributed without the express written consent of The PMG.
By downloading the Freemium Content, you further agree that you shall not create any derivative work based upon the Freemium Content and you shall not offer any competing products or services based upon any information contained in the Freemium Content.
The PMG may, from time to time, provide information from a third party in the form of a podcast guest interview, interview on other platform, guest blog post, or other medium. The PMG does not control the information provided by such third-party guests, is not responsible for investigating the truth of any information provided, and cannot guarantee the veracity of any statements made by such guests.
Individuals who agree to appear as guests on any podcast offered by The PMG agree to transfer all intellectual property rights they may have in any such interviews to The PMG and further provide a license to any rights they are unable to assign.
The PMG makes no warranties regarding the performance or operation of this website. The PMG further makes no representations or warranties of any kind, express or implied, as to the information, contents, materials, documents, programs, products, books, or services included on or through this website. To the fullest extent permissible under the law, The PMG disclaims all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose.
LIMITATION OF LIABILITY
You agree to absolve The PMG of any and all liability or loss that you or any person or entity associated with you may suffer or incur as a result of use of the information contained on this website and/or the resources you may download from this website. You agree that the company shall not be liable to you for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of this website.
The information, software, products, and services included in or available through the website may include inaccuracies or typographical errors. Changes are periodically added to the information herein. The PMG and/or its suppliers may make improvements and/or changes in the website at any time.
The PMG and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the website for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided “as is” without warranty or condition of any kind. The PMG and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.
You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to thepopcastmediagroup.com, The PMG, any and all contracts you enter into with The PMG, and any and all of The PMG’s products and services.
To the extent that you attempt to assert any such claim, you hereby expressly agree to present such claim only through binding arbitration to occur in Birmingham, Alabama. You further agree to and do hereby waive any right to class arbitration and agree, instead, to conduct an arbitration related solely to any individual claims you and/or any entity related to you asserts against The PMG. To the fullest extent permissible by law, you further agree that you shall be responsible for all costs associated with initiating the arbitration and for the administration of the arbitration.
The Service is controlled, operated and administered by The PMG from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use The PMG Content accessed through the Website in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend, and hold harmless The PMG, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use thepopcastmediagroup.com or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The PMG reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with The PMG in asserting any available defenses.
TERMINATION AND ACCESS RESTRICTION
NO JOINT VENTURE OR OTHER RELATIONSHIP
You agree that no joint venture, partnership, employment, or agency relationship exists between you and The PMG as a result of this agreement or use of thepopcastmediagroup.com. The PMG’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of The PMG’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of knoxandjamie.com or information provided to or gathered by The PMG with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
CHANGES TO TERMS
The PMG reserves the right, in its sole discretion, to change the Terms under which the Website is offered. The most current version of the Terms will supersede all previous versions. The PMG encourages you to periodically review the Terms to stay informed of our updates.
The PMG welcomes your questions or comments regarding the Terms:
The Popcast Media Group, LLC
120 19th St. N
Birmingham, AL 35203
Email Address: firstname.lastname@example.org
Last Updated: August 10, 2021