Welcome to SwitchPOD. These Terms and Conditions
(“Terms”) are a legal agreement between you and SwitchPOD, Inc. By your
use of the SwitchPOD WebSite (“WebSite ” or “Site ”), as well
as the use of the services offered on these Sites (“Service”) you agree to be
bound by the Terms.
We have attempted to present in this document all
terms and conditions for the safe and fruitful interaction of the members of our
varied community. If a matter or dispute arises that is not covered by these
terms, it will be resolved at SwitchPOD’s sole discretion, but in conversation
with the affected parties and within a governing law. SWITCHPOD may, but is not
obligated to, incorporate the resolution of the situation into these global
terms. If a member disagrees with the resolution, their recourse will be to
delete their account.
User
Representations:
Age
You affirm that you are either more
than 18 years of age, or an emancipated minor, or possess legal parental or
guardian consent, and are fully able and competent to enter into the terms,
conditions, obligations, affirmations, representations, and warranties set forth
in these Terms of Service, and to abide by and comply with these Terms of
Service. In any case, you affirm that you are 13 years of age or over the age of
13, as the SwitchPOD WebSite is not intended for children under 13. Under
United States law, you must be at least 13 years of age to use this Service.
Please review the Children’s Online Privacy Protection Act of 1998
(Children’s Online Privacy Protection Act of 1998 at http://www.ftc.gov/ogc/coppa1.htm).
No Illegal Purpose
You must not use the Service for any illegal or
unauthorized purpose. You must use the Service in a manner consistent with any
and all applicable local, state, national and international laws and regulations
(including, but not limited to, United States copyright law and export control
law). International users must comply with all local laws regarding online
conduct and acceptable content.
Personal Use
In order to access some features of the WebSite, you
will have to create an account. You may never use another's account without
permission. When creating your account, you must provide accurate and complete
information. You are solely responsible for the activity that occurs on your
account, and you must keep your account password secure. You must notify
SwitchPOD immediately of any breach of security or unauthorized use of your
account. Although SwitchPOD will not be liable for your losses caused by any
unauthorized use of your account, you may be liable for the losses of SwitchPOD
or others due to such unauthorized use.
Your account is for your sole, personal use (or that
of the entity on whose behalf you are entering into this Agreement). You may not
authorize others to use your account, and you may not assign or otherwise
transfer your account to any other person or entity. You agree not to reproduce,
duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any
portion of the Service, use of the Service, or access to the Service. You agree
not to resell or make commercial use of this Site or Service, or its contents;
including the collection and use of any search results, listings, data, or other
content; any derivative use of this Site or its contents; or any use of data
mining, robots, screen-scraping, or similar data gathering and extraction
tools. You may not sell, resell, barter, or trade, or use the Service as
collateral in any manner whatsoever or for any commercial purposes without the
express permission of SwitchPOD, Inc.
You are fully responsible for any activity that
occurs under your screen name or account, including any violation of this
Agreement. Violation of any of these Terms will result in the termination of
your SWITCHPOD account. SWITCHPOD will not be liable for any loss or damage
arising from your use of the Service, including any failure by you or another
member to comply with these Terms.
Payment Policy
You are responsible for providing SwitchPOD with
current accurate contact information at all times. If you avail yourself or the
entity you represent, You are responsible for providing SwitchPOD with
current accurate contact and payment information for billing purposes at
all times. SwitchPOD is not responsible for any service interruptions that may
result from your contact or payment information being out of date, in error or
otherwise invalid.
By submitting an online application form for
any
Service offered on the Site, you authorize SwitchPOD to charge the credit card
you provide on a monthly basis for the amount due pursuant to any Services you may have purchased and the terms under which the purchase was made. You
understand that your credit card may be billed and charged automatically, and
that SwitchPOD has the right to charge your credit card for the full amount of
any outstanding balance you may have with SwitchPOD under the agreed upon
terms.
Your account will be considered “past due” when you do not make a payment or
your payment cannot be collected by SwitchPOD on the due date. All past due
accounts will be locked from access to the Site ’s “member’s area” until it is
removed from past due status. The only way to remove an account from past due
status is to remove any outstanding balance owed to
SwitchPOD.
Additional Purchases
Additional terms and conditions may apply to
purchases of goods or Service and to specific portions or features of the Site,
including contests, promotions or other similar features, all of which terms are
made a part of these Terms of Use by this reference. You agree to abide by such
other terms and conditions, including where applicable representing that you are
of sufficient legal age to use or participate in such Service or feature. If
there is a conflict between these Terms of Use and the terms posted for or
applicable to a specific portion of the Site or for any Service offered on
or through the Site, the latter terms shall control with respect to your use of
that portion of the Site or the
Service.
Account Access
SWITCHPOD may restrict, suspend, or terminate your
access to all or any part of the Service, deactivate your account, or delete
your account and all related information and files in your account. You
acknowledge, consent and agree that SWITCHPOD may access, preserve, disclose or
delete your account information and Content if required to do so by law or in a
good faith belief that such act is reasonably necessary to: (a) comply with
legal process; (b) enforce this Agreement; (c) respond to claims that Content
violates the rights of third-parties; (d) respond to your requests for customer
service; or (e) protect the rights, property, or personal safety of SWITCHPOD,
its users and the public. After a period of inactivity, SWITCHPOD reserves the
right to disable or terminate a user's account. If an account has been
deactivated for inactivity, the name associated with that account may be given
to another Registered User without notice to you or such other
party.
Password
You are responsible for keeping your password secure
and confidential. You agree to notify SWITCHPOD immediately of any unauthorized
use of your password or account or any other breach of
security.
You may not use anyone else’s SwitchPOD user ID,
password or account at any time without the express permission and consent of
the holder of that SwitchPOD user ID, password or account. SwitchPOD will not be
liable for any loss or damage arising from your failure to comply with these
obligations.
Accuracy
You affirm that all of the information provided by
you to SWITCHPOD is true, accurate, current and complete (including, but not
limited to your name, mailing address, email address, phone number,
WebSite address and listener demographic information and other information
in your account. Your e-mail address is accurate, up to date, valid, and
regularly checked. Violation of this representation shall be considered forfeit
of any prizes or awards won in the Contest.
Conduct and Content
You are solely responsible for your conduct and any
Content (including, but not limited to, any songs, audio, video, data, graphics,
photos, text, information, screen names, profiles, newsletters, Podcast s,
blogs, broadcasts, messages, software, XML, RSS and links) (“Content” or "User
Submissions") that you upload, create, post, display, publish, e-mail,
communicate, transmit or otherwise make available on the Service (‘Upload’). You
are similarly responsible for your conduct and transmission of Content to other
Users.
Community
You must not abuse, harass, threaten, impersonate or
intimidate other SWITCHPOD users. You must not post on the Service, or transmit
to other SWITCHPOD users any inaccurate, defamatory, abusive, obscene, profane,
vulgar, tortuous, libelous, offensive, sexually oriented, threatening,
harassing, hateful, harmful, racially offensive, illegal, or otherwise
objectionable material, or any material that infringes or violates another
party’s rights (including, but not limited to, copyrights, licenses, other
intellectual property rights, contractual or fiduciary rights and obligations,
and rights of privacy and publicity).
Solicitation
You must not create, upload, post, e-mail, transmit,
submit or otherwise make available unsolicited commercial messages (including,
but not limited to, spam, chain letters, “pyramid-schemes” and junk e-mail) to
any SWITCHPOD users via the Service (including e-mail, message boards, or other
messaging services) except in areas designated for such purpose. You must not
engage in commercial advertising to, or solicitation of, other SWITCHPOD
users.
Privacy Policy
By using the Site, you acknowledge and agree that
Internet transmissions are never completely private or secure. You understand
that any message or information you send to the Site may be read or intercepted
by others, even if there is a special notice that a particular transmission (for
example, credit card information) is encrypted. Furthermore, you agree to be
bound by the our Privacy Policy located at
“http://www.switchpod.com/privacy.php”
Copyright ownership, etc
For all content that you Upload to the Service
(including, but not limited to, any songs, audio, video, data, graphics, photos,
text, information, screen names, profiles, newsletters, Podcast s, blogs,
broadcasts, messages, software, XML, RSS and links) (“Content” or "User
Submissions"), you affirm, represent, and/or warrant that: (i) you own or have
the necessary licenses, rights, consents, and permissions to use and authorize
SwitchPOD to use all patent, trademark, trade secret, copyright or other
proprietary rights in and to any and all User Submissions to enable inclusion
and use of the User Submissions in the manner contemplated by the WebSite
and these Terms of Service; and (ii) you have the written consent, release,
and/or permission of each and every identifiable individual person in the User
Submission to use the name or likeness of each and every such identifiable
individual person to enable inclusion and use of the User Submissions in the
manner contemplated by the WebSite and these Terms of Service. For
clarity, you retain all of your ownership rights in your User Submissions.
However, by submitting the User Submissions to SwitchPOD , you hereby grant
SwitchPOD a worldwide, non-exclusive, royalty-free, sublicensable and
transferable license to use, reproduce, distribute, prepare derivative works of,
display, and perform the User Submissions in connection with the SwitchPOD
WebSite and SwitchPOD 's (and its successor's) business, including without
limitation for promoting and redistributing part or all of the SwitchPOD
WebSite (and derivative works thereof) in any media formats and through
any media channels. You also hereby grant each user of the SwitchPOD
WebSite a non-exclusive license to access your User Submissions through
the WebSite , and to use, reproduce, distribute, prepare derivative works
of, display and perform such User Submissions as permitted through the
functionality of the WebSite and under these Terms of Service.
In connection with User Submissions, you further
agree that you will not: (i) submit material that is copyrighted, protected by
trade secret or otherwise subject to third party proprietary rights, including
privacy and publicity rights, unless you are the owner of such rights or have
permission from their rightful owner to post the material and to grant SwitchPOD
all of the license rights granted herein; (ii) publish falsehoods or
misrepresentations that could damage SwitchPOD or any third party; (iii) submit
material that is unlawful, obscene, defamatory, libelous, threatening,
pornographic, harassing, hateful, racially or ethnically offensive, or
encourages conduct that would be considered a criminal offense, give rise to
civil liability, violate any law, or is otherwise inappropriate; (iv) post
advertisements or solicitations of business: (v) impersonate another person.
You understand that whether or not such User
Submissions are published, SwitchPOD does not guarantee any confidentiality with
respect to any submissions. You must not misattribute or otherwise claim
as your own the copyrighted works of another party. You shall be solely
responsible for your own Content and the consequences of posting or publishing
them.
User Opinions and User Submissions
SwitchPOD does not endorse any User Submission or any
opinion, recommendation, or advice expressed therein, and SwitchPOD EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN
CONNECTION WITH User Submissions. SwitchPOD does
not permit copyright infringing activities and infringement of intellectual
property rights on its WebSite, and SwitchPOD will remove all Content and User
Submissions if properly notified that such Content or User Submission infringes
on another's intellectual property rights. SwitchPOD reserves the right to
remove Content and User Submissions without prior notice. SwitchPOD will also
terminate a User's access to its WebSite, if they are determined to be a repeat
infringer. A repeat infringer is a User who has been notified of infringing
activity more than twice and/or has had a User Submission removed from the
WebSite more than twice. SwitchPOD also reserves the right to decide
whether Content or a User Submission is appropriate and complies with these
Terms of Service for violations other than copyright infringement and violations
of intellectual property law, such as, but not limited to, pornography, obscene
or defamatory material, or excessive length. SwitchPOD may remove such User
Submissions and/or terminate a User's access for uploading such material in
violation of these Terms of Service at any time, without prior notice and at its
sole discretion.
You understand that when using the SwitchPOD
WebSite , you will be exposed to User Submissions from a variety of
sources, and that SwitchPOD is not responsible for the accuracy, usefulness,
safety, or intellectual property rights of or relating to such User Submissions.
You further understand and acknowledge that you may be exposed to User
Submissions that are inaccurate, offensive, indecent, or objectionable, and you
agree to waive, and hereby do waive, any legal or equitable rights or remedies
you have or may have against SwitchPOD with respect thereto, and agree to
indemnify and hold SwitchPOD, its Owners/Operators, affiliates, and/or
licensors, harmless to the fullest extent allowed by law regarding all matters
related to your use of the Site.
Hacking
You must not Upload, or otherwise make available any
material that contains software viruses, worms, any other code, robot, spider or
other automatic device, program, algorithm or methodology, files, programs or
any similar or equivalent manual process of a destructive nature (or designed to
interrupt, destroy or limit the functionality of any computer software or
hardware or telecommunications equipment) via the Service, or that
accesses the WebSite in a manner that sends more request messages to the
SwitchPOD servers in a given period of time than a human can reasonably produce
in the same period by using a convention on-line web browser. You must not
interfere with or disrupt the Service or servers or networks connected to the
Service. You must not act in a manner that negatively affects the ability of
other SWITCHPOD users to use the Service or engage in real-time dialogue via
SwitchPOD ’s messaging Services. You may not collect or harvest any
personally identifiable information, including account names, from the WebSite,
nor to use the communication systems provided by the WebSite for any commercial
solicitation purposes. You agree not to solicit, for commercial purposes, any
users of the WebSite with respect to their User Submissions. You may not
use any device, software or routine to interfere or attempt to interfere with
the proper working of the Site or any transaction being conducted on the Site,
or with any other person’s use of the Site. You may not forge headers or
otherwise manipulate identifiers in order to disguise the origin of any message
or transmittal you send to SwitchPOD on or through the Site or any Service
offered on or through the Site . You may not pretend that you are, or that you
represent, someone else, or impersonate any other individual or
entity.
You may not use the Site or any Content for any
purpose that is unlawful or prohibited by these Terms of Use, or to solicit the
performance of any illegal activity or other activity which infringes the rights
of SwitchPOD or others.
Public Search Engines
Notwithstanding the above, SwitchPOD grants the
operators of public search engines only, the permission to use spiders or
similar software to copy materials from the Site for the sole purpose of
creating publicly available searchable indices of the materials, but not caches
or archives of such materials. SwitchPOD reserves the right to revoke these
exceptions either generally or in specific cases
Linking When you post or link an outside
WebSite to Content hosted on SWITCHPOD servers, you must provide a link back to
the corresponding display page on SWITCHPOD for each item of Content. However,
you must not embed mp3 Content hosted on SWITCHPOD on outside WebSite that cause
such Content to “auto play.” You must not modify, adapt or hack SWITCHPOD or
another WebSite so as to imply any false association between SWITCHPOD and
another entity. You must not impersonate any person or entity affiliated with
SWITCHPOD or falsely state or otherwise misrepresent your affiliation with
SWITCHPOD. You must not forge or manipulate headers or identifiers in order to
disguise the origin of any Content transmitted through the
Service.
SwitchPOD permits you to link to materials on the
WebSite for personal, non-commercial purposes only. In addition, SwitchPOD
may provide an "Embeddable Player" feature, which you may incorporate into
your own personal, non-commercial WebSite for use in accessing the materials on
the WebSite, provided that you include a prominent link back to the SwitchPOD
WebSite on the pages containing the Embeddable Player. SwitchPOD reserves
the right to discontinue any aspect of the SwitchPOD WebSite at any
time.
Intellectual Property Piracy
Policy
SwitchPOD actively and aggressively enforces
its intellectual property rights to the fullest extent of the law. It is illegal
to copy, reproduce or distribute copyrighted material programs without
permission, and violators may be subject to civil and criminal actions and
penalties both in the United States and abroad. Copyrighted material includes,
but is not limited to, computer programs and accompanying sounds, images and
text.
As a user of the Site, we expect you to join us in
our piracy prevention efforts. So long as you are a user of the Site, including
but not limited to a user of the Service, you acknowledge that you are bound by
and will observe U.S. and international copyright and intellectual property laws
and the provisions of this Agreement specifically related thereto, and you will
report incidents of suspected piracy to us at support@SwitchPOD.com
Moved to the Accounts Section on the first
pages
Comments to SwitchPOD Please feel free to send
comments, bug reports, or opinions to support@SwitchPOD.com. All such submissions sent to the
address above, to the Site, or to any SwitchPOD email address will be considered
non-confidential. Please note that any feedback you provide via the Site
and any SwitchPOD email address linked therein shall be deemed to be
non-confidential and SwitchPOD shall be free to use such information on an
unrestricted basis.
SwitchPOD Basic Terms
Service
SWITCHPOD reserves the right, but has no obligation,
to take any of the following actions in its sole discretion at any time and for
any reason, and you agree that we will not be liable to you or any third party
for taking any of these actions. As used herein, the term “Service” means any
service provided by SwitchPOD via the Site, including, but not limited to, the
provision by SwitchPOD to you of specified connectivity, storage space and
bandwidth for the hosting of a your Podcast by SwitchPOD . Furthermore, whenever
these Terms of Use refer to your use of the Site, said use shall be meant to
include, but not be limited to, your use of any Service offered by SwitchPOD via
the Site.
SwitchPOD obligations, if any, with regard to its products and Service are
governed solely by the agreements pursuant to which they are provided, and
nothing on this Site should be construed to alter such
agreements.
SwitchPOD may make changes to any products or Service
offered on the Site, or to the applicable prices for any such products or
Service, at any time, without notice. The materials on the Site with respect to
products and Service may be out of date, and SwitchPOD makes no commitment to
update the materials on the Site with respect to such products and
Service.
These Terms and Conditions of Use (the “Terms” or
“Terms of Use”) apply to the SwitchPOD WebSite located at www.SwitchPOD.com, and all
associated Sites linked to www.SwitchPOD.com by SwitchPOD, its subsidiaries and
affiliates, including SwitchPOD Sites around the world (collectively, the
“WebSite” or “Site”). The Site is the property of SwitchPOD, Inc. and its
licensors. Again, BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO
NOT AGREE, DO NOT USE THE SITE.
SwitchPOD reserves the right, at its sole discretion,
to change, modify, add or remove portions of these Terms of Use, at any time.
IT IS YOUR RESPONSIBILITY TO CHECK
THESE TERMS OF USE PERIODICALLY FOR CHANGES. YOUR CONTINUED USE OF THE SITE
FOLLOWING THE POSTING OF CHANGES WILL MEAN THAT YOU ACCEPT AND AGREE TO THE
CHANGES. As long as you comply with these Terms
of Use, SwitchPOD grants you a personal, non-exclusive, non-transferable,
limited privilege to enter and use the Site for non-commercial
purposes.
The content on the SwitchPOD WebSite, except all User
Submissions, including without limitation, the text, software, scripts,
graphics, photos, sounds, music, videos, interactive features and the like
("Content") and the trademarks, service marks and logos contained therein
("Marks"), are owned by or licensed to SwitchPOD, subject to copyright and other
intellectual property rights under United States and foreign laws and
international conventions. Content on the WebSite is provided to you AS IS
for your information and personal use only and may not be used, copied,
reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or
otherwise exploited for any other purposes whatsoever without the prior written
consent of the respective owners. SwitchPOD reserves all rights not expressly
granted in and to the WebSite and the Content. You agree to not engage in the
use, copying, or distribution of any of the Content other than expressly
permitted herein, including any use, copying, or distribution of User
Submissions of third parties obtained through the WebSite for any
commercial purposes. If you download or print a copy of the Content for personal
use, you must retain all copyright and other proprietary notices contained
therein. You agree not to circumvent, disable or otherwise interfere with
security related features of the SwitchPOD WebSite or features that prevent or
restrict use or copying of any Content or enforce limitations on use of the
SwitchPOD WebSite or the Content therein.
Site Content
There are two categories of Site Content – that which
belongs exclusively to SwitchPOD (“SwitchPOD Content”) and that which belongs
exclusively to you (“Your Content”)(collectively, “any” or “all” “Content”).
SwitchPOD Content is all text, graphics, user interfaces, visual interfaces,
photographs, trademarks, logos, sounds, music, artwork and computer code,
including but not limited to the design, structure, selection, coordination,
expression, “look and feel” and arrangement thereof, contained on the Site,
exclusive of all Your Content. All SwitchPOD Content is owned, controlled or
licensed by or to SwitchPOD, and is protected by trade dress, copyright, patent
and trademark laws, and various other intellectual property rights and unfair
competition laws. Your Content is all data, graphics, text, names, marks, logos,
hypertext links to other Web Sites and other audio and/or visual information
incorporated in, transmitted through or published or displayed incident to or
via your Podcast.
All of Your Content is owned exclusively by you.
Except as expressly provided in these Terms of Use, no part of the Site and no
SwitchPOD Content may be copied, reproduced, republished, uploaded, posted,
publicly displayed, encoded, translated, transmitted or distributed in any way
(including “mirroring”) to any other computer, server, Web Site or other medium
for publication or distribution or for any commercial enterprise, without
SwitchPOD’s express prior written consent.
You may use information on SwitchPOD products and
services (such as data sheets, knowledge base articles, and similar materials)
purposely made available by SwitchPOD for downloading from the Site, provided
that you (1) not remove any proprietary notice language in all copies of such
documents, (2) use such information only for your personal, non-commercial
informational purpose and do not copy or post such information on any networked
computer or broadcast it in any media, (3) make no modifications to any such
information, and (4) not make any additional representations or warranties
relating to such documents.
Monitoring
SWITCHPOD may monitor the Content available on the
Service.
Treatment of Content
SWITCHPOD may refuse, move, or remove any Content,
including, but not limited to, Content that, in SwitchPOD’s sole opinion,
violates or is alleged to violate any applicable law or the letter or spirit of
this Agreement. You remain solely responsible for the Content you make available
via the Service. You represent that you, or the entity on whose behalf you are
entering into this Agreement, own all right, title and interest to all Content
that you upload to the Service. If a dispute or claim arises from such Content,
SWITCHPOD reserves the right to remove the Content until a bonafide resolution
has been reached. SWITCHPOD is in no position to resolve such claims or
disputes, and we will not referee your disputes. There are no assurances
whatsoever that any Content you submit shall actually be utilized on the
SWITCHPOD Site or, if so utilized, continue to be available for any particular
time.
Availability of Service
SWITCHPOD may change, suspend, or discontinue all or
any part of the Service at any time, with or without reason. You acknowledge
that the operation of our Site may from time to time encounter technical or
other problems and may not necessarily continue uninterrupted or without
technical or other errors and SWITCHPOD shall not be responsible to you or
others for any such interruptions, errors or problems or an outright
discontinuance of the SWITCHPOD
Service.
I also put the following paragraph into Account
Information in the beginning.
Account Access
SWITCHPOD may restrict, suspend, or terminate your
access to all or any part of the Service, deactivate your account, or delete
your account and all related information and files in your account. You
acknowledge, consent and agree that SWITCHPOD may access, preserve, disclose or
delete your account information and Content if required to do so by law or in a
good faith belief that such act is reasonably necessary to: (a) comply with
legal process; (b) enforce this Agreement; (c) respond to claims that Content
violates the rights of third-parties; (d) respond to your requests for customer
service; or (e) protect the rights, property, or personal safety of SWITCHPOD,
its users and the public. After a period of inactivity, SWITCHPOD reserves the
right to disable or terminate a user's account. If an account has been
deactivated for inactivity, the name associated with that account may be given
to another Registered User without notice to you or such other
party.
Alteration of Terms
SWITCHPOD reserves the right to alter these Terms of
Use at any time. If the alterations constitute a material change to the Terms of
Use, we will notify you via SWITCHPOD 's internal messaging service or via
internet mail to the address provided in your Account Profile. What constitutes
a "material change" will be determined at our sole discretion, in good faith and
using common sense and reasonable judgment. Notice will be considered to have
been delivered once sent. Any use of the Service after alteration of the Terms
will constitute acceptance by you of such changes. Your sole remedy should you
not agree with the altered Terms shall be close your SWITCHPOD account and to
cease use of the Service.
Accuracy of information or content
Opinions, advice, statements, offers, information or
other Content made available through the Service are those of their respective
authors, and should not necessarily be relied upon. Such authors are solely
responsible for such content. SWITCHPOD does not: (i) guarantee the accuracy,
completeness or usefulness of any information on the service, and (ii) adopt,
endorse nor accept responsibility for the accuracy or reliability of any
opinion, advice, or statement made by any party other than SWITCHPOD. Under no
circumstances will SWITCHPOD be responsible for any loss or damage resulting
from anyone's reliance on information or other content posted on the service, or
transmitted to or by any registered users.
On Site Advertisements and our responsibility of
their content or use of their links
The Site may contain links to other independent
third-party Web Sites or advertisers found on or through the Service, (“Linked
Sites”). These Linked Sites are provided solely as a convenience to our
visitors. Such Linked Sites are not under SwitchPOD’s control, and SwitchPOD is
not responsible for and does not endorse the content of such Linked Sites,
including any information or materials contained on such Linked Sites. You will
need to make your own independent judgment regarding your interaction with these
Linked Sites.
Your correspondence or business dealings with these
Linked Sites, or participation in promotions of, including payment and delivery
of related goods or services, and any other terms, conditions, warranties or
representations associated with such Linked Sites dealings, are solely between
you and such Linked Sites. You agree that SWITCHPOD shall not be responsible or
liable for any loss or damage of any sort incurred as the result of any such
dealings or as the result of the presence of such Linked Sites on the
Service.
Unauthorized Use
It is possible that other SWITCHPOD Users (including
unauthorized users or "hackers") may post or transmit offensive or obscene
materials or otherwise violate these terms on the Service with intent to harass
or injure others. You understand and agree that by using the Service, you may be
involuntarily exposed to Content that is offensive, indecent, harmful or
objectionable. While SWITCHPOD prohibits such conduct and Content on its Site,
you understand and agree that SWITCHPOD cannot be responsible for such Content
and that you use the Service at your own
risk.
Copyright (What's Yours is
Yours)
Uploaded Content
SWITCHPOD does not claim ownership of any
intellectual property rights over the Content or User Submissions you Upload to
the SWITCHPOD Service. Any copyright in your profile and uploaded Content
belongs solely to you.
Created Content
Any content created using the Service shall be owned
by SWITCHPOD. For example, all copyrights in reviews, ratings, rankings, charts,
Podcast s, blogs, newsletters, broadcasts, XML, and RSS shall be owned by
SWITCHPOD and licensed to you and other users of the Service pursuant to the
terms hereof.
Content Removal
You can remove your Content at any time by deleting
your account. Deletion of your account will not terminate any Content licenses
granted prior to deletion of your account.
Rights Not Reserved
SWITCHPOD and user retain all rights and licenses not
explicitly granted hereunder.
Claims if you believe someone has used your
material
If you believe that your work has been copied in a
way that constitutes copyright infringement, or your intellectual property
rights have been otherwise violated, please provide SwitchPOD with the following
information:
a) electronic or
physical signature of the person authorized to act on behalf of the owner of the
copyright or other intellectual property interest;
b) description of
the copyrighted work or other intellectual property that you claim has been
infringed;
c) description of
where the material that you claim is infringing is located on the Site that is
reasonably sufficient to permit SwitchPOD to locate the material;
d) your contact
information, including your address, telephone number, and email address;
e) statement by
you that you have a good faith belief that the disputed use is not authorized by
the copyright or intellectual property owner, its agent, or the law;
f) statement by
you, made under penalty of perjury, that the above information in your notice is
accurate and that you are the copyright or intellectual property owner or
authorized to act on the copyright or intellectual property owner's behalf.
Notice of claims of copyright or other intellectual
property infringement (or requests from those seeking a license to SwitchPOD
marks) should be sent to:
SwitchPOD respects the intellectual property rights
of others, and we ask our users to do the same. As such, you are expressly
forbidden from using in any unauthorized use of copyrighted music, video, or
other material included in Your Content, including, but not limited to, any
broadcast or Podcast of yours syndicated by SwitchPOD via the Site . SwitchPOD
may, in its sole discretion, terminate the accounts of users who violate other’s
intellectual property rights, and a user so terminated may, at SwitchPOD’s sole
discretion, forfeit her enrollment costs for SwitchPOD’s Service. Such
termination may be issued immediately upon SwitchPOD learning of the
infringement, and no notice to you of SwitchPOD’s intent to terminate your
account due to infringement is required or necessary.
Grant of Content Rights to
SWITCHPOD
License
By uploading Content to the Service (including, but
not limited to, sound recordings, musical and/or vocal works, pictures, videos,
song lyrics, written materials and/or other materials), you hereby grant, and
you represent and warrant that you have the right to grant, to SWITCHPOD a
worldwide, non-exclusive, fully-paid-up, worldwide license to digitize, convert,
install, upload, select, order, arrange, compile, combine, synchronize, use,
reproduce, store, process, retrieve, transmit, distribute, copy, publish,
modify, adapt, translate, publicly display, publicly perform, hyperlink Your
Content; and make archival or back-up copies of Your Content, and distribute
such information and Content in whole and in part, and to prepare derivative
works of, or incorporate into other works, such information and Content, in any
format or medium now known or later developed. The foregoing license shall be
sublicensable by SWITCHPOD to permit SWITCHPOD users to view, hear, read,
stream, download and link to your Content. SWITCHPOD users may not transfer the
forgoing rights and, except as otherwise provided herein, SWITCHPOD may not
transfer or sell its Content license to others. At all times you shall retain
full ownership of your Content subject to the non-exclusive rights granted to
SWITCHPOD hereunder.
You also grant SWITCHPOD the right to use the
Content, such as songs, video, and Information (including, but not limited to,
names, likenesses biographical material, logos, marks or trade names of you or
any individuals performing or otherwise represented in the Content or any
individual, artist or anyone included or referred to in the Content) for the
purposes of syndication and the promotion of SWITCHPOD products and services
without any payment to you or any other persons or companies. SWITCHPOD may
sublicense its right to display Your Content. You represent that you have
sufficient ownership of rights in the Content to grant SWITCHPOD such
rights.
SwitchPOD’s Property
SwitchPOD’s Property
You acknowledge that the Service contains copyrighted
material, trademarks, and other proprietary information of SWITCHPOD and its
licensors and you agree that except for the limited license granted hereunder,
all right, title and interest to the Service and the contents therein remains
with SWITCHPOD.
The compilation of content on this Site is the
exclusive property of SWITCHPOD and protected by U.S. and international
copyright laws. All software used on this Site is the property of SWITCHPOD or
its software licensors and is protected by United States and international
copyright laws.
Trademarks and Patents
SwitchPOD trademarks and service marks are the
property of SwitchPOD, Inc.. (“the Marks”). Without prior permission from
SwitchPOD, Inc.., you agree not to display or use the Marks in any manner. One
or more Patents may apply to this Site and to the features and Service
accessible via the Site, including the patent-pending Review Process, and you
agree that all rights, title and interest to such Patents remain with SwitchPOD,
Inc.
Indemnity
You agree to indemnify and hold SwitchPOD , its
officers, directors, shareholders, predecessors, successors in interest,
employees, agents, subsidiaries and affiliates, harmless from any demands, loss,
liability, claims or expenses (including attorneys’ fees), made against
SwitchPOD by any third party due to or arising out of or in connection with your
use of the Site, including, but not limited to, Your Content. You agree to
defend, indemnify and hold harmless SwitchPOD, its parent corporation, officers,
directors, employees and agents, from and against any and all claims, damages,
obligations, losses, liabilities, costs or debt, and expenses (including but not
limited to attorney's fees) arising from: (i) your use of and access to the
SwitchPOD WebSite; (ii) your violation of any term of these Terms of Service;
(iii) your violation of any third party right, including without limitation any
copyright, property, or privacy right; or (iv) any claim that one of your User
Submissions caused damage to a third party. This defense and indemnification
obligation will survive these Terms of Service and your use of the SwitchPOD
WebSite.
DISCLAIMERS
SWITCHPOD DOES NOT PROMISE THAT THE SITE OR ANY
CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR
THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE
SPECIFIC RESULTS. THE SITE, SERVICE AND SWITCHPOD’S CONTENT ARE DELIVERED ON AN
“AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS
SUBJECT TO CHANGE WITHOUT NOTICE. SWITCHPOD CANNOT ENSURE THAT ANY FILES OR
OTHER DATA YOU DOWNLOAD FROM OR UPLOAD TO THE SITE WILL BE FREE OF VIRUSES OR
CONTAMINATION OR DESTRUCTIVE FEATURES. SWITCHPOD DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT,
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SWITCHPOD DISCLAIMS ANY
AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN
CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE. YOU ASSUME TOTAL
RESPONSIBILITY FOR YOUR USE OF THE SITE, YOUR CONTENT AND ANY LINKED SITES. YOUR
SOLE REMEDY AGAINST SWITCHPOD FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT
IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A
PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages,
liability or injuries caused by any failure of performance, error, omission,
interruption, deletion, defect, delay in operation or transmission, computer
virus, communication line failure, theft or destruction of or unauthorized
access to, alteration of, or use, whether for breach of contract, tort,
negligence or any other cause of action.
SwitchPOD reserves the right to do any of the
following, at any time, without notice: (1) to modify, suspend or terminate
operation of or access to the Site, or any portion of the Site, including, but
not limited to, the Service, for any reason; (2) to modify or change the Site,
or any portion of the Site, including, but not limited to, the Service, and any
applicable policies or terms; and (3) to interrupt the operation of the Site, or
any portion of the Site, including, but not limited to, the Service, as
necessary to perform routine or non-routine maintenance, error correction, or
other changes.
Audio, Video, Information Hosting.
As used herein “Audio Hosting,” “Video Hosting,”
“Text Content Hosting” or “Information Hosting” (“Hosting”) shall mean the
storage, web serving, streaming of a single or multiple unit of digital media
and associated metadata for the lifetime of SWITCHPOD.com.
Blog Programming (Podcasts)
As used herein “Podcasts” shall mean a sequential
series of posts containing text, audio, and other media, and a corresponding
multimedia XML file conforming to the RSS specification.
Payment
If by reason of death or disability you are unable to
receive the Service for which you contracted, you and your estate may elect to
be relieved of payment obligations for the Service excepting those received
before death or onset of disability.
Warranties
YOU AGREE THAT YOUR USE OF THE SWITCHPOD
WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY
LAW, SWITCHPOD , ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR
USE THEREOF. SWITCHPOD MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY
OR COMPLETENESS OF THIS SITE 'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO
THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS,
MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE,
OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR
WEBSITE , (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS
AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED
THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR
WEBSITE , (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE
TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY
ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED
AS A RESULT OF THE USE OF ANY CONTENT THAT YOU 'UPLOAD’ OR OTHERWISE MAKE
AVAILABLE VIA THE SWITCHPOD WEBSITE . SWITCHPOD DOES NOT WARRANT, ENDORSE,
GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR
OFFERED BY A THIRD PARTY THROUGH THE SWITCHPOD WEBSITE OR ANY HYPERLINKED
WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND SWITCHPOD WILL
NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION
BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE
PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU
SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE
APPROPRIATE.
Limitation of Liability
YOU SPECIFICALLY ACKNOWLEDGE THAT SWITCHPOD SHALL NOT
BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT
OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS
ENTIRELY WITH YOU.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT
SHALL SWITCHPOD BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL
OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE
THE SERVICE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS OR
GOODWILL, LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND
PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF SWITCHPOD KNOWS OR HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL SWITCHPOD'S
AGGREGATE LIABILITY, ON ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS
AGREEMENT EXCEED the greater of (1) the total of any subscription or similar
fees with respect to the Service or feature of or on the Site paid in the
six months prior to the date of the initial claim made against SwitchPOD; or (2)
US$100.00. Some jurisdictions do not allow limitations of liability, so the
foregoing limitation may not apply to you.
Location of Site and Service
The WebSite is controlled and offered by
SwitchPOD from its facilities in the United States of America. SwitchPOD makes
no representations that the SwitchPOD WebSite is appropriate or available for
use in other locations. Those who access or use the SwitchPOD WebSite from other
jurisdictions do so at their own volition and are responsible for compliance
with local law.
Term and Termination
Term
This Agreement shall become effective upon your
acceptance of the Terms by your use of the Service and shall remain in effect in
perpetuity unless terminated hereunder.
Assignment
These Terms of Service, and any rights and licenses
granted hereunder, may not be transferred or assigned by you, but may be
assigned by SwitchPOD without restriction.
Termination
Either you or SWITCHPOD may terminate your account at
any time, for any reason or no reason, without explanation. You agree that
SWITCHPOD may, under certain circumstances and without prior notice, immediately
terminate your account, any associated email address, and access to the Service.
Cause for such termination shall include, but not be limited to: (a) breaches or
violations of this Agreement or other incorporated agreements or guidelines, (b)
requests by law enforcement or other government agencies, (c) a request by you
(self-initiated account deletions), (d) discontinuance or material modification
to the Service (or any part thereof), (e) unexpected technical or security
issues or problems, (f) extended periods of inactivity, (g) you have engaged in
fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you
in connection with the Services. Termination of your account includes (a)
removal of access to all offerings within the Service, including but not limited
to Audio Hosting, Video Hosting, or other Hosting, (b) deletion of your
password and all related information, files and content associated with or
inside your account (or any part thereof), and (c) barring further use of the
Service. You also agree that any violation by you of these Terms of Use will
constitute an unlawful and unfair business practice, and will cause irreparable
harm to SwitchPOD , for which monetary damages would be inadequate, and you
consent to SwitchPOD obtaining any injunctive or equitable relief that SwitchPOD
deems necessary or appropriate in such circumstances. These remedies are in
addition to any other remedies SwitchPOD may have at law or in
equity.
If SwitchPOD does take any legal action against you
as a result of your violation of these Terms of Use, SwitchPOD will be entitled
to recover from you, and you agree to pay, all reasonable attorneys’ fees and
costs of such action, in addition to any other relief granted to SwitchPOD ,
regardless of the action’s outcome. You agree that SwitchPOD will not be liable
to you or to any third party for termination of your access to the Site,
Service, or any Content as a result of any violation of these Terms of
Use.
All terminations shall be made in SwitchPOD’s sole
discretion and that SWITCHPOD shall not be liable to you or any third-party for
any termination of your account, any associated email address, or access to the
Service.
SwitchPOD may disclose any information we have about
you (including your identity) if we determine that such disclosure is necessary
in connection with any investigation or complaint regarding your use of the
Site, or to identify, contact or bring legal action against someone who may be
causing injury to or interference with (either intentionally or unintentionally)
SwitchPOD’s rights or property, or the rights or property of visitors to or
users of the Site, including SwitchPOD’s customers. SwitchPOD reserves the right
at all times to disclose any information that SwitchPOD deems necessary to
comply with any applicable law, regulation, legal process or governmental
request. SwitchPOD also may disclose your information when SwitchPOD determines
that applicable law requires or permits such disclosure, including exchanging
information with other companies and organizations for fraud protection
purposes.
You acknowledge and agree that SwitchPOD may preserve
any transmittal or communication by you with SwitchPOD through the Site, and may
also disclose such data if required to do so by law or if SwitchPOD determines
that such preservation or disclosure is reasonably necessary to (1) comply with
legal process; (2) enforce these Terms of Use; (3) respond to claims that any
such data violates the rights of others; or (4) protect the rights, property or
personal safety of SwitchPOD , its employees, users of or visitors to the Site,
and the public.
Cancellation Rights
You may cancel the Hosting agreement by deleting your
Content from your account at any time but the rest of these Terms are not
cancelled. Upon your emailed request to support@SwitchPOD.com
being received by us, we will make reasonable attempt to delete your Content
from our system within up to thirty (30) days after receipt of your request. You
are free to cancel your Hosting at any time. We are obviously not responsible
for any copies of your Content that may have been downloaded from our Site
before we removed your material. With respect to Your Content, SwitchPOD’s
license to display, sublicense, and syndicate Your Content also survives
deletion of your accounts.
Breach
In the event your access to the Service is suspended
due to the breach of this Agreement, you agree that all fees then paid to
SWITCHPOD by you shall be nonrefundable. In the event of termination by
SWITCHPOD , your account will be disabled and you may not be granted access to
your account or any files or other content contained in your account although
residual copies of information may remain in our system.
Binding agreement
This Agreement shall inure to the benefit of and be
binding upon the parties and their respective successors and permitted
assigns.
Choice of law and forum.
These Terms and the relationship between you and
SWITCHPOD shall be governed by (and construed and interpreted in accordance
with) the laws of Pennsylvania, without regard to its conflict of law provisions
or your actual state or country of residence. You hereby irrevocably submit to
the personal and exclusive jurisdiction and venue of the federal and state
courts serving the City of Pittsburgh, other than for actions to enforce any
order or judgment entered by such courts, in the event of any dispute arising
out of or relating to this Agreement.
You agree that all matters relating to your access to
or use of the Site or any of its Content, including all disputes, will be
governed by the laws of the United States and by the laws of the State of
Pennsylvania without regard to its conflicts of laws provisions. You agree to
the personal jurisdiction by and venue in the state and federal courts in the
Western District of Pennsylvania, and waive any objection to such jurisdiction
or venue. Any claim under these Terms of Use must be brought within one (1) year
after the cause of action arises, or such claim or cause of action is barred. No
recovery may be sought or received for damages other than out-of-pocket
expenses, except that the prevailing party will be entitled to costs and
attorneys’ fees. In the event of any controversy or dispute between SwitchPOD
and you arising out of or in connection with your use of the Site of any of its
Content, the parties shall attempt, promptly and in good faith, to resolve any
such dispute. If we are unable to resolve any such dispute within a reasonable
time (not to exceed thirty (30) days), then either party may submit such
controversy or dispute to mediation. If the dispute cannot be resolved through
mediation, then the parties shall be free to pursue any right or remedy
available to them under applicable law.
These Terms of Service, together with the Privacy
Notice at http://www.switchpod.com/privacy.php and any other
legal notices published by SwitchPOD on the WebSite, shall constitute the entire
agreement between you and SwitchPOD concerning the SwitchPOD WebSite. If any
provision of these Terms of Service is deemed invalid by a court of competent
jurisdiction, the invalidity of such provision shall not affect the validity of
the remaining provisions of these Terms of Service, which shall remain in full
force and effect. No waiver of any term of this these Terms of Service shall be
deemed a further or continuing waiver of such term or any other term, and
SwitchPOD's failure to assert any right or provision under these Terms of
Service shall not constitute a waiver of such right or provision. SwitchPOD
reserves the right to amend these Terms of Service at any time and without
notice, and it is your responsibility to review these Terms of Service for any
changes. Your use of the SwitchPOD WebSite following any amendment of
these Terms of Service will signify your assent to and acceptance of its revised
terms. YOU AND SWITCHPOD AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR
RELATED TO THE SWITCHPOD WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER
THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY
BARRED.
Mentioned elsewhere in this
document
Survival
Unless otherwise explicitly stated, these Terms will
survive the expiration or deletion your account for any reason. SWITCHPOD may
assign any or all of its rights hereunder in the event of a merger or
acquisition of all or substantially all of the assets to which this Agreement
relates.
No Partnership, joint venture, or agency
relationship
The parties bear the relationship to each other of
independent contractors, and nothing in this Agreement shall be deemed to create
a partnership, joint venture, or agency relationship between them, nor shall
either party have the power or authority by virtue of this Agreement to bind the
other. You further agree and acknowledge that SWITCHPOD and our affiliates are
not a signatory to any collective bargaining agreement and are not obligated to
make any payments under any such agreement.
Entire Agreement
This Agreement, accepted upon your use of the Site
and Service contains the entire agreement between you and SWITCHPOD regarding
the use of this Service, and it supersedes all prior and contemporaneous
agreements, promises, representations, warranties, and understandings of the
parties regarding the same subject matter. You also may be subject to additional
terms and conditions that may apply when you use or purchase certain other
SWITCHPOD services, affiliate services, third-party content, or third-party
software.
Non-Disclosure Agreement
Prior to sending SwitchPOD or any of it’s employees
any unsolicited ideas, including new ideas regarding advertising, promotion, new
products, improved products, new product enhancements, processes or
concepts, plans, business or operational plans, or any ideas whatsoever,
you should enter into a Non-Disclosure Agreement with SwitchPOD . Please refrain
from forwarding unsolicited new business ideas in general or specific until such
agreement is in place and signed. The SwitchPOD staff and affiliates will
attempt to avoid all such communications with the sole specific intent to avoid
any potential misunderstandings or disputes should any SwitchPOD product,
Service or Content appear similar to your submission in any way.
Should you ignore our request to refrain from sending
us any such idea submissions, and you do send them, then regardless of the
content of your letter or communication and no matter what your letter says,
your ideas will automatically become the property of SwitchPOD, without
compensation to you; and SwitchPOD can and may use the ideas for any purpose and
in any way, even give them to others.
Third Party Rights
Nothing in this agreement shall confer any rights or
benefits to third parties.
Privacy Policy Conflict
In the event of an inconsistency between these Terms
and the Privacy Policy, these Terms shall control. (The Privacy Policy is
available at http://www.switchpod.com/privacy.php)
Counsel
Although we have attempted to outline above the terms
on which you may use the Service in straightforward English, please be aware
that these terms, if accepted by you, create a binding legal agreement between
you and SWITCHPOD. We strongly urge that before accepting these terms you print
out a copy and review it with your attorney, manager and other representatives
and if you have no such representatives that you seek other independent
qualified guidance.
The information contained in this web Site is subject
to change without notice.
