Terms & Conditions
PODCAST TERMS OF USE
1. Introduction
This Terms of Use Agreement is entered into by and between the owner, creators, hosts, editors, and producers of The Complex & The Curious Podcast and the User, Consumer, Listener, or Reader of the Podcast or any associated information, content, or material. Consumption of, access to, use of the Podcast is provided subject to the terms and conditions set forth herein. By accessing, consuming, or using the Podcast, you hereby agree to these terms and conditions.
This Agreement contains warranty disclaimers and other provisions that limit the Owner's liability to you. Please read these terms and conditions carefully and in their entirety, as using, accessing and/or consuming the Podcast constitutes acceptance of these terms and conditions. Use and/or consumption of the Podcast constitutes acknowledgment and agreement that you have read, understood, and accepted each term and condition set forth in this Agreement and are bound by such.
2. Professional Advice Disclaimer
The Owner provides the Podcast and Content contained therein for entertainment and informational purposes only. The Owner does not provide any medical, mental health, financial, legal, or any other professional advice on the Podcast, and the Content should not be so construed or used. Using, accessing and/or consuming the Podcast and/or providing personal or medical information to the Owner does not create a professional or privileged relationship between you and the Owner. Nothing contained in the Podcast is intended to replace the services of a licensed, trained health professional or to be a substitute for professional advice. You hereby agree that you shall not make any health, financial, investment, legal and/or other decision based in whole or in part on anything contained in the Podcast.
3. Content Disclaimer
The opinions expressed by guests of the Podcast are not necessarily the opinions of the Owner. Any opinions of the Owner on the Podcast are or have been rendered based on specific facts, under certain conditions, and subject to certain assumptions, and may not and should not be used or relied upon for any other purpose, including, but not limited to, for use in or in connection with any legal proceeding.
The Content may be changed without notice and is not guaranteed to be complete, correct, timely, current or up-to-date. Similar to any printed or broadcast materials, the Content may become out-of-date. The Owner undertakes no obligation to update any Content on the Podcast; provided, however, that the Owner may update the Content at any time without notice in the Owner's sole and absolute discretion. The Owner reserves the right to make alterations or deletions to the Content at any time without notice.
4. Third Party Content and Advertisements Disclaimer
The Podcast and Content may contain content created or assembled by third parties. This content is the sole responsibility of the entity that makes it available. The Owner may review content to determine whether it is illegal or violates the Agreement’s policies, and may remove or refuse to display content, but that does not mean that the Owner unfailingly reviews content in such a way.
The Podcast and Content may contain or feature links to third party web sites. These links are provided solely as a convenience to you and not necessarily as a guarantee, warranty, or recommendation by the Owner of the services, information, content and/or data on such third party web sites or as an indication of any affiliation, sponsorship or endorsement of such third party web sites. The Owner is not responsible for the content of linked third party web sites and do not make any representations or warranties regarding the privacy practices of, or the content or accuracy of materials on, such third party websites. If you decide to access linked third-party web sites, you do so at your own risk. Your use of third-party websites is subject to the terms of use for such sites.
Further, the inclusion of third party advertisements does not constitute an endorsement, guarantee, warranty, or recommendation of, and the Owner makes no representations and/or warranties about, any product or service contained therein.
5. Disclaimer of Warranties
The Content made available at the Podcast is provided on an ‘AS IS’ and ‘AS AVAILABLE’ basis without warranties of any kind, either express or implied, including, without limitation, warranties of title, non infringement, and implied warranties of merchantability or fitness for a particular purpose. Without limiting the generality of the foregoing, the Owner makes no warranty, representation or guaranty as to the content, sequence, accuracy, timeliness or completeness of the Content, that the Content may be relied upon for any reason or that the Content will be uninterrupted or error free or that any defects can or will be corrected.
Without limiting the generality of the foregoing, the Owner makes no representations or warranties with respect to any Content offered or provided within or through the Podcast regarding treatment of medical conditions, action, or application of medication.
Under no circumstances, as a result of your use of the Podcast or Content, will the Owner be liable to you or to any other person for any direct, indirect, special, incidental, exemplary, consequential or other damages under any legal theory, including, without limitation, tort, contract, strict liability or otherwise, even if advised of the possibility of such damages.
6. Intellectual Property Rights
The Podcast is protected by the copyright laws of the United States of America. The Owner hereby reserve any and all intellectual property rights in the Podcast.
All material on or in the Podcast or Content, including but not limited to text, images, illustrations, code, and audio clips/live audio is protected by copyrights which are owned and controlled by the Owner. Material may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, unless the Owner give you the written permission to do so.
If you believe that material located on or linked to the Podcast violates your copyright, you are encouraged to notify the Owner in accordance with Digital Millennium Copyright Act ("DMCA") Policy.
7. Invalidity
If any provision of this Agreement is held to be invalid or unenforceable in whole or in part in any jurisdiction, then that provision shall be deemed ineffective in such jurisdiction but shall have no effect on the enforceability of the remaining provisions.
8. Indemnity and Liability
If you by any means post a comment, review, or any other type of content on any platform or website associated with the Podcast or Content, you are entirely responsible for the content of, and any harm resulting from, that Content and agree to indemnify the Owner from any liability flowing therefrom. You agree to indemnify and hold harmless the Owner from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Podcast or Content, including but not limited to your violation of this Agreement.
9. Jurisdiction and Governing Law
This Agreement and your use of the Podcast and Content shall be governed by and construed in accordance with the laws of the United States of America and the State of Ohio without regard to conflict of laws principles, and you agree to submit to the jurisdiction of courts in the State of Ohio.
You further agree that any claims or causes of action arising out of or related to this Agreement and the Podcast and Content shall be filed within one (1) year after such claim or cause of action arose, or such claim or cause of action shall be forever barred.
10. Entire Agreement
You hereby acknowledge that this Agreement represents the entire understanding between you and the Owner concerning your use of the Podcast and the Content.
11. Modification
The Owner may, in the Owner's sole and absolute discretion, modify the terms and conditions of this Agreement in whole or in party at any time for any reason without any notice to you, whether prior or otherwise. Such modified terms and conditions shall supersede these terms and conditions and shall become binding when published in the Podcast or Content.
12. Waiver
The Owner's failure to exercise or enforce any right or provision of this Agreement shall not be deemed to be a waiver of such right or provision.