|Premium Membership Terms and Conditions|
(Last Modified & Effective January 1, 2016)
1. INTRODUCTION AND ACCEPTANCE
2. USER REGISTRATION
(A) In order to access or use some features of the Services, you may have to become a registered user. If you are under the age of thirteen, then you are not permitted to register as a user or otherwise submit personal information.
(B) If you become a registered user, you will provide true, accurate and complete registration information and, if such information changes, you will promptly update the relevant registration information. During registration, you will create a user name and password (a "Membership"), which may permit you access to certain areas of the Services not available to non-registered users. You are responsible for safeguarding and maintaining the confidentiality of your Membership. You are solely responsible for the activity that occurs under your Membership, whether or not you have authorized the activity. You agree to notify customer service immediately at 800-511-6480 or through the Contact Customer Service page of any breach of security or unauthorized use of your Membership.
3. PREMIUM MEMBERSHIP; AUTOMATIC-RENEWAL TERMS
(A) YOU MAY ELECT TO BECOME A PREMIUM MEMBER OF PODCASTONE ("PREMIUM MEMBER") BY PURCHASING A MEMBERSHIP TO PODCASTONE.COM ("PREMIUM MEMBERSHIP"). YOU HEREBY AGREE THAT PODCASTONE MAY IMMEDIATELY AUTHORIZE YOUR CREDIT CARD (OR OTHER APPROVED FACILITY) IN THE AMOUNT EQUAL TO THE THEN CURRENT MEMBERSHIP RATE ("PREMIUM MEMBERSHIP FEE") FOR EACH PERIOD OF PREMIUM MEMBERSHIP (THE "PREMIUM MEMBERSHIP PERIOD"). PREMIUM MEMBERSHIP FEES ARE EARNED IN FULL UPON RECEIPT AND ARE NON-REFUNDABLE IN THE EVENT OF A TERMINATION REQUEST BY YOU DURING THAT PREMIUM MEMBERSHIP PERIOD. YOU MAY CANCEL YOUR MEMBERSHIP AT ANY TIME. TO CANCEL, GO TO MY ACCOUNT AND CLICK THE "CANCEL PREMIUM MEMBERSHIP" LINK, OR CONTACT CUSTOMER SERVICE BY PHONE AT 800-511-6480 OR THROUGH THE CONTACT CUSTOMER SERVICE PAGE.
(B) BY PURCHASING A PREMIUM MEMBERSHIP, YOU ALSO AUTHORIZE PODCASTONE TO CHARGE THE THEN PREVAILING PREMIUM MEMBERSHIP FEE AMOUNT TO YOUR CREDIT CARD (OR OTHER APPROVED FACILITY) AGAIN DURING EACH SUBSEQUENT PREMIUM MEMBERSHIP PERIOD. IF YOU DECIDE TO TERMINATE YOUR PREMIUM MEMBERSHIP YOU MUST DO SO BY NOTIFYING CUSTOMER SERVICE AT LEAST ONE DAY PRIOR TO THE END OF THE THEN CURRENT PREMIUM MEMBERSHIP PERIOD. IF YOU DO NOT CANCEL YOUR PREMIUM MEMBERSHIP AT LEAST ONE DAY PRIOR TO THE END OF THE THEN CURRENT PREMIUM MEMBERSHIP PERIOD, YOUR PREMIUM MEMBERSHIP SHALL CONTINUE UNTIL THE END OF THE NEXT PREMIUM MEMBERSHIP PERIOD FOLLOWING THE RECEIPT OF THE NOTICE OF TERMINATION. YOU WILL BE CHARGED THE PREMIUM MEMBERSHIP FEE FOR THIS FINAL PREMIUM MEMBERSHIP PERIOD AT THE THEN CURRENT PREMIUM MEMBERSHIP FEE. IF YOU HAVE A QUESTION ABOUT A TRANSACTION ON YOUR CREDIT CARD STATEMENT, PLEASE CONTACT CUSTOMER SERVICE BY PHONE AT 800-511-6480 OR THROUGH THE CONTACT CUSTOMER SERVICE PAGE.
(C) As a Premium Member of PodcastOne, you agree that your Premium Membership will be used exclusively by you, and may not be assigned or transferred to any other person or entity, nor may you provide any other person or entity access to your subscription, either directly or indirectly. You must keep your password strictly confidential. You agree to be personally liable for all charges you incur during or through the use of the Site. Your liability for such charges shall continue after termination of your Premium Membership.
(A) YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND SERVICE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, AND THEIR RELATED COMPANIES DISCLAIM ANY AND ALL WARRANTIES INCLUDING ANY: (I) WARRANTIES THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; (II) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF THE SERVICES OR SERVICE CONTENT; (III) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE; (IV) WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON OUR SERVICES OR ACCESSED THROUGH THE SERVICES; (V) WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES; (VI) WARRANTIES THAT YOUR USE OF THE SERVICES WILL BE SECURE OR UNINTERRUPTED; AND (VII) WARRANTIES THAT ERRORS IN THE SERVICES WILL BE CORRECTED.
6. LIMITATION ON LIABILITY
(C) In some jurisdictions limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you. These limitations shall apply to the fullest extent permitted by law.
8. CHOICE OF LAW; JURISDICTION AND VENUE
9. DISPUTE RESOLUTION
(A) Each party agrees to first contact the other with any disputes and provide a written description of the problem, all relevant documents/information and the proposed resolution. You agree to contact us with disputes by sending notice to:
c/o Courtside, LLC
335 North Maple Drive, Ste. 127
Beverly Hills, California 90210
Attn: General Counsel
(B) If after 30 days the parties are unable to resolve any dispute raised under the previous provision, the dispute may be submitted to binding arbitration consistent with this Section. The parties understand that they would have had a right or opportunity to litigate disputes through a court and to have a judge or jury decide their case, but they choose to have any disputes resolved exclusively through binding arbitration.
(C) Each party agrees that any claim or dispute between such parties, and any claim by either party against any agent, employee, successor, or assign of the other, including, to the full extent permitted by applicable law, third parties who are not signatories to this agreement, whether related to this agreement or otherwise, including past, present, and future claims and disputes, and including any dispute as to the validity or applicability of this arbitration clause, shall be resolved by binding arbitration administered by the JAMS under its rules and procedures in effect when the claim is filed. The rules and procedures and other information, including information on fees, may be obtained from JAMS' website (www.jamsadr.com) or by calling JAMS at 213-620-1133.
(D) Each party is entering into this arbitration agreement in connection with a transaction involving interstate commerce. Accordingly, this arbitration agreement and any resulting proceedings shall be governed by the Federal Arbitration Act ("FAA"), 9 U.S.C. §§ 1-16. Any award by the arbitrator(s) may be entered as a judgment in any court having jurisdiction.
(E) Exception to Arbitrate. Either party may bring qualifying claims in small claims court. Further, pursuant to the "NO CLASS ACTIONS" section below, each party agrees that any arbitration will be solely between you and Company, not as part of a classwide claim (i.e., not brought on behalf of or together with another individual's claim). If for any reason any court or arbitrator holds that this NO CLASS ACTION restriction is unconscionable or unenforceable, then our agreement to arbitrate does not apply and the classwide dispute must be brought in court.
10. NO CLASS ACTIONS
TO THE EXTENT ALLOWED BY LAW, COMPANY AND YOU EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
11. NO TRIAL BY JURY
TO THE EXTENT ALLOWED BY LAW, EACH PARTY WAIVES ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
12. AMENDMENT; ADDITIONAL TERMS
(A) No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.