Terms

Last Updated: August 14, 2018

Introduction

These terms and conditions (these “Terms”) between you and Hot Pod Media, LLC, a New York State limited liability company, govern your use of HotPodMedia.com (“Website”) and the Hot Pod email newsletter (“Newsletter” and, together with the Website, the “Service”).  By using the Website and/or Newsletter, you accept these Terms in full as legally binding on you. If you disagree with these Terms or any part of these Terms, you may not use the Website or Newsletter.

We reserve the right to investigate complaints or reported violations of these Terms and to take any action we deem appropriate, including, without limitation, suspending, limiting and terminating your access to the Service.

Please pay special attention to the Choice of Law and Dispute Resolution section below, which requires that any disputes regarding the Service will be adjudicated in a private arbitration.  By agreeing to these Terms, you are agreeing to resolve any dispute between us through arbitration, and you are waiving your right to present your case to a judge or jury. You are also waiving your right to participate in any class action or representative action against us.

Eligibility

You may use the Service only if you are legally able to form a binding contract with Hot Pod Media, LLC, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Service by anyone under 18 is strictly prohibited and in violation of these Terms. The Service is not available to any Users previously removed from the Service by Hot Pod Media, LLC.

License to use Newsletter and Website

Unless otherwise stated, Hot Pod Media, LLC owns the intellectual property rights in the Newsletter and Website and material in the Newsletter and Website. Subject to the license below, all these intellectual property rights are reserved.

As a user of the Service we grant you a nonexclusive, nontransferable, revocable, limited license to view, download for caching purposes only, and print pages from the Newsletter and Website for your own personal non-commercial use, subject to the restrictions set out below and otherwise only in accordance with these Terms.

You must not:

  • sell, rent or sub-license material from the Newsletter or Website;
  • reproduce, duplicate, copy, or otherwise exploit material on this Newsletter or Website for a commercial purpose;
  • republish material from the Website or Newsletter (including republication on another website or app) except for as provided as a function of the Service (such as sharing to Facebook);
  • show any material from the Newsletter or Website in public except as provided as a function of the Service (such as sharing to Facebook);
  • edit or otherwise modify any material in the Newsletter or Website; or redistribute material from the Newsletter or Website without permission from Hot Pod Media, LLC except as provided as a function of the Service (such as sharing to Facebook);
  • use a group inbox to subscribe to the Newsletter unless with explicit consent;
  • use the Newsletter or Website in any way that causes, or may cause, damage to the Newsletter or Website or impairment of the availability or accessibility of the Newsletter or Website;
  • Use the Service in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
  • conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Website or Newsletter; or
  • use the Newsletter or Website for any purposes related to marketing without Hot Pod Media, LLC’s express written consent..

Restricted access

Access to certain areas of the Website is restricted. Hot Pod Media, LLC reserves the right to restrict access to other areas of the Website, or indeed the entire Website, at Hot Pod Media, LLC’s discretion. In order to provide access to restricted areas and content, we need certain registration information from you, such as your name, email address, mailing address, and potentially other uniquely identifying information (collectively, “Registration Data”). You agree that the Registration Data will be true, accurate, complete, and current at all times.  Registration Data and certain other information about you are subject to our Privacy Policy.

If Hot Pod Media, LLC provides you with a user ID and password to enable you to access the Newsletter or restricted areas of this Website or other content or services, you must ensure that the user ID and password are kept confidential.  You agree not to: (i) share your ID or password with any other person; (ii) knowingly use the name, identity or email of any other person to gain access to restricted areas or content without authorization; or (iii) use an email address or other designation that is profane, offensive or otherwise inappropriate.  You agree that you are fully and solely responsible for maintaining the confidentiality and security of, and for all uses of, your account, ID and password, and Registration Data and for all activities that occur under your account, even if such activities were not committed or authorized by you. You agree to promptly notify us of any breach of security by email to nick@hotpodmedia.com.

Hot Pod Media, LLC may disable your user ID and password in Hot Pod Media, LLC’s sole discretion without notice or explanation.

Privacy

Hot Pod Media, LLC takes your privacy seriously. What data we collect and how we use it are explained in greater detail in our privacy policy, which is binding as if provided in these Terms.

User Content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to the Website, for whatever purpose.

You are solely responsible for your user content.  Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Hot Pod Media, LLC or a third party (in each case under any applicable law).  You may not submit any content that is abusive, defamatory, libelous, pornographic, obscene, threatening, invasive of privacy or publicity rights, inclusive of hate speech, or that would constitute or encourage a criminal offense, violate the rights of any party, or give rise to liability.  You may not submit any content that contains legal, tax or healthcare advice. You are also prohibited from providing any “sensitive information,” (which includes, for example, personal information specifying medical or health conditions, racial or ethnic origin, or trade union membership) and, should we discover that you have done so, we will remove it promptly, and reserve the right to ban you from the Service.  You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

By uploading your user content to the Website, you represent and warrant to us that you have all of the necessary rights required to use such content as used in connection with the Service, and that the use of such content does not violate applicable law or the rights of any third party.

Hot Pod Media, LLC reserves the right to edit or remove any material submitted to the Website, or stored on Hot Pod Media, LLC’s servers, or hosted or published upon the Website.

Notwithstanding Hot Pod Media, LLC’s rights under these Terms in relation to user content, Hot Pod Media, LLC does not undertake to monitor the submission of such content to, or the publication of such content on, the Website.

You grant to us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, perform, edit, modify, reproduce, distribute, store, and prepare derivative works of your user content in all media.  Our rights include, without limitation, the right to use your user content to promote us and the Service. You agree that you will not assert against us any moral right or right of publicity in connection with our use of your user content. You agree that we may create ideas and content that may be, or may obtain content from other parties that may be, similar or identical to your user content. You agree that you have no recourse against us for any alleged or actual infringement or misappropriation of any proprietary or other right in or related to your user content.  To the extent your user content contains any personal information, you represent and warrant that you obtained such personal information lawfully and have the right to share it with us. You also agree that we have a legitimate interest in using that personal information.

We are not responsible for, and disclaim all liability for, all third party content and all communications that you receive from third parties via the Service, and any action that you may take or refrain from taking as a result of any such third party communication.

We take intellectual property rights very seriously.  If you believe that any content on the Service infringes upon your intellectual property rights, and would like us to remove this content, please follow the procedure outlined below.

Digital Millennium Copyright Act

Notification of Alleged Copyright Infringement. We have registered an agent with the United States Copyright Office in accordance with the terms of the Digital Millennium Copyright Act (the “Act”) and avail ourselves of the protections under the Act.  We reserve the right to remove any content that allegedly infringes another person’s copyright. We will terminate, in appropriate circumstances, users who are repeat infringers of another person’s copyright.  Notices regarding any alleged copyright infringement should be directed to us via email at: [DMCA EMAIL].

Filing a DMCA Notice to Remove Copyright-Protected Content

If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide us with a written notice containing the following information:

–    Your name, address, telephone number and email address (if any);

–    A description of the copyrighted work that you claim has been infringed;

–    A description of where on the Service the material that you claim is infringing may be found, sufficient for us to locate the material (e.g., a URL);

–    A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent or the law;

–    A statement by you UNDER PENALTY OF PERJURY that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and

–    Your electronic or physical signature.

Filing a DMCA Counter-Notice to Restore Content Removed from the Service

If you believe that your material has been removed by mistake or misidentification, please provide us with a written counter-notification containing the following information:

–    Your name, address, telephone number and email address (if any);

–    A description of the material that was removed and the location on the Service where it previously appeared;

–    A statement UNDER PENALTY OF PERJURY that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification;

–    A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, any judicial district in which we may be found (which includes the United States District Court for the Southern District of New York), and that you will accept service of process from the person who filed the original DMCA notice or an agent of that person; and

–    Your electronic or physical signature.

Advertisers

The Service may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Service is accurate and complies with applicable laws. We will not be responsible for the illegality of or any error or inaccuracy in advertisers’ or sponsors’ materials or for the acts or omissions of advertisers and sponsors.

Errors and Corrections

We do not represent or warrant that the Service will be error-free, free of viruses or other harmful components, or that defects will be corrected or that it will always be accessible. We do not warrant or represent that the content available on or through the Service will be correct, accurate, timely, or otherwise reliable. We may make improvements and changes to the features, functionality or content of the Service at any time.

No Warranties

NOTHING IN THE NEWSLETTER OR ON THE WEBSITE CONSTITUTES, OR IS MEANT TO CONSTITUTE, FINANCIAL ADVICE OF ANY KIND. IF YOU REQUIRE ADVICE IN RELATION TO ANY FINANCIAL MATTER YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL. YOU ARE AWARE OF AND AGREE THAT HOT POD MEDIA, LLC SHALL NOT BE RESPONSIBLE FOR ANY LOSS THAT YOU SUFFER AS A RESULT OF ANY FINANCIAL TRANSACTION, REGARDLESS OF WHETHER OR NOT YOU ENTER SUCH TRANSACTION BASED IN ANY WAY UPON ANYTHING YOU LEARN FROM THE WEBSITE OR NEWSLETTER. HOT POD MEDIA, LLC IS NOT YOUR FINANCIAL ADVISOR AND WHEN IT COMES TO MAKING FINANCIAL DECISIONS, YOU ARE ON YOUR OWN.

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, HOT POD MEDIA, LLC, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.

HOT POD MEDIA, LLC DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE HOT POD MEDIA, LLC SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND HOT POD MEDIA, LLC WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

Limitations of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HOT POD MEDIA, LLC, ITS MANAGERS, MEMBERS, AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM INFORMATION CONTAINED IN THE WEBSITE OR NEWSLETTER, THE GOODS OR USE OF, OR INABILITY TO USE, THE WEBSITE OR NEWSLETTER. UNDER NO CIRCUMSTANCES WILL HOT POD MEDIA, LLC BE RESPONSIBLE FOR ANY INVESTMENT OR FINANCIAL-RELATED DECISIONS YOU MAKE AS A RESULT OF ANY INFORMATION ON THE WEBSITE OR NEWSLETTER. FURTHERMORE, UNDER NO CIRCUMSTANCES WILL HOT POD MEDIA, LLC BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HOT POD MEDIA, LLC 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 OR USE OF OUR SERVICE OR ANY INFORMATION CONTAINED IN THE WEBSITE OR NEWSLETTER; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS OR ANY PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; (VII) VIOLATION OF ANY PERSON’S OR ENTITY’S INTELLECTUAL PROPERTY RIGHTS WITH RESPECT TO ANY CONTENT OR GOODS; OR (VIII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL HOT POD MEDIA, LLC, ITS MEMBERS, AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE GREATER OF (I) THE AMOUNT YOU PAID TO HOT POD MEDIA, LLC HEREUNDER AND (II) $100.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF HOT POD MEDIA, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

Reasonableness

By using the Newsletter and Website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you may not use the Website or Newsletter.

Other parties

You accept that, as a limited liability entity, Hot Pod Media, LLC has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Hot Pod Media, LLC’s members, managers, officers, or employees in respect of any losses you suffer in connection with the Newsletter or Website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Hot Pod Media, LLC’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Hot Pod Media, LLC.

Indemnity

You hereby agree to indemnify, defend and hold harmless Hot Pod Media, LLC and our present and future officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service and undertake to keep such parties indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by such parties to a third party in settlement of a claim or dispute on the advice of Hot Pod Media, LLC’s legal advisers) incurred or suffered by such parties arising out of any breach by you of any provision of these Terms, or arising out of any claim that you have breached any provision of these Terms.

Breaches of these terms and conditions

Without prejudice to Hot Pod Media, LLC’s other rights under these Terms, if you breach these Terms in any way, Hot Pod Media, LLC may take such action as Hot Pod Media, LLC deems appropriate, including suspending your access to the Newsletter and/or Website, prohibiting you from accessing the Newsletter and/or Website, blocking computers using your IP address from accessing the Newsletter and/or Website, contacting your internet service provider to request that they block your access to the Newsletter and/or Website and bringing court proceedings against you.

Revising these Terms

Hot Pod Media, LLC may revise these Terms and conditions from time-to-time. Revised terms and conditions will apply to the use of the Newsletter and Website from the date of the publication of the revised terms and conditions on this Newsletter and/or Website. Please check this page regularly to ensure you are familiar with the current version.

Third-Party Links

The Website and/or Newsletter may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Hot Pod Media, LLC. Hot Pod Media, LLC does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third party website from the Website and/or Newsletter, you do so at your own risk, and you understand that these Terms and Hot Pod Media, LLC’s Privacy Policy do not apply to your use of such sites. You expressly relieve Hot Pod Media, LLC from any and all liability arising from your use of any third-party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Hot Pod Media, LLC shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

Choice of Law and Dispute Resolution

These Terms are governed by and construed in accordance with the internal law of the State of New York without reference to its principles of conflicts of laws.

Any dispute or claim arising from or relating to these Terms will be settled by final and binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules (the “Rules”) then in effect, which Rules are incorporated into these Terms by reference.  Any arbitration will be before a single arbitrator in accordance with the Rules. Judgment on the arbitration award may be entered in any court of competent jurisdiction. Notwithstanding the foregoing, each party has the right to bring an action for injunctive or other equitable relief, pending a final decision by the arbitrator, in the courts located in New York County, New York.

Any arbitration will be held in New York, New York, or another location that is reasonably convenient to both parties, accounting for travel and other circumstances, as contemplated by the Rules.

YOU AGREE THAT, UNLESS PROHIBITED BY LAW, ANY PROCEEDINGS TO RESOLVE ANY DISPUTE ARISING HEREUNDER WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT YOU WILL NOT SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, CLASS ARBITRATION, REPRESENTATIVE ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU ACT OR PROPOSE TO ACT IN A REPRESENTATIVE CAPACITY. YOU FURTHER AGREE THAT, UNLESS PROHIBITED BY LAW, NO PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT OUR PRIOR WRITTEN CONSENT.  EACH PARTY IS WAIVING ITS RIGHT TO A TRIAL BY JURY.

Entire Agreement; Severability

These Terms supersede all other agreements between the parties concerning their subject matter. If any provision of these Terms is found to be unenforceable, that provision will be limited to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.  Our failure to enforce any part of these Terms is not a waiver of our right to later enforce that or any other part of the Terms. We may assign any of our rights and delegate any of our obligations under these Terms.

Contact

Hot Pod Media, LLC’s address is 5 Brewster Street #2012, Glen Cove, NY 11542. You can contact Hot Pod Media, LLC by email to nick@hotpodmedia.com.