Terms and Conditions

Welcome to Volubility Podcasting (volubilitypodcasting.com) (the “Site”). The Site is governed by the following Terms and Conditions. The parties to these Terms and Conditions are you, and the owner of Volubility Podcasting, Volubility Podcasting, LLC (“Volubility Podcasting”). All references to “we”, “us”, “our”, this “website” or this “site” shall be construed to mean this website business and Volubility Podcasting.  

Please read these Terms and Conditions carefully and in full, including our Privacy Policy; they constitute the Agreement between you and Volubility Podcasting. If you do not agree to any of the provisions set out in these documents, you should not use the Site. By accessing or using the Site, you agree to be bound by these Terms and Conditions and to use the Site in accordance with these Terms and Conditions, our Privacy Policy, and any additional terms and conditions that may apply to specific sections of the Site.

We reserve the right to modify or change these Terms and Conditions from time to time. Any modifications, changes and/or additions to the Terms and Conditions will be posted on the Site, and we will notify you by email of these changes. Changes will not occur retroactively, and you will have fifteen (15) days after notification to opt out by alerting us in writing to the email address listed in the Notices section of these Terms and Conditions or by terminating your account. By continuing to use the Site after such notice period, you accept and agree to the Terms of Service as modified.

 

User Accounts

This Site is intended only for users aged 18 or older. Individuals under the age of 18 are strictly prohibited from creating an account on the Site. By creating an account, you warrant that you are at least 18 years of age.

To access certain portions of the Site and to use the Site, we may ask you to create a personal account (including a user ID and password) and to provide certain information, such as your name, email address, phone number, and billing information. You agree to provide true, accurate, current, and complete information about yourself as prompted by the Site's registration form. You are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or transfer your account to any other person or entity. You agree to notify us immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by us or any other user or visitor to the Site due to a third party use of your account.

We may suspend or terminate your account at any time, in our sole discretion and without prior notice for reasons including but not limited to failure to pay for service, violation of these Terms and Conditions, compliance with law enforcement requests, copyright infringement, or issues pertaining to violation of third party distribution terms and conditions.

 

Pricing and Payment

Volubility Podcasting provides services (the “Services”) as detailed on our Services page (https://volubilitypodcasting.com/services/). Pricing for the Services are also outlined on that page. All Services begin with our 3-6-12 No Commitment Introductory Plan, which includes 3 episodes (podcasts) created within 6 months and includes 12-months hosting. You will be billed at the time of your first podcast, or in the event you cancel a scheduled appointment within less than 24 hours, you will be billed at the time of your scheduled appointment. You will also be billed for any Other Services, such as Additional Interviews, Voice Coaching, Proofreading, Voiceover Open and Close, Voiceover Delivery of Entire Podcast, Logo Design, Additional 10 minutes of runtime, Development, Show Notes, Podcast Revisions, etc. For a list of Other Services, please refer to our Services page at the link given above.

If, after you complete the 3-6-12 No Commitment Introductory Plan, you wish to cancel, we will keep your podcasts available and online for the 12-months beginning from the date of your first podcast posting online, after which, we will either transfer your RSS feed to a personal account that you maintain or terminate the hosting and delete your podcasts.

If, after you complete the 3-6-12 No Commitment Introductory Plan, you wish to continue creating podcasts, you will be given the option to choose from several monthly subscription options. You will be billed monthly based on the package you choose and any Other Services rendered. You will be billed for the package regardless of actual use – whether you produce a podcast or not. Upon completion of the annual commitment, you may alter the number of episodes you produce for the following year, and we will adjust your monthly rate accordingly.  If you terminate before the completion of a subscription plan, you will be charged the difference between the per-episode rate of the month-to-month plan and the per-episode rate for your chosen plan for any episodes already completed.

You are responsible for providing us with current accurate contact and payment information for billing purposes and for keeping it up to date at all times. We are not responsible for any service interruptions that may result from your contact or payment information being out of date, in error, or otherwise invalid. Additionally, you agree to pay for all charges for Services accrued due to invalid or out-of-date-payment information. If you fail to make a payment or if we are unable to collect payment on the due date, your account will be considered “delinquent”. We may suspend and lock access to your account until payment for all outstanding balances are received. Additional late fees may be incurred. We reserve the right to terminate your account and to delete your Content from the Site at our sole discretion if your account becomes and/or remains “delinquent”.
 

Content

There are two categories of Site Content: Content that belongs exclusively to Volubility Podcasting (“Our Content”), and Content that belongs exclusively to you (“Your Content”). Our Content includes 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.  Our Content is owned, controlled or licensed by or to us, 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 Websites and other audio and/or visual information incorporated in, transmitted through or published or displayed incident to or via your episodes/podcasts, and does not include Our Content. All of Your Content is owned exclusively by you. You shall be solely responsible for Your Content and all obligations and consequences of uploading or publishing Your Content. You represent and warrant that you own and/or have the rights to Your Content and all related Brand materials and Marks and that you own or have license to all rights necessary to grant to us the rights to make use of Your Content as set forth herein. You further agree and warrant that Your Content does not contain any material that is abusive, libelous, defamatory, pornographic or obscene, that promotes or incites violence, terrorist, or illegal acts. Volubility Podcasting does not warrant or endorse and does not assume and will not have any liability or responsibility for Your Content. You warrant and agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party and that we are in no way responsible for any such use by you. Through use of the Site and Services, you are indemnifying us against all claims and liability related to Your Content. If, in our sole discretion, we feel that any of Your Content violates any of the above and/or the rights of any third party, we reserve the right to stop providing any Services to you. In such event, you will be charged and agree to pay any and all outstanding amounts due immediately, including for any unused portion of your plan or subscription.

Unless otherwise agreed to, you hereby grant to us a non-exclusive, royalty-free, worldwide right and license for so long as you use the Site to do the following to the extent necessary in the performance of Services under this Agreement: digitize, convert, install, upload, select, order, arrange, compile, combine, synchronize, use, reproduce, store, process, retrieve, transmit, distribute, publish, publicly display, publicly perform and hyperlink Your Content, and to make archival or back-up copies of Your Content. Except for the rights expressly granted above, we are not acquiring any right, title or interest in or to Your Content, all of which shall remain solely with you.

You further agree to allow Volubility Podcasting to add and include a three- to five-second mnemonic for our Site and Services at the end of each of your podcast episodes. You may not strip or remove this even if you discontinue your subscription with Volubility Podcasting and are no longer hosting your Content on our Site.

 

Onward Transfer of Personal Information Outside Your Country of Residence

Any personal information which we may collect in the Service or on this website may be stored and processed in our servers located in the United States or in any other country in which we, or our affiliates, subsidiaries, or agents maintain facilities.  You consent to any such transfer of personal information outside your country of residence to any such location.

 

DMCA Notice

This site is an Internet “service provider” under the United States Digital Millennium Copyright Act, 17 U.S.C. Section 512 (“DMCA”).  As required by the DMCA, this site maintains specific contact information provided below, including an e-mail address, for notifications of claimed infringement regarding materials posted to this site.  All notices should be addressed to the contact person specified below (our agent for notice of claimed infringement):

Copyright Agent
James Bailey
Bailey & Ehrenberg PLLC
Address: 1015 18th Street NW, Suite 204, Washington, DC 20036
Email Address: jcb@becounsel.com
Telephone: (202) 331-1331

You may contact our agent for notice of claimed infringement specified above with complaints regarding allegedly infringing posted material and we will investigate those complaints.  If we believe in good faith that the posted material violates any applicable law, we will remove or disable access to any such material, and we will notify the posting party that the material has been blocked or removed.

In notifying us of alleged copyright infringement, the DMCA requires that you include the following information: (i) description of the copyrighted work that is the subject of claimed infringement, (ii) description of the infringing material and information sufficient to permit us to locate the alleged material, (iii) contact information for you, including your address, telephone number and/or e-mail address, (iv) a statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law, (v) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed and (vi) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf. Failure to include all of the above-listed information may result in the delay of the processing of your complaint.

 

Disclaimers

The Site, Services and Our Content are delivered on an “as-is” and “as-available” basis. We do not promise or warrant that the Site or any of Our Content, Services or features 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. All information provided on the Site is subject to change without notice; we 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 or bugs. Volubility Podcasting disclaims all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability and fitness for a particular purpose. We expressly disclaim any and all liability for the acts, omissions and conduct of any third parties in connection with or related to the use of the Site. You assume total responsibility for your use of the Site, Your Content and any linked sites. Your sole remedy against Volubility Podcasting 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 agreement between the parties.

We reserve 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 Services, for any reason;
  2. to modify or change the Site, or any portion of the Site, including but not limited to, the Services, 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 Services, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

 

Limitation of Liability

Except where prohibited by law, in no event will Volubility Podcasting be liable to you for any indirect, consequential, exemplary, incidental, statutory or punitive damages, including lost profits, even if we have been advised of the possibility of such damages.

If, notwithstanding the other provisions of these Terms and Conditions, Volubility Podcasting is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, our liability shall in no event exceed the lesser of (1) the total of any subscription or similar fees with respect to the Services or feature of or on the Site paid in the six months prior to the date of the initial claim made against us; or (2) US$100.00.

 

Indemnity

You agree to indemnify and hold harmless Volubility Podcasting, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates from any demands, loss, liability, claims or expenses (including attorneys' fees), made against Volubility Podcasting 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 further agree to indemnify, defend and hold harmless Volubility Podcasting, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates against any and all claims, obligations, damages, losses, expenses, and costs including reasonable attorneys' fees, resulting from:

  1. any violation by you of these Terms and Conditions;
  2. any third party claim of infringement of copyright or other intellectual property rights or invasion of privacy arising from the hosting of Your Content on the Site, and/or your making available thereof to other users of the Site, and/or the actual use of Your Content by other users of the Site in accordance with these Terms and Conditions and the parameters set by you with respect to the distribution and sharing of Your Content;
  3. any activity related to your account, be it by you or by any other person accessing your account with or without your consent unless such activity was caused by the act or default of Volubility Podcasting.

 

Governing Law

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 solely by the laws of the United States and by the laws of the District of Columbia without regard to its conflicts of laws provisions.  You hereby irrevocably consent to the jurisdiction of the courts of the District of Columbia for all purposes in connection with any action or proceeding which arises out of or relates to this Agreement and agree that any action instituted under this Agreement shall be brought only in the courts of the District of Columbia without regard to its conflicts of laws provisions.  Any claim under these Terms and Conditions must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred.

 

Assignment

You may not assign this Agreement or the rights and obligations hereunder, in whole or in part, to any third party without the prior written consent of Volubility Podcasting.

 

Severability

Should one or more provisions of these Terms and Conditions be found to be unlawful, void or unenforceable, such provision(s) shall be deemed severable and will not affect the validity and/or enforceability of the remaining provisions of the Terms and Conditions, which will remain in full force and effect.

 

Entire Agreement

These Terms and Conditions, together with the Privacy Policy, constitute the entire agreement between you and Volubility Podcasting with respect to your use of the Site and Services, and supersede any prior agreement between you and Volubility Podcasting. Any modifications to this Agreement must be made in writing.

 

Notices

Any notice to Volubility Podcasting that is required or permitted by these Terms and Conditions shall be in writing and shall be deemed effective upon receipt, when delivered by email to info@volubilitypodcasting.com or delivered in person by nationally recognized overnight courier or mailed by first class, registered or certified mail, postage prepaid, to Volubility Podcasting, LLC, 1875 Eye Street NW, Fifth Floor, Washington, DC 20006, Attn: Legal.

 

Last Amended: August 29, 2017

For questions about Terms and Conditions, please contact: info@volubilitypodcasting.com