TERMS OF USE
DEFINITION OF STORE SERVICE
Welcome to Podcast Audio Editing. This website located at www.podcastaudioediting.com (the “Site” or “PAE”) is provided as a service to our customers. The service permits you to purchase products and services under certain Terms Of Use as set forth in this Agreement.
Please review the following basic terms that govern your use of the podcastaudioediting.com website (the “Agreement”). Please note that your use of the Site constitutes your agreement to follow and be bound by these Terms of Use. If you visit or shop at podcastaudioediting.com, you accept these terms.
PRIVACY POLICY
You acknowledge that you have read our Privacy Policy, understand it and consent to the use of your personal data as described in it.
USE OF THIS SITE
This Site is available for individuals aged 18 years or older. If you are 13 or older but under the age of 18 you may use this Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. If you under the age of 13, please do not use this Site and do not submit any personal information through the Site.
If you are under the age of 18, you should review these terms of use with your parent or guardian to make sure that you and your parent or guardian understand these Terms of Use. If you do not agree to (or cannot comply with) any of these terms and conditions, do not use this Site.
PAE grants you a limited license to access and make personal use of this Site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of PAE. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of PAE without express written consent. You may not use any meta tags or any other “hidden text” utilizing PAE’s name or trademarks without the express written consent of PAE. Any unauthorized use terminates the permission or license granted by PAE.
CONTENT AND COPYRIGHT
All materials, including music, audio clips, downloads, images, text, graphics, illustrations, designs, logos, icons, user interfaces, photographs, programs, data, software, video clips and other materials that are part of this Site (collectively, “Content”), is the property of PAE and protected by United States and international copyright laws. The compilation of all Content on this Site including but not limited to the design, selection, arrangement, and coordination of such Content is the exclusive property of PAE and protected by U.S. and international copyright laws. All software used on this site is the property of PAE or its software suppliers and protected by United States and international copyright laws.
Except as expressly provided in this Terms of Use, no part of the Site and no Content may be copied, reproduced, recorded, retransmitted, sold, rented, broadcast, distributed, published, uploaded, posted, publicly displayed, altered to make new works, modified, performed, digitized, compiled, translated or transmitted in any way to any other computer, website or other medium or for any commercial purpose, without PAE’s prior express written consent. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trade secrets, trade dress, rights of publicity or trademarks with respect to any of the Content, and PAE reserves all rights not expressly granted hereunder. All Content is intended solely for personal, non-commercial use. PAE expressly disclaims all responsibility and liability for uses by you of any Content obtained on or in connection with the Site.
PURCHASE AND USE OF CONTENT
Products Requirements. You acknowledge that use of Products may require the use of other hardware and software products (e.g., the ability to make copies of Products on physical media and render performance of Products on authorized digital player devices), and that such hardware and software is your responsibility. Once a Product is purchased and you receive the Product, it is your responsibility not to lose, destroy, or damage the Product, and PAE shall be without liability to you in the event of any loss, destruction, or damage.
Use of Products. You acknowledge that whether or not Products are limited by security technology, you agree to use Products in compliance with the applicable Usage Rules.
Usage Rules:
(1) PAE sells services (“Services”) used to create an end product from material you provide to PAE (“Podcast”). You shall be authorized to use the Podcast for personal or commercial use.
(2) Your use of the Podcast is conditioned upon your prior acceptance of the Terms of Use of this Agreement. Your authorization to use Podcast shall be conditioned on payment being recieved in full for the Services rendered. Until payment is received in full, PAE retains its rights in the creation of the Podcast.
(3) PAE claims no intellectual property rights over the material you provide to PAE.
(4) You shall be entitled to download, export, copy, transmit, license and broadcast the Podcast for personal or commercial use.
(5) You agree that you will not attempt to, or encourage or assist any other person to, circumvent or modify any security technology or software that is part of the Site or used to administer the Usage Rules.
(6) PAE reserves the right to provide similar or identical services to companies that may be in competition with you. In such cases, PAE shall use its best efforts to insure that all content provided to each client is unique and appropriately tailored to each client. At no time shall PAE ever disclose any information received from one client to another client.
(7) You consent to PAE publishing your company name and/or logo/ photo on PAE’s websites/portfolios for PAE’s promotional use, although you reserve the absolute right to require the removal of your company name on our website.
CONDITIONS OF SALE AND PAYMENT TERMS.
Prior to the purchase of any goods or services on our Site, you must provide us with a valid credit card number and associated payment information including all of the following: (1) your name as it appears on the card, (2) your credit card number, (3) the credit card type, (4) the date of expiration and (5) any activation numbers or codes needed to charge your card. By submitting that information to us, you hereby agree that you authorize us to charge your card at our convenience but within thirty (30) days of credit card authorization. All sales of products and services are final. All charges from those sales are nonrefundable. If you are having difficulty downloading a purchased product, please do not purchase the same product again as you will not receive a refund on duplicate purchases. If you are unable to complete a download after having reviewed our online help resources, please contact customer service by email at contact@podcastaudioediting.com.
METHODS OF PAYMENT, CREDIT CARD TERMS AND TAXES.
All payments must be made by Visa, MasterCard, American Express or PayPal. Unless expressly set forth on the Site, we do not accept any other payment form. If we offer or accept any other form of payment, you hereby agree to all restrictions, terms and conditions associated with such additional form of payment. Your card issuer agreement governs your use of your designated card, and you must refer to that agreement and not this Terms of Use to determine your rights and liabilities as a cardholder. You, and not PAE, are responsible for paying any unauthorized amounts billed to your credit card by a third party. You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. Unless you notify PAE of any discrepancies within sixty (30) days after they first appear on your credit card statement, you agree that they will be deemed accepted by you for all purposes. If PAE does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by PAE or its agents. You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to, sales, use or value-added taxes. PAE shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within California and any other states or localities that it deems is required.
GUARANTEE
If you are not satisfied with the final Podcast, you will notify us within 3 business days of it being delivered to you. PAE will make its best efforts to correct any error or make any adjustments and re-edits free of charge. If for whatever reason you then decide our service just isn’t for you, we will provide a full refund for up to 3 business days after delivering the final edit.
YOUR ACCOUNT
As a registered user of the Site, you may receive or establish an account (“My Account “). If you use this site, you are responsible for maintaining the confidentiality of your My Account and password and for restricting access to your computer. You should not reveal your My Account information to anyone else or use anyone else’s My Account. You are entirely responsible for all activities that occur on or through your My Account, and you agree to immediately notify PAE of any unauthorized use of your My Account or any other breach of security. PAE shall not be responsible for any losses arising out of the unauthorized use of your My Account. PAE reserves the right to refuse service, remove or edit content, or cancel orders in their sole discretion.
You agree to provide us with accurate, current and complete information about yourself and your billing information as prompted by the registration process. You may update any of your My Account information by clicking on the My Account button (after “Log In”) and updating the desired text fields. Providing any untruthful or inaccurate information may constitute a breach of these Terms of Use. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the item(s) requested.
You may not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, probe, test or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or any of the systems or networks comprising or connected to the Site.
You also agree that PAE may, in its sole discretion and without prior notice to you, terminate your access to the Site and your My Account for any reason, including without limitation: (1) attempts to gain unauthorized access to the Site or assistance to others’ attempting to do so, (2) overcoming software security features limiting use of or protecting any Content, (3) discontinuance or material modification of the Site or any service offered on or through the Site, (4) violations of this Terms of Use, (5) failure to pay for purchases, (6) suspected or actual copyright infringement, or (7) unexpected operational difficulties. You agree that PAE will not be liable to you or to any third party for termination of your access to the Site.
PRICING
PAE reserves the right to change prices and availability for Products offered at the Site at any time, in its sole discretion and without prior notice to you. PAE does not provide price protection or refunds in the event of a price drop or promotional offering.
Except where noted otherwise, the “List Price” displayed for products on our website represents the full retail price listed on the product itself, suggested by PAE or by a third party manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. We make no representation that a substantial number of these products have been sold or offered for sale at the List Price. Actual retail prices in your area may be substantially different. Because we sell our Product over the internet on a national and international basis, it is not possible to know if our Product is sold at List Price in any particular location or at any particular time. “YOU SAVE” reflects the difference between our price and the list price shown on our sites. Because the list price may be different than the actual retail prices in your area, you may not actually realize a savings of this amount and may want to make an exact comparison for yourself by checking the prices of other internet or local retailers prior to making a purchase.
While PAE strives to provide accurate pricing information, pricing or typographical errors may occur. In the event that an item is listed at an incorrect price due to an error in pricing, PAE shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is mispriced, PAE may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
PAE does not price match with any other online or offline retailer.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. PAE reserves the right not to post or publish any materials, and to delete, remove or edit any material, at any time in its sole discretion without notice or liability.
If you do post content or submit material, and unless we indicate otherwise, you grant PAE a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant PAE and sub-licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify PAE for all claims resulting from content you supply. PAE has the right but not the obligation to monitor and edit or remove any activity or content. PAE takes no responsibility and assumes no liability for any content posted by you or any third party.
DISCLAIMER OF WARRANTIES & LIABILITY LIMITATIONS
1. PAE DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME PAE MAY REMOVE THE SITE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SITE AT ANY TIME, WITHOUT NOTICE TO YOU.
2. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SITE IS AT YOUR SOLE RISK. THE SITE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SITE ARE (EXCEPT AS EXPRESSLY STATED BY PAE) PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
3. IN NO CASE SHALL PAE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE SITE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, PAE’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
4. PAE SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND PAE HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
5. PAE DOES NOT REPRESENT OR GUARANTEE THAT THE SITE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND PAE DISCLAIMS ANY LIABILITY RELATING THERETO. PRODUCTS CAN ONLY BE DOWNLOADED ONCE DURING THE STATED TIME PERIOD AFTER YOUR ORDER IS PROCESSED; AFTER BEING DOWNLOADED, THEY CANNOT BE REPLACED IF LOST FOR ANY REASON. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM, INCLUDING ANY PRODUCTS PURCHASED FROM PAE THAT ARE STORED IN YOUR SYSTEM.
WAIVER AND INDEMNITY
BY USING THE SITE, YOU AGREE TO INDEMNIFY AND HOLD PAE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE SITE, OR ANY ACTION TAKEN BY PAE AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM PAE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SITE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF PAE’S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
GOVERNING LAW
The laws of the State of California, excluding its conflicts of law rules, govern these Terms of Use and your use of the Site. Your use of the Site may also be subject to other local, state, national, or international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with PAE or relating in any way to your use of the Site resides in the courts of the State of California.
GENERAL
These Terms of Use constitute the entire agreement between you and PAE and govern your use of the Site, superseding any prior agreements between you and PAE. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. PAE’s failure to enforce any right or provisions in these Terms of Use will not constitute a waiver of such provision, or any other provision of these Terms of Use. If any provision of this Terms of Use is found by a court of competent jurisdiction to be invalid, the other provisions will remain in full force and effect. PAE will not be responsible for failures to fulfill any obligations due to causes beyond its control.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
PAE respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide PAE’s copyright agent the written information specified below. Please note that this procedure is exclusively for notifying PAE that your copyrighted material has been infringed.
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. A description of the copyrighted work that you claim has been infringed upon;
3. A description of where the material that you claim is infringing is located on the Site, including the Product ID number, if applicable;
4. Your address, telephone number, and e-mail address;
5. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
PAE’s Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:
Podcast Audio Editing – Copyright Agent
3500 W. Olive Ave., Suite 300
Burbank, CA 91504
USA
https://www.podcastaudioediting.com
e-mail: contact@podcastaudioediting.com
TERMS MODIFICATIONS AND CHANGES
PAE reserves the right, at any time and without prior notice to you, to change, update, revise, supplement, and otherwise modify this Site, policies, and these Terms of Use, and to impose new or additional rules, policies, terms, or conditions on your use of the Site. Such updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in this Terms of Use as “Additional Terms”) will be effective immediately and incorporated into this Terms of Use. Your continued use of the Site following will be deemed to constitute your acceptance of any and all such Additional Terms. All Additional Terms are hereby incorporated into this Terms of Use by this reference. For this reason, we encourage you to review these Terms of Use whenever you use this Site.
OUR ADDRESS
Podcast Audio Editing
3500 W. Olive Ave., Suite 300
Burbank, CA 91504
USA
https://www.podcastaudioediting.com
e-mail: contact@podcastaudioediting.com