For purposes of this Agreement, “Service” refers to the Company’s service which can be accessed via our website at https://podcastu.weebly.com
or through our mobile application. The terms “we,” “us,” and “our” refer to the Company. “You” refers to you, as a user of Service.
II. INFORMATION WE COLLECT
We may collect both “Non-Personal Information” and “Personal Information” about you. “Non-Personal Information” includes information that cannot be used to personally identify you, such as anonymous usage data, general demographic information we may collect, referring/exit pages and URLs, platform types, preferences you submit and preferences that are generated based on the data you submit and number of clicks. “Personal Information” includes information that can be used to personally identify you, such as your name, address and email address.
In addition, we may also track information provided to us by your browser or by our mobile application when you view or use the Service, such as the website you came from (known as the “referring URL”), the type of browser you use, the device from which you connected to the Service, the time and date of access, and other information that does not personally identify you. We use this information for, among other things, the operation of the Service, to maintain the quality of the Service, to provide general statistics regarding use of the Service and for other business purposes. We track this information using cookies, or small text files which include an anonymous unique identifier. Cookies are sent to a user’s browser from our servers and are stored on the user’s computer hard drive. Sending a cookie to a user’s browser enables us to collect Non-Personal Information about that user and keep a record of the user’s preferences when utilizing our services, both on an individual and aggregate basis. The Company may use both persistent and session cookies; persistent cookies remain on your computer after you close your session and until you delete them, while session cookies expire when you close your browser. Persistent cookies can be removed by following your Internet browser help file directions. If you choose to disable cookies, some areas of the Service may not work properly.
III. HOW WE USE AND SHARE INFORMATION
In general, we do not sell, trade, rent or otherwise share your Personal Information with third parties without your consent. We may share your Personal Information with vendors and other third-party providers who are performing services for the Company. In general, the vendors and third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide for the Company. For example, when you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery, or return a purchase, you consent to our collecting and using such personal information for that specific purpose, including by transmitting such information to our vendors (and their service providers) performing these services for the Company.
However, certain third-party service providers, such as payment processors, have their own privacy policies in respect of the information that we are required to provide to them in order to use their services. For these third-party service providers, we recommend that you read their privacy policies so that you can understand the manner in which your Personal Information will be handled by such providers.
IV. HOW WE PROTECT INFORMATION
We implement reasonable precautions and follow industry best practices in order to protect your Personal Information and ensure that such Personal Information is not accessed, disclosed, altered or destroyed. However, these measures do not guarantee that your information will not be accessed, disclosed, altered or destroyed by breach of such precautions. By using our Service, you acknowledge that you understand and agree to assume these risks.
V. YOUR RIGHTS REGARDING THE USE OF YOUR PERSONAL INFORMATION
VII. LINKS TO OTHER WEBSITES
VIII. AGE OF CONSENT
By using the Service, you represent that you are at least 18 years of age.
X. MERGER OR ACQUISITION
XI. EMAIL COMMUNICATIONS & OPTING OUT
We will send you Service-related announcements on occasions when it is necessary to do so. For instance, if our Service is temporarily suspended for maintenance, or a new enhancement is released, which will affect the way you use our Service, we might send you an email. Generally, you may not opt-out of these communications, which are not promotional in nature. Based upon the Personal Information that you provide us, we may communicate with you in response to your inquiries to provide the services you request and to manage your account. We will communicate with you by email or telephone, in accordance with your wishes. We may also use your Personal Information to send you updates and other promotional communications. If you no longer wish to receive those email updates, you may opt-out of receiving them by following the instructions included in each update or communication.
XII. CONTACT US & WITHDRAWING CONSENT
Terms of Service
ATTENTION: PLEASE READ ALL THESE PROVISIONS (“TERMS”) CAREFULLY BEFORE USING THIS WEBSITE. USING THIS WEBSITE INDICATES YOUR AGREEMENT AND ACCEPTANCE OF THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS WEB SITE OR DOWNLOAD MATERIALS FROM THIS SITE.
The Site and its Use
Hurdie Burk (“Hurdie Burk ”) websiteis owned and provided by Hurdie Burk from its office in Round Rock, Texas. The applicable website or sites are referred to herein as the “Site.” Each Site is provided for your personal information and non-commercial use. Please feel free to browse the Site; however, your access to and use of the Site is subject to these Terms and all applicable laws. You shall use the Site for lawful purposes only. You shall not post or transmit through the Site any information or material which violates or infringes, in any way, the rights of others, or which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, harassing, or otherwise objectionable. Nor shall you post or transmit through the Site any information or material which encourages conduct that would constitute a criminal offense, give rise to liability or otherwise violate any law or administrative ruling or guidelines, is in violation of these Terms, or which, without Hurdie Burk prior written approval, contain advertising or any solicitation with respect to products or services. Any conduct by you that, in Hurdie Burk’ opinion, restricts or inhibits any other user from using or enjoying the Site will not be permitted.
The Site contains information and materials, including but not limited to, text, software, photos, video, graphics and audio, (collectively “Materials”) which are derived in whole or in part from information and materials supplied by Hurdie Burk and other sources, and are protected by international copyright, trademark and other laws and the entire content of the Site is copyrighted as a collective work under the United States Copyright Laws. Hurdie Burk owns the copyright in the overall selection, coordination, arrangement, and enhancement of such content, and owns the rights in, or license to use, the individual components of such content. Materials may not be copied, reproduced, republished, modified, uploaded, posted, transmitted or distributed in any way or decompiled, reverse engineered or disassembled, including but not limited to the text, images, audio and/or video, as well as any software (including but not limited to any images or files incorporated in or generated by the software or data accompanying such software), except that you may download one copy of the Materials on any single computer for your personal, non-commercial use only, provided you keep intact all copyright, trademark, and other proprietary notices and make no change in or deletion of author attribution. This limited authorization is not a transfer of title in the Materials and by your use of the Site, you acknowledge that you do not acquire any license, ownership or other rights to the Materials. Modification of the Materials or use of the Materials for any other purpose is a violation of Hurdie Burk or such other sources’ copyright, trademark, and other proprietary rights and may violate other laws. The use of any such Materials on any other web site or networked computer or environment is prohibited without Hurdie Burk ’ express written consent. If you breach any of these Terms, your authorization to use the Site automatically terminates and you must immediately destroy any downloaded or printed Materials.
THE SITE AND MATERIALS AND RELATED COMMUNICATIONS ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS OF IMPLIED WARRANTIES MAY NOT BE APPLICABLE UNDER CERTAIN CIRCUMSTANCES. Hurdie Burk ALSO DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS, INCLUDING BUT NOT LIMITED TO THE RELIABILITY OF ANY ADVICE, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THE USE OF THE SITE THAT ANY RELIANCE ON ANY SUCH MATERIALS, ADVICE, STATEMENT OR INFORMATION SHALL BE AT YOUR SOLE RISK. Hurdie Burk ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE (INCLUDING ANY BULLETIN BOARD AND CHAT ROOM) OR YOUR DOWNLOADING OF ANY MATERIALS FROM THE SITE.
Hurdie Burk may provide, as a convenience to you, links to websites operated by other entities and persons but makes no representations whatsoever about any other website which you may access through this one. Any link to a non-Hurdie Burk website does not mean that Hurdie Burk endorses or accepts any responsibility for the content or the use of such website. If you use these sites, you do so at your own risk. Hurdie Burk makes no warranty or representation regarding and does not sponsor or endorse, any linked websites or the information or materials appearing thereon or any of products and services described thereon. Furthermore, links do not imply that Hurdie Burk is affiliated or associated with, or that any linked site is authorized to use any trademark, trade name, logo, or copyright of Hurdie Burk.
Third Party Content
Any opinions, statements, services, offers or other information or content expressed or made available on the Site by any third party are those of the respective author(s) or distributor(s) and not of Hurdie Burk.
Limitation of Liability
Your use and browsing of the Site will be at your own risk. If you are dissatisfied with any of the Materials contained on the Site, or with any of these Terms, your sole and exclusive remedy is to discontinue accessing and using the Site. UNDER NO CIRCUMSTANCES WILL HURDIE BURK, ITS SUPPLIERS OR OTHER THIRD PARTIES MENTIONED AT, OR INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, COSTS AND EXPENSES OF ANY TYPE INCURRED, LOST PROFITS, LOST DATA OR PROGRAMS, AND BUSINESS INTERRUPTION) ARISING OUT OF YOUR ACCESS TO, USE, INABILITY TO USE OR THE RESULTS OF USE OF THE SITE, ANY WEB SITES LINKED TO THE SITE, OR ANY MATERIALS CONTAINED AT ANY OR ALL SUCH SITES (INCLUDING BUT NOT LIMITED TO THOSE CAUSED BY OR RESULTING FROM A FAILURE OF PERFORMANCE; ERROR; OMISSION; LINKING TO OTHER WEB SITES; INTERRUPTION; DELETION; DEFECT; DELAY IN OPERATION OR TRANSMISSION; COMPUTER VIRUS; COMMUNICATION LINE FAILURE; OR DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY COMPUTER OR SYSTEM), WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT HURDIE BURK WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
HURDIE BURK SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY ACTS, OMISSIONS, OR CONDUCT OF ANY USER OR OTHER THIRD PARTY.
Hurdie Burk obligations and responsibilities regarding its products and services are governed solely by Hurdie Burk terms and conditions of sale or license under which such products and services are sold or licensed. Copies of such terms and conditions are available from the applicable Hurdie Burk entity.
The Materials at the Site may contain various forward-looking statements and which may be based on or include assumptions, concerning Hurdie Burk ’ operations, future results and prospects. These forward-looking statements are based on current expectations and are subject to risk and uncertainties. In connection with the “safe harbor” provisions of the United States’ Private Securities Litigation Reform Act of 1995, Hurdie Burk provides the following cautionary statement identifying important economic, political and technology factors which, among others, could cause the actual results or events to differ materially from those set forth or implied by the forward-looking statements and related assumptions.
Such Information Provided by You
It has been and remains Hurdie Burk ’ policy not to accept or consider ideas, suggestions or materials other than those that Hurdie Burkhas specifically requested from you. Accordingly, Hurdie Burk does not want you to, and you should not send any confidential or proprietary information to Hurdie Burk through the Site unless specifically requested by Hurdie Burk. Please note that any unsolicited information or material sent to Hurdie Burk will be deemed not to be confidential or proprietary. By submitting information and material to the Site, you automatically grant to Hurdie Burk (or warrant that the owner of such information and material has expressly granted to Hurdie Burk a royalty-free, perpetual, irrevocable, unrestricted, right and license to use, reproduce, display, perform, modify, adapt, publish, translate, transmit and distribute, or otherwise make available to other such information and material (in whole or in part and for any purpose) worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed. You also agree that Hurdie Burk is free to use any ideas, concepts, know-how, or techniques that you send Hurdie Burk for any purpose. As further provided above, Hurdie Burk does not want to receive, and you are deemed to covenant and agree through the use of the Site not to provide, any information or materials to Hurdie Burk that are defamatory, threatening, obscene, harassing, in violation of any law, governmental requirements or otherwise unlawful, or that incorporate the proprietary information or materials of another person or entity. You shall not upload, post or otherwise make available on the Site any information and material protected by copyright, trademark or other proprietary rights without the express written permission of the owner of such right(s). You shall be solely liable for any damages resulting from any infringement of copyright, proprietary rights, or any other harm resulting from such a submission.
Hurdie Burk reserves the right, in its sole discretion, to revise these Terms at any time and correct any errors or omissions in any portion of the Site and Materials. Materials may also be changed, modified, added, or removed and updated without notice at any time; however, Hurdie Burk is under no obligation to update Materials. Hurdie Burk may also make changes in the products, services, programs, or prices (if any) described in the Site at any time without notice. Your continued use of the Site after any change Hurdie Burk makes to the Site will be considered acceptance of those changes. You should revisit these Terms from time to time to review the then-current Terms because they are binding on you.
Linking to Site
Anyone linking to Hurdie Burk ’ Site must comply with Hurdie Burk guidelines for linking to Hurdie Burk ’ Site and all applicable laws.
The Site is administered by Hurdie Burk from its office in the United States. Materials published at the Site may refer to products, programs, or services that are not available in your country. Consult your local Hurdie Burk business contact in this regard. Furthermore, Hurdie Burk makes no representation that the Materials at the Site are appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is prohibited. You may not use the Site or export information and materials in violation of the export laws of the United States or any other country. If you access the Site from a location outside of the United States, you are responsible for compliance with all applicable laws.
These Terms shall be governed by the laws of the State of Texas, without giving effect to any principles of conflicts of law. If any provision of this Agreement and Terms shall be unlawful, void, or for any reason unenforceable then that provision shall be severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms constitute the entire agreement between Hurdie Burk and you with respect to your use of the Site. Any cause of action you may have with respect to your use of the Site must be commenced within six (6) months after the claim or cause of action arises.
Updated on May 24, 2018