Terms and Conditions
Agreement between User and http://podcastvillage.bizWelcome to http://podcastvillage.biz. The http://podcastvillage.biz website (the "Site") is comprised of various web pages operated by Podcast Village ("Podcast Village"). http://podcastvillage.biz is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of http://podcastvillage.biz constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference. http://podcastvillage.biz is an E-Commerce Site. _________________
Electronic CommunicationsVisiting http://podcastvillage.biz or sending emails to Podcast Village constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Your AccountIf you use this site, 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 otherwise transfer your account to any other person or entity. You acknowledge that Podcast Village is not responsible for third party access to your account that results from theft or misappropriation of your account. Podcast Village and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion. If you use this site, you pre-authorize Podcast Village to use the payment information (debit card and/or credit card) on file to charge you for the applicable fees. If there is no payment information on file, you understand that you will be billed for the applicable fee.
Children Under ThirteenPodcast Village does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use http://podcastvillage.biz only with permission of a parent or guardian.
Studio RulesNo food or drink is allowed inside the studios except for water in a resealable bottle. Clean up after yourself as this is a shared community space. Be kind to our equipment. Be mindful of recording sessions and keep volume levels low. Respect work-station reservations. Log out of work-stations and shut down equipment after use. Plug in all equipment that requires charging. No more than 5 people in each studio at any given time. No more than 4 people in the production room. Notify Podcast Village of any damages to the space and/or equipment, facility concerns, etc.
Arrival / ParkingPlease arrive at least 30 minutes prior to the start of your scheduled session to settle in and to ask your producer any questions. Please be mindful of your fellow podcasters and producers and account for DC traffic and parking as well as your setup time. Street parking and paid parking lots are available within 1-2 blocks from the studio.
Cancellation/Late/No-Show PolicyPlease note that all sales are final. You may cancel your monthly membership at any time directly within your online account. We do not offer pro-rated refunds for cancellations processed after your most recent auto-pay. If you will be more than 5 minutes late, please call the studio to notify your producer. Podcast Village cannot guarantee that it will be able to accommodate the full session for clients who arrive more than 15 minutes late. Out of respect to the Podcast Village community, clients who arrive more than 30 minutes late or who are a no-show, will forfeit the full cost of the session. Pro-rated fees may apply at the the discretion of Podcast Village management. Recording session cancellations must be made 48 hours prior to the start of the session to avoid being charged for the full cost of the session.
Links to Third Party Sites/Third Party Serviceshttp://podcastvillage.biz may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Podcast Village and Podcast Village is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Podcast Village is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Podcast Village of the site or any association with its operators. Certain services made available via http://podcastvillage.biz are delivered by third party sites and organizations. By using any product, service or functionality originating from the http://podcastvillage.biz domain, you hereby acknowledge and consent that Podcast Village may share such information and data with any third party with whom Podcast Village has a contractual relationship to provide the requested product, service or functionality on behalf of http://podcastvillage.biz users and customers.
Third Party AccountsYou will be able to connect your Podcast Village account to third party accounts. By connecting your Podcast Village account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
International UsersThe Service is controlled, operated and administered by Podcast Village from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Podcast Village Content accessed through http://podcastvillage.biz in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
IndemnificationYou agree to indemnify, defend and hold harmless Podcast Village, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Podcast Village reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Podcast Village in asserting any available defenses.
ArbitrationIn the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action WaiverAny arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted.
THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER.Further, unless both you and Podcast Village agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
Termination/Access RestrictionPodcast Village reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the District of Columbia and you hereby consent to the exclusive jurisdiction and venue of courts in the District of Columbia in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Podcast Village as a result of this agreement or use of the Site. Podcast Village's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Podcast Village's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Podcast Village with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Podcast Village with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Podcast Village with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to TermsPodcast Village reserves the right, in its sole discretion, to amend the Terms of this agreement at any time. The most current version of the Terms will supersede all previous versions. Podcast Village encourages you to periodically review the Terms to stay informed of our updates.
Contact UsPodcast Village welcomes your questions or comments regarding the Terms:
Podcast Village2300 Wisconsin Ave NW, Suite 400B Washington, District of Columbia 20007
Email Address:[email protected]
Effective as of _________________