Terms of Service

Last updated September 23, 2022

PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES. THIS TERMS OF SERVICE AGREEMENT IS EFFECTIVE AS OF SEPTEMBER 23, 2022.

ACCEPTANCE OF TERMS

The following Terms of Service Agreement (the “TOS”) is a legally binding agreement that shall govern the relationship with our users and others which may interact or interface with Podcasts and Stuff Ltd., also known as HeadStuff, located at 14A Magennis Place, Dublin 2, Ireland and our subsidiaries and affiliates, in association with the use of the HeadStuff website, which includes www.HeadStuffPodcasts.com, (the “Site”) and its Services, which shall be defined below.

These terms and conditions apply to ALL transactions conducted on or through this website. You manifest your agreement to the terms and conditions in this document by any act demonstrating your assent thereto, including clicking any button containing the words “I agree” or similar syntax, or by merely accessing the website, whether you have read these terms or not. It is suggested that you print this form for your personal records.

We care about your privacy. You can read our Online Privacy Policy here. Our Privacy Policy is a part of these Terms of Service and hereby incorporated herein by reference. All members’ registration data and other personal information are strictly protected under the Podcasts and Stuff Ltd. Online Privacy Policy.

You may be required to provide certain information about yourself in order to create an account and use some of the features that are offered through the Site. We ask that you provide complete and accurate information. You may not impersonate someone else (e.g., adopt the identity of a celebrity or a friend), subscribe to emails for anyone other than yourself or provide an email address other than your own.

You represent and warrant to us that any information you provide to Podcasts and Stuff Ltd., including any contact information, is accurate and that you will keep it accurate and up to date. If you do not wish to input certain information due to personal concerns, then please omit this information when you use the Site.

THE SITE

To access or use the Site, you must be 16 years or older and have the power and authority to enter into these Terms. If you are 16 or older but under 18—or under the legal age of majority in your jurisdiction if it is older than 18—you agree to review these terms with a parent or guardian to ensure that both you and your parent or guardian understand and agree to them. You agree to have your parent or guardian review and accept these terms on your behalf. If you are a parent or guardian agreeing to these Terms for the benefit of a child over 16, then you agree to and accept full responsibility for that child’s use the Site, including all financial charges and legal liability that they may incur.

We grant you permission to use the Site subject to the restrictions in these Terms. Your use of the Site is at your own risk.

The Site may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.

DESCRIPTION OF WEBSITE SERVICES OFFERED

The Site is a news and information website which has the following description:

Provide listeners with background information on the company and the content we produce, including all content provided on or through the Site, which may include the purchase of select content from Podcasts and Stuff Ltd. directly (the “Services”).

Any and all visitors to our site shall be deemed as “users” of the herein contained Services provided for the purpose of this TOS.

The user acknowledges and agrees that the Services provided and made available through our website and applications, which may include some mobile applications and that those applications may be made available on various social media networking sites and numerous other platforms and downloadable programs, are the sole property of Podcasts and Stuff Ltd. At its discretion, Podcasts and Stuff Ltd. may offer additional website Services and/or products, or update, modify or revise any current content and Services, and this Agreement shall apply to any and all additional Services and/or products and any and all updated, modified or revised Services unless otherwise stipulated. Podcasts and Stuff Ltd. does hereby reserve the right to cancel and cease offering any of the aforementioned Services and/or products. You, as the end user acknowledge, accept and agree that Podcasts and Stuff Ltd. shall not be held liable for any such updates, modifications, revisions, suspensions or discontinuance of any of our Services and/or products. Your continued use of the Services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes and/or modifications, and as such, frequent review of this Agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, revised or modified terms, you must stop using the provided Services forthwith.

Furthermore, the user understands, acknowledges and agrees that the Services offered shall be provided “AS IS” and as such Podcasts and Stuff Ltd. shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store user content, communication or personalisation settings.

PAYMENT TERMS

In order to purchase something from our Site, you will be asked to supply your payment method and other relevant billing information. For more information about how we use your Billing Information, including how we may share it with third-party payment processors and vendors, please visit our Privacy Policy. Charges for purchases on our website are processed by our third-party payment processor, Stripe, and are subject to their additional terms and conditions.

You agree to pay for any program that you order. The payment method you use to purchase the program will be charged for the price listed, along with any additional amounts relating to applicable taxes, bank fees and currency fluctuations.

Our subscription service is called “HeadStuff+” and features a facility to direct part of your subscription fee to the creators of the podcasts on our network. This also grants you access to premium content and occasional offers.

INTELLECTUAL PROPERTY RIGHTS

The Website, and all content appearing therein, are the sole and exclusive property of Podcasts and Stuff Ltd. or its licensors. No license or ownership rights in or to any content of the website are conveyed to you by reason of this Agreement or your purchase of any products or services herein. The website and its content are protected under the laws of copyright and trademark. Unless otherwise permitted by law, you may not copy, republish or transmit any portion of the website without Podcasts and Stuff Ltd.’s prior written consent. When you purchase or order any product through this website or from Podcasts and Stuff Ltd., you expressly agree that you do not have any license for the resale of any product or copyrighted or proprietary image and that the resale of any product or copyrighted or proprietary image is expressly prohibited. If you breach these Terms of Service, your right to use the website will cease immediately and you must, at Podcasts and Stuff Ltd., return or destroy any copies of the material you have made.

Podcasts and Stuff Ltd. will always respect the intellectual property of others, and we ask that all of our users do the same. With regards to appropriate circumstances and at its sole discretion, Podcasts and Stuff Ltd. may disable and/or terminate the accounts of any user who violates our TOS and/or infringes the rights of others. If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide to us the following information:

a) The electronic or the physical signature of the individual that is authorised on behalf of the owner of the copyright or other intellectual property interest;

b) A description of the copyrighted work or other intellectual property that you believe has been infringed upon;

c) A description of the location of the site which you allege has been infringing upon your work;

d) Your physical address, telephone number, and email address;

e) A statement, in which you state that the alleged and disputed use of your work is not authorised by the copyright owner, its agents or the law;

f) And finally, a statement, made under penalty of perjury, that the aforementioned information in your notice is truthful and accurate, and that you are the copyright or intellectual property owner, representative or agent authorised to act on the copyright or intellectual property owner’s behalf.

The Podcasts and Stuff Ltd. Agent for notice of claims of copyright or other intellectual property infringement can be contacted as follows:

Mailing Address:

Podcasts and Stuff Ltd.

14A Magennis Pl.

Dublin 2

Ireland

Email: [email protected]

BILLING ERRORS

If you believe that you have been billed in error, please notify us at [email protected] immediately. If we do not hear from you within thirty (30) days after such billing error first appears on any account statement, the billing will be deemed accepted by you for all purposes, including resolution of inquiries made by your credit card issuer. You are deemed to have released Podcasts and Stuff Ltd. from all liabilities and claims of loss resulting from any error or discrepancy that is not reported to us within thirty (30) days of its appearance on your credit card account statement.

REFUNDS

With online purchases, consumers have a right of withdrawal and are provided with a “cooling off” period, which, under the Consumer Rights Directive, lasts 14 calendar days starting from the day on which they received the goods, or in the case of a service, the day on which the service commenced.

Due to the nature of how we distribute funds to creators we cannot honour refunds after this time.

CANCELLATIONS

If you choose to cancel your subscription during a pre-paid period your service will remain active until the end of that period and will not renew on the next subscription cycle.

PASSWORD

We may assign you a password and account identification to enable you to access your account on this website. Each time you use a password or identification, you will be deemed to be authorised to access and use the website in a manner consistent with the terms and conditions of this Agreement, and we have no obligation to investigate the authorisation or source of any such access or use of the Website. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS WEBSITE IS ACTUALLY authoriseD BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify us of any unauthorised use of your password or identification or any other breach or threatened breach of this website’s security.

INDEMNITY

All users herein agree to insure and hold Podcasts and Stuff Ltd., our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party which may arise from any content a user of our site may submit, post, modify, transmit or otherwise make available through our Services, the use of HeadStuff Services or your connection with these Services, your violations of the Terms of Service and/or your violation of any such rights of another person.

COMMERCIAL REUSE OF SERVICES

The user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, service, product, or access to HeadStuff’s sites.

MODIFICATIONS

Podcasts and Stuff Ltd. shall reserve the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any part thereof.

With respect to the distribution of your support to shows and services. Your chosen shows at the point of your first subscription purchase will be used as your preference unless we are otherwise instructed by a revision to these choices. This can be done at any time while you have an active subscription. An updated choice will come into effect on your next billing cycle. From time to time we may need to alter or amend the available options due to various factors; such as a show ceasing production or taking an extended hiatus. In this case we may adjust or amend your chosen show list, within reason, at any time while you have an active subscription. In the event that you support a single show that is ceasing production you will be notified.

ADVERTISERS

Any correspondence or business dealings with, or the participation in any promotions of, advertisers located on or through our Services, which may include the payment and/or delivery of such related goods and/or Services, and any such other term, condition, warranty and/or representation associated with such dealings, are and shall be solely between you and any such advertiser. Moreover, you herein agree that Podcasts and Stuff Ltd. shall not be held responsible or liable for any loss or damage of any nature or manner incurred as a direct result of any such dealings or as a result of the presence of such advertisers on our website.

LINKS

Either Podcasts and Stuff Ltd. or any third parties may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third party sites or resources. Furthermore, you acknowledge and agree that Podcasts and Stuff Ltd. shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or Services made available on or through any such site or resource.

PROPRIETARY RIGHTS

You do hereby acknowledge and agree that Podcasts and Stuff Ltd.’s Services and any essential software that may be used in connection with our Services (“Software”) shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any Content which may be contained in any advertisements or information presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorised by Podcasts and Stuff Ltd. or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on Podcasts and Stuff Ltd. Services (e.g. Content or Software), in whole or part.

Podcasts and Stuff Ltd. herein has granted you personal, non-transferable and non-exclusive rights and/or license to make use of the object code or our Software on a single computer, as long as you do not, and shall not, allow any third party to duplicate, alter, modify, create or plagiarise work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the Software. Furthermore, you do herein agree not to alter or change the Software in any manner, nature or form, and as such, not to use any modified versions of the Software, including and without limitation, for the purpose of obtaining unauthorised access to our Services. Lastly, you also agree not to access or attempt to access our Services through any means other than through the interface which is provided by Podcasts and Stuff Ltd. for use in accessing our Services.

WARRANTY DISCLAIMERS

YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT

a) THE USE OF Podcasts and Stuff Ltd. SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN “AS IS” AND/OR “AS AVAILABLE” BASIS. Podcasts and Stuff Ltd. AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

b) Podcasts and Stuff Ltd. AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) Podcasts and Stuff Ltd. SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) Podcasts and Stuff Ltd. SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE Podcasts and Stuff Ltd.SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.

c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF Podcasts and Stuff Ltd. SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.

d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM Podcasts and Stuff Ltd. OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

e) A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

LIMITATION OF LIABILITY

YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT Podcasts and Stuff Ltd. AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:

a) THE USE OR INABILITY TO USE OUR SERVICE;

b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;

c) UNauthoriseD ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA;

d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;

e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.

RELEASE

In the event you have a dispute, you agree to release Podcasts and Stuff Ltd. (and its officers, directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners and any other third parties) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute.

EXCLUSION AND LIMITATIONS

THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.

THIRD PARTY BENEFICIARIES

You herein acknowledge, understand and agree, unless otherwise expressly provided in this TOS, that there shall be no third-party beneficiaries to this agreement.

NOTICE

Podcasts and Stuff Ltd. may furnish you with notices, including those with regards to any changes to the TOS, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our website Services, or other reasonable means currently known or any which may be herein after developed. Any such notices may not be received if you violate any aspects of the TOS by accessing our Services in an unauthorised manner. Your acceptance of this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorised manner.

TRADEMARK INFORMATION

You herein acknowledge, understand and agree that all of the Podcasts and Stuff Ltd. trademarks, copyright, trade name, service marks, and other Podcasts and Stuff Ltd. logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of Podcasts and Stuff Ltd.. You herein agree not to display and/or use in any manner the Podcasts and Stuff Ltd. logo or marks without obtaining Podcasts and Stuff Ltd.’s prior written consent.

ENTIRE AGREEMENT

This TOS constitutes the entire agreement between you and Podcasts and Stuff Ltd. and shall govern the use of our Services, defined as provision of podcast content, superseding any prior version of this TOS between you and us with respect to Podcasts and Stuff Ltd. Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other Podcasts and Stuff Ltd. Services, affiliate Services, third-party content or third-party software.

WAIVER AND SEVERABILITY OF TERMS

At any time, should Podcasts and Stuff Ltd. fail to exercise or enforce any right or provision of the TOS, such failure shall not constitute a waiver of such right or provision. If any provision of this TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.

VIOLATIONS

Please report any and all violations of this TOS to Podcasts and Stuff Ltd. as follows:

Mailing Address:

Podcasts and Stuff Ltd.

14A Magennis Pl.

Dublin 2

Ireland

Telephone: 01-516-8513

Email: [email protected]