PodEz fulfillment provides a service, called the pod-ez.com (or “PodEz fulfillment App”, or just the “App”) that allows users to design and sell custom apparel via their own online stores created at Shopify.com. By using our site and our service, and the PodEz fulfillment App in any way, you accept the terms and conditions within this agreement and our Terms of Service, including any future amendments (collectively, the “Agreement”).
By violating this User Agreement of this Terms of Service in any way, you may be subject to immediate removal of the PodEz fulfillment App from your Shopify store, cancellation of any pending orders, and/or suspension or termination of your account, at the sole discretion of PodEz fulfillments.
The PodEz fulfillment App is provided “as is”, with no warranty of any kind. We have made every effort to provide a service that functions as expected; however, from time to time errors or internet connections may limit the performance of this service. In no way shall PodEz fulfillment be responsible for any loss of profits due to or arising from the use of the PodEz fulfillment App.
By installing the PodEz fulfillment Fulfillment App in your Shopify store:
- You agree to accept and abide by these Terms of Service in their entirety.
- You agree that you are the owner, or licensee, of all rights associated with any created or uploaded artwork or text, including but not limited to, the trademarks, service marks and copyrights that may be associated with said material. If you are not the owner, you agree to provide PodEz fulfillment with evidence of the permission given to you by the owner, and to comply with any restrictions or conditions imposed by the owner.
- You agree that the artwork sold on your store, and the description and title thereof do not, either in and of themselves or in combination, infringe upon the rights of any third party.
- You understand and agree that PodEz fulfillment may, in its sole discretion, release your contact information to a third party that satisfactorily alleges, in PodEz fulfillment’s sole discretion, unauthorized use of its intellectual property.
- Upon receipt by PodEz fulfillment of any complaint or allegation of infringement, in PodEz fulfillments’ sole discretion, the PodEz fulfillment App may be subject to removal from your Shopify store, and suspension or termination of your account with PodEz fulfillment.
- You agree not to provide any inaccurate, misleading or untrue information in your store including, but not limited to: the amount of product for sale, the origin of production of the product, or the intended recipient of profits.
- You agree to defend, indemnify and hold PodEz fulfillment and its affiliates harmless from and against any and all claims, damages, costs and expenses, including reasonable attorneys’ fees, arising from or relating to your use of the PodEz fulfillment App or PodEz fulfillment’ site and services, your violation of this agreement, or your violation of any rights of another.
- You agree that PodEz fulfillment is not responsible for any consequential, indirect or any special damages, including, but not limited to, lost profits, associated with any action taken by PodEz fulfillment pursuant to this Agreement or your use of the PodEz fulfillment service.
- You agree to allow PodEz fulfillment, at its sole discretion, to continue with fulfillment and distribution of orders from your store, even if your PodEz fulfillment account is cancelled or suspended.
Automatic Payments for Orders
The PodEz fulfillment App provides a method of storing your credit or debit card information securely with Authorize.net. Your information is not accessible to the PodEz fulfillment App or employees of PodEz fulfillment. By using the App and providing your information, you agree to allow this information to be stored in this way.
The PodEz fulfillment App provides an “Auto Process Orders” feature through the “PodEz fulfillment Store Settings” page. When this feature is enabled (set to “On”), and you have provided a payment method in accordance with the paragraph above, you agree to allow PodEz fulfillment to automatically charge your credit or debit card the total amount of any orders placed on your Shopify store and able to be fulfilled by PodEz fulfillment, and to fulfill those orders at PodEz fulfillment’ discretion.
Items Damaged or Poor Quality
If an item is damaged or is shipped with a poor-quality print, you must send us a photograph of the poor-quality print or damaged area.PodEz fulfillment will replace any items damaged or poor-quality at no additional cost. PodEz fulfillment is not responsible for items damaged in shipping.
Wrong Product Shipped
If we ship the wrong product to your customer, send us a photo showing how the product differs from what was ordered and we will replace any such items at no additional cost.
If you have any other complaint regarding the design printed on a product, please send us a photo. Credits, refunds, or reprints will be issued at the sole discretion of PodEz fulfillment if the printed design differs substantially from the artwork that was submitted. We will investigate every case and will work to provide a resolution that satisfies you and your customers.
You may request cancellation of any order placed through your Shopfiy store within 24 hours. Orders cancelled prior to 24 hours by the PodEz fulfillment App will not be charged to your provided payment method.
Intellectual Property Policy
PodEz fulfillment prohibits customers from using the site to display or sell items that infringe on the intellectual property, copyrights, trademarks, or service marks of a third party.PodEz fulfillment abides by the federal Digital Millennium Copyright Act (DMCA) by responding to notices of alleged infringement that comply with the DMCA and other applicable laws. As part of our response, we may remove or disable access to material residing on a site that is controlled or operated by PodEz fulfillment (such as https://pod-ez.com) that is claimed to be infringing, in which case we will make a good-faith attempt to contact the person who submitted the affected material so that they may make a counter notification, also in accordance with the DMCA.
Before serving either a Notice of Infringing Material or Counter-Notification, you may wish to contact a lawyer to better understand your rights and obligations under the DMCA and other applicable laws. The following notice requirements are intended to comply with PodEz fulfillments’ rights and obligations under the DMCA and, in particular, section 512(c), and do not constitute legal advice.
NOTICE TO COPYRIGHT OWNERS:
If you believe material posted on or linked to or from this site is infringing, please provide a written, signed notice of infringement (a “DMCA Notice”) to the designated agent at the PodEz fulfillment, by email. Such DMCA Notice should be in the form set forth below, which is consistent with the form suggested by the United States Digital Millennium Copyright Act (the “DMCA”).
Pursuant to federal law you may be held liable for damages and attorneys’ fees if you make any material misrepresentations in a Notification. Thus, if you are not sure whether content located on or accessible via a link from the Website infringes your copyright, you should contact an attorney.
All Notifications should include the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- The URL to the PodEz fulfillment campaign(s) containing the allegedly infringing material.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notifications should be sent to the email address [email protected]
Please note: The DMCA provides that you may be liable for damages (including costs and attorneys’ fees) if you make a false or bad faith allegation of copyright infringement by using this process. If you are not sure what your rights are, or whether a copyright has been infringed, you should check with a legal advisor first.
All information about you, private or otherwise, we obtain through your registration or when you place an order on this site is secured on our servers and never released to any third party.
Really private information, like your credit card number or other payment information, is NEVER stored in any way on our servers.
Your privacy (and security) is our priority. Plain and simple.
Thank you for trusting pod-ez.com with your information.
Terms of Service
This web page represents a legal document that serves as our Terms of Service and it governs the Terms of Service of our website, https://pod-ez.com, sub-domains, and any associated web-based and mobile applications (collectively, “Website”), as owned and operated by PodEz fulfillment.
The latest copies of our Terms of Service will be posted on our Website, and you should review all Terms of Service prior to using our Website. After any revisions to our Terms of Service are posted, you agree to be bound to any such changes to them. Therefore, it is important for you to periodically review our Terms of Service to make sure you still agree to them.
By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trademark law.
The last update to our Terms of Service was posted on 3 April 2016.
The terms “us” or “we” or “our” refers to PodEz fulfillment, the owner of the Website.
A “Visitor” is someone who merely browses our Website, but has not registered as Member.
A “Member” is an individual that has registered with us to use our Service.
Our “Service” represents the collective functionality and features as offered through our Website to our Members.
A “User” is a collective identifier that refers to either a Visitor or a Member.
All text, information, graphics, audio, video, and data offered through our Website are collectively known as our “Content”.
Listing of offered products on the Website could be used only for lawful purposes by Users of the Website. You could not frame or utilize framing techniques to enclose any hallmark, logo, copyrighted image, or most proprietary details (consisting of images, text, page layout, or type) of PodEz fulfillment without express composed consent. You might not use any meta tags or any various other “unseen text” utilizing PodEz fulfillments’ name or trademarks without the express written consent of PodEz fulfillment. You agree not to offer or modify any content found on the Website consisting of, however not limited to, names of Users and Content, or to recreate, display, openly perform, distribute, or otherwise make use of the Material, in any way for any public function, in connection with services or products that are not those of PodEz fulfillments’, in other way that is likely to trigger confusion among consumers, that disparages or challenges PodEz fulfillment or its licensors, that dilutes the strength of PodEz fulfillment’ or its licensor’s residential property, or that otherwise infringes PodEz fulfillment’ or its licensor’s copyright rights. You also agree to abstain from abusing any of the material that appears on the Site. The use of the Material on any other website or in a networked computer system environment for any purpose is prohibited. Any code that PodEz fulfillment develops to generate or show any Material of the pages making up the Site is likewise secured by PodEz fulfillments’ copyright, and you may not copy or adjust such code.
If alerted by a User of any products which allegedly do not conform to these Terms, PodEz fulfillment could in its single discernment explore the allegation and figure out whether to take other actions or ask for the removal or get rid of the Content. PodEz fulfillment has no liability or duty to Individuals for efficiency or nonperformance of such activities.
You are connecting with us electronically when you go to the Site or send out emails to us. You consent to get interactions from us online. We will connect with you by email or by uploading notifications on the Site. You concur that all contracts notifications, disclosure, and various other communicates that we provide to you digitally please any legal requirements that such communications be in writing.
If you utilize the Website, you are accountable for maintaining the confidentiality of your account and password and you accept responsibility for all activities that happen under your account and password. You also accept not to reveal any personally identifiable information, consisting of, however not limited to, first and last names, credentials, or various other details of a personal nature (“Personal Data”) from the Site. Your disclosure of any Personal Data on the website might result in the immediate termination of your account.PodEz fulfillment additionally reserves the right to refuse service, terminate accounts, and remove or edit Content at it’s sole discernment.
PodEz fulfillment does not guarantee the truthfulness or represent, precision, or dependability of Content on the site, consisting of Personal Data. Each Individual is accountable for upgrading and changing any pertinent account info when essential to preserve the truthfulness, precision, or reliability of the details.
You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Website. PodEz fulfillment reserves the right to investigate complaints or reported violations of our Terms of Service and to take any action we deem appropriate, including but not limited to canceling your Member account, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.
Our Website may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of our Website does not constitute any right or license for you to use such service marks/trademarks, without the prior written permission of the corresponding service mark/trademark owner. Our Website is also protected under international copyright laws. The copying, redistribution, use or publication by you of any portion of our Website is strictly prohibited. Your use of our Website does not grant you ownership rights of any kind in our Website.
All mock ups and files provided by the PodEz fulfillment Website are the intellectual property of PodEz fulfillment and are provided solely for the promotion of PodEz fulfillment Products. Using the PodEz fulfillment mock-ups and other downloadable materials to promote products to be fulfilled by any Supplier other than PodEz fulfillment is prohibited. Downloading or publishing of PodEz fulfillment mock-ups or files for any use other than the promotion of PodEz fulfillment products is prohibited without the express written consent of PodEz fulfillment. Distribution of PodEz fulfillment mock-ups or files to third parties without the express written consent of PodEz fulfillment is prohibited. Promotions using PodEz fulfillment mock-ups or files on sites not promoting PodEz fulfillment products is prohibited without the express written consent of PodEz fulfillment. Use of PodEz fulfillment mock-ups inside third-party software is prohibited without the express written consent of PodEz fulfillment.
All copyright, trademarks, design rights and other intellectual property rights (registered and unregistered) in and on PodEz fulfillment Website belong to PodEz fulfillment. PodEz fulfillment reserves all of its rights in the PodEz fulfillment App and Website. Nothing in the Terms grants you a right to license or distribute any design right or copyright owned or controlled by PodEz fulfillment without the express written consent of PodEz fulfillment.
As a condition of use, you promise not to use the Services, Design right or copyright material use provided on PodEz fulfillment Website (registered and unregistered) for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by PodEz fulfillment.
Revisions and Errata
The materials appearing on PodEz fulfillments’ web site could include technical, typographical, or photographic errors.PodEz fulfillment does not warrant that any of the materials on its web site are accurate, complete, or current. PodEz fulfillment may make changes to the materials contained on its web site at any time without notice. PodEz fulfillment does not, however, make any commitment to update the materials.
The materials on PodEz fulfillments’ web site are provided “as is” PodEz fulfillments makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, PodEz fulfillment does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site. The Site serves as a venue for Individuals to purchase distinct service or products. Neither PodEz fulfillment nor the Site has control over the quality or fitness for a particular function of a product. PodEz fulfillment likewise has no control over the accuracy, reliability, completeness, or timeliness of the User-submitted details and makes no representations or warranties about any info on the Site.
THE WEBSITE AND ALL DETAILS, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE APPLICATION) AND SERVICES CONSISTED OF ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY PodEz fulfillment ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. PodEz fulfillment MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ABOUT THE OPERATION OF THIS SITE OR THE INFO, MATERIAL, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES CONSISTED OF ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE POINTED OUT IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK.
TO THE COMPLETE EXTENT PERMISSIBLE BY APPLICABLE LAW, PodEz fulfillment DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND PHYSICAL FITNESS FOR A PARTICULAR PURPOSE. PodEz fulfillment DOES NOT WARRANT THAT THIS WEBSITE; DETAILS, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE APPLICATION) OR SERVICES CONSISTED OF ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE; ITS SERVERS; OR EMAIL SENT FROM PodEz fulfillment ARE WITHOUT VIRUSES OR OTHER HARMFUL ELEMENTS. PodEz fulfillment WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR FROM ANY DETAILS, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE APPLICATION) OR SERVICES CONSISTED OF ON OR OTHERWISE MADE AVAILABLE TO YOU WITH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE POINTED OUT IN WRITING. UNDER NO SCENARIO SHALL PodEz fulfillments’ LIABILITY DEVELOPING FROM OR IN CONNECTION WITH THE SITE OR YOUR USE OF THE WEBSITE, DESPITE THE REASON FOR ACTION (WHETHER IN AGREEMENT, TORT, BREACH OF SERVICE WARRANTY OR OTHERWISE), GO BEYOND $100.
Links to Other Websites
Our Website may contain links to third party websites. These links are provided solely as a convenience to you. By linking to these websites, we do not create or have an affiliation with, or sponsor such third party websites. The inclusion of links within our Website does not constitute any endorsement, guarantee, warranty, or recommendation of such third party websites. PodEz fulfillment has no control over the legal documents and privacy practices of third party websites; as such, you access any such third party websites at your own risk.
Site Terms of Service Modifications
PodEz fulfillment may revise these Terms of Service for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.
Any claim relating to PodEz fulfillments’ web site shall be governed by the laws of The State of Wyoming without regard to its conflict of law provisions, and You consent to exclusive jurisdiction and venue in such courts.
You accept defend, indemnify, and hold safe PodEz fulfillment, its affiliates, and their corresponding officers, directors, agents and workers, from and against any claims, actions or demands, including without limitation affordable legal, accounting, and other provider charges, affirming or resulting from (i) any Content of most material You offer to the Site, (ii) Your use of any Content, or (iii) Your breach of the terms of these Terms. PodEz fulfillment will provide notice to You promptly of any such claim, match, or case.
Our Terms of Service shall be treated as though it were executed and performed in The State of Wyoming, United States and shall be governed by and construed in accordance with the laws of The State of Wyoming, United States without regard to conflict of law principles. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Website, must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of our Terms of Service be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that any Content in our Website conflicts or is inconsistent with our Terms of Service, our Terms of Service shall take precedence. Our failure to enforce any provision of our Terms of Service shall not be deemed a waiver of such provision nor of the right to enforce such provision. The rights of PodEz fulfillment under our Terms of Service shall survive the termination of our Terms of Service.
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the pod-ez.com website and the PodEz fulfillment mobile application (together, or individually, the “Service”) operated by PodEz llc (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
By creating an Account on our service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Availability, Errors and Inaccuracies
We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.
We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Contests, Sweepstakes and Promotions
Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or PodEz llc cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting PodEz llc customer support team.
A valid payment method, including credit card or PayPal, is required to process the payment for your Subscription. You shall provide PodEz llc with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize PodEz llc to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, PodEz llc will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
PodEz llc may, at its sole discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial”).
You may be required to enter your billing information in order to sign up for the Free Trial.
If you do enter your billing information when signing up for the Free Trial, you will not be charged by PodEz llc until the Free Trial has expired. On the last day of the Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.
At any time and without notice, PodEz llc reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
PodEz llc, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
PodEz llc will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Except when required by law, paid Subscription fees are non-refundable.
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.
By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, perform, display, reproduce, and distribute such Content on and through the Service.
PodEz llc has the right but not the obligation to monitor and edit all Content provided by users.
In addition, Content found on or through this Service are the property of PodEz llc or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to [email protected], with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”
You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Service on your copyright.
DMCA Notice and Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
- a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
- identification of the URL or other specific location on the Service where the material that you claim is infringing is located;
- your address, telephone number, and email address;
- 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;
- 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.
You can contact our Copyright Agent via email at [email protected]
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of PodEz llc and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of PodEz llc.
Links To Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by PodEz llc
PodEz llc has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that PodEz llc shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless PodEz llc and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.
Limitation Of Liability
In no event shall PodEz llc, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
PodEz llc its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of Wyoming, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
If you have any questions about these Terms, please contact us.