Terms of Use

WEBSITE TERMS OF USE

The following Terms of Use are entered into by and between You and The Podcast Collaborative (“Company”, “we”, or “us”).

The following terms and conditions, together with any documents they expressly incorporate by reference (“Terms of Use”), govern your access to and use of The Podcast Collaborative, including any content, functionality and services offered on or through The Podcast Collaborative  (the “Website”), whether as a guest or a registered user.

1- Copyright & Content 

All content on the Website is protected by copyright, trademark and other applicable laws, and are the property of the The Podcast Collaborative unless otherwise noted.

This work and its contents are protected by Canadian copyright law. Except as otherwise provided for under Canadian copyright law, this work and its contents may not be copied, published, distributed, downloaded or otherwise stored in a retrieval system, transmitted or converted, in any form or by any means, electronic or otherwise, without the prior written permission of the copyright owner.

2- Disclaimer

The information on this Website is provided as general information and is not advice. 

The information on this Website operated by The Podcast Collaborative is for general information and education only on podcasting and online business.  

By visiting this Website, you have not retained The Podcast Collaborative to give professional advice and the information on the Website should not be considered a substitute for professional advice.

The Podcast Collaborative makes no warranty as to the accuracy, validity, timeliness or completeness of any information on this Website or any Website that can be accessed through this Website.

The Podcast Collaborative assumes no liability for any damages whatsoever, including, without limitation, indirect, special, consequential, punitive or incidental damages of any kind, whether brought in contract or tort, arising out of or in connection with this Website, the inability to use this Website or the use, reliance upon, or performance of any material contained in or accessed from this Website, or any linked Website, even if we are expressly advised of the possibility of such damages.

The Podcast Collaborative is not responsible for any errors or omissions, or for the results obtained from the use of any information on this Website.  

The Podcast Collaborative may receive compensation for products and services in exchange for endorsing the products or services.  Access to any third-party website from this Website does not constitute an affiliation with or endorsement of such sites or their operators. 

Information on this Website may be changed or updated at any time without notice.

3- Privacy

We respect your privacy and follow the principles of PIPEDA in the collection of Personal Information from you on our Website.  Please see our full text of our Privacy Policy here

4- Email And Other Electronic Communications

Visiting the Website or sending emails to the Company 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 Website, satisfy any legal requirement that such communications be in writing.

We would be pleased to communicate with you by email, and there are various places on this Website that provide you the ability to send an electronic communication to the Company. Any such email or other electronic communication, however, does not create a business relationship or any contractual relationship.  As set forth more fully in our Privacy Policy, we will take reasonable steps to ensure that any communications remain confidential, but we cannot guarantee the security of such communications and cannot guarantee that we would not be required to disclose such communications as a result of a court order.

5- User Communication 

The Website may contain chat areas, news groups, forums, communities, comment sections or other message or communication facilities designed to enable you to communicate with the public at large or with a group.  

You agree that when using features of the Website that allow for communication by you, that you will not defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others.  

You agree not to publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information, or upload files unless you own or control the rights thereto or have received all necessary consents. 

You agree not to advertise or offer to sell or buy any goods or services for any business purpose, or harvest or otherwise collect information about others, including email addresses, without their consent or violate any applicable laws or regulations.

The Company has no obligation to monitor the user communications but reserves the right to review materials posted to the Website and to remove any materials in its sole discretion. The Company reserves the right to terminate your access to any or all of the user communication services at any time without notice for any reason whatsoever and to disclose any information as necessary to satisfy any applicable laws.

6- Cancellation and Refund Policies

Please see cancellation and refund policies further below for the Podcast Collab Club.

7- Changes to the Terms of Use

We may revise and update these Terms of Use from time to time at our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

8- Jurisdiction

This agreement between you, the user, and The Podcast Collaborative shall be governed by, and interpreted in accordance with, the laws of the province of British Columbia and the laws of Canada applicable therein. You hereby consent and submit to the exclusive jurisdiction of the courts of the province of British Columbia in any proceeding related to this agreement.

9- Contact Information

We welcome your questions about the Terms of Use.  You can contact us here:

Sarah Penner at hello@thepodcastcollaborative.com

ONLINE COURSE AND MEMBERSHIP USER AGREEMENT

1- Terms and Conditions 

The Podcast Collaborative (the “Provider”) agrees to provide you with access to Podcast Collab Club (the “Program”) upon the following terms and conditions.  By registering for the Program, you (the “Participant” or “You”) agree to be bound by and to abide by the following terms and conditions.

2- Effective Date

This Agreement shall start upon registration by the Participant in the Program and shall be enforceable between the parties starting on that registration date.

3- Program

The Provider agrees to provide access to all of the Program features as described in the specific Program sales page on the Effective Date. These Program features may include lessons, forms, worksheets, checklists, ongoing live training sessions, guides, databases, listings, and private discussion groups.  The Provider may also introduce discounts or bonuses to Participants upon the purchase of other products or services.

4- Limited License

By purchasing the Program, the Participant is granted a single-use, non-exclusive, non-transferable, revocable license to access, view and use the Program. The Participant is granted the right to download, store and print single copies of items comprising the Program except for all databases and listings.  All ownership rights in the intellectual property related to the Program remain with the Provider and the Participant may not use, reproduce or share any (including directory listings) of the content in any manner, without the express written consent of the Provider. Any violation of the copyright or trademark rights of the Provider shall result in immediate termination of access to the Program without refund.

5- Copyright

The material in the Program is covered by the provisions of the Copyright Act (Canada) and by other applicable laws, policies, regulations and international agreements that address intellectual property rights. Except as granted in the limited license, any use of the Program, including modification, transmission, presentation, distribution, republication, or other exploitation of the Program or of its content, whether in whole or in part, is prohibited without the prior written consent of the Provider. 

6- Course/Membership Registration

The Participant agrees to provide true, accurate, current and complete information as prompted by any registration form and to maintain and promptly update the information to ensure it remains true, accurate, current and complete. The Participant is responsible for maintaining the confidentiality of the password and account, and for all activities that occur under your account. In consideration of use of the Website, you agree to maintain and update true, accurate, current and complete Registration Data. If you provide any information that is untrue, inaccurate, not current or incomplete, or if the Provider has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Provider may suspend or terminate Program access without refund. The Provider reserves the right in its sole discretion, to terminate access of the Participant to the Program and the related services or any portion thereof at any time, if the Participant becomes disruptive to the Program or other Program participants, fails to follow the Program guidelines. In the event of a termination of the Program, the Participant shall not be entitled to a refund of any portion of the fees and shall not be excused from any remaining payments under a payment plan in the event of such termination.

7- Fees 

The fees for online courses and any membership programs shall be as set out in the Program website and offers from time to time. Prices may be subject to change within 7 days notice to the Participant. The fees charged by the Provider shall be subject to all applicable taxes as required by the taxing authorities in the jurisdiction of Provider.

8- Membership Fees and Renewals

If the Participant has subscribed to a membership site or program as a component of the Program, the Participant agrees to the following terms of membership subscription:

Automatic Renewal – Unless cancelled by the Participant in accordance with cancellation policy in Clause 9, all monthly or annual subscription plans of the Program shall automatically renew at the end of each subscription period.  

Subscription Pricing – The Provider agrees not to change the monthly or annual subscription fees during the initial subscription period as agreed on the Effective Date.  The Provider may change the subscription fees for subsequent renewal periods in accordance with Clause 7.

9- Cancellation Policy 

If you would like to cancel your membership, you may do so at any time using the ‘My Account’ page when logged into the membership Please note that you must cancel your subscription before it renews for a subsequent billing period in order to avoid being charged for the next billing period’s subscription fee. Upon cancellation, you will no longer have access to the membership, therefore, if you would like to finish having access for the billing period you are in, please cancel at the end of it but before the next billing date indicated on your last invoice. Please note that your guest and host listings will be removed from the database upon cancellation and will be unretrievable. The Participant shall not be charged by the Provider for any membership fees after the current membership period. 

10- Refund Policy

Because you get instant access to all listings for immediate use, there are no refunds available. However, you are welcome to cancel your subscription at any time. Please note that you must cancel your subscription before it renews for a subsequent billing period in order to avoid being charge for the next billing period’s subscription fee. No refunds will be given if you have missed canceling before the next renewal date. If you have extenuating circumstances, please contact us at hello@thepodcastcollaborative.com.

11- Passwords

Any passwords and user IDs used for the Program are for the Participant’s individual use only. The Participant is responsible for the security of their password and user ID (if any), and is responsible for all activities that occur under their user ID and password. The Participant agrees to notify the Provider immediately of any unauthorized use of their password or account or any other breach of security. The Provider will be entitled to monitor passwords and user IDs and, at its discretion, require Providers to change passwords. The Participant further agrees that the Provider will not be responsible for the unauthorized use of a Participant profile by any other person and is under no obligation to confirm the actual identity of any password or user ID. The Provider cannot and will not be liable for any loss or damage arising from a Participant’s failure to comply with these provisions.

12- Credit Card Authorization

By purchasing a Program with a payment plan or recurring membership fees, the Participant hereby authorizes the Provider to charge their credit card or other payment card automatically for any ongoing membership fees or payments owing as determined by the provisions of this Agreement.  

13- Privacy

The Provider agrees to protect all personal information collected from the Participant for the purpose of providing the Program in accordance with applicable privacy legislation in the Province of British Colubmia and if applicable, the jurisdiction of the Participant. The Participant agrees to the collection of use of the personal information in accordance with the Privacy Policy of the Provider for the purpose of delivering and administering the Program. The full privacy policy of the Provider is available here. In addition to receiving applicable Program correspondence via email or other electronic communication, the Participant expressly consents to receive any marketing correspondence from the Provider upon registration in the Program. The Participant may unsubscribe from any such marketing lists without affecting access to the Program.

As a directory member who creates a listing, your listing information will be publicly published. It will be stored in Google Forms, Sheets, Ninja Forms, and WordPress. The information is password protected and restricted to members only. However, by submitting your listing information, you are consenting to having the submitted information published publicly.

By submitting or uploading Content to the Services, you grant the Provider a worldwide, royalty-free, and non-exclusive license (i) to use, reproduce, modify, adapt and publish that Content for the purpose of providing the Services to you; and (ii) to create aggregations and summaries of the Content or portions thereof and to use, disclose, and distribute such aggregations publicly to any third party in support of our business (both during the period that these Terms are in effect, and thereafter), provided that such aggregations and summaries do not directly or indirectly identify you or your Content. If you delete Content, the Provider will use reasonable efforts to remove it from the Services. You acknowledge, however, that cached copies or other references to the Content may still be available.

Without limiting any of your representations or warranties with respect to the Content, the Provider has the right (but not the obligation) to reject or remove any Content, without liability or notice to you, that the Provider  believes, in the Provider’s  sole discretion: (i) violates these Terms or any Provider policy, (ii) violates or misappropriates the Intellectual Property Rights of any third party, or (iii) is in any way harmful or objectionable.

For further information on the Privacy Policy please visit here.

14- Legal Disclaimer – Not Professional Advice

The Provider provides the information contained in the Program to the Participant for informational and educational purposes only. The information contained in the Program, including any interactions with instructors and other members, and participation in any social media groups or chats, shall not be understood or construed as professional advice.  The Participant shall be required to use their own judgment in applying the information provided in the Program to their own personal circumstances and may wish to get additional professional advice where appropriate. The Podcast Collaborative is not responsible for any errors or omissions, or for the results obtained from the use of any information on this Program.  

Note that we have made an effort to provide screening information of joining members but have not worked directly with those listed and cannot vouch for a member’s reliability, experience, or skill. The Provider is not responsible for any interactions between members that occur. If you have a concern about your interactions with a particular member, please let us know.

15- Legal Disclaimer – Technology

The Provider shall not be liable for any losses or damages of any kind related to any websites, course hosting platforms or any other technology used in the delivery of the Program being unavailable or unusable for any reason whatsoever. The Participant hereby agrees that they have the necessary Internet connection and other technology in order to participate fully in the Program.

16- Limitation Of Liability

Subject to applicable law, in no event shall the Provider and its partners, employees, consultants, agents, volunteers, or licensors be liable for damages of any kind including, without limitation, any direct, special, indirect, punitive, incidental or consequential damages including, without limitation, any loss or damages in the nature of or relating to lost business, lost savings, lost data or lost profits arising from your use of, reliance upon, or inability to use the Program, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence), or otherwise. The foregoing limitation shall apply even if the Provider knew of or ought to have known of the possibility of such damages.

17- Disclaimer Of Warranties

The Program is provided “as is” and “as available”, without warranty or condition of any kind, either express or implied. The Provider expressly disclaims all warranties and conditions, including any statutory or implied warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment or non-infringement in respect to the Program, to the fullest extent permissible under applicable law. While the Provider endeavours to provide content that is correct, accurate and timely, no representations or warranties are made regarding the Program including, without limitation, the Providers provide no representation or warranty that (i) the Program will be accurate, reliable, complete, current, timely or suitable for any particular purpose, (ii) that the operation of the course hosting platform will be uninterrupted or error-free, (iii) that defects or errors in the Program will be corrected, (iv) that the course/membership hosting platform will be free from viruses, malware, worms or other harmful components, and (v) that communications to or from the course/membership hosting platform will be secure and/or not intercepted. You acknowledge and agree that you are using the Program at your own risk and liability.

18- Release And Indemnity

The Participant hereby agrees to release the Provider and their partners, employees, consultants, agents, volunteers and licensors from, and in no event shall any or all of the Providers and their partners, employees, consultants, agents, volunteers or licensors be liable to you or any other person or entity, for any and all liabilities and damages (including any direct, indirect, special, exemplary or consequential damages, including lost profits) whatsoever arising from your use of the Program (including any breach by you thereof), or otherwise relating to this Agreement and you agree that your sole remedy for any claim, loss, damage, costs or expenses is to cease using the Program. The Participant will indemnify and hold harmless the Provider and its partners, employees, consultants, agents, volunteers or licensors from and against any claims, losses, judgments, damages, costs and expenses (including without limitation, reasonable legal fees) incurred by any of them due to or resulting from your use of the Program or otherwise relating to this Agreement (including any breach by you thereof). The Participant will also indemnify and hold harmless the Provider and their partners, employees, consultants, agents or licensors from and against any claims brought by third parties arising out of your use of the Program or its content.

19- Governing Law and Jurisdiction

The Program is operated by the Provider within the Province of British Columbia, Canada. By accessing or using the Program, the Participant agrees that all matters relating to your access to, or use of the Program and its content shall be governed by the laws of the Province of British Columbia, and the federal laws of Canada applicable therein, without regard to conflict of laws principles. The Participant agrees and hereby submits and attorns to the exclusive jurisdiction of the courts of the Province of British Columbia, with respect to all matters relating to their access to and use of the Program.

20- Customer Service Requests

If you have questions or comments or need to provide notice of any kind to the Provider regarding Programs including cancellations or refunds of your Program fees, please email us at hello@thepodcastcollaborative.

21 – Podcast & Guest Services

This membership is not intended for those who offer podcast related services or guest booking services to list themselves or to network for visibility of services. Participants may join, create a listing and network in another applicable topic. 

22- No Solicitation

Under no circumstances may the Participant solicit other Participants for the purpose of gaining leads/clients or selling any type of offer.

23- Additional Info 

a. The content, format, type and features of the membership may be subject to change as deemed appropriate by the Provider.
b. Each member is entitled to create one host listing per podcast that they own and one guest listing.
c. This directory is for single use. If you are planning to use the directory for more than one client, it will be required to purchase additional memberships. 

24- Entire Agreement

This is the entire agreement between the Participant and the Provider relating to your access and use of the Program and the content therein.