Podmob

Terms of Use and Service

Last revised: November 30, 2023

Welcome to Podmob! Thank you for downloading our app or visiting our website. We hope you love our product as much as we do! We have been told that we need to provide you with all of the information below so please keep reading.

These Terms of Use and Service (“Terms”) constitute a legally binding contract between you, an individual user (“you” or “your”) and Whatcha, Inc, a Delaware corporation ("Whatcha" "Podmob" "we," “our,” or “us”) governing your use of the mobile software application that Whatcha makes available for download (the “App”), the related website located atwww.podmob.com and any other online properties owned or controlled by or on behalf of Whatcha (the “Website”) (the App and the Website collectively are the “Service”). BY INSTALLING OR OTHERWISE ACESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AGREE AND HAVE THE CAPACITY TO BE BOUND BY THE AGREEMENT, THE PODMOB PRIVACY POLICY, AND THE OTHER APPLICABLE RULES, POLICIES AND TERMS POSTED ON THE APP OR WEBSITE OR PROVIDED WITH THE SERVICE (THE “AGREEMENT”). IF YOU DO NOT AGREE TO BE BOUND BY THE AGREEMENT, YOU MAY NOT USE THE SERVICE.

We reserve the right to amend this Agreement at any time in our sole discretion by posting the revised Agreement on the www.podmob.com website and application. Your continued use of the Service after any such changes constitutes your acceptance of the revised Agreement. This Agreement applies to all visitors, users, and others who access the Service, regardless of if they are a registered user of our Service (“Users").

Material Terms. As provided in greater detail in this Agreement (and without limiting the express language of this Agreement), you acknowledge the following:

•    We provide the Service to you on an “as is” basis without warranties of any kind and Whatcha’s liability to you is limited;

•    The Service is licensed, not sold to you, and you may use the Service only as set forth in this Agreement;

•    The use of the Service may be subject to separate third-party terms of service and fees, including, without limitation, your mobile network operator’s (the “Carrier”) terms of service and fees, including fees charged for data usage and overage, which are your sole responsibility;

•    You consent to the collection, use and disclosure of your personally identifiable information in accordance with Podmob’s Privacy Policy, available at podmob.com/privacy;

•    If you are using the App on an iOS-based device, then you agree to and acknowledge the “Notice Regarding Apple,” below; and

•    If you Post (as defined below) any Objectionable Content (as defined below) on the Service, then we may, but have no obligation to, take any remedial action that we, in our sole discretion deem necessary and/or appropriate under the circumstances, including, without limitation, suspending or terminating your Account (as defined below), removing all of your User Content (as defined below) from the Service and/or reporting you to law enforcement authorities.

1.  Services.

1.1.    Account Creation. Podmob provides a place for you to discover, organize and share podcasts with friends and our community. You do not have to register in order to visit Podmob but to access certain features of the Service, including creating "lists" to organize what you want to listen to, and posting podcast likes, reviews or ratings, you will need to register with Podmob and create an account (“Account”) and provide certain information about yourself as prompted by the account registration form. You may delete your Account at any time, for any reason, by emailing us at sup@podmob.com. Podmob may suspend or terminate your Account from time to time and in its sole discretion, without notice and liability for any reason.

1.2.    Account Responsibilities. You are responsible for maintaining the confidentiality of your Account login information and you agree that you are fully responsible for all activities that occur under your Account. You agree to immediately notify Podmob of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. You are solely responsible for your interactions with other Podmob users. We reserve the right, but have no obligation, to monitor disputes between you and other users. Podmob shall have no liability for your interactions with other users, or for any users’s action or inaction. Podmob cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

1.3.    Account Privacy. You may control your profile visibility and how other members interact with you by selecting the “Settings” icon on your profile page. By providing Podmob your email address you consent to our using the email address in accordance with our Privacy Policy.

2.  Access and Use of Service.

2.1.    License. Subject to these Terms and your compliance with this Agreement, Podmob grants you a non-transferable, non-exclusive, revocable, non-sublicensable, limited license to use and access the Service solely for your own personal, noncommercial use.

2.2.    Certain Restrictions. The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Service, including, but not limited to, the commercial use of any part of the Service, or its contents and/or the collection and use of any movie, show, book or podcast listings, description, review, rating or other material included in the Service; whether in whole or in part, or any content displayed on the Service; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Service; (c) you shall not access the Service in order to build a similar or competitive website, product, or service; (d) you may not download, copy, or other use of account information for the benefit of any third party; (e) you may not use or data mining, robots, or similar data gathering and extraction tools in connection with the Service; and (f) except as expressly agreed by written consent, no part of the Service may be copied, reproduced, distributed, republished, downloaded, visited, resold, displayed, posted or transmitted in any form or by any means or otherwise exploited for any commercial purpose. All rights not expressly granted to you in this Agreement are reserved and retained by us or our licensors, suppliers, publishers, unitholders, or other content providers. Unless otherwise indicated, any future release, update, or other addition to functionality of the Service shall be subject to these Terms. You further agree not to frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Podmob without our express written consent. You may not use any meta tags or any other "hidden text" utilizing our name or trademarks without our express written consent. You may not misuse the Service. You may use the Service only as permitted by law. The licenses granted by us terminates if you do not comply with this Agreement. All copyright and other proprietary notices on the Service (or on any content displayed on the Service) must be retained on all copies thereof.

2.3.    Modification, Suspension and Termination. Podmob reserves the right, at any time, to permanently or temporarily terminate, modify, suspend, discontinue or otherwise refuse to permit your access to the Service (in whole or in part) without notice and liability for any reason, including if in Podmob' sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement. You agree that Podmob will not be liable to you or to any third party for any modification, suspension, discontinuation or termination of the Service or any part thereof.

2.4.    No Support or Maintenance. You acknowledge and agree that Podmob will have no obligation to provide you with any support or maintenance in connection with the Service. The Service is subject to scheduled and unscheduled service interruptions. All aspects of the Service are subject to change or elimination at Podmob‘s sole discretion. You agree that Podmob will not be liable to you or any third party for any interruption of the Service, delay or failure to perform.

2.5.     Ownership. Excluding any User Content that you may provide (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Service and its content are owned by Podmob or Podmob’s suppliers. Neither these Terms (nor your access to the Service) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section 2.1 and subject to the restrictions in Section 2.2. Podmob and its suppliers reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms.

3.  User Content.

3.1.    User Content. Some aspects of the Service may allow users to upload, publish, display, link to or otherwise make available (hereinafter, “Post”) reviews, ratings, lists, likes, and other information. “User Content” means any and all information and names, voices and likenesses or content that a user submits to, or uses with, the Service. You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. You hereby represent and warrant that your User Content does not violate our Acceptable Use Policy (defined in Section 3.3). You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by Podmob. Because you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. Podmob is not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire.

3.2.    License Grant. You hereby grant (and you represent and warrant that you have the right to grant) to Podmob an irrevocable, nonexclusive, royalty-free, perpetual, fully sublicensable and fully paid, worldwide license to reproduce, distribute, publish, display, modify, adapt, translate, and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights throughout the world in any media. You represent and warrant that you own or otherwise control all of the rights to the content that you Post and that the content you Post is accurate; that use of the content you Post and your User Content does not violate this Agreement and will not cause injury to any person or entity; and that you will indemnify Podmob for all claims resulting from content or Posts you supply, including your User Content. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your Posts or User Content.

3.3.    Acceptable Use Policy. We want our Service to be as open and inclusive as possible, but we also want it to be secure, safe, and in accordance with the law. So, we need you to commit to a few restrictions in order to be part of the Podmob community. The following terms constitute our “Acceptable Use Policy” and by using our Service you are agreeing that:

(a) You will not use the Service to collect, upload, transmit, display, or distribute any information and/or User Content (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party, as Podmob may determine in its sole and absolute discretion (collectively, “Objectionable Content”). The Posting of any Objectionable Content may subject you to third party claims and none of the rights granted to you in this Agreement may be raised as a defense against any third party claims arising from your Posting of Objectionable Content. You also agree not to use the Service for illegal or unlawful purposes, including, without limitation, to stalk any other User or to encourage any User to harm themselves or any other person. If you encounter any Objectionable Content on the Service then please immediately email Podmob at sup@podmob.com or inform us through the functionality offered on the Service. You acknowledge and agree that Podmob provides you with the ability to report Objectionable Content as a courtesy, and Podmob has no obligation to remove or take any other action with respect to any Objectionable Content on the Services that you report to use. However, Podmob, in its sole discretion may take any actions it deems necessary and/or appropriate against any User who Posts Objectionable Content on the Service, including, but not limited to, warning the User, suspending or termination the User’s Account, removing all of the User’s content posted on the Service, and/or reporting the User to law enforcement authorities, either directly or indirectly

(b) In addition, you agree not to: (i) upload, transmit, or distribute to or through the Service any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the Service unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use the Service to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Service, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Service (or to other computer systems or networks connected to or used together with the Service), whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Service; or (vi) use software or automated agents or scripts to produce multiple accounts on the Service, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Service (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Service for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file).

(c) THIS SERVICE IS NOT FOR PERSONS UNDER THE AGE OF 13 OR FOR ANY USERS PREVIOUSLY SUSPENDED OR REMOVED FROM THE SERVICE BY Podmob. IF YOU ARE UNDER 13 YEARS OF AGE, YOU MUST NOT USE OR ACCESS THE SERVICE AT ANY TIME OR IN ANY MANNER. Furthermore, by accessing or using the Service and in return for the Service, you agree that (i) you are at least 18 years of age or you have been authorized to use the Service by your parent or legal guardian who is at least 18 years of age, (ii) you are not prohibited from receiving any aspect of our Service under applicable laws; (iii) we have not previously disabled your account for violation of law or any of our policies; and (iv) you are not a convicted sex offender.

3.4.     Enforcement. We reserve the right (but have no obligation) to review any Posts and User Content, and to investigate and/or take appropriate action against you in our sole discretion if you Post Objectionable Content, violate the Acceptable Use Policy, or violate any other provision of these Terms or the Agreement. Such action may include, but are not limited to, warning the User, suspending or termination the User’s Account, removing all of the User’s Content posted on the Service, and/or reporting the User to law enforcement authorities, either directly or indirectly

4.  Podmob’s Proprietary Rights.

4.1.    General. Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, titles, descriptions, lists, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content (the “Podmob Content”), and all intellectual property rights related thereto, are the exclusive property of Podmob and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such intellectual property rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Service. Use of the Podmob Content or the Service for any purpose not expressly permitted by this Agreement is strictly prohibited.

4.2.    Feedback. If you provide Podmob with any feedback, ideas or suggestions regarding the Service (“Feedback”), you hereby assign to Podmob all rights in such Feedback and agree that Podmob shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. You agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Podmob under any fiduciary or other obligation, and that we are free to use the Feedback without any additional compensation to you, and/or to disclose the Feedback on a non-confidential and non-proprietary basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Podmob does not waive any rights to use similar or related ideas or feedback previously known to Podmob, or developed by its employees, or obtained from sources other than you.

5.  Indemnification. You agree to indemnify and hold Podmob (and its officers, employees, managers, members and agents) harmless, including costs and attorneys’ fees, from any claim, obligation, loss, liability, debt, expense or demand made by any third party due to or arising out of (a) your use of or access to the Service, including any data or content transmitted or received by you; (b) your violation of these Terms, including without limitation your breach of any of the representations and warranties above; (c) our violation of any third-party right, including without limitation any right of privacy, publicity rights or intellectual property rights; (d) your violation of applicable laws or regulations; (e) your User Content; or (f) any other party’s access or use of the Service with your unique username, password or other appropriate security code. Podmob reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Podmob. Podmob will use reasonable efforts to notify you of any such claim, demand, action or proceeding upon becoming aware of it.

6.  Third-Party Links & Ads; Other Users.

6.1.    Third-Party Links & Ads. Podmob and the Service may contain links to third-party websites and services, and/or display advertisements for third parties (collectively, “Third-Party Links & Ads”). Such Third-Party Links & Ads are not under the control of Podmob, and Podmob is not responsible for any Third-Party Links & Ads. Podmob provides access to these Third-Party Links & Ads as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Links & Ads. We encourage you to be aware of when you leave the Service, and to read the terms and conditions and privacy policy of any third-party website or service that you visit.

6.2.    Other Users. Each User is solely responsible for any and all of its own User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others. We make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content. Your interactions with other Users are solely between you and such users. You agree that Podmob will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any User, we are under no obligation to become involved.

6.3.    Release. You hereby release and forever discharge Podmob (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Service (including any interactions with, or act or omission of, other Users or any Third-Party Links & Ads). Additionally, your dealings or participation in promotions of advertisers found on Podmob, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such Third-Party Links & Ads. You agree that Podmob shall not be responsible for any loss or damage of any sort relating to your dealings with any Third-Party Links & Ads. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

7.  Disclaimers.

THE SERVICE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE OR APPLICATIONS) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, Podmob MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, AS TO THE OPERATION OF THE SERVICE, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE OR APPLICATION) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Podmob EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF, AND ONLY IF, APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SERVICE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

8.  Limitation on Liability.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Podmob (OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SERVICE, EVEN IF Podmob HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICE IS AT YOUR OWN DISCRETION AND YOUR OWN RISK.

9.  Term and Termination. Subject to this Section, these Terms will remain in full force and effect while you use the Service. We may suspend or terminate your rights to use the Service (including your Account) at any time for any reason at our sole discretion, including for any use of the Service in violation of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use the Service will terminate immediately. You understand that any termination of your Account may involve deletion of the User Content associated with your Account. Podmob will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your Account or deletion of your User Content. Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 2.2 through 2.5, Section 3 and Sections 4 through 11.

10.  Copyright Policy. Podmob respects the intellectual property of others and asks that users of our Service do the same. In connection with our Service, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our online Service who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Service, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:

(1) your physical or electronic signature;

(2)  identification of the copyrighted work(s) that you claim to have been infringed;

(3) description of the material on our services that you claim is infringing and that you request us to remove;

(4) sufficient information to permit us to locate such material;

(5)  your address, telephone number, and e-mail address;

(6) a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and

(7) a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.

Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorneys fees incurred by us in connection with the written notification and allegation of copyright infringement.

The designated Copyright Agent for Podmob is:

Whatcha, Inc

Attention: DMCA Notice

sup@podmob.com

11.  General.

11.1.    Choice of Law. This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of Colorado, without regard to its conflict of laws rules.

11.2.    Dispute Resolution. The parties hereby agree on behalf of themselves and any person claiming by or through them, that the sole jurisdiction and venue for any litigation arising from or relating to this Agreement will be an appropriate federal or state court located in Boulder County, Colorado.

11.3.    Export. The Service may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from Podmob, or any products utilizing such data, in violation of the United States export laws or regulations.

11.4.    Electronic Communications; Notice. The communications between you and Podmob use electronic means, whether you use the Service or send us emails, or whether Podmob posts notices on the Service or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Podmob in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Podmob provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights.

11.5.    Entire Agreement, Waiver. These Terms constitute the entire agreement between you and us regarding the use of the Service. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Podmob’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Podmob may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.

11.6.    Copyright/Trademark Information. Copyright © 2023. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Service are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.

11.7.    Contact Information: This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of Colorado, without regard to its conflict of laws rules.