Terms and Conditions

Welcome to www.uninvisiblepod.com (the “Site” or “we” or “our” or “us”) the home of the podcast known as “Uninvisible Pod” (“Uninvisible” or “Podcast”). This agreement is between you and Uninvisible Media, LLC, (“Uninvisible Media”) the owner of Uninvisible and the Site. Uninvisible is a support podcast that provides information, ideas, suggestions, and experiences that deal squarely with medical issues that present unique advocacy issues for individuals. We do not provide medical advice of any kind. We do provide support, concepts, ideas, discussions, and information you can use to help make sure that you are being heard and that your concerns are being addressed. Please consult with your physician for any medical issue that you are facing – but we will be here for you along your journey. We welcome all comments about our episodes and, of course, the correction of any errors. Your use of this Site is governed by these Terms and Conditions and our Privacy Policy, which is incorporated herein. The opinions expressed by guests in the Podcast and made available from time on this Site are those of the guests and are not necessarily the opinion of Uninvisible or the show’s producers or sponsors. Most of all, we welcome your stories and experiences to share with our community because without you, this community and the benefit it offers all of us would not exist. Any advertising that you may hear is accepted without regard to our editorial content. Of course, in the event that you are having a medical emergency of any kind, consult your physician or emergency services.

By using the Site, you agree to be bound by these Terms and Conditions, and you agree to use the Site in accordance with these Terms and Conditions, our Privacy Policy, and any additional terms and conditions that may apply to specific sections of the Site, or to products and services available through the Site, or from The Uninvisible Podcast.

A. PRIVACY POLICY. Uninvisible Media respects your privacy rights and permits you to control the treatment of your personal information. Your privacy rights as a user of this Site are governed by our Privacy Policy which is incorporated herein as though set forth at length. Please review our Privacy Policy regularly so that you are familiar with our rights to use any information that you provide to us and your rights to access, change and delete such information.

B. GOVERNING LAW. These Terms and Conditions are governed by the law of the State of California, conflicts of laws rules notwithstanding. You further agree that the courts of the State of California, County of Los Angeles will have exclusive jurisdiction over any claims arising from your use of this Site or any podcast episode.

C. AGE. Uninvisible Media does not knowingly collect, either online or offline, personal information from persons under the age of 13. The Site is intended only for users aged 13 or older. Individuals under the age of 13 are strictly prohibited from leaving comments on the Site or subscribing to Podcast mailing list and the comments or subscriptions of any such person shall be terminated upon detection.

D. USER-PROVIDED INFORMATION. To access certain features of the Site, we may ask you to provide certain information, such as name and e-mail address. You agree to provide true, accurate, current, and complete information about yourself as prompted by any of the Site’s data entry forms.

E. CONTENT. By sending, posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content to the Site, you are granting the Site and Uninvisible Media and its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use, copy, distribute, transmit, display, reproduce, edit your content. And by posting content to the Site, you warrant that you own the rights to the content and/or are authorized to post, display, and/or transmit the content. You agree not to post, display, perform, transmit any content that are libelous, defamatory, obscene, pornographic, abusive, or threatening, that advocates or encourages conduct that could constitute a criminal offense or give rise to civil liability, or otherwise violates any applicable local, state, national, or foreign law or regulation, or that advertises or otherwise solicits funds or is a solicitation for goods or services.

Uninvisible Media reserves the right to terminate your transmission, or other distribution of any such material using the Site, and, if applicable, to delete any such material from its servers.

F. DOWNLOADS AVAILABLE THROUGH THIS SITE. Any downloads, including but not limited to video and audio files (e.g. mp3, AAC, FLAC, OGG, WMA, PCM, AIFF, avi, mpk, mpeg, mp4, etc.), that are made available to access, use, view and/or download in connection with this Site or any services provided here from, including but not limited to applications, podcasts, audio streaming, or video streaming, is owned or controlled by us and/or licensors, affiliates and suppliers, and is protected by copyright laws and international treaty provisions. Your use of such downloads is limited to private, non-commercial use and is governed by the Terms and Conditions of the Site. We accept no responsibility or liability in connection with any downloads owned or controlled by third parties.

G. OUR RIGHT TO TERMINATE. The Site reserves the right to refuse or cancel service, terminate subscriptions, or remove or edit content in our sole discretion without undertaking any obligation to do so. In the event that we receive information that indicates that any content that you have repeatedly provided to the Site or that any content that you have provided for use in any podcast violates the rights of any third party including copyright, we maintain and reasonably enforce a policy terminating any subscriptions that you may have with us so as prevent any further abuse. Termination of your access to this Site removes your authorization to use this Site. In the event of termination, you will still be bound by your obligations under these Terms and Conditions, and any additional terms, including any warranties made by you, and by the disclaimers and limitations of liability. Additionally, we shall not be liable to you or any third party for any termination of your access to this Site or any portion thereof.

H. AFFILIATED SITES. Uninvisible Media has no control over, and no liability for any third-party websites or materials. Neither Uninvisible Media nor the Site has control over the content and performance of these partner and affiliate sites, Uninvisible Media makes no guarantees about the accuracy, currency, content, or quality of the information provided by such third party websites or materials, and Uninvisible Media assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on such websites or materials.

You acknowledge and agree that Uninvisible Media makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third-party content, and that, unless expressly provided otherwise, these Terms and Conditions shall govern your use of any and all third-party content.

I. PROHIBITIONS. You are prohibited from violating or attempting to violate any security features of the Site, including, without limitation
• accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access;
• attempting to probe, scan, or test the vulnerability of the Site, or any associated system or network;
• breaching security or authentication measures without proper authorization, interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site;
• overloading, “flooding,” “spamming,” “mail bombing,” or “crashing”;
• using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services;
• forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; and/or
• attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by The Uninvisible Podcast in providing the Site or Service.

J. LIMITATION OF LIABILITY. THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES. THIS SITE IS CONTINUALLY UNDER DEVELOPMENT AND WE MAKE NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. WE MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE AND/OR OUR CONTENT PROVIDERS, PARTNERS OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE OR ANY OF OUR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

K. EXCEPTIONS. Some jurisdictions do not allow the disclaimer, exclusion or limitation of certain warranties, liabilities and damages, so some of the above disclaimers, exclusions and limitations may not apply to you. In such jurisdictions, our liability will be limited to the fullest extent permitted by applicable law.

L. INDEMNIFICATION. You agree to indemnify, defend, and hold harmless the Site and Uninvisible Media, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from any submission that you make to the Site or for use in any podcast or arising out of, directly or indirectly, your access to or use of the Site, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. Uninvisible Media will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

M. MODIFICATION/TERMINATION OF THE SITE. We reserve the right, in our sole discretion, to modify, suspend, or terminate this Site and/or any portion thereof, including any service provided through the Site, and/or your subscription, password, or use of any such service, or any portion thereof, at any time for any reason with or without notice to you.

N. SEVERABILITY. If any term, provision, covenant, or condition of these Terms and Conditions is held determined to be invalid, void, or unenforceable, the remaining terms set forth herein shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.

O. ENTIRE AGREEMENT; WAIVER. These Terms and Conditions constitute the entire agreement between you and Uninvisible Media pertaining to the Site and any services provided by the Site. These Terms and Conditions supersede all prior and contemporaneous agreements, representations, and understandings between you and us.
No waiver of any of the provisions of these Terms and Conditions by us shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. Further, no waiver shall be binding unless executed in writing by us.

P. AMENDMENTS. We reserve the right to change or amend these Terms and Conditions or to impose new conditions on use of the Site, in which case we will post the revised Terms and Conditions on this page. Where we deem it appropriate, we will also place notice on an appropriate area of the Site. We May also, in some instances, notify you via email. You can tell which version of the Terms and Conditions we are using by locating the “version number” at the bottom of this page. By continuing to use the Site after we post any such changes, you accept the Terms of Service, as modified.

Q. NOTICES. All notices, requests, demands, and other communications under these Terms and Conditions shall be in writing to us at uninvisiblepod@gmail.com.

R. COPYRIGHT INFRINGEMENT CLAIMS. Uninvisible maintains and strictly enforces a policy against repeat copyright infringement including the termination of any account receiving multiple copyright infringement claims. Any notice concerning any claim of copyright infringement should be addressed to:
Uninvisible Media, LLC
COPYRIGHT INFRINGEMENT CLAIM
2633 Lincoln Blvd #306
Santa Monica, CA 90405

S. CALIFORNIA. Pursuant to the terms of The Electronic Commerce Act of 1984 please be advised that as may be applicable to you under California Law if you are unsatisfied with the manner in which a complaint that you may have regarding the Uninvisible service you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 1625 N. Market Blvd., Ste N-112, Sacramento, CA 95834-1924 or by telephone at 1-800-952-5210.

Uninvisible Media welcomes your questions or comments regarding the Terms and Conditions, so please use our contact form that can be found by clicking the “Contact Us” link in the header of the Site.
v1.02 – 20200228
©2020 Uninvisible Media, LLC. All Rights Reserved.

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