Terms of Service

1. Acceptance and Eligibility

You must be at least 13 years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 13 years old; (b) you have not previously been suspended or removed from the Service; and (c) your use of the Service is in compliance with any and all applicable laws and regulations.

2. Description of Service

Podmoments.com is a platform for podcast discovery. We use technology to link to curated clips ("Moments") from publicly available podcasts to help users find new content and creators.

3. Intellectual Property and Fair Use

A. Ownership of Underlying Content: Podmoments does not claim ownership of the underlying podcast content. All original content from podcasts, including but not limited to audio, guest likenesses, music, and trademarks, are the exclusive property of their respective owners (the "Podcast Creators").

B. Our Service: All rights, title, and interest in and to the Service itself (including its code, "look and feel," text, graphics, logos, and our original text) are and will remain the exclusive property of Podmoments and its licensors.

C. Fair Use Acknowledgment: Podmoments operates on the good-faith belief that the linking to and display of short, transformative "Moments" for the purposes of commentary, criticism, research, discovery, and promotion constitutes a "fair use" of copyrighted material as provided for in 17 U.S.C. § 107. The Service is designed to be transformative by adding new context and utility, driving traffic back to the original Podcast Creators.

D. No Rights Granted: The availability of "Moments" on the Service does not grant, and shall not be construed as granting, any license or right to the underlying podcast content from the Podcast Creators.

4. Your Limited License to Use the Service

Subject to your complete and ongoing compliance with these Terms, Podmoments grants you a limited, non-commercial, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Service for your personal, informational, and discovery purposes.

Restrictions: This license is subject to the following restrictions. You may not:

• Download or Copy: Reproduce, download, distribute, or publicly display the "Moments" separate from the Service's intended functionality (e.g., you may not "rip" or record the clips).
• Commercial Use: Use the Service for any commercial purpose, including selling access to the Service, or using the clips in your own advertising, without our express prior written consent.
• Modify or Circumvent: Modify, circumvent, disable, or otherwise interfere with any security-related features of the Service, including any features that prevent or restrict the use or copying of any content.
• Scrape or Data Mine: Use any automated means (such as "bots," "scrapers," or "spiders") to access, query, or otherwise collect information or content from the Service.
• Reverse Engineer: Decompile, disassemble, or reverse engineer any part of the Service.

5. User Conduct

In using the Service, you agree not to:

• Violate any local, state, national, or international law.
• Use the Service in any manner that is defamatory, harassing, abusive, fraudulent, or obscene.
• Share "Moments" in a context that is misleading, false, or defamatory, or that infringes on the rights of any third party (including the original Podcast Creators).
• Interfere with or disrupt the Service or the servers or networks connected to the Service.

6. Copyright Policy (DMCA)

Podmoments respects the intellectual property rights of Podcast Creators. While we believe our use is "fair use," we provide a clear process for copyright holders to request the removal of content from the directory.

If you are a copyright owner (or an agent thereof) and you believe that any content on the Service infringes upon your copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA"). Your notice must include in writing the following information (the "DMCA Notice"):

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• Identification of the copyrighted work claimed to have been infringed.
• Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material (e.g., the specific URL(s) on Podmoments.com).
• Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and email address.
• A statement that you have a good faith belief that use of the material in the manner complained of is not "fair use" and 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 you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Our form to DMCA Notices is:
https://podmoments.com/contact
support@exalto.ai

Upon receipt of a valid DMCA Notice, we will respond expeditiously to remove or disable access to the allegedly infringing material.

7. Termination and Content Removal

We reserve the right, in our sole and absolute discretion, to terminate, suspend, or modify your access to the Service (or any part thereof) at any time, for any reason or for no reason, without prior notice or liability to you.

We also reserve the right to remove or disable access to any "Moment" or other content on the Service at any time, without notice, for any reason, including but not limited to, upon receipt of a copyright claim or if we believe it violates these Terms.

8. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.

TO THE FULLEST EXTENT PERMITTED BY LAW, PODMOMENTS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS (THE "PODMOMENTS PARTIES") DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF.

THE PODMOMENTS PARTIES DO NOT WARRANT OR REPRESENT THAT: (I) THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE; (II) THE "MOMENTS" OR ANY INFORMATION ON THE SERVICE ARE ACCURATE, COMPLETE, OR RELIABLE; (III) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PODMOMENTS OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE PODMOMENTS PARTIES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING LOSS OF PROFITS, LOSS OF DATA, OR GOODWILL) RESULTING FROM ANY:

• (I) YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICE;
• (II) ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT;
• (III) ANY CONTENT, CONDUCT, OR OMISSIONS OF ANY THIRD PARTY ON THE SERVICE;
• (IV) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS;
• (V) ANY BUGS, VIRUSES, OR TROJAN HORSES THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE.

THIS LIMITATION OF LIABILITY SHALL APPLY REGARDLESS OF THE LEGAL THEORY (WHETHER WARRANTY, CONTRACT, TORT, OR OTHERWISE) AND WHETHER OR NOT PODMOMENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10. Indemnification

You agree to defend, indemnify, and hold harmless Podmoments and its officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from:

• (i) Your use of and access to the Service;
• (ii) Your violation of any term of these Terms;
• (iii) Your violation of any third-party right, including without limitation any copyright, property, or privacy right. This includes, but is not limited to, any claims arising from your sharing or re-posting of "Moments" on other platforms or in any context that is alleged to be infringing or defamatory.

This indemnification obligation will survive these Terms and your use of the Service.

11. Governing Law, Arbitration, and Class Action Waiver

A. Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.

B. Binding Arbitration: YOU AND PODMOMENTS AGREE THAT ANY AND ALL DISPUTES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICE WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, rather than in court.

C. Class Action Waiver: YOU AND PODMOMENTS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

12. General Terms

A. Changes to Terms: We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will notify you of material changes by posting the new Terms on this page and updating the "Last Updated" date.

B. Severability: If any provision of these Terms is held to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

C. Entire Agreement: These Terms, together with the Privacy Policy, constitute the entire and exclusive agreement between you and Podmoments regarding the Service, and supersede and replace any prior agreements.