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Terms & Conditions

A Legal Disclaimer

PLEASE READ THIS AGREEMENT CAREFULLY. IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR ACCESS TO THE PODCAST.

THESE TERMS REQUIRE YOU ARBITRATE ANY DISPUTES YOU HAVE WITH US AND YOU WAIVE THE ABILITY TO BRING CLAIMS AGAINST US IN A CLASS ACTION FORMAT.

Terms & Conditions 

I. Podcast Content, Ownership, Limited License and Rights of Others

  1. Content. The Podcast contains a variety of: (i) materials and other items relating to Odysseys in Art Crime, hereafter known as "OAC," "the podcast," or "the Company", and its products and services, and similar items from our licensors and other third parties, including all layout, information, articles, posts, text, data, files, images, scripts, designs, graphics, button icons, instructions, illustrations, photographs, audio clips, show content, music, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the "look and feel" of the Podcast, and the compilation, assembly, and arrangement of the materials of the Podcast and any and all copyrightable material (including source and object code); (ii) trademarks, trade dress, logos, trade names, service marks, and/or trade identities of various parties, including those of the Company (collectively, "Trademarks"); and (iii) other forms of intellectual property (all of the foregoing, collectively "Content"). NO CONTENT IS INTENDED TO CONSTITUTE PROFESSIONAL ADVICE, WHETHER MEDICAL, FINANCIAL, LEGAL OR OTHERWISE. COMPANY AND THOSE POSTING OR OTHERWISE PROVIDING INFORMATION, CONTENT OR MATERIAL ARE NOT RESPONSIBLE OR LIABLE FOR ANY CONSEQUENCES RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, CONTENT OR OTHER MATERIAL ON THE PODCAST. You understand that by using and accessing the Podcast, you may encounter Content that you may deem to be offensive or objectionable, and that such Content may or may not be identified as having explicit material. Nevertheless, you agree to the use of the Podcast at your sole risk and OAC shall have no liability to you for material that may be found to be offensive or objectionable.

  2. Ownership. The Podcast (including past, present, and future versions) and the Content are owned or controlled by Company, our licensors and/or certain other third parties. All right, title, and interest in and to the Content available via the Podcast is the property of Company or our licensors or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent, and/or other intellectual property and unfair competition rights and laws to the fullest extent possible. Company owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Podcast.

  3. Limited License. Subject to your strict compliance with these Terms and any Additional Terms, Company grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to: (i) download (temporary storage only), display, view, use, play, and/or print one copy of the Content (excluding source and object code in raw form or otherwise, other than as made available to access and use to enable display and functionality) on a personal computer, mobile phone or other wireless device, or other Internet enabled device (each, a "Device") for your personal, non-commercial use only. The foregoing limited license: (i) does not give you any ownership of, or any other intellectual property interest in, any Content, and (ii) may be immediately suspended or terminated for any reason, in Company's sole discretion, and without advance notice or liability. In some instances, we may permit you to have greater access to and use of Content, subject to certain Additional Terms.

  4. Rights of Others. When using the Podcast, you must respect the intellectual property and other rights of Company and others. Your unauthorized use of Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.

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II. Podcast and Content Use Restrictions

  1. Podcast Use Restrictions. You agree that you will not: (i) use the Podcast for any political or commercial purpose (including, without limitation, for purposes of advertising, soliciting funds, collecting product prices, and selling products); (ii) use any meta tags or any other "hidden text" utilizing any Trademarks; (iii) engage in any activities through or in connection with the Podcast that seek to attempt to or do harm any individuals or entities or are unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, bullying, harassing, or abusive, or that violate any right of any third party, or are otherwise objectionable to Company; (iv) reverse engineer, decompile, disassemble, reverse assemble, or modify any Podcast source or object code or any software or other products, services, or processes accessible through any portion of the Podcast; (v) engage in any activity that interferes with a user's access to the Podcast or the proper operation of the Podcast, or otherwise causes harm to the Podcast, Company, or other users of the Podcast; (vi) interfere with or circumvent any security feature of the Podcast or any feature that restricts or enforces limitations on use of or access to the Podcast, the Content, or the User-Generated Content (defined below); (vii) harvest or otherwise collect or store any information (including personally identifiable information about other users of the Podcast, including email addresses, without the express consent of such users); (viii) attempt to gain unauthorized access to the Podcast, other computer systems or networks connected to the Podcast, through password mining or any other means; (ix) submit any software or other materials that contain any viruses, worms, Trojan horses, defects, date bombs, time bombs, or other items of a destructive nature; (x) manipulate identifiers, including by forging headers, in order to disguise the origin of any User Content that you submit; (xi) "frame" or "mirror" any part of the Podcast; (xii) remove any copyright, trademark, or other proprietary rights notices contained on the Podcast; (xiii) use any computer program, bot, robot, spider, offline reader, site search/retrieval application, or other manual or automatic device, tool, or process to retrieve, index, data mine, or in any way reproduce or circumvent the security structure, navigational structure, or presentation of the Content or the Podcast. Operators of public search engines may use spiders to copy materials from the Podcast 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. We may revoke this exception at any time and require removal of archived materials gathered in the past; (xiv) use any automated software or computer system to search for, reserve, buy, or otherwise obtain discount codes, promotional codes, vouchers, credits, gift cards, or any other items available on the Podcast, including sending information from your computer to another computer where such software or system is active; (xv) take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure; or (xvi) otherwise violate these Terms or any Additional Terms.

  2. Content Use Restrictions. You also agree that, in using the Podcast: (i) you will not monitor, gather, copy, or distribute the Content (except as may be a result of standard search engine activity or use of a standard browser) on the Podcast by using any robot, rover, "bot", spider, scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; (ii) you will not frame or utilize framing techniques to enclose any such Content (including any images, text, or page layout); (iii) you will keep intact all Trademark, copyright, and other intellectual property notices contained in such Content; (iv) you will not use such Content in a manner that suggests an unauthorized association with any of our or our licensors' products, services, or brands; (v) you will not make any modifications to such Content; (vi) you will not copy, modify, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate or transfer to any third party or on any third-party application or website, or otherwise use or exploit such Content in any way for any purpose except as specifically permitted by these Terms or any Additional Terms or with the prior written consent of an officer of Company or, in the case of Content from a licensor, the owner of the Content; and (vii) you will not insert any code or product to manipulate such Content in any way that adversely affects any user experience.

  3. Availability of Podcast and Content. OAC may immediately suspend or terminate the availability of the Podcast and Content (and any elements and features of them), in whole or in part, for any reason, in Company's sole discretion, and without advance notice or liability.

  4. Reservation of All Rights Not Granted as to Content and Podcast. These Terms and any Additional Terms include only narrow, limited grants of rights to Content and to use and access the Podcast. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. All rights not expressly granted to you are reserved by OAC and its licensors and other third parties. Any unauthorized use of any Content or the Podcast for any purpose is prohibited.

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III. Feedback You Submit

  1. General. Company may now or in the future offer users of the Service the opportunity to post, upload, display, publish, distribute, transmit or otherwise make available on or submit through the Service, messages, text, files, comments, responses, information, content, results, reviews, suggestions, personally identifiable information, or other information or materials and the ideas contained therein (collectively, "User-Generated Content"). Company may allow you to do this through contact us, email, and other communications functionality. Subject to the rights and license you grant in these Terms, you retain whatever legally cognizable right, title, and interest that you have in your User-Generated Content and you remain ultimately responsible for it.

  2. Non-Confidentiality of Your User-Generated Content. Except as otherwise described in any Additional Terms, you agree that: (a) your User-Generated Content will be treated as non-confidential — regardless of whether you mark them "confidential," "proprietary," or the like — and will not be returned; and (b) Company does not assume any obligation of any kind to you or any third party with respect to your User-Generated Content. Upon Company's request, you will furnish us with any documentation necessary to substantiate the rights to such content and to verify your compliance with these Terms or any Additional Terms. You acknowledge that the Internet and mobile communications may be subject to breaches of security and that you are aware that submissions of User-Generated Content may not be secure, and you will consider this before submitting any User-Generated Content and do so at your own risk. In your communications with Company, please keep in mind that we do not seek any unsolicited ideas or materials for products or services, or even suggested improvements to products or services, including, without limitation, ideas, concepts, inventions, or designs for websites, services, products or otherwise (collectively, "Unsolicited Ideas and Materials"). Any Unsolicited Ideas and Materials you post on or send to us via the Service are deemed User-Generated Content and licensed to us as set forth below. In addition, Company retains all of the rights held by members of the general public with regard to your Unsolicited Ideas and Materials. Company's receipt of your Unsolicited Ideas and Materials is not an admission by Company of their novelty, priority, or originality, and it does not impair Company's right to contest existing or future intellectual property rights relating to your Unsolicited Ideas and Materials.

  3. License to Company of Your User-Generated Content. Except as otherwise described in any applicable Additional Terms, which specifically govern the submission of your User-Generated Content), you hereby grant to OAC, and you agree to grant to OAC, the non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and cost-free right and license to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense (through multiple levels), display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise use and exploit in any manner whatsoever, all or any portion of your User-Generated Content (and derivative works thereof), for any purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same. Without limitation, the granted rights include the right to: (a) configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in searchable format, and remove such User-Generated Content and combine same with other materials, and (b) use any ideas, concepts, know-how, or techniques contained in any User-Generated Content for any purposes whatsoever, including developing, producing, and marketing products and/or services. In order to further effect the rights and license that you grant to Company to your User-Generated Content, you also hereby grant to Company, and agree to grant to Company, the unconditional, perpetual, irrevocable right to use and exploit your name, persona, and likeness in connection with any User-Generated Content, without any obligation or remuneration to you. Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any User-Generated Content, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section 3(C).

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IV. Notices and Questions

1. You agree that: (i) we may give you notices of new, revised or changed terms and other important matters by prominently posting notice on the homepage of the Podcast, or in another reasonable manner that we may elect; and (ii) we may contact you by mail or email sent to the address provided by you. You agree to promptly notify us if you change your email or mailing address by updating your account information.

If you have a question regarding using the Podcast, you may contact us at: doug@odysseysinartcrime.com or melissa@odysseysinartcrime.com. You acknowledge that the provision of customer support is at OAC's sole discretion and that we have no obligation to provide you with customer support of any kind.

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