Listen Up!

Terms and Conditions

User Agreement

Welcome to Listen Up!, a podcast platform dedicated to providing high-quality audio content to our users. By accessing or using our website, mobile applications, and related services (collectively, the "Services"), you agree to be bound by these Terms and Conditions ("Terms"). Please read these Terms carefully before using our Services. If you do not agree to these Terms, you are prohibited from using or accessing our Services.

These Terms constitute a legally binding agreement between you ("User," "you," or "your") and Listen Up!, a company located at 700 Congress Ave, Austin, TX 78701 ("Listen Up!," "we," "us," or "our"). We reserve the right to modify or amend these Terms at any time. Your continued use of the Services following the posting of changes will mean that you accept those changes. It is your responsibility to review these Terms periodically for updates.

Service Terms

1. Account Registration

To access certain features of our Services, you may be required to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for maintaining the confidentiality of your account password and are fully responsible for all activities that occur under your account. You agree to immediately notify Listen Up! of any unauthorized use of your account or any other breach of security.

2. Use of Content

All content available through our Services, including podcasts, audio files, text, graphics, logos, and software, is owned by Listen Up! or our licensors and is protected by copyright, trademark, and other intellectual property laws. You may access and listen to podcasts for personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the content without the prior written consent of Listen Up!.

You are permitted to share podcast episodes via social media platforms using the sharing tools provided on our website. Any other use of our content requires explicit permission.

3. User-Generated Content

Our Services may allow you to submit, upload, publish, or otherwise make available content, including comments, reviews, and feedback ("User-Generated Content"). You retain all rights in, and are solely responsible for, the User-Generated Content you make available through the Services. By making any User-Generated Content available through the Services, you grant to Listen Up! a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, copy, modify, create derivative works based on, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User-Generated Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Listen Up!'s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

You represent and warrant that: (i) you either are the sole and exclusive owner of all User-Generated Content or you have all rights, licenses, consents, and releases that are necessary to grant to Listen Up! the rights in such User-Generated Content, as contemplated under these Terms; and (ii) neither the User-Generated Content nor your submission, uploading, publishing, or otherwise making available such User-Generated Content nor Listen Up!'s use of the User-Generated Content as permitted herein will infringe, misappropriate, or violate a third party’s patent, copyright, trademark, trade secret, moral rights, or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

4. Prohibited Conduct

You agree not to engage in any of the following prohibited activities:

  • Using the Services for any illegal or unauthorized purpose.
  • Attempting to gain unauthorized access to our systems or networks.
  • Interfering with or disrupting the operation of the Services.
  • Transmitting viruses, worms, or other malicious code.
  • Collecting or harvesting any personally identifiable information from the Services.
  • Impersonating any person or entity or falsely stating or otherwise misrepresenting your affiliation with a person or entity.
  • Posting or transmitting any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.

5. Termination

We may terminate or suspend your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate your account, you may simply discontinue using the Services. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Liability

1. Disclaimer of Warranties

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. LISTEN UP! DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. LISTEN UP! MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS OR VIRUSES.

2. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LISTEN UP!, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (III) ANY CONTENT OBTAINED FROM THE SERVICES; OR (IV) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

IN NO EVENT SHALL LISTEN UP!'S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE ANY PORTION OF THE SERVICES OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE AMOUNT YOU PAID LISTEN UP! FOR THE SERVICES IN THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY OR, IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATION TO LISTEN UP!, ONE HUNDRED U.S. DOLLARS (USD 100).

3. Indemnification

You agree to defend, indemnify, and hold harmless Listen Up!, its affiliates, officers, directors, employees, agents, suppliers, and licensors 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 Services; (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; or (iv) any claim that your User-Generated Content caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Services.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Travis County, Texas, to resolve any legal matter arising from these Terms.

Contact Information

If you have any questions about these Terms, please contact us at:

Listen Up!
700 Congress Ave
Austin, TX 78701
Email: [email protected]
Phone: (512) 555-1212