Something Live

Welcome, and thanks for your interest in Something Live. These Terms are published as of April 11, 2008.

General. These Something Live Podcast Terms of Use (“Podcast Terms”) apply when you listen or subscribe to (download) an mp3 file or an RSS feed from our Web site (“podcast”). In these Podcast Terms, “Something Live,” “we,” “us,” and “our” mean Inter Vivos Media, LLC and each of its current and future affiliates and/or subsidiaries; and “you,” “your,” “yours,” and “yourself” mean a user of our Web site who listens or subscribes to a podcast. Acceptance of these Podcast Terms is a condition to using a podcast. By listening or subscribing to an RSS feed and using a podcast, you agree to be bound by these Podcast Terms and laws and regulations that apply to the podcast.

In addition to these Podcast Terms, the General Terms of Use/Terms of Service for www.pjshapiro.com and www.somethinglive.net also apply to your use of these podcasts, to the extent applicable. If there is a conflict or inconsistency among any of these terms and conditions, these Podcast Terms will control.

1. Basic Rules.
• You must be an individual person residing in the United States.
• Each podcast is for your personal use only.
• You must not use a podcast for a business or commercial purpose, to generate income or revenue for yourself, or to direct visitors from our Web site to any other website or from any other website to our Web site.
• All podcast content are provided without any warranty whatsoever. Your reliance on podcast content is entirely at your own risk.
• You must be at least 18 years old to use a podcast. By using the podcasts, you are acknowledging that you are at least 18 years old.
• Applicable international, federal, state, and local laws and regulations apply to your use of a podcast.
• Your unauthorized use of any of our podcasts, your violation of these Podcast Terms, or your use of a podcast in any illegal or unlawful way is strictly prohibited and, in addition to our rights and remedies, may subject you to immediate suspension or termination of your eligibility to use any of our podcasts.
2. Privacy. Something Live is committed to protecting our listeners’ and subscribers’ privacy and information security. All information gathered from our customers in connection with their use of podcasts will be sold, at Something Live’s sole discretion, to the highest bidder. You aren’t even bothering to read this, so what the hell.
3. No Warranty; No Liability WE PROVIDE EACH PODCAST “AS IS,” “AS AVAILABLE,” WITH NO WARRANTY OF ANY KIND. YOU WILL USE ANY AND ALL PODCASTS AT YOUR OWN RISK. AS DESCRIBED BELOW, SOMETHING LIVE ASSUMES NO RESPONSIBILITY FOR YOUR ACTIVITY RESULTING FROM OR IN CONNECTION WITH ANY OF OUR PODCASTS.WE MAKE NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, RELATING TO OUR PODCASTS OR ANY RELATED CONTENT, PRODUCTS, SERVICES, ADVERTISEMENTS, SOFTWARE, WEBSITES, OR OTHER MATERIALS (INCLUDING WITHOUT LIMITATION, THEIR PERFORMANCE, AVAILABILITY, CONTENTS, FUNCTIONS, OR EFFICIENCY), INCLUDING WITHOUT LIMITATION, EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS AND TITLE, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. Some states do not allow the exclusion of certain warranties, so the above exclusions may not apply to you. You may also have other legal rights, which vary from state to state.
   SOMETHING LIVE, ITS AFFILIATES, AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, LICENSORS, OR THIRD-PARTY SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION, LOSS OF DATA, FILES, PROFIT, REVENUE, OR GOODWILL OR THE COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES), INDIRECT, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO YOUR USE OF OUR PODCASTS. Some states do not allow the exclusion or limitation of liability for consequential damages, so the above limitations may not apply to you.
4. Our Rights To Your Information and User Experience.
   We may retain and use, for any lawful purpose and at any time, any content you provide through your use of podcasts, including information about you, your use and navigation of podcast webpages, and your thoughts, preferences, and feedback. Content you provide will not be returned to you, and you will not seek or be entitled to fees, reimbursement, or compensation of any kind from us or anyone else in connection with your content.
5. Our Intellectual Property Rights. All content in our podcasts are the exclusive property of Something Live and/or its licensors and are protected by copyrights or other intellectual property rights. The trademarks, logos, and other marks displayed on or in connection with our podcasts or related materials (collectively the “Trademarks”) are the trademarks of Something Live or third parties. You are prohibited from using, copying, altering, modifying, or changing the Trademarks. Nothing in our podcasts, on our podcast webpage, in these Podcast Terms grants you directly or indirectly any license or right to use any Trademark or copyrighted material without the express prior written permission of Something Live or of the applicable third party with rights to that Trademark or copyrighted material.
6. International Use. Something Live does not make any representation that use of our podcasts is appropriate or available for use in locations outside of the United States. You are prohibited from accessing the podcast webpage from countries or territories where its content or use is illegal. If you access our podcast webpage from locations outside the United States, you do so at your own risk and are responsible for compliance with local laws. Also, we’re really, really sorry that our government is corrupt and evil.
7. Links To Other Websites. The Our Web site may contain links to Web sites controlled or offered by third parties (non-affiliates of Something Live). We disclaim liability for any third-party Web site content, products, privacy policies, or security. If you choose to use the products or services available at a linked site, you agree to read and adhere to the policies and terms of use that apply to that site. In addition, any advice, opinions, or recommendations that the linked site provides are those of the linked site and not of Something Live. Your participation in any linked site, including payment for and delivery of goods or services, is based solely on the agreement, if any, between you and the linked site.
8. Change of Terms. We have the right to modify these Podcast Terms at any time in any manner we choose. Any modifications will be effective when we post them online, unless we state otherwise. The date on which these Podcast Terms were last updated is shown at the top of these Podcast Terms. You are responsible to review from time to time these Podcast Terms, including the Privacy Policy, for any changes. Each time you access or use our Web site, you agree to any modified Podcast Terms posted at that time.
9. Termination or Modification of Podcasts. At our sole discretion, Something Live may terminate these Podcast Terms and your use of our podcasts at any time without notice. All applicable provisions of these Podcast Terms will survive termination.
10. Indemnification. You agree to indemnify, defend, and hold harmless Something Live, its affiliates, and their respective officers, directors, employees, consultants, agents, third-party service providers, and licensors from any and all third-party claims, liability, damages and/or costs (including without limitation, reasonable attorneys fees) arising from: (a) a third-party claim, action, or allegation of infringement, misuse, or misappropriation arising from your use of our podcasts; (b) your fraud, manipulation, or other breach of these Podcast Terms; (c) any third-party claim, action, or allegation brought against Something Live arising from or relating to a dispute with you over the terms and conditions of an agreement or related to the purchase or sale of any products or services offered or provided directly or indirectly through any of our podcasts; or (d) your violation of any law or any rights of a third party. Something Live reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will at your expense cooperate with Something Live in asserting any available defenses. You will not settle any action or claims on Something Live’s behalf without our prior written consent.
11. Governing Law & Venue. These Podcast Terms will be interpreted according to the laws of the Commonwealth of Massachusetts, without reference to its conflict-of-laws principles. The exclusive venue for any judicial proceedings of any kind arising from this agreement, or from Something Live podcasts, or www.somethinglive.net shall be the Courts of the Commonwealth of Massachusetts, or the Federal District Court located in Boston, Massachusetts, or any Federal Court having exclusive subject matter jurisdiction over the proceeding in question. You hereby agree to accept the personal jurisdiction of said Courts.

12. Severability. If any term or terms of these Terms of Use are invalidated via the actions of any court of competent jurisdiction, or in any judicial or other governmental proceeding, then the remaining terms shall, to the maximum extent possible, remain in effect as written.

13. Mysterious Chicken. You hereby agree that if Peter J. “P.J.” Shapiro, or any other duly authorized representative of Something Live states to you, verbally or in writing that: “A breeze can carry many tunes.” you shall immediately and to the best of your ability respond: “But I hear only the Mysterious Chicken.”