These Terms of Use (also herein, “Agreement” or “agreement”) set forth how SPI Labs, LLC, dba Fusebox (also herein, the “Company”, “we”, “us” or “our”), including our legal successors and assigns, and you, the user (also herein, “you”, “your”, “user”, “User”, “member” or “Member”, that also here and elsewhere may be referred to as “visitor”, “subscriber”, “customer”, “VIP”, “affiliate” or “Affiliate”), (herein after also “Parties”) agree to respect each other and each other’s property while and after you are using our website, apps, widgets or any of the Services provided and other information published through https://fusebox.fm. If you do not agree to any of the provisions set out in this document or in our Privacy Policy, or Cookies Policy documents, you should not use the Website, Apps, or any of the Services. By accessing this website, we assume you accept these Terms of Use.
Please also read our Privacy Policy and our Cookie Policy.
Changes to Terms of Use
We reserve the right to change, alter, replace or otherwise modify these Terms of Use at any time, for example, to address legal or regulatory changes or changes to features or functionality made available through the Platform, at our discretion. The date of the last modification is stated at the end of these Terms of Use. It is your responsibility to check this page from time to time for updates.
When we make any material changes to these Terms of Use, we will provide you with prominent notice under the circumstances, including, for example, displaying a notice within the Platform and/or by sending you an email to the email address that you have provided us or a message to your account, and the revised Terms of Use will become effective two (2) weeks after such notification.
You will have no obligation to continue accessing and/or using the website, apps, widgets, or any of the Services provided following any such notification, but your continued use of the Platform after the end of the two (2) week period will constitute your acceptance of the revised Terms of Use.
Term
You are deemed to have accepted these Terms on the date you first use the website, apps, widgets or any of the Services provided and other information published. The Terms of Use shall continue from this date until terminated in accordance with their terms (“Term”).
Intellectual Property Rights
Unless otherwise stated, we and/or our affiliates or licensors own the intellectual property rights for all material on our website, apps, or widgets, including, but not limited to, any documentation related to or included with any of the Services, code, or trademarks and any works or products developed from them.
Unless otherwise specified in writing, all materials and content appearing on this site and otherwise used in Company’s business, including any text, page or site designs, names, trade names, trademarks, logos, graphics, icons, videos and images, as well as the selection, assembly and arrangement thereof, are the sole property of the Company, ALL RIGHTS RESERVED. You may use the content of this site only for the purpose of reading the information on this site, for your own education, for browsing and for no other purpose. No materials or content from this site or the Company may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without our prior written permission. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and may result in criminal or civil penalties.
License
Our Grant to You: If you comply and continue to comply with these Terms of Use, we grant you a non-transferable, non-exclusive, non-sub-licensable, revocable right during the Term to embed or display our widgets on any internet enabled device, including but not limited to, website, webpage, mobile website, mobile app or internet connected television that you are in control of (a “Website”). You are not permitted to make the widgets available on any third party website or webpage that you do not control. The third party controller must accept these Terms of Use if the widget is to be displayed on their website or web page.
Your Grant to Us: By agreeing to these Terms of Use, you grant us an irrevocable, paid-up, royalty-free, non-exclusive, worldwide, transferable right and license to use, reproduce, distribute, make available, publicly display and import content from your Website and use your name, likeness or brand (including your trademarks, service marks, logos, brand names or trade names, your “Marks”) to the extent incorporated into your Website, solely for the purpose of:
- soliciting the public to Fusebox in relation to such content;
- connect and direct users to your Website; and
- sub-license the foregoing rights to our Affiliates or any third parties that are working with us as development partners, hosting services, and in similar capacities, in order to enable them to perform their services for us.
On termination of these Terms of Use and following written request from you, we will use reasonable endeavors to delete references and links to your Website and any of your Marks from our website.
Collecting data
You acknowledge and agree that embedding or displaying our Widget automatically allows us to collect data (including through any data management platform (DMP), analytics tools or ad-server such as, Google Analytics, Google AdSense and DoubleClick and use this data in accordance with the Documentation. You must appropriately disclose this to end users. Please respect our user’s data and privacy settings.
Cookies
We place cookies and similar technologies (collectively “Cookies”) on our website to enhance the user experience and help provide excellent service. You acknowledge that this also causes third party Cookies to be placed on the browsers and/or devices of users that visit websites that embed or display the widgets. Please review our Cookie Policy to learn more about how we use Cookies.
Subscriptions
Fusebox is offered via a subscription model. A subscription model requires regular payments to receive our Service. The initial term of the subscription depends on which plan you choose. Recurring subscription fees begin accruing on the start date of the initial term and will be charged in accordance with the plan you chose.
We offer the following subscription plans:
| Subscription Type | Term | Price |
| Fusebox Free | Free* | |
| Fusebox Starter | Monthly | $9 per month |
| Fusebox Starter | Annual | $7.50 per month |
| Fusebox Pro | Monthly | $19 per month |
| Fusebox Pro | Annual | $15.83 per month |
THE SUBSCRIPTION INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE, INCLUDING THE PRICE, AT OUR SOLE AND ABSOLUTE DISCRETION.
*The Fusebox Free subscription plan limits subscribers to up to ten thousand (10,000) monthly views, and a subscriber can only have up to three (3) free shows on one account.
Podcast Hosting
We provide our Easy Hosting podcast hosting service to subscribers of our “Starter” or “Pro” Fusebox plans. To have access to the Easy Hosting service, you must maintain an active account with us, which means that you must be in good standing with these Terms and have timely paid the required monthly or annual subscription fees for your Fusebox account.
In consideration for the provision of the Easy Hosting service, you must pay all required fees, expenses, or taxes set forth in the service order confirmation. All terms, including, without limitation, pricing information, are subject to change without notice at our sole and absolute discretion.
We may, at our discretion, offer a free trial period for the Easy Hosting service. When the free trial period ends, the Easy Hosting service will begin to bill automatically. The free trial period may be canceled at any time. If the service is canceled during the free trial period, you will not be billed for the service.
Once billing has commenced, the Easy Hosting subscription will automatically renew upon each anniversary date of the applicable term, at the then-applicable fee for your renewal unless you cancel the subscription earlier. Following cancelation, you will not be charged on any subsequent billing periods, and your access to the Easy Hosting service will automatically terminate at the end of your current billing period.
Prohibited Uses
You agree that you will only use the Services for lawful purposes, in accordance with all applicable laws, rules, regulations, and these Terms. The following is a non-exhaustive list of prohibited activities that you agree to not to engage in:
- Violating any applicable federal, state, local, or international law or regulation.
- Exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- Sending, knowingly receiving, uploading, downloading, using, or re-using any material which does not comply with the Content Standards set out in these Terms.
- Impersonating or attempting to impersonate us or our subsidiary or division, one of our employees or representatives, another user, or any other person or entity.
- Misrepresenting your identity or affiliation with any person or entity.
- Engaging in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm the Company or users of the Services, or expose them to liability.
- Using the Services in any manner that could disable, overburden, damage, or impair the Service or interfere with any other party’s use of the Service.
- Using any device, software, or routine that interferes with the proper working of the Services.
- Introducing any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
- Attempting to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Service is stored, or any server, computer, or database connected to the Service.
- Attacking the Service via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise, attempting to interfere with the proper working of the Service.
User Contributions
All User Contributions must comply with the Content Standards set out in these Terms. Any User Contribution utilizing our Service will be considered non-confidential and non-proprietary. By providing any User Contribution on the Service, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties for any purpose which is necessary to carry out our Service.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Services.
Content Standards
These Content Standards apply to any and all User Contributions. User Contributions must in their entirety, comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
- Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person or legal entity.
- Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote or assist any unlawful act.
- Give the impression that they emanate from or are endorsed by us or any other person or entity if this is not the case.
Monitoring and Enforcement
We have the right to:
- Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates these Terms, including the Content Standards, infringes any intellectual property right or other rights of any person or entity, threatens the personal safety of users of the Service or the public or could create liability for the Company.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Terminate or suspend your access to all or part of the Services for any or no reason, including, without limitation, any violation of these Terms.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
We do not undertake to review user material posted on the Services and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any Service user. We have no liability or responsibility to anyone for the performance or nonperformance of the activities described in this section.
Intellectual Property of Others
If you believe in good faith that your intellectual property rights have been infringed upon, you or your agent may send us written notice of such infringement. Your notice to us must include the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property right’s interest;
- A description of the work that you claim has been infringed, including the URL (i.e., web page address) of the location where the work exists or a copy of the work;
- An example of the infringing content, including the URL of the location of the infringing content.
- Your name, email, address, and telephone number;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the owner of the work, its agent, or the law.
Please note that we may not process your complaint if it is not properly filled out or is incomplete. You may be held accountable for damages, including but not limited to costs and attorneys’ fees for any misrepresentation or bad-faith claims regarding the infringement of your intellectual property rights.
You may submit your claim to us by contacting us at: ____________________.
Refunds and Returns
Except as otherwise agreed by the Parties in writing, the Company’s refund and/or return policy for the products and/or services it provides to you is as set forth in this Section. The Company may provide a different refund/return policy in its marketing materials for each of its products and/or services that it sells and/or provides to you, including that no refund or return may be available for a certain Company product or service, and these policies may change looking forward at any time at the Company’s sole discretion. You agree to make any requests for any available refunds or returns before or on any applicable deadline by email at the following address: help@fuesebox.fm. Prior to issuing or processing any form of refund and/or return that may be available, at Company’s sole discretion, it may require you to certify with it in writing that you already have fully completed and fulfilled your obligation hereunder to thoroughly search for, and to permanently delete and destroy, all of the digital or electronic Company-provided documents or materials, and to return (only at the Company’s sole discretion: and/or destroy) all physical Company documents or materials that are in your possession, including without limitation any or all copies or printouts you may have made of any Company documents or materials. You agree to make any such returns at your sole expense, with their arrival at the Company to be made prior to or on any refund deadline, without any material waste or breakage; the Company may await the safe arrival of your return before issuing any refund. Also, prior to issuing any form of refund and/or return that may be available, at Company’s sole discretion, it may require that you re-certify and pledge to continue to uphold your obligations under these Terms of Use and under any other agreement you have made with the Company, the terms and provisions of all of which shall continue to apply to the Parties hereof and continue as valid and binding agreements, including after any such refund or return is completed, for the longer period of (i) the longest period available under applicable law, or (ii) thirty-five years after the date of your request for a refund and/or return. Company shall not be liable for any untimely or improper refund or return requests, or for any loss of profits or costs, or for any direct, indirect, special, incidental or consequential damages, including costs associated with the procurement of substitute goods or services (whether or not Company was or should have been aware or advised of the possibility of such damage), arising out of or associated with any loss, suspension or interruption of service, termination of these Terms of Use, use or misuse of our materials or content, or other performance of services hereunder. Any breach by you of this Agreement shall immediately and completely disqualify you as to any refund that may have been available to you immediately prior to such breach. You agree and acknowledge that all of these Terms of Use are fair, equitable and reasonable to both Parties, including without limitation the provisions of this Section.
Other Terms of Use
All of the provisions of our Privacy Policy are incorporated by reference into these Terms of Use. We make no guarantees or warranties about any information on our site, including without limitation any warranty of fitness for a particular purpose. Anyone subscribing to our website or using any of our apps, widgets or services is also agreeing to these Terms of Use, and any user providing us their email address in exchange for our delivering any content to them personally assenting and agreeing to receive emails from us on a regular basis. Any of our subscribers may unsubscribe at any time by clicking the link or button provided in the footer of any of our emails. We love our subscribers and will not sell, lease or distribute your email address or any other information to any third parties unless we have your permission or are required by law to do so. These Terms of Use, and any other legal documents or agreements we have entered into with you, will supersede any previous Terms of Use you may have copies of in any form, regardless of whether we or you have signed them or not. We reserve the right to make changes to this site and these Terms of Use at any time.
Indemnification
You agree to defend, indemnify and hold harmless us, our officers, affiliates, directors, agents, and employees from and against any and all property damage, personal injuries or death, and other liability, loss, cost, expense, or damage, including, without limitation, court costs and reasonable attorney’s fees arising out of Member’s personal individual conduct, actions or inactions, and/or from your breach of any of the Terms of Use, Privacy Policy, License Agreement, or any other relevant policy.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output and for maintaining a means external to our site for any reconstruction of any lost data.
WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE SERVICE, ITS CONTENT AND ANY ITEMS OBTAINED THROUGH THE SERVICE IS AT YOUR OWN RISK. THE SERVICE, WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICES OR ITS CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, ITS CONTENT OR ANY ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICE OR ANY ITEMS OBTAINED THROUGH THE SERVICE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
WE MAKE NO WARRANTY WHATSOEVER WITH RESPECT TO THE YOUR USE OF OUR WEBSITE OR SERVICES, INCLUDING ANY (A) WARRANTY OF MERCHANTABILITY; OR (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY OF TITLE; OR (D) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESSED OR IMPLIED BY LAW, STATUTORY, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
Limitation of Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL WE, OUR AFFILIATES OR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR OR ANY THIRD PARTY’S USE, OR INABILITY TO USE, THE WEBSITE OR SERVICE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SERVICE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SERVICE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, DIMINUTION IN VALUE, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF THE DAMAGES WERE FORESEEABLE.
Entire agreement
These Terms of Use constitute the entire agreement between you and us. These Terms of Use supersede any prior representations or agreements, whether oral or written, concerning the subject matter. You agree not to rely on any statement, representation, warranty or understanding other than those expressly set out in these Terms of Use.
Assignment
You may not assign, delegate or transfer these Terms of Use or your rights or obligations hereunder in any way (by operation of law or otherwise) without our prior written consent. We may transfer, assign or delegate these Terms of Use and our rights and obligations without consent.
No exclusivity
You agree that these Terms of Use do not create an exclusive agreement between you and us. You agree to the possibility that we and other third parties may have developed or are developing products and services similar to or in competition with your website or products for the purposes of commercial exploitation.
Our rights in your feedback
If you provide any ideas, suggestions or recommendations to us, we may use and incorporate such feedback in our widgets, services and products, without payment of royalties or other consideration to you, provided we do not infringe any applicable law.
Third Parties
Nothing in these Terms of Use shall create any third-party beneficiaries or confer any rights in any third parties.
Severability and Interpretation
Whenever possible, each provision of these Terms of Use shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of these Terms of Use shall be prohibited, void, invalid, or unenforceable under applicable law, such provision shall be ineffective to the extent of such prohibition, invalidity, voidability, or enforceability without invalidating the remainder of such provision or the remaining provisions of this agreement. We and you agree that any ambiguity, vagueness or applicability of any provision of this agreement shall not be construed against the drafting party because of its being the drafter of this agreement. The headings for sections herein are for convenience only and shall not affect the meaning of the provisions of this agreement.
No Waiver
Our failure to exercise any right or remedy under these Terms of Use shall not constitute a waiver of that right or remedy.
Independent contractors
These Terms of Use do not create or have any intention of creating a joint venture, partnership, employer/employee relationship, agency, or fiduciary relationship between you and us. You are, at all times in connection with the operation of these Terms of Use, an independent contractor.
Dispute Resolution
In case of a dispute between us and you relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Member and Licensor shall then submit the dispute to binding arbitration. The arbitration shall be conducted in the county and state noted in the GOVERNING LAW section of this Agreement. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add any party, vary the provisions of this Agreement, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing federal and state law of California. The Parties hereby agree to each pay their own costs and fees. Claims necessitating arbitration under this section include, but are not limited to: contract claims, tort claims, claims based on federal and state law, and claims based on local laws, ordinances, statutes or regulations. Intellectual Property claims by Licensor will not be subject to arbitration and may, as an exception to this subpart, be litigated. The Parties, in agreement with this subpart of this Agreement, waive any rights they may have to a jury trial in regard to arbitral claims.
Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the internal laws of California without giving effect to any choice or conflict of law provision or rule. Each party irrevocably submits to the exclusive jurisdiction and venue of the federal and state courts located in the county of San Diego, California
Survival
All obligations of the Parties hereto contained in this agreement shall survive the expiration or termination of this agreement.
Force Majeure
If the performance by us under this Agreement is prevented, hindered, or otherwise made impractical by reason of flood, strike, war, acts of government, or any other casualty or cause beyond the control of us, then We shall be excused from its performance to the extent and so long as it is prevented, hindered, or delayed by such event(s).
Notices
All notices, requests, consents, claims, demands, waivers, and other communications hereunder (each a “Notice”) shall be in writing and addressed by you. All Notices from us to you relating to this Agreement will be sent to the email address you provided to us. Any Notices from you to us relating to this Agreement, must be sent to the following email address: help@fuesebox.fm. A Notice is only effective if (i) the receiving party has received the Notice and (ii) the party giving the Notice has complied with the requirements of this section.
