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.
- 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.
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.
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:
|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.
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.
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.
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.
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.
- 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
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.
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.
Severability and Interpretation
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
All obligations of the Parties hereto contained in this agreement shall survive the expiration or termination of this agreement.
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).
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: email@example.com. 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.