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Podcaster Who's Who Sign Up Form We are very glad to have podcasters and those who serve the podcast community as members. Membership is free (for podcasters whose podcasts are free to the public) and you receive all of the following benefits: Links to your web site, RSS feed, and blog A chance to be featured as the Podcaster Who's Who of the Week A chance to create your own podcast network Add other podcasters to your friends list A chance to give your promo to other podcasters. A chance to include your podcasts on the upcoming Podcaster Who's Who Radio. A chance to particpate in the Podcater Who's Who Community RSS Feed. Once you are signed up, you will be able to add your blog, promo, RSS feed, and more to your PodcasterWhosWho.com account. You will also be able to change your category as you see fit 24/7.
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Terms & Conditions

CAREFULLY READ THE TERMS OF USE OUTLINED BELOW. BY SUBMITTING CONTENT TO THIS WEBSITE OR RELATED SERVICES, YOU ARE CONSENTING TO BE BOUND BY THESE TERMS AND CONDITIONS. SUCH TERMS MAY BE MODIFIED FROM TIME TO TIME AS DESCRIBED BELOW.

"Podcaster Who’s Who " is the interactive on-line service on the World Wide Web of the Internet, consisting of information services, music and content provided by Podcaster Who’s Who , Hot Web Ideas, affiliates of Hot Web Ideas and other third parties.  Through its website, Podcaster Who’s Who  offers podcasters the ability to submit original works for free promotional purposes only as well as display public podcaster information including but not limited to RSS Feed address, Blog address, web site address, enclosure address, or the like. Any individual who utilizes this service consents to the following Terms of Use:

All submitted Works, as defined below, are provided under the following terms:

Definitions

"Attribution" means recitation of the name of the author or podcaster of a Work and the Work's title within a reasonable time after the work is Broadcast. This would refer to Podcaster Who’s Who  Radio or similar podcasting services.

"Broadcast" means Work or an acceptable Derivative Work thereof that is played publicly for the benefit of interested listeners, and particularly when such Work is played by a listener accessing a digital file such as a podcast or streaming media file, in audio, video, or other format.

"Collective Work" means a work, such as an anthology, in which the Work in its entirety and unmodified form, along with a number of other contributions, constituting separate and independent works in themselves are assembled into a collective whole. A work that constitutes a Collective Work shall not be deemed to be considered a Derivative Work as defined below. A podcast which contains the Work in combination with many other works would constitute a Collective Work.

"Derivative Work" means a work based upon the Work in which the Work may be recast, transformed or adapted. In the case of a mash of more than one audio or video work, such a work would constitute a Derivative Work.

"Licensor" means the individual or entity that submits the Work under the terms of this Agreement.

“Licensee” means the entity Podcaster Who’s Who , Inc or its subsidiaries and affiliates.

"Original Author" means the individual or entity that created the entirety of the Work.

"Podcast" means a specific type of Broadcast, where the Work is incorporated into a file (which may contain one or more works and/or other material) which may be streamed, or played on a computer, on an MP3 player or similar device by individuals who have downloaded such file.

"Work" means each submitted copyrightable work of authorship provided under these Terms of Use.

"You" means an individual or entity exercising rights under these Terms of Use.

Submission of the Work

Podcaster Who’s Who  will set forth the requirements for podcaster data submissions on its website.

Reservation of Rights

a. You shall retain all right, title and interest in and to the Work worldwide (including, but not limited to, ownership of all copyrights and other intellectual property rights therein), as well as all right, title and interest in and to its trademarks, service marks and trade names worldwide, including any goodwill associated therewith, subject to the limited license granted to Podcaster Who’s Who  hereunder. Any use of any such trademarks by Podcaster Who’s Who shall inure to the benefit of You and Podcaster Who’s Who shall take no action that is inconsistent with Your ownership thereof.

b. Podcaster Who’s Who will retain all right, title, and interest in and to the Web site worldwide (including, but not limited to, ownership of all copyrights, trademarks, look and feel and other intellectual property rights therein), as well as all right, title and interest in and to its trademarks, service marks and trade names worldwide, including any goodwill associated therewith, subject to the limited license granted to You hereunder. Any use of any such trademarks by You shall inure to the benefit of Podcaster Who’s Who and You shall take no action that is inconsistent with Podcaster Who’s Who ’s ownership thereof.

c. Each party hereby grants to the other a non-exclusive, limited license to use its trademarks, service marks or trade names only as specifically described in this Terms of Use Agreement. All such use shall be in accordance with each party’s reasonable policies regarding advertising and trademark usage as established from time to time.

d. You will get prominent notice and Attribution (including copyright) on the pages displaying your Podcast Work, including, but not limited to, links to web pages owned or operated by Podcaster Who’s Who as well as Podcaster Who’s Who Radio. The exact type and placement of the branding will be solely determined Podcaster Who’s Who .

e. You have the right to receive Attribution every time a Work of podcast is Broadcast.

Termination

a. You can terminate your relationship with Podcaster Who’s Who at any time, or remove access to submitted works. Upon termination of your account your submitted works will no longer be available to future Broadcasts. Termination of your account will not revoke any licenses granted prior to the Termination of your account.

b. Podcaster Who’s Who has the right to immediately terminate this Agreement, suspend or terminate Your access to this web site, at any time with or without notice, for any or no reason, without incurring liability.

c. Podcaster Who’s Who has the right to immediately terminate this Agreement, without cause if such Work is determined by management to be offensive to community standards, defamatory or infringes upon any copyright or trademark of another. In the event of such a determination by management of the Podcaster Who’s Who , the Company, at its option, shall furnish a letter to You within five (5) days after such a determination has been made explaining the reason for the termination.

d. Podcaster Who’s Who has the right to edit your public podcaster listing information including web site addresses, enclosure addresses, listing category, photo, or any other content if such Work is determined by management to be offensive to community standards, defamatory or infringes upon any copyright or trademark of another. In the event of such a determination by management of the Podcaster Who’s.

Warranty and Indemnity

a. Licensor warrants that it is the sole and exclusive owner of any and all Work(s) provided to Podcaster Who’s Who hereunder, and warrants that the Work will comply with the technical specifications set forth as a guide for submission to the website.  However, Licensor does not warrant that the Content is error free.
b. Licensor will indemnify, defend and hold harmless Podcaster Who’s Who , its affiliates, officers, directors, employees, consultants and agents from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys fees) arising from its breach of any warranty or representation under this, any claim that the Work infringes or violates any third party’s copyright, patent, trade secret, trademark, right of publicity or right of privacy or contains any defamatory content, any claim that the Work and/or its display on the Web site violate any state, federal or local laws, regulations or statues, including but not limited to, restrictions on the practice of medicine, or any claim of personal injury or product liability with respect to the Work displayed to consumers on the Web site.
c.	EXCEPT AS SPECIFIED IN THIS AGREEMENT, NEITHER PARTY MAKES ANY WARRANTY IN CONNECTION WITH THE SUBJECT MATTER OF THIS AGREEMENT AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE REGARDING SUCH SUBJECT MATTER.
d. Podcaster Who’s Who assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any Works. Podcaster Who’s Who is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or at any Website or combination thereof, including any injury or damage to users or to any person's computer related to or resulting from submission of Works.

Miscellaneous Provisions

a. If there is any dispute about or involving the submission of a Work, this Terms of Use or the Website, you agree that any dispute shall be governed by the laws of the State of New York.

b. You agree to indemnify and hold Podcaster Who’s Who , its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of any breach of your representations and warranties set forth above.

These Terms of Use are accepted upon the submission of your first Work. These Terms of Use constitute the entire agreement between you and Podcaster Who’s Who regarding the use of the Website and/or the service. The failure of Podcaster Who’s Who to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.

Podcaster Who’s Who may modify the Terms of Use from time to time and such modification shall be effective upon posting by Podcaster Who’s Who on the Website. You agree to be bound to any changes to this Agreement when you use the 
service after any such modification is posted.

Please contact us with any questions regarding these Terms of Use.

I agree to the above terms and conditions:

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