Privacy Policy | Tandem Podcasting

Terms and Service

Welcome to Tandem, a website operated by TANDEM PODCASTING, INC(the “Company”). Privacy Policy

The following privacy policy applies when you use the website located at https:// podcastwithtandem.com (the “Site”)

We respect and protect the privacy of our Site users. This Data Protection and Terms of Service explains how we collect and use your information when you use our Site.

Your Consent

By using our Site, you consent to our Data Protection and Terms of Service. If you don’t agree, please don’t use our Site.

Definitions

Company

“Company” mean Tandem and Tandem Podcasting INC

GDPR

“GDPR” means that the General Data Protection Regulation Act. (This is a law that applies in the European Economic Area (EEA).)

Data Controller

“Data Controller” means the natural or legal person who (either alone or jointly or in common with other persons) determines the purposes for which and how any personal information is or are to be, processed. The Company is the Data Controller for the personal data you submit via the Site.

Data Processor

“Data Processor” means any natural or legal person who processes the data on behalf of the Data Controller.

Data Subject

Data Subject is any living individual who is using our Site.

Principles for Processing Personal Data

Our principles for processing personal data under the GDPR are:

• Fairness and lawfulness. When we process personal data, the individual rights of the Data Subjects must be protected. All personal data must be collected and processed legally and fairly.

• Restricted to a specific purpose. The personal data of the Data Subject must be processed only for specific purposes.

• Transparency. The Data Subject must be informed of how his/her data is being collected, processed, and used.

• Accuracy

• Storage Limitation

• Confidentiality and Integrity

What information do we collect?

When you sign up to the Site you'll be asked to provide certain information about yourself, such as your name, email, and birthday.

If you sign up via a social network like Facebook, your agreement (and our access to your information) takes place when you instruct, accept, or allow Facebook to register you for the

Site or otherwise connect you to the Site. We will collect such information as you allow based on your social media settings and the policies of the social media site. We may also collect information to verify your social media credentials.

We and our third-party service providers may collect certain information about your use of our Site. For example, we may collect and/or use:

• Log information (including your IP address, browser type, Internet service provider, referring and exit pages, operating system, dates/time of access, and related data) • Information collected by cookies and tracking pixels (as discussed below) • Web beacons (also called "Internet tags" or "clear gifs"; used to count visitors to our Site and which pages were viewed and links clicked)

• Embedded scripts (code temporarily downloaded onto your device to collect information about your interactions with the Service and thereafter deleted or deactivated)

Where do we store your information?

Your information may be stored in our servers or servers owned by third-party cloud storage providers.

Third-party storage providers may not use your information except as provided in this Terms and Services.

How do we use your information?

Information we collect from you might be used:

• To verify your identity when you return to the Site

• To provide you with Services

• To notify you about changes to our Site and Services

• To gather analysis or other information to improve our Site and Services

• For marketing purposes

• To personalize ads you see when you visit the Site

• To respond to your messages and comments

• To provide customer support

• To detect, prevent, and address technical issues

• To send you technical notices

Legal Basis for Collecting and Processing Personal Data

Our legal basis for collecting and using the personal data described in this Policy depends on the personal data we collect and the specific context in which we collect the information:

• We need to perform a contract with you.

• You have permitted us to do so.

• Processing your data is in our legitimate interests.

• We need to comply with the law.

Please be aware that if you do not provide personal data we may be unable to provide some services to you.

Our role as a host of third-party content

We provide a platform for you and others to host their podcasts, whose content is, as per our Terms of Use, the sole liability of the uploading Customer.

We cannot ensure, a priori, that the Customer’s content will not breach data protection regulations or infringe others’ similar rights. We also cannot prevent a Customer to make lawful references or uses of your data.

To the extent we become aware of any infringing or unlawful activity regarding your data, we will act following our Terms of Use and take down any content that is in breach of such terms.

If any of our Customers have published on our website your personal information without your consent, breached your privacy, or somehow infringed your rights, you should (i) let us know by email to admin@podcastwithtandem.com and (ii) contact the uploader directly and ask them to remove the content. We can intermediate such contact, upon your request. If you cannot reach an agreement with the owner of the content, you can request us to have the content removed by stating the grounds on which the use of such information is infringing upon your rights.

Do we use cookies or tracking pixels?

Yes.

Cookies are small files that include an anonymous unique identifier. Cookies let us recognize your browser and remember certain information about you to personalize your experience of our Site.

We also use cookies to compile aggregate data about traffic to our Site so that we can improve our Site and Site.

We may use both persistent and session cookies. Persistent cookies remain on your computer after you close your session and until you delete them; session cookies expire when you close your browser.

A tracking pixel is a tiny pixel-sized image that allows us to track your Site visits, advertising impressions, and other types of Internet activity. It's also sometimes called a web bug, beacon, or page tag.

Do We Use Google AdWords or other remarketing methods?

Yes.

We may use the Google AdWords remarketing service to advertise on third party websites (including Google) to previous visitors to our Site. It could mean that we advertise to previous visitors who haven’t completed a task on our site, for example using the contact form to inquire. This could be in the form of an advertisement on the Google search results page or a site in the Google Display Network.

Third-party vendors, including Google, use cookies to serve ads based on someone’s past visits to our Site. Any data collected will be used under our privacy policy and Google’s privacy policy.

You can set preferences for how Google advertises to you using the Google Ad Preferences page.

Do we use Google Analytics?

Yes.

Users who visit the Site and have JavaScript enabled are tracked through Google Analytics. Google Analytics collects information anonymously and reports website trends to us without identifying individual visitors. Google Analytics collects a variety of information from users,

including the Internet protocol (IP address) that is used to connect your computer to the Internet (which it does not report to us), your Internet service provider (ISP), browser type, type of operating system, the full Uniform Resource Locator (URL) clickstream to, through, and from our Site, including date and time, cookie, the length of time you spend on particular pages, which links you click while on our Site, and similar Site visit information. Google Analytics data is shared with Google.

For more information on Google Analytics or to opt-out of having your information shared through Google Analytics, visit: https://www.google.com/intl/en/analytics/privacyoverview.html.

For more information on Google’s privacy policy, visit https://www.google.com/intl/en/policies/ privacy/.

We use this information to make our Site easier to find on the Internet and to improve our Site by learning which pages and features are interesting to our visitors. We treat this information as non-personal information and do not attempt to connect it to personally identifiable information, except as otherwise required by law.

YouTube Terms of Service

If the user chooses to automatically share podcast episodes to YouTube via Tandem, Tandem will use YouTube API Services to upload videos to users' YouTube accounts. By connecting your YouTube account, you agree to YouTube's YouTube's Terms of Service and Google Privacy Policy, You can manage third-party access to your Google account at the Google Security Setting page.

Do we transfer your data to other countries?

We may transfer to, and store the data we collect about you in, countries other than the country n which the data was originally collected, including the United States, Canada, or other destinations outside the European Economic Area (“EEA”). Those countries may not have the same data protection laws as the country in which you provided the data. When we transfer our data to other countries, we will protect the data as described in this Policy and comply with applicable legal requirements providing adequate protection for the transfer of data to countries outside the EEA.

• If you are located in the EEA, we will only transfer your data if the country to which the personal data will be transferred has been granted a European Commission adequacy decision;

• the recipient of the personal data is located in the US and has certified to the US-EU Privacy Shield Framework;

• we have put in place appropriate safeguards in respect of the transfer, for example, we have entered into EU standard contractual clauses with the recipient, or the recipient is a party to binding corporate rules.

You may request more information about the safeguards that we have put in place in respect of transfers of personal data by admin@podcastwithtandem.com.

How do we respond to "Do Not Track" signals?

We may track your browsing behavior to better tailor suggestions and information for you.

Some third-party sites also keep track of your browsing activities when they serve you content, which enables them to tailor what they present to you.

You can opt-out of certain tracking by adjusting the settings on your browser. However, many websites (including the Site) may not respond to such signals.

There are also browser extensions that may block tracking. Again, they may not be effective in all cases.

How long do we store your information?

We will retain your personal information only for as long as is necessary for the purposes set out in this Policy.

We will retain and use your information to the extent necessary to comply with our legal obligations, resolve disputes, and enforce our policies.

We intend to store some of your information User Content indefinitely.

What about links to other websites?

We may provide links to or compatibility with other websites. However, we’re not responsible for the privacy practices employed by those websites or the information or content they contain.

How do we protect your information?

We use Site-appropriate physical, electronic, and other procedures to safeguard and secure the information we collect. However, please be aware that the Internet is an inherently unsafe environment, and that hackers are constantly working to defeat security measures.

Thus, we cannot guarantee that your information will not be accessed, disclosed, altered, or destroyed, and you accept this risk.

How can you protect your information?

We urge you to take steps to keep your personal information safe by not sharing it with others or posting it online.

Do we disclose any information to outside parties?

We do not sell, trade, or otherwise transfer to outside parties your Personally Identifiable Information (PII) for commercial or marketing purposes.

We may share your PII with third-party processors, which can include:

• Payment processors

• Providers of email management and distribution tools

• Providers of security and fraud prevention services

• Providers of data aggregation and analytics software

We will, if required by valid court order, provide your personal information in a civil or criminal proceeding.

We will not share any PII that we have collected from or regarding you except as described below.

Information Disclosed in Connection with Business Transactions. If we are acquired by a third party as a result of a transaction such as a merger, acquisition, or asset sale or if our assets are acquired by a third party in the event we go out of business or enter bankruptcy, some or all of our assets, including your PII, may be disclosed or transferred to a third party acquirer in connection with the transaction.

Information Disclosed for Our Protection and the Protection of Others. We cooperate with government and law enforcement officials or private parties to enforce and comply with the law. We may disclose any information about you to the government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate: (i) to respond to claims, legal process (including subpoenas); (ii) to protect our property, rights, and safety and

the property, rights, and safety of a third party or the public in general; and (iii) to stop any activity that we consider the illegal, unethical, or legally actionable activity.

Not Intended for Children

Our Site is not intended for children under the age of 13. We do not knowingly or specifically collect information from or about children under the age of 13.

Notice for Minors

If you are under the age of 18, and If our Site publicly displays your content, at any time you can delete or remove your content using the deletion or removal method within our Site. If you have questions about how to remove your content, or you need assistance, you can contact us at admin@podcastwithtandem.com. Although we offer deletion capability, you should be aware that the removal of your content may not ensure complete or comprehensive removal of the content or information posted through the Site, especially if it has been shared by others. Also, there may be circumstances in which the law does not require or allow removal even if requested.

Data Protection Rights

If you are a resident of the European Economic Area (EEA), you have certain data protection rights. If you wish to be informed of what personal data we hold about you and if you want it to be removed from our systems, please contact us at admin@podcastwithtandem.com.

In certain circumstances, you have the following data protection rights:

• The right to be informed of your rights

• The right to access, update, or to delete the information we have on you • The right of rectification (to correct mistakes)

• The right to erasure (known as “the right to be forgotten”)

• The right to restrict processing of your data

• The right to data portability

• The right to withdraw consent

Withdrawing Consent

If you wish to withdraw your consent to process your data, please contact us at admin@podcastwithtandem.com. If you withdraw your consent, this will not make the processing that we undertook before you withdrew your consent unlawful.

General Conditions

Thank you and welcome to Tandem! Tandem was founded by the Owners of Gotham Podcast Studio in midtown manhattan. Tandem is a service created out of the hosting needs of the Gotham Podcast Studio clientele. We know what podcasters are looking for when it comes to a podcast hosting company.

About This Site

The Site allows you to host, listen to and/or view, and monetize podcasts (the “Service”). The Site allows you to register for the Service. As discussed in our Privacy Policy, when you register for the Service you'll be asked to provide certain information about yourself, such as your name and username.

We collect additional information depending on your role.

Customers paying via invoice or wire transfer need to provide:

• Company Name

• Company Address

• Contact Name

• Contact Email

• Telephone #

You will also be asked to create a password.

Also, please note that the Site is under constant development. New features may be added frequently, so it’s important to check back to this page for updates.

Paid Service

Tandem shall make available the Services, as well as all associated information and content there, as set out these terms.

Tandem shall use commercially reasonable efforts to make the Service available 24 hours a day, and 365 days a year, except for scheduled and unscheduled maintenance.

to use the Services, you must obtain access to the internet. Tandem is not responsible for any service fees associated with such access, nor is Acast responsible for any costs or equipment necessary for you to make such a connection to the internet or be Abe to use the Services.

To use a Charged Service, you will be charged a fee. This fee is currently collected via Stripe (our "Billing Service Provider"), which has its legal terms.

You will be required to provide the Company and/or its Billing Service Provider with information regarding your credit card or other payment methods. You represent and warrant that such information is true and that you are authorized to use the payment method.

You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date). You hereby authorize the Company to bill you following the terms of your plan until you terminate your account, and you agree to pay any charges so incurred. If you dispute any charges you must notify the Company within thirty (30) days after the date that you are billed.

You can terminate your use of the Service, change your password, and otherwise manage your account using the Site.

We reserve the right to change the Company’s fees. If the Company does change its fees, the Company will provide notice of the change on the Site or in an email to you, at Company’s option, at least 14 days before the change is to take effect. Your continued use of the Service after the fee change becomes effective constitutes your agreement to pay the changed amount.

If you are not satisfied with the Company’s hosting service or need to cancel for whatever reason, you may provide notice of cancellation and request a refund within seven (7) days (the “Refund Period”) of having paid or activated such Service. After the Refund Period, the fees you’ve paid are non-refundable and non-cancellable.

The Company's hosting services automatically renew (annually, or monthly depending on your selection). You may cancel your paid subscription of Charged Services before the automatic renewal at any time. In this case, the Charged Services shall be discontinued upon the expiration of the respective period you have paid for.

Organizational Customers (Business Clients)

If you as an individual signed up for a plan using your corporate email domain or in the name of a business entity (“Customer”), that entity is our customer, and “you” in these Terms refers to that Customer entity except where otherwise specified. Customers can modify and re-assign roles on your podcasts (including an individual’s role) and otherwise exercise its rights under the Terms. If Customer elects to replace you or another individual as the representative with ultimate authority for the podcasts, we will provide notice to the email you used to sign up for the Service, following such election, and you as an individual agree to take any actions reasonably requested by us or Customer to facilitate the transfer of authority to a new representative of Customer.

Individuals authorized by Customer to access the Site (an “Authorized User”) may submit User Content (as defined below) and provide us with instructions on what to do with such User Content. For example, Customer may create or delete a podcast, manage permissions, change settings, add or delete authorized users, or set podcasts to be public or private.

Customer will (a) inform Authorized Users of all Customer policies and practices that are relevant to use of the Site and of any settings that may impact the processing of User Content, and (b) ensure the transfer and processing of User Content under the Terms is lawful.

If your organization signed a business service or SaaS agreement with Company, that agreement may be different from these Terms below. Please contact your organization’s admin or legal department for details.

Publicity

Customer grants Company the right to use Customer’s company/podcast name and logo as a reference for marketing or promotional purposes on Company’s website and in other public or private communications with our existing or potential customers, subject to Customer’s standard trademark usage guidelines as provided to us from time-to-time.

We only want to list customers who want to be listed, so the Customer may send us an email to admin@podcastwithtandem.com if they do not wish to be referenced.

CONTENT AND RESTRICTIONS

You may provide text, images, software, logos, videos, and/or other material, including third-party content (“User Content”) that you share using the Site.

Your User Content belongs to you (or to the relevant third parties). However, you grant the Company the following non-exclusive license: a worldwide, transferable and sub-licensable right to use, copy, modify, distribute, publish, and process, information and your User Content that you provide through the Site, without any further consent, notice, and/or compensation to you or others.

Other users may access and share your User Content and information, via the Site, social media, email, and otherwise.

If you wish us to remove your User Content from the Site, please send an email to admin@podcastwithtandem.com and we will do so within ten business days of receiving your request. (However, we may retain copies of your User Content, not accessible to the public, on our backup servers even after you request removal.)

You are solely responsible for the User Content that you make available via the Site. We do not make an initial review of the content you publish and we are merely providing you a platform for your online distribution and the publication of your User Content.

The following rules pertain to User Content. By transmitting and submitting any User Content while using the Site, you agree to the following:

• You are solely responsible for your account and the activity that occurs while signed in to or while using your account;

• You will not post information that is malicious, false, or inaccurate; • You will not submit any User Content that may be deemed as pornography, defamatory, libelous, obscene, harassing, threatening, incendiary, abusive, racist, offensive, deceptive or fraudulent, encouraging criminal or harmful conduct, or which otherwise violates the rights of the Company or any third party (including any intellectual property rights, privacy rights, contractual or fiduciary rights).

• You will not submit User Content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such User Content, or unless your use of the content is within the scope of fair use;

• You will not use the personal data of any individuals that did not consent to such use, and you will comply with all your obligations as data controller of the personal data you use (under any applicable rules, including the European General Data Protection Regulation), accepting sole liability for any data protection breaches and agreeing to indemnify us and hold us harmless, for any claim made against us on the grounds of a data protection violation committed by you or about your User Content;

◦ Complying with your obligations as data controller includes using personal data of third parties only for lawful purposes, obtaining express consent or relying on other available processing grounds; ensuring the accuracy and correctness of the data you share; comply with any requests from the data subjects to access, correct and remove any such data; comply with security obligations. Please refrain from using personal data of third parties in your content if you cannot ensure compliance with the applicable laws.

• You understand and agree that any liability, loss, or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Site is solely your responsibility.

The Company is not responsible for any public display or misuse of your User Content. The Company does not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we, or the technology we use, may monitor and/or record your interactions with the Site.

USE OF THE SITE

You need to be at least 13 years old to use the Site.

You hereby affirm we have the right to terminate your account with or without prior notice.

USE RESTRICTIONS

Your permission to use the Site is conditioned upon the following restrictions and conditions. You agree that you will not:

• use, display, mirror or frame the Site or any individual element within the Site, Company’s name, any Company trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page or within the App, without Company’s express written consent;

• access, tamper with, or use non-public areas of the Site, Company’s computer systems, or the technical delivery systems of Company’s providers;

• attempt to probe, scan or test the vulnerability of any Company system or network or breach any security or authentication measures;

• avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Company or any of Company’s providers or any other third party (including another user) to protect the Site;

• use any meta tags or other hidden text or metadata utilizing a Company trademark, logo URL or product name without Company’s express written consent;

• use the Site, or any portion thereof, for any commercial purpose or for the benefit of any third party other than as permitted by these Terms;

• forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site to send altered, deceptive or false source-identifying information;

• collect or store any personally identifiable information from the Site or other users of the Site without their express permission;

• impersonate or misrepresent your affiliation with any person or entity;

• sublicense, resell, rent, lease, transfer, assign, timeshare, or otherwise commercially exploit or make the Site available to any third party;

• use the Site for any unlawful purpose or the promotion of illegal activities; • use the Site to attempt to, or harass, abuse or harm another person or group; • use another user’s account without permission;

• interfere or attempt to interfere with the proper functioning of the Site;

• make any automated use of the Site, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure; • attempt to decipher, reverse engineer, decompile, or disassemble any portion of the Site or the software used to provide the Service;

• bypass any robot exclusion headers or other measures we take to restrict access to the Site or use any software, technology, or device to scrape, spider, or crawl the Site or harvest or manipulate data;

• publish or link to malicious content intended to damage or disrupt another user’s browser, computer, or mobile device;

• encourage or enable any other individual to do any of the foregoing.

MONITORING AND COMPLIANCE

Although the Company is not obligated to monitor access to or use of the Site or to review or edit any Content, we have the right to do so to operate the Site, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right but are not obligated, to remove or disable access to the Site or any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

In case we receive a written claim against you claiming that your User Content infringes upon individual rights, we may contact you to address the claim and allow you to solve it directly with the claimant. We may also allow you to challenge such a claim and provide your defense. Please note, however, that we reserve the right to decide on whether or not your User Content breaches our Terms of Use. Our decision is final and unappealable and may result in the removal of your content, the suspension, on or the cancellation of your account, as well as, in the most serious cases and if permitted by law, the referral of the case to the relevant criminal authorities.

TEMPORARY SUSPENSION

• Generally. We may suspend your or any End User’s right to access or use any portion or all of the Service Offerings immediately upon notice to you if we determine:(a) your or an End User’s use of the Service Offerings: (i) poses a security risk to the Service Offerings or any third party, (ii) could adversely impact our systems, the Service Offerings or the systems or Content of any other AWS customer, (iii) could subject us, our affiliates, or any third party to liability, or (iv) could be fraudulent;

(b) you are, or any End User is, in breach of this Agreement;

(d) you are in breach of copyrights

• Effect of Suspension. If we suspend your right to access or use any portion or all of the Service Offerings:(a) you remain responsible for all charges you incur during the period of suspension; and

(b) you will not be entitled to any service credits under the Service Level Agreements for any period of suspension.

INTELLECTUAL PROPERTY

You acknowledge and agree that the Company and its licensors retain ownership of all intellectual property rights of any kind related to the Site (except for User Content), including applicable copyrights, trademarks, and other proprietary rights. The Company reserves all rights that are not expressly granted to you under these Terms.

FEEDBACK

We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the Site (“Feedback”). You may submit Feedback by emailing us at admin@podcastwithtandem.com. You acknowledge and agree that if you submit any Feedback to us, you hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable (through several tiers), and transferable license under any intellectual property rights that you own or control concerning the Feedback to use, reproduce, view, communicate to the public by any means, print, copy (whether onto a hard disk or other media), edit, translate, perform and display (publicly or otherwise), distribute,

redistribute, modify, adapt, make, sell, offer to sell, transmit, license, transfer, stream, broadcast, create derivative works from, and otherwise use and exploit the Feedback for any purpose.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless the Company from any claims, liabilities, expenses, and damages, including reasonable attorneys' fees and costs, made by any third party related to (a) your use or attempted use of the Site in violation of these Terms; (b) your violation of any law or rights of any third party; or (c) User Content, including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights.

If you discover that someone else has posted material belonging to you via the Site without your permission, please note the following.

(a) Termination of Repeat Infringer Accounts. The Company respects the intellectual property rights of others and requests that the users do the same. According to 17 U.S.C. 512(i) of the United States Copyright Act, the Company has adopted and implemented a policy that provides for the termination in appropriate circumstances of users of the Site who are repeat infringers. The Company may terminate access for participants or users who are found repeatedly to provide or post protected third-party content without necessary rights and permissions.

(b) DMCA Take-Down Notices. If you’re a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Site infringe upon your copyrights, you may submit a notification according to the Digital Millennium Copyright Act (see 17 U.S.C 512) (“DMCA”) by sending the following information in writing to the Company’s designated copyright agent

at admin@podcastwithtandem.com:

• The date of your notification;

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

• A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by a single notification, a representative list of such works at the Site;

• A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;

• Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and/or email address;

• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;

• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. (c) Counter-Notices. If you believe that your User Content that has been removed from the Site is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or according to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above:

• Your physical or electronic signature; A description of the content that has been removed and the location at which the content appeared before it was removed;

• A statement that you have a good faith belief that the content was removed as a result of mistake or a misidentification of the content;

• Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in Delaware, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Company copyright agent, the Company may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member, or user, the removed content may (in the Company’s discretion) be reinstated on the Site in 10 to 14 business days or more after receipt of the counter-notice.

ONLINE CONTENT DISCLAIMER

Opinions, advice, statements, offers, or other information or User Content made available through the Site, but not directly by the Company, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such User Content.

The Company does not guarantee the accuracy, completeness, or usefulness of any information on the Site, and neither does the Company adopt nor endorse, nor is the Company responsible for, the accuracy or reliability of any opinion, advice, or statement made by parties other than the Company. The Company takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or sends over the Site. Under no circumstances will the Company be responsible for any loss or damage resulting from anyone’s reliance on information or other User Content posted on the Site, or transmitted to users.

USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM

For contractual purposes, you (a) consent to receive emails via the email address you have submitted when you sign up on the Site; and (b) agree that all terms, agreements, notices, disclosures, and other communications that the Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.

The Company may also use your email address to send you other messages, including information about the Company and Site and special offers. You may opt-out of such email by changing your account settings or sending an email to admin@podcastwithtandem.com

WARRANTY DISCLAIMER

THE SITE AND SERVICE ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SITE AND SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR UPLOADING, DOWNLOADING, AND/OR USE OF FILES, INFORMATION, CONTENT, OR OTHER MATERIAL SENT TO OR OBTAINED FROM THE SITE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.

LIMITATION OF DAMAGES; RELEASE

FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT

RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SITE; (C) THE SITE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SITE AND SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH THE COMPANY OR ANY OTHER USER OF THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), FRAUD, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS 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 WILL COMPANY’S LIABILITY TO YOU EXCEED THE AMOUNT YOU PAY US UNDER THIS AGREEMENT FOR THE SERVICE THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS PRECEDING THE CLAIM.

SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.

MODIFICATION OF TERMS OF USE

The Company can amend these Terms at any time. It’s your responsibility to check the Site from time to time to view any such changes. If you continue to use the Site, you show your agreement to our revisions to these Terms. Any changes to these Terms (other than as outlined in this paragraph) or waiver of the Company’s rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of the Company. No purported waiver or modification of these Terms by the Company via telephonic or email communications shall be valid.

The Company respects the privacy of its users. Please refer to our Privacy Policy (found here), which explains how we collect, use, and disclose information that pertains to your privacy. When you access or use the Site, you show that you agree to this Privacy Policy.

GENERAL TERMS

If any part of these Terms is held invalid or unenforceable, that portion of the Terms will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of the Company to enforce any provision of the Terms will not be considered a waiver of our rare to enforce such provision. Our rights under these Terms will survive any termination of these Terms.

You agree that any legal action related to or arising out of your relationship with the Company must commence within ONE year after the cause of action accrues. Otherwise, such a cause of action is permanently barred.

These Terms and your use of the Site and Service are governed by the concerning the United States of America and the laws of the State of Delaware without regard to conflict of law provisions.

You agree to resolve any claims relating to these Terms or the Site through final and binding arbitration. Any arbitration will be conducted by the American Arbitration Association (AAA) under its commercial arbitration rules. The arbitration will be held in New York, New York.

ARBITRATION MUST BE ON AN INDIVIDUAL BASIS. THIS MEANS NEITHER YOU NOR THE COMPANY MAY JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER USERS, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.

If you attempt to bring any legal action against the Company based in any way you agree that, in the event, the Company does prevail, you will reimburse the Company for any costs and attorneys’ fees associated with its defense of the action.

The Company may assign or delegate these Terms and/or the Company’s Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms or Privacy Policy without the Company’s prior written consent, and any unauthorized assignment and delegation by you is void.

APPLE APP STORE ADDITIONAL LICENSE TERMS

If the App is provided to you through the Apple Inc. (Apple Inc. together with all of its affiliates, “Apple”) App Store, the following terms and conditions apply to you in addition to all the other terms and conditions of these Terms:

a) The parties acknowledge that Apple has no obligation to furnish any maintenance or support services with respect to the App.

b) If any of the terms and conditions in these Terms are inconsistent or in conflict with Apple’s applicable Instructions for Minimum Terms for Developer’s End User License Agreement, located at https:// www.apple.com/legal/internet-services/itunes/appstore/dev/minterms/ (the “Apple EULA Terms”) or the App Store Terms and Conditions, located at https://www.apple.com/legal/internet-services/itunes/ca/ terms.html (the “Apple App Store Terms”) as of the Effective Date, the terms and conditions of the Apple EULA Terms or Apple App Store Terms, as applicable, will apply to the extent of such inconsistency or conflict.

Changes to our Terms and Service

If we decide to change our Terms and service policy, we will post those changes on this page. We may also, but are not required to, send you an email notice.

If you have questions about our Terms and Service Policy, please contact us

at admin@podcastwithtandem.com.

GOOGLE PLAY ADDITIONAL LICENSE TERMS

If the App is provided to you through the Google Inc. (Google Inc. together with all of its affiliates, “Google”) Google Play, the following terms and conditions apply to you in addition to all the other terms and conditions of these Terms of Use:

a) You acknowledge that Google is not responsible for providing support services for the App.

b) If any of the terms and conditions in these Terms of Use are inconsistent or in conflict with Google’s Google Play Developer Distribution Agreement located at https://play.google.com/about/developer distribution-agreement.html (the “Google EULA Terms”) as of the Effective Date, the terms and conditions of Google EULA Terms will apply to the extent of such inconsistency or conflict.

YouTube Terms of Service

If the user chooses to automatically share podcast episodes to YouTube via Tandem, Tandem will use YouTube API Services to upload videos to users' YouTube accounts. By connecting your YouTube account, you agree to YouTube's Terms of Service and Google Privacy Policy. You can manage the third party access to your Google account at the Google Security Setting page.

YOUR AGREEMENT

YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS, UNDERSTAND THE TERMS, AND WILL BE BOUND BY THESE TERMS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS TOGETHER WITH THE PRIVACY POLICY REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.

NOTICE FOR CALIFORNIA USERS

Under California Civil Code Section 1789.3, California users are entitled to the following specific consumer rights notice: Current rates for the Service are at https://podcastwithtandem.com/. You may contact us at admin@podcastwithtandem.com The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.

YOUR AGREEMENT

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