PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.
Will these Terms or the Services ever change?
We are constantly trying to improve our Services, so these Terms may need to change along with the Services over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on the Website, by sending you an email, and/or by some other means.
If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.
We’ll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn’t always practical. However, we will not, unless you agree, make any changes in respect of any Services you have already paid for that would significantly reduce the type or level of service you receive (except if we need to do so for security, legal, or regulatory reasons) and/or increase the charges you are obliged to pay.
We will always give you as much notice as we reasonably can of such significant changes, including notice of when the changes go into effect, on the understanding that you have the option of accepting them or cancelling your Subscription (as defined below) without penalty, in which case, you should notify us that you wish to cancel your Subscription through your account page or through the App Store you used for the purchase. If you do not cancel your Subscription before the date on which the changes come into effect (which we will notify to you), this will mean that you have accepted them.
We may, from time to time, with or without prior notice, temporarily suspend the operation of any Service (in whole or in part) for repair or maintenance work or in order to update or upgrade any contents, features or functionality. Similarly, we reserve the right to remove any Content (as defined below) from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.
Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.
What are the basics of using The Koz and Bru Show?
Certain aspects of the Services allow you to sign up for an account, and select a password and user name (“The Koz and Bru Show User ID”). You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your The Koz and Bru Show User ID a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.
You represent and warrant that you are of legal age to form a binding contract. If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity).
You will only use the Services for your own internal or personal use, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law.
You must not share your account or password with anyone, and you must protect the security of your account and your password. You’re responsible for any activity associated with your account.
Your use of the Services is subject to the following additional restrictions:
You represent, warrant, and agree that you will not contribute any Content or User Submission (each of those terms is defined below) or otherwise use the Services or interact with the Services in a manner that:
- infringes or violates the intellectual property rights or any other rights of anyone else (including The Koz and Bru Show);
- violates any law or regulation, including any applicable export control laws;
- is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
- jeopardizes the security of your account with The Koz and Bru Show or anyone else’s (such as allowing someone else to log in to the Services as you);
- attempts, in any manner, to obtain the password, account, or other security information from any other user;
- violates the security of any computer network, or cracks any passwords or security encryption codes;
- runs any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
- “crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
- copies or stores any significant portion of the Content;
- decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services;
- bypasses the measures we may use to prevent or restrict access to the Services or Content, including without limitation features that prevent or restrict use or copying of any Content or enforce limitations on use of the Services or the Content; or
- monetizes the Content through advertising, subscriptions, or other means.
A violation of any of the foregoing is grounds for our termination of your right to use or access the Services.
What are my rights in The Koz and Bru Show?
The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Submissions (as defined below), podcasts, live chatroom, audio and video content, and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including The Koz and Bru Show’s) rights.
You acknowledge that The Koz and Bru Show and its licensors own the Services. You must not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, post on other websites any copies of, or otherwise exploit any of the Services.
The Services may allow you to copy or download certain Content; please remember that just because this functionality exists, doesn’t mean that all the restrictions above don’t apply – they do!
Who is responsible for what I see and do on the Services?
Any information or content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such content originated, and you access all such information and content at your own risk; we aren’t liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. We can’t guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services. If the Services provide professional information (for example, financial, legal, or medical), such information is for informational purposes only and should not be construed as professional advice. No action should be taken based upon any information contained in the Service. You should seek independent professional advice from a person who is licensed and/or qualified in the applicable area.
You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. You will keep all your registration information accurate and current. You are responsible for all of your activity in connection with the Services.
The Koz and Bru Show has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party websites or by any third party that you interact with through the Services. In addition, The Koz and Bru Show will not and cannot monitor, verify, censor, or edit the content of any third-party site or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third-party website or service.
Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that The Koz and Bru Show shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
If there is a dispute between participants on this site, or between users and any third party, you agree that The Koz and Bru Show is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release The Koz and Bru Show, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. If you are a California resident, you shall and hereby do waive all rights under California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor.”
Does The Koz and Bru Show cost anything?
Certain parts of the Services may be free, and we may charge a fee for using other parts of the Services. If you are using the free version of the Services, some functionality may be limited, and we reserve the right to charge for certain or all Services in the future. We will notify you before any Services you are then using begin carrying a fee, and if you wish to continue using such Services, you must pay all applicable fees for such Services.
Subscriptions. Certain portions of the Services may require you to sign up for a subscription in order to access them (“Subscription”). Subscriptions may be purchased by clicking on the service or subscription term you wish to subscribe to and then following the prompts that will appear on-screen. You may check and correct any input errors in your purchase up until the point at which you submit your purchase request to us by clicking the “Subscribe” button on the checkout page.
You acknowledge that by clicking on the “Subscribe” button you enter into an obligation to pay for the Subscription and a contract will be formed between you and us in relation to the Subscription ordered.
When you sign up for a Subscription, you will be charged a subscription fee based on the type of Subscription you select and the length of your Subscription (the “Subscription Term”). The subscription fee for the Services (“Subscription Fee”) will be charged to you in advance as further described below.
We may add new services for additional fees and charges, or amend fees and charges for existing services, at any time, but we will notify you before any such change comes into effect.
Auto-Renewal for Subscriptions. Your Subscription will be automatically renewed at the end of each Subscription Term and your Payment Method (defined below) will be charged for the next Subscription Term. If you wish to cancel auto-renewal of your Subscription for the following Subscription Term, you must cancel your plan through your account page or through the App Store you used for purchase at least one (1) day prior to the end of your then-current Subscription Term. The Koz and Bru Show may change the Subscription Fee upon notice to you, but such change will only take effect once your then-current Subscription Term has ended. If you do not wish to pay the new Subscription Fee, your only remedy will be to cancel your Subscription for the following Subscription Term, prior to the expiration of your then-current Subscription Term.
Cancellation; No Refunds. You may cancel your Subscription at any time on your account page; however, there are no refunds for cancellation. If you cancel before the end of your Subscription Term you will have access to your account for the remainder of the Subscription Term. If you signed up for a Subscription through the iOS App Store or Google Play store, you must cancel or change your Subscription via the applicable app stores. In the event that The Koz and Bru Show suspends or terminates your account for your breach of these terms, you acknowledge and agree that you will receive no refund or exchange for any unused time on a Subscription, any Subscription Fees for any portion of the Services, any Content associated with your account, or for anything else.
Billing. We use a third-party payment processor (the “Payment Processor”) to bill you through a payment account linked to your account on the Services (your “Billing Account”) for your Subscription Fees. The processing of payments will be subject to the terms, conditions, and privacy policies of the Payment Processor in addition to these Terms. We are not responsible for error by the Payment Processor. By signing up for a Subscription, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for such Subscription in accordance with the applicable payment terms, and you authorize us, through the Payment Processor, to charge your chosen payment provider (for example, a credit or debit card you provide) (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that the Payment Processor makes even if it has already requested or received payment.