CLUB KERRY NYC: Vocal Dance & Electronic - DJ Kerry John Poynter
Inspiring the NYC & American electronic dance music scene every 128 BPM (beats per minute) at a time. One of the longest running vocal house EDM podcasts ever! (Since 2009). Listed "What's Hot" by Apple iTunes in 2011-2015. "Stylistically Superior! Simply the best vocal house podcast on the net." (iTunes)
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Terms of Service
Liberated Syndication Terms and Conditions of Use For Mylibsyn Subscription Services
Mylibsyn Subscription Terms of Service
THE LEGAL AGREEMENTS SET OUT BELOW GOVERN YOUR USE OF THE MYLIBSYN SUBSCRIPTION SERVICES. TO AGREE TO THESE TERMS, CLICK or CHECK “AGREE” IN THE ACCOUNT AND/OR SUBSCRPTION SET UP PROCESS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK “AGREE,” AND DO NOT USE THE SERVICE. YOU ACKNOWLEDGE THAT BY USE OF THE SERVICE, YOU AGREE TO ABIDE BY AND THEREFORE ARE BOUND BY THESE TERMS.
I. MYLIBSYN SUBSCRIPTION TERMS OF SALE
PAYMENTS, TAXES, AND REFUND POLICY
The Mylibsyn Subscription Service (“Service”) accepts these forms of payment: credit cards issued by American Express, Visa, Mastercard and Discover. Billing occurs at the time of or shortly after your transaction. When making purchases, your credit card is charged for the entire balance of the purchase. Charges will show on your statement as Webmayhem, Inc.
You agree that you will pay for all subscription products (“Product” or “Products”) you purchase through the Service, and that Liberated Syndication (“Libsyn”) may charge your credit card account for any Products purchased and for any additional amounts (including any taxes and late fees, as applicable) that may be accrued by or in connection with your Account. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING LIBSYN WITH A VALID CREDIT CARD FOR PAYMENT OF ALL FEES. All fees will be billed to the credit card you designate during the registration process. If you want to designate a different credit card or if there is a change in your credit card, you must change your information online in the Account Information section of Mylibsyn (my.libsyn.com); this may temporarily disrupt your access to the Service while Libsyn verifies your new payment information.
The price shown at time of subscription purchase will be the price of the Products only. Any applicable sales tax will be added to the price of the Product; such sales tax is based on the bill-to address and the sales tax rate in effect at the time you purchase the Products. We will charge tax only in states where digital goods are taxable.
All sales and subscriptions or rentals of products are final.
Prices for Products offered via the Service may change at any time, and the Service does not provide price protection or refunds in the event of a price reduction or promotional offering.
If a product becomes unavailable following a transaction, your sole remedy is a refund. If technical problems prevent or unreasonably delay delivery of your product, your exclusive and sole remedy is either replacement or refund of the price paid, as determined by Libsyn.
Your use of the Service includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain third party hardware and software, which are your sole responsibility.
Libsyn is not responsible for typographic errors.
II. MYLIBSYN SUBSCRIPTION TERMS AND CONDITIONS
Review the terms and conditions for use of Libsyn’s services and product offerings. These Terms and Conditions of Service (“Terms of Service”) apply to offerings (“Service”) delivered via the Libsyn websites located at www.www.libsyn.com, and www.libsynpro.com and all associated sites linked to these by Libsyn, its subsidiaries and affiliates, including Libsyn sites around the world (collectively, “Site”). The Site is the property of Webmayhem, Inc. doing business as Liberated Syndication and as Libsyn and its licensors. Webmayhem, Inc. is a wholly owned subsidiary of FAB Universal Corp.
These Terms of Service are a legally binding Agreement between you and Libsyn, governing the use of the Service. By use of the Site, you agree to abide by and are therefore bound by the Terms, together with all updates, additional terms, distribution licenses and all of Libsyn’s rules and policies that collectively constitute the Agreement. If you do not agree to these Terms or do not have full power and authority to enter into this Agreement, do not use the Site or Service
MYLIBSYN SUBSCRIPTION SERVICE
Libsyn is the provider of the Mylibsyn Subscription Service, which permits you to purchase or rent digital content (“Subscriptions”) for individual, end user use only under the terms and conditions set forth in this Agreement.
REQUIREMENTS FOR USE OF THE MYLIBSYN SERVICE
Mylibsyn Service is available for individuals aged 13 years or older. If you are 13 or older but under the age of 18, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it.
Use of the Mylibsyn Service requires compatible devices, Internet access, and certain software (fees may apply); may require periodic updates; and may be affected by the performance of these factors. High-speed Internet access is strongly recommended for regular use and is required for video. The latest version of required software is recommended to access the Mylibsyn Service and may be required for certain transactions or features. You agree that meeting these requirements, which may change from time to time, is your responsibility. The Mylibsyn Service is not part of any other product or offering, and no purchase or obtaining of any other product shall be construed to represent or guarantee you access to the Mylibsyn Service.
To utilize the Mylibsyn Service, you must register and create an account (“Account”). Accounts are intended for use by individuals and each individual must register for their own account. You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify Libsyn immediately of any unauthorized use of your account or password, or any other breach of security. However, you may be held liable for losses incurred by Libsyn or any other user of or visitor to the Site due to someone else using your user ID, password or account.
You may not use anyone else’s user ID, password or account at any time without the express permission and consent of the holder of that user ID, password or account. Libsyn will not be liable for any loss or damage arising from your failure to comply with these obligations or the use of your account by any user.
Your account may be suspended or access to the Site blocked by Libsyn at any time, in its sole discretion and without prior notice for reasons including but not limited to failure to pay for service, violation of these Terms, compliance with law enforcement requests, copyright infringement, or issues pertaining to violation of third party distribution terms and conditions.
In order to purchase and access Products from the Mylibsyn Service, you must authenticate by entering your User ID and password for your Account. You can access, manage, add or delete subscriptions within Mylibsyn by logging into my.libsyn.com. You must be 18 years or older to purchase Products from the Mylibsyn Service via credit card. If you are 13 or older but under the age of 18, you must have the express permission and consent of your parent or guardian with whom you reviewed this agreement to purchase Products with the credit card they designate.
For more information, please contact email@example.com.
You agree to provide current, accurate contact and credit card information for billing purposes and keeping it up to date at all times. Libsyn is not responsible for any service interruptions that may result from your contact or payment information being out of date, in error or otherwise invalid. Additionally, you agree to pay for all charges for Service accrued due to invalid or out of date contact or payment information. Libsyn is PCI Security Standard compliant. You acknowledge that your account information is maintained by a third party merchant for use in billing fees to your account.
SERVICE FEATURES AND CONTENT AVAILABILITY
Libsyn reserves the right to change content options (including eligibility for particular features) without notice.
USE OF PURCHASED, RENTED OR SUBSCRIBED CONTENT
You agree that the Mylibsyn Service may include security technology that limits your use of Products and that, whether or not Products are limited by security technology, you shall use Products in compliance with the applicable usage rules established by Libsyn and its licensors (“Use”), and that any other use of the Products may constitute a copyright infringement. Any security technology is an inseparable part of the Products. Libsyn reserves the right to modify Use at any time. You agree not to violate, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security technology related to such Use for any reason—or to attempt or assist another person to do so. Use may be controlled and monitored by Libsyn for compliance purposes, and Libsyn reserves the right to enforce the Use without notice to you. You agree not to access the Mylibsyn Service by any means other than through software, apps or portals that are provided by Libsyn for accessing the Service. You shall not access or attempt to access an Account that you are not authorized to access. You shall not provide another person access to or Use of your Account for the purpose of circumventing security technology. You agree not to modify the software in any manner or form, or to use modified versions of the software, for any purposes including obtaining unauthorized access to the Service. Violations of system or network security may result in civil or criminal liability.
USE OF SERVICE AND CONTENT
(i) You shall be authorized to use Mylibsyn Products and access Content only for personal, noncommercial use unless specifically authorized to do so in writing. Use of the Service is for individual Account holders.
(ii) You shall be authorized to use Products and access Content across an unlimited number of supported devices or portals except as limited by the stipulations listed above in Your Account and below in Account Subscriptions.
(iii) You may be provided with limited access to download certain content or bonus materials and Content as a feature of the Service on supported devices or portals. You are authorized to access and use this content and material only under the terms of the Products purchased and as outlined in this Agreement.
(iv) Per Account, Mylibsyn Service includes functionality that allows you unlimited access to content on a subscription basis (“Subscriptions”). Paid Subscriptions are non-refundable. Subscriptions will automatically renew for the applicable time period you have selected, and, where applicable, your Account will be charged within 24-hours of the expiration of the current Subscription. You may cancel your subscription(s) at any time by logging into my.libsyn.com. Cancellation is effective immediately. Libsyn does not provide refunds for any partial-subscription periods or content/material that has not been accessed.
The delivery of Products does not transfer to you any commercial or promotional use rights in the Products or Content. Any downloading or access capabilities are solely an accommodation to you and shall not constitute a grant, waiver, or other limitation of any rights of the copyright owners in any content embodied in any Product.
You acknowledge that, because of the nature of the Service, Products, and Use entail the ongoing involvement of Libsyn for delivery, if Libsyn changes any part of or discontinues the Service, which Libsyn may do at its election, you may not be able to use Products to the same extent as prior to such change or discontinuation, and that Libsyn shall have no liability to you in such case.
OBJECTIONABLE MATERIAL AND CONTENT
You understand that by using the Service, you may encounter material that you may deem to be offensive, indecent, or objectionable, and that such content may or may not be identified as having explicit material. Nevertheless, you agree to use the Service at your sole risk and Libsyn shall have no liability to you for material that may be found to be offensive, indecent, or objectionable. Product and Content descriptions are provided for convenience, and you agree that Libsyn does not guarantee their accuracy.
You agree that the Service, including but not limited to Products, graphics, user interface, audio clips, video clips, editorial content, and the scripts and software used to implement the Service, contains proprietary information and material that is owned by Libsyn and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Service in compliance with this Agreement. No portion of the Service may be reproduced in any form or by any means, except as expressly permitted in these terms. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service in any manner, and you shall not exploit the Service in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity.
Notwithstanding any other provision of this Agreement, Libsyn and its licensors reserve the right to change, suspend, remove, or disable access to any Products, content, or other materials comprising a part of the Service at any time without notice. In no event will Libsyn be liable for making these changes. Libsyn may also impose limits on the use of or access to certain features or portions of the Service, in any case and without notice or liability.
All copyrights in and to the Service and related software are owned by Libsyn and/or its licensors, who reserve all their rights in law and equity. THE USE OF THE SOFTWARE OR ANY PART OF THE SERVICE, EXCEPT FOR USE OF THE SERVICE AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.
Libsyn Software and all affiliated subsidiaries, their logos, and other Libsyn trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or registered trademarks of Libsyn. Other trademarks, service marks, graphics, and logos used in connection with the Service may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.
As an Account holder of the Service in good standing, you may be provided with limited access to download certain content or bonus material. Such access is provided as an accommodation only, and Libsyn does not warrant, and will not have any liability or responsibility for, such content or your use thereof. Access to this content is provided for personal, noncommercial use only. You agree that you will not use this content in any manner that would infringe or violate this Agreement or the rights of any other party, and that Libsyn is not in any way responsible for any such use by you. You agree to refrain from Use of any unauthorized Materials, Content or software you may have downloaded or have access to and to delete it from all devices.
If you fail, or Libsyn suspects that you have failed, to comply with any of the provisions of this Agreement, Libsyn, at its sole discretion, without notice to you may: (i) terminate this Agreement and/or your Account, and you will remain liable for all amounts due under your Account up to and including the date of termination; and/or (ii) terminate the license to the software; and/or (iii) preclude access to the Service (or any part thereof).
Libsyn reserves the right to modify, suspend, or discontinue the Service (or any part or content thereof) at any time with or without notice to you, and Libsyn will not be liable to you or to any third party should it exercise such rights.
LIBSYN DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SERVICE WILL PROVIDE SPECIFIC RESULTS. THE SERVICE, PRODUCTS AND CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED IS SUBJECT TO CHANGE WITHOUT NOTICE. LIBSYN CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SERVICE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. LIBSYN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LIBSYN DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SERVICE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SERVICE, CONTENT AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST LIBSYN FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
Libsyn reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Service, or any portion of the Service, for any reason; (2) to modify or change the Service, or any portion of the Service, and any applicable policies or terms; and (3) to interrupt the operation of the Service, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS AND CONTENT DELIVERED TO YOU THROUGH THE SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY LIBSYN) PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
LIBSYN SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICE, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND LIBSYN HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
LIBSYN DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND LIBSYN DISCLAIMS ANY LIABILITY RELATING THERETO. SOME PRODUCTS CANNOT BE REPLACED IF LOST FOR ANY REASON. YOU SHALL BE RESPONSIBLE FOR PROVIDING PROOF OF PURCHASE VIA RECEIPT FOR ANY PRODUCTS PURCHASED OR RENTED VIA SUBSCRIPTIONS FROM MYLIBSYN.
LIMITATION OF LIABILITY
Except where prohibited by law, in no event will Libsyn, its Directors, Officers, Employees, Affiliates, Agents, Contractors, or Licensors be liable to you for any direct, indirect, special, consequential, exemplary, incidental, statutory or punitive damages, including but not limited to, any errors or omissions in any Content, or any loss or damage of any kind, for your Use of the Service or for any other claim related to your Use of the Service
You agree to indemnify and hold Libsyn, its Officers, Directors, Shareholders, Predecessors, Successors in interest, Employees, Agents, Subsidiaries and Affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Libsyn by any third party due to or arising out of or in connection with your breach of this Agreement, your Use of the Service or any action taken by Libsyn under the Terms of this Agreement, including, but not limited to, Your Account, Use or the Content.
Libsyn reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on your use of the Service. Such modifications and additional terms and conditions will be effective immediately and incorporated into this Agreement. Your continued use of the Service will be deemed acceptance thereof.
This Agreement constitutes the entire agreement between you and Libsyn and governs your use of the Service, superseding any prior agreements between you and Libsyn. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Libsyn’s failure to enforce any right or provisions in this Agreement will not constitute a waiver of such or any other provision. Libsyn will not be responsible for failures to fulfill any obligations due to causes beyond its control.
The Service is operated by Libsyn from its offices in the United States. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Service. All transactions on the Service are governed by Pennsylvania law, without giving effect to its conflict of law provisions. Your use of the Service may also be subject to other laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Libsyn or relating in any way to your use of the Service resides in the courts in the Commonwealth of Pennsylvania.
Libsyn may notify you with respect to the Service by sending an email message to your Account email address or by a posting on the Service. Notices shall become effective immediately.
Libsyn reserves the right to take steps Libsyn believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You agree that Libsyn has the right, without liability to you, to disclose any Registration Data and/or Account information to law enforcement authorities, government officials, and/or a third party, as Libsyn believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to Libsyn’s right to cooperate with any legal process relating to your use of the Service and/or Products, and/or a third-party claim that your use of the Service and/or Products is unlawful and/or infringes such third party’s rights).
Last updated: March 15, 2013
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