4ocean, PBC Podcast Terms and Conditions
Effective Date: October 4, 2024
PLEASE READ THIS AGREEMENT CAREFULLY. IT SETS FORTH THE LEGALLY
BINDING TERMS AND CONDITIONS FOR YOUR ACCESS TO THE PODCAST.
THESE TERMS REQUIRE YOU ARBITRATE ANY DISPUTES YOU HAVE WITH US
AND YOU WAIVE THE ABILITY TO BRING CLAIMS AGAINST US IN A CLASS
ACTION FORMAT.
A. Introduction
4ocean is stoked to present a Podcast that will highlight our mission to end
the ocean plastic crisis. We will be inviting Guest Speakers and/or Sponsors to
share their stories, insights, and actions they’ve taken along the way, whether
it be by engaging in sustainable business practices, reducing dependency on
single use plastics, or partnering with 4ocean in making an impact on
removing the plastics and trash in our rivers, coastlines, and oceans.
The views expressed by our Guest Speakers and/or Sponsors are solely those
of the individuals. This Podcast is primarily for educational purposes and
should not be construed as any form of professional advice.
This document outlines the 4ocean, Public Benefit Corporation (“4ocean”)
Podcast Terms and Conditions (“Terms and Conditions”) under which you, the
user (You/Your) may access the content and functionality of the Podcast via
third party providers or hosted at the website www.4ocean.com (the
“Website”).
If You want to download and/or listen to a 4ocean Podcast, than carefully
read these entire Terms, as they constitute a written agreement between You
and us and they affect Your legal rights and obligations. Each time You
access and/or use the Podcast (other than to simply read these Terms), You
agree to be bound by and comply with these Terms and any Additional
Terms (defined below) then posted.
Therefore, do not listen to the Podcast if You do not agree. The business
realities associated with operating the Podcast are such that, without the
limitations that are set forth in these Terms, such as Your grants and waivers
of rights, the limitations on our liability, Your indemnity of us, and the
arbitration of certain disputes - we would not make the Podcast available to
You.
By accessing and/or listening to the Podcast, You agree to be bound by these
Terms. In some instances, both these Terms and separate guidelines, rules, or
terms of use or sale setting forth additional or different terms and/or
conditions will apply to Your use of the Podcast or to a service or product
offered via the Podcast (in each such instance, and collectively "Additional
Terms"). To the extent there is a conflict between these Terms and any
Additional Terms, the Additional Terms will control unless the Additional
Terms expressly state otherwise. Additionally, certain features and services
made available through the Podcast from time to time may be governed by
different terms of use.
By accessing third party providers sites and/or the Website, You are agreeing
to be bound by all applicable terms of service, including the Website’s
Acceptable Use Policy and Privacy Policy, all applicable laws and regulations,
and agree that You are responsible for compliance with any applicable local
laws. If You do not agree with any of these terms, You are prohibited from
using or accessing these sites. The materials contained in these websites are
protected by applicable copyright and trademark law. Listener data may be
gathered in accordance to the applicable Privacy Policy of the hosted
website.
You agree that: (i) we may give You notices of new, revised or changed terms
and other important matters by prominently posting notice on the
homepage of the Podcast, or in another reasonable manner that we may
elect; and (ii) we may contact You by mail or email sent to the address
provided by You. You agree to promptly notify us if You change your email or
mailing address by updating your account information, if applicable. If you
have a question regarding using the Podcast, you may contact us at
info@4ocean.com. You acknowledge that the provision of customer support
is at 4ocean's sole discretion and that we have no obligation to provide You
with customer support of any kind.
B. Eligibility
You must be at least 18 years old of age or older to access the Podcast. If You
are not at least 18 years old, You must be at least 16 years old and have a
parent’s or legal guardian’s permission to access the Podcast.
By accessing the Podcast, You represent and warrant to 4ocean that You are
either at least 18 years of age or if not, that You are at least 16 years of age and
have Your parent’s or legal guardian’s permission to access the Podcast, and
that You have the capacity and authority to abide by the Terms and
Conditions.
You also represent to 4ocean that You will not use the Podcast in a manner
inconsistent with applicable laws and regulations in Your jurisdiction.
C. Podcast Content, Ownership, Limited License and Rights of Others
1. Content. The Podcast contains a variety of: (i) materials and other items
relating to 4ocean, its mission, products and services, Guest Speakers, and
similar items from our licensors and other third parties, including all layout,
information, articles, posts, text, data, files, images, scripts, designs, graphics,
button icons, instructions, illustrations, photographs, audio clips, show
content, music, sounds, pictures, videos, advertising copy, URLs, technology,
software, interactive features, the "look and feel" of the Podcast, and the
compilation, assembly, and arrangement of the materials of the Podcast and
any and all copyrightable material (including source and object code); (ii)
trademarks, trade dress, logos, trade names, service marks, and/or trade
identities of various parties, including those of 4ocean (collectively,
"Trademarks"); and (iii) other forms of intellectual property (all of the
foregoing, collectively "Content"). NO CONTENT IS INTENDED TO
CONSTITUTE PROFESSIONAL ADVICE, WHETHER MEDICAL, FINANCIAL,
LEGAL OR OTHERWISE. 4OCEAN, GUEST SPEAKERS, AND THOSE POSTING
OR OTHERWISE PROVIDING INFORMATION, CONTENT OR MATERIAL ARE
NOT RESPONSIBLE OR LIABLE FOR ANY CONSEQUENCES RELATING
DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED
ON THE INFORMATION, CONTENT OR OTHER MATERIAL ON THE PODCAST.
You understand that by using and accessing the Podcast, You may encounter
Content that You may deem to be offensive or objectionable, and that such
Content may or may not be identified as having explicit material.
Nevertheless, You agree to the use of the Podcast at Your sole risk and
4ocean and its Guest Speakers shall have no liability to You for material that
may be found to be offensive or objectionable.
2. Ownership. The Podcast (including past, present, and future versions) and
the Content are owned or controlled by 4ocean, our licensors and/or certain
other third parties. All right, title, and interest in and to the Content available
via the Podcast is the property of 4ocean or our licensors or certain other
third parties, and is protected by U.S. and international copyright, trademark,
trade dress, patent, and/or other intellectual property and unfair competition
rights and laws to the fullest extent possible. 4ocean owns the copyright in
the selection, compilation, assembly, arrangement, and enhancement of the
Content on the Podcast.
The trademarks, service marks, logos, content, and material, including all test,
imagines, and the html used to generate the Podcast, provided by 4ocean
("4ocean Property") on the Podcast or hosting site, are owned by or licensed
to 4ocean, subject to copyright, patent, trademark, and other intellectual
property rights under United States and/or foreign law. By using or accessing
the Podcast, You acknowledge 4ocean's rights in and to the 4ocean Property
and You agree not to challenge or contest such rights and not to remove,
deface, copy, resell, manipulate, exploit, create derivative works, republish,
upload, edit, post, transmit, or distribute in any way whatsoever, or modify the
4ocean Property or any part the Podcast or hosting site for any commercial
purposes without the prior written consent of 4ocean. Your use of 4ocean
Property is subject to these Terms and Conditions.
3. Limited License. Subject to Your strict compliance with these Terms and
any Additional Terms, 4ocean grants You a limited, non-exclusive, revocable,
non-assignable, personal, and non-transferable license to: (i) download
(temporary storage only), display, view, use, play, and/or print one copy of the
Content (excluding source and object code in raw form or otherwise, other
than as made available to access and use to enable display and functionality)
on a personal computer, mobile phone or other wireless device, or other
Internet enabled device (each, a "Device") for Your personal, non-commercial
use only. The foregoing limited license: (i) does not give You any ownership of,
or any other intellectual property interest in, any Content, and (ii) may be
immediately suspended or terminated for any reason, in 4ocean's sole
discretion, and without advance notice or liability. The temporary, revocable,
and non-transferable license shall automatically terminate if You violate any
of these restrictions in these Terms and Conditions. Upon terminating your
viewing of these materials or license, You must destroy any downloaded
materials in your possession whether in electronic or printed format. In some
instances, we may permit You to have greater access to and use of Content,
subject to certain Additional Terms.
4. Rights of Others. When using the Podcast, You must respect the
intellectual property and other rights of 4ocean and others. Your
unauthorized use of Content may violate copyright, trademark, privacy,
publicity, communications, and other laws, and any such use may result in
Your personal liability, including potential criminal liability.
D. Podcast and Content Use Restrictions
1. Podcast Use Restrictions. You agree that you will not: (i) use the Podcast
for any political or commercial purpose (including, without limitation, for
purposes of advertising, soliciting funds, collecting product prices, and selling
products); (ii) use any meta tags or any other "hidden text" utilizing any
Trademarks; (iii) engage in any activities through or in connection with the
Podcast that seek to attempt to or do harm any individuals or entities or are
unlawful, defamatory, hateful, offensive, obscene, lewd, lascivious, filthy,
violent, threatening, bullying, harassing, or abusive, or that violate any right of
any third party, including but not limited to copyright, trademark, trade
secret or other intellectual property rights of others or violates the privacy,
publicity, or other personal rights of others, or are otherwise objectionable to
4ocean; (iv) reverse engineer, decompile, disassemble, reverse assemble, or
modify any Podcast source or object code or any software or other products,
services, or processes accessible through any portion of the Podcast; (v)
engage in any activity that interferes with a user's access to the Podcast or
the proper operation of the Podcast, or otherwise causes harm to the
Podcast, 4ocean, Guest Speakers, or other users of the Podcast; (vi) interfere
with or circumvent any security feature of the Podcast or any feature that
restricts or enforces limitations on use of or access to the Podcast, the
Content, or the User-Generated Content (defined below); (vii) harvest or
otherwise collect or store any information (including personally identifiable
information about other users of the Podcast, including email addresses,
without the express consent of such users); (viii) attempt to gain
unauthorized access to the Podcast, other computer systems or networks
connected to the Podcast, through password mining or any other means; (ix)
submit any software or other materials that contain any viruses, worms,
Trojan horses, defects, date bombs, time bombs, or other items of a
destructive nature;(x) manipulate identifiers, including by forging headers, in
order to disguise the origin of any User Content that you submit; (xi) "frame"
or "mirror" any part of the Podcast; (xii) remove any copyright, trademark, or
other proprietary rights notices contained on the Podcast; (xiii) use any
computer program, bot, robot, spider, offline reader, site search/retrieval
application, or other manual or automatic device, tool, or process to retrieve,
index, data mine, or in any way reproduce or circumvent the security
structure, navigational structure, or presentation of the Content or the
Podcast. Operators of public search engines may use spiders to copy
materials from the Podcast for the sole purpose of and solely to the extent
necessary for creating publicly available searchable indices of the materials,
but not caches or archives of such materials. We may revoke this exception at
any time and require removal of archived materials gathered in the past; (xiv)
use any automated software or computer system to search for, reserve, buy,
or otherwise obtain discount codes, promotional codes, vouchers, credits, gift
cards, or any other items available on the Podcast, including sending
information from Your computer to another computer where such software
or system is active; (xv) take any action that imposes or may impose (in our
sole discretion) an unreasonable or disproportionately large load on our
infrastructure; (xvi) transmit or transfer (by any means) information or
software derived from the site to foreign countries or certain foreign nations
in violation of United States of America export control laws; or (xvii) otherwise
violate these Terms or any Additional Terms.
Violations of system or network security may result in civil and/or criminal
liability. 4ocean may investigate occurrences which may involve such
violations and may obtain the support of, and cooperate with, law
enforcement authorities in prosecuting users who are associated with such
violations.
2. Content Use Restrictions. You also agree that, in using the Podcast: (i) You
will not monitor, gather, copy, or distribute the Content (except as may be a
result of standard search engine activity or use of a standard browser) on the
Podcast by using any robot, rover, "bot", spider, scraper, crawler, spyware,
engine, device, software, extraction tool, or any other automatic device, utility,
or manual process of any kind; (ii) You will not frame or utilize framing
techniques to enclose any such Content (including any images, text, or page
layout); (iii) You will keep intact all Trademark, copyright, and other
intellectual property notices contained in such Content; (iv) You will not use
such Content in a manner that suggests an unauthorized association with
4ocean, Guest Speaker, Sponsors, or any of our or our licensors' products,
services, or brands; (v) You will not make any modifications to such Content;
(vi) You will not copy, modify, reproduce, archive, sell, lease, rent, exchange,
create derivative works from, publish by hard copy or electronic means,
publicly perform, display, disseminate, distribute, broadcast, retransmit,
circulate or transfer to any third party or on any third-party application or
website, or otherwise use or exploit such Content in any way for any purpose
except as specifically permitted by these Terms or any Additional Terms or
with the prior written consent of an officer of 4ocean or, in the case of
Content from a licensor, the owner of the Content; and (vii) You will not insert
any code or product to manipulate such Content in any way that adversely
affects any user experience.
3. Availability of Podcast and Content. 4ocean reserves the right, for any
reason and at any time, in our sole discretion and without notice to You, to
terminate, change, suspend, or discontinue any part of the Podcast, including
but not limited to information, data, text, music, sound, photographs,
graphics, video, messages, or other materials, features, and/or hours of
availability, and 4ocean will not be liable to You or any third party for doing so.
We may also impose rules for and limits on use of the Podcast hosting site or
restrict Your access to part, or all, of the site without notice or penalty. We
have the right to change these rules and/or limitations at any time, in our sole
discretion.
4. Reservation of All Rights Not Granted as to Content and Podcast. These
Terms and any Additional Terms include only narrow, limited grants of rights
to Content and to use and access the Podcast. No right or license may be
construed, under any legal theory, by implication, estoppel, industry custom,
or otherwise. All rights not expressly granted to You are reserved by 4ocean
and its licensors and other third parties. Any unauthorized use of any Content
or the Podcast for any purpose is prohibited.
E. Content You Submit
1. General. We welcome Your comments and feedback about the Podcast,
Website and our products. 4ocean may now or in the future offer You the
opportunity to post, upload, display, publish, distribute, transmit or otherwise
make available on or submit through the Podcast hosting site, messages,
text, files, comments, responses, information, content, results, reviews,
suggestions, personally identifiable information, or other information or
materials and the ideas contained therein (collectively, "User-Generated
Content"). 4ocean may allow You to do this through contacting us, emailing,
and other communications functionality. Subject to the rights and license
You grant in these Terms, You retain whatever legally cognizable right, title,
and interest that You have in Your User-Generated Content and You remain
ultimately responsible for it. You are solely responsible for information that
You submit, post, upload, share or store to 4ocean or on the Podcast hosting
site, and You are responsible for the consequences of such postings. 4ocean
takes no responsibility and assumes no liability for any Comments posted by
You or any third party.
You may not use a false email address, pretend to be someone other than
Yourself, or otherwise mislead Us or third parties as to the origin of any User-
Generated Content. You agree to clearly and conspicuously disclose if You
received compensation or other incentive of any kind, from any source, in
exchange for posting User-Generated Content.
You agree that in submitting User-Generated Content You will not
impersonate any person, or submit any User-Generated Content that is false,
inaccurate, misleading, libelous, unlawful, abusive, obscene, in violation of the
rights of others, right of any third party, including copyright, trademark,
privacy or other personal or proprietary right, contain any computer virus or
other malware that could in any way affect the operation of the Podcast, or
are otherwise in violation of Your obligations under these Terms and
Conditions. You also hereby represent that the information and User-
Generated Content You submit, post, upload, share, or store is true and
correct and that any representations made by You are true and correct.
4ocean reserves the right to expel users and prevent their further access to
the Podcast for violating these Terms and Conditions or applicable laws, rules
,or regulations. If notified by a user of any materials and User-Generated
Content which allegedly do not conform to this Terms and Conditions,
4ocean may in its sole discretion investigate the allegation and determine
whether to take any other actions whether to remove or request the removal
of the User-Generated Content. 4ocean has no liability or responsibility to the
users for performance or nonperformance of such activities.
2. Non-Confidentiality of Your User-Generated Content. Except as
otherwise described in any Additional Terms, you agree that: (a) Your User-
Generated Content will be treated as non-confidential — regardless of
whether You mark them "confidential," "proprietary," or the like — and will not
be returned; and (b) 4ocean does not assume any obligation of any kind to
You or any third party with respect to Your User-Generated Content. Upon
4ocean's request, You will furnish us with any documentation necessary to
substantiate the rights to such content and to verify your compliance with
these Terms or any Additional Terms. You acknowledge that the Internet and
mobile communications may be subject to breaches of security and that you
are aware that submissions of User-Generated Content may not be secure,
and You will consider this before submitting any User-Generated Content
and do so at your own risk. In Your communications with 4ocean, please keep
in mind that we do not seek any unsolicited ideas or materials for products or
services, or even suggested improvements to products or services, including,
without limitation, ideas, concepts, inventions, or designs for websites,
services, products or otherwise (collectively, "Unsolicited Ideas and Materials").
Any Unsolicited Ideas and Materials You post on or send to us are deemed
User-Generated Content and licensed to us as set forth below. In addition,
4ocean retains all of the rights held by members of the general public with
regard to Your Unsolicited Ideas and Materials. 4ocean's receipt of Your
Unsolicited Ideas and Materials is not an admission by 4ocean of their novelty,
priority, or originality, and it does not impair 4ocean's right to contest existing
or future intellectual property rights relating to Your Unsolicited Ideas and
Materials.
3. License to 4ocean of Your User-Generated Content. Except as otherwise
described in any applicable Additional Terms, which specifically govern the
submission of Your User-Generated Content), You hereby grant to 4ocean,
and You agree to grant to 4ocean, the non-exclusive, unrestricted,
unconditional, unlimited, worldwide, irrevocable, perpetual, and cost-free
right and license to use, copy, record, distribute, reproduce, disclose, sell, re-
sell, sublicense (through multiple levels), display, publicly perform, transmit,
publish, broadcast, translate, modify, make derivative works of, and otherwise
use and exploit in any manner whatsoever, all or any portion of Your User-
Generated Content (and derivative works thereof), for any purpose
whatsoever in all formats, on or through any means or medium now known
or hereafter developed, and with any technology or devices now known or
hereafter developed, and to advertise, market, and promote the same.
Without limitation, the granted rights include the right to: (a) configure, host,
index, cache, archive, store, digitize, compress, optimize, modify, reformat,
edit, adapt, publish in searchable format, and remove such User-Generated
Content and combine same with other materials, and (b) use any ideas,
concepts, know-how, or techniques contained in any User-Generated
Content for any purposes whatsoever, including developing, producing, and
marketing products and/or services. In order to further effect the rights and
license that You grant to 4ocean to Your User-Generated Content, You also
hereby grant to 4ocean, and agree to grant to 4ocean, the unconditional,
perpetual, irrevocable right to use and exploit Your name, persona, and
likeness in connection with any User-Generated Content, without any
obligation or remuneration to You. Except as prohibited by law, You hereby
waive, and You agree to waive, any moral rights (including attribution and
integrity) that You may have in any User-Generated Content, even if it is
altered or changed in a manner not agreeable to You. To the extent not
waivable, You irrevocably agree not to exercise such rights (if any) in a
manner that interferes with any exercise of the granted rights. You
understand that you will not receive any fees, sums, consideration, or
remuneration for any of the rights granted in this Section E(3). You should not
submit any User-Generated Content to Us that You do not wish to license to
us.
If You believe that Your copyrighted work or trademark has been uploaded,
posted, stored, or copied to 4ocean without Your authorization or consent
and is accessible in a way that constitutes an act of copyright or trademark
infringement, please contact 4ocean Public Benefit Corporation, Attention:
4ocean, Legal Dept., 3600 FAU Boulevard, Boca Raton, FL 33431, or send an
email to info@4ocean.com. Please include in Your correspondence:
(1) Description of the copyrighted work claimed to have been infringed;
(2) Identification of the allegedly infringing material on the Sites including the
URL where the material is available or a copy of it;
(3) The name, address, daytime telephone number, and an email address of
the person submitting the notice, so that We may contact You;
(4) A statement in “good faith belief” that the use of the work is not
authorized by the copyright owner, its agent, or the law;
(5) A statement that all of the information in the notification is accurate and,
under penalty of perjury, that the signatory is the copyright owner or
authorized to act on behalf of the copyright owner; and
(6) An electronic or physical signature of the copyright owner or someone
authorized on the owner's behalf.
F. Links by You to the Podcast
We grant You a limited, non-exclusive, revocable, non-assignable, personal,
and non-transferable license to create hyperlinks to the Podcast, so long as:
(a) the links only incorporate text, and do not use any Trademarks, (b) the
links and the content on Your website do not suggest any affiliation with
4ocean or cause any other confusion, and (c) the links and the content on
Your website do not portray 4ocean or its products or services in a false,
misleading, derogatory, or otherwise offensive matter, and do not contain
content that is unlawful, hateful, offensive, obscene, lewd, lascivious, filthy,
violent, threatening, harassing, or abusive, or that violate any right of any third
party or are otherwise objectionable to 4ocean. 4ocean reserves the right to
suspend or prohibit linking to the Podcast for any reason, in its sole
discretion, without advance notice or any liability of any kind to You or any
third party.
G. Linked-To Websites; Advertisements; Dealings with Third Parties
1. Linked Services; Advertisements. The Podcast may contain links, as part of
third-party ads on the Podcast or otherwise, to or from third-party websites
("Linked Services"), including websites operated by advertisers, licensors,
licensees, and certain other third parties who may have business
relationships with 4ocean. 4ocean may have no control over the content,
operations, policies, terms, or other elements of Linked Services, and 4ocean
does not assume any obligation to review any Linked Services and is not
responsible for their content. 4ocean does not endorse, approve, or sponsor
any Linked Services, or any third-party content, advertising, information,
materials, products, services, or other items. Furthermore, 4ocean is not
responsible for the quality or delivery of the products or services offered,
accessed, obtained by or advertised at such Linked Services. Links from the
Podcast to the linked sites are for Your convenience only and You can access
them at Your own risk.
Finally, 4ocean will under no circumstances be liable for any direct, indirect,
incidental or special loss or other damage, whether arising from negligence,
breach of contract, defamation, infringement of copyright or other
intellectual property rights, caused by the exhibition, distribution or
exploitation of any information or content contained within these third-party
Linked Services. Any activities You engage in connection with any of the
same are subject to the privacy and other policies, terms and conditions of
use and/or sale, and rules issued by the operator of the Linked Services.
4ocean disclaims all liability in connection therewith.
2. Dealings with Third Parties. Any interactions, correspondence,
transactions, and other dealings that You have with any third parties found
on or through the Podcast (including on or via Linked Services or
advertisements) are solely between You and the third party (including issues
related to the content of third-party advertisements, payments, delivery of
goods, warranties (including product warranties), privacy and data security,
and the like). 4ocean does not warrant, endorse, guarantee, or assume
responsibility for any product or service advertised or offered by a third party
through the Podcast or any website hyperlinked or featured in any banner or
other advertising, and 4ocean will not be a party to or in any way be
responsible for monitoring any transaction between you and third-party
providers of products or services. 4ocean disclaims all liability in connection
therewith.
H. Wireless Features
1. Wireless Features. The Podcast may offer certain features and services that
are available to You via your wireless Device. These features and services may
include the ability to access the Podcast's features and upload content to the
Podcast, receive messages from the Podcast, and download applications to
Your wireless Device (collectively, "Wireless Features"). Standard messaging,
data, and other fees may be charged by Your carrier to participate in Wireless
Features. Fees and charges may appear on Your wireless bill or be deducted
from your pre-paid balance. Your carrier may prohibit or restrict certain
Wireless Features and certain Wireless Features may be incompatible with
Your carrier or wireless Device. You should check with your carrier to find out
what plans are available and how much they cost. Contact Your carrier with
questions regarding these issues. 4ocean is not responsible for any charges or
damages you incur as a result of utilizing the Wireless Features to access the
Podcast.
2. Terms of Wireless Features. You agree that as to the Wireless Features for
which You are registered, we may send communications to Your wireless
Device regarding us or other parties. Further, we may collect information
related to Your use of the Wireless Features. If You have registered via the
Podcast for Wireless Features, then You agree to notify us of any changes to
Your wireless contact information (including phone number).
I. Terms Applicable For Apple Device Users
If You are accessing or using the Podcast through a Device manufactured
and/or sold by Apple, Inc. ("Apple", with such a device herein referenced as an
"Apple Device"):
a. To the extent that You are accessing the Podcast through an Apple Device,
You acknowledge that these Terms are entered into between You and
4ocean and, that Apple is not a party to these Terms other than as third-party
beneficiary as contemplated below.
b. The license granted to You in Section C(3) of these Terms is subject to the
permitted Usage Rules set forth in the Apple App Store Terms and Conditions
(see: http://www.apple.com/legal/itunes/us/terms.html) and any third party
terms of agreement applicable to the Podcast.
c. You acknowledge that 4ocean, and not Apple, is responsible for providing
the Podcast and Content thereof.
d. You acknowledge that Apple has no obligation whatsoever to furnish any
maintenance or any support services to You with respect to the Podcast.
e. To the maximum extent permitted by applicable law, Apple will have no
other warranty obligation whatsoever with respect to the Podcast.
f. Notwithstanding anything to the contrary herein, and subject to the terms
in these Terms, You acknowledge that, solely as between Apple and 4ocean,
4ocean and not Apple is responsible for addressing any claims You may have
relating to the Podcast, or Your possession and/or use thereof, including, but
not limited, to: (i) product liability claims, (ii) any claim that the Podcast fails to
conform to any applicable legal or regulatory requirement; and (iii) claims
arising under consumer protection or similar legislation.
g. Further, You agree that if the Podcast, or your possession and use of the
Podcast, infringes on a third party's intellectual property rights, You will not
hold Apple responsible for the investigation, defense, settlement and
discharge of any such intellectual property infringement claims.
h. You acknowledge and agree that Apple, and Apple's subsidiaries, are third-
party beneficiaries of these Terms and Conditions, and that, upon Your
acceptance of these Terms and Conditions, Apple will have the right (and will
be deemed to have accepted the right) to enforce these Terms against You as
a third-party beneficiary thereof.
i. When using the Podcast, You agree to comply with any and all third-party
terms that are applicable to any platform, website, technology or service that
interacts with the Podcast.
j. You represent and warrant that: (i) You are not located in a country that is
subject to a U.S. Government embargo or that has been designated by the
U.S. Government as a "terrorist supporting" country; and (ii) You are not listed
on any U.S. Government list of prohibited or restricted parties.
J. Dispute Resolution
If You reside in the U.S. (and as applicable to U.S. residents), certain portions of
this Section J are deemed to be a "written agreement to arbitrate" pursuant
to the Federal Arbitration Act. You and 4ocean agree that we intend that this
Section J satisfies the "writing" requirement of the Federal Arbitration Act.
1. First — Try to Resolve Disputes and Excluded Disputes. If any
controversy, allegation, or claim arises out of or relates to the Podcast, the
Content, Your User-Generated Content, these Terms, or any Additional Terms,
whether heretofore or hereafter arising (collectively, "Dispute"), or to any of
4ocean's actual or alleged intellectual property rights (an "Excluded Dispute",
which includes those actions set forth in Section J(4), then You and we agree
to send a written notice to the other providing a reasonable description of the
Dispute or Excluded Dispute, along with a proposed resolution of it. Our
notice to You will be sent to you based on the most recent contact
information that You provide us. But if no such information exists or if such
information is not current, then we have no obligation under this Section J(1).
Your notice to us may be sent via email to: info@4ocean.com or 4ocean
Public Benefit Corporation, Attention: 4ocean, Legal Dept., 3600 FAU
Boulevard, Boca Raton, FL 33431. For a period of sixty (60) days from the date
of receipt of notice from the other party, 4ocean and You will engage in a
dialogue in order to attempt to resolve the Dispute or Excluded Dispute,
though nothing will require either You or 4ocean to resolve the Dispute or
Excluded Dispute on terms with respect to which You and 4ocean, in each of
our sole discretion, are not comfortable. You and We agree that this dispute
resolution process is a condition that must be satisfied before initiating
arbitration under Section J(2).
2. Binding Arbitration. If we cannot resolve a Dispute as set forth in Section
J(1) (or agree to arbitration in writing with respect to an Excluded Dispute)
within sixty (60) days of receipt of the notice, then ANY AND ALL DISPUTES
ARISING BETWEEN YOU AND 4ocean (WHETHER BASED IN CONTRACT,
STATUTE, REGULATION, ORDINANCE, TORT— INCLUDING, BUT NOT LIMITED
TO, FRAUD, ANY OTHER INTENTIONAL TORT OR NEGLIGENCE,—COMMON
LAW, CONSTITUTIONAL PROVISION, RESPONDEAT SUPERIOR, AGENCY OR
ANY OTHER LEGAL OR EQUITABLE THEORY), WHETHER ARISING BEFORE
OR AFTER THE EFFECTIVE DATE OF THESE TERMS, MUST BE RESOLVED BY
FINAL AND BINDING ARBITRATION. THIS INCLUDES ANY AND ALL DISPUTES
BASED ON ANY PRODUCT OR SERVICE PURCHASED THROUGH THE
PODCAST OR ADVERTISING AVAILABLE ON OR THROUGH THE PODCAST.
For U.S. residents, the Federal Arbitration Act ("FAA"), not state law, shall
govern the arbitrability of all disputes between 4ocean and You regarding
these Terms (and any Additional Terms) and the Podcast, including the "No
Class Action Matters" Section below. BY AGREEING TO ARBITRATE, EACH
PARTY IS GIVING UP ITS RIGHT TO GO TO COURT AND HAVE ANY DISPUTE
HEARD BY A JUDGE OR JURY. 4ocean and You agree, however, that the
applicable state, federal or provincial law, as contemplated in Section J(8)
below, shall apply to and govern, as appropriate, any and all claims or causes
of action, remedies, and damages arising between You and 4ocean regarding
these Terms and the Podcast, whether arising or stated in contract, statute,
common law, or any other legal theory, without regard to any jurisdiction's
choice of law principles.
Any Dispute will be resolved solely by binding arbitration in accordance with
the then-current Commercial Arbitration Rules ("Rules") of the American
Arbitration Association ("AAA"), except as modified herein, and the arbitration
will be administered by the AAA. If a party properly submits the Dispute to
the AAA for formal arbitration and the AAA is unwilling to set a hearing then
either party can elect to have the arbitration administered by the Judicial
Arbitration and Mediation Services Inc. ("JAMS") using JAMS' streamlined
Arbitration Rules and Procedures, or by any other arbitration administration
service that You and an officer or legal representative of 4ocean consent to in
writing. If an in-person arbitration hearing is required and You are a U.S.
resident, then it will be conducted in Palm Beach County, Florida. You and we
will pay the administrative and arbitrator's fees and other costs in accordance
with the applicable arbitration rules; but if applicable arbitration rules or laws
require 4ocean to pay a greater portion or all of such fees and costs in order
for this Section J to be enforceable, then 4ocean will have the right to elect to
pay the fees and costs and proceed to arbitration. The arbitration will be
conducted by a single arbitrator who will apply and be bound by these Terms
and any Additional Terms, and will determine any Dispute according to
applicable law and facts based upon the record and no other basis, and will
issue a reasoned award only in favor of the individual party seeking relief and
only to the extent to provide relief warranted by that party's individual claim.
All issues are for the arbitrator to decide, except that issues relating to the
scope and enforceability of the arbitration and class action waiver provisions
are for the court to decide. This arbitration provision shall survive termination
of these Terms or the Podcast. You can obtain AAA and JAMS procedures,
rules, and fee information as follows: AAA: 800.778.7879 and
http://www.adr.org (http://www.adr.org) and JAMS: 800.352.5267 and
http://www.jamsadr.com (http://www.jamsadr.com).
3. Limited Time to File Claims. TO THE FULLEST EXTENT PERMITTED BY
APPLICABLE LAW, IF YOU OR WE WANT TO ASSERT A DISPUTE (BUT NOT
AN EXCLUDED DISPUTE) AGAINST THE OTHER, THEN YOU OR WE MUST
COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE AS SET FORTH IN
SECTION J(1)) WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES -- OR IT
WILL BE FOREVER BARRED. Commencing means, as applicable: (a) by
delivery of written notice as set forth above in Section J(1); (b) filing for
arbitration as set forth in Section J(1); or (c) filing an action in state, Federal or
provincial court.
4. Injunctive Relief. The foregoing provisions of this Section J will not apply to
any legal action taken by 4ocean to seek an injunction or other equitable
relief in connection with, any loss, cost, or damage (or any potential loss, cost,
or damage) relating to the Podcast, any Content, Your User-Generated
Content and/or 4ocean's intellectual property rights (including such 4ocean
may claim that may be in dispute), 4ocean's operations and/or 4ocean's
products or services.
5. No Class Action Matters. YOU AND 4OCEAN AGREE THAT EACH MAY
BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL
CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY
PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR AS AN
ASSOCIATION. Disputes will be arbitrated only on an individual basis and will
not be joined or consolidated with any other arbitrations or other
proceedings that involve any claim or controversy of any other party. There
shall be no right or authority for any Dispute to be arbitrated on a class action
basis or on any basis involving Disputes brought in a purported
representative capacity on behalf of the general public, or other persons or
entities similarly situated. But if, for any reason, any court with competent
jurisdiction holds that this restriction is unconscionable or unenforceable,
then our agreement in Section J(2) to arbitrate will not apply and the Dispute
must be brought exclusively in court pursuant to Section J(6).
Notwithstanding any other provision of this Section J, any and all issues
relating to the scope, interpretation and enforceability of the class action
waiver provisions contained herein (described in this "No Class Action
Matters" section), are to be decided only by a court of competent jurisdiction,
and not by the arbitrator. The arbitrator does not have the power to vary
these class action waiver provisions.
6. Jurisdictional Issues. Except where arbitration is required above or with
respect to the enforcement of any arbitration decision or award, any action or
proceeding relating to any Dispute or Excluded Dispute arising hereunder
may only be instituted in state or Federal court in Palm Beach County,
Florida. Accordingly, You and 4ocean consent to the exclusive personal
jurisdiction and venue of such courts for such matters.
7. Small Claims Matters Are Excluded from Arbitration Requirement.
Notwithstanding the foregoing, either of us may bring qualifying claim of
Disputes (but not Excluded Disputes) in small claims court of competent
jurisdiction.
8. Governing Law. These Terms and any Additional Terms will be governed
by and construed in accordance with, and any Dispute and Excluded Dispute
will be resolved in accordance with the laws of the State of Florida, without
regard to its conflicts of law provisions.
K. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
YOUR ACCESS TO AND USE OF THE PODCAST IS AT YOUR SOLE RISK. THE
PODCAST IS PROVIDED ON AN "AS IS", "AS AVAILABLE", AND "WITH ALL
FAULTS" BASIS. Therefore, to the fullest extent permissible by law, 4ocean,
Guest Speakers, and their its respective employees, officers, directors,
members, managers, shareholders, agents, affiliates, vendors, licensors,
licensees, contractors, customers, successors, and assigns (collectively, the
"4ocean Parties"), hereby disclaim and make no representations, warranties,
endorsements, or promises, express or implied, as to:
a. the Podcast (including the Content and the User-Generated Content);
b. the functions, features, or any other elements on, or made accessible
through, the Podcast;
c. any products, websites or instructions offered or referenced at or linked
through the Podcast;
d. security associated with the transmission of your User-Generated Content
transmitted to 4ocean via the Podcast;
e. whether the Podcast or the servers that make the Podcast available are
free from any harmful components (including viruses, Trojan horses, and
other technologies that could adversely impact your Device);
f. whether the information (including any instructions) on the Podcast is
accurate, complete, correct, adequate, useful, timely, reliable or safe;
g. whether any defects to, or errors on, the Podcast will be repaired or
corrected;
h. whether your access to the Podcast will be uninterrupted, timely, secure or
error-free;
i. whether the Podcast will be available at any particular time or location; and
j. whether your use of the Podcast is lawful in any particular jurisdiction.
EXCEPT FOR ANY SPECIFIC WARRANTIES PROVIDED HEREIN OR IN
ADDITIONAL TERMS PROVIDED BY A 4OCEAN PARTY, TO THE EXTENT
PERMITTED BY APPLICABLE LAW, THE 4OCEAN PARTIES HEREBY FURTHER
DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL
PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, QUIET
ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER
VIRUS.
Some jurisdictions limit or do not allow the disclaimer of implied or other
warranties so the above disclaimers may not apply to the extent such
jurisdictions' laws are applicable.
L. Limitations of Our Liability
TO THE EXTENT PERMITTED UNDER ANY APPLICABLE LAW, UNDER NO
CIRCUMSTANCES WILL ANY 4OCEAN PARTIES BE RESPONSIBLE OR LIABLE
FOR ANY LOSS OR DAMAGES OF ANY KIND, INCLUDING PERSONAL INJURY
OR DEATH OR FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY,
SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL LOSSES, LOSS OF
REVENUE OR PROFITS, OR DAMAGES THAT ARE DIRECTLY OR INDIRECTLY
RELATED TO ANY OF THE FOLLOWING:
a. the Podcast (including the Content and the User-Generated Content);
b. Your use of or inability to use the Podcast or any Podcast hosting site;
c. any action taken in connection with an investigation by 4ocean Parties or
law enforcement authorities regarding Your access to or use of the Podcast;
d. any action taken in connection with copyright or other intellectual property
owners or other rights owners;
e. any injury or damages You sustain directly or indirectly as a result of Your
use of the Podcast;
f. any errors or omissions in the Podcast's technical operation; or
g. any damage to any user's computer, hardware, software, modem, or other
equipment or technology, including damage from any security breach or
from any virus, bugs, tampering, fraud, error, omission, interruption, defect,
delay in operation or transmission, computer line, or network failure or any
other technical or other malfunction, including losses or damages in the form
of lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results,
or equipment failure or malfunction.
The foregoing limitations of liability will apply even if any of the foregoing
events or circumstances were foreseeable and even if the 4ocean Parties
were advised of or should have known of the possibility of such losses or
damages, regardless of whether You bring an action based in contract,
negligence, strict liability, or tort (including whether caused, in whole or in
part, by negligence, acts of God, telecommunications failure, or destruction of
the Podcast).
Some jurisdictions do not allow the exclusion or limitation of incidental or
consequential damages of the sort that are described above, so the above
limitation or exclusion may not apply to You.
EXCEPT AS MAY BE PROVIDED IN ANY ADDITIONAL TERMS, TO THE
FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL
4OCEAN PARTIES' TOTAL LIABILITY TO YOU, FOR ALL POSSIBLE DAMAGES,
LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH YOUR ACCESS TO
AND USE OF THE PODCAST AND YOUR RIGHTS UNDER THESE TERMS,
EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE PAID 4OCEAN TO
ACCESS THE PODCAST OR IN CONNECTION WITH THE TRANSACTION(S)
THAT UNDERLIE THE CLAIM(S); PROVIDED, HOWEVER, THIS PROVISION
WILL NOT APPLY IF A TRIBUNAL WITH APPLICABLE JURISDICTION FINDS
SUCH TO BE UNCONSCIONABLE. FOR PURPOSES OF CLARITY, THE PRIOR
SENTENCE DOES NOT EXPAND OR LIMIT ANY EXPRESS, WRITTEN PRODUCT
WARRANTY THAT IS PROVIDED BY US.
M. Updates to Terms
These Terms (or if applicable Additional Terms), in the form posted at the
time of Your use of the applicable Podcast to which it applies, shall govern
such use (including transactions entered during such use). AS OUR PODCAST
EVOLVES, THE TERMS AND CONDITIONS UNDER WHICH WE OFFER THE
PODCAST MAY PROSPECTIVELY BE MODIFIED AND WE MAY CEASE
OFFERING THE PODCAST UNDER THE TERMS OR ADDITIONAL TERMS FOR
WHICH THEY WERE PREVIOUSLY OFFERED. ACCORDINGLY, EACH TIME
YOU SIGN IN TO OR OTHERWISE USE THE PODCAST YOU ARE ENTERING
INTO A NEW AGREEMENT WITH US ON THE THEN APPLICABLE TERMS AND
CONDITIONS AND YOU AGREE THAT WE MAY NOTIFY YOU OF OTHER
TERMS BY POSTING THEM ON THE PODCAST DOWNLOAD HOMEPAGE (OR
IN ANY OTHER REASONABLE MANNER OF NOTICE WHICH WE ELECT), AND
THAT YOUR ACCESS TO THE PODCAST AFTER SUCH NOTICE CONSTITUTES
YOUR GOING FORWARD AGREEMENT TO THE OTHER TERMS FOR YOUR
NEW USE AND TRANSACTIONS. Therefore, You should review the posted
terms of use and any applicable Additional Terms each time You use the
Podcast (at least prior to each transaction or submission). The Additional
Terms will be effective as to new use and transactions as of the time that we
post them, or such later date as may be specified in them or in other notice to
You. However, the Terms (and any applicable Additional Terms) that applied
when You previously used the Podcast will continue to apply to such prior
use (i.e., changes and additions are prospective only) unless mutually agreed.
In the event any notice to You of new, revised or additional terms is
determined by a tribunal to be insufficient, the prior agreement shall continue
until sufficient notice to establish a new agreement occurs. You should
frequently check the home page and the email You associated with Your
account for notices, if any, and You agree that the means set forth in these
Terms are all reasonable manners of providing You with notice. You can reject
any new, revised or Additional Terms by discontinuing listening to the
Podcast and related websites.
N. General Provisions
1. 4ocean’s Consent or Approval. As to any provision in these Terms or any
Additional Terms that grant 4ocean a right of consent or approval, or permits
4ocean to exercise a right in its "sole discretion," 4ocean may exercise that
right in its sole and absolute discretion. No opt-in consent or approval may be
deemed to have been granted by 4ocean without being in writing and
signed by an officer of 4ocean.
2. Indemnity. You agree to, and You hereby, defend, indemnify, and hold
4ocean Parties harmless from and against any and all claims, damages,
losses, costs, investigations, obligations, liabilities, judgments, fines, penalties,
debts, settlements, interest, and expenses (including attorneys' fees) that
directly or indirectly arise from or are related to any claim, suit, action,
demand, or proceeding made or brought against any 4ocean Party, or on
account of the investigation, defense, or settlement thereof, arising out of or
in connection with, whether occurring heretofore or hereafter: (i) Your User-
Generated Content; (ii) Your use of the Podcast and Your activities in
connection with the Podcast; (iii) Your breach or alleged breach of these
Terms or any Additional Terms; (iv) Your violation or alleged violation of any
laws, rules, regulations, codes, statutes, ordinances, or orders of any
governmental or quasi-governmental authorities in connection with Your use
of the Podcast or Your activities in connection with the Podcast; (v)
information or material transmitted through Your Device, even if not
submitted by You, that infringes, violates, or misappropriates any copyright,
trademark, trade secret, trade dress, patent, publicity, privacy, or other right
of any person or entity; (vi) any misrepresentation made by You; and (vii)
4ocean Parties' use of the information that You submit to us (including Your
User-Generated Content) (all of the foregoing, "Claims and Losses"). You will
cooperate as fully required by 4ocean Parties in the defense of any Claims
and Losses. Notwithstanding the foregoing, 4ocean Parties retain the
exclusive right to settle, compromise, and pay any and all Claims and Losses.
4ocean Parties reserve the right to assume the exclusive defense and control
of any Claims and Losses. You will not settle any Claims and Losses without, in
each instance, the prior written consent of an officer of a 4ocean Party. This
defense and indemnification obligation will survive the expiration of these
Terms and Condition and Your use of the Podcast in perpetuity.
3. Operation of the Podcast; Availability of Products and Services;
International Issues. The Podcast is operated in the United States, and is
primarily intended for users located in the U.S. 4ocean makes no
representation that the Podcast is appropriate or available for use beyond the
U.S. If You listen to the Podcast from other locations, you are doing so on your
own initiative and are responsible for compliance with applicable local laws
regarding Your online conduct and acceptable content, if and to the extent
local laws apply. We reserve the right to limit the availability of the Podcast
and/or the provision of any content, program, product, service, or other
feature described or available on the Podcast to any person, entity,
geographic area, or jurisdiction, at any time and in our sole discretion, and to
limit the quantities of any content, program, product, service, or other feature
that we provide. You and we disclaim any application to these Terms of the
Convention on Contracts for the International Sale of Goods.
4. Severability; Interpretation. If any provision of these Terms, or any
Additional Terms, is for any reason deemed invalid, unlawful, void, or
unenforceable by a court or arbitrator of competent jurisdiction, then that
provision will be deemed severable from these Terms or the Additional
Terms, and the invalidity of the provision will not affect the validity or
enforceability of the remainder of these Terms or the Additional Terms (which
will remain in full force and effect). To the extent permitted by applicable law,
You agree to waive, and You hereby waive, any applicable statutory and
common law that may permit a contract to be construed against its drafter.
Wherever the word "including" is used in these Terms or any Additional
Terms, the word will be deemed to mean "including, without limitation,". The
summaries of provisions and section headings are provided for convenience
only and shall not limit the full Terms.
5. Communications. As permitted by applicable law, when You
communicate with us electronically, such as via email and text message, You
consent to receive communications from us electronically. Please note that
we are not obligated to respond to inquiries that we receive. You agree that
all agreements, notices, disclosures, and other communications that we
provide to You electronically satisfy any legal requirement that such
communications be in writing.
6. Investigations; Cooperation with Law Enforcement; Termination;
Survival. 4ocean reserves the right, without any limitation, to: (i) investigate
any suspected breaches of security or its information technology or other
systems or networks, (ii) investigate any suspected breaches of these Terms
and any Additional Terms, (iii) investigate any information obtained by
4ocean in connection with reviewing law enforcement databases or
complying with criminal laws, (iv) involve and cooperate with law
enforcement authorities in investigating any of the foregoing matters, (v)
prosecute violators of these Terms and any Additional Terms, and (vi)
discontinue the Podcast, in whole or in part, or, except as may be expressly
set forth in any Additional Terms, suspend or terminate Your access to it, in
whole or in part, including any user accounts or registrations, at any time,
without notice, for any reason and without any obligation to You or any third
party. Any suspension or termination will not affect Your obligations to
4ocean under these Terms or any Additional Terms. Upon suspension or
termination of Your access to the Podcast, or upon notice from 4ocean, all
rights granted to You under these Terms or any Additional Terms will cease
immediately, and You agree that You will immediately discontinue access to
the Podcast. The provisions of these Terms and any Additional Terms
(including the terms applicable to User-Generated Content), which by their
nature should survive Your suspension or termination will survive, including
the rights and licenses You grant to 4ocean in these Terms, as well as the
indemnities, releases, disclaimers, and limitations on liability and the
provisions regarding jurisdiction, choice of law, no class action, and
mandatory arbitration.
7. Assignment. 4ocean may assign its rights and obligations under these
Terms and any Additional Terms, in whole or in part, to any party at any time
without any notice. These Terms and any Additional Terms may not be
assigned by You, and You may not delegate Your duties under them, without
the prior written consent of an officer of 4ocean.
8. No Waiver. Except as expressly set forth in these Terms or any Additional
Terms: (i) no failure or delay by 4ocean in exercising any of rights, powers, or
remedies hereunder will operate as a waiver of that or any other right, power,
or remedy, and (ii) no waiver or modification of any term of these Terms or
any Additional Terms will be effective unless in writing and signed by the
party against whom the waiver or modification is sought to be enforced. For
avoidance of doubt, nothing herein shall be construed to restrict 4ocean's
right to amend these Terms or any Additional Terms as otherwise permitted
in those agreements.
9. Connectivity. You are responsible for obtaining and maintaining all
Devices and other equipment and software, and all internet website provider,
mobile service, and other services needed for your access to the Podcast and
You will be responsible for all charges related to them.
10. Designated Agent and Contact Information. All notices and
communications with respect to these Terms and Conditions and the
Podcast are to be directed in writing by e-mail to info@4ocean.com. If You
need to contact us for any reason not otherwise provided above, our address
is 4ocean Public Benefit Corporation, 3600 FAU Boulevard, Boca Raton, FL
33431.
11. No Relationship. You agree that no joint venture, partnership,
employment, or agency relationship exists between 4ocean and You as a
result of this Agreement or Your use of the Podcast, purchase of 4ocean
products or services, or participating in the Clean Ocean Club.
12. Entire Agreement. These terms constitute the entire agreement
between You and 4ocean and govern Your use of the Podcast, superseding
any prior agreements between You and 4ocean. You also may be subject to
additional terms and conditions that are applicable to certain parts of the
Website and other third-party providers of the Podcast, such as Terms of Use
and Privacy Policies. These Terms and Conditions inure to the benefit of
4ocean’s successors, assigns, and licensees.