Terms of Service
TERMS OF SERVICE
Please read these Terms of Service carefully before using Leadercast, Leadercast.TV or becoming a Subscriber of Leadercast or Leadercast NOW.
Latest Update March, 2022
We may revise these Terms at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you. Some of the provisions contained in these Terms may also be superseded by provisions or notices published elsewhere on our Site. Your continued use of the Site following the effective date of any modification to this Agreement shall be conclusively deemed your acceptance of all such modification(s) and your agreement to be bound by them.
Leadercast is a division of The LC Group, LLC. and based in the US in the state of Ohio. These terms are governed by United States and Ohio law. You agree that an Ohio court is the proper forum for any claim arising under these terms. If any provisions of these terms are contrary to law, all other provisions remain in full force and effect. The failure of Leadercast to enforce any provision does not constitute a waiver of the provision unless acknowledged by Leadercast in writing.
Accessing our site
Access to our Site is provided on a temporary basis and we reserve the right to withdraw access to our Site or amend the service we provide on our Site without notice. We will not be liable if for any reason our Site is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to our Site. You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these Terms, and that they comply with them. You agree not to damage, interfere with or disrupt access to the Site or do anything which may interrupt or impair its functionality.
You acknowledge and agree that you will use the Site in compliance with all applicable laws and regulations. We offer the Site from our facilities in the United States and make no representations or guarantees that the Site is available for use elsewhere, or that the Site complies with the laws of any territory outside the United States (including, without limitation, privacy, and data use laws). Users who attempt to use the Site from elsewhere do so at their own risk and responsibility (in terms of, among other things, complying with applicable local laws). Without limiting any of the foregoing, use of the Site in a territory whose laws or regulations are more stringent than those of the United States is expressly prohibited.
Anything on our Site may be out of date at any given time, and we are under no obligation to update it. We seek to ensure that information published on our Site is accurate when posted, but we cannot be held liable for its accuracy or timeliness and we may change the information at any time without notice. You must not rely on information on the Site and you acknowledge that you must take appropriate steps to verify this information before acting upon it.
By using the Site, you represent and warrant that (a) all registration information you submit or that is submitted on your behalf, is truthful and accurate (e.g., you agree that you have the legal right to use the email address(es) you provide); (b) you will maintain the accuracy of such information; and (c) your use of the Site does not violate any applicable law or regulation. Your profile may be deleted and your subscription or profile may be terminated without warning if we believe that you have failed to adhere to the foregoing. Moreover, if you, in our sole discretion, are determined to violate this Agreement (or our other applicable documents, policies or guidelines) or otherwise engage in infringing behavior or behavior that is inconsistent with the spirit of this Agreement, we may investigate such violations or behavior and may take any action we deem appropriate, including without limitation, suspending or terminating your access to the Site and your profile and reporting any suspected unlawful activity to law enforcement officials (and disclosing any of your user information to such officials), and pursuing any other remedy available at law or in equity.
Registration Data; Account Security
To use certain parts of the Site, you will be required to create a profile. To the extent such a profile is required, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site (“Registration Data”); (b) maintain the confidentiality and security of your profile password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to us, to keep it accurate, current and complete; and (d) be fully responsible for all use of your profile and for any actions that take place using your profile. We assume no liability for any losses caused by unauthorized use of your profile; you, however, may be liable for our or other’s losses owing to such unauthorized use. Your profile, username, and password are non-transferable by you. We reserve the right to refuse or change any username for any reason whatsoever.
Credit Card Information
All processing of cardholder data is outsourced to PCI DSS validated third-party service providers. The LC Group does not electronically store cardholder data. All elements of the payment page(s) delivered to consumer browsers originate only and directly from a PCI DSS validated third-party service provider.
We reserve the right to monitor and track your visits to the Site.
We welcome you to link to Leadercast’s content without our consent. The link may be accompanied by the headline and the first one or two sentences of a blog post. Or when linking to a podcast, you may include its title and its description. You may also quote text or data from our site, but we ask that you attribute the quote or data to Leadercast.com and the author with the proper link where appropriate.
Leadercast does not post guest blog posts which link directly to a registration form without the expressed written consent of Leadercast. Any rights not expressly granted in these terms are reserved. You agree not to adapt, alter or create a derivative work from any of the material contained in this Site or use it for any other purpose than for personal, non-commercial use. Unless specifically stated herein, nothing in this Agreement shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.
Subscriber/Member Content and Community Rules
Subscribers and users of Leadercast are solely responsible for the content of their Subscriber Content and communications. Unless (i) specifically provided otherwise on Leadercast or (ii) otherwise submitted within a Third Party Provider’s “Closed Group” (as defined in Section 6.3 below), Subscriber Content should be considered to be generally accessible by all Subscribers and users of Leadercast. If you upload, post or submit any Content, you represent to us that you have all the necessary legal rights to do so, and that such actions will not violate any law or the rights of any person.
You understand and agree that Subscriber Content includes information, views, opinions, and recommendations of many individuals and organizations, and that we do not endorse any recommendation or opinion made by any Subscriber or user of Leadercast. We reserve the right to monitor or remove any Subscriber Content from Leadercast Now at any time without notice.
If your subscription is provided by or through a Third Party Provider, your Subscriber Content (as well as your Subscriber/user profile and any statistical information relating to your use of Leadercast or Leadercast NOW) may be available for viewing and use by your Third Party Provider. Please contact your Third Party Provider for details regarding its access to and use of your Subscriber Content and your other Leadercast user information.
We do not offer Subscribers or users of Leadercast the ability to access or otherwise retain contributed Subscriber Content. If your subscription is provided by or through a Third Party Provider, however, your Third Party Provider may provide certain features that allow you to access your Subscriber Content. Please contact your Third Party Provider regarding your access to your Subscriber Content.
You agree that upon uploading, posting or submitting information on Leadercast, you grant The LC Group, LLC., and our respective affiliates and successors a non-exclusive, transferable, worldwide, fully paid-up, royalty-free, perpetual, irrevocable right and license to use, distribute, publicly perform, display, reproduce, modify, adapt, publish, translate, and create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the world from your Subscriber Content in any and all media, in any manner, in whole or part, without any duty to compensate you.
You understand that the Site is available for your personal, non-commercial use only. You represent, warrant and agree that no materials of any kind submitted through your profile or otherwise posted, transmitted, or shared by you on or through the Site (including, without limitation, User Content) will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material, and that you own or have the necessary rights, licenses, consents, permissions, and any other like authority (including from third parties) necessary to use and authorize the use of materials of any kind submitted through your profile or otherwise posted, transmitted, or shared by you on or through the Site (including, without limitation, User Content). In addition, you agree not to use the Site to:
(a) harvest or collect email addresses or other contact or personally identifiable information of other users from the Site by electronic or other means, nor use the communication systems provided by the Site, if any, for the purpose of sending unsolicited emails or other unsolicited communications;
(b) use the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site;
(c) use automated scripts (including without limitation, “robots” or “spiders”) to collect information from or otherwise interact with the Site;
(d) register for more than one user profile, register for a user profile on behalf of an individual other than yourself, or register for a user profile on behalf of any group or entity other than a musical act in which you are a member;
(e) impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
(f) use or attempt to use another’s profile, service, or system without authorization from us, or create a false identity on the Site, nor authorize another party to use your profile;
(g) copy, duplicate, sell, or otherwise similarly reproduce or offer the Site on a third party website or download or replicate the Site Content. In particular and without limiting the foregoing, you will not engage in such behavior for any commercial purposes; or
(h) access content posted by other users on the Site through any technology or means other than the particular devices available on the Site, or other explicitly authorized means that we may designate.
The following Rules apply to Subscribers/Members and users of Leadercast submitting Subscriber Content:
- (a) You will not upload, post or submit anything (or links to anything) that is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, harmful, offensive or otherwise objectionable, or that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability or violate any law.
- (b) You specifically acknowledge that soliciting other Subscribers or users of Leadercast is expressly prohibited and that you will not distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services.
- (c) You will not represent that you are any other person, or imply any connection with any person or organization with which you are not in fact associated.
- (d) You must demonstrate appropriate respect for other Subscribers and users, and will not personally attack, stalk or harass another Subscriber or user.
- (e) You will comply with all applicable laws and will not use Leadercast or any community forum for illegal purposes.
- (f) You will not upload, post or submit anything that contains any viruses, cancel bots, Trojan horses, harmful code, or other computer software or program designed to interrupt another person’s enjoyment of Leadercast.
Links to other Websites and other Communications
We may link to, or promote, websites or services from other companies. For example, we may link to third party websites that permit you to purchase books and other materials authored by speakers and other individuals featured on Leadercast. You agree that we are not responsible for, and do not control, those websites or services, and we expressly disclaim all liability for any communications directed to you from any third party directly or indirectly in connection with Leadercast. Any reference made by Leadercast to any specific commercial product, process, or service (or provider of such product, process or service) by trade name, trademark, hyperlink, or otherwise, does not necessarily constitute or imply an endorsement, recommendation, or favoring by Leadercast. Any opinions, advice, statements, services, offers or other information expressed or made available by third parties, including information providers, Subscribers, Third Party Providers, Leadercast users, or others, are those of the respective author(s) or distributor(s) and do not necessarily state or reflect those of The LC Group, LLC.
Disclaimers and Limitation of Liability
The Content contained on Leadercast has been prepared by The LC Group, LLC. as a service to Subscribers and users and is not intended to constitute personal counseling, legal, accounting, tax or financial advice from a professional counselor, attorney, accountant, certified financial planner, or tax preparer. While we have used reasonable efforts in collecting, preparing and providing quality information and material, we do not warrant or guarantee the accuracy, completeness, adequacy or currency of the information contained on or linked to Leadercast. Users of information from Leadercast do so at their own risk.
You agree that your access to, and use of, Leadercast and the Content available through Leadercast is on an “as-is,” “as available” basis, and The LC Group, LLC. and its subsidiaries and affiliates and their respective shareholders, directors, officers, employees, advertisers, content providers and licensors (the “The LC Group Parties”) specifically disclaim any representations or warranties, express or implied, including, without limitation, any representations or warranties of merchantability or fitness for a particular purpose. The LC Group Parties do not guarantee the continuous, uninterrupted or secure access to Leadercast or any related services. The operation of Leadercast may be interfered with by numerous factors outside the control of The LC Group Parties.
The LC Group Parties will not be liable (jointly or severally) to you or any other person as a result of your access or use or nonuse of Leadercast for indirect, consequential, special, incidental, punitive, or exemplary damages, including, without limitation, lost profits, lost savings and lost revenues, whether or not characterized in negligence, tort, contract, or other theory of liability, even if any of The LC Group Parties have been advised of the possibility of or could have foreseen any of the excluded damages, and irrespective of any failure of an essential purpose of a limited remedy. If any applicable authority holds any portion of this section to be unenforceable, then The LG Group Parties’ liability will be limited to the fullest possible extent permitted by applicable law.
You agree to indemnify and hold The LC Group LLC., our subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with any User Content, any Third-Party Content you post or share on or through the Site, your use of the Site, your conduct in connection with the Site or with other users of the Site, or any violation of this Agreement or of any law or the rights of any third party. This indemnification obligation, along with any representations and warranties made by you hereunder, will survive the termination of this Agreement and your use of the Site.