Indemnity
You agree to indemnify and hold Dream Big Podcast, its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of any content you submit, post, transmit or make available through the Websites, your use of the Service, your connection to the Service, your violation of the Terms of Service, or your violation of any rights of another.
Disclaimer of Warranties
1. DREAM BIG PODCAST PROVIDES THE SERVICE ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. DREAM BIG PODCAST EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
2. DREAM BIG PODCAST MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DREAM BIG PODCAST OR THROUGH OR FROM THE WEBSITE OR iOS APPS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT DREAM BIG PODCAST SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF DREAM BIG PODCAST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. YOUR SOLE REMEDY WILL BE A FULL REFUND FOR ANY AMOUNT PAID TO DREAM BIG PODCAST.
No Guaranty of Results
Dream Big Podcast is a resource to assist your child in their personal development and for entertainment purposes. Because every child learns differently, Dream Big Podcast cannot guarantee particular results from a child’s use of the Service.
Modification of Terms
The Terms of Service (and any agreement, rule, or policy incorporated by reference) may be modified by Dream Big Podcast at any time by publication through the Dream Big Podcast website or by sending you an email. You are responsible for regularly reviewing the Dream Big Podcast website to obtain timely notice of such modifications. You shall be deemed to have accepted such modifications by continuing to use the site after 31 days of when such modifications have been posted or you have been alerted by email.
Jurisdiction, Venue, & Interpretation
The Terms of Service shall be governed by and construed in accordance with the laws of the State of California. Each party consents to personal jurisdiction and venue in Los Angeles County Court. The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed. If a court of competent jurisdiction rules as invalid any provision of this agreement or the application of any provision to any person or circumstance, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and all other provisions shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Service, the use of the Dream Big Podcast Websites, or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Entire Agreement
The Terms of Service constitute the entire agreement between you and Dream Big Podcast and govern your use of the Service offered by Dream Big Podcast. The Terms of Service supersede all prior agreements between you and Dream Big Podcast. You understand and agree that you may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The failure of Dream Big Podcast to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The section titles in the Terms of Service are for convenience only and have no legal or contractual effect.