TERMS AND CONDITIONS OF USE
Last Updated: May 20, 2019
YOUR USE OF THIS WEBSITE AND THE SERVICES OFFERED AND CONTENT CONTAINED HEREIN CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE.
YOU MUST BE AT LEAST 18 YEARS OLD TO USE THE WEBSITE OR, IF YOU ARE BETWEEN THE AGES OF 13 AND 18, YOU MUST HAVE YOUR PARENT OR GUARDIAN’S PERMISSION TO USE THE WEBSITE AND YOU REPRESENT AND WARRANT THAT YOU HAVE YOUR PARENT OR GUARDIAN’S PERMISSION.
Gaturso retains all right, title, and interest in and to the Website, including, without limitation, (i) all text, graphics, typefaces, formatting, graphs, designs, editorial content, HTML, look and feel, software, and data, (ii) all business processes, procedures, methods, and techniques used in the Website, (iii) all other materials and content uploaded or incorporated into the Website, including, without limitation, all Website Content, and (iv) all associated trade secret rights and other intellectual property and proprietary rights recognized anywhere in the world (collectively, “Website IP”). Website IP is protected in all forms, media, and technologies now known or hereinafter developed. Gaturso owns all Website IP, as well as the coordination, selection, arrangement, and enhancement of such Website IP as a Collective Work under the U.S. Copyright Act of 1976, as amended. The Website IP is protected by the domestic and international laws of copyright, patents, and other proprietary rights and laws.
Violation of this License may result in infringement of intellectual property and contractual rights of Gaturso, other Users of the Website, or other third parties, which is prohibited by law and could result in substantial civil and criminal penalties.
Third-Party Content and Products
By using the Website, you expressly relieve and hold Gaturso harmless from any and all liability arising from your use of any Third-Party Content or purchase of any Third-Party Product, including any loss or damage incurred as a result of any dealings between you and any third parties, or as the result of the presence of such Third-Party Content or Third-Party Product on the Website or the failure of such Third-Party Content or Third-Party Product to function as intended. It is your responsibility to evaluate the content and usefulness of the information obtained from third parties.
How Cum Podcast Listener Testimonials
Gaturso invites you to provide testimonials about the How Cum podcast through a form submission at (“Testimonials”). A User who submits a Testimonial retains all right, title and interest in and to such Testimonial; provided, that, in doing so, that User hereby grants to Gaturso a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferrable, assignable, sublicensable (through multiple tiers) license to exercise all copyright, publicity rights, and any other rights such User has or may have in such Testimonial in any media now known or not currently known in order to operate, perform, promote, advertise, market, and improve upon the Website (the “Testimonial License”). Said license is without any payment, permission or notification due from Gaturso to such User or any third party. The Testimonial License includes the right to make, use, sell, reproduce, publish, modify, adapt, prepare derivative works from, combine with other works, translate, distribute, display, perform, and sublicense the Testimonial in any form, medium, or technology now known or hereafter developed. By submitting a Testimonial to the Website, the User acknowledges and agrees that Gaturso may create on its own ideas that may be, or may obtain submissions that may be, similar or identical to such Testimonial, and agrees it shall have no recourse against Gaturso for any alleged or actual infringement or misappropriation of any proprietary or other right in or related to the Testimonial. Users acknowledge and agree that any submission of a Testimonial to the Website does not create any new or alter any existing relationship between such User and Gaturso.
Each User who submits a Testimonial certifies and warrants that its Testimonial is its original work or that the owner of such works has expressly granted to Gaturso a perpetual, worldwide, royalty-free, irrevocable, non-exclusive license for said works with all of the rights granted by such User to Gaturso, and do not violate and will not violate applicable law or the rights of any third party including any right of publicity, right of privacy, copyright, patent, trademark, or other intellectual property right or any proprietary right.
You acknowledge and agree that Testimonials submitted to Gatruso may be publicly available to all other Users and Gaturso will not be responsible for the action of any Users with respect to any information or materials contained in Testimonials. Testimonials should be submitted to Gaturso without personally identifying information, including your name, and, if and when posted to the Website, Testimonials will be posted anonymously. Testimonials will be considered non-confidential and non-proprietary. Do not submit any Testimonials on or through the Website or transmit to us any Testimonials that you consider to be confidential or proprietary.
Testimonials shall not contain protected health information. You are strictly prohibited from submitting Testimonials that are considered protected health information under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) or the Health Information Technology for Economic and Clinical Health Act of 2009 (HITECH). You are also strictly prohibited from providing Gaturso with any “sensitive information,” (which includes, for example, personal information specifying medical or health conditions, racial or ethnic origin, or trade union membership) and, should Gaturso discover that you have done so, Gaturso will remove it immediately from the Website. None of the foregoing shall obligate Gaturso to actively screen the information that you provide.
Do not submit Testimonials to communicate or distribute information that is defamatory, profane, infringing, obscene, unlawful, offensive, and/or harmful, including, but not limited to, content that advocates, endorses, condones, or promotes racism, bigotry, hatred, or physical harm of any kind against any individual or group of individuals; that provides materials or access to materials that exploit people under the age of eighteen (18) in an abusive, violent, or sexual manner; or that implies or states that any statements you make in such Testimonials are endorsed by Gaturso or any other User. These Testimonials will not be published on the Website.
A User who submits a Testimonial that is subsequently published to the Website may request Gatruso remove their Testimonial at any time by emailing firstname.lastname@example.org with the subject line “Remove Testimonial.” If you request Gaturso remove a Testimonial, Gaturso will cease using that particular Testimonial in promotional materials and on the Website; provided that (i) Gaturso may not be able to control uses of your Testimonial made by other users and will not be liable for any use by a third party and (ii) Gaturso may maintain a copy of removed Testimonials for archival and legal purposes.
You agree that Gaturso has no responsibility or liability for the blocking, deletion, or failure to store any Testimonials maintained or transmitted by the Website. Gaturso does not investigate any Testimonials for accuracy or reliability and Users acknowledge and agree that Gaturso may rely on the accuracy of the information contained in Testimonials. Users, but not Gatruso, may be held legally responsible for damages suffered by other Users or third parties as a result of your Testimonials if such remarks are legally actionable or defamatory. You acknowledge and agree that Gaturso may establish general practices and limits concerning use of the Website or Content, and Gatruso reserves the right to change that general practices and limits at any time, in its sole discretion, with or without notice to you
Limitations on Website Use
The Website and Website Content, and any Testimonials belonging to another User, may not be used, modified, reproduced, duplicated, copied, published, distributed, downloaded, sold, resold, transformed, redesigned, reconfigured, retransmitted, or otherwise exploited by you for any purpose except as facilitated by the Website’s functionalities or without express prior written consent of Gaturso.
With limiting the foregoing, while using the Website, you may not:
Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of Gaturso or other Users, or use information learned from the Website or Content to otherwise defame, abuse, harass, stalk, threaten, intimidate, or mislead, or otherwise violate the legal rights of Gaturso or any other User outside of the Website.
Use the Website or Content for any purpose in violation of applicable local, state, federal, or international law.
Use or otherwise export or re-export the Website or any portion thereof or the Website Content in violation of the export control laws and regulations of the U.S.
Conduct or forward surveys, contests, pyramid schemes, or chain letters.
Impersonate another person or User or knowingly allow any other person or entity to use your identification or Account to post or view comments on, or otherwise utilize, the Website.
Use a robot, spider, manual, and/or automatic processes, or devices to data-mine, data-crawl, scrape, or index the Website in any manner.
Hack or interfere with the Website, its servers, or any connected networks.
Adapt, alter, license, sublicense, or translate the Website or Content for your own personal or commercial use.
Remove or alter, visually or otherwise, any copyrights, trademarks, or proprietary marks and rights owned by Gaturso.
Use the Website in a manner which is false or misleading (directly or by omission or failure to update information) or for the purpose of accessing or otherwise obtaining Gaturso’s trade secret information for public disclosure or other purposes.
Use, transfer, distribute, or dispose of Website and Website Content (including any Testimonial displayed on the Website) in any manner that could compete with the business of Gaturso.
Cause or induce any third party to engage in the restricted activities above.
The License granted to you terminates automatically upon any unauthorized use of the Website or its Content and Gaturso will take appropriate investigative and legal action for any illegal or unauthorized use of the Website or Content.
Unlawful Activity; Termination of Website Access
Representations and Warranties
The Website is available only to persons who are eighteen (18) years or older (or any greater age required to be deemed to have reached the age of majority under the applicable law of the state or jurisdiction of such person’s primary residence), or to persons who are between the ages of thirteen (13) and eighteen (18) who have their parent or guardian’s permission to use the Website. BY ACCESSING AND USING THE WEBSITE, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OLD (OR ANY GREATER AGE REQUIRED TO BE DEEMED TO HAVE REACHED THE AGE OF MAJORITY UNDER THE APPLICABLE LAW OF THE STATE OR JURISDICTION OF YOUR PRIMARY RESIDENCE), OR HAVE YOUR PARENT OR GUARDIAN’S PERMISSION TO USE THE WEBSITE IF YOU ARE BETWEEN THE AGES OF THIRTEEN (13) AND EIGHTEEN (18), AND ARE FULLY ABLE AND HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO, AND TO BE BOUND BY, THESE TERMS OF SERVICE, AND THAT YOU WILL SO ABIDE.
Advertisers on Website
The Website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Website is accurate and complies with applicable laws. Gaturso will not be responsible for the illegality of or any error or inaccuracy in advertisers’ or sponsors’ materials or for the acts or omissions of advertisers and sponsors.
Gaturso disclaims all liability for any communications directed to you from any third party directly or indirectly in connection with the Website (“Third-Party Communications”) that you may receive and any actions you may take or refrain from taking as a result of any Third-Party Communications. You are solely responsible for assessing and verifying the identity and trustworthiness of the source and content of any Third-Party Communications. Gaturso assumes no responsibility for verifying, and makes no representations or warranties regarding, the identity or trustworthiness of the source or content of any Third-Party Communications.
By using the Website, you expressly relieve and hold Gaturso harmless from any and all liability arising from your use of any Third-Party Communications, including any loss or damage incurred as a result of any dealings between you and any third parties. It is your responsibility to evaluate the content and usefulness of the information obtained from third parties.
YOUR USE OF THE WEBSITE IS ENTIRELY AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. GATURSO MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED THROUGH THE WEBSITE OR THIRD-PARTY CONTENT LINKED TO THE WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN. GATURSO DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING AND GATURSO 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, OTHER THAN AS PROVIDED HEREIN. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
WITHOUT LIMITING THE FOREGOING, NEITHER GATURSO NOR ITS AFFILIATES OR LICENSORS WARRANT THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR THAT THE WEBSITE WILL BE ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, OR AS TO THE TIMELINESS, ACCURACY, RELIABILITY, COMPLETENESS, OR CONTENT OF ANY CONTENT, INFORMATION, OR MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF THE WEBSITE. NEITHER GATURSO NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER. NEITHER GATURSO NOR ITS AFFILIATES OR LICENSORS WARRANT THAT THE WEBSITE IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. GATURSO AND ITS AFFILIATES AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED, OR USED BY OTHERS.
TO THE EXTENT APPLICABLE, YOU HEREBY WAIVE THE PROTECTIONS OF CALIFORNIA CIVIL CODE § 1542 (AND ANY ANALOGOUS LAW IN ANY OTHER APPLICABLE JURISDICTION) WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT GATURSO IS ONLY WILLING TO PROVIDE THE WEBSITE IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND THIRD PARTIES. THEREFORE, YOU AGREE NOT TO HOLD GATURSO OR ITS PARENTS, SUBSIDIARIES, OR AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AFFILIATES, CONTENT PARTNERS, VENDORS, THIRD PARTY LICENSORS, DISTRIBUTORS, ADVERTISERS, OR OTHER CONTRACTING PARTIES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, SUCCESSORS, ASSIGNS, CONSULTANTS, OR OTHER AGENTS LIABLE FOR ANY DAMAGE, SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, “LIABILITIES”) THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR OR ANY OTHER PARTY’S USE OF OR INABILITY TO USE THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT, OR OMISSION OF ANY USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT THAT IS SEXUAL OR OTHERWISE, ACTS OF PHYSICAL VIOLENCE, AND DESTRUCTION OF PERSONAL PROPERTY), ANY DISPUTE WITH ANY USER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY GATURSO OR ITS AFFILIATES OR LICENSORS AND ANY DESTRUCTION OF YOUR INFORMATION.
UNDER NO CIRCUMSTANCES WILL GATURSO OR ITS PARENTS, SUBSIDIARIES, OR AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AFFILIATES, CONTENT PARTNERS, VENDORS, THIRD PARTY LICENSORS, DISTRIBUTORS, ADVERTISERS, OR OTHER CONTRACTING PARTIES, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, SUCCESSORS, ASSIGNS, CONSULTANTS, OR OTHER AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE WEBSITE, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT GATURSO AND ITS PARENTS, SUBSIDIARIES, AND AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AFFILIATES, CONTENT PARTNERS, VENDORS, THIRD PARTY LICENSORS, DISTRIBUTORS, ADVERTISERS, AND OTHER CONTRACTING PARTIES, TOGETHER WITH THEIR RESPECTIVE DIRECTOR, OFFICERS, EMPLOYEES, SUCCESSORS, ASSIGNS, CONSULTANTS, AND OTHER AGENTS IS LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED ONE HUNDRED U.S. DOLLARS ($100.00).
YOU AND GATURSO AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT NEITHER YOU NOR GATURSO WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU OR GATURSO ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. YOU AND GATURSO FURTHER AGREE THAT NO PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF YOU, GATURSO, AND ALL PARTIES TO ANY SUCH PROCEEDING.
Errors and Corrections; Updates
Gaturso does not represent or warrant that the Website or Website Content will be error-free, free of viruses or other harmful components, or that defects will be corrected or that it will always be accessible. Gaturso does not warrant or represent that the Content available on or through the Website will be correct, accurate, timely, or otherwise reliable. Your access to the Website may be interfered with by numerous factors outside of Gaturso’s control including, without limitation, telecommunications and/or wireless network service disruptions, computer or mobile device viruses and bugs, tampering, unauthorized intervention, fraud, technical failures, and server, equipment, or software defects. Gaturso is not responsible for and will have no liability for any failures of the Internet or any data or telecommunications equipment, system, or network used in connection with the Website. In addition, perfect security does not exist on the Internet; Gaturso cannot and does not guarantee that any personally identifiable information relating to you submitted to the Website will not become public under any circumstances.
Gaturso may in the future update the Website to change the Website Content and/or features thereof at any time (an “Update”). Gaturso shall not be liable to any User in any way as a result of any temporary suspension of the Website or Content arising from or in connection with an Update. Furthermore, Gaturso is under no obligation to undergo an Update of the Website to the extent any Website Content and/or other features or material contained therein or related thereto is out of date. The terms of the License granted to you herein shall apply in full to any Update.
Governing Law and Jurisdiction; Disputes
Waiver and Severability of Terms; Entire Agreement