Last updated: February 20, 2025

These Terms & Conditions (“Legal Terms”) govern your access to and use of the services provided by Podpoc, operated by Zsuzsanna Kocsis LLC (“Company,” “we,” “us,” or “our”). This document, together with any supplemental terms and conditions posted on our Website or provided with our services (collectively, the “Services”), constitutes a legally binding agreement between you (whether as an individual or on behalf of an entity) and us. By accessing or using the Services, you confirm that you have read, understood, and agreed to be bound by these Legal Terms. If you do not agree with these terms, you must immediately discontinue your use of the Services.

We recommend that you print a copy of these Legal Terms for your records.

TABLE OF CONTENTS

Our Services
Intellectual Property Rights
User Representations
Prohibited Activities
User-Generated Contributions
Contribution License
Services Management
Term and Termination
Modifications and Interruptions
Governing Law
Dispute Resolution
Corrections
Disclaimer
Limitations of Liability
Indemnification
User Data
Electronic Communications, Transactions, and Signatures
Miscellaneous
Contact Us

1. OUR SERVICES

Our Services include the operation of our online store and any other related products or services provided by Podpoc. The information provided through the Services is not intended for distribution to or use by any person or entity in any jurisdiction where such distribution or use would be contrary to law. If you access the Services from a location with local laws that differ from these Legal Terms, you do so on your own initiative and are responsible for compliance with local laws.

2. INTELLECTUAL PROPERTY RIGHTS

We own or are licensed to use all intellectual property rights in our Services, including all software, website designs, databases, text, graphics, images, trademarks, and logos (collectively, the “Content” and “Marks”). These are protected by copyright, trademark, and other intellectual property laws worldwide.

Subject to your compliance with these Legal Terms, we grant you a non-exclusive, non-transferable, revocable license to access the Services and, where permitted, download or print a copy of any portion of the Content solely for your personal, non-commercial use. You may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any Content or Marks without our express written consent.

Any breach of these intellectual property rights will be considered a material breach of these Legal Terms and may result in the termination of your right to use the Services.

3. USER REPRESENTATIONS

By using our Services, you represent and warrant that:

You have the legal capacity to enter into these Legal Terms.
You are not a minor in your jurisdiction.
You will not access the Services using automated means (e.g., bots or scripts).
Your use of the Services is for lawful purposes only and does not violate any applicable law or regulation.
Any information you provide to us is accurate, current, and complete. We reserve the right to suspend or terminate your account if any information you provide is found to be untrue, inaccurate, or incomplete.

4. PROHIBITED ACTIVITIES

You agree not to use the Services for any purpose other than as expressly permitted by these Legal Terms. Prohibited activities include, but are not limited to:

Systematically retrieving data to compile a database or directory without our permission.
Engaging in fraudulent, deceptive, or misleading behavior.
Circumventing or interfering with security features of the Services.
Disparaging, defaming, or harming us, our employees, or other users.
Uploading or transmitting viruses, malware, or other harmful software.
Using the Services for any unauthorized commercial activity.
Engaging in any behavior that could damage, disable, or impair the operation of the Services.

Any violation of these prohibited activities may result in immediate termination of your access to the Services.

5. USER-GENERATED CONTRIBUTIONS

While the Services may allow you to submit or post content (“Contributions”), you remain solely responsible for your Contributions. You represent and warrant that:

Your Contributions do not violate any laws or third-party rights.
You have all necessary rights to submit the Contributions.
Your Contributions do not contain any confidential information.

6. CONTRIBUTION LICENSE

By submitting Contributions, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Contributions in connection with the Services. This license continues even if you stop using the Services. You retain ownership of your Contributions but waive any moral rights to them.

7. SERVICES MANAGEMENT

We reserve the right to:

Monitor the Services for compliance with these Legal Terms.
Take appropriate legal action against anyone who violates these Legal Terms.
Restrict or terminate your access to the Services, remove or disable your Contributions, or remove any content that is deemed excessive or burdensome.
Manage the Services in a manner that protects our rights and ensures the proper functioning of our systems.

8. TERM AND TERMINATION

These Legal Terms remain in effect while you use the Services. We reserve the right to terminate or suspend your access to the Services at our sole discretion, without prior notice or liability, for any reason including, but not limited to, a breach of these Legal Terms. Upon termination, you are prohibited from registering or creating new accounts under any name or on behalf of any third party.

9. MODIFICATIONS AND INTERRUPTIONS

We may change, modify, or remove any part of the Services at any time without notice. We do not guarantee that the Services will be available at all times and may experience interruptions due to maintenance, technical issues, or other reasons beyond our control. You agree that we will not be liable for any loss, damage, or inconvenience caused by any interruption or modification of the Services.

10. GOVERNING LAW

These Legal Terms shall be governed by and construed in accordance with the laws of the United States. By using the Services, you consent to the exclusive jurisdiction of the applicable courts located in the United States for resolving any disputes arising out of these Legal Terms.

11. DISPUTE RESOLUTION

Informal Negotiations:
Before initiating any formal dispute resolution process, you agree to notify us in writing of any dispute, claim, or controversy arising out of or in connection with these Legal Terms, and the parties will attempt to resolve the dispute informally for at least 180 days.

Binding Arbitration:
If informal negotiations fail, any dispute arising out of or related to these Legal Terms shall be resolved by binding arbitration administered by a recognized arbitration body, under rules applicable to international commercial arbitration. Arbitration will be conducted on an individual basis, and class or representative actions are not permitted.

Exceptions:
Certain disputes, including those concerning intellectual property rights, allegations of theft, privacy violations, or injunctive relief, may be resolved in a court of competent jurisdiction instead of arbitration.

12. CORRECTIONS

The information on the Services may contain errors or inaccuracies. We reserve the right to correct any errors, inaccuracies, or omissions at any time without prior notice.

13. DISCLAIMER

THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO GUARANTEES AS TO THE ACCURACY, COMPLETENESS, OR RELIABILITY OF THE SERVICES OR ANY CONTENT PROVIDED ON THE SERVICES.

14. LIMITATIONS OF LIABILITY

IN NO EVENT SHALL WE, OUR OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR LIABILITY, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICES.

15. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Zsuzsanna Kocsis LLC, its subsidiaries, affiliates, officers, agents, and employees from any claims, damages, obligations, losses, liabilities, costs, or debt arising from your use of the Services, your violation of these Legal Terms, or your infringement of any rights of another.

16. USER DATA

We maintain data that you transmit to the Services to manage performance and monitor usage. While we perform regular backups, you are responsible for any data you transmit. We are not liable for any loss or corruption of your data.

17. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

By accessing the Services and communicating with us electronically, you consent to receive communications electronically. These communications, including emails and online forms, satisfy any legal requirement that such communications be in writing. You agree to the use of electronic signatures, contracts, and records in connection with the Services.

18. MISCELLANEOUS

These Legal Terms constitute the entire agreement between you and us regarding your use of the Services and supersede any prior agreements. Our failure to enforce any provision of these Legal Terms shall not be deemed a waiver of such provision. If any provision is found to be unenforceable, it will be severed from these Legal Terms, leaving the remainder in full force and effect. We may assign our rights and obligations under these Legal Terms at any time without notice. Nothing in these Legal Terms shall create a partnership, joint venture, employment, or agency relationship between you and us.

19. CONTACT US

If you have any questions, concerns, or requests regarding these Legal Terms or the Services, please contact us: