Terms & Conditions

Welcome to Quid Pod Quo on www.quidpod.com (hereinafter, the “Website” and/or “QPQ”). This Website is owned and operated by Cherry Pit Productions, LLC. By visiting our Website and utilizing any information or resources found here or otherwise provided by us, you understand and agree to these Terms and Conditions as stated in this policy (the “User Agreement”) along with all terms as set forth in our Privacy Policy (see below).

This User Agreement is effective as of January 1, 2024 and thereafter. We reserve the right to modify this User Agreement without notice to you other than updating the effective date. Your continued use of this Website after a date as set forth here, constitutes your continued agreement to this User Agreement.

We provide this Website to offer podcasters or other content creators (“Client”) the ability to build and grow their audiences through the power of collaboration. Through its first-ever industrywide, promo exchange service, QPQ matches Client with like-minded podcasters (Partner) in an exchange of promos (“Cross Promos”) across podcasts, newsletters or other services, via the QPQ promo matching platform (“Platform”).

The process begins when the Client submits information to QPQ about their promotion needs. QPQ presents Client with a Campaign proposal of Cross Promos based on impressions/date range. Once all parties have agreed to Campaign, QPQ facilitates the process by collecting and distributing scripts, audio files and all relevant information/assets needed to enact the Campaign through its exclusive QPQ Client Portal. QPQ will work with Client to facilitate Campaign tracking and will present a final report to Client upon Campaign completion.

We provide this Website to offer Clients information, resources, goods and services, and other tools, such as Cross Promos, as well as links to other sources of what we believe to be beneficial things (collectively, the “Resources”) and we provide these Resources “as-is,” without any warranty of fitness for any particular purpose other than as expressly stated or that the resources will be available as and when you need. You agree to use the Resources only for the purposes intended as permitted by this User Agreement or applicable law and agree to make your own independent evaluation of any particular Resource as being appropriate for your purposes. We provide services at different levels of accessibility, some being without charge, some with associated charges and some with greater degrees of charges, all as set forth. You also may be required to set up an account and you are responsible for all activity that occurs under your account. Accessing (or attempting to access) any Resource by any means other than through the means we provide is strictly prohibited.

In order to access the Resources we provide at any particular level of access as set forth, you understand and agree:

• To pay us any associated fees, if any, in connection with any access level as set forth and as ordered by you

• All information you provide to us (name, email, and other requested information) are all accurate, correct and up-to-date.

• To share information with QPQ to verify that the Cross Promo obligation has been fulfilled, by sharing access or information compiled by your internal metrics service or a third party service, unless the Partner can independently verify the information through third party services, such as but not limited to Chartable, Podtrac, Apple Podcasts, Megaphone.

• You are solely liable for any consequences, damages, or other losses that we may directly or indirectly incur or suffer due to any prohibited activity on your part or perpetrated through your account

• You will not solicit from anyone, or provide through your account, anything that is illegal or reasonably deemed offensive or immoral and you will not upload, post, share, or otherwise distribute any content that is illegal, threatening, defamatory, abusive, fraudulent, racist, or otherwise containing any inappropriate language or improperly impersonates any third-party or misappropriates any third-party owned material (and when direct messaging any other user, you will not threaten or harass them and will always treat everyone with whom you interact with the utmost respect)

• We are not responsible for the acts or omissions of any third party with whom you have contact or otherwise interact through our Resources and you alone are responsible to conduct your own due diligence in connection with any third party information provided to you

• You agree to indemnify and hold harmless Cherry Pit Productions, LLC and its affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.

• You understand and agree that any claim you may have against us is limited to the amount you paid, if any, for use of the Resources and Cherry Pit Productions, LLC is not liable for any direct, indirect, incidental, consequential, or exemplary damages which may be incurred by you as a result of using the Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply

• You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our Website, including the Resources, with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.

• This Website is controlled by Cherry Pit Productions, LLC from our offices located in the state of Massachusetts, USA. It can be accessed by most countries around the world. As each country has laws that may differ from those of Massachusetts or of the US, by accessing our website, you agree that the statutes and laws of Massachusetts, and of US federal law, as applicable, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site. Moreover, any action to enforce this User Agreement is to be brought in the federal or state courts located in Massachusetts, US and you hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

• Intellectual Property: All content and materials available on our Website, including but not limited to text, graphics, website name, code, images and logos and the Resources, are the intellectual property of Cherry Pit Productions, LLC, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by us in writing.

The parties understand and agree that Client is the sole owner of any and all intellectual property rights associated with any Cross Promo they supply. The parties understand and agree that QPQ is the sole owner of any and all intellectual property rights associated with the QPQ Platform.

Under no circumstances shall QPQ be authorized to use the Cross Promo other than in connection with Client’s Campaigns. Client shall submit all Cross Promos to QPQ for approval prior to the commencement of Campaign. After the applicable Cross Promo has been approved by QPQ, Client shall not alter, modify or otherwise change the Cross Promo, or any other Promo-related feature, in any manner whatsoever, without obtaining QPQ’s prior express written consent.

QPQ reserves the right, in its sole discretion and without liability, to: change any of its Cross Promo Guidelines at any time; and reject, omit, exclude or terminate any Cross Promo for any reason at any time, with subsequent notice to the Client, whether or not such Cross Promo was previously acknowledged, accepted or published by QPQ. Such reasons for rejection, omission or exclusion of Cross Promo include, but are not limited to, QPQ determination, in its sole discretion, that the Cross Promo, including the applicable products and/or services promoted by such Promos are in violation of any applicable law, rule, regulation or other judicial or administrative order or where the content thereof may tend to bring disparagement, ridicule or scorn upon QPQ or any of its Publishers and/or Partners.

Client reserves the right to reject, omit, exclude, terminate or request a change to the Cross Promo at any time and QPQ shall, subject to the provisions set forth herein, comply with such request as soon as practical but in no event later than seven (7) business days after its receipt thereof. Client may cancel or suspend a Campaign, or a Cross Promo associated with such a Campaign, effective within approximately twenty-four (24) to forty-eight (48) business hours of QPQ’s receipt of Client’s cancellation notice, which Client can deliver by emailing info@quidpod.com. However, Client is still liable for all payments agreed upon.

If Client fails to fulfill its obligations to Partner(s), by failing to deliver the set number of impressions in a campaign, Client will provide additional promos via another source (a different podcast property, newsletter or web promo).

Privacy Policy

By using our Website, accessing our Resources, and continued use and access, you consent to this Privacy Policy. We collect information from you when you register on our Website, create an account, utilize our Resources whether paid or free, or otherwise interact with us through this Website. When creating an account or accessing our Resources, as appropriate, you may be asked to enter your: name, e-mail address, mailing address, location, phone number, credit card information, and desired password or other information capable of personally identifying you (“Personal Information”). You may, however, use our Website without registering, although some content and/or sections may become inaccessible. Like most websites, we use cookies to enhance your experience, gather general visitor information, and track visits to our website.

We may use your Personal Information in any of the following ways:

To improve our Website experience in general

To improve our customer service and to provide you with customer service

To process transactions you have authorized

To send you correspondence and administer and provide the Resources to you

We protect your Personal Information in the following ways:

We never sell, rent, exchange, or share your Personal Information with any other company or third party without your consent. Provided however, we do provide Personal Information as necessary to trusted third parties who help us administer our Website and provide the Resources, and in each such instance, those third parties are required to adhere to this Privacy Policy as well.

We implement a variety of security measures to maintain the safety of your personal information when you submit a request, place an order or enter, submit, or access your personal information. These security measures may include: password protected directories and databases to safeguard your information, SSL (Secure Sockets Layered) technology via HTTPS urls to ensure that your information is fully encrypted and sent across the Internet securely or PCI Scanning to actively protect our servers from hackers and other vulnerabilities. We offer the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Payment gateway providers database only to be accessible by those authorized with special access rights to such systems, and are required to keep the information confidential. We are GDRP compliant.

We may provide third-party vendors with aggregated, encrypted and de-identified data that is not capable of personally identifying any specific individual. We may provide your Personal Information when we believe release is appropriate to comply with the law, enforce our Website policies, or protect ours or others’ rights, property, or safety. When a match is created, you have expressly granted us permission to provide portions of your Personal Information to that matched profile as reasonable to facilitate the Cross Promo.

Cherry Pit Productions, LLC will only use your Personal Information for the purposes described in this Privacy Policy or as subsequently authorized by you. You may opt out of this Privacy Policy at any time by providing us with written notice and terminating your account. When we receive such a notice, subject to our prior legal and contractual restrictions, of which we will advise you of, if any, and subject to a reasonable timeframe within which to accomplish the task, we will terminate your access to the Resources, delete your profile and all stored Personal Information. Any act on our part prior to the receipt of such a notice is subject to this Privacy Policy. We are in compliance with the requirements of COPPA (Childrens Online Privacy Protection Act), and as such, we do not knowingly collect any information from anyone under 13 years of age. This Website and the Resources are all directed to people who are at least 13 years old or older.We have taken precautions to ensure that we are compliant with the CAN-SPAM Act of 2003 by never knowingly sending out misleading information.

Contacting Us

If there are any questions regarding this Privacy Policy or any of the Terms and Conditions, you may contact us using the information below.

Cherry Pit Productions, LLC
Quid Pod Quo
Kevin Sullivan
Belmont, MA 02478
info@quidpod.com

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