Terms of Service

ColdCaseMysteriesLV.com ("CCM") TERMS OF SERVICE

ColdCaseMysterieslv.com (hereinafter, "CCM") provides a service called Cold Case Mysteries of the Lehigh Valley Podcast Series, including the website located at coldcasemysterieslv.com (collectively, the "Services"). By using the Services and any information, text, graphics, photos, or other materials uploaded, downloaded, or appearing on the Services (collectively referred to as "Content"), you agree to be bound by the following terms and conditions (the "Terms of Service").

CCM reserves the right, at its sole discretion, to modify, discontinue, or terminate the Services or to modify these Terms of Service at any time and without prior notice. If we modify these Terms of Service, we will post the modification on the website or otherwise provide you with notice of the modification. We will also update the "Last Updated Date" in these Terms of Service. By continuing to access or use the Services after we have posted a modification to these Terms of Service or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms of Service. If the modified Terms of Service are not acceptable to you, your only recourse is to cease using the Services.

You can report abuse of our Terms of Service here (mail to: Info@coldcasemysterieslv.com).

GENERAL TERMS

- You must be 13 years or older to use this service.

- You must provide a valid email address when subscribing to the CCM email list. You will further update and keep that information current as appropriate.

- You agree that you are responsible for all data charges you incur through the use of the Services.

PROPRIETARY RIGHTS NOTICE

You understand that the organization, graphics, design, compilation, digital conversion including audio and video, and other materials related to the Services are the property of CCM and are protected pursuant to applicable copyright, trademark, and other proprietary rights laws.

LIMITED LICENSE

You are hereby granted a non-exclusive, non-transferable, worldwide right to access and use the Services, solely with supported browsers through the Internet for your own internal purposes, subject to these Terms of Service. CCM retains the right to create limits on use and storage at our sole discretion at any time without prior notice to you. All rights not expressly granted to you are reserved by CCM.

CONTENT

All Content is the sole responsibility of the user who originated such Content. CCM may, but is not required to, monitor or control the Content posted via the Services and does not take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.

CCM does not endorse, support, represent, or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate, or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will CCM be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted, or otherwise made available via the Services or broadcast elsewhere.

You retain your rights to any Content you submit, post, or display on or through the Services. In order to make the Services available to you and other users, CCM needs a license from you. By submitting, posting, or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such Content in any and all media or distribution methods (now known or later developed). You agree that this license includes the right for CCM to provide, promote, and improve the Services and to make Content submitted to or through the Services available to other companies, organizations, or individuals who partner with CCM for the syndication, broadcast, distribution, or publication of such Content on other media and services, subject to our terms and conditions for such Content use. Such additional uses by CCM or other companies, organizations, or individuals who partner with CCM may be made with no compensation paid to you with respect to the Content that you submit, post, transmit, or otherwise make available through the Services. We may modify or adapt your Content in order to transmit, display, or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services, or media.

You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and our third-party partners. You understand that your Content may be syndicated, broadcast, distributed, or published by our partners and if you do not have the right to submit Content for such use, it may subject you to liability. CCM will not be responsible or liable for any use of your Content by CCM in accordance with these Terms of Service. You represent and warrant that you have all the rights, power, and authority necessary to grant the rights granted herein to any Content that you submit.

RESTRICTIONS ON USE OF SERVICES

You shall abide by all applicable local, state, national, and international laws and regulations and be solely responsible for all acts or omissions that occur with respect to your Content and/or under your account or password, including those related to the protection of intellectual property, data privacy, international communications, and transmission of technical or personal data. By way of example, and not as a limitation, you will not, directly or indirectly:

- Transmit any pornographic, obscene, offensive, threatening, harassing, libelous, hate-oriented, harmful, defamatory, racist, or illegal material or content;

- Transmit any material or content that attempts to falsely state or otherwise misrepresent your identity or affiliation with a person or entity;

- Transmit material or content that promotes, provides or relates to instructional information about illegal activities or promotes physical harm or injury against any individual or group;

- Transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;

- Transmit any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright, or right of publicity;

- Harvest or otherwise collect information about others, including email addresses, without their consent;

- Use a false identity or forged email address or header, or otherwise attempt to mislead others as to your identity or the origin of your messages;

- Transmit unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material of any kind or nature;

- Transmit any material that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs;

- Interfere with or disrupt networks or websites associated with the Services or violate the regulations, policies, or procedures of such networks;

- Attempt to gain unauthorized access to the ColdCaseMysterieslv.com website, Services, other accounts, computer systems, or networks associated with the Services, through password mining or any other means;

- Attempt to access ColdCaseMysterieslv.com's private API by means other than those permitted by ColdCaseMysterieslv.com;

- Interfere with another person's use and enjoyment of the Services or use and enjoyment of similar services.

If you engage in any activity set forth above or violate any other Terms of Service, CCM reserves the right to take such action as it deems appropriate to deal with the violation at any time and without notice. Such action may include suspending your access to the Services, prohibiting you from accessing the Services, blocking computers using your IP address from accessing the Services, contacting your internet service provider to request that they block your access to the Services, and/or bringing court proceedings against you. CCM will report any unlawful conduct to the appropriate authorities and turn over any and all information regarding such activity to appropriate persons or entities.

The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising by CCM on the Services are subject to change. In consideration for CCM granting you access to and use of the Services, you agree that CCM and its parent, third-party providers, and partners may place such advertising on the Services or in connection with the display of Content or information from the Services, whether submitted by you or others.

PRIVACY POLICY

You agree to the terms of the ColdCaseMysterieslv.com Privacy Policy (https://www.coldcasemysterieslv.com/privacy-policy).

COPYRIGHT POLICY

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by CCM infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed or access to it blocked. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. Notices and counter-notices with respect to the Services should be sent to CCM at:

Cold Case Mystery Podcast Series
Attn: Elliot Ganezer, Esq.
306 South New Street
Suite 110
Bethlehem, PA 18015

NO WARRANTIES/LIMITATION OF LIABILITY

You understand that all warranties, express or implied, are disclaimed (including, but not limited to, the disclaimer of any implied warranties of non-infringement, merchantability, and fitness for a particular purpose). CCM is not liable for any indirect, special, incidental, or consequential damages (including damages for loss of business, loss of profits, litigation, or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability, or otherwise, even if advised of the possibility of such damages. CCM shall have no obligation to defend any claim or suit or to hold harmless or indemnify you against any allegation of infringement or violation of any patent right of a third party by reason of your use of the Services. The negation of damages set forth above is a fundamental element of the basis of the bargain between CCM and you. The Services would not be provided without such limitations. No advice or information, whether oral or written, shall create any warranty, representation, or guarantee not expressly stated in these Terms of Service. If you are dissatisfied with the Services or any of these Terms of Service, your sole and exclusive remedy is to discontinue using the Services immediately. By using the Services, you agree that the exclusions and limitations of liability set forth above are reasonable.

INDEMNIFICATION

You agree to indemnify, defend, and hold CCM and its partners, attorneys, employees, agents, and affiliates harmless from any liability, loss, claim, and expense, including reasonable attorneys’ fees, related to your violation of these Terms of Service, use of the Services, or any service provided or performed or agreed to be performed, or any product sold by you, your agents, employees, or assigns.

ASSIGNMENT

CCM may transfer, sub-contract, or otherwise deal with CCM’s rights and/or obligations under these Terms of Service without notifying you or obtaining your consent. You may not transfer, sub-contract, or otherwise deal with your rights and/or obligations under these Terms of Service.

WAIVER AND SEVERABILITY

Any failure by us to enforce or exercise any provisions of these Terms of Service shall not constitute a waiver of that right or provision. Our failure to act with respect to a breach by you or others does not waive our rights to act with respect to subsequent or similar breaches. In the event that any provision of these Terms of Service is held to be invalid, unlawful, or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms of Service will remain in full force and effect.

CANCELLATION

You are solely responsible for properly canceling your account. Any cancellation of your account will result in the deactivation or deletion of your account or your access to the account. Please be aware that CCM may for a time retain residual information and/or archival copies in its database.

To cancel your account send an email request to: info@coldcasemysterieslv.com With ‘cancellation’ written in the subject line.

Any cancellation, suspension, or termination will not affect your obligations to CCM under these Terms of Service (including, without limitation, proprietary rights and ownership, indemnification, and limitation of liability), which by their sense and context are intended to survive such cancellation, suspension, or termination.

LAW AND JURISDICTION

You agree that these Terms of Service shall be treated as though they were executed and performed in Bethlehem, Pennsylvania, and shall be governed by and construed in accordance with the laws of the State of Pennsylvania (without regard to conflict of law principles). All legal proceedings arising out of or in connection with these Terms of Service, the ColdCaseMysterieslv.com Privacy Policy, or any other agreement related to the use of the Services shall be brought solely in Bethlehem, Pennsylvania, and you waive any objection to jurisdiction and venue in such courts.

TIME LIMITATION ON CLAIMS

You agree that any claim(s) you may have arising out of or related to your relationship with CCM must be filed within one year after such claim(s) arose; otherwise, your claim(s) is permanently barred.

TERRITORIAL RESTRICTIONS

The information provided within the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject CCM to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Services or any portion of the Services to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any Content, program, product, service, or other feature that CCM provides.

Software related to or made available by the Services may be subject to United States export controls. Thus, no software from the Services may be downloaded, exported, or re-exported:

- into (or to a national or resident of) any country to which the United States has embargoed goods; or

- to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders.

By downloading any software related to the Services, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.

ENTIRE AGREEMENT

These Terms of Service (including the ColdCaseMysterieslv.com Privacy Policy) constitute the entire and exclusive understanding and agreement between CCM and you regarding the Services, and these Terms of Service supersede and replace any and all prior oral or written understandings or agreements between CCM and you regarding the Services.