Podcast Terms of Use

Podcast Terms of Use

    1. BINDING EFFECT. This is a binding agreement between you and Proud N Curly, LLC. By submitting a request as a guest, recording a voicemail, and writing a memo to appear on the Proud N Curly Podcast (hereinafter “Proud N Curly”, “we”, “our”, “us”), you expressly agree to the terms and conditions detailed herein. Proud N Curly is intended only for individuals aged 18 or older.
    2. PRIVACY POLICY. We believe in being transparent in relation to our privacy practices when collecting information from you which you can find in our Privacy Policy. The Proud N Curly privacy policy is expressly incorporated into these Terms of Use by this reference.
    3. SELECTED GUESTS. You may have been contacted by Proud N Curly to be a guest on the podcast during which you will be able to share your hair journey and your work and/or products that may help or impact the audience in some way. You will receive no monetary compensation for this recording.
    4. REQUESTS TO BE GUESTS. You may submit a request to appear as a guest on an episode of the Proud N Curly podcast during which you will be able to share your hair journey. Proud N Curly shall select one entry to appear on an episode, with the selection made in the sole discretion of the host of Proud N Curly. If you choose to ask a question in your recording with intent to receive advice from the host, understand and agree the advice or coaching from the host is not of a licensed professional. The submission can be made anonymous by typing Anonymous in the name field of the form. Your submission of a request to appear does not guarantee you will be selected.
    5. SENDING A VOICE MESSAGE. You may submit one or multiple voice messages through our Speakpipe Widget. Your recording may appear on an episode of the Proud N Curly podcast. In the recording you are allowed to share a single story or experience you had with your hair per recording. You may record up to 3 different stories or experiences. If you choose to ask a question in your recording with intent to receive advice from the host, understand and agree the advice or coaching from the host is not of a licensed professional. Proud N Curly shall select one or multiple entries to appear on an episode or multiple episodes, with the selection made in the sole discretion of the host of Proud N Curly. The submission can be made anonymous by typing Anonymous in the name field of the form. Your email address will be added to the Proud N Curly newsletter, which will inform you about new episodes.Your submission of a recording does not guarantee it will be selected.
    6. WRITING A MEMO. You may submit one or multiple written memo messages through our Write a Memo form on our website. Your written message may be read aloud on an episode of the Proud N Curly podcast. In the message you are allowed to share a single story or experience you had with your hair per submission. You may submit up to 3 different stories or experiences. If you choose to ask a question in your submission with intent to receive advice from the host, understand and agree the advice or coaching from the host is not of a licensed professional. Proud N Curly shall select one or multiple entries to be read on an episode or multiple episodes, with the selection made in the sole discretion of the host of Proud N Curly. The submission can be made anonymous by typing Anonymous in the name field of the form. Your email address will be added to the Proud N Curly newsletter, which will inform you about new episodes. Your submission does not guarantee it will be selected.
    7. SHARED INFORMATION. If you, your recording, or written memo are selected to appear on Proud N Curly, you acknowledge and agree that the information you’ve submitted will be discussed and expanded upon in an episode that will be available to an audience, consisting of the general public. Should you have any trade secrets or other confidential information you do not wish to be shared, you should either not participate in the Proud N Curly Podcast or alert us prior to the recording of the episode. Proud N Curly shall then, in its sole discretion, determine whether to proceed with the appearance. To this end, you guarantee and warrant your appearance on Proud N Curly and the information you provide thereon will not violate or materially breach any other contractual agreement or obligations you have with a third party.
    8. YOUR CONTENT AND INFORMATION. You grant Proud N Curly a worldwide, royalty-free, non-exclusive, perpetual (for the duration of the applicable copyright) license to use the information and materials you submit to Proud N Curly, information you share during your appearance, as well as the information you share in your voicemail and written memo, on Proud N Curly (“Information and Materials”) as follows:

    (a) to reproduce the Information and Materials in video, audio, and textual form as an Proud N Curly episode;

    (b) to create and reproduce derivative works incorporating all or part of the Information and Materials;

    (c) to distribute copies of, display publicly, perform publicly, and perform publicly by means of a digital audio transmission the Information and Materials as part of an Proud N Curly episode or a derivative work.

    These rights may be exercised in all media and formats whether now known or hereafter devised and include the right to make such modifications as are technically necessary to exercise the rights in other media and formats. You agree that Proud N Curly may publish or otherwise disclose your name and image in connection with the Information and Materials and hereby waive any right of publicity or privacy claims. By providing Information and Materials to Proud N Curly, you warrant and represent that you own the rights to the Information and Materials or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute it.

    1. RECORDING, BROADCAST, PERFORMANCE. In submitting a request to appear or appearing on Proud N Curly, you hereby consent to the recording, broadcasting, publicly performance, and other distribution of your voice, image, and the content of the episode you appear in including, but not limited to, Information and Materials provided by you as part of an Proud N Curly episode. To this end, you expressly waive any privacy or right of publicity claims. You further acknowledge that Proud N Curly is the sole owner of all rights in and to the episode, written memo, and the recording thereof, including the use of Information and Materials you submit under the license detailed herein these Terms of Use, for all purposes; and has the right, among other things, to edit and distribute the episode one or more times by any medium or mode of transmission whatsoever without your permission. You further grant Proud N Curly the right to include a recording of the episode in a compilation of Proud N Curly episodes and to provide text versions of the recording, that may include your written memo, to the Proud N Curly audience.
    2. CONSIDERATION. You will receive no monetary compensation in consideration for entering into this agreement, assigning rights to Proud N Curly or appearing on a Proud N Curly episode. The value of receiving advice at no cost from Sierra Johnson on a Proud N Curly episode and having yourself, and, if applicable, your business,  product or service exposed to the audience of Proud N Curly shall be considered the consideration granted to you for entering into this agreement.
    3. OUTCOMES. If you choose to ask a question in your recording or written memo with intent to receive advice from the host, understand and agree that the advice and coaching you receive from Proud N Curly is not guaranteed or warranted to produce a particular outcome. It is only an experience or story the host may have experienced or heard of. The advice or coaching from the host is not of a licensed professional.
    4. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing Proud N Curly or submitting comments or requests to appear in an episode, you agree to obey the law and to respect the intellectual property rights of others. Your use of, and submission, to Proud N Curly is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.
    5. INAPPROPRIATE CONTENT. You shall not submit the following types of Content to Proud N Curly: any Content that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. We reserve the right to terminate your receipt, transmission, or other distribution of any such material, and, if applicable, to delete any such material from the Proud N Curly servers. We intend to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or any applicable laws.

     

    1. NO WARRANTIES. PROUD N CURLY HEREBY DISCLAIMS ALL WARRANTIES. WE ARE MAKING PROUD N CURLY AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, PROUD N CURLY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PROUD N CURLY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESSED OR IMPLIED, REGARDING PROUD N CURLY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. WE DO NOT WARRANT THAT PROUD N CURLY WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF PROUD N CURLY WILL BE UNINTERRUPTED OR ERROR-FREE.
    2. LIMITED LIABILITY. OUR LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PROUD N CURLY BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, PROUD N CURLY, OR ANY INFORMATION AND MATERIALS OFFERED IN AN EPISODE OF PROUD N CURLY. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION.
    3. AFFILIATED SITES. From time-to-time, third party companies and links to such companies may be mentioned in Proud N Curly episodes and supporting documentation. Because we have no control over the content and performance of these third parties, we make no guarantees about the accuracy, currency, content, or quality of the information provided by these parties, their products, services, and digital properties such as sites and apps. We assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites.
    4. PROHIBITED USES. We impose certain restrictions on your permissible use of Proud N Curly. You are prohibited from violating or attempting to violate any security features used by Proud N Curly, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of Proud N Curly, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Proud N Curly platforms, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) or attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Proud N Curly. Any violation of system or network security may subject you to civil and/or criminal liability.
    5. INDEMNITY. You agree to indemnify Proud N Curly for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless Proud N Curly, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to Proud N Curly or appearance in an episode, your violation of these Terms of Use, or your infringement of any intellectual property or other right of any person or entity. We will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
    6. COPYRIGHT. All contents of The Proud N Curly Podcast are © 2018 Proud N Curly, LLC. All rights reserved.
    7. GOVERNING LAW. These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of Georgia, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Atlanta, Georgia depending on the nature of your legal claims, in all disputes arising out of or related to Proud N Curly.
    8. SEVERABILITY; WAIVER. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
    9. NO LICENSE. Nothing contained in these Terms of Use or Proud N Curly should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Proud N Curly or by any third party.
    10. EMAIL COMMUNICATIONS. When you contact us or submit a request to appear on a Proud N Curly episode, you expressly consent and agree to receive email responses from us. These email communications may be commercial or non-commercial in nature. Non-commercial emails may include, but are not limited to, administrative issues and announcements of changes to these Terms, the Privacy Policy or other site documentation.
    11. UNITED STATES USE ONLY.  Proud N Curly is controlled and operated by Proud N Curly, LLC from its offices in the State of Georgia. The domain of the website is registered in the United States and Proud N Curly is hosted in the United States. Proud N Curly does not envisage offering goods or services to individuals in the European Union as detailed in the General Data Protection Regulation. The intended audience for Proud N Curly consists of individuals in the United States only. We make no representation that our practices comply with the requirements of any other jurisdiction. Your submission of a request to appear on an Proud N Curly episode or visit to the Proud N Curly platform should not be construed as Proud N Curly purposefully availing itself of the benefits or privilege of doing business in any jurisdiction other than the United States.
    12. AMENDMENTS. We reserve the right to amend these Terms of Use at any time. Should we seek to make such an amendment and consider the amendment to be material in nature in our own discretion, we shall publish notice of the change on Proud N Curly and provide thirty (30) days notice of the change. You may then choose to accept the amendment or not during this time period. If you do not accept the amendment, please discontinue your use of Proud N Curly.