PLEASE CAREFULLY REVIEW THESE TERMS AND CONDITIONS OF USE (“TERMS”) TOGETHER WITH OUR PRIVACY POLICY AND ALL OTHER POLICIES AND DISCLOSURES PROVIDED BY THEFOXDENPODCAST.COM BEFORE ACCESSING OR USING THEFOXDENPODCAST.COM OR ANY PRODUCTS, INFORMATION, AND SERVICES PROVIDED THROUGH THEFOXDENPODCAST.COM (COLLECTIVELY, THE “PODCAST”).
By visiting our Podcast and/or subscribing to it, you warrant and represent that you have read and understood these Terms; that you have the right, authority and capacity to enter into these Terms; and that you consent to and agree to be bound by these Terms. If you do not agree with the Terms, do not use this Podcast. These Terms apply to all users of the Podcast, including any user who contributes content, information, or other materials to the Podcast.
Overview
The content provided on our Podcast is for general informational purposes only. We do not make any representations that any information on this Podcast or any links on this Podcast are accurate, complete, or current at the time you read it.
We are not responsible for any links to third-party websites on our Podcast. We are not responsible for the content, products, or services of those third-party websites. Thus, we encourage you to carefully review the privacy policies and terms of use governing those websites if you choose to visit them.
Privacy
We take your privacy seriously. Please review our Privacy Policy so that you can understand our privacy practices. Our Privacy Policy also governs your use of the Podcast.
Minimum Age
Our Podcast is directed to people who are at least 13 years of age or older, and not to children under the age of 13 (or the equivalent minimum age in the applicable jurisdiction). If you are under the age of 13 (or the equivalent minimum age in the applicable jurisdiction), you may not use our Podcast unless your parent or other legal guardian agrees to and accepts these Terms on your behalf. Any person who uses our Podcast or provides their personal information to us represents that they are at least 13 years of age or older (or the equivalent minimum age in the applicable jurisdiction).
Product Reviews; Affiliate Links
We may receive product samples or services for review. Where this occurs, we will state that in any Podcast episode reviewing such products or services. Reviews are based on our own opinions and experiences. We encourage you to do your own research if you have any concerns about using the products or services we may review.
Intellectual Property
Unless otherwise noted, all information and content available on our Podcast and its look and feel, including but not limited to trademarks, logos, service marks, text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation and organization (“look and feel”) thereof (collectively, the “Content”) is our property or that of our affiliates, partners or licensors, and is protected by United States, international, and state laws, including laws governing copyrights and trademarks and unfair competition.
Except as set forth in the limited licenses below, or as required under applicable law, nothing stated or implied in these Terms transfers to you any license or right to Content or any intellectual property belonging to us or third parties, and all right, title, and interest in and to such intellectual property as between us and you, will remain solely with us. All other trademarks, service marks, graphics, and logos used in connection with the Podcast are trademarks or registered trademarks of ours or our licensors. Other trademarks, service marks, graphics, and logos used in connection with the Podcast may be the trademarks of other third parties.
Any unauthorized use by you of this Podcast or any and/or all of our Content automatically terminates the limited licenses set forth below without prejudice to any other remedy provided by applicable law or these Terms.
Limited License
We grant you a limited, revocable, and nonexclusive license to create a hyperlink to this Podcast or to cite or quote our original Podcast content with attribution for your personal, academic or non-commercial use only. However, you may not imply that we are endorsing any website linking to our Podcast or such website’s services or products; misrepresent your relationship with us; associate us or the Podcast with content including but not limited to products or services that could be construed as distasteful, obscene, offensive controversial or illegal or inappropriate for any ages; or portray us or our Podcast in a false, misleading, derogatory, or otherwise offensive or objectionable manner. We may request that you remove any link to the Podcast which, in our sole discretion, we deem to be in violation of these Terms providing for such limited license, and upon receipt of such request, you shall immediately remove such link or cite and cease any linking unless separately and expressly authorized in writing by us to resume doing so.
Your use of our Podcast grants you no right or license to reproduce or otherwise use any third party intellectual property.
Copyright Page; Notice of Copyright
Unless otherwise indicated, all Scripture quotations are from The ESV® Bible (The Holy Bible, English Standard Version®), copyright © 2001 by Crossway, a publishing ministry of Good News Publishers. Used by permission. All rights reserved.
“ESV,” the “English Standard Version,” the “Global Study Bible,” and the ESV logo are registered trademarks of Crossway, registered in the United States of America. Use of any of these trademarks requires the prior permission of Crossway. Crossway is a not-for-profit publishing ministry that exists solely for the purpose of publishing the Good News of the Gospel and the Truth of God’s Word, the Bible. A portion of the purchase price of every ESV Bible is donated to help support Bible distribution ministry around the world. The ESV Bible is free online and on mobile devices everywhere worldwide, including a selection of free Bible study resources, at esv.org.
All italics in quotations of Scripture have been added by the authors.
Your Comments and Suggestions
We welcome your comments on our Podcast episodes and any suggestions you may have to improve our Podcast. However, when you submit comments, suggestions, or ideas, please be aware that you are granting us a nonexclusive, worldwide, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the comments, suggestions, or unsolicited ideas for any purpose. You will receive no compensation. Any comments, suggestions, or unsolicited ideas you submit to us are not confidential. In addition, when you provide us with comments, suggestions, or ideas, you represent and warrant that the information you provide us is true, accurate, current, and complete, and that no part of your submission will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Your Responsibilities
Where use of our Podcast requires you to provide information, you agree to provide us with complete and accurate information. You will be solely responsible and liable for any activity that occurs under the information you provide to us. You are responsible for keeping your information up-to-date and for keeping any access credentials secure.
You are responsible for maintaining the security of your information including but not limited to any profile, username or account you may have in connection with the Podcast, and you are fully responsible for all activities and actions that occur with or under your information in connection with the Podcast. You shall not share or misuse access credentials. You must immediately notify us of any unauthorized uses of your profile, account, access credentials, or of any other breach of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
If you provide information to us, we consider that to be an inquiry about the Podcast, which means that we may contact you to share more information about the Podcast, for example, by email, phone call or text message. If you do not wish to receive further information, you may opt out of further communications.
You may not: post, publish, submit or transmit any content that violates or encourages any conduct that would violate any applicable law or regulation or would give rise to civil liability; post any fraudulent, false, misleading, or deceptive content; solicit other products or services on our Podcast; post anything that is defamatory, obscene, pornographic, vulgar or offensive; post anything that promotes discrimination, racism, harassment, or harm of any kind, whether physical or emotional, against any individual or group; infringe or misappropriate the intellectual property rights of any third party; impersonate another person or organization, or label or name content in a way which is misleading; publish or disseminate content which is libelous or defamatory; overburden the Podcast, as determined by us in our sole discretion; advertise on the Podcast without our consent or permission; collect or disclose sensitive personal information of others without consent on, from, to or through the Podcast, or otherwise violate the privacy or publicity rights of any third party; use the Podcast to send spam or bulk unsolicited messages; interfere with, disrupt, or attack the Podcast or any service or network related to the Podcast; post content containing or installing viruses, worms, malware, Trojan horses or other harmful or destructive content; post content which is spam, is machine- or randomly-generated, or contains unethical or unwanted commercial content designed to: drive traffic to third party sites or boost the search engine rankings of third party sites, further unlawful acts (such as phishing), or mislead recipients as to the source of the material (such as spoofing); use the Podcast in the creation, distribution, or enabling of material that is – or that facilitates or operates in conjunction with – malware, spyware, adware, or other malicious programs or destructive code; post anything that promotes any illegal or illicit behavior; use any content of this Podcast, in whole or in part, in an unlawful manner; or solicit the performance of any illegal activity or other activity which infringes the rights of us or others.
We have the right (though not the obligation) to, in our sole discretion (i) refuse or remove any content that, in our reasonable opinion, violates any policy of ours or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Podcast or any part thereof to any individual or entity for any reason, in our sole discretion.
Termination
We may terminate your access to all or any part of the Podcast at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate your continued agreement to these Terms, you will simply discontinue using the Podcast. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, those contained in sections entitled “Intellectual Property,” “Disclaimers,” “Limitation of Liability and Indemnification,” “Disputes,” “Dispute Resolution,” “Assignment,” and “Miscellaneous.”
Disclaimers
Our Content. Our Podcast is provided “as is.” We and our licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither we, nor our licensors, make any warranty that our Podcast will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Podcast at your own discretion and risk. We have not reviewed, and cannot review, all of the material, including computer software, posted to the Podcast, and cannot therefore be responsible for that material’s content, use or effects. By operating the Podcast, we do not represent or imply that we endorse all material there posted, or that we believe such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Podcast may contain content which users may find offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Podcast may also contain material for which the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. We disclaim any responsibility for any harm resulting from such use by users of the Podcast, or from any downloading by those users of content there posted.
While the Podcast may include information and instruction relating to wellness topics, such as relationships, stress, depression, and personal and spiritual growth, we are not, nor are we holding ourselves out to be, doctors/physicians, nurses, physician’s assistants, nor any other medical professional; we are not, nor are we holding ourselves to be, your psychologist, psychiatrist, psychotherapist, or social worker. The Podcast does not provide medical, psychiatric or psychological advice. You acknowledge that you are voluntarily using the Podcast, and that you are solely and personally responsible for your own choices, actions, and results, now and in the future. You accept full responsibility for the consequences of your use, or non-use, of any information provided on or through this Podcast, and you agree to use your own judgment and due diligence before implementing any idea, suggestion or recommendation from our website in your life, family or business. You fully agree that there are no guarantees as to the specific outcomes or results you can expect from using the information you receive on or through this Podcast.
Third Party Content. We reserve the right to display advertisements and other third-party content on the Podcast.Third-party content is not vetted, endorsed, or controlled by us. We have not reviewed, and cannot review, all of the material made available through the websites and webpages to which the Podcast links, or that link to the Podcast. We do not have any control over those non-Podcast websites and webpages and are not responsible for their contents or their use. By linking to a non-Podcast website or webpage, we do not represent or imply that we endorse such website or webpage. Any use or access of third-party content is at your own risk, and we shall not be responsible or liable to anyone for such third party content; rather, your use or access is solely between you and any such respective third party (“Third Party”) and will be governed by the Third Party’s terms and policies. It is your responsibility to review the Third Party’s terms and policies. If you use or access a Third Party’s content, product or service, your data will be handled in accordance with the Third Party’s privacy policy and practices. We do not have control over how a Third Party may use your data. You should carefully review Third Party data collection, retention, and use policies and practices. If you have questions or concerns about how a Third Party operates, or need support, please contact the Third Party directly. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. We disclaim any responsibility for any harm resulting from your use of non-Podcast websites and webpages.
User Comments. To the extent that user content is permitted or appears on the Podcast, we have not reviewed, and cannot review, all such content and are not responsible for any use or effects of such content. We do not endorse any user content or represent that user comments are accurate, useful, or non-harmful. If you post content or otherwise make or allow content to be made available on our Podcast, you are entirely responsible for it, and any harm resulting from it. We disclaim any responsibility for any harm resulting from anyone’s exposure to, access to, or use of user comments or other user content.
Limitation of Liability and Indemnification
In no event will we, or our licensors, be liable with respect to any subject matter of these Terms under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; or (iii) for interruption of use or loss or corruption of data. We shall have no liability for any failure or delay due to matters beyond their reasonable control. We will not have any liability whatsoever to you for any termination of your rights or access to the Podcast or parts thereof under these terms. The foregoing limitations shall not apply to the extent prohibited by applicable law.
BY USING THIS PODCAST, YOU AGREE TO RELEASE AND HOLD HARMLESS US AND OUR PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, SUCCESSORS AND ASSIGNS, AND THEIR RESPECTIVE SHAREHOLDERS, OFFICERS, DIRECTORS, AND REPRESENTATIVES, TOGETHER WITH OUR AGENTS, CONTRACTORS AND LICENSORS, FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, COSTS, DEMANDS, EXPENSES, FEES, INCLUDING ATTORNEYS’ FEES, LIABILITIES, DAMAGES OR INJURIES, WHETHER ARISING FROM A CONTRACT, WARRANTY, OR TORT, INCLUDING NEGLIGENCE, STRICT LIABILITY, OR PRODUCTS LIABILITY, ARISING OUT OF OR RELATED TO THIS PODCAST OR YOUR USE OF OUR PODCAST, INCLUDING BUT NOT LIMITED TO ANY ERRORS, INACCURACIES, OR OMISSIONS OF INFORMATION ON THIS PODCAST.
IN ADDITION, YOU AGREE TO INDEMNIFY AND HOLD HARMLESS US AND OUR CONTRACTORS AND LICENSORS TOGETHER WITH RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM AND AGAINST ANY AND ALL LOSSES, LIABILITIES, DEMANDS, DAMAGES, COSTS, CLAIMS, AND EXPENSES, INCLUDING ATTORNEY FEES, ARISING OUT OF OR RELATED TO YOUR USE OF THE PODCAST, INCLUDING BUT NOT LIMITED TO YOUR VIOLATION OF THESE TERMS, CONTENT THAT YOU POST OR OTHER ACTIVITIES CONDUCTED BY YOU.
Disputes
You acknowledge and agree that these Terms and Privacy Policy constitute the complete and exclusive agreement between us concerning your use of this Podcast, and supersede and govern all prior proposals, agreements, or other communications.
By using this Podcast, you agree that any dispute, rights, and obligations regarding this Podcast or these Terms shall be governed by and construed in accordance with the laws of the State of Indiana, without regard to conflicts-of-laws principles, rules or statutes of any jurisdiction.
Dispute Resolution; Binding Arbitration.
Any legal controversy or claim arising from or relating to these Terms, excluding legal action taken by us to collect or recover damages for, or obtain any injunction relating to website operations and/or intellectual property, will begin with an attempt to resolve any dispute, claim or controversy by arbitration, which shall be in accordance with the commercial arbitration rules of the American Arbitration Association. The parties further agree that their respective good faith participation in arbitration is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, mediation or other dispute resolution procedures. The exclusive venue of any dispute resolution will be conducted in Indianapolis, Indiana. You or we may seek any interim or preliminary relief from a court of competent jurisdiction in Indianapolis, Indiana, as necessary to protect rights or property pending the completion of arbitration.
Assignment
You may not assign or transfer any rights under these Terms, without our consent. Assignment or transfer of any and all rights without our consent will be null. We may assign our rights under these Terms without condition.
Changes to the Terms
We are constantly updating our Podcast and that means sometimes we may have to change the legal terms under which our Podcast is offered. These Terms may only be modified by a written amendment signed by us, or by the posting by us of revised Terms to the Podcast. Any changes are effective immediately upon posting on the Podcast. Your continued use of the Podcast thereafter constitutes your agreement to all such changes. If you do not agree with the Terms or other changes, you will not access or use our Podcast.
Intellectual Property Complaints
We respect the intellectual property of others. If you believe that a work has been copied or used on this Podcast in a way that constitutes trademark, right of publicity, copyright infringement, or violation of the Digital Millennium Copyright Act (“DMCA”), please contact us at [email protected]. Your communication should include the following relevant information so that we can quickly and effectively take action if required:
• A physical or electronic signature of the copyright owner or a person authorized to act on his or her behalf;
• An identification of the copyrighted work claimed to have been infringed;
• A description of the nature and exact location of the material that you claim to infringe your copyright, in sufficient detail to permit us to find and positively identify that material, linking to the specific blog post (not just the name of the blog) and containing the material and a description of which specific portion of the blog post – an image, a link, the text, etc. your complaint refers to;
• Your name, address, telephone number and email address;
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and,
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Miscellaneous
These Terms constitute the entire agreement between us and you concerning the subject matter hereof. Nothing contained in these Terms shall be construed as creating any agency, partnership, or other form of joint enterprise between you and us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms are held unenforceable or invalid under any applicable law or applicable award or court decision, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole but these Terms shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision. If any provision is void or otherwise unenforceable, that provision shall be stricken and the rest of these Terms will remain in full effect. The Terms will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Notice
The communications between us and you use electronic means, whether posted to the Podcast or sent to you via email, text or other applications. You consent to receive communications from us in these electronic form and agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you constitute legal notice to you and that these, together with all consents or authorizations you provide to us electronically, shall satisfy any legal requirement that such communications would satisfy if in a hardcopy writing.
Contacting Us
If you have any questions or concerns regarding these Terms, please contact us at [email protected].
Last Updated: 18 May, 2024