Terms of Service

Last Updated: August 31, 2021

The Gist

We (the folks at zensylvania.com) support the fundamental human right to freedom of expression and present the website and podcast for those who may take entertainment, benefit and joy from it. We hope you love it and that it contributes to a positive state of mind for you, too. We make no claim whether that will or won’t happen. Zensylvania.com is not responsible for anything outside of its own presentation and if it is determined to be found responsible for anything, the maximum payout, including legal fees, cannot exceed any monies that you’ve paid to us over the preceding 12 months.

We may be reached via email at: zensylvaniapodcast@gmail.com.

Terms of Service

These Terms govern access and use of all the content, products and services we provide through www.zensylvania.com, the related podcast or any other materials or services.

Please read these Terms carefully before accessing or using zensylvania.com. By accessing or using any part of our Services, you agree to be bound by all of the Terms and all other operating rules, policies, and procedures that we may publish via the Services from time to time (collectively, the “Agreement”). You also agree that we may automatically change, update, or add on to our Services, and this Agreement will apply to any changes.

By continuing to access, link to, or use this website and/or podcast, you accept the Zensyalvia.com terms and conditions in full. If you disagree with the terms and conditions or any part of these terms and conditions, you must not use the website, podcast or other material.

1. Who’s Who

“You” means any individual or entity using our Services. If you use our Services on behalf of another person or entity, you represent and warrant that you’re authorized to accept the Agreement on that person’s or entity’s behalf, that by using using our Services you’re accepting the Agreement on behalf of that person or entity, and that if you, or that person or entity, violates the Agreement, you and that person or entity agree to be responsible to us.

“We” means the folks at zensylvania.com.

2. Minimum Age and Competency Requirements

Our Services are not directed to children or those who may be deemed not to be competent as an independent, autonomous individual. Whatever your jurisdiction of residences, you may only use our Services only if you can legally form a binding agreement with us.

3. Responsibility of Visitors and Users

We expect our visitors and users to be competent and autonomous individuals who hold themselves accountable to employ critical thinking and self-responsibility when visiting zensylvania.com.

We haven’t reviewed, and can’t review, all of the content (like text, photo, video, audio, code, computer software, items for sale, and other materials) posted to or made available through or on websites that we may link or refer to, or are linked from, our Services. We’re not responsible for any use or effects of Content or third-party websites. So, for example:

  • We don’t have any control over third-party websites.
  • A link to or from one of our Services does not represent or imply that we endorse any third-party website.
  • We don’t endorse any Content or represent that Content is accurate, useful, or not harmful. Content could be offensive, indecent, or objectionable; include technical inaccuracies, typographical mistakes, or other errors; or violate or infringe the privacy, publicity rights, intellectual property rights, or other proprietary rights of third parties.
  • We aren’t responsible for any harm resulting from anyone’s access, use, purchase, or downloading of Content, or for any harm resulting from this or third-party websites. You’re responsible for taking the necessary precautions to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
  • Any Content that’s for sale through any of our Services is the seller’s sole responsibility, so you must look solely to the seller for any damages that result from your purchase or use of Content.
  • We are not a party to, and will have no responsibility or liability for, any communications, transactions, interactions, or disputes between you and the provider of any Content.

Please note that additional third-party terms and conditions may apply to Content you download, copy, purchase, or use.

4. Feedback

We love hearing from you and are always looking to improve our Services. When you share comments, ideas, or feedback with us, you agree that we’re free to use them without any restriction or compensation to you. Nor are we obligated to act on any feedback that may be submitted.

5. Intellectual Property

As we ask others to respect our intellectual property rights, we respect the intellectual property rights of others. If you believe any Content violates your copyright, please see our send us a notice.

The Agreement doesn’t transfer any zensylvania.com or third-party intellectual property to you, and all right, title, and interest in and to such property remains (as between zensylvania.com and you) solely with zensylvania.com. Zensylvania.com and all other trademarks, service marks, graphics, and logos used in connection with our websites or Services are trademarks or registered trademarks of zensylvania.com. Other trademarks, service marks, graphics, and logos used in connection with our Services may be the trademarks of other third parties. Using our Services doesn’t grant you any right or license to reproduce or otherwise use any zensylvania.com or third-party trademarks.

6. Changes

Any and all content on http://www.zensylvania.com is provisional and subject to alteration based upon editorial needs, authorial whim, new information, further consideration or altered perspectives. As such, the information on this website is intended wholly for entertainment purposes – both mine and yours. Nothing here should be taken to be authoritative. Like life itself, it’s all a work in progress.

We may update, change, or discontinue any aspect of our Services at any time. We’ll let you know when there are changes: we’ll post them here and update the “Last Updated” date, and we may also post on one of our blogs or mention on our podcast or other communication before the changes become effective. Your continued use of our Services after the new terms take effect will be subject to the new terms, so if you disagree with the changes in the new terms, you should stop using our Services. To the extent you have an existing subscription, you may or may not be eligible for a refund.

7. Termination

We may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately.

You can stop using our Services at any time.

8. Disclaimers

Our Services and content are provided “as is.” Zensylvania.com and any contributors, suppliers and 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 zensylvania.com, nor its contributors, suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted.

9. Limitation of Liability

In no event will zensylvania.com, or its suppliers, partners, or licensors, be liable with respect to any subject matter of the Agreement 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; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed fees or amounts paid by you to zensylvania.com under the Agreement during the twelve (12) month period prior to the cause of action, whichever is greater. Zensylvania.com shall have no liability for any failure or delay due to matters beyond its reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

10. Indemnification

You agree to indemnify and hold harmless zensylvania.com, its contributors, contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims, and expenses, including attorneys’ fees, arising out of or related to your use of our Services, including but not limited to your violation of the Agreement or any agreement with a provider of third-party services used in connection with the Services, Content that you post, and any ecommerce activities conducted through your or another user’s website.

11. Translation

These Terms were originally written in English (US). We may translate these terms into other languages, and in the event of a conflict between a translated version of these Terms and the English version, the English version will control.

12. Miscellaneous

The Agreement (together with any other terms we provide that apply to any specific Service) constitutes the entire agreement between zensylvania.com and you concerning our Services. If any part of the Agreement is unlawful, void, or unenforceable, that part is severable from the Agreement, and does not affect the validity or enforceability of the rest of the Agreement. A waiver by either party of any term or condition of the Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.

Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the province of Ontario, Canada, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the provincial and federal courts located in Ontario, Canada. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in London, Ontario, Canada, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If you prevail over Zensylvania.com., no fees paid to you, including attorney’s fees, may exceed what you have paid to Zensylvania.com in the prior 12 months. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Zensylvania.com may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

We’ve made these Terms available under a Creative Commons Sharealike license, which means that you’re more than welcome to copy them, adapt them, and repurpose them for your own use. Just make sure to revise them so that your Terms of Service reflect your actual practices. Also, if you do use these Terms, we’d appreciate a credit and link to Automattic somewhere on your website. You can grab a copy of these Terms and other legal documents on GitHub.

Hat Tip to: fs.blog for their valuable adaptation of the Automattic terms of service.