Terms of Service for Promoted Episodes on Experiencing Data Podcast

UPDATED: Dec 8, 2023

Welcome! This page outlines the Terms of Service ("Terms") for Promoted Episodes on the Experiencing Data podcast ("Podcast") hosted by Brian T. O’Neill (“Podcast Host”) and owned and operated by Designing for Analytics, LLC, a Massachusetts-based limited liability company. By purchasing a Promoted Episode package, you ("Sponsor") agree to be bound by these Terms. The terms “you,” “your,” and “yours” refer to the Sponsor and any of Sponsor’s designated representative(s) who you have chosen to have interviewed by the Podcast Host (“Guest”).

  1. What You Get
    When you purchase a Promoted Episode package, you receive the following services:

    1. An interview with your Guest
    2. Professional editing and production of the Podcast episode featuring your Guest.
    3. Publishing and promotion of the podcast as outlined in the package that was purchased
  2. Package Options and PaymentProducer offers three different Promoted Episode packages, each with its own set of benefits. You can choose the package that best suits your needs and budget. You will be able to see the specific details of each package and their associated costs before making a purchase.
  3. Money-Back Refund PolicyIf Sponsor is unhappy with the interview, Sponsor is entitled to a full refund for their Promoted Episode package at any time up until 12 hours after the recording session between your Guest and the Podcast Host for any reason. The Sponsor must inform the Podcast Host in writing during this time window to invoke this refund policy.
  4. Important Disclosures
    1. Promoted Episode Identification: Sponsor understands Producer will succintly identify  to the audience at the start of a Promoted Episode, in both the audio and any associated written materials, that the episode is a Promoted Episode.
    2. No Guarantees of Business Results: Producer does not guarantee any specific business results, including leads or sales, from your participation in a Promoted Episode. You are purchasing exposure to the Podcast's audience, and the outcome depends on various factors beyond Producer's control.
    3. Audience Size and Type: While Producer shares some audience metrics you, it does not guarantee a specific number of listeners for any individual episode. You can request one report on the number of downloads of your Promoted Episode at any time within 30 days after its release.
    4. Release Date: Producer does not guarantee a specific release date for your Promoted Episode, however Producer shall make every effort to release your episode within 8 weeks of recording, or on a specific date provided that the requested publishing date was agreed to in writing by both parties prior to the recording session. Producer determines the final release date based on its production schedule and other factors.
    5. Editorial Control: Producer retains full editorial control over the final audio and any associated text summaries or write-ups. This includes the right to edit or remove any content the Producer deems inappropriate or harmful.
    6. Restrictions on Promotion: You may not overtly promote yourself, your products or your services during the episode, except during the portion of the episode where the Host will ask you about your solutions, products or services and how the audience can get in touch with you.
    7. Sponsor Review Period: You will have 96 hours after the recording session to request edits to the audio. Edits are limited to deleting portions of the audio only. Producer will not allow additions, changes, re-recordings, or other edits.
  5. Limitation of Liability
    IN NO EVENT SHALL PRODUCER OR ITS AFFILIATES, MANAGERS, MEMBERS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES WHATSOEVER RESULTING FROM THE PROMOTED EPISODE INCLUDING, BUT NOT LIMITED TO, RELIANCE BY A USER ON ANY INFORMATION OBTAINED AT THIS SITE, OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO OUR RECORDS, PROGRAMS OR SERVICES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER IN AN ACTION OF EQUITY, CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE, PROVISION OF OR FAILURE TO PROVIDE SERVICES AVAILABLE FROM OR THROUGH THIS SITE EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL AUDIO AND WRITTEN CONTENT REPRESENTING THIS PROMOTED EPISODE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
  6. Indemnification
    You agree to defend, indemnify and hold harmless Producer, its affiliates, shareholders, directors, officers, employees, agents, suppliers and licensors, from and against any claim, actions or demands, including without limitation any proceeding, investigation or claim by a self-regulatory organization, state or federal securities agency or commission, (collectively, an “Action”) against Producer and/or each of its affiliates, directors, officers, agents, employees, or licensees (collectively, the “Indemnitee”) to the fullest extent permitted by law arising out of or in connection with: (1) an assertion that the information, content, or other materials or services provided or made available by you, or the use thereof, may infringe any copyright, trademark, or other intellectual property rights of any individual or entity, or are a misappropriation of any individual or entity’s trade secret, or contain any libelous, defamatory, disparaging, pornographic, or obscene materials; (2) any breach by you of your obligations under these Terms; and/or (3) your use of this Site, including the information, content, services, and/or products provided therein. You shall indemnify and hold harmless the Indemnitee from and against any and all damages, costs, liabilities, and attorneys’ fees incurred in defending and/or resolving such Action. The foregoing indemnification shall survive expiration or termination of this Agreement.
  7. Governing Law and Dispute Resolution
    These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, excluding its conflicts of laws principles. Any legal proceeding arising out of the use of this Service must be brought in Massachusetts and must be brought within one year after the claim or cause of action arises or it is barred. By using this Service, you agree to submit to the personal and exclusive jurisdiction of the courts located within the Commonwealth of Massachusetts. In the event that Producer is forced to take legal action to collect on debts or past-due payments from you, you shall pay all reasonable legal fees of Producer.
  8. Entire Agreement and Severability
    These Terms constitute the entire agreement between you and Producer with respect to the subject matter hereof and supersede all prior or contemporaneous communications, representations, or agreements, whether oral or written. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.
  9. Assignment
    You hereby acknowledge that you shall have no power or authority to assume or create any obligation or responsibility on behalf of Producer. You may not assign or transfer your rights or obligations under these Terms, in whole or in part, without our prior written consent. Any attempted assignment in violation of this provisions will be null and void and of no force or effect. We may assign our rights and obligations under these Terms freely at any time without notice. Subject to the foregoing, these Terms will bind and inure to the benefit of each party’s permitted successors and assigns. If any portion of these Terms is found to be unenforceable, such portion will be modified to reflect the parties’ intention and only to the extent necessary to make it enforceable, and the remaining provisions of these Terms will remain in full force and effect.
  10. Waiver
    These Terms contain the entire agreement between you and Producer with respect to this Site and supersede all prior or contemporaneous agreements or understandings, whether electronic, oral or written, between you and Producer with respect to this Site. These Terms may only be modified, and a party may only waive its rights under these Terms, by a written document executed by both parties. Any failure to enforce any provision of these Terms shall not constitute a waiver thereof or of any other provision hereof.

For questions about these Terms, please email brian@designingforanalytics.com .