Freakonomics Terms of Service

As of September 21, 2023

Renbud Radio LLC d/b/a “Freakonomics Radio Network” (“we”, “us” or “our”) provides access to this website, located at http://www.freakonomics.com (“Site”). We offer this Site, including all information and services available from this Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our Site and/or purchasing something from us, you engage in our “Services” and agree to be bound by the following terms and conditions (“Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the Site.

Please read these Terms carefully before accessing or using our Site. If you do not agree to these Terms and/or our Privacy Policy (“Privacy Policy”), then you must navigate away from and discontinue using the Site and any of the provided Services.

You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of and/or access to the Site following the posting of any changes constitutes acceptance of those changes.

Our store, available via the Site, is hosted on Podswag, a brand owned and operated by Stitcher Media, LLC. They provide us with the online e-commerce platform that allows us to sell our products to you. You should also review Podswag’s terms available at https://www.podswag.com.

1. Site Terms and General Conditions.

Subject to these Terms, we grant you a limited, non-exclusive, nontransferable personal license to access and use the Site and Service. In order to access or use the Site and Services, you need to be at least 13 years of age. If you are over 13 years old but not of legal age to enter into this Agreement, you must have obtained parental or guardian consent to enter into this Agreement. If you do not meet these eligibility requirements, you may not, under any circumstances or for any reason, use the Site and/or Services. We may, in our sole discretion, refuse to offer the Services to any person or entity and change these eligibility criteria at any time.

You may not rent, transfer, assign, commercially exploit, resell or sublicense access to the Site or any portion of the Site to any third party. You may use the Site only for your personal, non-commercial purposes.  In addition to other prohibitions as set forth in the Terms, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances (including, but not limited to copyright laws); (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of the Site, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or the Site, other websites, or the Internet.

We reserve the right to terminate your use of the Service or the Site for violating any of the prohibited uses, or for any reason in our sole discretion.

We reserve the right to refuse the Service and/or access to the Site to anyone for any reason at any time.

2. Registration; Accounts.

In order to use certain features of the Service such as requesting our newsletters, podcast updates, communicating with us through our Q&A forum, and joining our Membership Program offered through the Services you will be required to provide us with certain personal information, the use of which is governed by our Privacy Policy. You may need to register and create an account with us, through which you will be able to access certain public and Membership Program features (“Account”). Access to your Account will require verifying a valid email address that is your own, choosing a password and providing us with complete and accurate registration information, which may include, without limitation, your name, email address, postal address, phone number and other details as required by us to provide the Service.

You represent and warrant that all required information you submit is truthful and accurate. You will be solely responsible for any activity conducted through your Account, so please keep that information confidential and safe. If at any time your details change or if you learn or suspect that your password has been used or obtained by a person not authorized to use it, please notify us immediately.

You are responsible for maintaining the confidentiality of your personal information and payment information uploaded to your Account and for all usage and activity on your Account, including the use of Membership Program Services by any third party. You are not authorized to access any Membership Program Services unless you have created an Account and paid the applicable Membership Fee for such Membership Program. You may not assist anyone else in accessing your Membership on an unauthorized basis, including by sharing any access credentials we provide to you, sharing links to a Membership Program Service, or providing any content or other materials that you obtained through a Membership of third parties.

3. Freakonomics Radio Plus, Membership Program.

Certain Service options are provided free-of-charge, while Freakonomics Radio Plus and other certain options may require payment before they can be accessed, (“Membership Program” or “Membership”). To access these premium features, you may purchase a Membership directly from Company upon registering for your Account by paying a membership fee plus applicable taxes (“Membership Fee(s)”) in advance on a monthly basis or some other recurring interval disclosed to you prior to your purchase. Your initial membership term starts on the date that the Membership Fees due have been paid in full, and you will be responsible for all monthly charges required to maintain your Account.

All Membership Fees will be determined by us in our sole discretion, and are not refundable. We may decide to change the Membership Fees due in connection with your Account access, but we will give you advance notice of such changes giving you the option to cancel your Account prior to such increased fees going into effect. Price changes will take effect at the start of the next payment period following the date of the price change and, by continuing to use the Service after the price change takes effect, you will have accepted the new price. If you do not agree to a price change, you can reject the change cancelling the applicable Membership Program prior to the price change going into effect. We reserve the right to suspend or cancel your Account if you fail to pay the associated Membership Fees. We assume no responsibility or liability if your Membership fails to renew or otherwise expires because of outdated or incorrect payment information.

The Membership will automatically renew at the end of the applicable membership period, unless you cancel your Membership Program before the end of the then-current membership period. You may cancel your Membership at any time, by following the instructions on the Service. The cancellation will take effect the day after the last day of the current membership period, and you will be downgraded to the free version of the Service. We do not provide refunds or credits for any partial membership periods, except as expressly stated in these Terms.

In addition to offering Membership Programs through our Site, we may make it possible for you to join the Membership Program through one or more third-party platforms (e.g., Apple). Your Membership will be tied to, and may only be managed via, the platform through which you join and purchase the Membership. Please refer to the third-party platform through which you join the Membership Program for more details on their terms and policies, including those regarding cancelling memberships and/or subscriptions and refunds. If you elect to join the Membership Program via a third-party platform, your Membership through such platform does not provide you with access to Membership Program Services on other third-party platforms. It is your responsibility to cancel your Membership with that third-party platform to avoid duplicate charges. We are not responsible for the products and services provided by such third parties.

Membership Program offered through our Site may be provided for your access and use through our third party service provider, Supporting Cast

4. Ownership.

As between you and us, we and/or our service providers and content suppliers, as applicable, retain all right, title and interest in and to the Site, Service and products, all material on the Site, including, but not limited to, text, data, graphics, logos, button icons, images, audio clips, video clips, links, data compilations, and software, and all related intellectual property rights.  We reserve all rights not granted in these Terms.  Unless you obtain our prior written consent, you may not copy, distribute, publicly perform, publicly display or create derivative works from any work made available or accessible via the Site or Service.

All trademarks, logos, service marks, graphics and other content (“Site IP”) displayed or otherwise published on or through the Site and Service are our property or the property of our third party service providers. You are not permitted to use the Site IP without our prior written consent or the consent of such third party which may own the Site IP.

You may have the opportunity to submit Comments, data, text, files, information, images, photos, audio and video clips, sounds, and other content or materials (collectively, “Content”) on the Site via means provided by us or a third party. By uploading, submitting or displaying Content on any part of the Service or Site, you automatically grant, and you represent and warrant that you have the right to grant, to us an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), transmit, and distribute such Content for any purpose on or in connection with the Site and the Services.

You are solely responsible for your conduct and any Content you submit on the Site or otherwise provide to us, and you agree to indemnify and hold us harmless as well as all of our employees, members, directors or managers, shareholders, agents and representatives, affiliates, successors, and designees with respect to any claim based upon the transmission of such Content or other activity conducted on, through or in connection with the Site. We reserve the right to remove any Content for any or no reason whatsoever.

5. Accuracy, Completeness and Timeliness of Information.

We are not responsible if information made available on this Site is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, complete or timely sources of information. Any reliance on the material on this Site is at your own risk and we disclaim all liability with respect to the same.

6. Modifications to the Service.

We reserve the right at any time to discontinue the Site and Service (or any part or content thereof) without notice at any time, and we additionally reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on the Site.

We shall not be liable to you or to any third party for any modification, product price changes, suspension or discontinuance of the Service.

7. Products or Services.

Certain products or services listed on the Site, such as Freakonomics Radio merchandise (“Freakonomics Merch”), may be available online through the Site, and their descriptions and prices are each subject to change without notice. Certain Freakonomics Merch products may have limited quantities and are subject to return or exchange only according to the policies specified at https://www.Podswag.com.

We have made every effort to display as accurately as possible the colors and images of our Freakonomics Merch products that appear on the Site. We cannot guarantee that your device’s display of any color will be accurate.

We reserve the right to modify, suspend or discontinue the sale of any product with or without notice or limit the sales of our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. Any offer for any product or service made on this Site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

Occasionally there may be information on our Site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on the Site is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on the Site, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on the Site, should be taken to indicate that all information in the Service or on the Site has been modified or updated.

8. Accuracy of Billing and Account Information.

You agree to provide current, complete and accurate purchase and Account information for all purchases made on our Site. You expressly agree and authorize us and/or our third-party service providers to charge your credit card, debit card or other payment method associated with your Account in connection with any purchase made on or through our Site.

Payments for accepted Freakonomics Merch orders will be processed through our third party service provider, Podswag, operated by Shopify, using your credit card, debit card, or other applicable payment method. For each product you order, you agree to pay the price applicable for the product as of the time you submitted your order, the shipping, handling and delivery fees for the delivery services you select, and any applicable Taxes (defined below). Shopify, or their third party payment processor, such as Stripe or PayPal, will automatically bill your credit card, or other payment option, submitted as part of the order process for such amounts and you hereby authorize them to do so. 

With respect to the Membership Program, Memberships and associated Membership Fees will be processed though our third party payment processor, Stripe, using your credit card, debit card, or other applicable payment method. For each Membership, you agree to pay the Membership Fee, any applicable Taxes (defined below) and other charges and fees incurred in order to access the Membership Program. We, or our third party payment processor, will automatically bill your credit card, or other payment option linked to your Account, and you hereby authorize us and/or them to do so. You acknowledge and agree that we do not need to obtain any additional authorization from you for any automatic and/or recurring payments.

You will be solely responsible for payment of all taxes, fees, duties, and other governmental charges, and any related penalties and interest, arising from the product or service purchased (“Taxes”) not withheld.  Tax rates are based on the rates applicable at the time of your monthly charge. These amounts can change over time with local tax requirements in your country, state, territory, county, or city. Any change in tax rate will be automatically applied based on the account information you provide.

Products will be shipped in accordance with the shipping method you selected when placing the order. Any delivery dates provided by us are estimates.

In the event you have an issue with a purchased product, please reach out to us through our contact form located here. Notwithstanding any of the foregoing, you agree that, if we cancel all or a part of your order, your sole and exclusive remedy will be a refund of any funds previously remitted to us by you in connection with the canceled order.

9. Third Party Links or Tools.

Certain content and services available via our Site and Service may include materials, plug-ins, applications, features, services or tools from third parties. Please note these Terms are separate from the terms and policies governing the applications, plug-ins, services and platforms of our service providers and other third party platforms. Please review their terms and policies before accessing or using our Site to ensure you agree to such terms and policies.

Third party links, plug-ins, applications or features on the Site may use third party services and/or direct you to third party websites that are not affiliated with us. In some cases, the Site may include certain embedded tools provided and controlled by third parties and governed by the terms and policies of the third parties. We are not responsible for examining or evaluating the content or accuracy of such services and/or site and we do not warrant and will not have any liability or responsibility for any third party materials, tools or websites, or for any other materials, products, features, applications or services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third party websites. Please review carefully the third party’s terms, policies and practices and make sure you understand them before you engage in any transaction. By accepting and agreeing to these Terms, you are also agreeing to all terms of service and use, legal requirements, privacy policies, and any other agreements, terms and conditions of the third party service providers (such as Apple Podcasts, PodSwag, Sirius XM Radio, Stitcher, and other applicable platforms) used in connection with our Services and the use and access thereof. Complaints, claims, concerns, or questions regarding third party products or services should be directed to the third party.

10. User Comments, Feedback and Other Submissions.

If you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), those become our exclusive property, and you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you forward to us. We are and shall be under no obligation (a) to maintain any Comments in confidence; (b) to pay compensation for any Comments; or (c) to respond to any Comments.

We may, but have no obligation to, monitor, edit or remove Comments and/or any other Content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.

You agree that your Comments and/or any other Content you submit to the Site will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or the Site. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third party.

11. Personal Information. Your submission of personal information through the Site is governed by our Privacy Policy, which can be found here. The Privacy Policy is incorporated into these Terms by this reference.
12. Disclaimer of Warranties; Limitation of Liability.

We do not guarantee, represent or warrant that your use of the Site and Service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the Site and Service will be accurate or reliable.

You agree that from time to time we may remove the Site and Service for indefinite periods of time or cancel the Service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Site and Service is at your sole risk. The Site, Service and all products and services delivered to you through the Site and Service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall WE, our directors, officers, MANAGERS, MEMBERS, PARTNERS, employees, affiliates, SUBSIDIARIES, agents, contractors, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any Products procured using the service, or for any other claim related in any way to your use of the SITE, Service or any Product, 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 the Service or any content (or Product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL WE BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL, INCLUDING WITHOUT LIMITATION, INTERNET FAILURES OR DELAYS, COMPUTER EQUIPMENT FAILURES, TELECOMUNICATION FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, EPIDEMICS, PANDEMICS, OR OTHER PUBLIC HEALTH CRISES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, OTHER ACTS OF NATURE, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, AND NON-PERFORMANCE OF THIRD PARTIES.

13. Indemnification. You agree to indemnify, defend and hold harmless us and our parent, subsidiaries, affiliates, partners, officers, directors, members, managers, agents, contractors, licensors, service providers, subcontractors, suppliers and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents and policies they incorporate by reference, or your violation of any law or the rights of a third-party.
14. Severability. In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
15. Entire Agreement.

The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

These Terms and any policies or operating rules posted by us on this Site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).

16. Governing Law. These Terms shall be construed and enforced in accordance with the laws of the United States and the State of New York, without regard to any conflict of law provisions, and any and all legal actions in connection with the Services and/or these Terms of Service or our Privacy Policy shall be brought exclusively in the federal or state courts located in New York County, New York, U.S.A.
17. Changes to These Terms.

You can review the most current version of the Terms at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our Site. It is your responsibility to check our Site periodically for changes. Your continued use of or access to our Site or the Service following the posting of any changes to these Terms constitutes acceptance of those changes.

18. Contact Information. If you have questions or comments about these Terms, you may contact us by email or by post as set forth below.

Address:
Renbud Radio, LLC d/b/a “Freakonomics Radio Network”
c/o Stitcher
5 Bryant Park
New York, NY 10018

Email: info@freakonomics.com