Last Updated: December 8, 2025

1. ACCEPTANCE OF TERMS

Welcome to the website and digital hub for the podcast "Occurrence" (the "Site"). These Terms of Use ("Terms") constitute a binding legal agreement between you ("User," "you," or "your") and Occurrence ("Company," "we," "us," or "our").

These Terms govern your access to and use of our Site, our content, and the membership services provided via our third-party partners, Payhip and Supercast (collectively, the "Services").

PLEASE READ CAREFULLY: By visiting this Site, listening to our content, purchasing products, or subscribing to a membership, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must cease using our Services.

DISPUTE NOTICE: These Terms contain a dispute resolution clause (Section 13) that governs how claims are resolved, including a waiver of your right to a jury trial and a waiver of your right to participate in class actions.

2. MODIFICATIONS TO TERMS

We reserve the right to update or modify these Terms at any time without prior notice. Any changes will be effective immediately upon posting to the Site. Your continued use of the Services following the posting of any changes constitutes acceptance of those changes. We recommend you review these Terms periodically.

3. PRIVACY AND DATA

Your privacy is important to us. Our use of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

By using the Services, you acknowledge that we may process your information. Furthermore, because we utilize third-party platforms (Payhip and Supercast) to facilitate transactions and membership delivery, you acknowledge that your data will also be subject to the privacy policies and terms of use of those respective platforms.

4. ELIGIBILITY

By using the Services, you represent and warrant that:

  • You are at least the age of majority in your jurisdiction of residence.

  • You have the legal power and authority to enter into these Terms.

  • You have not been previously banned or removed from our Services.

5. ACCOUNTS AND SECURITY

To access exclusive content via Payhip or Supercast, you may be required to create an account or provide authentication details. You are responsible for maintaining the confidentiality of your login credentials. You agree to accept responsibility for all activities that occur under your account. If you suspect any unauthorized use of your account, you must notify us immediately at occurrencepod@gmail.com.

6. MEMBERSHIPS, SUBSCRIPTIONS, AND PAYMENTS

We offer digital products and recurring membership subscriptions ("Memberships") processed through Payhip and Supercast.

  • Third-Party Processing: We do not store your full credit card information. All payment processing is handled by our third-party partners. By purchasing a Membership, you agree to abide by the terms of service of the applicable processor.

  • Automatic Renewal: Unless you cancel before your billing date, your Membership will automatically renew for the same duration as your initial subscription term (e.g., monthly or annually) at the then-current rate. You authorize our payment processors to charge your payment method for these renewals.

  • Cancellation: You may cancel your Membership at any time through your user portal on Supercast or Payhip, or by contacting us at occurrencepod@gmail.com.

    • Effect of Cancellation: Cancellation will prevent future charges. You will retain access to the content until the end of your current paid billing cycle.

  • No Refunds: Due to the digital nature of our content, all fees and charges are non-refundable, except where required by law. There are no refunds for partially used billing periods.

  • Price Changes: We reserve the right to adjust pricing for our Services. Any price changes to existing subscriptions will be communicated to you in advance via email or through the platform.

7. INTELLECTUAL PROPERTY RIGHTS

  • Our Content: All content provided by "Occurrence," including audio episodes, scripts, logos, graphics, text, and merchandise designs (the "Materials"), is the exclusive property of Occurrence or its licensors and is protected by copyright, trademark, and other intellectual property laws.

  • Limited License: We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Materials for personal, non-commercial use only.

  • Prohibitions: You may not:

    • Reproduce, distribute, sell, or publicly perform our content without our express written permission.

    • Use our content to train artificial intelligence (AI) or machine learning models.

    • Create derivative works (e.g., fan fiction sold for profit) based on our intellectual property.

8. USER-GENERATED CONTENT

If the Services allow you to post comments, feedback, or other content ("User Content"):

  • License to Us: By posting User Content, you grant us a worldwide, royalty-free, perpetual license to use, reproduce, modify, and display such content in connection with the Services and our marketing.

  • Responsibility: You are solely responsible for your User Content. You agree not to post content that is illegal, defamatory, hate speech, or infringes on the rights of others.

  • Moderation: We have the right, but not the obligation, to monitor and remove any User Content at our sole discretion.

9. PROHIBITED CONDUCT

You agree not to use the Services to:

  • Violate any local, state, national, or international law.

  • Harass, threaten, or intimidate other users or the podcast staff.

  • Impersonate any person or entity.

  • Interfere with or disrupt the Site, servers, or networks connected to the Services.

  • Attempt to gain unauthorized access to any portion of the Services or restricted Membership areas.

  • Engage in data mining, scraping, or similar data gathering and extraction tools.

10. INTERNATIONAL USE

The Services are controlled and operated from the United States. If you access the Services from outside the U.S., you do so at your own initiative and are responsible for compliance with local laws.

11. DISCLAIMER OF WARRANTIES

THE SERVICES AND MATERIALS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE.

12. LIMITATION OF LIABILITY

IN NO EVENT SHALL OCCURRENCE, ITS AFFILIATES, OR PARTNERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

13. DISPUTE RESOLUTION AND CLASS ACTION WAIVER

  • Governing Law: These Terms shall be governed by the laws of the United States of America, without regard to its conflict of law provisions.

  • Binding Arbitration: Any dispute arising from these Terms or your use of the Services shall be resolved through binding arbitration in Texas, rather than in court.

  • Class Action Waiver: YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

14. DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA)

We respect the intellectual property of others. If you believe your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent with the following:

  1. A description of the copyrighted work.

  2. A description of where the material is located on our Site.

  3. Your contact information.

  4. A statement that you have a good faith belief that the use is not authorized.

  5. A statement under penalty of perjury that your information is accurate.

Contact for DMCA Notices: occurrencepod@gmail.com.

16. SERVICE AVAILABILITY AND INTERRUPTIONS

We cannot guarantee that the Site or the Services will be uninterrupted, secure, or error-free. We reserve the right to modify, suspend, or discontinue the Site or Services (or any part thereof) at any time, with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.

17. ACCESS AND EQUIPMENT

You are solely responsible for obtaining and maintaining the necessary hardware, software, and internet connection required to access and use the Site and Services. You are responsible for all data charges and fees associated with your use of the Services. We are not liable for any communication failures, lost data, or security breaches resulting from your internet connection or equipment.

18. ACCURACY OF INFORMATION

While we strive to provide accurate and up-to-date information, we do not warrant the accuracy, currency, or completeness of any information on the Site or Services. Occurrence doesn't conduct our own independent investigations. Instead, we work to gather information from the internet, other publicly available sources and fact-check as much as we can - but there are times when we may male mistakes due to language barriers, sealed documents, and the way information is presented online. We reserve the right to correct errors or omissions and to update information at any time without prior notice. The content provided is for general information and entertainment purposes only.

19. THIRD-PARTY LINKS AND SERVICES

The Site and Services may contain links to third-party websites, applications, or resources ("Outside Services"), including but not limited to Payhip, Supercast, podcast platforms (like Apple Podcasts or Spotify), and social media networks.

  • No Endorsement: We do not control, endorse, or assume responsibility for the content, privacy policies, or practices of any Outside Services.

  • Your Risk: You acknowledge and agree that your access to and use of Outside Services is at your own risk and subject to the terms and conditions of those respective services.

  • Transactions: Any interactions or transactions between you and a third-party service provider found through our Services are solely between you and that provider. We are not liable for any loss or damage incurred as a result of such dealings.

20. SECURITY

We take reasonable measures to protect the security of the Site and Services; however, we cannot guarantee that unauthorized third parties will not be able to defeat our security measures or use your personal information for improper purposes.

  • Your Responsibility: You are responsible for maintaining the security of your device and your account credentials. You agree to notify us immediately of any unauthorized use of your account.

  • Viruses and Malware: We are not responsible for any harm caused by viruses, malware, or other destructive code that may infect your equipment or data due to your access to the Site or Services. We recommend using up-to-date antivirus software.

21. DISCLAIMER OF WARRANTIES ("AS IS")

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SITE, THE SERVICES, AND ALL MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

  • IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

  • WARRANTIES THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

  • WARRANTIES REGARDING THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES.

NO ADVICE: NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

22. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL OCCURRENCE, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS (COLLECTIVELY, THE "PROTECTED PARTIES") BE LIABLE FOR ANY:

  1. INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES;

  2. LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES;

  3. DAMAGES RELATING TO YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICES;

  4. DAMAGES RESULTING FROM THE CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES.

LIABILITY CAP: IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE PROTECTED PARTIES EXCEED THE GREATER OF (A) THE AMOUNT YOU HAVE PAID TO US FOR THE SERVICES IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM, OR (B) FIFTY U.S. DOLLARS ($50.00).

Some jurisdictions do not allow the exclusion or limitation of liability for certain damages. Some of the above limitations may not apply to you.

23. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless the Protected Parties from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to attorney's fees) arising from:

  1. Your use of and access to the Services;

  2. Your violation of any term of these Terms;

  3. Your violation of any third-party right, including without limitation any copyright, property, or privacy right; or

  4. Any claim that your User Content caused damage to a third party.

24. TERM AND TERMINATION

We reserve the right to terminate or suspend your access to the Site and Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.

  • Effect of Termination: Upon termination, your right to use the Services will immediately cease.

  • Survival: All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

25. DISPUTE RESOLUTION; CLASS ACTION AND JURY WAIVER

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

A. Informal Resolution

Before filing a claim against us, you agree to try to resolve the dispute informally by contacting us at occurrencepod@gmail.com. We will attempt to resolve the dispute informally by contacting you via email. If a dispute is not resolved within sixty (60) days of submission, you or we may bring a formal proceeding.

B. Binding Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by binding arbitration in Texas before one arbitrator. The arbitration shall be administered pursuant to Comprehensive Arbitration Rules and Procedures. Judgment on the award may be entered in any court having jurisdiction.

C. Class Action and Jury Waiver

YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims and may not otherwise preside over any form of a representative or class proceeding. YOU WAIVE ANY RIGHT TO A JURY TRIAL.

D. Time Limit for Claims

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

26. GOVERNING LAW AND VENUE

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions. You agree to submit to the personal jurisdiction of the state and federal courts located in Texas for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

27. GENERAL PROVISIONS

  • Entire Agreement: These Terms (and our Privacy Policy) constitute the entire agreement between you and us regarding the Services and supersede all prior and contemporaneous written or oral agreements between you and us.

  • No Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

  • Severability: If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

  • Assignment: You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. We may assign or transfer these Terms, at our sole discretion, without restriction.

28. CONTACT INFORMATION

If you have any questions about these Terms, please contact us at:

Occurrence Podcast Email: occurrencepod@gmail.com Mailing Address: Available Upon Request