Terms and Conditions

Last Updated: June 8, 2024

These Terms and Conditions are a legally binding agreement that govern your access to and use of the Haystacks & Hell website, podcast, and other resources.

1. Introduction

These Terms and Conditions ("Terms") apply when you:

  • Visit the Haystacks & Hell website haystacksnhell.com directly or through our branded short URLs hell.bio ("Website")
  • Access the Haystacks & Hell Podcast through our Website or any 3rd party platforms including, but not limited to, Apple Podcasts, Spotify, and YouTube ("Podcast")
  • Participate in a recorded interview for the Podcast ("Interview")
  • Submit written stories through our website; email; social media (whether private messages or public comments); voicemail; or any other platform used by Haystacks & Hell ("Story")
  • Request mutual aid support from the Haystacks & Hell community ("Mutual Aid Request")
  • Donate to Haystacks & Hell, whether on a one-time or monthly recurring basis to support the Haystacks & Hell Podcast ("Donation")
  • Purchase branded merchandise like t-shirts or hats from Haystacks & Hell ("Purchase")
  • Access any of the above materials or other items relating to Haystacks & Hell, including but not limited to, text, images, audio, video, music, and social media posts ("Content")


Please carefully read these Terms as they are a written and legally binding agreement between you and Haystacks & Hell. Each time you engage in any of the activities listed above, you agree to be bound by these Terms. If you do not agree with these Terms, do not engage in any of the activities listed above.

Summary:
You agree to all these Terms whenever you interact with us and our content.
2. Information You Provide to Us

You may give us information about yourself when you visit our Website or participate in any of the activities listed in Section 1. Our Privacy Policy explains our practices with respect to that information. We may need to send you email messages in order to, for example, verify your identity or provide you with important information. You authorize us to send those messages when you visit our Website or other platforms and provide your contact details.

Summary:
Any information you provide to us is governed by our Privacy Policy. If you provide us with your contact information, we may contact you if we have a valid reason.
3. Intellectual Property

Haystacks & Hell and its licensors exclusively own all rights, title, and interest in the patents, copyrights (including rights in derivative works), moral rights, rights of publicity, trademarks or service marks, logos and designs, trade secrets, and other intellectual property embodied by, or contained in the Haystack & Hell Website and Podcast (collectively, "IP"). Our IP is protected by copyright, trade secret, patent, and other intellectual property laws, and all rights in our IP not expressly granted to you in these Terms are reserved.

You may choose to or we may invite you to submit comments or ideas about improvements to the Website, Podcast, or our other products or services ("Ideas"). If you submit an Idea to us, we will presume that your submission was voluntary, unsolicited by us, and delivered to us without any restrictions on our use of the Idea. You also agree that Haystacks & Hell has no fiduciary or any other obligation to you in connection with any Idea you submit to us, and that we are free to use your Ideas without any attribution or compensation to you.

Summary:
We own all the rights to our own Intellectual Property. If you share any ideas with us on how to improve, we can use those ideas and do not owe you anything in return.
4. Website and Podcast Access

Haystacks & Hell grants you a limited, revocable, non-exclusive, non-transferable license to access the Website and Podcast. This license does not include a right to use any of the content and information, including any Story, Podcast episode, Product listing, or any other Content that appears on our Website or social media profiles. Your permissions and/or licenses are automatically terminated by any unauthorized use.

NO WEBSITE, PODCAST, OR OTHER HAYSTACKS & HELL CONTENT IS INTENDED TO CONSTITUTE ANY SORT OF PROFESSIONAL ADVICE, WHETHER MEDICAL, FINANCIAL, LEGAL OR OTHERWISE. HAYSTACKS & HELL AND THOSE POSTING OR OTHERWISE PROVIDING INFORMATION, CONTENT OR MATERIAL ARE NOT RESPONSIBLE OR LIABLE FOR ANY CONSEQUENCES RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, CONTENT OR OTHER MATERIAL PRODUCED OR PUBLISHED BY HAYSTACKS & HELL.

You understand that by accessing our Website or Podcast, you may encounter Content that you may deem to be offensive or objectionable, and that such Content may or may not be identified as having explicit material. Nevertheless, you agree to the use of our Website and Podcast at your sole risk and we shall have no liability to you for material that may be found to be offensive or objectionable.

Summary:
You can access our Website and Podcast, but you do not have a right to use any of our content. None of our content is meant to be any sort of professional advice (medical, financial, legal, etc.) and we are not responsible for any content you might find offensive.
5. Podcast Interviews and Story Submissions

You may voluntarily participate in a recorded Interview for the Haystacks & Hell Podcast or submit a Story to be shared by Haystacks & Hell on our Website, Podcast, and social media accounts.

When recording an Interview or sharing a Story, you are under no obligation to share your real personally identifiable information with us. You can choose to use a real or fake name for yourself, use a throwaway email address, and call from a throwaway number to protect your real identity. However, we do ask that you only submit truthful stories and:

  • Avoid the use of real names of other people to protect their privacy
  • Do not out other people who are not ready to be outed (e.g. as ex-Adventist, atheist, etc.)


Any and all Interviews and Stories are governed by our Terms and Privacy Policy. This includes the opportunity to post, upload, display, publish, distribute, transmit or otherwise make available on or submit through the Website or other channels, messages, text, files, comments, responses, information, content, results, reviews, suggestions, personally identifiable information, or other information or materials and the ideas contained therein ("User-Generated Content"). We may allow you to do this through web forms, email, and other communications functionality. Subject to the rights and license you grant in these Terms, you retain whatever legally cognizable right, title, and interest that you have in your User-Generated Content and you remain ultimately responsible for it.

Whenever providing User-Generated Content to us, including participating in recorded Interviews, you hereby grant to Haystacks & Hell, and you agree to grant to Haystacks & Hell, the non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and cost-free right and license to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense (through multiple levels), display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise use and exploit in any manner whatsoever, all or any portion of your User-Generated Content (and derivative works thereof), for any purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same.

Without limitation, the granted rights include the right to: (a) record, configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in searchable format, and remove such User-Generated Content and combine same with other materials, and (b) use any ideas, concepts, know-how, or techniques contained in any User-Generated Content for any purposes whatsoever, including developing, producing, and marketing products and/or services. In order to further effect the rights and license that you grant to Haystacks & Hell to your User-Generated Content, you also hereby grant to us, and agree to grant to us, the unconditional, perpetual, irrevocable right to use and exploit your provided name, persona, and likeness in connection with any User-Generated Content, without any obligation or remuneration to you.

Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any User-Generated Content, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section 5.

Summary:
You can record an Interview or share a Story with us, but be honest and don't out other people. By sharing, you agree to our Terms and Privacy Policy and you are ultimately responsible for whatever you share. We can use anything you share with us, however we choose (including editing, translating, selling, marketing, etc.), worldwide, with no limitations. You cannot undo or revoke your sharing with us, and we do not owe you any compensation for sharing with us.
6. Payments

Haystacks & Hell is not a registered 501(c)(3) charity or nonprofit organization, so any and all payments are not tax deductible. We accept one-time and recurring monthly payments through the following platforms; any payments made through these platforms are subject to their respective terms and privacy policies:


Payments made to support the Podcast can be made through Ko-Fi (one-time or recurring monthly) or Patreon (only recurring monthly). Recurring monthly payments can be canceled at any time. If you make a donation by mistake, you may request a refund within 30 calendar days of the transaction. Contact us at haystacksnhell [at] [gmail] . [com] or by phone at (301) 750-8648‬ for support.

Summary:
We are not a nonprofit, so none of your payments to us are tax deductible. If you pay through one of the platforms we use, you agree to the platform's terms and privacy policies. Monthly payments on platforms we control can be canceled at any time. If you make a payment by mistake, you can email, call, or text to ask for a refund up to 30 days later.
7. Products

Details of the products available for purchase on our Website, Ko-Fi, or Patreon ("Products") are set out on their respective Product pages. All features, content, specifications, products and prices of products and services described or depicted are subject to change at any time without notice. Unless expressly noted, all weights, measures and similar descriptions are approximate and are provided for convenience purposes only. Packaging may vary from that shown, and the appearance of a product in reality may differ from its appearance to you due to the limitations of the systems that you use to access the Website. The inclusion of any products or services at a particular time does not imply or warrant that these products or services will be available at any time. Occasionally, the manufacture or distribution of a certain product or service may be delayed for a number of reasons. In such event, we will make reasonable efforts to notify you of the delay and keep you informed of the revised delivery schedule. By placing an order, you represent that the products ordered will be used only in a lawful manner.

Summary:
Product details may change at any time, without notice, and are for convenience only. Products may become unavailable at any time, and delays may occur. We'll do our best to let you know in advance of any changes. By ordering our Products, you promise to use them lawfully.
8. Shipping and Returns

This Section 8 applies to Products that are physical goods. For clarity, this Section 9 applies despite any contrary terms in any invoice or purchase order.

Orders are shipped using carriers selected by Haystacks & Hell. The shipping fees you will be charged, if any, will be provided to you before you confirm your order. If we provide you with an estimated shipping date, the estimated delivery date is not guaranteed, and inventory shortages or events beyond our control could impact the delivery date. Haystacks & Hell is not liable for delivery later than the estimated delivery date, or for any loss, damage, or penalty you may incur from a delay in shipment or delivery. Unless otherwise noted in the product description, each Product will be delivered to the Free Carrier (FCA) delivery location (as such location is designated on the applicable order) (Incoterms 2010).

Unless otherwise noted in the product description, Products may be returned in their original packaging and condition (including all accessories and components provided) within 30 days of purchase for an exchange with an item that matches the product description of the item that you purchased. If we cannot fulfill an exchange, your exclusive remedy is to return the item in unused condition, in exchange for a refund. Return shipping instructions will be provided. Haystacks & Hell will cover the cost of return shipping and will refund your purchase price in full.

To begin the return process, please contact us at haystacksnhell [at] [gmail] . [com] or by phone at (301) 750-8648‬.

Summary:
This section is specific to physical Products. When you buy a physical product, it will be shipped using carriers we select. Estimated delivery dates aren't guaranteed, and we're not responsible for delays. Products can be returned for an exchange of the same product within 30 days. If we can't offer you an exchange, we'll offer you a full refund. You can email or call us to start the return process.
9. Sanctions and Export Policy

You may not use our Website or purchase any Product in or for the benefit of a country, organization, entity, or person embargoed or blocked by any government, including those on sanctions lists identified by the United States Office of Foreign Asset Control (OFAC). We do not claim, and we cannot guarantee that our Website or any Product is or will be appropriate or available for any location or jurisdiction, comply with the laws of any location or jurisdiction, or comply with laws governing export, import, or foreign use.

Summary:
Do not use our Website or purchase any Products for countries, organizations, or people that are sanctioned or blocked by governments, including the U.S. We don't claim or guarantee our Website or Products will be appropriate or available in your country.
10. No Warranties

We provide our Website, Podcast, IP, Content, and Products "as is" and "as available", without any express, implied, or statutory warranties of title, merchantability, fitness for a particular purpose, noninfringement, or any other type of condition, warranty or guarantee. No data, documentation or any other information provided by us or obtained by you from or through our Website - whether from Haystacks & Hell or another entity, and whether oral or written - creates or implies any warranty from us to you.

Haystacks & Hell disclaims any knowledge of, and does not guarantee: (a) the accuracy, reliability, or correctness of any data provided through our Website and any and all Content; (b) that our Products will meet your specific needs or requirements; (c) that our Website, Podcast, or Content will be available at any particular time or location, or will function in an uninterrupted manner or be secure; (d) that Haystacks & Hell will correct any defects or errors in our Website, Podcast, or Content; or (e) that our Website is free of viruses or other harmful code. Use of data, products or services that you access, purchase or download through our Website is done at your own risk - you are solely responsible for any damage to your property, loss of data, or any other loss that results from such access, purchase or download.

Nothing in these Terms of Use operates to exclude, restrict or modify the application of any implied condition, warranty or guarantee, or the exercise of any right or remedy, or the imposition of any liability under law to the extent that doing so would: (a) contravene that law; or (b) cause any term of this agreement to be void.

Summary:
Haystacks & Hell provides everything, including our Website, Podcast, Content, and Products "as is" and we make no warranties or guarantees. Your use of these things is at your own risk.
11. Limitation of Liability

Under no circumstances will Haystacks & Hell be responsible or liable to you for any indirect, punitive, incidental, special, consequential, or exemplary damages resulting from your use or inability to use our Website or for the unavailability of our Website, or for lost profits, personal injury, or property damage, or for any other damages arising out of, in connection with, or relating to these Terms and Conditions or your use of our Website, even if such damages are foreseeable, and whether or not you or Haystacks & Hell has been advised of the possibility of such damages.

Haystacks & Hell is not liable, and denies responsibility for, any damages, harm, or losses to you arising from or relating to hacking, tampering, or other unauthorized access or use of our Website or your failure to use or implement anti-fraud measures, security controls, or any other data security measure. We further deny responsibility for all liability and damages to you or others caused by (a) your access or use of our Website inconsistent with our instructions; (b) any unauthorized access of servers, infrastructure, or data used in connection with our Website; (c) any bugs, viruses, or other harmful code that may be transmitted to or through our Website; (d) any errors, inaccuracies, omissions, or losses in or to any data provided to us; (e) third-party content provided by you; or (f) the defamatory, offensive, or illegal conduct of others.

You agree to limit any additional liability not disclaimed or denied by Haystacks & Hell in relation to our Website, Podcast, IP, Content, and Products, to your direct and documented damages; and you further agree that under no circumstances will any such liability exceed in the aggregate the greater of the amounts paid by you to Haystacks & Hell during the three-month period immediately preceding the event that gave rise to your claim for damages, and USD $20. These limitations on our liability to you will apply regardless of the legal theory on which your claim is based, including contract, tort (including negligence), strict liability, or any other theory or basis.

Summary:
We're not responsible for any damages as a result of your use of our Website, Podcast, IP, Content, and Products. Our liability will never exceed whichever amount is greater: $20 or the amount of money you have paid us during the 3 months before the event behind your claim.
12. Governing Law

By using our Website, you agree that the laws of the state of California, USA, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and Haystacks & Hell.

Summary:
Any legal matters will be governed by the laws of the state of California.
13. Modification and Severability

We have the right to change or add to the terms of these Terms and Conditions at any time, solely with prospective effect, and to change, delete, discontinue, or impose conditions on use of our Website, Podcast, and Content by posting such changes on our website or any other website we maintain or own. You can access a copy of the current version of these Terms and Conditions on our website at any time. You can find out when these Terms and Conditions were last changed by checking the "Last Updated" date at the top of the page.

Summary:
We can decide to change our terms whenever, and these changes will only apply going forward. To see when our terms were last changed, see the "Last Updated" date at the top.

Available wherever you listen to podcasts

Listen to Haystacks & Hell directly on our website or subscribe using your favorite platform.

© 2024 Haystacks & Hell. All right reserved.
PrivacyTermsCredits