Last updated: March 18, 2026

Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using the https://thebraincandypodcast.com website (the “Service”) operated by The Brain Candy Podcast (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, members, subscribers and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Brain Candy® Podcast: Master Terms of Use & Legal Notice

Last Updated: March 18, 2026

1. Ownership and Intellectual Property

All content associated with the Brain Candy® podcast—including but not limited to audio recordings, video content, show notes, transcripts, metadata, and logos—is the exclusive property of Wave Podcast Network. This content is protected under the U.S. Copyright Act (17 U.S.C. § 101 et seq.) and international intellectual property treaties.

2. Grant of Limited License

Brain Candy® provides its RSS feed and associated media files for personal, non-commercial use only. Listeners are granted a limited, non-exclusive, non-transferable license to download and stream audio for private enjoyment via authorized third-party podcatchers (e.g., Apple Podcasts, Spotify, Amazon Music).

Any use outside of this scope is strictly prohibited without a signed, written licensing agreement from Wave Podcast Network.

3. Prohibition of Automated Processing & AI Training

Pursuant to the California Generative AI Training Data Transparency Act (AB 2013), which took effect on January 1, 2026, Brain Candy® hereby issues a formal denial of permission for its content to be used in the development or training of any generative artificial intelligence system.

No Scraping: Automated “crawling,” “scraping,” or “ingestion” of this website or the associated RSS feed by bots, spiders, or AI agents is forbidden.
No LLM Training: Use of Brain Candy® audio or text for Large Language Model (LLM) training, “fine-tuning,” or “retrieval-augmented generation” (RAG) is strictly prohibited.
Mandatory Disclosure: Any entity found to have ingested Brain Candy® content in violation of these terms must, under AB 2013, publicly disclose Brain Candy® and Wave Podcast Network as sources and is liable for statutory damages.

4. Unauthorized Transcription & Attribution Tracking

Brain Candy® specifically prohibits “Third-Party Attribution Services” and “Contextual Advertising Analytics” platforms from processing its audio files.

Derivative Works: Text-based transcripts generated via speech-to-text AI constitute unauthorized derivative works under 17 U.S.C. § 106.
Interception of Communication: Under the California Invasion of Privacy Act (CIPA) and the Maryland Online Data Privacy Act (MODPA)—the latter of which begins full enforcement on April 1, 2026—the unauthorized automated “listening” or “transcription” of this audio for commercial profiling is classified as an unlawful interception of a private communication.

5. Biometric and “Neural Data” Protections

As of 2026, the unique vocal characteristics, cadence, and “voiceprint” of the Brain Candy® hosts are protected as Biometric Data.

Entities are prohibited from extracting “voiceprints” or “neural patterns” from our audio to build synthetic voice models or to track host presence across the digital ecosystem.
The sale of any data derived from the host’s voice is a direct violation of MODPA sensitive data protections.

6. Mandatory Licensing & Liquidated Damages

This section serves as a formal public offer. Any commercial entity that chooses to bypass the technical or legal restrictions of this feed (including the removal of ID3 metadata or the ignoring of RSS header tags) effectively accepts a Mandatory Commercial License under the following terms:

Licensing Fee: $5,000 USD per episode, per instance of unauthorized processing (transcription, attribution tracking, or AI training).
Audit Rights: Wave Podcast Network reserves the right to audit the “Training Data Summaries” and “Traceability Logs” of any AI developer suspected of using our content.
Revocation of Implied License: This notice explicitly revokes any “implied license” traditionally associated with the open distribution of RSS content for the purposes of third-party analytics.

7. Technical Protection Measures (TPM)

Any attempt to circumvent Technical Protection Measures—including but not limited to User-Agent blocking, IP blacklisting, or ID3 metadata flags—constitutes a violation of the Digital Millennium Copyright Act (DMCA).

8. Contact for Licensing

For legitimate commercial licensing inquiries, advertising partnerships, or authorized transcription requests, please contact: Legal Affairs @ Brain Candy® Email: owner@wavepodcastnetwork.com

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Limitation of Liability

Items You Purchase: You understand that The Brain Candy Podcast does not manufacture, store, or inspect any of the items sold through our Services. We simply provide the merchandise options; the items in our store are produced, and sold directly by third party sellers, so The Brain Candy Podcast or its affiliates cannot and does not make any warranties about their quality, safety, or even their legality. Any legal claim related to an item you purchase must be brought directly against the third party seller of the item. You release The Brain Candy Podcast and all affiliates from any claims related to items sold through our Services, including for defective items, misrepresentations, or items that caused physical injury (like product liability claims). Any quality, delivery, or product return issues may be handled through the third party vendor.

Returns Or Exchanges

Our shop merchandise is printed, produced, and shipped by a third party company, so unfortunately we are not able to offer returns or complete exchanges for orders made by mistake. We are though able to offer help and assistance if you received an item that is either damaged or defective in some way. Please contact us within 10 days of receipt of your purchase with all purchase details.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by The Brain Candy Podcast.

The Brain Candy Podcast has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that The Brain Candy Podcast shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

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

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Governing Law

These Terms shall be governed and construed in accordance with the laws of United States without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. 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. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.