TERMS OF USE

Last Updated: August 7, 2026

Welcome to Dear Archy.

These Terms of Use ("Terms") govern your access to and use of the Dear Archy website, podcast, subscriber content, merchandise, digital products, newsletters, social media communities, and all related products and services (collectively, the "Services"). By accessing or using any of the Services, you agree to be legally bound by these Terms. If you do not agree to these Terms, you may not access or use the Services.

These Terms constitute a legally binding agreement between you and Dear Archy ("Dear Archy," "Company," "we," "our," or "us").

 

 

1. ELIGIBILITY

You must be at least eighteen (18) years old, or the age of majority in your jurisdiction, whichever is greater, to purchase products, subscribe to paid content, or create an account through any Service we make available.

If you are under eighteen (18), you may access publicly available content only with the knowledge and supervision of a parent or legal guardian.

By using the Services, you represent and warrant that you satisfy these eligibility requirements.

 

 

2. OUR SERVICES

The Services include, without limitation:

  • the Dear Archy website;

  • audio and video podcast episodes;

  • newsletters;

  • free and paid subscriber content;

  • merchandise;

  • digital downloads and digital products;

  • online stores;

  • user accounts where offered;

  • social media pages, channels, and online communities administered by Dear Archy;

  • email communications;

  • promotions;

  • and any other products, content, experiences, or services offered by Dear Archy now or in the future.

Certain Services may be subject to additional terms presented at the time they are offered. If additional terms conflict with these Terms, the additional terms will control solely with respect to that specific Service.

 

 

3. MODIFICATIONS

We may modify these Terms at any time.

When material changes are made, we will update the "Last Updated" date at the beginning of these Terms. Your continued use of the Services after revised Terms become effective constitutes your acceptance of the revised Terms.

 

 

4. ACCOUNTS

Certain Services may permit you to create an account.

If you create an account, you agree to:

  • provide accurate information;

  • maintain current information;

  • maintain the confidentiality of your login credentials;

  • immediately notify us of any unauthorized use of your account; and

  • accept responsibility for all activity occurring under your account.

You may not:

  • impersonate another individual;

  • create an account using false information;

  • allow another person to access your account; or

  • attempt to gain unauthorized access to another person's account.

We reserve the right to suspend or terminate any account at any time for violation of these Terms or applicable law.

 

 

5. SUBSCRIPTIONS, PURCHASES AND PAYMENTS

Certain Services may require payment, including paid subscriber content, merchandise, digital products, or future offerings.

Payments may be processed by one or more independent third-party payment processors selected by Dear Archy.

By purchasing any paid Service, you authorize the applicable payment processor to charge your selected payment method for all applicable charges, taxes, shipping costs, recurring subscription fees, and other authorized amounts.

Recurring subscriptions will continue until cancelled in accordance with the terms presented at the time of purchase.

Pricing may change from time to time. Any pricing changes affecting recurring subscriptions will apply only after advance notice as required by applicable law.

Except where required by law or expressly stated otherwise, all purchases are final and non-refundable.

We reserve the right to refuse or cancel any order or subscription at our sole discretion.

 

 

6. SUBMISSIONS TO DEAR ARCHY

A "Submission" means any content voluntarily sent, delivered, posted, uploaded, published, communicated, or otherwise provided to Dear Archy, whether publicly or privately, through or in connection with any of the Services.

Submissions may be transmitted through any means, including, without limitation:

  • website forms;

  • email;

  • direct messages;

  • social media messaging platforms;

  • podcast submission forms;

  • newsletters;

  • comments;

  • posts;

  • replies;

  • reactions;

  • voice messages;

  • audio recordings;

  • video recordings;

  • photographs;

  • letters;

  • text messages;

  • messaging applications;

  • file uploads;

  • online communities;

  • social media pages;

  • livestream chats;

  • product reviews;

  • or any other method through which content is provided to Dear Archy or through the Services.

Submissions include, without limitation:

  • listener questions;

  • advice requests;

  • stories;

  • confessions;

  • opinions;

  • suggestions;

  • ideas;

  • comments;

  • posts;

  • replies;

  • reactions;

  • recordings;

  • testimonials;

  • photographs;

  • artwork;

  • videos;

  • names;

  • likenesses;

  • voices;

  • usernames;

  • screen names;

  • and any accompanying materials.

By voluntarily providing a Submission, you represent and warrant that:

(a) you own or control all rights necessary to provide the Submission;

(b) your Submission does not violate any law or infringe the rights of any third party;

(c) any individuals appearing in the Submission have provided all permissions necessary for its intended use; and

(d) you have full authority to grant the rights described in these Terms.

You retain ownership of your Submission.

However, by voluntarily providing a Submission to or through any Dear Archy Service, you grant Dear Archy a worldwide, perpetual, irrevocable, royalty-free, fully paid-up, transferable, sublicensable, non-exclusive license to review, edit, excerpt, anonymize, identify, reproduce, modify, adapt, translate, publish, display, perform, distribute, broadcast, stream, create derivative works from, advertise, promote, archive, compile, commercialize, license, and otherwise exploit the Submission, in whole or in part, in any media now known or later developed, for any lawful business purpose.

This includes, without limitation, use in connection with:

  • podcast episodes;

  • video episodes;

  • newsletters;

  • websites;

  • books;

  • social media;

  • livestreams;

  • merchandise;

  • subscriber content;

  • digital products;

  • advertising;

  • marketing;

  • compilations;

  • educational materials;

  • future Dear Archy projects;

  • and all other Services.

Dear Archy has no obligation to publish, respond to, compensate you for, or return any Submission.

Dear Archy may edit, shorten, combine, fictionalize, dramatize, translate, or otherwise modify any Submission for editorial, legal, production, comedic, creative, or commercial purposes.

Unless expressly agreed otherwise in writing, all Submissions are deemed non-confidential.

Submitting content does not create any fiduciary, agency, employment, partnership, joint venture, or other special relationship between you and Dear Archy.

 

 

7. COMMUNITY PARTICIPATION

Certain Services may allow users to participate in discussions, communities, reviews, comments, chats, social media pages, forums, livestreams, subscriber areas, or other interactive features.

All content posted, uploaded, or otherwise communicated by users through any Dear Archy Service constitutes a Submission under Section 6 and is subject to the license and rights granted therein.

Dear Archy reserves the right, but not the obligation, to review, moderate, edit, remove, restrict, refuse, or retain any Submission at any time and for any reason, including content that Dear Archy determines, in its sole discretion, violates these Terms, applicable law, or the purpose of the Services.

 

 

8. COMMUNITY STANDARDS

When participating in any Dear Archy Service, including social media pages, online communities, comments, subscriber areas, or other interactive features, you agree not to:

  • violate any law;

  • impersonate another person;

  • harass, threaten, intimidate, or abuse another individual;

  • encourage violence or criminal conduct;

  • post defamatory or knowingly false information;

  • upload malicious software or code;

  • interfere with operation of the Services;

  • spam users;

  • promote scams;

  • infringe intellectual property rights;

  • collect personal information about other users without permission;

  • publish another person's confidential information;

  • use automated systems to scrape or harvest content;

  • attempt unauthorized access to any Service;

  • interfere with security features;

  • promote unlawful products or services; or

  • otherwise use the Services in a manner that Dear Archy reasonably considers harmful, abusive, deceptive, or disruptive.

We reserve the right—but not the obligation—to remove content, restrict participation, suspend accounts, or terminate access at any time and for any reason.

 

 

9. INTELLECTUAL PROPERTY

Unless otherwise indicated, all content made available through the Services is owned by Dear Archy or its licensors and is protected by United States and international intellectual property laws.

This includes, without limitation:

  • podcast episodes;

  • video episodes;

  • episode titles;

  • show formats;

  • scripts;

  • written content;

  • newsletters;

  • blog posts;

  • transcripts;

  • articles;

  • graphics;

  • illustrations;

  • logos;

  • trademarks;

  • service marks;

  • trade dress;

  • photographs;

  • artwork;

  • music owned or licensed by Dear Archy;

  • merchandise designs;

  • product designs;

  • digital downloads;

  • compilations;

  • software;

  • website design;

  • source code;

  • branding;

  • advertising materials; and

  • all other proprietary content made available through the Services.

No ownership rights are transferred by your use of the Services.

Except as expressly permitted by law or by written permission from Dear Archy, you may not:

  • reproduce;

  • republish;

  • distribute;

  • publicly perform;

  • publicly display;

  • modify;

  • create derivative works from;

  • sell;

  • license;

  • exploit; or

  • commercially use

any portion of the Services.

 

 

10. TRADEMARKS

Dear Archy, together with all associated names, logos, slogans, graphics, branding elements, and other identifiers used in connection with the Services, are trademarks, service marks, or common law marks owned by Dear Archy or used under license.

Nothing contained in the Services grants any license or right to use any trademark without prior written permission.

 

 

11. COPYRIGHT POLICY

Dear Archy respects the intellectual property rights of others and expects users to do the same.

If you believe material available through the Services infringes your copyright, please submit a written notice containing:

  • identification of the copyrighted work;

  • identification of the allegedly infringing material;

  • sufficient information for us to locate the material;

  • your contact information;

  • a statement that you have a good-faith belief the use is unauthorized;

  • a statement, under penalty of perjury, that your notice is accurate; and

  • your physical or electronic signature.

Copyright notices should be sent to:

Dear Archy
26500 Agoura Road, Ste. 102-428
Calabasas, CA 91302

Email: deararchy@gmail.com

Dear Archy reserves the right to remove allegedly infringing material and terminate repeat infringers where appropriate.

 

 

12. THIRD-PARTY SERVICES

The Services may contain links to or integrate with third-party websites, platforms, marketplaces, payment processors, podcast distributors, social media services, advertising providers, analytics providers, and other third-party services.

Your use of any third-party service is governed solely by that provider's own terms and privacy policies.

Dear Archy is not responsible for the content, availability, security, or practices of any third-party service and makes no representation or warranty regarding any third-party products or services.

 

 

13. NO PROFESSIONAL ADVICE

The Services are provided solely for entertainment, commentary, educational, and informational purposes.

Although discussions may involve relationships, careers, business, finances, health, law, or other personal matters, nothing contained in the Services constitutes legal, medical, psychological, psychiatric, therapeutic, financial, tax, investment, or other professional advice.

You are solely responsible for your own decisions and actions.

Any reliance you place on the Services is entirely at your own risk.

14. DISCLAIMER OF WARRANTIES

THE SERVICES ARE PROVIDED ON AN "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS" BASIS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DEAR ARCHY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION:

  • MERCHANTABILITY;

  • FITNESS FOR A PARTICULAR PURPOSE;

  • TITLE;

  • NON-INFRINGEMENT;

  • ACCURACY;

  • COMPLETENESS;

  • RELIABILITY;

  • AVAILABILITY; AND

  • UNINTERRUPTED OR ERROR-FREE OPERATION.

Dear Archy does not warrant that:

  • the Services will always be available;

  • the Services will be secure;

  • the Services will be free from viruses or harmful components;

  • errors will be corrected;

  • content will always remain available;

  • any listener submission will be reviewed or published; or

  • use of the Services will produce any particular outcome.

You assume all risk arising from your use of the Services.

 

 

15. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DEAR ARCHY, ITS OWNERS, AFFILIATES, LICENSORS, CONTRACTORS, EMPLOYEES, AGENTS, SUCCESSORS, AND ASSIGNS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.

THIS LIMITATION APPLIES REGARDLESS OF THE LEGAL THEORY ASSERTED, INCLUDING CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE.

WITHOUT LIMITING THE FOREGOING, DEAR ARCHY SHALL NOT BE LIABLE FOR:

  • lost profits;

  • lost business opportunities;

  • lost revenue;

  • lost goodwill;

  • loss of data;

  • business interruption;

  • emotional distress;

  • reputational harm;

  • decisions or actions taken in reliance on the Services;

  • or any indirect or consequential damages arising from use of the Services.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF DEAR ARCHY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICES SHALL NOT EXCEED THE GREATER OF:

(a) ONE HUNDRED U.S. DOLLARS ($100.00); OR

(b) THE AMOUNT YOU PAID TO DEAR ARCHY DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Some jurisdictions do not allow certain limitations of liability. In those jurisdictions, liability shall be limited to the fullest extent permitted by law.

 

 

16. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Dear Archy and its owners, affiliates, contractors, employees, agents, licensors, successors, and assigns from and against any and all claims, demands, actions, liabilities, damages, judgments, settlements, losses, costs, and expenses, including reasonable attorneys' fees, arising out of or relating to:

  • your use of the Services;

  • your violation of these Terms;

  • your Submissions;

  • your violation of any law;

  • your infringement of another person's rights; or

  • any activity conducted through your account.

Dear Archy reserves the right to assume the exclusive defense of any matter otherwise subject to indemnification at your expense.

 

 

17. TERMINATION

Dear Archy may suspend, restrict, or terminate your access to any portion of the Services at any time, with or without notice, and for any reason, including violation of these Terms or applicable law.

Termination may include removal of:

  • accounts;

  • comments;

  • Submissions;

  • User Content;

  • subscriber access; and

  • any other material associated with your use of the Services.

Termination does not affect any rights or obligations that accrued prior to termination.

The following provisions survive termination:

  • intellectual property;

  • licenses granted by you;

  • disclaimers;

  • limitation of liability;

  • indemnification;

  • arbitration;

  • governing law;

  • and any provision that by its nature should survive termination.

 

 

18. ELECTRONIC COMMUNICATIONS

By communicating with Dear Archy electronically, including through email, website forms, direct messages, subscriber platforms, or other electronic means, you consent to receive communications electronically.

You agree that electronic agreements, notices, disclosures, and communications satisfy any legal requirement that such communications be in writing.

 

 

19. FORCE MAJEURE

Dear Archy shall not be liable for any delay or failure to perform resulting from causes beyond its reasonable control, including but not limited to:

  • acts of God;

  • natural disasters;

  • pandemics;

  • war;

  • terrorism;

  • labor disputes;

  • government actions;

  • internet outages;

  • cyberattacks;

  • power failures;

  • failures of third-party service providers;

  • supply chain disruptions; or

  • other events beyond our reasonable control.

 

 

20. GOVERNING LAW

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles.

 

 

21. ARBITRATION

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

Except where prohibited by law, any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved exclusively through binding arbitration administered by JAMS under its then-current Streamlined Arbitration Rules and Procedures.

The arbitration shall take place in Los Angeles County, California.

The arbitration shall be conducted before a single arbitrator experienced in commercial disputes.

Judgment on the arbitration award may be entered in any court having jurisdiction.

Nothing in this section prevents Dear Archy from seeking temporary, preliminary, or permanent injunctive relief in any court of competent jurisdiction to protect its intellectual property or other proprietary rights.

To the fullest extent permitted by law, you and Dear Archy each waive any right to a trial by jury.

To the fullest extent permitted by law, arbitration shall be conducted solely on an individual basis.

Class actions, class arbitrations, representative actions, consolidated proceedings, and private attorney general actions are expressly waived.

 

 

22. SEVERABILITY

If any provision of these Terms is determined to be invalid, illegal, or unenforceable, that provision shall be enforced to the maximum extent permitted by law, and the remaining provisions shall remain in full force and effect.

 

 

23. WAIVER

Failure by Dear Archy to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.

Any waiver must be in writing and signed by an authorized representative of Dear Archy.

 

 

24. ASSIGNMENT

You may not assign or transfer your rights or obligations under these Terms without the prior written consent of Dear Archy.

Dear Archy may assign these Terms at any time in connection with a merger, acquisition, sale of assets, reorganization, or by operation of law.

 

 

25. ENTIRE AGREEMENT

These Terms, together with our Privacy Policy and any additional terms expressly incorporated by reference, constitute the entire agreement between you and Dear Archy regarding the Services and supersede all prior or contemporaneous understandings, communications, negotiations, and agreements relating to the subject matter.

 

 

26. CONTACT INFORMATION

Questions regarding these Terms may be directed to:

Dear Archy

26500 Agoura Road, Ste. 102-428

Calabasas, California 91302

Email: deararchy@gmail.com