Podchaser Terms of Service
Terms of Service – Effective as of October 1, 2021
These Terms of Service (“Terms”) govern your access to and use of the www.podchaser.com website (the “Website”) and the Podchaser database, mobile applications, platform, portals and Services (collectively, the “Services”). You agree that by visiting the Services or by registering or using the Services, you are entering a legally binding agreement with Podchaser, Inc., (“Podchaser”) based on the Terms and the Privacy Policy, which is hereby incorporated by reference (collectively referred to as the “Agreement”). Your access to and use of the Services are conditioned on your acceptance of and compliance with the Agreement. By accessing or using the Services you agree to be bound by the Agreement.
1. Podchaser as a Platform Provider
Podchaser provides a platform that allows its users to upload content or information related to podcasts (“User Content”). Podchaser does not verify the accuracy or reliability of any User Content and your use of any User Content is at your own risk. Podchaser will not be liable for any damages or losses that occur as a result of your use of the Services or any User Content.
2. User Level Use Restrictions
Website/API Users: Unless you are a Podchaser Pro User, the Services, including without limitation, the API Services, may be used by you only for your personal non-commercial use. Podchaser may impose usage limitations on your access to the API Services. If Podchaser learns that you have been using the Services to: (i) scrub the Podchaser data or content in effort to duplicate the Podchaser Database or otherwise make a copy of the Podchaser Database; (ii) establish a product or service that competes with Podchaser; (iii) make any commercial use of the Services or the Database; or (iv) otherwise violate these Terms, your license to use the Services will immediately terminate and Podchaser will pursue legal action to enjoin your use of the Database and to recover damages. If you wish to use Podchaser API Services for commercial use, you must receive written permission from Podchaser to do so. You agree to disclose accurately and truthfully your intent using the API registration form used to generate API credentials. If at any time after registration a previously non-commercial personal use project becomes commercial use, you must notify Podchaser in writing within a fifteen (15) day period from the decision. For clarity, a project does not need to be actively generating revenue to be considered a commercial use activity and can be considered commercial use prior to public announcement.
Anytime you use data or other content from the Database or via the API Services you are required to indicate that the data was provided by Podchaser as provided below. We are happy to accommodate specific exemptions and you can email [email protected] to request an exception.
Podchaser Pro: Podchaser Pro users may use the API and the Services in accordance with the license granted in any applicable Podchaser Pro Customer Agreement.
Public Search Engines: Notwithstanding the foregoing, Podchaser grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Podchaser reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Services, nor to use the communication systems provided by the Services for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Services.
We reserve the right to modify, terminate, cancel or otherwise amend our offered options, subscription prices and plans at any time at our discretion. We reserve the right to refuse or cancel your access to the API Services, order or our product or service offerings at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or any other reason.
You may not sell, publicize, share, or otherwise distribute your API credentials to a third party unless granted explicit permission by Podchaser.
3. Basic Terms
You are responsible for your use of the Services and for any consequences thereof. You may use the Services only if you can form a binding contract with Podchaser and are not a person barred from accessing the Services under the laws of the United States or other applicable jurisdiction. If you are using the Services on behalf of a business or organization, you are expressly representing that you have the full right and authority to use the Services and to take any actions on or related to the Services. If you are under 13 years of age you may not use or access the Services for any reason. If you are between 13 and 18 years of age, you may only use the Services under the direct guidance and supervision of a parent or guardian whom has accepted the Agreement on your behalf. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
The Services are always evolving and the form and nature of the Services may change from time to time without prior notice to you. In addition, Podchaser may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.
The Services may include advertisements, which may be targeted to the content or information on the Services, queries made through the Services, or other information. The types and extent of advertising on the Services are subject to change. In consideration for Podchaser granting you access to and use of the Services, you agree that Podchaser, third party providers and partners may place such advertising on the Services or in connection with the display of content or information from the Services whether submitted by you or others.
4. Privacy
Any information that you provide to Podchaser is subject to our Privacy Policy, which governs our collection and use of your information. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by Podchaser. As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your Podchaser account, which you may not be able to opt-out from receiving.
If you send or authorize Podchaser to send an invitation to a third-party to join the Services, you are expressly representing that the third-party has requested to join the Services and communication extending the invitation was sent in accordance with applicable law.
5. Passwords
You are responsible for safeguarding the password or credentials that you use to access the Services and for any activities or actions under your account. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account and with other accounts that you may connect to your Podchaser account. Podchaser cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. You agree to notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
Every user of the Services is required to have their own access account—account sharing is strictly prohibited. You are expressly prohibited from allowing any third-party access to the Services via your account.
You may not use as a username the name of another person or entity or a name or trademark that is subject to any rights of another person without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
6. Content on the Services
Please be aware that Podchaser does not verify the accuracy of any information available on the Services. Any use or reliance on any information you obtained through the Services is at your own risk. You understand that by using the Services, you may be exposed to content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will Podchaser be liable in any way for any content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.
By (i) uploading User Content or any other information to the Services to the Services or (ii) using the Services, you grant Podchaser a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, transcribe, create derivative works from, distribute, perform, and display such User Content or other information for any purpose.
By uploading User Content to the Services, you represent and warrant that (i) you own and control all of the rights to the User Content or you otherwise have all necessary rights to upload such content to the Services; (ii) the content is accurate and not misleading or harmful in any manner; and (iii) the content, and your use and posting thereof, does not and will not violate these Terms or any applicable law, rule, or regulation.
You agree not to post any User Content on the Services that:
After termination or cancellation of all or part of Podchaser API Services, you will no longer have access to information. Following a ninety (90) day period from termination or cancellation, all Content associated with the affected API Services must be deleted from your personal or commercial use. Podchaser accepts no liability for information that is deleted for any reason.
7. Copyright Policy
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights ("Infringement") of any person or entity.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to [email protected], with the subject line: "Copyright Infringement" and include in your claim a detailed description of the alleged Infringement as detailed below, under "DMCA Notice and Procedure for Copyright Infringement Claims"
You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Services on your copyright.
DMCA Notice and Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
You can contact our Copyright Agent via email at [email protected] Podchaser receives your notice, it will thoroughly investigate the matter and use commercially reasonable efforts to respond to you with its results within 30 days after receipt of your notice.
8. Podchaser Rights
All right, title, and interest in and to the Services and any content available on the Services, including the Database, are and will remain the exclusive property of Podchaser and its licensors. The Services and its content are protected by copyright, trademark, and other laws of both the United States and foreign countries. Podchaser reserves all rights not expressly granted in these Terms. You acknowledge and agree that any feedback, comments, or suggestions you may provide regarding Podchaser, or the Services are entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
9. Restrictions on Use of The Services
We reserve the right at all times (but will not have an obligation) to suspend and or terminate Users or reclaim usernames without liability to you.
You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, Podchaser’s computer systems, or the technical delivery systems of Podchaser providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Podchaser (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Podchaser (NOTE: scraping the Services without the prior consent of Podchaser is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of content in such a manner as to interfere with or create an undue burden on the Services.; or (vi) exceed your use license as provided in Section 2 above or your applicable Customer Agreement.
Podchaser accounts must not be used to manipulate ratings through brigading and/or inauthentic rating behaviors, as determined by Podchaser. Action will be taken as necessary to prevent and remove such behaviors.
Podchaser reserves the right at all times (but will not have an obligation) to suspend or terminate Services and/or Accounts that we, in our own judgement, determine are excessively using Services in an attempt to extract or export large amounts of proprietary data.
10. Ending These Terms
The Terms will continue to apply until terminated by either you or Podchaser as follows.
You may end your legal agreement with Podchaser at any time for any reason by deactivating your accounts and discontinuing your use of the Services. In order to deactivate your account, please contact us at [email protected]. Please note that deactivating your account may not relieve you of any payment obligations you have pursuant to a subscription or other agreement with Podchaser.
We may suspend or terminate your accounts or cease providing you with all or part of the Services at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms, (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or through the Services the next time you attempt to access your account. If you have an account terminated you may be prohibited from ever signing up for another account!
In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services, except those Sections you would expect to survive termination. Nothing in this section shall affect Podchaser’s rights to change, limit or stop the provision of the Services without prior notice, as provided above.
11. Disclaimers, Limitations of Liability and Indemnity
Please read this section carefully since it limits the liability of Podchaser and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “Podchaser Entities”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.
A. The Services are Available “AS-IS”
Your access to and use of the Services are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, THE PODCHASER ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
The Podchaser Entities make no warranty and disclaim all responsibility and liability for: (i) any actions any Podchaser user, including any User Content; (ii) any injury, harm, property damage, illness or other loss that occurs as a result of uploading, transmitting or otherwise displaying any information or User Content on the Services; (iii) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any information on the Services; (iv) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any content; (v) the deletion of, or the failure to store or to transmit, any content and other communications maintained by the Services; (vi) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis; (vii) any advice or information you receive through the Services; and (iix) any injuries or harm you or a third party incurs as a result of information or advice received through the Services. No advice or information, whether oral or written, obtained from the Podchaser Entities or through the Services, will create any warranty not expressly made herein.
If you have a dispute with one or more users, you release us (and our members, managers, officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. You expressly agree not to name Podchaser as a party in any dispute you have with any third party related to your use of the Services.
B. Links
The Services may contain links to third-party services or resources ("Third-Party Service"). The use of a Third-Party Service may be subject to additional terms and conditions from the provider of such Third-Party Service. Podchaser makes no representation or commitment and shall have no liability or obligation whatsoever in relation to the content or use of, or correspondence with, any such Third-Party Service, or any transactions completed, or any contract entered into by you, with any such Third-Party Service provider. Podchaser recommends that you refer to the Third-Party Service provider's terms and conditions and privacy policy prior to using the relevant Third-Party Service. By using a Third-Party Service available in the Podchaser Services, you agree to be bound by and adhere to any additional terms and conditions applicable to such Third-Party Service including, where applicable, the YouTube Terms of Service (available here).
C. Limitation of Liability
IN NO EVENT SHALL THE PODCHASER ENTITIES, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA), EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH: (A) YOUR INABILITY TO USE THE SERVICES, INCLUDING AS A RESULT OF: (I) YOUR USE OF OR ACCESS TO THE SERVICES, (II) OUR DISCONTINUATION OF ANY OR ALL OF THE SERVICES, OR, (III) ANY UNANTICIPATED OR UNSCHEDULED DOWNTIME OF ALL OR A PORTION OF THE SERVICES FOR ANY REASON, INCLUDING AS A RESULT OF POWER OUTAGES, SYSTEM FAILURES OR OTHER INTERRUPTIONS; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (C) ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY YOU IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE SERVICES; (D) ANY UNAUTHORIZED ACCESS TO, ALTERATION OF, OR THE DELETION, DESTRUCTION, DAMAGE, LOSS OR FAILURE TO STORE ANY OF YOUR CONTENT OR OTHER DATA; (E) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (E) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
IN ANY CASE, THE PODCHASER ENTITIES’ AGGREGATE LIABILITY WILL BE LIMITED TO THE GREATER OF THE AMOUNT YOU ACTUALLY PAY US UNDER THIS AGREEMENT FOR THE SERVICE THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS PRECEDING THE CLAIM, OR $100.
D. Indemnification
To the extent not prohibited by law, you expressly agree to indemnify and hold harmless the Podchaser Entities from and against any and all liabilities, expenses, damages and costs, including, but not limited to, reasonable attorneys’ fees and costs, related to all third party claims, charges and investigations related to (1) your failure to comply with the Terms; (2) your interactions with any other Podchaser User; (3) your User Content and any injury, harm damage or loss that falls to you or a third-party related to your User Content or any information you upload or transmit through the Services; (4) any claim that an invitation sent to a third-party by you or by Podchaser at your request is spam, unsolicited commercial email or otherwise violates applicable law; and (4) any activity in which you engage on or through the Services.
12. GENERAL TERMS. Waiver and Severability
The failure of Podchaser to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
A. Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of the State of Oklahoma without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in the federal or state courts located in Oklahoma County, Oklahoma, United States, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
You agree that you may only bring claims against Podchaser related to your use of the Services on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding.
B. Entire Agreement
These Terms and our Privacy Policy are the entire and exclusive agreement between Podchaser and you regarding the Services (excluding any service for which you have a separate agreement with Podchaser that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between Podchaser and you regarding the Services.
We may revise these Terms from time to time, the most current version will always be at https://www.podchaser.com/terms.html . If the revision, in our sole discretion, is material we will notify you via email to the email associated with your account or through the Services. If you do not wish to be bound by any such revisions to the Terms, you must end these Terms with us as set forth in Section 13 above. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
If you have any questions about these Terms, please contact us.If you have any questions about these Terms, please contact Podchaser directly at [email protected]
Effective: October 1, 2021.