Terms of Service
Hello! Welcome to Podyssey’s Terms of Service. Please read this carefully before using our site, apps, SDKs, services, or products. This is a contract between you and Podyssey. Please feel free to contact us if you have any questions or suggestions!
Accepting the Terms of Service
Please read these Terms of Service (the “Agreement”) carefully before using Podyssey.fm (the “Site”) and/or the other domains, websites, products, applications, mobile applications, services, and/or Content provided by Podyssey (all of those collectively with the Site, the “Services”). Podyssey is a product owned by Podyssey Podcasts Inc. (Podyssey Podcasts Inc., is a British Columbia corporation, collectively with its agents, representatives, consultants, employees, officers, and directors, “Podyssey,” “we,” or “us”). By using or accessing the Services, you (“Subscriber” or “you”) agree to be bound by all the terms and conditions of this Agreement. If you don’t agree to all the terms and conditions of this Agreement, you shouldn’t, and aren’t permitted to, use the Services.
Modifications to this Agreement
Podyssey reserves the right to modify this Agreement by (1) posting a revised Agreement on and/or through the Services and (2) providing notice to you that this Agreement has changed, generally via email where practicable, and otherwise through the Services (such as through a notification on your Dashboard). Modifications will not apply retroactively. You are responsible for reviewing and becoming familiar with any modifications to this Agreement.
We may sometimes ask you to review and to explicitly agree to (or reject) a revised version of this Agreement. In such cases, modifications will be effective at the time of your agreement to the modified version of this Agreement. If you do not agree at that time, you are not permitted to use the Services.
In cases where we do not ask for your explicit agreement to a modified version of this Agreement, but otherwise provide notice as set forth above, the modified version of this Agreement will become effective fourteen days after we have posted the modified Agreement and provided you notification of the modifications. Your use of the Services following that period constitutes your acceptance of the terms and conditions of this Agreement as modified. If you do not agree to the modifications, you are not permitted to use, and should discontinue your use of, the Services.
Note that, if you have prepaid for any Paid Services (as defined below) prior to a modification of this Agreement, your use of such prepaid Paid Services is governed by the version of this Agreement in effect at the time Podyssey received your prepayment.
Use of the Services
You may only use the Services if you can form a binding contract with Podyssey and are not legally prohibited from using the Services.
Service Changes and Limitations
The Services change frequently, and their form and functionality may change without prior notice to you. Podyssey retains the right to create limits on and related to use of the Services in its sole discretion at any time with or without notice. Podyssey may also impose limits on certain Services or aspects of those Services or restrict your access to parts or all of the Services without notice or liability. Podyssey may change, suspend, or discontinue any or all of the Services at any time, including the availability of any product, feature, database, or Content (as defined below). Podyssey may also terminate or suspend Accounts (as defined below) at any time, in its sole discretion.
Limitations on Automated Use:
You may not, without express prior written permission, do any of the following while accessing or using the Services: (a) tamper with, or use non-public areas of the Services, or the computer or delivery systems of Podyssey and/or its service providers; (b) probe, scan, or test any system or network (particularly for vulnerabilities), or otherwise attempt to breach or circumvent any security or authentication measures; © 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 Podyssey (and only pursuant to those terms and conditions) or unless permitted by Podyssey’s robots.txt file or other robot exclusion mechanisms; (d) scrape the Services, and particularly scrape Content (as defined below) from the Services; (e) use the Services to send altered, deceptive, or false source-identifying information, including without limitation by forging TCP-IP packet headers or email headers; or (f) interfere with, or disrupt, (or attempt to do so), the access of any Subscriber, host or network, including, without limitation, by sending a virus to, spamming, or overloading the Services, or by scripted use of the Services in such a manner as to interfere with or create an undue burden on the Services.
Registration, Podyssey URLs, and Security
As a condition to using certain of the Services, you may be required to create an account (an “Account”) and select a password and Podyssey username. You agree to provide Podyssey with accurate, complete, and updated registration information, particularly your email address.
You are also responsible for maintaining the confidentiality of your Account password and for the security of your Account, and you will notify Podyssey immediately of any actual or suspected loss, theft, or unauthorized use of your Account or Account password.
Content and Subscriber Content
Definitions: For purposes of this Agreement: (1) the term “Content” means a creative expression and includes, without limitation, video, audio, photographs, images, illustrations, animations, logos,data, text, software, scripts, executable files, graphics, and interactive features, any of which may be generated, provided, or otherwise made accessible on or through the Services; (2) the term “Subscriber Content” means Content that a Subscriber submits, transfers, or otherwise provides to the Services. Content includes, without limitation, all Subscriber Content.
Your Rights in Subscriber Content:
Subscribers retain ownership and/or other applicable rights in Subscriber Content, and Podyssey and/or third parties retain ownership and/or other applicable rights in all Content other than Subscriber Content.
Subscriber Content License to Podyssey:
When you provide Subscriber Content to Podyssey through the Services, you grant Podyssey a non-exclusive, worldwide, license to host, store, cache, publish, display (publicly or otherwise), perform (publicly or otherwise), distribute, transmit, modify, adapt (including, without limitation, in order to conform it to the requirements of any networks, devices, services, or media through which the Services are available). The rights you grant in this license are for the limited purposes of allowing Podyssey to operate the Services in accordance with their functionality, improve the Services, and develop new Services.
You also agree that this license includes the right for Podyssey to make all publicly-posted Content available to third parties selected by Podyssey, so that those third parties can syndicate and/or analyze such Content on other media and services.
Note also that this license to your Subscriber Content continues even if you stop using the Services, primarily because of the social nature of Content shared through Podyssey’s Services.
You also agree that you will respect the intellectual property rights of others, and represent and warrant that you have all of the necessary rights to grant us this license for all Subscriber Content you transfer to us.
Content License to You:
As a Subscriber of the Services, Podyssey grants you a worldwide, revocable, non-exclusive, non-sublicensable, and non-transferable license to download, store, view, display, perform, redistribute, and create derivative works of Content solely in connection with your use of, and in strict accordance with the functionality and restrictions of, the Services (including, without limitation, Paid Services, as defined below).
Termination and Deletion:
On termination of your Account, or upon your deletion of particular pieces of Subscriber Content from the Services, Podyssey shall make reasonable efforts to make such Subscriber Content inaccessible; however, you acknowledge and agree that removed Subscriber Content may persist in caches or backups for a reasonable period of time.
Use of Trademarks
Any use of Podyssey’s trademarks, branding, logos, and other such assets in connection with the Services shall use Podyssey’s approved branding.
Access to services require payment of fees (the “Paid Services”). All fees are stated in United States dollars. You shall pay all applicable fees, as described in the applicable Services, in connection with such Services, and any related taxes or additional charges.
Paid Services are limited licenses for you to use particular for-pay aspects of the Services for a period of time. Usage of terms like sell, sale, buy, purchase, or similar terms all refer to your acquisition of a license to use Paid Services, and do not represent any transfer of any right, title, or ownership interest of any kind. You may not relicense, resell, transfer, or exchange Paid Services within or outside of the Services, except as expressly allowed by the rules of those Paid Services.
Modification or Termination of Paid Services
If payment for the next period is not received via your credit card on file, we may stop access to Services and/or terminate your account. Podyssey will try, to its best efforts to email you to warn you of the impending loss of service.
Podyssey may, in its sole discretion, modify the functionality of, or eliminate, Paid Services, or the terms and conditions under which Paid Services are provided.
Purchases of Paid Services are final and non-refundable, except at Podyssey’s sole discretion and in accordance with the rules governing each Paid Service. Termination of your Account or your rights under this Agreement may result in forfeiture of purchased Paid Services.
Podyssey may change its prices for Paid Services at any time. To the extent applicable, Podyssey will provide you reasonable notice of any such pricing changes by posting the new prices on or through the applicable Paid Service and/or by sending you an email notification. If you do not wish to pay the new prices, you may choose not to purchase, or to cancel, the applicable Paid Service prior to the change going into effect.
Warranty Disclaimer; Services Available on an “AS IS” Basis
Your access to and use of the Services is 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, TO THE FULL EXTENT PERMITTED BY LAW, Podyssey DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Podyssey makes no representations or warranties of any kind with respect to the Services, including any representation or warranty that the use of the Services will (a) be timely, uninterrupted or error-free or operate in combination with any other hardware, software, system, or data, (b) meet your requirements or expectations, or © be free from errors or that defects will be corrected.
Time Limitation on Claims and Releases From Liability
You agree that any claim you may have arising out of or related to this Agreement or your relationship with Podyssey must be filed within one year after such claim arose; otherwise, your claim is permanently barred. You further release, to the fullest extent permitted by law, Podyssey and its employees, agents, consultants, directors, shareholders, any other person or entity that directly or indirectly controls, is under common control with, or is directly or indirectly controlled by, Podyssey (the “Podyssey Affiliates”) from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including but not limited to claims of negligence).
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Podyssey AND THE Podyssey AFFILIATES SHALL NOT BE LIABLE FOR: (A) ANY INDIRECT, INCIDENTAL, EXEMPLARY PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (B) LOSS OF: PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES; © DAMAGES RELATING TO YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SERVICES; (D) DAMAGES RELATING TO ANY CONDUCT OR CONTENT OF ANY THIRD PARTY OR SUBSCRIBER USING THE SERVICES, INCLUDING WITHOUT LIMITATION, DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OR CONTENT; AND/OR (E) DAMAGES IN ANY MANNER RELATING TO ANY CONTENT. THIS LIMITATION APPLIES TO ALL CLAIMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT Podyssey HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND FURTHER WHERE A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF Podyssey AND THE Podyssey AFFILIATES, FOR ANY CLAIM UNDER THIS AGREEMENT, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE GREATER OF ONE HUNDRED DOLLARS (US $100.00) OR THE AMOUNT YOU PAID US TO USE THE APPLICABLE SERVICE(S).
Exclusions to Warranties and Limitation of Liability
Some jurisdictions may not allow the exclusion of certain warranties or the exclusion/limitation of liability as set forth in Section 14, so the limitations above may not apply to you.
Either party may terminate this Agreement at any time by notifying the other party. Podyssey may terminate or suspend your access to or ability to use any and all Services immediately, without prior notice or liability, for any reason or no reason, including but not limited to if you breach any of the terms or conditions of this Agreement. In particular, Podyssey may immediately terminate or suspend Accounts that have been flagged for repeat copyright infringement.
Upon termination of your access to or ability to use a Service, including but not limited to suspension of your Account on a Service, your right to use or access that Service and any Content will immediately cease. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. Termination of your access to and use of the Services shall not relieve you of any obligations arising or accruing prior to such termination or limit any liability that you otherwise may have to Podyssey.
Choice of Law and Venue
You and Podyssey agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or the Services in accordance with this Section or as you and Podyssey otherwise agree in writing. Before resorting to formal dispute resolution, we strongly encourage you to contact us to seek a resolution.
Law and Forum for Legal Disputes:
This Agreement shall be governed in all respects by the laws of the Province of British Columbia as they apply to agreements entered into and to be performed entirely within British Columbia between British Columbian residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Podyssey must be resolved exclusively by a provincial or federal court located in Vancouver, British Columbia, except as otherwise agreed by the parties.
This Agreement, as modified from time to time, constitutes the entire agreement between you and Podyssey with respect to the subject matter hereof. This Agreement replaces all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter hereof and constitutes the entire and exclusive agreement between the parties. The failure of either party to exercise, in any way, any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain enforceable and in full force and effect. This Agreement is not assignable, transferable, or sublicensable by you except with Podyssey’s prior written consent. Podyssey may assign this Agreement in whole or in part at any time without your consent. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Podyssey in any respect whatsoever. Any notice to Podyssey that is required or permitted by this Agreement shall be in writing and shall be deemed effective upon receipt to email email@example.com with the Subject line “Attn: Legal Department”.
DMCA Copyright Policy
Podyssey has adopted the following policy toward copyright infringement on the Services in accordance with the Digital Millennium Copyright Act (the “DMCA”). You may submit any DMCA notice to firstname.lastname@example.org
Reporting Instances of Copyright Infringement
If you believe that Content residing or accessible on or through the Services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent at the address below: - Identification of the work or material being infringed. - Identification of the material that is claimed to be infringing, including the app name with sufficient detail so that Podyssey is capable of finding it and verifying its existence. - Contact information for the notifying party (the “Notifying Party”), including name, address, telephone number, and email address. - A statement that the Notifying Party has a good faith belief that the material is not authorized by the copyright owner, its agent or law. - A statement made under penalty of perjury that the information provided in the notice is accurate and that the Notifying Party is authorized to make the complaint on behalf of the copyright owner. - A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed.
Please also note that the information provided in a notice of copyright infringement may be forwarded to the Subscriber who posted the allegedly infringing content. After removing material pursuant to a valid DMCA notice, Podyssey will immediately notify the Subscriber responsible for the allegedly infringing material that it has removed or disabled access to the material. Podyssey will terminate, under appropriate circumstances, the Accounts of Subscribers who are repeat copyright infringers, and reserves the right, in its sole discretion, to terminate any Subscriber for actual or apparent copyright infringement.
Submitting a DMCA Counter-Notification
If you believe you are the wrongful subject of a DMCA notification, you may file a counter-notification with Podyssey by providing the following information to the Designated Agent at the address below: - The specific URLs of material that Podyssey has removed or to which Podyssey has disabled access. - Your name, address, telephone number, and email address. - A statement that you consent to the jurisdiction of Provincial Court for the judicial district in which your address is located (or the provincial courts located in Vancouver, BC if your address is outside of the Canada), and that you will accept service of process from the person who provided the original DMCA notification or an agent of such person. - The following statement: “I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.” - Your signature.
Upon receipt of a valid counter-notification, Podyssey will forward it to Notifying Party who submitted the original DMCA notification. The original Notifying Party (or the copyright holder he or she represents) will then have ten (10) days to notify us that he or she has filed legal action relating to the allegedly infringing material. If Podyssey does not receive any such notification within ten (10) days, we may restore the material to the Services.