Podbean Terms of Service
BY USING AND/OR VISITING THIS WEBSITE (collectively, including all Content available through the Podbean.com domain name, the "Podbean Website", or "Website"), YOU SIGNIFY YOUR ASSENT TO THESE TERMS AND CONDITIONS (the "Terms of Service") AND THE TERMS AND CONDITIONS OF PODBEAN'S PRIVACY NOTICE. If you do not agree to any of these terms, then please do not use the Podbean Website.
You must be 13 years and older to use this site.
Podbean is not for pornography.
If this describes your audios, videos, photos even if they are content of yourself, don't post them on Podbean.com.
Respect copyright. Only upload media contents(audios, videos, photos etc) that you made or that you have obtained the rights to use.
You represent and warrant that: (i) you own the Content posted by you on the Podbean Websites or otherwise have the right to grant the
license, and (ii) your posted Content does not violate the privacy rights, publicity rights, copyright rights,
or other intellectual property rights of any third party entity. You agree to pay for all royalties and fees owing any person by reason
of any Content you post on the Podbean Websites.
Podbean service makes it possible to post audios, videos, photos hosted on Podbean.com to outside websites.
This use is accepted. However, pages on other websites which embed audios, videos, photos that hosted on podbean.com
must provide a link back to Podbean.com from each embeded content to its Post page on Podbean.com. We encourage you to use our
Free Account is intended for personal use ONLY. Professional or corporate users please
use one of our Paid services.
Please take these rules seriously and take them to heart.
If you have an account terminated you are prohibited from ever signing up for another account!
As used herein, the term "Service" means any service provided by Podbean via the Site,
including, but not limited to, the provision by Podbean to you of specified connectivity,
storage space and bandwidth for the hosting of a your text, audio or video blog site by Podbean.
You also understand and agree that the Service may include advertisements and
that these advertisements are necessary for Podbean to provide the Service.
You also understand and agree that the service may include certain communications from Podbean,
such as service announcements, administrative messages and the Podbean Newsletter,
and that these communications are considered part of Podbean membership
and you will not be able to opt out of receiving them.
Unless explicitly stated otherwise, any new features that augment or enhance
the current Service, including the release of new Podbean properties,
shall be subject to the term of service.
You agree not to access the Service by any means other than through the interfaces that
are provided by Podbean for use in accessing the Service.
said use shall be meant to include, but not be limited to, your use of any Service
offered by Podbean via the Site.
You will not copy or distribute any part of the Website in any medium without Podbean's prior written authorization.
You will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose.
Podbean Free Podcast Hosting Service:
Podbean hereby grants you permission to use the Podbean Free Podcast Hosting service as set forth in this Terms of Service, provided that:
(i) one user can only own one Podbean Free Account;
(ii) your use of the Website as permitted is solely for your personal, noncommercial use;
(iii)Podbean will not edit or alter your work. However, you agree to allow the Podbean or its agents to insert additional text, audio, video and other format multimedia advertisements to your file(s).
(iv) you will otherwise comply with the terms and conditions of these Terms of Service.
Podbean Hosting Service Account
In order to use the Podbean Podcast hosting Service, you must subscribe to one of Podbean hosting services, get a valid podbean account ID and be a Account Holder.
To be an Account Holder with your own Podcast Site, you must provide Podbean with name, email and other information ("Registration Data").
When creating your account, you must provide accurate and complete information. You may never use another's account without permission. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Podbean immediately of any breach of security or unauthorized use of your account. Although Podbean will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Podbean or others due to such unauthorized use.
Podbean Hosting Service Account Payment Terms
When subscribe to Non-Free Podbean services(such as Advanced, Pro and Premium account holders),
Account Holders must make payment through PayPal service as part of the Registration procedure.
All currency references are in U.S. dollars. Please note, payment for the Podbean Hosting Service is billed on a monthly or annually basis via Paypal
(as selected by the Account Holder) and is non-refundable.
Podbean gives 30 days money back guarantee only to new sign up annual subscription plan (upgrade from free account is not included). After 30 days of subscription,
unless Podbean gives notice to the contrary, payment for the Service is billed on annually basis via Paypal
and is non-refundable. Refund money will be issued in 30-60 days after account cancellation.
- Cancelation and Termination
If you cancel the Service before the end of the term, your cancellation will take effect immediately.
After cancellation, you will no longer have access to your website and all information contained therein may be deleted by Podbean.
Podbean accepts no liability for such deleted information or content. If your paypal payment is invalid for any reason, the Service may be cancelled and all the information contained within deleted permanently. Podbean accepts no liability for information that is deleted due to an invalid paypal payment.
You agree Podbean, in its sole discretion, may terminate your password, and/or account, and remove and discard any Content within the Service (including, but not limited to your Podcast Site if you are an Account Holder), for any reason, including and without limitation, the lack of use, or if Podbean believes that you have violated or acted inconsistently with the letter or spirit of the term of service.
Any contracts, verbal or written or assumed, in conjunction with your deleted Podcast Site (as applicable) and all its parts, at Podbean's discretion, will be terminated as well. Podbean may also in its sole discretion and at any time, discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this term of service may be effected without prior notice, and acknowledge and agree that Podbean may immediately deactivate or delete your Podcast Site, as applicable, and all related information and files. Podbean reserves the right to bar any further access to such files or the Service. You agree that Podbean shall not be liable to you or any third-party for any termination of your access to the Service. Paid accounts that are terminated will not be refunded.
Podbean's obligations, if any, with regard to its products and Service are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.
Podbean may make changes to any products or Service offered on the Site, or to the applicable prices for any such products or Service, at any time, without notice. The materials on the Site with respect to products and Service may be out of date, and Podbean makes no commitment to update the materials on the Site with respect to such products and Service.
Podbean e-Commerce Service Terms
- Fees and Services
We do charge fees for using our e-Commerce services -- Paid Suscription and eStore service.
When you activate Paid Subscription or eStore service, you have an opportunity to review and accept the fees that
you will be charged based on our Fees schedule,
which we may change from time to time. All fees are not refundable.
We may choose to temporarily change the fees for our services for promotional events or new services.
Unless otherwise stated, all fees are quoted in U.S. Dollars.
You are responsible for paying all fees and applicable taxes associated with the Sites in a timely manner with a valid payment method.
If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms.
(This includes charging other payment methods on file with us, retaining collection agencies and legal counsel.)
- Content License
When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free,
sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights
(but no other rights) you have in the content, in any media known now or in the future. (We need these rights to host and display your content.)
You will not hold Podbean responsible for other users' actions or inactions,
including things they post. You acknowledge that we are not a traditional online retailer. Instead, the Sites are a venue to allow anyone
to offer, sell, and buy just about anything, at anytime, from anywhere, in a variety of pricing formats and venues,
such as stores, fixed price formats, paid subscription formats and auction-style formats.
We are not involved in the actual transaction between buyers and sellers. We have no control over and do not guarantee the quality,
safety or legality of items advertised, the truth or accuracy of listings, the ability of sellers to sell items,
the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction.
We do not transfer legal ownership of items from the seller to the buyer. Unless the buyer and the seller agree otherwise,
the buyer will become the item's lawful owner upon physical receipt of the item from the seller.
Further, we cannot guarantee continuous or secure access to our services, and operation of the Sites may be interfered
with by numerous factors outside of our control. Accordingly, to the extent legally permitted,
we exclude all implied warranties, terms and conditions.
We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential
damages arising out of your use of our Sites. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages,
so such disclaimers and exclusions may not apply to you.
Regardless of the previous paragraph, if we are found to be liable, our liability to you or to any third party is limited to the
greater of (a) the total fees you paid to us in the 12 months prior to the action giving rise to the liability, and (b) $100.
If you have a dispute with one or more users, you release us (and our 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.
Intellectual Property Rights ( What's Yours is Yours)
By agreeing to place your material on our site, you recognize that it may also appear on search engines, in an open media registry, and on our partners' sites,
including the Internet Archive, a Web repository primarily for researchers, historians and scholars.
You hereby grant to Podbean a non-exclusive, royalty-free, worldwide right and license for so long as you use
the Site to do the following to the extent necessary in the performance of Services under this Agreement:
digitize, convert, install, upload, select, order, arrange, compile, combine, synchronize, use, reproduce, store, process, retrieve,
transmit, distribute, publish, publicly display, publicly perform and hyperlink Your Content;
and make archival or back-up copies of Your Content.
Except for the rights expressly granted above, Podbean is not acquiring any right, title or interest in or to Your Content,
all of which shall remain solely with you.
Copyright Infringement; Claims Thereof
Podbean respects the intellectual property rights of others, and we ask our users to do the same. As such, you are expressly forbidden from using in any unauthorized use of copyrighted material or music covered under the umbrella of the Recording Industry Association of American (��RIAA��) or similar authority in Your Content, including, but not limited to, any broadcast of yours syndicated by podbean via the Site.
You affirm that you own the rights to the material you are placing on the Podbean site, have obtained the proper clearances to do so, or have the right to share it under well-accepted fair use standards.
You agree that the material you are publishing on Podbean does not violate copyright, trademark or patent laws, is not pornographic, plagiaristic or defamatory, is not spam, and does not violate anyone's privacy rights. We reserve the right to remove material that we determine in our sole discretion violates these Site Rules. We also reserve the right to terminate the membership of anyone who violates these rules.
If you believe your work has been copied in a way that constitutes infringement on the Site or via the Service offered through the Site, please provide the following information to podbean at firstname.lastname@example.org:
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. a description of the copyrighted work that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the site;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Once podbean receives your notice, it will thoroughly investigate the matter and respond to you with its results, in no event later than 30 days after receipt of your notice.
You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Website in a manner that sends more request messages to the Podbean servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser. Notwithstanding the foregoing, Podbean 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. Podbean 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 Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.
Podbean Advertising Program Advertiser Service Terms
See Podbean Advertising Program Advertiser Service Terms
Podbean Advertising Program Publisher Terms and Conditions
Podbean Advertising Program Publisher Terms and Conditions
Podbean Mobile App Terms of Service
Podbean Mobile App Terms of Service
YOU AGREE THAT YOUR USE OF THE PODBEAN WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, PODBEAN, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. PODBEAN MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PODBEAN WEBSITE. PODBEAN DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PODBEAN WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND PODBEAN WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Limitation of Liability
IN NO EVENT SHALL PODBEAN, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PODBEAN WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ORNOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT PODBEAN SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
Podbean Photo Policy
Uploaded images are subject to our Photo Policy, the terms of which are incorporated into this Term of Services by reference.
GOVERNING LAW; DISPUTE RESOLUTION
You agree that all matters relating to your access to or use of the Site or any of its Content, including all disputes,
will be governed by the laws of the United States and by the laws of the State of Delaware without regard to its conflicts of laws provisions.
No recovery may be sought or received for damages other than out-of-pocket expenses, except that the
prevailing party will be entitled to costs and attorney's fees.
In the event of any controversy or dispute between Podbean and you arising out of or in connection with your use of
the Site of any of its Content, the parties shall attempt, promptly and in good faith, to resolve any such dispute.
If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days),
then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation,
then the parties shall be free to pursue any right or remedy available to them under applicable law.
The information contained in this web site is subject to change without notice.
Podbean LLC, 501 Silverside Rd, Suite 105, Wilmington, DE 19809