Review the terms and conditions for use of Podcast Studio’s (“Podcast Studio”) services and products. These Terms and Conditions of Service (“Terms of Service”) apply to offerings (“Service”) delivered via the Podcast Studio websites located at "https://podcaststudio.io" and Podcast Studio Mobile Applications, its subsidiaries and affiliates. These Terms of Service are a legally binding Agreement between you and Podcast Studio, governing the use of the Service. By use of the Site and Mobile Applications, you agree bound by the Terms, together with all updates and additional terms. If you do not agree to these Terms or do not have full power and authority to accept Agreement, do not use the Site or Mobile Applications.
I. AGREEMENT TO THE TERMS AND CONDITIONS
BY USING THE APP/ THE SITE, YOU AGREE TO THESE TERMS OF SERVICE; IF YOU DO NOT AGREE, DO NOT USE THE APP NOR THE SITE.
You are required to sign up for an account. With the signup process, you will be asked to agree and to be bound by these Terms of Service. Visitors to the site/app may view or listen to content that does not require an account. Through any use of the site you are agreeing to the Terms of Service. Podcast Studio reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Service, at any time. It is your responsibility to check these Terms of Service time to time for changes. Your continued use of the Site/App following the changes will mean that you accept and agree to the changes.
II. SITE/APP CONTENT
Your Content is all data, audio files & recording, hypertext links to other Web sites and other audio and/or visual information incorporated in, transmitted through or published. All of Your Content is owned exclusively by you. You shall be responsible for Your Content and all obligations and consequences of uploading or publishing Your Content. You agree and warrant that you own and/or have the rights to Your Content and all related Brand materials and Marks. Podcast Studio will not have any liability or responsibility for Your Content. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party and that Podcast Studio is not in any way responsible for any such use by you. Through use of the Site/App and Service, you are indemnifying Podcast Studio against all claims and liability related to Your Content.
III. LICENSE TO PODCAST STUDIO
You hereby grant to Podcast Studio a non-exclusive, royalty-free, worldwide right and license for to do the following under this Agreement: digitize, convert, install, upload, select, compile, combine, synchronize, use, reproduce, store, process, retrieve, transmit, distribute, publish, publicly display,; and make archival or back-up copies of Your Content. Except for the rights expressly granted above, Podcast Studio is not acquiring any right, title or interest in or to Your Content, all of which shall remain solely with you. You further agree to grant Podcast Studio the right of use of Your Content and Brand for distribution, marketing and promotions. Brand includes the name, logo, images, video, trade mark, service mark or other branding devices of Your Content. Except as otherwise agreed to in writing, you have control over the distribution of Your Content through the Service that you use, including but not limited to the Podcast Studio Site/App, iTunes, third-party web sites, devices and platforms. By use of the Service for distribution, you agree that Podcast Studio may make Your Content available and agree to abide to third-party conditions when opting in to a Service that involves a third-party.
IV. PODCAST STUDIO’S SERVICE
As used herein, the term “Service” means any service provided by Podcast Studio via the Site/App, including, but not limited to, connectivity, storage space and bandwidth for the hosting of your Podcast, enhanced features for Your Content, tools for distribution, iPhone apps. Furthermore, whenever these Terms of Service refer to your use of the Site/App said use shall be meant to include, but not be limited to, your use of any Service offered by Podcast Studio via the Site/App.
Additional terms and conditions may apply to purchases of goods or Service and to specific portions or features of the Site, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Service by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such Service or feature. If there is a conflict between these Terms of Service and the terms posted for or applicable to a specific portion of the Site/App or for any Service offered on or through the Site/App, the latter terms shall control with respect to your use of that portion of the Site or the Service. You are responsible for providing Podcast Studio with current accurate contact and payment information for billing purposes and keeping it up to date at all times. Podcast Studio is not responsible for any service interruptions that may result from your contact or payment information being out of date, in error or otherwise invalid. Additionally, you agree to pay for all charges for Service accrued due to invalid or out of date contact or payment information. Unless otherwise agreed to in writing during the Service activation, you agree to pay for Service, and that Podcast Studio will charge your credit card for any products purchased and for any additional amounts (including any taxes) in conjunction with your account. Podcast Studio will charge the credit card you designate during Service activation on a monthly basis for the amount due pursuant to the Service you purchased. Your credit card will be billed and charged automatically as a subscription based billing system, and that Podcast Studio has the right to charge your credit card for the full amount of any outstanding balance you may have with Podcast Studio. If you fail to make a payment or if Podcast Studio is not able to collect payment on the due date, your account will be closed. Podcast Studio may suspend or lock access to your account until payment for all outstanding balance is received. Podcast Studio reserves the right to terminate your account and delete Your Content from the Site at its sole discretion. Podcast Studio 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 Podcast Studio makes no commitment to update the materials on the Site with respect to such products and Service.
It is illegal to copy, reproduce or distribute copyrighted material programs without permission, and violators may be subject to civil and criminal actions and penalties. Copyrighted material includes, but is not limited to, computer programs and accompanying sounds, images and text. So long as you are a user of the Site/App, including but not limited to a user of the Service, you acknowledge that you are bound by and will observe international copyright and intellectual property laws and the provisions of this Agreement specifically related thereto, and you will report incidents of suspected piracy to us at [email protected].
ACCOUNTS, PASSWORDS AND SECURITY
You are entirely responsible for maintaining the confidentiality of your account information, including your password, and any activity that occurs under your account. You agree to notify Podcast Studio immediately of any unauthorized use of your account. However, you may be held liable for losses incurred by Podcast Studio or any other user of or visitor to the Site/App due to someone else using your Podcast Studio user ID, password or account. You may not use anyone else’s Podcast Studio user ID, password or account at any time. Podcast Studio will not be liable for any loss or damage arising from your failure to comply with these obligations. Podcast Studio will not be liable for any loss or damage arising from the use of your account by any user. Your account may be suspended or access to the Site/App blocked by Podcast Studio at any time, in its sole discretion and without prior notice for reasons including but not limited to failure to pay for service, violation of these Terms, compliance with law enforcement requests copyright infringement, or issues pertaining to violation of third party distribution terms and conditions.
COPYRIGHT INFRINGEMENT; CLAIMS THEREOF
Podcast Studio may terminate the accounts of users who violate others' intellectual property rights, and a user so terminated may, at Podcast Studio’s sole discretion, forfeit her enrollment costs for Podcast Studio’s Service. y. If you believe your work has been copied in a way that constitutes infringement on the Site/App or via the Service offered through the Site/App, please provide the following information to Podcast Studio at [email protected]
- 1. an electronic or physical signature of the person of the copyright interest;
- 2. a description of the copyrighted work;
- 3. a description of where the material that you claim is infringing is located on the site/app;
- 4. your address, telephone number, and email address;
Once Podcast Studio receives your notice, it will thoroughly investigate the matter and respond to you with its results, in no event no later than 30 days after receipt of your notice.
LINKS TO OTHER SITES
The Site/App may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Podcast Studio’s control.
PODCAST STUDIO DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED. THE SITE, SERVICE AND PODCAST STUDIO’S CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. PODCAST STUDIO CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM OR UPLOAD TO THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES OR WILL BE STORED SAFELY. PODCAST STUDIO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PODCAST STUDIO DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE, YOUR CONTENT AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST PODCAST STUDIO FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action. Podcast Studio reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site/App, or any portion of the Site/App, including, but not limited to, the Service, for any reason; (2) to modify or change the Site/App, or any portion of the Site/App, including, but not limited to, the Service, and any applicable policies or terms; and (3) to interrupt the operation of the Site/App, or any portion of the Site/App, including, but not limited to, the Service, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
LIMITATION OF LIABILITY
In no event will Podcast Studio be liable to you for any indirect, consequential, exemplary, incidental, statutory or punitive damages, including lost profits, even if Podcast Studio has been advised of the possibility of such damages. If, notwithstanding the other provisions of these Terms of Service, Podcast Studio is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, Podcast Studio’s liability shall in no event exceed the lesser of (1) the total of any subscription or similar fees with respect to the Service or feature of or on the Site paid in the six months prior to the date of the initial claim made against Podcast Studio; or (2) US$100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
You agree to indemnify and hold Podcast Studio, its officers, directors, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Podcast Studio by any third party due to or arising out of or in connection with your use of the Site, including, but not limited to, Your Content.
VIOLATION OF THESE TERMS OF SERVICE
Podcast Studio may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site/App, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Podcast Studio reserves the right at all times to disclose any information that Podcast Studio deems necessary to comply with any applicable law, regulation, legal process or governmental request. Podcast Studio also may disclose your information when Podcast Studio determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes. You also agree that any violation by you of these Terms of Service will constitute an unlawful and unfair business practice, and will cause irreparable harm to Podcast Studio, for which monetary damages would be inadequate, and you consent to Podcast Studio obtaining any injunctive or equitable relief that Podcast Studio deems necessary or appropriate in such circumstances.
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 Turkey and by the laws of the State of Istanbul without regard to its conflicts of laws provisions. Any claim under these Terms of Service must be brought within one (2) months after the cause of action arises, or such claim or cause of action is barred. 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 attorneys’ fees. In the event of any controversy or dispute between Podcast Studio 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.
VOID WHERE PROHIBITED
Podcast Studio administers and operates the Site/App from its location in Istanbul; other Podcast Studio sites may be administered and operated from various locations. Although the Site/App is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site/App are available to all persons or in all geographic locations, or appropriate or available for use inside or outside Turkey. If you choose to access the Site from outside the Turkey, you do so on your own initiative and you are solely responsible for complying with applicable local laws.