RadioPublic - Terms of Service

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See also: RadioPublic Privacy Policy

See also: RadioPublic Paid Listens Program Terms

Effective: September 1, 2016

These Terms of Service (“Terms”) are a contract between you and RadioPublic PBC. They govern your use of RadioPublic’s mobile apps, sites, services, products, and content (“Services”).By using RadioPublic, you agree to these Terms. If you don’t agree to any of the Terms, you can’t use RadioPublic, alas.We can change these Terms at any time. We keep a historical record of all changes to our Terms on GitHub. If a change is material, we’ll endeavor to let you know before they take effect. By using RadioPublic on or after that effective date, you agree to the new Terms. If you don’t agree to them, you should stop using RadioPublic before they take effect, otherwise your use of the site and content will be subject to the new Terms.

Third party content  

RadioPublic displays links and content from third-party podcast feeds, sites, publishers, networks and producers, and downloads and provides online listening to podcast files directly from each podcast’s third-party servers. These third parties may have their own privacy policies and terms of use, and we have no responsibility or liability for their content or activities.RadioPublic also contains links to websites, services, content and advertisements that we don’t own or control. We don’t necessarily endorse or assume responsibility for those things, either.We don’t pre-screen anyone’s content. However, we have the right to review and remove or disable access to any content through RadioPublic for any reason. We assume no liability for anything that you or anyone else publishes through RadioPublic.

Our content and services

We reserve all rights in RadioPublic’s look and feel. Some parts of RadioPublic are licensed under third-party open source licenses. We also make some of our own code available under open source licenses. As for other parts of RadioPublic, you may not copy or adapt any portion of our code or visual design elements (including logos) without express written permission from RadioPublic unless otherwise permitted by law.You may not do, or try to do, the following: (1) access or tamper with non-public areas of the Services, our computer systems, or the systems of our technical providers; (2) access or search the Services by any means other than the currently available, published interfaces (e.g., APIs) that we provide; (3) 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 (4) interfere with, or disrupt, the access of any user, host, or network, including sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of content or accounts in such a manner as to interfere with or create an undue burden on the Services.Crawling the Services is allowed if done in accordance with the provisions of our robots.txt file, but scraping the Services is prohibited.We may change, terminate, or restrict access to any aspect of the service, at any time, without notice.

Children

RadioPublic does not knowingly collect Personal Data from children under the age of 13. If you are under the age of 13, please do not submit any Personal Data through the Services. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce our Privacy Policy by instructing their children never to provide Personal Data on the Services without their permission. If you have reason to believe that a child under the age of 13 has provided Personal Data to RadioPublic through the Services, please contact us, and we will endeavor to delete that information from our databases.

Security

We take the security of RadioPublic very seriously. We use reasonable practices to protect the security of your account and data associated with it, but we can’t guarantee that someone won’t be able to defeat our security measures. Please let us know immediately if you discover any compromise of your account.We are always on the lookout for security loopholes in RadioPublic. If you discover a vulnerability in our service, we would be grateful for your report and encourage you to let us know immediately.To report a vulnerability, please email security@radiopublic.com

Changes to our Service

RadioPublic is a dynamic product, always evolving and (hopefully) getting better. As a result, we may change, eliminate or restrict access to our products or any part of our service at any time, for any reason, with or without advance notice. And we may do so with respect to one, some or all of our users.

Incorporated rules and policies

By using the Services, you agree to let RadioPublic collect and use information as detailed in our Privacy Policy. If you’re outside the United States, you consent to letting RadioPublic transfer, store, and process your information (including your personal information and content) in and out of the United States.Under our DMCA Policy, we’ll remove material after receiving a valid takedown notice. Under our Trademark Policy, we’ll investigate any use of another’s trademark and respond appropriately.By using RadioPublic, you agree to follow these Rules and Policies.

Miscellaneous

Disclaimer of warranty. RadioPublic provides the Services to you as is. You use them at your own risk and discretion. That means they don’t come with any warranty. None express, none implied. No implied warranty of merchantability, fitness for a particular purpose, availability, security, title or non-infringement.

Limitation of Liability. RadioPublic won’t be liable to you for any damages that arise from your using the Services. This includes if the Services are hacked or unavailable. This includes all types of damages (indirect, incidental, consequential, special or exemplary). And it includes all kinds of legal claims, such as breach of contract, breach of warranty, tort, or any other loss.

No waiver. If RadioPublic doesn’t exercise a particular right under these Terms, that doesn’t waive it.

Severability. If any provision of these terms is found invalid by a court of competent jurisdiction, you agree that the court should try to give effect to the parties’ intentions as reflected in the provision and that other provisions of the Terms will remain in full effect.

Choice of law and jurisdiction. These Terms are governed by laws of the Commonwealth of Massachusetts, without reference to its conflict of laws provisions. You agree that any suit arising from the Services must take place in a court located in Middlesex or Suffolk County, Massachusetts.

Entire agreement. These Terms (including any document incorporated by reference into them) are the whole agreement between RadioPublic and you concerning the Services.

Questions? Let us know at legal@radiopublic.com.

RadioPublic Podcaster Program Terms

Effective as of June 15, 2018These terms (the “Podcaster Program Terms”) govern RadioPublic PBC’s (“RadioPublic”) Podcaster Program (“Podcaster Program”). Through RadioPublic’s Podcaster Program, you can make ad-free podcast episodes available on RadioPublic and receive revenue based for Podcaster (“Podcaster”).

By participating in the Podcaster Program, you agree to these Podcaster Program Terms, as well as RadioPublic’s Terms of Service, Privacy Policy, and all other terms and conditions that generally apply to the RadioPublic website and mobile applications (all of these together are the “Terms”).

Please read the Podcaster Program Terms carefully. If you don’t understand them, or don’t accept any part of them, then you can’t participate in the Podcaster Program. Your online acceptance of RadioPublic’s Terms form a binding agreement between you and RadioPublic and show your intent to be bound by them.

Content rights and responsibilities

You own the rights to the content you create and make available on RadioPublic.We will never license or sell your content to third parties without your explicit permission.You are responsible for the content you are publishing. This means you assume all risks related to it, including someone else’s reliance on its accuracy, or claims relating to intellectual property or other legal rights. By making your content available on RadioPublic, you represent that doing so doesn’t conflict with any other agreement you’ve made.You may only participate in the Podcaster Program if you have sufficient rights to make commercial use of the content in your podcast. By making content available that you didn’t create on RadioPublic, you are representing that you have the right to do so. For example, you are posting a work that’s in the public domain, used under license (including a free license, such as Creative Commons), or a fair use.The consequences of participating in the Podcaster Program when you lack the rights to do so or failing to provide adequate documentation upon request include withholding of revenue, suspension or termination from the Podcaster Program, suspension or termination of your RadioPublic account, and removal of your podcast from RadioPublic’s platform entirely. These Terms are not legal advice. If you plan to monetize a podcast containing any content you did not create, you may want to talk to a lawyer first to ensure you own all rights required to do so.We can remove any content you make available on RadioPublic for any reason.You can remove any of your content at any time by contacting us at help@radiopublic.com. Processing the removal may take a little time, but we’ll do it as quickly as possible. We may keep backup copies of your deleted feeds on our servers for up to 14 days after you delete it.

Communications

 By using the Podcaster Program, you consent to receiving communications from us related to it, including marketing communications such as newsletters, special offers, promotional announcements, and customer surveys, to your registered email address or via other methods.

Governing Law and Forum

The governing law, mandatory forum, and dispute resolution provisions of RadioPublic’s Terms of Service also apply to these Podcaster Program Terms and any d ispute arising under them.

Miscellaneous

You participate in the Podcaster Program at your own risk. You agree that you are solely responsible for your actions in connection with the Podcaster Program, any breach of your obligations under the Podcaster Program Terms, and for the consequences of any such breach.Any capitalized terms used but not defined in these Podcaster Program Terms have the meanings given to them in RadioPublic’s Terms of Service. Except as modified by these Terms, RadioPublic’s Terms of Service remain in effect. RadioPublic’s right to modify or revise the Terms of Service also applies to these Podcaster Program Terms.

Contact Us

If you have questions or feedback about the Podcaster Program, you can email at us at help@radiopublic.com

Source: https://about.radiopublic.com/2016/11/01/radiopublic-terms-of-service/