Podfan Terms of Use


Welcome to Podfan. Before you start using our site, you should understand these Terms of Use ("Terms") and our Privacy Policy. Anyone who uses Podfan, whether to produce or consume content or for any other reason, agrees to these Terms. If you do not agree with any of the Terms presented here, you may not use or access Podfan.

Updates to This Page

Over time, these Terms will be updated. It is your responsibility to review these terms regularly to make sure that you agree to any changes. Podfan will make a best-effort attempt to notify our users of any substantial updates. If you do not agree with a change, please contact Podfan support in order to have your account deleted. If you do not request that your account be deleted, you agree to be bound by the updated Terms.

Content

Podfan expressly prohibits posting the following content:

  • Content that is threatening, abusive, libelous, or invades the privacy of others
  • Content that is hateful on the grounds of ethnicity, gender, sexual orientation, religion, or any other group (at Podfan's discretion)
  • Content that contains any malicious content of any kind ("malware")

Podfan does not actively review or monitor content posted to its infrastructure, nor do we control how content is presented. Content may be inaccurate, incomplete, offensive, unpleasant, or otherwise lacking integrity; this is the sole responsibility of the user that uploads the content. Podfan is not liable for issues that arise with or because of content posted by users.

Podfan is under no obligation to enforce the Terms on your behalf against another user. While we encourage you to let us know if you believe another user has violated the Terms, we reserve the right to investigate and take appropriate action at our sole discretion.

When you post content of any type to Podfan, you grant a non-exclusive license to Podfan to host the content on Podfan infrastructure and services contracted by Podfan. You also grant a non-exclusive license to any users who access that content. This includes users who may not be registered Podfan users, and users of third-party websites and services. You own all rights to content that you upload to Podfan, including the right to remove your content. Content may take an indeterminate amount of time to be fully removed from Podfan infrastructure. Podfan may not be able to recover content after deletion.

Before uploading content to Podfan, you must possess rights to the content you are uploading.

Podfan may remove any uploaded content if it is in violation of our policy against

Accounts

You are not required to create an account with Podfan. Creating an account, however, grants access to certain features that are not available to users without accounts. You will be required to provide a valid email address for use with your Podfan account. You must own and maintain control of the email address provided to Podfan.

The security and confidentiality of your account is your own responsibility. Any actions performed through your account--regardless of whether you authorized them--are your own responsibility.

Podfan reserves the right to terminate or throttle any account at any time for violation against our content policy, or late or incomplete payment for services. Podfan also reserves the right to access any account information. This may be to investigate or address problems with our service, satisfy legal requirements or requests by governments, or to protect ourselves or our users.

You may delete your account at any time by contacting Podfan support.

Restrictions

You may not do any of the following:

  • Redistribute content hosted by Podfan
  • "Scrape," "crawl," or otherwise aggregate content on Podfan to collect any data without the express permission of Podfan
  • Remove copyrights or trademarks from Podfan or any content that you do not own
  • Impersonate another individual with the intention of deceiving others
  • Perform any act that could damage or harm minors in any way
  • Attempt to gain unauthorized accesss to Podfan systems
  • Perform any act that could disrupt Podfan service or access to Podfan

Podfan reserves the right to disable any account if it posts content that violates Podfan's content policy repeatedly and after having been warned of Podfan's policy against this.

Copyright

Podfan respects copyright laws. If we are notified of content posted on Podfan infrastructure that violates the intellectual property rights of others, we will use reasonable efforts to investigate and take applicable action when we believe infringement has taken place. This may mean content will be removed.

Please contact Podfan support in writing with a detailed description of any alleged infringement. Note that you may be held accountable for damages (including costs and attorneys' fees) for falsely alleging infringement.

If we remove or disable access to content in response to a notice of infringement, we will do our best to contact the user who posted the infringing content. You may respond to such a notice if you believe the content is not infringing. When you respond, you must provide enough information to enable Podfan to make a reasonable determination. If you materially misrepresent that the content is not infringing, you may be held accountable for damages (including costs and attorneys' fees).

Service

Podfan is always changing. Features may be added or removed at any time. If the price of any feature changes, you will be given sufficient notice and opportunity to cancel any outstanding subscriptions.

Podfan may discontinue its service at any time and without notice, though we obviously hope not to. It may be unavailable due to maintenance or malfunctions.

Links and Embedding

Podfan contains links to third parties that we do not control. Content on Podfan may also be embedded in third party services or websites. Podfan does not endorse any third party service or website, and take no responsibility or position on their actions.

Stripe

Payment processing services for users on Podfan are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these terms or continuing to operate as a user on Podfan, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Podfan enabling payment processing services through Stripe, you agree to provide Podfan accurate and complete information about you and your business, and you authorize Podfan to share it and transaction information related to your use of the payment processing services provided by Stripe.

Disclaimer of Warranty

Podfan and its services are provided "as is". We make no warranties or guarantees (express or implied) of any kind, which means you use Podfan at your own risk. We don't make any promises about the content within our services, the function of the services, their reliability or availability, or their ability to meet your needs.

Limitation of Liability

To the extent permitted by law, the total liability of Podfan, and its supplier and distributors, for any claims under these terms, including for any implied warranties, is limited to the amount you paid us to use Podfan's services in the past six months (or, if we choose, to supplying you the services again). This includes all types of damages, including (but not limited to) inability to use Podfan or its services, the cost of procuring substitute services, errors on Podfan, personal injury or property damage as a result of using Podfan, or loss of data.

Indemnification

You shall indemnify and hold Podfan and its subsidiaries, affiliates, officers, agents, and employees, harmless from all claims, actions, proceedings, demands, damages, losses, costs, and expenses (including reasonable attorneys' fees), incurred in connection with:

  1. Any materials submitted, posted, transmitted, or made available by you through the service
  2. Any interactions or transactions between you and any other user
  3. Any violation by you of these terms of use, the rights of any third party, or any applicable law or regulation