We may change these Terms at any time. If a change is material, we’ll let you know before it takes effect provided that we have your correct email address. By using PodInbox on or after that effective date, you agree to the new Terms. If you don’t agree to them, you should delete your account before they take effect, otherwise your use of PodInbox will be subject to the new Terms.
These Terms apply to the use of the PodInbox (the “Service” or “ PodInbox”), and constitute a contract between you and PodInbox (the “Company”). Any audio, video, sound, text, graphics, or other materials sent, received, uploaded, or stored in PodInbox is collectively referred to as “User Content”.
Creating an Account
PodInbox is only for people 18 or older. Persons of any age can browse PodInbox. By registering for an account on PodInbox, you affirm that you are over the age limit effective for your country of residence, or old enough to form a binding contract where you live. If we learn that someone under the minimum allowed age is using PodInbox, we will terminate their account.
Don’t impersonate any other person’s identity or podcast, violate anyone else’s rights, or choose names that are offensive. Users registering for an account must represent themself. If you don’t follow these rules, we will terminate your account.
You’re responsible for all the activity on your account, and for keeping your username and password confidential. You may not select or use an identity of another person with the intent to impersonate that person. You must use a valid email address, and PodInbox reserves the right to verify this at any time
We don’t allow shared accounts. If you find out that someone has used your account without your permission, you should report it to firstname.lastname@example.org and create a more secure password immediately. PodInbox will not be liable for any loss or damage arising from your failure to comply with the above requirements.
We may change, terminate, or restrict access to any aspect of the Service or your account, at any time, without notice. We reserve the right to impose limitations of use based on what we consider fair or legitimate usage.
You are responsible for your use of PodInbox, including the lawfulness of any content displayed, shared, uploaded or otherwise made available by you on PodInbox.
Sharing Fan Contact Information With Creators
There are 2 main types of User accounts on PodInbox: Fan Accounts and Creator Accounts.
Fan Accounts are free accounts that Fans can create to interact with Creator Accounts on the platform. Every Creator on the PodInbox platform is also a Fan.
When Fans engage and take actions on Creator pages, including actions like, but not limited to, recording audio messages, recording video messages, sending text messages, liking messages, saving, following, subscribing, donating, supporting, tipping, we share the Fan’s actions and contact information with the Creator. Fan’s contact information includes, but not limited to, full name, display name, email address, Twitter handle, Instagram handle, website, bio, etc.
By using PodInbox, a Fan agrees that this information sharing with Creators will occur on the PodInbox platform. If a Fan does not want to share their information with Creators, they should discontinue using their account and contact us at email@example.com to delete their account.
Sharing Fan Audio Messages With Creators
When you, as a PodInbox User, share audio or text messages on PodInbox, you are giving the Creator, other Users, and site visitors full rights and permission to use your audio content on whatever platform they choose, including, but not limited to, podcasts, websites, apps, radio, tv, etc.
You are solely responsible for any User Content you post on PodInbox. All Content submitted to the PodInbox, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom that content originated. Any licensing or royalties on your User Content are your responsibility. You will pay all royalties and other amounts owed to any person or entity based on your User Content, or on PodInbox hosting of that Content.
Restrictions on Content and Use of PodInbox
We reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to satisfy any applicable law, regulation, legal process, and governmental request. We reserve the right to report illegal activity to applicable local authorities. We can enforce our terms to protect our rights, our property, or the safety of our users and the public.
Prohibited User Content includes content which:
- is offensive, such as user content that engages in, endorses, or promotes racism, bigotry, discrimination, hatred, harassment or physical harm of any kind against any group or individual;
- displays or links to pornographic, sexually explicit or any other indecent material;
- promotes or endorses false or misleading information or illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- promotes or endorses an illegal or unauthorized copy of another person’s copyrighted work;
- infringes on other’s trademarks, copyright or legal rights;
- solicits passwords or personal data from other users;
- violates the rights of or harms or threatens the safety of other users;
- shares personal information about others, without their consent;
Any use of any User Content or materials posted on PodInbox is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any User Content or communications posted on PodInbox, or endorse any opinions expressed on PodInbox. You understand that by using PodInbox, you may be exposed to User Content that might be offensive, harmful, inaccurate, inappropriate, or in some cases, User Content that have been mislabeled or is otherwise deceptive. Under no circumstances will we be liable in any way for any User Content, including, but not limited to, any errors or omissions in any User Content, or any loss or damage of any kind incurred as a result of the use of any User Content generated or made available on PodInbox.
You may not do any of the following while using PodInbox:
- probe, scan, or test the vulnerability of PodInbox systems, code, or network;
- breach or circumvent any security or authentication measures;
- access, search, or scrape PodInbox by any means (automated or otherwise) other than through our currently available interfaces that are provided by us;
- interfere with, or disrupt, the access of any user, host or network;
- script the creation of User Content in such a manner as to interfere with the normal operations of PodInbox or its users.
PodInbox may charge Account Fees, in the form of subscription fees, transaction fees, and add-on fees, to Users for the use of the PodInbox platform. More information about when Account Fees apply and how they are calculated can be found on our marketing website and support center.
Any applicable Account Fees (including any applicable Taxes) will be displayed to the User prior to creating an account. PodInbox reserves the right to change the Account Fees at any time, and will provide Members adequate notice of any fee changes before they become effective.
Cancellation and Refunds
PodInbox does not provide refunds. You are able to cancel your paid accounts at any time. When you do cancel, you’ll be downgraded to a free account when you’re currently subscription terms expires. If you do feel you need us to prorate your refund, please contact us at firstname.lastname@example.org to make your request. Just submit your account email and a brief reason for the refund.
Fan Donations and Disputes
PodInbox does not guarantee, or can not be help liable, for any claims, promises, warranties, or guarantees a creator makes for fan tips, donations, or subscriptions. This includes and general donations, message tips, subscriptions, and reward levels. If at any time there’s a dispute, fans need to contact the show page creator to resolve that dispute. Creators can always process a refund through their Stripe dashboard. PodInbox is just a platform to help process these monetary transactions, and we’re not obligated to help mediate disputes between fans and creators connecting on PodInbox.
Payment processing services, fees, and monetary payouts for PodInbox, including the processing and storing of credit card data, are provided by Stripe Inc. (“Stripe”) and are subject to the Stripe Services Agreement. Stripe is its own separate company, and PodInbox is not responsible for the services and performance of Stripe. By agreeing to these terms and continuing to use PodInbox, users 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 PodInbox enabling payment processing services through Stripe, you agree to provide PodInbox accurate and complete information about you and your business, and you authorize PodInbox to share with Stripe Inc. this information and transaction information related to your use of the payment processing services provided by Stripe.
Privacy and Personal Data
PodInbox may need to send you information about the Service, such as important announcements and administrative messages, by email, text, website announcement, or other means of communication.
PodInbox may send you promotional information by email, text, website announcement, or other means of communication. You may choose to opt in to receiving such communication and can manage your consents in the platform.
We may make available functionality allowing you to integrate other services (“Integration Service”) into PodInbox. Usage of such services will be governed by the Terms applicable for the Integration Service used.
When using PodInbox or third-party integrations to PodInbox, you may be exposed to commercial messages and advertisements. The Website and the Service may contain links to third party websites. These links are provided solely as a convenience to you and not as an endorsement by PodInbox of the contents of such third party websites. PodInbox excludes any responsibility for the content of linked third party websites.
Intellectual Property Rights
All rights, title to and interest in the Service (excluding User Content) are and will remain the exclusive property of PodInbox. The Service and its content are protected by copyright and other intellectual property rights in the country you reside as well as foreign countries.
Except for the limited, personal, non-exclusive, non-transferable and revocable license granted to you for the sole purpose of your use of the Service in compliance with the Terms, you are not granted any ownership of or license to any intellectual property rights in our Service or in the content owned by us our partners that you access through the Service.
The trademarks, logos, domain names and any other similar signs or symbols which are displayed on the Website or as part of the Service are the registered and unregistered marks of PodInbox Nothing in the Terms grants you the right to use any such marks.
You are solely responsible for the User Content you post on PodInbox. All information submitted to the Site, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom that content originated. Any licensing or royalties on your User Content are your responsibility. You will pay all royalties and other amounts owed to any person or entity based on your User Content, or on PodInbox hosting of that Content.
The Digital Millennium Copyright Act (DMCA) lays out a system of legal requirements for dealing with allegations of copyright infringement. PodInbox complies with the DMCA, and we respond to notices of alleged infringement if they comply with the law and our intellectual property rights policy. We reserve the right to delete or disable content alleged to be infringing, and to terminate accounts for repeat infringers. We do this at our sole discretion.
You may stop using our Service, by contacting PodInbox at email@example.com, and requesting account deletion. You may terminate your subscription at any time. PodInbox reserves the right to terminate the Service and the agreement with you immediately. Users are not entitled to refunds upon termination due to breach of these Terms.
Disclaimer of Warranty
PodInbox provides the Service to you “as is”. You acknowledge that the Service is not error-free. You use it at your own risk and discretion. That means the Service doesn’t come with any warranty. None express, none implied.
The Service will be continually developed, and you acknowledge that changes to functionality and layout may be carried out without advance notice. PodInbox makes no warranties, expressed or implied, with respect to the availability, merchantability, fitness for a particular purpose, non-infringement, accuracy, completeness, performance and quality of the Service.
PodInbox will from time to time have to carry out updates and maintenance of the Service, due to technical, security or operational reasons, during which time the Service might be unavailable. PodInbox will make reasonable efforts to arrange updates and maintenance outside of peak usage hours.
Limitation of Liability
PodInbox shall not be liable for any damages, whether arising under law, contract, warranty, indemnification, tort or otherwise, including, without limitation, incidental and consequential damages, loss of profits or business opportunities, or damages resulting from loss of data or loss of access to the Service.
You agree to indemnify, defend and hold harmless PodInbox, our subsidiaries, affiliated companies, officers, directors, employees, contractors, representatives, agents, third party providers, and partners from all claims, liabilities, damages, causes of action, losses, costs or debt, and expenses (including reasonable attorney’s fees) that arise from your use of the Service in breach of the Terms or applicable laws. PodInbox reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You shall cooperate in good faith with PodInbox in asserting any available defenses.
If any provision of the Terms is declared invalid or unenforceable by a court or other binding authority, the remaining terms (or parts), conditions and provisions shall continue to be valid and enforceable to the fullest extent permitted by law.
Force Majeure means any circumstances beyond the reasonable control of either party, including, without limitation, fire, explosion, strikes or other labor disputes, riots or other civil disturbances, voluntary or involuntary compliance with any law, order regulation, recommendation or request of any governmental authority, and errors or downtime in networks, power supply, gateway or similar failures of communication. Neither party will have any liability, other than for the payment of money owing, for their failure to perform any of their contractual obligations arising out of or in connection with events of force majeure.
PodInbox is entitled, in whole or in part, to assign its rights and obligations under the Terms to a third party at its own discretion.
Choice of Law and Dispute Resolution
The Terms shall be governed by and interpreted in accordance with United States law. Any dispute, controversy or claim arising out of or in connection with the Terms shall be subject to the jurisdiction of the United States courts