Terms and Conditions
The Platform and the Podlabs, as defined below, are provided to you by podlabs Inc, a company registered in Washington ("We" or "Podlabs").
These terms of service (the "Terms") constitute a legally binding agreement between you and podlabs and contains the terms and conditions upon which podlabs permits you to access and use the podlabs .
In these Terms, unless otherwise expressly stated, the following terms shall have the meaning set out below, to be equally applicable to the singular and plural forms of such terms:
"podlabs " means a podlabs platform service which enables podcasters to get support through payments by their listeners.
“Effective Date” means the date and time (your local time) on which you accept the Terms by clicking a checkbox stating that you accept these Terms or by using the podlabs ..
"Platform" means the entire technical platform used by and provided by podlabs under these Terms, including, but not limited to all software related to the Platform Services.
“Platform Services” means any service that podlabs in its sole discretion and from time to time decides to make available on the Platform.
“Donation” means a listener or anyone who uses the podlabs for the purpose of supporting a podlabs podcaster.
"Terms" means these Terms of Service, applicable to your use of the Platform and the podlabs and all associated information and content therein.
2. The Podlabs platform
2.1 podlabs shall make available the podlabs as set out in these Terms.
2.2 podlabs shall use reasonable efforts to make the podlabs available 24 hours a day, and 365 days a year (“Availability”). You acknowledge and agrees that the podlabs may be unavailable from time to time due to (i) equipment, software or service malfunctions; (ii) maintenance and update procedures or repairs; or (iii) causes beyond the control of podlabs, including, without limitation, interruption or failure of telecommunication or digital transmission links, malicious attacks, the unavailability, operation, or inaccessibility of websites or interfaces, network congestion or other failures, and that podlabs shall not be liable for any unavailability caused by any of the foregoing. In the event that the podlabs does not meet the Availability for any reason other than as set forth in the foregoing (i) through (iii) for at least two (2) consecutive months, your sole remedy and podlabs’s exclusive liability for unavailability of the podlabs , is to terminate the Terms and the account upon written notice to podlabs. In addition, you acknowledge and agree that podlabs has no responsibility or liability with respect to the operation of any third party payment solution, such as e.g. Stripe, as may be used to collect and transfer any payments.
2.3 In order to use the podlabs , you must obtain access to the internet. podlabs is not responsible for any service fees associated with such access, nor is podlabs responsible for any costs or equipment necessary for you to make such connection to the internet or be able to use the podlabs .
3. Acceptable use of the Podlabs
3.1 Regardless of whether you are a podcaster who wants to let your listeners support you by making payments to you or if you are a Donation who wants to support a podcaster by making payments to such podcaster, you must be at least eighteen (18) years old and/or otherwise be authorized to enter into agreements and accept to be bound by the Terms in order to use the podlabs .
3.2 Subject to your compliance with the Terms, podlabs grants you a limited, personal, non-exclusive, revocable and non-transferable right and license to use the features and functionality of the podlabs during the term.
3.3 You agree that when using the podlabs , you will not:
• re-produce, modify, copy, distribute, prepare derivate works of, translate, resell, perform or display to the public, or permit access to the podlabs by any third party;
• take any actions to artificially alter the streaming and/or download numbers of any audio content as measured by the Platform;
• interfere with the podlabs or disrupt any other user's access to the podlabs ;
• unless provided for under mandatory law, reverse engineer, disassemble, attempt to gain unauthorized access to the podlabs , or attempt to discover the underlying source code or structure of the podlabs ;
• submit any content or data that contains mass mailings or any form of spam;
• distribute viruses or any other technologies that may harm podlabs or our affiliates or the interests of any other user of the podlabs , or otherwise interfere with or disrupt our systems;
use any robot, spider, data scraping or extraction tool or similar mechanism with respect to the podlabs ;
• share account credentials or give others access to your account. In addition to, and without limiting the generality of the foregoing, you may not access the podlabs for purposes of monitoring its performance, functionality or availability, or for any other competitive purposes; or
• use the account or the podlabs in a way that breaches any applicable money laundering legislation, trade restrictions and/or economic sanctions; or
• use the account or the podlabs other than in compliance with applicable laws and regulations.
4. Personal data
In the event that podlabs transfers any personal data of any Donation to you via the podlabs , you are responsible for keeping such data safe and in accordance with podlabs instructions from time to time. You may not transfer such data to a third party without podlabs’s written consent.
5. Contact information
If you have any questions, complaints or comments about podlabs or our services then please contact us by email using Craig@podlabs.me