Podboxx

Podboxx Terms and Conditions

Welcome to PodBoxx, a website and mobile application (the “App”) operated by PodBoxx Media Corp (the “Company”). The following Terms of Use (“Terms”) apply when you use the website located at https://podboxx.com (the “Site”) and the App. The term "Site" is often used in these Terms to refer to both the Site and Apps. Please review these Terms carefully. By accessing or using the Site or App, you show you agree to these Terms. If you don’t agree to these Terms, you may not access or use the Site or App.

ABOUT THE SITE

The Site allows you to host, listen to and/or view, and monetize podcasts (the “Service”). The Site allows you to register for the Service. As discussed in our Privacy Policy, when you register for the Service you'll be asked to provide certain information about yourself, such as your name and username and the name of your organization. We collect additional information depending on your role.

Advertisers need to provide:
Customers paying via invoice or wire transfer need to provide:

You will also be asked to create a password.

Also, please note that the Site is under constant development. New features may be added frequently, so it’s important to check back to this page for updates.

PAID SERVICES

To use a Charged Service, you will be charged a fee. This fee is currently collected via Braintree (our "Billing Service Provider"), which has its own legal terms. You will be required to provide the Company and/or its Billing Service Provider with information regarding your credit card or other payment method. You represent and warrant that such information is true and that you are authorized to use the payment method. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date). You hereby authorize the Company to bill you in accordance with the terms of your plan until you terminate your account, and you agree to pay any charges so incurred. If you dispute any charges you must notify the Company within thirty (30) days after the date that you are billed. You can terminate your use of the Service after 24 months of continued use of the services you subscribed to, change your password, and otherwise manage your account using the Site and App. This agreement can also be terminated if it is determined that PodBoxx is unable to deliver the services you subscribed to. We have a fixed agreement with you regarding the Company’s fees. If the Company does change its fees, you will not be impacted by these changes. Your continued use of the Service after the fee change secures the prices of our agreement until a new agreement acknowledged and signed by both parties replaces the current one.

Revenue Share

A service fee equivalent to 10% of topline proceeds is added on all issued monthly invoices for the entire duration of the agreement. Proceeds from public advertising delivered by our services, domestic advertising managed and delivered by our services and subscription to premium content are all eligible to the 10% fee.

Organizational Customers

If you as an individual signed up for a plan using your corporate email domain or in the name of a business entity (“Customer”), that entity is our customer and “you” in these Terms refers to that Customer entity except where otherwise specified. Customer can modify and re-assign roles on your podcasts (including an individual’s role) and otherwise exercise its rights under the Terms. If Customer elects to replace you or another individual as the representative with ultimate authority for the podcasts, we will provide notice to the email you used to sign up for the Service, following such election, and you as an individual agree to take any actions reasonably requested by us or Customer to facilitate the transfer of authority to a new representative of Customer. Individuals authorized by Customer to access the Site (an “Authorized User”) may submit User Content (as defined below) and provide us with instructions on what to do with such User Content. For example, Customer may create or delete a podcast, manage permissions, change settings, add or delete authorized users, or set podcasts to be public or private. Customer will (a) inform Authorized Users of all Customer policies and practices that are relevant to use of the Site and of any settings that may impact the processing of User Content; and (b) ensure the transfer and processing of User Content under the Terms is lawful.

Publicity

Customer grants Company the right to use Customer’s company/podcast name and logo as a reference for marketing or promotional purposes on Company’s website and in other public or private communications with our existing or potential customers, subject to Customer’s standard trademark usage guidelines as provided to us from time-to-time. We only want to list customers who want to be listed, so Customer may send us an email to contact@podboxx.com if they do not wish to be referenced.

CONTENT AND RESTRICTIONS

You may provide text, images, software, logos, videos and/or other material, including third party content (“User Content”) that you share using the Site. Your User Content belongs to you (or to the relevant third parties). Other users may access and share your User Content and information, via the Site, social media, email, and otherwise. If you wish us to remove your User Content from the Site, please send an email to contact@podboxx.com and we will do so within ten business days of receiving your request. (However, we may retain copies of your User Content, not accessible to the public, on our backup servers even after you request removal.) You are solely responsible for the User Content that you make available via the Site. We do not make an initial review of the content you publish and we are merely providing you a platform for your online distribution and for the publication of your User Content. The following rules pertain to User Content. By transmitting and submitting any User Content while using the Site, you agree to the following:

The Company is not responsible for any public display or misuse of your User Content. The Company does not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we, or technology we use, may monitor and/or record your interactions with the Site.

USE OF THE SITE

You need to be at least 13 years old to use the Site. You hereby affirm we have the right to terminate your account with a 10 days-prior notice.

SUBSCRIPTION CONTENT AND DATA

In the context of your use of our software, you will have the opportunity to offer premium content, exclusive content and other means to generate revenue out of your user content in all its forms. Revenue generation is done through:

USE RESTRICTIONS

Your permission to use the Site is conditioned upon the following restrictions and conditions. You agree that you will not:

MONITORING AND COMPLIANCE

Although the Company is not obligated to monitor access to or use of the Site or to review or edit any Content, we have the right to do so for the purpose of operating the Site, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to the Site or any Content, at any time and with prior notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law. In case we receive a written claim against you claiming that your User Content infringes upon individual rights, we may contact you to address the claim and give you the opportunity to solve it directly with the claimant. We may also give you the opportunity to challenge such claim and provide your defense. Please note, however, that we reserve the right to decide on whether or not your User Content breaches our Terms of Use. Our decision is final and unappealable and may result in the removal of your content, the suspension or the cancellation of your account, as well as, in the most serious cases and if permitted by law, the referral of the case to the relevant criminal authorities.

INTELLECTUAL PROPERTY

You acknowledge and agree that the Company and its licensors retain ownership of all intellectual property rights of any kind related to the Site (except for User Content), including applicable copyrights, trademarks, and other proprietary rights. The Company reserves all rights that are not expressly granted to you under these Terms.

FEEDBACK

We welcome and encourage you to provide feedback, comments, and suggestions for improvements of the Site (“Feedback”). You may submit Feedback by emailing us at contact@podboxx.com. You acknowledge and agree that if you submit any Feedback to us, you hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable (through several tiers) and transferable license under any and all intellectual property rights that you own or control in relation to the Feedback to use, reproduce, view, communicate to the public by any means, print, copy (whether onto hard disk or other media), edit, translate, perform and display (publicly or otherwise), distribute, redistribute, modify, adapt, make, sell, offer to sell, transmit, license, transfer, stream, broadcast, create derivative works from, and otherwise use and exploit the Feedback for any purpose.

COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT

If you discover that someone else has posted material belonging to you via the Site without your permission, please note the following.

(a) Termination of Repeat Infringer Accounts. The Company respects the intellectual property rights of others and requests that the users do the same. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, the Company has adopted and implemented a policy that provides for the termination in appropriate circumstances of users of the Site who are repeat infringers. The Company may terminate access for participants or users who are found repeatedly to provide or post protected third-party content without necessary rights and permissions.

(b) DMCA Take-Down Notices. If you’re a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Site infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) (“DMCA”) by sending the following information in writing to the Company’s designated copyright agent at contact@podboxx.com:

(c) Counter-Notices. If you believe that your User Content that has been removed from the Site is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above:

If a counter-notice is received by the Company copyright agent, the Company may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may (in the Company’s discretion) be reinstated on the Site in 10 to 14 business days or more after receipt of the counter-notice.

ONLINE CONTENT DISCLAIMER

Opinions, advice, statements, offers, or other information or User Content made available through the Site, but not directly by the Company, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such User Content. The Company does not guarantee the accuracy, completeness, or usefulness of any information on the Site and neither does the Company adopt nor endorse, nor is the Company responsible for, the accuracy or reliability of any opinion, advice, or statement made by parties other than the Company. The Company takes no responsibility and assumes no liability for any User Content that you or any other user or third-party posts or sends over the Site. Under no circumstances will the Company be responsible for any loss or damage resulting from anyone’s reliance on information or other User Content posted on the Site, or transmitted to users.

USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM

For contractual purposes, you (a) consent to receive emails via the email address you have submitted when you sign up on the Site; and (b) agree that all Terms, agreements, notices, disclosures, and other communications that the Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights. The Company may also use your email address to send you other messages, including information about the Company and Site and special offers. You may opt out of such email by changing your account settings or sending an email to contact@podboxx.com.

WARRANTY DISCLAIMER

THE SITE AND SERVICE ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SITE AND SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR UPLOADING, DOWNLOADING, AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL SENT TO OR OBTAINED FROM THE SITE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.

LIMITATION OF DAMAGES; RELEASE

FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SITE; (C) THE SITE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SITE AND SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH THE COMPANY OR ANY OTHER USER OF THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), FRAUD, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL COMPANY’S LIABILITY TO YOU EXCEED THE AMOUNT YOU ACTUALLY PAY US UNDER THIS AGREEMENT FOR THE SERVICE THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS PRECEDING THE CLAIM. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.

MODIFICATION OF TERMS OF USE

The terms of use are specific to the agreement with you they are therefore not subject to change unless both parties acknowledge and sign an agreement that will replace the current one. No purported waiver or modification of these Terms by the Company via telephonic or email communications shall be valid.

PRIVACY POLICY

The Company respects the privacy of its users. Please refer to our Privacy Policy , which explains how we collect, use, and disclose information that pertains to your privacy. When you access or use the Site, you show that you agree to this Privacy Policy.

GENERAL TERMS

If any part of these Terms is held invalid or unenforceable, that portion of the Terms will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of the Company to enforce any provision of these Terms will not be considered a waiver of our right to enforce such provision. Our rights under these Terms will survive any termination of these Terms. These Terms and your use of the Site and Service are governed by the federal laws of the United States of America and the laws of the State of Delaware without regard to conflict of law provisions. Nevertheless, both parties agree to initially attempt to resolve any conflict or claim relating to these Terms or the Site through an arbitration procedure and subsequently through legal procedures conducted in the Judicial District of Quebec, Province of Quebec, Canada.

ARBITRATION MUST BE ON AN INDIVIDUAL BASIS. THIS MEANS NEITHER YOU NOR THE COMPANY MAY JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER USERS, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.

The Company may assign or delegate these Terms and/or the Company’s Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms or Privacy Policy without the Company’s prior written consent, and any unauthorized assignment and delegation by you is void. This consent cannot be withheld without a valid reason by both parties acting reasonably.

YOUR AGREEMENT

YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS, UNDERSTAND THE TERMS, AND WILL BE BOUND BY THESE TERMS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS TOGETHER WITH THE PRIVACY POLICY REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.