You represent and warrant that you are of legal age to form a binding contract (or if not, that you’ve received your parent’s or guardian’s permission to use Padverb and that your parent or guardian agrees to these Terms on your behalf).
If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” throughout this document refer to that organization or entity).
“Host” means the producer of Host Content who conducts interviews with guests. Host can be a person or an organization from whom such content originated.
“Guest” means the interviewee with whom the host conducts an interview.
“Host Content” means podcasts, descriptions, texts and images that the Host uploads to Padverb. It also includes any comments posted on any current or future discussion board features on Padverb.
“Listener” means a user who follows and listens to published podcasts and other Host Content.
“RSS Feed” means Host Content that, in addition to being hosted on Padverb, is also distributed by the means of RSS feed to other podcasting platforms such as Apple Podcasts, Google Podcasts, Spotify and others.
“Non-RSS Feed” means Host Content that is hosted only on Padverb.
"Public Host" Profile - Host account that aggregates RSS feeds for a host, without any non-RSS content, and not claimed by the Host.
You may be required to sign up for an account and select a password. You promise to provide us with accurate, complete, and up-to-date registration information about yourself.
You agree that you will only use Padverb for your own personal or organizational use, and not on behalf of or for the benefit of any third party. You may not transfer your account to anyone else without our prior written permission.
You may not select as your Padverb account name a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. Padverb reserves the right to refuse registration of or cancel a Padverb account name at its discretion.
First and foremost, you own what you create. Host Content that you podcast, upload, share, store, or otherwise provide to Padverb remains yours and is protected by copyright and any other applicable intellectual property laws.
Host Content should not violate someone else’s (including Padverb’s) rights. Don’t copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose any content not owned by you unless you have prior consent from the owner of that content.
Limited License to Us: In order to publish your User Content on Padverb, and to allow other users to enjoy them, you grant us certain rights
You are solely responsible for the Host Content that you post.
You promise that, with respect to any User Content you post on Padverb, (1) you own or have the right to post such User Content; and (2) such User Content, or its use by Padverb pursuant to the license granted below, does not: (i) violate these Terms, including the Padverb Content Guidelines, applicable law, or the intellectual property or other rights of any third party; or (ii) imply any affiliation with or endorsement of you or your User Content by Padverb or any artist, band, label, or other individual or entity without the prior express written consent from Padverb or such individual or entity.
We respect others’ intellectual property rights, and we reserve the right to delete or disable content alleged to be infringing, and to terminate the accounts of repeat alleged infringers. You promise to abide by copyright notices, trademark rules, information, and other restrictions you may receive from us or that are podcasted on Padverb.
This policy is designed to comply with the requirements of the notice-and-takedown provisions of the United States’ Digital Millennium Copyright Act (“DMCA”), meaning that we generally remove or disable content that rightsholders claim to be infringing.
To report potentially infringing content, click here. (text at the end of this agreement)
Padverb and its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders hereby exclude, to the fullest extent permitted by law, any and all liability which may arise from any content uploaded to the Platform by users, including, but not limited to, any claims for infringement of intellectual property rights, rights of privacy or publicity rights, any claims relating to publication of abusive, defamatory, pornographic, or obscene material, or any claims relating to the completeness, accuracy, currency or reliability of any information provided by users of the Platform. By using the Platform, you irrevocably waive the right to assert any claim with respect to any of the foregoing against Padverb or any of its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders.
You are responsible for all your activity in connection with Padverb. Make sure that you use Padverb in a manner that complies with the law. If your use of Padverb is prohibited by applicable laws, then you aren’t authorized to use Padverb. We can’t and won’t be responsible for you using Padverb in a way that breaks the law.
You also agree that you will not contribute any Host Content or otherwise use Padverb in a manner that:
Third-Party Content: Padverb may contain links or connections to third party websites or services that are not owned or controlled by us. Padverb has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party websites. You release and hold us harmless from any and all liability arising from your use of any third-party website or service.
In the event that you have a dispute with one or more other users of Padverb or with a third party, you release us, our officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or Padverb.
The Host may choose to have the Host Content reside exclusively on Padverb (Non-RSS Feed). The only way for listeners to access the Host Content is through Padverb’s website, mobile app, or by manually copying the link into certain third party podcast players such as Apple Podcasts or Google Podcasts. The Host maintains all the control over how their content is listened to.
Alternatively, the Host may choose to publicly distribute the Host Content via RSS Feed to other podcasting platforms (RSS distribution). This allows for wider distribution but at a cost of loss of control. For example, an episode deleted on Padverb may still reside on other platforms that utilized the RSS feed. See “Terminating Your Account” section for more details.
There are three ways to get paid for publishing Host Content on Padverb
Host Content published on Padverb are the sole responsibility of the Host. You access all such content at your own risk. We aren’t liable for any errors or omissions in any Podcast and you hereby release us from any damages or loss you might suffer in connection with a Podcast.
To the fullest extent allowed by applicable law, under no circumstances and under no legal theory shall Padverb, its licensors, or its suppliers be liable to you or to any other person for:
Padverb is provided to you on an “as-is” basis. This means we provide it to you without any express or implied warranties of any kind. That includes any implied warranties of merchantability, warranties of fitness for a particular purpose, non-infringement, or any warranty that the use of Padverb will be uninterrupted or error-free. Accordingly, we do not:
Padverb is free to terminate (or suspend access to) your use of Padverb, or your account, for any reason at our discretion. We will try to provide advance notice to you prior to our terminating your account so that you are able to retrieve any important Host Content you may have uploaded to your account, but we may not do so if we determine it would be impractical, illegal, not in the interest of someone’s safety or security, or otherwise harmful to the rights or property of Padverb.
Padverb also allows you to delete your account at any time. If you'd like to delete your account, you can do so from your account page. When you delete your account, any non-RSS Feed Host Content associated with that account will also be deleted. If you have RSS Feed Host content, your account will be converted to a 'Public Host' Profile. Thus any Host Content that you have made public by electing to have RSS Feed Distribution may remain available on Padverb and any other platforms where it is distributed. To delete RSS Feed content, you would need to delete it permanently from a host service that created the RSS feed. You can send us an e-mail requesting deletion of the 'Public Host' Profile from Padverb, at firstname.lastname@example.org, after all RSS content has been permanently purged from such host service.
You agree that some of the obligations in these Terms will be in force even after you terminate your account. All of the following terms will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, terms regarding disputes between us, and any other terms that, by their nature, should survive termination of these Terms.
If you have deleted your account by mistake, contact us immediately at email@example.com – we will try to help, but unfortunately, we can’t promise that we can recover or restore anything.
The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children. We do not knowingly collect or solicit personally identifiable information from children under 13; if you are a child under 13, please do not attempt to register for Padverb or send any personal information about yourself to us. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us at firstname.lastname@example.org.
We’re always trying to improve Padverb, so our products and services may change over time. We may suspend or discontinue any part of Padverb, or we may introduce new features or impose limits on certain features or restrict access to parts or all of Padverb. We’ll try to give you notice when we make a material change to Padverb that would adversely affect you, but this isn’t always possible or practical.
We are constantly trying to improve our products and services, so these Terms may need to change along with Padverb. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on the website, by sending you an email, and/or by some other means.
If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use Padverb. If you use Padverb in any way after a change to the Terms is effective and notice has been provided, that means you agree to all of the changes.
Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.
Failure to follow any of these Terms shall constitute a breach of these Terms, which may result in immediate termination of your account. Padverb has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.
The above covers most of the questions that we typically receive about Padverb. We have grouped provisions that come up less frequently below:
If you discover any content on the Platform that you believe infringes your copyright, please report this to us by email at email@example.com
Please include the following information:
In addition, if you wish for your notice to be considered as a notice pursuant to the United States Digital Millennium Copyright Act 17 U.S.C. §512(c), please also include the following:
You are solely responsible for your account and the activity that occurs while signed in to or while using your account;
You will not post information that is malicious, false or inaccurate;
You will not submit any User Content that may be deemed as pornography, defamatory, libelous, harassing, abusive, or fraudulent, encouraging criminal or harmful conduct, or which otherwise violates the rights of Padverb or any third party (including any intellectual property rights, privacy rights, contractual or fiduciary rights).
You will not submit User Content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such User Content, or unless your use of the content is within the scope of fair use;
You will not use the personal data of any individuals that did not consent on such use, and you will comply with all your obligations as data controller of the personal data you use (under any applicable rules, including the European General Data Protection Regulation), accepting sole liability for any data protection breaches and agreeing to indemnify us, and hold us harmless, for any claim made against us on the grounds of a data protection violation committed by you or in relation to your User Content;
Complying with your obligations as data controller include using personal data of third parties only for lawful purposes, obtaining express consent or relying on other available processing grounds; ensuring the accuracy and correctness of the data you share; comply with any requests from the data subjects to access, correct and remove any such data; comply with security obligations. Please refrain from using personal data of third parties in your content if you cannot ensure compliance with the applicable laws.
You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Site is solely your responsibility.