Quickly, we have some housekeeping to cover: The Service is provided by Lead Podcasting Inc. but in these Terms, we are called “RT”, “we” or “us”. Those references also include our affiliates and subsidiaries. We refer to you (and anyone else using the Service) as “User” or “you.” We have done our best to make these Terms clear and easy to read. If you have any questions, you can contract us at firstname.lastname@example.org. Great - let’s keep going.
1. Am I eligible to use the Service? By law, we can only allow you to use the Service if you are a certain age: a. If you are under 13 years old: You cannot use the Service (sorry!). Please do not access the Service or provide us with any personal information. b. If you are older than 13, but not yet an adult: You can only use the Service if your parent or legal guardian agrees to these Terms on your behalf. c. If you are an adult: You can use the Service! Please enjoy! NOTE: When we say “adult” we mean a person that is the age of majority according to the laws applicable in the place they live.
2. How does the Service Work? a. The Service allows you to create and share your own audio recordings (“Your Story”) that are packaged into a podcast episode (a “Podcast Episode”). b. The Podcast Episode is created by combining Your Story with content we include in the Service (e.g. music, host introductions, host questions, and similar audio materials) (collectively, “RT Content”).
3. What rights am I granted? a. If you follow the Terms, you can use the Service and all functionality it offers. This includes a right to create and share a Podcast Episode with anyone you like, including sharing by email, Facebook, Twitter, and any other way the Service allows. i. Or, as our lawyers put it: you are hereby granted a non-exclusive, irrevocable, perpetual, fully paid up, royalty free licence to: use the Service and as permitted by the features of the Service’reproduce, publish, distribute, exhibit, publicly perform, and otherwise use the Podcast Episode for purposes consistent with these Terms. RT reserves all rights not expressly granted herein in the Service, the Podcast Episode, and the RT Content (as defined below). b. As part of accepting the grant of rights provided in these Terms, you agree that you may incur expenses while recording Your Story, including data charges if you use a mobile phone that is not connected to wireless internet.
4. What are the rules of conduct? Along with all other Terms, you need to comply with the following rules: a. Follow the community guidelines available here (“Community Guidelines”). b. If you come across any Podcast Episodes or stories that violate the Community Guidelines, please report it right away at email@example.com c. You can use the Service for non-commercial purposes only. d. You cannot sell, rent, lease, assign, distribute, modify, copy or alter any part of the Services. e. You cannot do any of the following techy stuff: i. copy, distribute, or disclose any part of the Service in any medium, including by any automated or non-automated “scraping”; ii. use any automated system, including “robots,” “spiders,” “offline readers,” and the like to access the Service in a manner that sends more request messages to the RT servers than a human can reasonably produce in the same period by using a conventional on-line web browser; iii. transmit spam, chain letters, or other unsolicited email; iv. attempt interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; v. upload invalid data, viruses, worms, or other software agents through the Service; vi. collect or harvest any personally identifiable information, including account names, from the Service; vii. interfere with the proper working of the Service; viii. access any content on the Service through any technology or means other than those provided or authorized by the Service; or ix. use any RT trademark or any variant thereof including misspellings as a domain name or as part of a domain name, as a metatag, keyword, or any other type of programming code or data. f. You cannot conduct fraud, pretend to be someone else, or mislead people about your identity. g. You cannot use the RT Content for any purposes other than creating Your Story and sharing the Podcast Episode as permitted by the Service; this includes using the RT Content in a way that could tarnish, disparage, or reflect adversely on such RT, the folks in charge of or appearing in the Podcast Episode, or anyone else that helps make the Services possible. h. You cannot create Service knockoffs, imitations, or similar looking logos, apps, or websites.
5. Suspending, Terminating & Modifying the Service a. We can restrict access to the Service or stop providing the Services whenever we think it’s necessary. b. We will update and upgrade the Service from time-to-time to offer you a better experience, enhance security, fix bugs, create new Service offerings, or for any other purpose. We may add or remove features and functionality if we see fit. Basically – if we think the Service can be improved, we will improve it.
6. What content does RT own? a. Any RT Content, including content owned by our licensors (aka Rights Holders as defined below) will always remain the property of the licensors or RT (as applicable), and you gain no ownership right in such underlying content by using the Service. You can only use the RT Content as the Services allow; you cannot take any RT Content away from the Service and use it for any other purpose. Or, as our lawyers put it: i. Unless expressly permitted by RT in writing or via the Service, you cannot sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any RT Content or any other Intellectual Property Rights owned by RT or its licensors parties (e.g. copyrighted subject matter, patented or patentable subject matter, etc.).
7. What content do I own? What permissions am I giving to RT? a. You retain ownership of all Intellectual Property Rights related to Your Story. i. “Intellectual Property Rights” means all patent rights, copyright rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any province, state, country, territory or other jurisdiction. b. If you opt-in to submit Your Story to be featured as part of the Remember This podcast series (the “Series”) through the Service or otherwise, you grant us the irrevocable right to use Your Story in any media around the world, for any purpose, for as long as we see fit. These grants of rights include (among other things) using Your Story in the Series, edited and intermingled with new elements that can include other people’s stories, new contributions from the host, or any other materials RT desires. i. Or, as our lawyers put it: You expressly grant to RT a multi-use, transferable, sublicensable, perpetual, irrevocable, non-exclusive, royalty-free, fully paid, worldwide licence to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, make derivative works of, and exhibit Your Story (including without limitation your statements, name, voice, and/or likeness that may be contained in Your Story), in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for any purpose whatsoever including without limitation use in connection with: (i) the Service, including without limitation promoting and redistributing part or all of the Service (and derivative works thereof); and (ii) RT’s activities, including without limitation publishing the Series. c. Regarding Your Story, you confirm, represent, and warrant that: i. Use of Your Story is truthful, does not violate any law (including defamation and libel laws), and does not infringe any rights of any third party (including Intellectual Property Rights); ii. If Your Story includes any Intellectual Property owned by a third party, you have received permission from that third party that, in turn, allows RT to use Your Story as described in these Terms; iii. No one is suing you or taking any other legal action that could prevent you from granting RT the right to use Your Story; and no one has threated to do any of those things either; iv. We have no responsibility to pay guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise; and v. Your Story meets the Community Guidelines. d. If we learn of a claim that is inconsistent with your confirmations, representations, or warranties, we will send you a written notice that gives you the necessary details. e. RT takes no responsibility and assumes no liability for any portion of Your Story that is created, posted, published, or distributed using the Service. You shall be solely responsible for Your Story and the consequences of creating, posting, publishing, and distributing it, and you agree that we are only acting as a conduit for your distribution and publication of Your Story as so permitted on the Service. f. While we aren’t required to, we may review, screen, and delete Your Story at any time if we think it may violate these Terms. You are responsible for Your Story that you send through the Services, including for back up of such content. g. If Your Story is alleged to be offensive, inappropriate for young people, unlawful or otherwise in breach of these Terms, you agree that RT may disclose such Your Story to law enforcement or other government authorities.
8. What happens to feedback I give to RT? We love to hear from you, and love to implement your feedback. It’s important you understand that if you send us any comments or ideas about the Service (“Ideas”) you agree to the following: a. Ideas will automatically become our property. b. We do not, and will not ever, need to pay you to use the Ideas. c. We can use the Ideas in any way we see fit. d. We don’t waive any right to use any similar or related idea that we already created or obtained.
10. How does RT secure my information? RT cares about the integrity and security of your personal information, and we always do our best to keep your personal information protected. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
12. Indemnity a. You agree to defend, indemnify and hold harmless RT and its subsidiaries, agents, licensors, managers, volunteers, developers, affiliated companies, and their respective employees, contractors, agents, officers and directors (the “RT Parties”) from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from: i. your use of and access to the Service, including any data or content transmitted or received by you; ii. your violation of any of these Terms, including your breach of any of the representations and warranties above; iii. your violation of any third-party right, including any Intellectual Property Rights; iv. your violation of any applicable law, rule, or regulation; or v. any claim or damages that arise because of Your Story or any content that is submitted viayour account. b. If RT suffers damages or claims relating to Your Story, your use of the Service, or your violation of these Terms, any laws, or any other individual’s rights, you are responsible for all costs.
13. No Warranty a. You use the Service as-is and at your own risk. We do not provide any guarantees with respect to the Service, the content on it, or any third party made available on it. Or, as our lawyers put it: i. The Service is provided on an “as is” and “as available” basis. Use of the Service is at your own risk. To the maximum extent permitted by applicable law, the Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Without limiting the foregoing the RT Parties and their licensors do not warrant that the content, including RT Content, Podcast Episode, or Your Story, is accurate, reliable or correct; that the Service will meet your requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the service. ii. RT does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and RT will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.
14. Limitation of Liability a. To the maximum extent permitted by applicable law, in no event shall RT Parties or their licensors be liable for any direct, indirect, punitive, incidental, special, consequential, or exemplary damages, including damages for loss of profits, goodwill, use, data or other intangible losses, that result from the use of, or inability to use, this Service, including your submission of Your Story or creation of a Podcast Episode. Under no circumstances will RT be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or your account or the information contained therein. b. To the maximum extent permitted by applicable law, RT assumes no liability or responsibility for any of the following: i. errors, mistakes, or inaccuracies of any content; ii. any defamatory or libelous statements made in Your Story or Podcast Episode; iii. personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our Service; iv. any unauthorized access to or use of our secure servers and/or all personal information stored therein; v. any interruption or cessation of transmission to or from the Service; vi. any bugs, viruses, trojan horses, or the like that may be transmitted to or through our Service by any third party; vii. any errors or omissions in any content or for any loss or damage incurred because of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or viii. Your Story, or the defamatory, offensive, or illegal conduct of any third party. c. In no event shall the RT Parties be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount you paid to RT hereunder or $100.00, whichever is greater. No action, regardless of form or nature, arising out of these Terms may be brought by you or on your behalf more than one year after the cause of action first arose. d. Notwithstanding anything to the contrary contained herein, RT shall not be liable for any damages, costs or losses arising because of modifications made to RT Content, Your Story, a Podcast Episode, or other content, any additions or combinations of those materials with other content, or the context in which those materials, or other content is used by you. e. This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if RT has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. f. The Service is controlled and operated from its facilities in the Province of Ontario and under the federal laws of Canada. RT makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own risk and are entirely responsible for compliance with all applicable Canadian and provincial laws and regulations.
15. Governing Law You agree that: a. The Service shall be deemed solely based in the Province of Ontario; b. These Terms shall be governed by, enforced under and interpreted in accordance with the laws of the Province of Ontario, without respect to its conflict of laws principles; and c. If we need to enforce our Intellectual Property Rights against you, you agree to have the issue resolved only in the applicable courts located in or most proximate to the City of Toronto.
16. General a. Headings, etc. The Section headings in the Terms are included solely for convenience of reference. They are not intended to be complete or accurate descriptions of the section contents and shall not affect the interpretation or be considered a part of these Terms. Any use of the word ‘including’ in these Terms means ‘including but not limited to.’ b. Survival. Upon termination for any reason or no reason, you continue to be bound by these Terms. c. Assignment. The agreement struck herein between you and RT, and any rights and licences granted hereunder, may not be transferred or assigned by you, but may be assigned by RT without restriction. Any attempted transfer or assignment in violation hereof shall be null and void. d. Notification Procedures and Changes to the Terms. i. RT may, in its sole discretion, modify or update these Terms from time to time; if we do so, we will give notice in advance on the Services (including updating the ‘last updated’ date at the top of the Terms). Your continued use of the Service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these Terms or any future Terms, do not use or access (or continue to access) the Service. ii. Subject to its compliance with applicable laws, RT is permitted to provide notifications, whether such notifications are required by law or legitimate business-related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by RT in our sole discretion; RT reserves the right to determine the form and means of providing notifications to our Users, if you may opt out of certain means of notification as described in these Terms; RT is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us; e. Entire Agreement/Severability. These Terms shall constitute the entire agreement between you and RT concerning the Service. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. f. No Waiver. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and RT’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. g. Contacting You. If we need to contact you about these Terms, you agree to receive electronic messages from us, and that such receipt satisfies all legal requirements as if they were in writing. h. Contact Us. Please contact us at firstname.lastname@example.org with any questions regarding these Terms. This section contains terms regarding the ability to transfer rights under these Terms, notification procedures and the interpretation of these terms.