Terms of Service

2.1 Age Requirements

You must be at least 13 years old to use the Service. If you are between 13 and 18 years old (or the age of legal majority in your jurisdiction), you may only use the Service with the consent and supervision of a parent or legal guardian who agrees to be bound by these Terms.

2.2 Geographic Restrictions

The Service is controlled and operated from the United States. We make no representation that the Service is appropriate or available for use in other locations. If you access the Service from outside the United States, you do so at your own risk and are responsible for compliance with local laws.

2.3 Capacity to Accept Terms

By using the Service, you represent and warrant that:

• You have the legal capacity to enter into these Terms
• You are not prohibited from using the Service under applicable laws
• You will comply with these Terms and all applicable laws

3.1 Account Creation

To access certain features of the Service, you may need to create an account. When creating an account, you must:

• Provide accurate, current, and complete information
• Choose a unique username that does not violate anyone's rights
• Create a strong password and keep it confidential
• Promptly update your account information if it changes
• Not impersonate any person or entity

3.2 Account Security

You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to:

• Immediately notify us of any unauthorized use of your account
• Ensure that you log out from your account at the end of each session
• Not share your account credentials with third parties
• Accept responsibility for all activities conducted through your account

3.3 Account Restrictions

You may not:

• Create multiple accounts for yourself
• Create an account on behalf of another person without their permission
• Transfer or sell your account to another person
• Use automated means to create accounts

4.1 Prohibited Activities

• Illegal Activities: Use the Service for any unlawful purpose or to violate any laws
• Unauthorized Access: Attempt to gain unauthorized access to the Service, other users' accounts, or our systems
• Interference: Interfere with or disrupt the Service or servers/networks connected to the Service
• Malicious Code: Upload, post, or transmit viruses, malware, or any other malicious code
• Data Mining: Use automated tools to scrape, crawl, or extract data from the Service
• Circumvention: Bypass any technological measures we use to protect the Service
• Reverse Engineering: Reverse engineer, decompile, or disassemble any part of the Service

4.2 Prohibited Content

You may not upload, post, or share content that:

• Infringes on intellectual property rights
• Contains hate speech, harassment, or bullying
• Promotes violence or illegal activities
• Contains sexually explicit or pornographic material
• Includes personal information of others without consent
• Is spam, advertising, or promotional material
• Impersonates another person or entity
• Contains false or misleading information

4.3 Consequences of Violations

Violation of this Acceptable Use Policy may result in:

• Removal of content
• Temporary or permanent suspension of your account
• Legal action and cooperation with law enforcement
• Liability for damages caused by your actions

5.1 Our Content

The Service and its original content, features, functionality, design, logos, trademarks, and other intellectual property are owned by Podcast Website and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

All podcast content available through the Service is owned by the respective podcast creators or their licensors. We do not claim ownership of podcast content hosted on our platform.

5.2 License to Use the Service

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to:

• Access and use the Service for personal, non-commercial purposes
• Stream and listen to podcast content available through the Service
• Download content where explicitly permitted

This license does not include any right to:

• Reproduce, redistribute, or create derivative works
• Sell, rent, lease, or sublicense the Service or content
• Remove or modify any copyright notices or proprietary markings

5.3 DMCA Copyright Policy

We respect the intellectual property rights of others. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:

• A description of the copyrighted work that you claim has been infringed
• The location on the Service where the infringing material is located
• Your contact information
• A statement that you have a good faith belief that the use is unauthorized
• A statement that the information in your notice is accurate
• Your physical or electronic signature

Copyright Agent:
Email: dmca@podcastwebsite.com
Address: DMCA Agent, Podcast Website, Inc., 123 Podcast Lane, San Francisco, CA 94102

6.1 Your Content

The Service may allow you to create, submit, post, or share content such as reviews, comments, ratings, playlists, and other materials ("User Content"). You retain all ownership rights to your User Content.

6.2 License Grant

By submitting User Content to the Service, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to:

• Use, reproduce, modify, adapt, and publish your User Content
• Display and distribute your User Content in connection with the Service
• Create derivative works based on your User Content
• Use your User Content for promotional and marketing purposes

This license continues even if you stop using the Service, but only for User Content that has been shared with other users.

6.3 Your Responsibilities

You represent and warrant that:

• You own or have the necessary rights to submit your User Content
• Your User Content does not violate these Terms or any applicable laws
• Your User Content does not infringe on the rights of third parties
• You will not submit false, misleading, or deceptive content

6.4 Content Moderation

We reserve the right, but are not obligated, to:

• Monitor, review, and moderate User Content
• Remove or refuse to publish any User Content that violates these Terms
• Take action against users who violate these Terms

We do not endorse any User Content or guarantee its accuracy, quality, or reliability.

7.1 Subscription Plans

We may offer paid subscription plans that provide access to premium features. Subscription details, including pricing and features, are described on our website.

7.2 Billing and Payments

• Payment Authorization: By providing payment information, you authorize us to charge the subscription fee to your payment method
• Automatic Renewal: Subscriptions automatically renew at the end of each billing period unless cancelled
• Price Changes: We may change subscription prices with 30 days' advance notice
• Payment Methods: We accept credit cards, debit cards, and other payment methods as indicated
• Taxes: You are responsible for any applicable taxes

7.3 Cancellation and Refunds

• Cancellation: You may cancel your subscription at any time through account settings
• Effect of Cancellation: Cancellation takes effect at the end of the current billing period
• Refunds: We generally do not provide refunds for partial subscription periods
• Free Trials: If you cancel during a free trial, you will not be charged

7.4 Failed Payments

If your payment method fails or your account is past due, we may:

• Suspend or downgrade your access to premium features
• Attempt to charge alternative payment methods on file
• Terminate your subscription after multiple failed attempts

8.1 Service Availability

• The Service will be uninterrupted, timely, secure, or error-free
• The Service will be available at all times or any particular time
• Any defects or errors will be corrected
• The Service is free from viruses or harmful components

8.2 Content Accuracy

• We make no warranty regarding the accuracy, completeness, or reliability of any content
• Podcast content is provided by third parties and we do not endorse or verify its accuracy
• We are not responsible for the content, opinions, or actions of podcast creators or other users

8.3 Third-Party Services

The Service may contain links to third-party websites or services. We have no control over and assume no responsibility for the content, privacy policies, or practices of third-party websites or services.

9.1 Types of Damages

• Indirect Damages: Any indirect, incidental, special, consequential, or punitive damages
• Lost Profits: Loss of profits, revenue, data, or business opportunities
• Service Interruption: Damages arising from inability to use the Service
• Third-Party Content: Damages arising from third-party content or conduct
• Data Loss: Loss or corruption of data or content

9.2 Maximum Liability

In any event, our total liability to you for all claims arising out of or related to these Terms or the Service shall not exceed the greater of:

• The amount you paid us in the 12 months preceding the claim, or
• One hundred dollars ($100.00)

9.3 Basis of the Bargain

These limitations reflect the allocation of risk between the parties. The limitations will apply even if any limited remedy fails of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

11.1 Termination by You

You may terminate your account at any time by:

• Following the account deletion process in your account settings
• Contacting our support team

11.2 Termination by Us

We may suspend or terminate your account and access to the Service, without prior notice or liability, for any reason, including if you:

• Breach these Terms
• Engage in fraudulent or illegal activities
• Violate the Acceptable Use Policy
• Have been inactive for an extended period
• Request termination of your account

11.3 Effect of Termination

Upon termination:

• Your right to use the Service will immediately cease
• We may delete your account and all associated data
• You will no longer have access to any content or data stored in your account
• Any outstanding payment obligations remain in effect
• Sections of these Terms that by their nature should survive termination will continue to apply

12.1 Informal Resolution

Before filing a claim, you agree to try to resolve the dispute informally by contacting us at legal@podcastwebsite.com. We will try to resolve the dispute informally by contacting you via email.

12.2 Binding Arbitration

If we cannot resolve the dispute informally, any dispute arising out of or relating to these Terms or the Service will be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except as modified by these Terms.

The arbitration will be conducted in English in San Francisco, California, unless we agree otherwise.

12.3 Class Action Waiver

YOU AND PODCAST WEBSITE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

12.4 Exceptions

Either party may seek equitable relief in court for infringement or other misuse of intellectual property rights.

12.5 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.

General Inquiries

• Email: legal@podcastwebsite.com
• Support: support@podcastwebsite.com
• Contact Form: Submit an inquiry

Legal Notices

For legal notices, copyright claims, or other legal matters:

• Legal Department: legal@podcastwebsite.com
• DMCA Agent: dmca@podcastwebsite.com
• Mailing Address:
  Podcast Website, Inc.
  Attn: Legal Department
  123 Podcast Lane
  San Francisco, CA 94102
  United States