Terms of Service

Acceptance of the Terms of Service

Welcome to Introcast. The following terms and conditions apply to your use of introcast, including any content, functionality and services (“Services”) offered on or through introcast.io (the "Website").

We want to keep our relationship with you as lean and informal as possible, but please read these Terms of Service carefully before you start to use the site. By using the Website you accept and agree to be bound and abide by these Terms of Service.

The Services are provided by Ipurangi, Inc. (“Company”) organised under the laws of the State of Delaware, USA.

Should you disagree with some of the provisions herein, you can either leave the website, or contact us at hello@introcast.io.

Changes to these Terms of Service

Introcast is a work in progress, and we will update these Terms of Service from time to time in our sole discretion. Your continued use of the Website following the publishing of revised Terms of Service means that you accept and agree to the changes.Age requirements

General

By using this Website and the Services, you represent and warrant that you are at least the minimum age required in your country to consent to use the Website and the Services. If you are under the age of majority in your country you must have your parent or legal guardian’s permission to use the Website and the Services.

We make no claims that the Website or any of its content is accessible or appropriate. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website, you do so on your own initiative and are responsible for compliance with local laws.

Definitions

“Collected Data” means data collected by us by either connecting to the Sources on behalf of our users, or accessing uploaded data (for example, manually entered data or uploaded files) provided by our users. Collected Data does not include public data directly available via the Sources.

“Other Podcast Materials” means all content, including without limitation, the art, artwork, images, Podcast Music, text, photographs, videos, marketing materials and other related materials (including metadata) associated with the Podcast that is submitted or provided by or on behalf of the Podcast Creator or Podcast Creator Representative to Introcast in connection with these Terms of Service.

“Podcast” means a digital file (including, without limitation audio, video, text, etc.) that is made available to users on the Internet for distribution and/or downloading to a computer, portable media player or any other device that is typically available as a series, and includes each new installment thereof which can be received by users or subscribers automatically for distribution and playback.

“Podcast Content” means collectively, the Podcasts and Other Podcast Materials.

“Podcast Creator” or “you” means an individual podcast creator who registers for an Introcast account and/or uses the Services in any way. All references to an “Podcast Creator” or “you” are to be read as including any applicable Podcast Creator Representative.

“Podcast Creator Representative” means a person, company, or other legal entity (such as an agent, lawyer or manager) that has full legal authority to represent a Podcast Creator with regard to any activity undertaken on behalf of that Podcast Creator in connection with the Services.

“Source Account Information” means account credentials, such as login and password information, for accessing data from a specific Source.

“Sources” means online third-party data sites, services and sources, which may include app stores, as well as podcast hosting, digital distribution, analytics, advertising and monetization platforms.

Rights Granted to Introcast; Use of Collected Data

By using the Website or the Services, you expressly authorize us to access and use your Collected Data maintained by the Sources. We will submit your Source Account Information that you provide to us to access to the Sources.

For purposes of these Terms of Service and to provide Collected Data to you as part of the Services, you grant us a limited power of attorney, and appoint us as your attorney in-fact and agent, to access Sources, store your Source Account Information and retrieve and use your Collected Data with the full power and authority to do and perform each action necessary in connection with such activities, as you could do in person (including configuring the Services so that it is compatible with the Sources for which you submit your information). YOU ACKNOWLEDGE AND AGREE THAT WHEN WE ARE ACCESSING AND RETRIEVING COLLECTED DATA, WE ARE ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF A THIRD PARTY.

NOTWITHSTANDING THE FOREGOING, YOU FURTHER ACKNOWLEDGE AND AGREE THAT WE ARE NOT ACTING AS YOUR AGENT IF WE USE YOUR COLLECTED DATA IN OUR STATISTICAL MODELS.

Except as described herein, your specific set of Collected Data will not be provided to a third party in an identifiable form without your consent, unless we conclude that it is required by law, such as to comply with a subpoena or similar legal process, or when we believe in good faith that disclosure is necessary to protect our rights, implement a change of control transaction, protect your safety or the safety of others, investigate fraud, or respond to a government request.

In addition to the foregoing, you hereby grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensable and transferable right to use your Collected Data for internal purposes to operate and improve our Services for you and other customers, and to build and operate new services and products.

Upon your request, we will delete your account and associated account information (such as your contact details, email addresses and Source Account Information). While we will immediately cease any future collection of your Collected Data upon deletion of your account, any Collected Data that has already been included in the pool of data used by our Statistical Model will not be deleted. Additional information on our Deletion practices can be found in our Privacy Policy.

You acknowledge and agree that you have the authorization, or have obtained the authorization, to grant us all the rights required in these Terms of Service and our Privacy Policy.

License from Podcast Creator

Right to Host and Distribute Podcast Content. Podcast Creator grants to us all rights necessary to use the Podcast Content in connection with the Website, the Services, in search results, in the podcasts directory and for generation of mention clips in accordance with these Terms of Service, including, without limitation, a worldwide, non-exclusive right and license to (a) make copies, transcode, download and store on our servers or servers controlled by us all such copies of the Podcast Content, including any files that are linked to or referenced by the RSS Feed that is provided by the Podcast Creator and as may be required to distribute the Podcast Content to users as described herein, (b) reproduce and distribute Podcast Content, including via download to a user’s device and as a part of a subscription; (c) encode, transcode, stream, make publicly available, publicly perform and distribute copies of the Podcast Content, including the right to provide continued access to any Podcast Content to any users who previously downloaded a copy of that Podcast Content even if the content has been removed from the RSS Feed, in order to facilitate that user’s permanent ability to access the Podcast Content as authorized by these Terms of Service; (d) analyze, extract and process content and metadata from the Podcast Content in order to distribute such content on the Website and (e) use the Podcast Content for internal research, development and copyright measures such as content identification.

Reservation of Rights. Except for the license granted in these Terms of Service, as between us and Podcast Creator and in accordance with applicable law: (i) Podcast Creator will retain all rights, title and interest to the Podcast Content and (ii) we will retain all rights, title and interest in and to any our trademarks, systems, technology, files, data or other information. Except as expressly stated herein, these Terms of Service do not affect any right or defense that either party has under applicable law.

Accessing the Website and Account Security

Each of Introcast, the Website and the Services is always under development, meaning that features and services can change frequently. We reserve the right to withdraw or amend, even dramatically, this Website or the Services, and any service or material we provide on the Website or the Services, in our sole discretion without notice. Also, we will not be liable if for any reason all or any part of the Website or the Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website or the Services, or the entire Website or the Services, to users.

To access the Website and the Services you will have a user name, password or any other piece of information as part of our security procedures. You must treat such information as confidential, and you must not disclose it to any third party. You agree to immediately notify us of any unauthorized use of your user name or password or any other breach of security. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

In the future, you may be asked to provide certain additional registration details or other information. It is a condition of your use of the Website and the Services that all the information you provide on the Website and the Services is correct, current and complete.

We have the right to disable any user identification code or password, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including, if in our opinion, you have failed to comply with any provision of these Terms of Service.

Intellectual Property Rights

Each of the Website, the Services and each of their entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by us, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

If you use any part of the Website or the Services in breach of these Terms of Service, your right to use the Website and the Services will cease immediately and you must destroy any copies of the materials you have made.

You acknowledge that you have only a limited, non-exclusive, nontransferable license to use the Website.

Prohibited Uses

You may use the Website and the Services only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Website or the Services:

• In any way that violates any applicable federal, state, local or other law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries).
• To send, upload, download, use or re-use any material which does not comply with the Content Standards set below.
• To impersonate or attempt to impersonate us or any of our employees, another user, or another person or entity (including, without limitation, the use of e-mail addresses or screen names associated with or confusingly similar to any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website or the Services, or which, as determined by us, may harm us or users of the Website or the Services or expose them to liability, including but not limited to denial-of-service attacks.

Additionally, you agree not to:

• Use the Website or the Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website or the Services, including their ability to engage in real time activities through the Website.
• Use any robot, spider or other automatic device or manual, process or means to access the Website for any purpose, including to monitor or copy any of the material on the Website.
• Use any device, software or routine that interferes with the proper working of the Website or the Services.
• Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.

User Contributions and Legal Disclaimer

The Website contains user generated and uploaded images, videos, and content, and also may contain message boards, personal profiles, forums or other interactive features (collectively, "Interactive Services") that allow you to post, submit, publish, display or transmit to other users (hereinafter, "post") content or materials (collectively, "User Content") on or through the Website.

All User Content must comply with the Content Standards set out below.

We claim no intellectual property rights over the User Content or videos added to the Website or the Services. Your profile and materials uploaded remain yours. You represent and warrant that you own or control all rights in and to the User Content and have the right to grant us and our affiliates the license granted above. You represent and warrant that all of your User Content do and will comply with these Terms of Service, and you agree to defend, indemnify and hold harmless us and our affiliates and licensors for any breach of that representation and warranty.

You understand and acknowledge that you are responsible for any User Content you submit or contribute, and you, not us, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. Any content and/or opinions uploaded, expressed or submitted to the Website, and all articles and responses to questions and other content, other than the content provided by us, are solely the opinions and the responsibility of the person or entity submitting them and do not necessarily reflectour opinion. We are not responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the Website.

Monitoring and Enforcement of User Content

We have the right to:

• Remove or refuse to post any User Content for any or no reason in our sole discretion.
• Take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion if we believe that such User Content violates these Terms of Service, including the Content Standards, infringes any intellectual property right or other right, threatens the personal safety of users of the Website or the Services and the public or could create liability for us.
• Disclose user identities when required to do so by applicable law, including in response to a law enforcement request supported by a valid court order.
• Terminate your access to all or part of the Website or the Services for any or no reason, including without limitation, any violation of these Terms of Service.

You waive in respect of us and indemnify and hold us harmless from any claims resulting from any action taken by us during or as a result of its investigations and from any actions taken as a consequence of investigations by either us or law enforcement authorities.

We do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this paragraph.

Content Standards

These Content Standards apply to any and all User Content and the Services. User Content must comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Content must not:

• Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
• Infringe any patent, trademark, trade secret, copyright or other intellectual property rights of any other person.
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Service.
• Be likely to deceive any person.
• Promote any illegal activity, or advocate, promote or assist any unlawful act.
• Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
• Be used to impersonate any person, or to misrepresent your identity or affiliation with any person or organization.
• Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
• Give the impression that they emanate from us or any other person or entity, if this is not the case.

Copyright Infringement

If you believe that any User Content violate your copyright, please email us at hello@introcast.io for instructions on sending us a notice of copyright infringement . It is our policy of to terminate the user accounts of repeat infringers.

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

Disclaimer of Warranties, Limitations of Liability and Indemnification

Your use of Introcast, the Website and the Services is at your sole risk. The service is provided on an “as is” and “as available” basis. In particular, you acknowledge that technical support is only provided and only available via email, in English; that we use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Website; that the technical processing and transmission of the service, including User Content, may be transfered unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

We do not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the service will be corrected.

You expressly understand and agree that we shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Services; (v) or any other matter relating to the Services.

You agree to defend, indemnify and hold us harmless, our affiliates and licensors and their respective officers, directors, employees, contractors, agents, licensors and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) resulting from your violation of these Terms of Service or your use of the Website or the Services, including, without limitation, any use of the Website's content, Services and products other than as expressly authorized in these Terms of Service or your use of any information obtained from the Website.

Governing Law and Jurisdiction

These Terms of Service and any dispute or claim arising out of, or related to, them, their subject matter or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action or proceeding arising out of, or related to, these Terms of Service or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of California. You waive any and all objections to the exercise of jurisdiction over you other courts and to venue in such courts.

Waiver and Severability

Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service constitutes the entire agreement between you and us and govern your use of the service, superseding any prior agreements (including, but not limited to, any prior versions of these Terms of Service). If any provision of these Terms of Service is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms of Service will continue in full force and effect.

Feedback

We welcome any comment, question and communication (“Feedback”) at hello@introcast.io and you agree that we may use your Feedback without restriction or compensation to you.

Assignment

You are not permitted to assign or transfer any rights or obligations under these Terms of Services. We may assign its rights or obligations under these Terms of Service to any of our affiliates, subsidiaries, or successors.

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