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Terms of Service

Last updated September 1, 2024

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.

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 a “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.

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.

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.

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 and the Services, including, without limitation, a worldwide, non-exclusive right and license to (a) make copies, transcode, download and store on our servers all such copies of the Podcast Content, (b) reproduce and distribute Podcast Content, (c) encode, transcode, stream, make publicly available, publicly perform and distribute copies of the Podcast Content, (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: (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 of our trademarks, systems, technology, files, data or other information.

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.

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.

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.

Intellectual Property Rights

Each of the Website and the Services and each of their entire contents, features and functionality, 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.

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.
  • 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.
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website or the Services.

Additionally, you agree not to:

  • Use the Website or the Services in any manner that could disable, overburden, damage, or impair the site.
  • Use any robot, spider or other automatic device to access the Website for any purpose.
  • 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 malicious or technologically harmful material.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website.

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 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.

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. 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.
  • Be likely to deceive any person.
  • Promote any illegal activity, or advocate, promote or assist any unlawful act.

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

Disclaimer of Warranties and Limitation of Liability

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. 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) 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, resulting from your use of, or inability to use, 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.

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 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.

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. 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 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 Service. We may assign our rights or obligations under these Terms of Service to any of our affiliates, subsidiaries, or successors.