Podsights Terms of Service

Effective as of 01.16.2019

1. TERMS

By accessing the website at podsights.com or pdst.fm (collectively, the “Site”) and/or using Podsights’ analytics services (the “Analytics Services”, together with the Site, the “Services”), you agree to be bound by these terms of service (the “Terms”), all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you may not use or access the Services. If you are using the Services on behalf of a company, entity or organization, you represent and warrant that you are an authorized representative of such company, entity or organization with the authority to bind it to these Terms. All materials contained in the Services are protected by applicable copyright and trademark law.

2. REGISTRATION & USE OF ANALYTICS SERVICES

In order to access and use the Analytics Services you must register for an account with us. As a condition of your use of the Analytics Services, you agree: (a) to provide true, accurate, current and complete information about yourself, your content and your business and (b) to maintain and update this information to keep it true, accurate, current and complete. You agree not to (a) license, sublicense, assign, sell, resell or transfer the Analytics Services or your use of or access to the Analytics Services, (b) use the Analytics Services on behalf or for the benefit of any third party, or (c) attempt to falsely manipulate the Analytics Services results in any way.

You are responsible for maintaining the confidentiality of your user name(s), password(s) and/or other tokens used to authenticate your use of the Analytics Services. You hereby take responsibility for all actions taken and all information submitted to us under your account, by you or any third parties, whether or not authorized. You agree to notify us immediately of any unauthorized or non-compliant use of your account and will cooperate with us to cease such use.

If you fail to comply with any of the above terms, we reserve the right to terminate your account and prohibit your use of the Analytics Services.

3. TERMINATION OF SERVICES

Podsights may terminate or suspend your access to the Services at any time, for any reason or no reason and without any liability to you. Upon termination, all licenses to access and use the Services are terminated. However, all licenses granted hereunder prior to such termination in connection with any Listener Data and Pixel Data, as well as provisions relating to disclaimers, limitations of liability, indemnification, ownership and arbitration, will survive such termination.

4. DATA OWNERSHIP

As part of our Analytics Services, we collect data from our Publisher’s (as defined below) listeners (i.e. download data, campaign information, etc.) (collectively, the “Listener Data”). As between Podsights and Publisher, Publisher shall retain ownership of all Listener Data; provided, however, that Publisher hereby grants Podsights an irrevocable, indefinite, fully paid up, royalty free worldwide license to the Listener Data in connection with the Analytics Services, including without limitation the right to use, copy, store, transmit, modify, display, and create derivative works of any such Listener Data, as well as the right to sublicense such Listener Data to Partners (as defined below) with Publisher’s prior written consent (click through consent sufficient).

As between Podsights and Partner, all data collected from Partner websites, apps, and other properties using the Podsights on-site javascript and pixel integrations (collectively, the “Pixel Data”) shall be owned by the Partner; provided, however, that Partner hereby grants Podsights an irrevocable, indefinite, fully paid up, royalty free worldwide license to Pixel Data in connection with the Analytics Services, including without limitation the right to use, copy, store, transmit, modify, display, and create derivative works of any such Pixel Data, as well as the right to sublicense such Pixel Data to Publishers with Partner’s prior written consent (click through consent sufficient).

“Publisher” shall mean any content creator, publisher or network to whom Podsights has granted use of the Analytics Services.

“Partner” shall mean any brand, agency or other partner who registers for an account with Podsights and installs the on-site javascript and/or pixel integrations in connection with the Analytics Services.

5. INTELLECTUAL PROPERTY

All trademarks, logos, and service marks displayed on the Site or via the Services are the property of Podsights or its licensors. You are not permitted to use these marks without our prior written consent or the consent of such third party who may own the marks.

As between you and Podsights, Podsights owns all right, title and interest in and to the Site and Analytics Services, including all marks, content, software, source-code, information or other intellectual property otherwise incorporated in and/or made available through the Services (“Podsights IP”). Any unauthorized use of any such Podsights IP may violate the copyright and other laws of the United States, other countries, as well as applicable state laws, and may subject you to penalties.

6. ACCURACY OF INFORMATION; WARRANTY

The materials appearing on Podsights’ website may include technical, typographical, or photographic errors. Podsights does not warrant that any of the materials on its website are accurate, complete or current. Podsights may make changes to the materials contained on its website at any time without notice. However Podsights does not make any commitment to update the materials.

By using the Site or Analytics Services, including any related software, content, and supported services offered by Podsights, you agree that any such use is entirely at your own risk. THE SERVICES ARE PROVIDED ON AN ‘AS IS’ BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, PODSIGHTS MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND HEREBY DISCLAIMS AND NEGATES ALL OTHER WARRANTIES INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS.

Further, Podsights does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the Services or on any websites linked to this Site.

7. LIMITATIONS ON LIABILITY

TO THE FULLEST EXTENT PERMISSIBLE BY LAW, IN NO EVENT SHALL PODSIGHTS OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, DAMAGES FOR LOSS OF DATA OR PROFIT, OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, MISUSE OR INABILITY TO USE THE SERVICES OR ANY BREACH OF ANY WARRANTY, EVEN IF PODSIGHTS OR A PODSIGHTS AUTHORIZED REPRESENTATIVE HAS BEEN NOTIFIED ORALLY OR IN WRITING OF THE POSSIBILITY OF SUCH DAMAGE.

8. INDEMNITY

You will indemnify and hold Podsights, its directors, officers, employees, agents, and representatives harmless, including costs and attorneys’ fees, from any claim or demand due to or arising out of your access to, use or misuse of the Services, your use of content that you link, submit, post, transmit or otherwise make available through the Services, your violation of these Terms, your infringement, or the infringement by any third party using your account information, of any intellectual property or other right of any person or entity, or your violation or the violation of any third party using your account information of any law or the rights of another.

Podsights has not reviewed all of the websites linked on its Site and is not responsible for the contents of any such linked website. The inclusion of any link does not imply endorsement by Podsights of such website. Use of any such linked website is at the user’s own risk.

10. MODIFICATIONS

Podsights may revise these Terms for its website at any time without notice. By using the Services you agree to be bound by the then current version of these Terms.

11. GOVERNING LAW

These terms and conditions are governed by and construed in accordance with the laws of Massachusetts and you irrevocably submit to the exclusive jurisdiction of the state and federal courts of Massachusetts.