Welcome to the podiffy (owned and operated by TXTMRKT Corporation (hereinafter “podiffy” or “we”)) content management platform -- consisting of web sites, services, software applications and networks -- that allows for the distribution of information and collection of user-generated reviews concerning podcasts and other audio and video digital content distributed over the internet (the “podiffy Platform”). Terms for “podiffy” and the “podiffy Platform” apply to any site or mobile application owned and operated by TXTMRKT Corporation, including podiffy.com.
The podiffy Platform is not available to persons under the age of majority in their jurisdiction or to any users previously suspended or removed from the podiffy Platform by podiffy. If you are using or opening an account on the podiffy Platform on behalf of a company, entity, or organization (collectively “Subscribing Organization”), then you represent and warrant that you are an authorized representative of that Subscribing Organization with the authority to bind such organization to these Terms; and agree to be bound by these Terms on behalf of such Subscribing Organization.
By using the podiffy Platform, You represent that you meet the eligibility requirements in this Section. In any case, you affirm that you are over the age of 13, as the podiffy Platform is not intended for children under 13.
2. Privacy; Additional Terms.
3. Individual Features and Services.
When using the podiffy Platform, You will be subject to any additional posted guidelines or rules applicable to specific services and features which may be posted from time to time (the “Guidelines”). All such Guidelines are hereby incorporated by reference into these Terms.
4. Modification of these Terms.
podiffy reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms at any time. Please check these Terms and any Guidelines periodically for changes. Your continued use of the podiffy Platform after the posting of changes constitutes Your binding acceptance of such changes.
For any material changes to these Terms, such amended terms will automatically be effective ten days after they are initially posted on the podiffy Platform. We will always make a reasonable effort to notify You if we do change these Terms.
5. Digital Millennium Copyright Act.
Please note that since we respect authors’ and content holders’ rights, it is podiffy’s policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (the “DMCA”). podiffy may promptly terminate without notice any User’s access to the podiffy Platform if that User is determined by podiffy to be a “repeat infringer”.
A repeat infringer is a User who has been notified by podiffy of infringing activity violations more than twice and/or who has had their User Content or any other user-submitted content removed from the podiffy Platform more than twice.
Please note that in addition to being forwarded to the person who provided the allegedly illegal content, we may send a copy of your notice (with your personal information removed) to Chilling Effects ( www.chillingeffects.org ) for publication and/or annotation. You can see an example of such a publication at http://www.chillingeffects.org/fairuse/notice.cgi?NoticeID=16887 .
6 License Grant to Upload.
Subject to Your compliance with the terms and conditions set out in these Terms, podiffy hereby grants to You a personal, limited, non-exclusive, non-transferable, freely revocable license to use the podiffy Platform for the rating and reviewing of distributed audio and video content, including podcasts and specific episodes ("User Content").
User Content is uploaded at Your own risk. Notwithstanding anything to the contrary herein, podiffy does not guarantee that there will be no unauthorized copying or distribution of User Content nor will podiffy be liable for any unauthorized copying or usage of the User Content.
6.1 License Grant to Download.
Subject to Your compliance with the terms and conditions set out in these Terms, podiffy hereby grants to You a limited, non-exclusive, non-transferable, freely revocable license to view, download (including, without limitation download to a portable device), print, and have printed User Content for personal use subject to any express restrictions contained in the license under which such User Content is distributed.
6.2 Reservation of Rights.
podiffy reserves all rights not expressly granted in these Terms.
6.3 Prevention of Unauthorized Use.
podiffy will solely control the podiffy Platform and all features and functionality thereof and will have the right to modify, change, or amend the same at all times, in its sole discretion. podiffy reserves the right to exercise whatever lawful means it deems necessary to prevent or rectify unauthorized use (including the distribution of unauthorized content) of the podiffy Platform, including, but not limited to, technological barriers, IP mapping, directly contacting Your Internet Service Provider (ISP) regarding such unauthorized use, and seeking legal action against You.
podiffy reserves the right to remove or delete any particular piece of User Content from the podiffy Platform at any time, at its sole discretion, without cause and without notice to You. If podiffy removes any particular piece of User Content that you have generated, podiffy may provide (at podiffy’s sole discretion) to You a limited window of time in which to download such removed User Content.
7. User Content License Grant; Representations and Warranties.
7.1 Retention of Ownership
Subject to the licenses granted herein, You retain all of Your ownership rights in User Content owned by You.
7.2 License Grant to podiffy.
Unless otherwise agreed to in a separate written agreement between You and podiffy that was signed by an authorized representative of podiffypodiffy:
(a) By generating, distributing or disseminating User Content through the podiffy Platform, You hereby grant to podiffy a worldwide, non-exclusive, transferable, assignable, fully paid-up, royalty-free, license (with the right to grant and authorize sublicenses) to host, transfer, display, perform, reproduce, distribute, compress or convert for distribution, email, and otherwise exploit Your User Content, in any media formats and through any media channels, solely in order to publish and promote such User Content in connection with services offered or to be offered by podiffy. Such license will apply to any form, media, or technology now known or hereafter developed.
(b) Subject to these Terms (including, without limitation Section 13.3), the license granted by You in Section 7.2(a), above, terminates as to a specific piece of User Content once You remove or delete such User Content from the podiffy Platform. Notwithstanding the foregoing (or anything else to the contrary in these Terms) any sublicenses granted and/or authorized by podiffy with respect to Your User Content prior to Your removal of such User Content from the podiffy Platform shall survive any termination or expiration of the license granted in Section 7.2(a) above.
(c) By uploading User Content, You hereby warrant that Your User Content is free of any digital rights management, including any software designed to limit the number of times User Content may be copied or viewed.
7.3 License Grant to other podiffy users.
By distributing or disseminating User Content through the podiffy Platform, You hereby grant to each User that is authorized to access Your User Content a non-exclusive license to access and use Your User Content under the terms indicated by You when You uploaded such User Content. Notwithstanding the foregoing, You hereby grant to each User that is authorized to access You User Content at least a limited, non-exclusive, license to view, download (including, without limitation download to a portable device), transfer to any other devices after download, print and have printed such User Content for personal use in the manner contemplated by these Terms and the podiffy Platform.
The foregoing license granted by You terminates as to a specific piece of User Content once You remove or delete such User Content from the podiffy Platform provided, however, that User rights to such User Content arising out of distributions occurring on or prior to deletion of such User Content from the podiffy Platform survive any termination or expiration of the license granted in this section 7.3.
The services are offered by TXTMRKT Corporation, located at: TXTMRKT Corporation, P.O. Box 443, Carle Place, NY 11514, and email: [email protected]. If You are a California resident, You may have this same information emailed to You by sending a letter to the foregoing address with Your email address and a request for this information.
7.4 United States export controls.
You shall comply with all export control laws, regulations, and restrictions of the United States and applicable sovereign agency or authority regarding the export, re-export, transfer, release, and/or access of items subject to control, including but not limited to technical data, technical assistance, technology, software, source code, or any direct product.
This includes, but is not limited to, obtaining all required licenses and authorizations from the appropriate Government agencies. Relevant U.S. regulations include but are not limited to the State Department’s International Traffic in Arms Regulations and the Commerce Department’s Export Administration Regulations.
As these laws prohibit the release or access of technical data controlled under the ITAR to foreign persons, you are prohibited from posting any ITAR-controlled technical data and other applicable information, including any official Department of Defense documents, on podiffy.com that have not been authorized for public release by the appropriate Government agency.
It is your responsibility to ensure that you comply with these laws and do not post any item on podiffy.com that is not authorized for public release under the applicable laws, regulations, and restrictions. Your rights under these Terms are contingent on Your compliance with this provision.
7.5 Force majeure.
Neither party shall have any liability for any failure or delay resulting from any condition beyond the reasonable control of such party, including but not limited to governmental action or acts of terrorism, earthquake or other acts of God, labor conditions, and power failures.
7.6 Relationship between the parties.
The parties are independent contractors with respect to each other. This Agreement does not constitute and may not be construed as constituting a partnership or joint venture among the parties hereto, or an employee-employer relationship. No party shall have any right to obligate or bind any other party in any manner whatsoever, and nothing herein contained shall give, or is intended to give, any rights of any kind to any third parties.
Rights and remedies provided in this Agreement are cumulative and not exclusive of any right or remedy provided at law or in equity.