Podnation - Terms and conditions

Terms & Conditions

Effective as of 23 February 2024

Introduction

Service provider
  • Podnation.co (“Podnation”) is a website owned by HLM Business, LLC, a registered company in Florida, US, and company number 27-1312352.
  • Podnation.co is a website that provides an innovative platform and tools to assist podcasters in creating the best possible experience for their listeners. Below are the Terms and Conditions by which this website is governed.
  • By using Podnation, you agree to these Terms and Conditions and are bound by them. If you fail to comply with the Terms and Conditions in this policy, your use of our website may be terminated.
Age Restriction

Users must be 18 years old or older. We do not willingly sell our product to consumers under 18 and will not be responsible if a sale is made to anyone below this age limit.

Data & Privacy

The site’s use is also governed by Cookie and Privacy Policies, which are incorporated into these Terms of Use by this reference.

Podnation, as a Data Controller, acts in accordance with the laws of the State of Florida. For further information, please view the Privacy Policy. However, Podnation is not responsible for the collection, storage, and processing of data carried out by its users. All Podnation users must comply with all applicable Data Protection Laws and Regulations in their jurisdiction(s).

Services and Fees

Provisions of Service

We offer various options at Podnation. Some are provided for free ("Free Subscriptions"), while others require payment before access ("Premium Subscriptions").

We use reasonable efforts to keep the Podnation operational and to provide you with a high-quality experience. However, Podnation reserves the right to occasionally change our service offerings and their availability without notice or liability to you. We retain the right to make changes to our service offerings at any point in time without prior notice or liability to you. For example:

  • Podnation may occasionally face brief disruptions due to technical challenges, scheduled maintenance, testing phases, or updates necessary to comply with changes in applicable laws and regulatory mandates.
  • Our goal is to enhance and develop Podnation continually. To achieve this, we may adjust, pause, or discontinue any aspect of Podnation, including specific functions, features, subscription models, and promotional offerings, either permanently or temporarily.
Purchases
  • If you wish to purchase on our site, the site will guide you through the purchase process.
  • A subscription confirmation email will be sent to you shortly after processing your purchase.
  • If Podnation does not accept or cannot fulfill a user’s order for any reason, no payment will be taken. If Podnation has taken payment without the order being successful, any such sums will be refunded as soon as possible, in any event within 30 days.
Payment & Refunds
  • Payment for our services can be found on our pricing page https://podnation.co/pricing
  • Failure to pay an invoice will result in a plan change from Premium to Free.
Links to third-party Sites

Links to third-party sites may be included on the site. If you follow a link from Podnation to a third-party site, our Terms and Conditions will not apply and will be terminated when you exit our site. We recommend that if you leave our site through a third-party link, you read their Terms and Conditions before proceeding to browse, use, or interact with the other site.

Content and Intellectual Property Rights

  • Podnation has full rights, ownership, or license in the intellectual property provided on this website. No content on the Podnation site shall be copied or duplicated in any manner. Any breach of Podnation’s intellectual property rights will be pursued under the appropriate intellectual property laws or regulations.
  • Users who upload intellectual property to the Podnation site grant a limited non-exclusive license to Podnation of such intellectual property for the period the consumer is using the Podnation platform.
  • Podnation users retain intellectual property rights in the materials they create and upload. It is the user’s sole responsibility to verify the ownership and legal rights to use any intellectual property placed on the platform. Podnation will not be liable for any user's breach of another’s intellectual property rights.
  • Podnation users are welcome to share, upload, or otherwise contribute content to the Podnation platform. To clarify, the users’ content encompasses all types of information, materials, and other content that users add, create, upload, submit, distribute, or post through Podnation.
  • You bear exclusive responsibility for any content that you share.
  • You affirm that regarding any content you contribute to Podnation:
    • You own or have secured the necessary rights to share such content.
    • The sharing of content and its utilization by Podnation under the provided license do not breach these terms, including the Podnation User Guidelines and any applicable laws, or infringe on the intellectual property or other rights of any third party.
    • It does not suggest any association with or endorsement by Podnation or any artist, band, label, or other individual or entity without explicit written approval from Podnation or the concerned individual or entity.
  • The site's use is also governed by a Copyright Policy, which is incorporated into these Terms and Conditions by this reference.
  • When posting or sharing content or any information on Podnation, it is important to remember that such content and information will be publicly available and may be utilized and redistributed by others both within Podnation and across the internet. We advise exercising discretion when sharing on Podnation and encourage you to be attentive to your account settings. Podnation does not assume responsibility for content or information posted or shared by you or any other users on the platform.
  • Podnation reserves the right, though is not obligated, to oversee or evaluate users’ content. We hold the authority to delete or restrict access to any content at our discretion, for any reason or no reason. Such measures may be undertaken without prior notice to you.
  • Please be aware that the content you encounter, including how it is selected and arranged, may be shaped by commercial factors within Podnation. This includes agreements Podnation has established with third-party entities.
  • Certain content, such as podcasts or shows, that is licensed to, created by, provided to, or made available by Podnation may include advertising or promotional messages.
  • You consent that Podnation (1) uses the processor, bandwidth, and storage hardware on your Device to facilitate the operation of Podnation, (2) provides advertising and other information to you, and (3) allows our business partners to do the same.

User Conduct and Obligations

  • By using our site, you agree to be bound by our Terms and Conditions.
  • If you upload, download, or stream malicious software onto or from our site, your use of our site will be terminated. We are not responsible for any malware that may be on our site.
  • If you upload, download, or stream inappropriate content onto or from our site, your use of our site will be terminated. We are not responsible for any inappropriate content which may be found on our site.
  • Visitors must not attempt to gain unauthorized access to any part of the site, the server on which the platform is stored, or any other server, computer, or database connected to the site.
  • Any and all such breaches will be reported to the relevant law enforcement authorities, and Podnation will cooperate fully with those authorities by disclosing the breacher's identity to them.
  • Using Podnation, you agree to host only podcasts you own or have the right to post. Failure to comply may result in termination of service.
  • Podnation will not tolerate rude, abusive, or discriminatory language from users toward staff or other users. Users who persist with such behavior may be removed from the platform.

Problems and Disputes

Suspending and terminating Podnation service
  • These terms remain in effect until they are terminated by either you or Podnation. Podnation reserves the right to terminate these terms (including any supplementary Terms and Conditions) or suspend your access to our service at any point, should we determine that you have violated any of these terms, in the event that we cease to offer our service or a significant part thereof, or if such action is deemed necessary to adhere to applicable law.
  • Should these terms be terminated by you or Podnation, or if your access to our service is suspended, Podnation shall bear no liability or obligation towards you. Furthermore, except as explicitly stated in these terms, Podnation will not issue refunds for any payments already made by you. You have the option to terminate these terms at any moment, which would result in your inability to access or use our service thereafter. To cancel your Podnation account, you must reach out to Podnation directly at [email protected].
Warranty Disclaimers
  • Our service is offered to you "as is" and "as available" without any warranties, whether express, implied, or statutory. Moreover, Podnation, along with all content owners, disclaims all explicit, implied, and statutory warranties relating to the content, including but not limited to warranties of satisfactory quality, merchantability, suitability for a particular purpose, and non-infringement. Neither Podnation nor any content owner assures that our service or its content will be free from malware or other harmful elements.
  • Podnation does not endorse, warrant, or take responsibility for any third-party applications, user content, devices, or any products or services advertised, promoted, or made available by a third party on or through Podnation or any linked website, nor does it take responsibility for any transactions between you and such third-party providers.
  • No advice or information, whether oral or written, obtained from Podnation will establish any warranty not expressly made herein. While engaging with Podnation, you might encounter explicit content filtering features, but please be aware that these features may not screen out all explicit content, and you should not solely depend on them to filter explicit content. This disclaimer applies to the maximum extent allowed by applicable law.
Indemnification

You agree to indemnify and protect Podnation against any damages, losses, and expenses of any nature (including reasonable legal fees and costs) that arise from or are related to (1) your violation of these terms, including any additional Terms and Conditions associated with Podnation; (2) any content you share or contribute; (3) your participation in any activities within or through the Podnation; and (4) your infringement of any laws or the rights of third parties.

Limitation of Liability

The statistics shown on our site are measured as accurately as possible. We will not be liable for this inaccuracy if they are incorrect to any degree.

Podnation will not be held liable for any of the actions of its users using the Podnation platform except to the extent of enforcing the provisions of these Terms and Conditions.

Law and Jurisdiction

Any disputes concerning these Terms of Use, the relationship between users, visitors, and Podnation, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of Florida, US.

Additional Considerations

Changes to these Terms and Conditions

Podnation may alter these Terms of Use at any time. If Podnation does so, details of the change will be highlighted at the top of this page. Any such changes will become binding on all visitors upon each site's first use after implementation. All visitors are, therefore, advised to check this page from time to time.

Severability

If any of the provisions of these Terms and Conditions are found to be unlawful, invalid, or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.