Terms Of Service

PodToo Terms of Service

Last Updated: August 30, 2023

1. Acceptance of Terms

By using the PodToo platform ("Service"), which is owned and operated by Radio Media PTY LTD, you are agreeing to be bound by the following terms and conditions ("Terms of Service"). PodToo reserves the right to update and change the Terms of Service from time to time without notice. Continued use of the Service after any such changes shall constitute your consent to such changes.

2. Description of Service

PodToo provides a platform for podcast and radio show distribution. This includes hosting, distribution, analytics, email newsletter campaigns, and other related services.

3. User Obligations

You agree to use the Service in compliance with all applicable laws and regulations. You are responsible for all activity that occurs under your account, including the content of the podcasts, radio shows, and email newsletters you distribute. Any use of our marketing tools to send spam will result in termination of your account.

4. Content Ownership

You retain all ownership rights to the content you upload to PodToo. However, by uploading content, you grant PodToo a worldwide, non-exclusive, royalty-free license to use, reproduce, distribute, and display your content in connection with the Service.

5. Prohibited Content

You agree not to distribute any content that is AI Generated audio/video, illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another's privacy, hateful, racially, ethnically, or otherwise objectionable, or adult (porn) in nature.

6. Payments

PodToo will bill you in your local currency where possible. If we do not support your local currency, billing will default to Australian Dollars (AUD). Payments will appear on your bank statement as Radio Media PTY LTD.

7. Suspension

Accounts will be suspended if payment has not been made within 30 days of invoice. To reactivate your account, you must clear all outstanding payments.

8. Privacy

Your use of the Service is subject to PodToo's Privacy Policy, which is incorporated into these Terms of Service by reference.

9. Termination

PodToo may terminate your access to the Service at any time, for any reason, and without warning. This may result in the forfeiture and destruction of all information associated with your account.

10. Warranty and Liability

The Service is provided on an "as is" and "as available" basis. PodToo makes no warranty that the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis. To the maximum extent permitted by law, PodToo will not be liable for any direct, indirect, incidental, special, consequential, or punitive damages resulting from your use of the Service.

11. Indemnity

You agree to defend, indemnify, and hold harmless PodToo, its officers, directors, employees, and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Service or your violation of these Terms of Service.

12. Governing Law

These Terms of Service shall be governed by the laws of Western Australia, without respect to its conflict of laws principles.

13. DMCA Takedown Requests

PodToo respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act (DMCA), we will respond promptly to claims of copyright infringement that are reported to the designated email address that we have provided below. If you are a copyright owner, or are authorized to act on behalf of one, please report alleged copyright infringements taking place on or through the Service by sending an email to legal@podtoo.com. Upon receipt of the notice, PodToo will take whatever action, in its sole discretion, it deems appropriate, which may include removal of the challenged content from the Service.

14. Music Licensing

All users uploading content that includes copyrighted music must also submit their music license and/or commercial agreement to PodToo alongside the respective content. The uploaded license/agreement must clearly specify: a) The address of your office. b) Comprehensive contact details as mandated.

Upon receiving a DMCA takedown request related to the copyrighted music you uploaded, PodToo will: a) Notify you and provide a copy of your license to the individual or company that issued the DMCA takedown request. b) If the license you've uploaded clearly authorizes the use of the disputed music, PodToo will notify the claimant to address the issue directly with you based on the terms of the uploaded license. c) However, if the uploaded license: i) Has expired, ii) Doesn't cover the specific artist in question, iii) Doesn't cover the record label that released the song, or iv) Doesn't cover the country from which the complaint originates, PodToo reserves the right to adjust the availability of the related episode and/or conceal it from public view, aligning with the claimant's request. Note that these actions do not constitute PodToo's agreement or recognition of the claim but are measures taken to address the situation until further clarity or resolution is achieved.

By using the PodToo platform, you are agreeing to be bound by the above terms and conditions. If you do not agree to these terms, please do not use the Service.

Contact Information

If you have any questions about these Terms, please contact PodToo at legal [at] PodToo dot com.