about us

Your Acceptance

BY USING AND/OR VISITING THIS WEBSITE OR PODBEAN MOBILE APPLICATIONS(collectively, including all Content available through the Podbean.com domain name, the "Podbean Website", "Website", "Mobile Applications" or "Apps"), YOU SIGNIFY YOUR ASSENT TO THESE TERMS AND CONDITIONS (the "Terms of Service") AND THE TERMS AND CONDITIONS OF PODBEAN'S PRIVACY NOTICE. If you do not agree to any of these terms, then please do not use the Podbean Website or Apps. Podbean reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site or Apps following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Podbean grants you a non-exclusive, non-transferable, limited privilege to enter and use the Site.

Podbean Website

These Terms of Service apply to all users of the Podbean Website, including users who are also contributors of text, image, audio and video content, information, and other materials or services on the Website. The Podbean Website may contain links to third party websites that are not owned or controlled by Podbean. Podbean has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Podbean will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve Podbean from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Podbean Website and to read the terms and conditions and privacy policy of each other website that you visit.

Basic Terms

  1. You must be 13 years and older to use this site.
  2. Podbean is not for any content which may be deemed as pornography, defamatory, libelous, obscene, harassing, threatening, incendiary, abusive, racist, offensive, deceptive or fraudulent, encouraging criminal or harmful conduct, or which otherwise violates the rights of Podbean or any third party (including any intellectual property rights, privacy rights, contractual or fiduciary rights), or otherwise shows any person, entity or brand in a bad or disparaging light, without their prior explicit approval; If this describes your audios, videos, photos even if they are content of yourself, don't post them on Podbean.com.
  3. Respect copyright. Only upload media contents(audios, videos, photos etc) that you made or that you have obtained the rights to use. You represent and warrant that: (i) you own the Content posted by you on the Podbean Websites or otherwise have the right to grant the license, and (ii) your posted Content does not violate the privacy rights, publicity rights, copyright rights, or other intellectual property rights of any third party entity. You agree to pay for all royalties and fees owing any person by reason of any Content you post on the Podbean Websites.
  4. Podbean service makes it possible to post audios, videos, photos hosted on Podbean.com to outside websites. This use is accepted. However, pages on other websites which embed audios, videos, photos that hosted on podbean.com must provide a link back to Podbean.com from each embeded content to its Post page on Podbean.com. Free Account is intended for personal use ONLY. Professional or corporate users please use one of our paid services.

Violations of the Terms of Use may result in a warning notification or may result in termination of your account and deletion of all your post contents. We decide whether we believe your violation of our Terms of Use should result in termination of your account. If you have an account terminated you are prohibited from ever signing up for another account!

Podbean Service

As used herein, the term "Service" means any service provided by Podbean via the Site and mobile applications, including, but not limited to, the provision by Podbean to you of specified connectivity, storage space and bandwidth for the hosting of a your text, audio or video blog site by Podbean. You also understand and agree that the Service may include advertisements and that these advertisements are necessary for Podbean to provide the Service. You also understand and agree that the service may include certain communications from Podbean, such as service announcements, administrative messages and the Podbean Newsletter, and that these communications are considered part of Podbean membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Podbean properties, shall be subject to the term of service. You agree not to access the Service by any means other than through the interfaces that are provided by Podbean for use in accessing the Service. Furthermore, whenever these Terms of Use refer to your use of the Site, said use shall be meant to include, but not be limited to, your use of any Service offered by Podbean via the Site. You will not copy or distribute any part of the Website in any medium without Podbean's prior written authorization.

You will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose.

Podbean Free Podcast Hosting Service:
Podbean hereby grants you permission to use the Podbean Free Podcast Hosting service as set forth in this Terms of Service, provided that: (i) one user can only own one Podbean Free Account; (ii) your use of the Website as permitted is solely for your personal, noncommercial use; (iii)Podbean will not edit or alter your work. However, you agree to allow the Podbean or its agents to insert additional text, audio, video and other format multimedia advertisements to your file(s). (iv) you will otherwise comply with the terms and conditions of these Terms of Service.

Podbean Hosting Service Account

In order to use the Podbean Podcast hosting Service, you must subscribe to one of Podbean hosting services, get a valid podbean account ID and be a Account Holder. To be an Account Holder with your own Podcast Site, you must provide Podbean with name, email and other information ("Registration Data"). When creating your account, you must provide accurate and complete information. You may never use another's account without permission. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Podbean immediately of any breach of security or unauthorized use of your account. Although Podbean will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Podbean or others due to such unauthorized use.

Podbean Hosting Service Account Payment Terms

  1. Fees and Payment

    Some of the Services offered on Podbean website require payment of fees ("Charged Services"​​). If you elect to sign up for Charged Services, you shall pay all applicable fees, as described on Podbean website in connection with such Charged Services selected by you. Podbean reserves the right to change its prices at any time. You authorize Podbean directly or through third parties, to make any inquiries it considers necessary to validate your account and financial information that you provided while signing up for such Services.
    All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties. You agree to pay any such taxes that might be applicable to your use of the Services and payments made by you to Podbean.
    All fees related to using Charged Services are charged automatically on a recurring basis (monthly or annually) using the payment method as determined in Podbean website. If Podbean does not receive a request by the user, through the user's Podbean account page , for Charged Services termination you acknowledge and understand that Podbean will continue to charge you for the Charged Services as long as your account remains active regardless if the Charged Services are used or not.
    If, at any time, you contact your bank, credit card company, Paypal, Stripe or other payment service and decline or otherwise reject the charge of any payable fees, this act will be considered a breach of your obligation hereunder and your use of the Charged Services will be automatically terminated. Your use of the Charged Services will not resume until you re-subscribe for any such Charged Services.
    Users purchasing Charged Services shall pay any and all prices and fees due for such Services. All prices and fees are non-refundable, after a 7 day grace period, unless otherwise expressly noted, even if such Charged Services are suspended, terminated, or transferred prior to the end of the Services term. Users have 7 days after paying to cancel services in writing and request a full refund from Podbean (please note: users can also opt for a free Podbean account to try services prior to signing up for Charged Services). Podbean expressly reserves the right to change or modify its prices and fees at any time, and such changes or modifications shall be posted online at Podbean website and effective immediately without need for further notice to any user. Any changes or modifications in prices and fees shall be effective when the Services in question come up for renewal as further described below.
    IN ORDER TO ENSURE THAT YOU DO NOT EXPERIENCE AN INTERRUPTION OR LOSS OF SERVICES, HOSTING PLANS AUTOMATICALLY RENEW (ANNUALLY, OR MONTHLY DEPENDING ON YOUR SELECTION). THE AUTOMATIC RENEWAL OPTION AUTOMATICALLY RENEWS THE APPLICABLE SERVICE FOR A RENEWAL PERIOD EQUAL IN TIME TO THE ORIGINAL SERVICE PERIOD. FOR EXAMPLE, IF YOUR ORIGINAL SERVICE PERIOD IS FOR ONE YEAR, YOUR RENEWAL PERIOD WILL BE FOR ONE YEAR. WHILE THE DETAILS OF THE AUTOMATIC RENEWAL OPTION VARY FROM SERVICE TO SERVICE, THE SERVICES THAT OFFER AN AUTOMATIC RENEWAL OPTION TREAT IT AS THE DEFAULT SETTING. THEREFORE, UNLESS YOU CANCEL YOUR SUBSCRIPTION PODBEAN WILL AUTOMATICALLY RENEW THE APPLICABLE SERVICE WHEN IT COMES UP FOR RENEWAL, AND WILL TAKE PAYMENT FROM THE PAYMENT METHOD YOU HAVE ON FILE WITH PODBEAN AT PODBEAN’S THEN CURRENT RATES, WHICH YOU ACKNOWLEDGE AND AGREE MAY BE HIGHER OR LOWER THAN THE RATES FOR THE ORIGINAL SERVICE PERIOD. YOU MAY CANCEL YOUR SUBSCRIPTION FROM SUCH SERVICES PRIOR TO THE AUTOMATIC RENEWAL AT ANY TIME. IN SUCH EVENT THE SERVICES SHALL BE DISCONTINUED UPON THE EXPIRATION OF THE RESPECTIVE PERIOD YOU HAVE PAID FOR AND YOU SHALL NOT HAVE ANY CLAIMS TOWARDS PODBEAN IN RELATION TO THE DISCONTIUATION OF THE SERVICES.

  2. Cancelation and Termination

    Users may cancel their paid Podbean accounts within 7 days of payment for a full refund. After that time, all payments are final and cannot be refunded.
    If you cancel the Service before the end of the term, your cancellation will take effect immediately. After cancellation, you will no longer have access to your website and all information contained therein may be deleted by Podbean. Podbean accepts no liability for such deleted information or content. If your payment is invalid for any reason, the Service may be cancelled and all the information contained within deleted permanently. Podbean accepts no liability for information that is deleted due to a failed payment. You agree Podbean, in its sole discretion, may terminate your password, and/or account, and remove and discard any Content within the Service (including, but not limited to your Podcast Site if you are an Account Holder), for any reason, including and without limitation, the lack of use, or if Podbean believes that you have violated or acted inconsistently with the letter or spirit of the term of service. Any contracts, verbal or written or assumed, in conjunction with your deleted Podcast Site (as applicable) and all its parts, at Podbean's discretion, will be terminated as well. Podbean may also in its sole discretion and at any time, discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this term of service may be effected without prior notice, and acknowledge and agree that Podbean may immediately deactivate or delete your Podcast Site, as applicable, and all related information and files. Podbean reserves the right to bar any further access to such files or the Service. You agree that Podbean shall not be liable to you or any third-party for any termination of your access to the Service. Paid accounts that are terminated will not be refunded. Podbean's obligations, if any, with regard to its products and Service are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.

Podbean Podcast Advertising Marketplace

The Podbean Podcast Advertising Marketplace is created as a self-serve advertising platform that connects Podcasters and Advertisers. It enables advertisers to discover podcasts on which to advertise their products or services. It helps podcasters to get sponsorship and funding via advertisements.

  1. For Podcasters

    You are responsible and will always own the Podcasts you produce. Podbean is pleased that you have entrusted us to help monetize your podcasts and we have no intention and will not own any of your Podcasts or creative product. Podbean is simply a vehicle that connects you with advertisers and facilitates the process.

    Podbean's Podcast Advertising Agreement is not an exclusive commitment. You have the ability at any time to finalize any relationship you may have with Podbean. Podbean's Podcast Advertising Agreement does not prevent you from signing up with other ad networks or getting sponsors on your own. But if the sponsorship relationship originated through our platform, then all business transactions must occur within Podbean for one full year. This means any sponsor you find using our service, you must conduct business within our platform for up to one full year. Doing business with the sponsor outside of our platform before the full one year term commitment expires is strictly prohibited.

    Podbean Podcast Adverting Marketplace is a self-service platform. Podbean does not negotiate advertising terms on your behalf. You must negotiate yourself. You have the right to accept or reject any advertising opportunity presented to you.

    By reaching an advertise agreement with the advertiser, you are bound to the terms of the advertising campaign agreement. If you fail to continue your show during the term of the advertising agreement, or fail to meet the requirements of the advertising campaign as stated in the advertising campaign agreement accepted by you, then you are in breach of the advertising campaign contract. If you breach the advertising campaign contract, without cause, you agree to reimburse Podbean for any expenses, including legal fees and loss of revenue to Podbean that results from your breach of the contract.

    If the advertiser, advertising agency, or Podbean determines that your content is not appropriate, disparages, or diminishes the reputation of the advertiser and/or its products or services, Podbean may at its sole discretion, terminate the advertising contract with you. You are solely responsible for such damage caused to the advertiser and you agree to hold Podbean harmless for such damage and reimburse Podbean for any damages, expenses or legal fees Podbean incurs from such damage.

    You agree to keep the advertisements in the episode for a minimum of 90 days after the episode is published.

    CPM is used as a metric to evaluate the price of an advertise campaign. The actual advertisement payment is paid on the pre-agreed amount for each episode, not paid for actual CPM.

    Being listed on the Podbean Podcast Advertising Marketplace is free. However, if you get paid for an advertising campaign/sell a sponsorship package, we take an 18% commission fee. For instance you sell an advertising agreement for $100.00. We will keep $18.00 in fees, netting you $82.00.

    Payouts

    You need to create a Stripe account and connect it with your Podbean ads account to get advertising payment.

    We pay by installments for each episode marked published by you and approved by the advertiser. For instance: The agreement total amount is $500 and contains 5 episodes, you will be paid 5 times at $100 each when each episode is marked published and gets approved.

    The advertising funds will be sent to your Stripe account instantly after the advertiser approves your published episode and releases the payment.

  2. For Advertisers

    Podbean’s Podcast Adverting Marketplace is an online venue for advertisers seeking opportunities to advertise on podcasts. Each podcast is owned and operated by the Podcast creators (Podcasters). Podbean is not responsible or to be held accountable for the information listed on the marketplace. The information about a Podcast may not be truthful and may not be verified, and it is the advertiser's responsibility to seek out verification from the podcaster.

    CPM is used as a metric to evaluate the price of an advertising campaign. The actual advertisement payment is the pre-agreed amount for each episode, not paid by actual CPM.

    By reaching an advertising agreement with a Podcaster, you are bound to the terms of the agreement.

    Advertisers will be required to authorize payment when making an agreement. The advertising payment will be charged when the episode is marked published by the podcaster and gets approved by the advertiser. If you don’t take any action, the episode will be automatically approved and payment released in 7 days.

    Advertising payments are solely based on the agreement created by you and accepted by you and the Podcaster. Any portion of a payment not disputed in good faith must be paid in full. If you fail to make payments, then you are in breach of the advertising campaign contract. Late payments will be charged in your account. Late payments bear interest at the rate of 1.5% per month (or the highest rate permitted by law, if less). You will pay (i) all taxes and other government charges and (ii) reasonable expenses and attorneys' fees Podbean incurs in collecting late payments.

Podbean Crowdfunding

In these Terms, we refer to those raising funds as "Creators" and to their fundraising campaigns as "Campaigns." We refer to those contributing funds as "Patrons" and to the funds they contribute as "Pledges". Campaign Owners, Patrons and other visitors to the site are referred to collectively as "Users."

  1. Podbean as venue only

    Podbean Crowdfunding service is an online crowdfunding venue for Creators seeking to raise funds for their own Campaigns and to contribute to the Campaigns of others. Creators can offer rewards in the form of tangible items or intangible services (collectively, "Rewards") to Patrons.

    Podbean Crowdfunding service is a communications platform for enabling connections between Users. Podbean.com does not take part in the interaction between Users. Podbean.com does not have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of any ratings provided by Users, content provided by Users, nor of the integrity, responsibility or any of the actions or omissions whatsoever of any Users. Podbean.com does not have control over the quality, timing or legality of content delivered by its Users. Podbean.com makes no representations about the suitability, reliability, timeliness, or accuracy of the content requested and provided by Users identified through the service whether in public, private, or offline interactions. Podbean.com cannot confirm that each User is who they claim to be. Podbean.com does not assume any responsibility for the accuracy or reliability of this information or any information provided through the service.

    When interacting with other Users you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other persons whom you don’t know. NEITHER PODBEAN.COM NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICE. PODBEAN.COM AND ITS AFFILIATES AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE SERVICE.

  2. Transactions/disputes

    Users of the service sponsor other Users. Podbean.com will not be a party to any contracts for services. Podbean.com facilitates these contracts by supplying a medium for the exchange of money. Payment will be processed at the 1st day of each month. Once the payment is transferred to Creators , it can not be refunded. A Patron may contact the Creator for any refunds.

    Creators are legally bound to perform on any promise and/or commitment to Patrons (including delivering content and any rewards). Creators who create rewards chosen by Users are required to provide those rewards. If a Creator is unable to perform on any promise and/or commitment to Patrons, the Creators will work with the Patrons to reach a mutually satisfactory resolution, which may include the issuance of a refund of Patrons by the Creators. Podbean is under no obligation to become involved in disputes between Creators and Patrons, or Users and any third party. In the event of any dispute, such as a Creator's alleged failure to comply with the Terms or alleged failure in delivering content or fulfillment of a Reward, we may provide the Creator's contact information to the Patron so that the two parties may resolve their dispute.

  3. Fees/payment:

    Podbean Crowdfunding is free to set up for Creators and for Patrons to donate. Podbean takes 5% from pledges collected (there are additional Stripe credit card fees of 2.9% + $0.30 per transaction).

    Patrons are charged for pledges on the 1st of each month. Once the payments are processed, they will be shown in creators’ account balance. The creator can withdraw the balance from the account at any time by clicking "pay out total balance." The money will be sent to the Creator’s Paypal account.

Podbean Premium Podcast Service Terms

  1. Fees and Services
    Podbean charges 15% transaction fees for using our Premium Podcast service.
  2. Content License
    When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future. (We need these rights to host and display your content.)
  3. Liability
    You will not hold Podbean responsible for other users' actions or inactions, including things they post. You acknowledge that we are not a traditional online retailer. Instead, the Sites are a venue to allow anyone to offer, sell, and buy just about anything, at anytime, from anywhere, in a variety of pricing formats and venues, such as stores, fixed price formats, paid subscription formats and auction-style formats. We are not involved in the actual transaction between buyers and sellers. We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction. We do not transfer legal ownership of items from the seller to the buyer. Unless the buyer and the seller agree otherwise, the buyer will become the item's lawful owner upon physical receipt of the item from the seller. Further, we cannot guarantee continuous or secure access to our services, and operation of the Sites may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of our Sites. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. Regardless of the previous paragraph, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total fees you paid to us in the 12 months prior to the action giving rise to the liability, and (b) $100.
  4. Release
    If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

Intellectual Property Rights ( What's Yours is Yours)

By agreeing to place your material on our site, you recognize that it may also appear on search engines, in an open media registry, and on our partners' sites, including the Internet Archive, a Web repository primarily for researchers, historians and scholars. You hereby grant to Podbean a non-exclusive, royalty-free, worldwide right and license for so long as you use the Site to do the following to the extent necessary in the performance of Services under this Agreement: digitize, convert, install, upload, select, order, arrange, compile, combine, synchronize, use, reproduce, store, process, retrieve, transmit, distribute, publish, publicly display, publicly perform and hyperlink Your Content; and make archival or back-up copies of Your Content. Except for the rights expressly granted above, Podbean is not acquiring any right, title or interest in or to Your Content, all of which shall remain solely with you.

Copyright Infringement; Claims Thereof

Podbean respects the intellectual property rights of others, and we ask our users to do the same. As such, you are expressly forbidden from using in any unauthorized use of copyrighted material or music covered under the umbrella of the Recording Industry Association of American or similar authority in Your Content, including, but not limited to, any broadcast of yours syndicated by podbean via the Site. You affirm that you own the rights to the material you are placing on the Podbean site, have obtained the proper clearances to do so, or have the right to share it under well-accepted fair use standards. You agree that the material you are publishing on Podbean does not violate copyright, trademark or patent laws, is not pornographic, plagiaristic or defamatory, is not spam, and does not violate anyone's privacy rights. We reserve the right to remove material that we determine in our sole discretion violates these Site Rules. We also reserve the right to terminate the membership of anyone who violates these rules.

If you believe your work has been copied in a way that constitutes infringement on the Site or via the Service offered through the Site, please provide the following information to podbean at contact@podbean.com:

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  2. a description of the copyrighted work that you claim has been infringed;
  3. a description of where the material that you claim is infringing is located on the site;
  4. your address, telephone number, and email address;
  5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Once podbean receives your notice, it will thoroughly investigate the matter and respond to you with its results, in no event later than 30 days after receipt of your notice.

Website Access

You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Website in a manner that sends more request messages to the Podbean servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser. Notwithstanding the foregoing, Podbean grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Podbean reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.

Service Level Agreement

  • PodBean warrants to Customer that commercially reasonable efforts will be made to maintain the online availability of the Service for a minimum of availability in any given month as provided in the chart below (excluding maintenance outages, force majeure, and outages that result from any Customer technology issues);

    Availability Warranty Credit
    - 99 - 95% = 10% of monthly fee.
    - Less than 95% = 25% of monthly fee.

  • Limited Remedy. Customer’s exclusive remedy and PodBean’s sole obligation for its failure to meet the SLA in above will be for PodBean to provide a credit for the applicable month, as provided in the chart above (if this service is not renewed, then a refund), for the month; provided that Customer notifies PodBean of such breach within 30 days of the end of that month.

Indemnification

  • General. You will defend, indemnify, and hold harmless us, our affiliates and licensors, and each of their respective employees, officers, directors, and representatives from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to any third party claim concerning: (a) your or any End Users’ use of the Service (including any activities under your PODBEAN account and use by your employees and personnel); (b) breach of this Agreement or violation of applicable law by you or any End User; (c) Your Content or the combination of Your Content with other applications, content or processes, including any claim involving alleged infringement or misappropriation of third-party rights by Your Content or by the use, development, design, production, advertising or marketing of Your Content; or (d) a dispute between you and any End User. If we or our affiliates are obligated to respond to a third party subpoena or other compulsory legal order or process described above, you will also reimburse us for reasonable attorneys’ fees, as well as our employees’ and contractors’ time and materials spent responding to the third party subpoena or other compulsory legal order or process at our then-current hourly rates.

  • Process. We will promptly notify you of any claim subject above, but our failure to promptly notify you will only affect your obligations in above section to the extent that our failure prejudices your ability to defend the claim. You may: (a) use counsel of your own choosing (subject to our written consent) to defend against any claim; and (b) settle the claim as you deem appropriate, provided that you obtain our prior written consent before entering into any settlement. We may also assume control of the defense and settlement of the claim at any time.

Disclaimers.

THE SERVICES ARE PROVIDED "AS IS." WE AND OUR AFFILIATES AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE SERVICES OR THE THIRD PARTY CONTENT, INCLUDING ANY WARRANTY THAT THE SERVICES OR THIRD PARTY CONTENT WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENT, INCLUDING YOUR CONTENT OR THE THIRD PARTY CONTENT, WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED. EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE AND OUR AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE.

Limitations of Liability.

IN NO EVENT SHALL PODBEAN, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA), EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH: (A) YOUR INABILITY TO USE THE SERVICES, INCLUDING AS A RESULT OF ANY (I) YOUR USE OF OR ACCESS TO THE SERVICES, (II) OUR DISCONTINUATION OF ANY OR ALL OF THE SERVICES, OR, (III) WITHOUT LIMITING ANY OBLIGATIONS UNDER THE SLAS, ANY UNANTICIPATED OR UNSCHEDULED DOWNTIME OF ALL OR A PORTION OF THE SERVICES FOR ANY REASON, INCLUDING AS A RESULT OF POWER OUTAGES, SYSTEM FAILURES OR OTHER INTERRUPTIONS; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (c) ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY YOU IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE SERVICES; OR (D) ANY UNAUTHORIZED ACCESS TO, ALTERATION OF, OR THE DELETION, DESTRUCTION, DAMAGE, LOSS OR FAILURE TO STORE ANY OF YOUR CONTENT OR OTHER DATA. IN ANY CASE, OUR AND OUR AFFILIATES’ AND LICENSORS’ AGGREGATE LIABILITY UNDER THIS TERM WILL BE LIMITED TO THE AMOUNT YOU ACTUALLY PAY US UNDER THIS AGREEMENT FOR THE SERVICE THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS PRECEDING THE CLAIM.

PODBEAN PRIVACY POLICY

Registration Data and certain other information about you is subject to our Privacy Policy, the terms of which are incorporated into this Term of Services by reference.

GOVERNING LAW; DISPUTE RESOLUTION

You agree that all matters relating to your access to or use of the Site or any of its Content, including all disputes, will be governed by the laws of the United States and by the laws of the State of Delaware without regard to its conflicts of laws provisions. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorney's fees. In the event of any controversy or dispute between Podbean and you arising out of or in connection with your use of the Site of any of its Content, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.


The information contained in this web site is subject to change without notice.

Podbean Tech LLC, 501 Silverside Rd, Suite 105, Wilmington, DE 19809