Welcome to Podbean, a website and mobile application (the “App”) operated by Podbean Tech LLC (the “Company”).
Please review these Terms carefully. By accessing or using the Site or App, you show you agree to these Terms. If you don’t agree to these Terms, you may not access or use the Site or App.
ABOUT THE SITE
The Site allows you to host, listen to and/or view, and monetize podcasts (the “Service”).
We collect additional information depending on your role.
Advertisers need to provide:
- Company Name
- Contact Person’s Name
- Telephone Number
- Company Description
- Company Logo
- Payment Information
Customers paying via invoice or wire transfer need to provide:
- Company Name
- Company Address
- Contact Name
- Contact Email
- Telephone #
You will also be asked to create a password.
Also, please note that the Site is under constant development. New features may be added frequently, so it’s important to check back to this page for updates.
You will be required to provide the Company and/or its Billing Service Provider with information regarding your credit card or other payment method. You represent and warrant that such information is true and that you are authorized to use the payment method.
You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date). You hereby authorize the Company to bill you in accordance with the terms of your plan until you terminate your account, and you agree to pay any charges so incurred. If you dispute any charges you must notify the Company within thirty (30) days after the date that you are billed.
You can terminate your use of the Service, change your password, and otherwise manage your account using the Site and App.
We reserve the right to change the Company’s fees. If the Company does change its fees, the Company will provide notice of the change on the Site or App or in email to you, at Company’s option, at least 14 days before the change is to take effect. Your continued use of the Service after the fee change becomes effective constitutes your agreement to pay the changed amount.
If you are not satisfied with the Company’s hosting service or need to cancel for whatever reason, you may provide notice of cancellation and request a refund for within seven (7) days (the “Refund Period”) of having paid or activated such Service. After the Refund Period, the fees you’ve paid are non-refundable and non-cancellable.
The Company's hosting services automatically renew (annually, or monthly depending on your selection). You may cancel your payment subscription of Charged Services prior to the automatic renewal at any time. In this case, the Charged Services shall be discontinued upon the expiration of the respective period you have paid for.
Fair Usage Policy
For Podbean plans supporting unmetered disk space or data transfer (bandwidth), we do not have defined limitations. These resources are "unmetered", meaning you are not billed according to the amount of disk space or bandwidth used. While of course these resources are not infinite, we believe our customers should have all the resources necessary to run a podcast and 99.9% of customers will have more than enough disk space and bandwidth to meet their needs.
We regularly examine customer bandwidth and disk space utilization data in a series of statistical analyses and use the results to define "normal". Although these tests vary from month to month, one thing remains constant: 99.9% of our customers fall into "normal" range. If your account's bandwidth or disk space utilization causes any concern, you might experience slow downloading.
If you as an individual signed up for a plan using your corporate email domain or in the name of a business entity (“Customer”), that entity is our customer and “you” in these Terms refers to that Customer entity except where otherwise specified. Customer can modify and re-assign roles on your podcasts (including an individual’s role) and otherwise exercise its rights under the Terms. If Customer elects to replace you or another individual as the representative with ultimate authority for the podcasts, we will provide notice to the email you used to sign up for the Service, following such election, and you as an individual agree to take any actions reasonably requested by us or Customer to facilitate the transfer of authority to a new representative of Customer.
Individuals authorized by Customer to access the Site (an “Authorized User”) may submit User Content (as defined below) and provide us with instructions on what to do with such User Content. For example, Customer may create or delete a podcast, manage permissions, change settings, add or delete authorized users, or set podcasts to be public or private.
Customer will (a) inform Authorized Users of all Customer policies and practices that are relevant to use of the Site and of any settings that may impact the processing of User Content; and (b) ensure the transfer and processing of User Content under the Terms is lawful.
If your organization signed a business service or SaaS agreement with Company, that agreement may be different from these Terms below. Please contact your organization’s admin or legal department for details.
Customer grants Company the right to use Customer’s company/podcast name and logo as a reference for marketing or promotional purposes on Company’s website and in other public or private communications with our existing or potential customers, subject to Customer’s standard trademark usage guidelines as provided to us from time-to-time.
We only want to list customers who want to be listed, so Customer may send us an email to firstname.lastname@example.org if they do not wish to be referenced.
CONTENT AND RESTRICTIONS
You may provide text, images, software, logos, videos and/or other material, including third party content (“User Content”) that you share using the Site.
Your User Content belongs to you (or to the relevant third parties). However, you grant the Company the following non-exclusive license: a worldwide, transferable and sub-licensable right to use, copy, modify, distribute, publish, and process, information and your User Content that you provide through the Site, without any further consent, notice and/or compensation to you or others.
Other users may access and share your User Content and information, via the Site, social media, email, and otherwise.
If you wish us to remove your User Content from the Site, please send an email to email@example.com and we will do so within ten business days of receiving your request. (However, we may retain copies of your User Content, not accessible to the public, on our backup servers even after you request removal.)
You are solely responsible for the User Content that you make available via the Site. We do not make an initial review of the content you publish and we are merely providing you a platform for your online distribution and for the publication of your User Content.
The following rules pertain to User Content. By transmitting and submitting any User Content while using the Site, you agree to the following:
- You are solely responsible for your account and the activity that occurs while signed in to or while using your account;
- You will not post information that is malicious, false or inaccurate;
- You will not submit any User Content that 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 the Company or any third party (including any intellectual property rights, privacy rights, contractual or fiduciary rights).
- You will not submit User Content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such User Content, or unless your use of the content is within the scope of fair use;
You will not use the personal data of any individuals that did not consent on such use, and you will comply with all your obligations as data controller of the personal data you use (under any applicable rules, including the European General Data Protection Regulation), accepting sole liability for any data protection breaches and agreeing to indemnify us, and hold us harmless, for any claim made against us on the grounds of a data protection violation committed by you or in relation to your User Content;
- Complying with your obligations as data controller include using personal data of third parties only for lawful purposes, obtaining express consent or relying on other available processing grounds; ensuring the accuracy and correctness of the data you share; comply with any requests from the data subjects to access, correct and remove any such data; comply with security obligations. Please refrain from using personal data of third parties in your content if you cannot ensure compliance with the applicable laws.
- You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Site is solely your responsibility.
The Company is not responsible for any public display or misuse of your User Content. The Company does not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we, or technology we use, may monitor and/or record your interactions with the Site.
USE OF THE SITE
You need to be at least 13 years old to use the Site.
You hereby affirm we have the right to terminate your account with or without prior notice.
Your permission to use the Site is conditioned upon the following restrictions and conditions.
You agree that you will not:
- use, display, mirror or frame the Site or any individual element within the Site, Company’s name, any Company trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page or within the App, without Company’s express written consent;
- access, tamper with, or use non-public areas of the Site, Company’s computer systems, or the technical delivery systems of Company’s providers;
- attempt to probe, scan or test the vulnerability of any Company system or network or breach any security or authentication measures;
- avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Company or any of Company’s providers or any other third party (including another user) to protect the Site;
- use any meta tags or other hidden text or metadata utilizing a Company trademark, logo URL or product name without Company’s express written consent;
- use the Site, or any portion thereof, for any commercial purpose or for the benefit of any third party other than as permitted by these Terms;
- forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site to send altered, deceptive or false source-identifying information;
- collect or store any personally identifiable information from the Site or from other users of the Site without their express permission;
- impersonate or misrepresent your affiliation with any person or entity;
- sublicense, resell, rent, lease, transfer, assign, time share, or otherwise commercially exploit or make the Site available to any third party;
- use the Site for any unlawful purpose or for the promotion of illegal activities;
- use the Site to attempt to, or harass, abuse or harm another person or group;
- use another user’s account without permission;
- interfere or attempt to interfere with the proper functioning of the Site;
- make any automated use of the Site, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
- attempt to decipher, reverse engineer, decompile, or disassemble any portion of the Site or the software used to provide the Service;
- bypass any robot exclusion headers or other measures we take to restrict access to the Site or use any software, technology, or device to scrape, spider, or crawl the Site or harvest or manipulate data;
- publish or link to malicious content intended to damage or disrupt another user’s browser, computer, or mobile device;
- encourage or enable any other individual to do any of the foregoing.
MONITORING AND COMPLIANCE
Although the Company is not obligated to monitor access to or use of the Site or to review or edit any Content, we have the right to do so for the purpose of operating the Site, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to the Site or any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
Generally. We may suspend your or any End User’s right to access or use any portion or all of the Service Offerings immediately upon notice to you if we determine:
(a) your or an End User’s use of the Service Offerings: (i) poses a security risk to the Service Offerings or any third party, (ii) could adversely impact our systems, the Service Offerings or the systems or Content of any other AWS customer, (iii) could subject us, our affiliates, or any third party to liability, or (iv) could be fraudulent;
(b) you are, or any End User is, in breach of this Agreement;
(c) you are in breach of your payment obligations; or
(d) you are in breach of copyrights
Effect of Suspension. If we suspend your right to access or use any portion or all of the Service Offerings:
(a) you remain responsible for all fees and charges you incur during the period of suspension; and
(b) you will not be entitled to any service credits under the Service Level Agreements for any period of suspension.
You acknowledge and agree that the Company and its licensors retain ownership of all intellectual property rights of any kind related to the Site (except for User Content), including applicable copyrights, trademarks, and other proprietary rights. The Company reserves all rights that are not expressly granted to you under these Terms.
We welcome and encourage you to provide feedback, comments, and suggestions for improvements of the Site (“Feedback”). You may submit Feedback by emailing us at firstname.lastname@example.org. You acknowledge and agree that if you submit any Feedback to us, you hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable (through several tiers) and transferable license under any and all intellectual property rights that you own or control in relation to the Feedback to use, reproduce, view, communicate to the public by any means, print, copy (whether onto hard disk or other media), edit, translate, perform and display (publicly or otherwise), distribute, redistribute, modify, adapt, make, sell, offer to sell, transmit, license, transfer, stream, broadcast, create derivative works from, and otherwise use and exploit the Feedback for any purpose.
You agree to indemnify, defend, and hold harmless the Company from any and all claims, liabilities, expenses, and damages, including reasonable attorneys' fees and costs, made by any third party related to: (a) your use or attempted use of the Site in violation of these Terms; (b) your violation of any law or rights of any third party; or (c) User Content, including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights.
COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT
If you discover that someone else has posted material belonging to you via the Site without your permission, please note the following.
(a) Termination of Repeat Infringer Accounts. The Company respects the intellectual property rights of others and requests that the users do the same. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, the Company has adopted and implemented a policy that provides for the termination in appropriate circumstances of users of the Site who are repeat infringers. The Company may terminate access for participants or users who are found repeatedly to provide or post protected third-party content without necessary rights and permissions.
(b) DMCA Take-Down Notices. If you’re a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Site infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) (“DMCA”) by sending the following information in writing to the Company’s designated copyright agent at email@example.com:
- The date of your notification;
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by a single notification, a representative list of such works at the Site;
- A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and/or email address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(c) Counter-Notices. If you believe that your User Content that has been removed from the Site is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above:
- Your physical or electronic signature; A description of the content that has been removed and the location at which the content appeared before it was removed;
- A statement that you have a good faith belief that the content was removed as a result of mistake or a misidentification of the content;
- Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in Delaware and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Company copyright agent, the Company may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may (in the Company’s discretion) be reinstated on the Site in 10 to 14 business days or more after receipt of the counter-notice.
ONLINE CONTENT DISCLAIMER
Opinions, advice, statements, offers, or other information or User Content made available through the Site, but not directly by the Company, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such User Content.
The Company does not guarantee the accuracy, completeness, or usefulness of any information on the Site and neither does the Company adopt nor endorse, nor is the Company responsible for, the accuracy or reliability of any opinion, advice, or statement made by parties other than the Company. The Company takes no responsibility and assumes no liability for any User Content that you or any other user or third-party posts or sends over the Site. Under no circumstances will the Company be responsible for any loss or damage resulting from anyone’s reliance on information or other User Content posted on the Site, or transmitted to users.
USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM
For contractual purposes, you (a) consent to receive emails via the email address you have submitted when you sign up on the Site; and (b) agree that all Terms, agreements, notices, disclosures, and other communications that the Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.
The Company may also use your email address to send you other messages, including information about the Company and Site and special offers. You may opt out of such email by changing your account settings or sending an email to firstname.lastname@example.org.
THE SITE AND SERVICE ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SITE AND SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR UPLOADING, DOWNLOADING, AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL SENT TO OR OBTAINED FROM THE SITE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.
LIMITATION OF DAMAGES; RELEASE
FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SITE; (C) THE SITE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SITE AND SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH THE COMPANY OR ANY OTHER USER OF THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), FRAUD, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL COMPANY’S LIABILITY TO YOU EXCEED 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.
SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.
The Company can amend these Terms at any time. It’s your responsibility to check the Site from time to time to view any such changes. If you continue to use the Site, you show your agreement to our revisions to these Terms. Any changes to these Terms (other than as set forth in this paragraph) or waiver of the Company’s rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of the Company. No purported waiver or modification of these Terms by the Company via telephonic or email communications shall be valid.
If any part of these Terms is held invalid or unenforceable, that portion of the Terms will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of the Company to enforce any provision of these Terms will not be considered a waiver of our right to enforce such provision. Our rights under these Terms will survive any termination of these Terms.
You agree that any legal action related to or arising out of your relationship with the Company must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
These Terms and your use of the Site and Service are governed by the federal laws of the United States of America and the laws of the State of Delaware without regard to conflict of law provisions.
You agree to resolve any claims relating to these Terms or the Site through final and binding arbitration. Any arbitration will be conducted by the American Arbitration Association (AAA) under its commercial arbitration rules. The arbitration will be held in New York, New York.
ARBITRATION MUST BE ON AN INDIVIDUAL BASIS. THIS MEANS NEITHER YOU NOR THE COMPANY MAY JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER USERS, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
If you attempt to bring any legal action against the Company based in any way on the Site you agree that, in the event you do not prevail or the Company does prevail, you will reimburse the Company for any costs and attorneys’ fees associated with its defense of the action.
Podbean Podcast Advertising Marketplace (PPAM)
The Podbean Podcast Advertising Marketplace (PPAM) is a self-serve advertising platform that advertisers can use to place dynamically inserted ads on podcasts.
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.
Use of PPAM is not an exclusive commitment. You have the ability at any time to finalize any relationship you may have with Podbean and opt out of PPAM. Joining the Podbean Podcast Advertising Marketplace does not prevent you from signing up with other ad networks or getting sponsors on your own.
PPAM is a self-service platform. Podbean does not negotiate advertising terms on your behalf. You have the right to accept or reject any advertising opportunity presented to you. You can set your settings to manually approve each ad opportunity or opt in automatically, but can opt out anytime. You can also determine your notification settings.
CPM is used as a metric to determine the price of advertising. In the PPAM, Ad CPM means the price per one thousand downloads of the Ad. The actual advertisement payment is paid on CPM for verified downloads where ads are dynamically inserted. Ad downloads may be different than your overall downloads numbers due to the specifications of the campaign. You may accept multiple opportunities for each of your ad slots.
Joining PPAM is free. Podbean takes a 30% fee for ads run on your podcast through PPAM.
Podcasts using free Podbean hosting plans agree to be supported by PPAM advertising and will not receive any revenue from ads while using ad-supported free hosting services. If your podcast is not hosted with Podbean, you must be approved to join PPAM.
You need to add your Paypal account information to get advertising payments. The month’s ad payments balance will be paid out on the 15th of the following month. You can view statistics for your ad campaigns in the dashboard to see the number of ad downloads served.
Podbean’s PPAM platform 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 and cannot be held accountable for the information listed or the content of the podcasts.
PPAM serves dynamically inserted ads per your campaign specifications. Advertisers provide company/product information, ads copy and an audio file to be inserted. The system also provides an option for Podbean to get your advertisement professionally recorded if you prefer, for a fee. Advertisers can specify target geographies and categories. PPAM will match podcasts to the campaign and advertisers can select/unselect podcasts from the list (and they can be removed at any time during the campaign).
PodAds is a dynamic podcast ad insertion platform provided by Podbean. Podcasters can launch, manage, and stop ad campaigns on their podcasts by themselves via PodAds. Podcasters control their ad creative, set their ad slots, determine when ads run, set geo targeting and other specifications. Podbean does not own or control any content and does not manage advertiser payments.
Podbean charges $1 per thousand ad downloads served in PodAds, as measured by Podbean’s IAB-certified analytics. These charges are strictly for ads served via PodAds, and do not reflect hosting charges or any other services a podcaster may use. The podcaster must provide a form of payment to start the campaign to cover the charges. The service is charged weekly when the amount is larger than USD $10. There are no additional fees or revenue sharing. Podcasters can stop their campaigns at any time.
Podbean Patron Program
The Podbean Patron Program allows you to raise funds for your podcasts. In the Podbean Patron Program, 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."
Podbean as venue only
Podbean’s Patron Program 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’s 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.
Users of the service sponsor other Users. Podbean.com will not be a party to any contracts for services. All patron payments will be paid to Creators directly. Once the patron’s payment is transferred to Creators, it can not be refunded by Podbean. A Patron needs to 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.
The Podbean Patron Program service is available for Podbean Unlimited Plus and above plan users. There is no setup fee. Podbean takes 5% from pledges collected. There are additional Stripe credit card fees of 2.9% + $0.30 per transaction.
Podbean Premium Podcast Service Terms
You represent and warrant that:
- You own or control distribution rights to the Podcast and have the full right, power and authority to sell the Podcast content;
- You are an authorized account holder of a current user account on Podbean;
- The sale and distribution of the Podcast will not violate any applicable law or infringe upon or otherwise violate the intellectual property, proprietary or other rights of any person or entity, including contractual rights, copyrights, trademarks, common law rights, rights of publicity or privacy or moral rights;
- You will be solely responsible for, and will pay, any third parties any royalties that they are owed with respect to the exercise of the rights granted to Podbean.
Premium Podcast Content License
When you upload your premium podcast on Podbean, 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.)
Podbean will have the right to use and distribute any cover art, graphics, images, or other artwork related to the Podcast that you provide to Podbean ("Artwork") and the title and description of the Podcast in any media for purposes of advertising and promoting the Podcast and/or the Podbean service.
There are 2 fees for the Podbean Premium podcast service.
- Podbean charges 20% transaction fees for using our Premium Podcast service.
- Your premium podcasts are sold on Podbean iOS and Android Apps. There is a 30% transaction fee that will be charged by the Apple app store or Google Play store.
Therefore, you will get 50% profit from your premium podcast sales. For example, if your premium podcast price is USD$10, you will receive USD$5 for each sale.
Your premium podcast income for the month will be processed in the following month and then paid out on the 5th of the next month (or following business day). For example, your October premium income will be paid on December 5th or the following business day. Please note that the minimum amount for payout is $20.
Withholding of Payout
If you are in breach of any of your obligations to Podbean ("Breach") or if a third party has asserted that you did not have all rights required to grant the rights that you grant to Podbean ("Third Party Claim"), the sales of the Podcast will continue to accrue, but Podbean is entitled to withhold the premium podcast payout until you fix the Breach or fully resolve the Third Party Claim. You will notify Podbean of any Breach or Third Party Claim of which you are aware within 5 days after you learn of the Breach or Third Party Claim. Further, Podbean is entitled to offset amounts that you owe Podbean related to a Podcast against any premium podcast payout Podbean owes you on the applicable Podcast.
Virtual Currency and Goods in Podbean Apps
On Podbean Apps, we offer virtual currency and goods, such as Golden Beans and Pod Points. Golden Beans will be used to purchase your premium podcast on the Podbean Apps.
Users can spend USD$1 to purchase 7 Golden Beans. 7 Golden Beans=50 PodPoints. Hosts can cash out these points to their Paypal account. 100 PodPoints are worth USD$1.
APPLE APP STORE ADDITIONAL LICENSE TERMS
If the App is provided to you through the Apple Inc. (Apple Inc. together with all of its affiliates, “Apple”) App Store, the following terms and conditions apply to you in addition to all the other terms and conditions of these Terms:
a) The parties acknowledge that Apple has no obligation to furnish any maintenance or support services with respect to the App.
b) If any of the terms and conditions in these Terms are inconsistent or in conflict with Apple’s applicable instructions for Minimum Terms for Developer’s End User License Agreement, located at https://www.apple.com/legal/internet-services/itunes/appstore/dev/minterms/ (the “Apple EULA Terms”) or the App Store Terms and Conditions, located at https://www.apple.com/legal/internet-services/itunes/ca/terms.html (the “Apple App Store Terms”) as of the Effective Date, the terms and conditions of the Apple EULA Terms or Apple App Store Terms, as applicable, will apply to the extent of such inconsistency or conflict.
GOOGLE PLAY ADDITIONAL LICENSE TERMS
a) You acknowledge that Google is not responsible for providing support services for the App.
YouTube Terms of Service
NOTICE FOR CALIFORNIA USERS
Under California Civil Code Section 1789.3, California users are entitled to the following specific consumer rights notice: Current rates for the Service are at https://www.podbean.com/podcast-hosting-pricing. You may contact us at email@example.com. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.