PodRoom End-User License Agreement

The PodRoom User Agreement comprises these Terms of Service, our Privacy Policy, the Podroom End-User License Agreement, and all incorporated policies.

These Terms apply to all visitors, users, and others who access or use the Service. By accessing or using the Service, downloading the application or signing up, you agree to be bound by these Terms. If you disagree with any part of the Terms of this Agreement, then do not download, sign up or use the Application and you may not access the Service. Please read this End-User License Agreement carefully before signing up or using PodRoom application or services.

 

License

PodRoom grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the Application solely for your personal, non-commercial purposes strictly in accordance with the terms of this Agreement.

 

Restrictions

You agree not to, and you will not permit others to:

 

a) license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Application or make the Application available to any third party.

 

Modifications to Application

 

PodRoom reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to you.

IF YOU ARE A PodRoom USER LOCATED IN THE UNITED STATES OR CANADA,these Terms of Service (“Terms”) govern your access to and use of our services, including our various websites, SMS, APIs, email notifications, applications, buttons, widgets, ads, and commerce services that link to these Terms (collectively, the “Services”), and any information, text, links, graphics, photos, audio, videos, or other materials or arrangements of materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”). By using the Services you agree to be bound by these Terms.

Who may use the services

You may use the Services only if you agree to form a binding contract with PodRoom and are not a person barred from receiving services under the laws of the applicable jurisdiction. In any case, you must be at least 17 years old to use the Services. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so and have the authority to bind such entity to these Terms, in which case the words “you” and “your” as used in these Terms shall refer to such entity.

Privacy

Our Privacy Policy (https://www.podroom.live/privacy-policy) describes how we handle the information you provide to us when you use our Services. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States, Ireland, and/or other countries for storage, processing and use by PodRoom and its affiliates.

Content on the services

You are responsible for your use of the Services and for any Content you provide, including compliance with applicable laws, rules, and regulations. You should only provide Content that you are comfortable sharing with others.

Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. All Content is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content.

We reserve the right to remove Content that violates the User Agreement, including for example, copyright or trademark violations, impersonation, unlawful conduct, or harassment. Information regarding specific policies and the process for reporting or appealing violations can be found in our Help Center (https://www.podroom.live/faq).

If you believe that your Content has been copied in a way that constitutes copyright infringement, please report this by visiting support@podroom.live.

Licenses; Intellectual Property Rights

You retain your rights to any Content you submit, post or display on or through the Services. What’s yours is yours — you own your Content (and your incorporated audio, photos and videos are considered part of the Content).

By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed). This license authorizes us to make your Content

available to the rest of the world and to let others do the same. You agree that this license includes the right for PodRoom to provide, promote, and improve the Services and to make Content submitted to or through the Services available to other companies, organizations or individuals for the syndication, broadcast, distribution, promotion or publication of such Content on other media and services, subject to our terms and conditions for such Content use. Such additional uses by PodRoom, or other companies, organizations or individuals, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services.

PodRoom has an evolving set of rules for how ecosystem partners can interact with your Content on the Services. These rules exist to enable an open ecosystem with your rights in mind. You understand that we may modify or adapt your Content as it is distributed, syndicated, published, or broadcast by us and our partners and/or make changes to your Content in order to adapt the Content to different media.

You represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for any Content that you submit, post or display on or through the Services. You agree that such Content will not contain material subject to copyright or other proprietary rights, unless you have necessary permission or are otherwise legally entitled to post the material and to grant PodRoom the license described above.

Using the services

Devices and Software. You must provide certain devices, software, and data connections to use our Services, which we otherwise do not supply. For as long as you use our Services, you consent to downloading and installing updates to our Services, including automatically.

Fees and Taxes. You are responsible for all carrier data plans and other fees and taxes associated with your use of our Services. We may charge you for our Services, including applicable taxes. YOU ARE SOLELY RESPONSIBLE FOR ANY VALUE-ADDED TAX IN CONNECTION WITH THE SERVICES AND YOU INDEMNIFY AND HOLD PodRoom HARMLESS FROM ANY AND ALL TAXES, INCLUDING SALES TAX, BASED ON PAYMENTS RENDERED BY YOU FOR THE SERVICES. If PodRoom is legally required to report such information, you will provide us with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes. We may refuse or cancel orders. We do not provide refunds for our Services, except as required by law or it is justified by exceptional circumstances.

Privacy Policy and User Data

PodRooms Privacy Policy(https://www.podroom.live/privacy-policy) describes our information (including message) practices, including the types of information we receive and collect from you and how we use and share this information. You agree to our data practices, including the collection, use, processing, and sharing of your information as described in our Privacy Policy, as well as the transfer and processing of your information to the United States and other countries globally where we have or use facilities, service providers, or partners, regardless of where you use our Services. You acknowledge that the laws, regulations, and standards of the country in which your information is stored or processed may be different from those of your own country. If you are an EU citizen, we would like to inform you that we respect the GDPR. To find more about it – please read our Privacy Policy.

Acceptable Use of Our Services

Our Terms and Policies. You must use our Services according to our Terms and posted policies. A violation of these policies may result in account termination, without recourse or refund, in our sole and exclusive discretion. If we disable your account for a violation of our Terms, you will not create another account without our permission.

Legal and Acceptable Use. You must access and use our Services only for legal, authorized, and acceptable purposes. Podroom has zero tolerance for the following activities and you will not use (or assist others in using) our Services: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts or to engage in acts that are unrelated to the purpose(s) of the Services; (c) to violate any international, governmental, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon, misappropriate, or violate our intellectual property rights or the intellectual property rights of others, including privacy, publicity, intellectual property, or other proprietary rights; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, threaten, speak hatefully, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit, objectionable content, false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; (k) to impersonate another person or entity; or (l) to interfere with or circumvent the security features of the Web site. You may not engage in the targeted harassment of someone, or incite other people to do so. This includes wishing or hoping that someone experiences physical harm. You may not promote violence against, threaten, or harass other people on the basis of race, ethnicity, national origin, caste, sexual orientation, gender, gender identity, religious affiliation, age, disability, or serious disease. You may not promote or encourage suicide or self-harm. You may not threaten or promote terrorism or violent extremism. Child sexual exploitation is not allowed on PodRoom. We reserve the right to terminate your use of the Services for violating any of the prohibited uses or for any other reason in our sole and exclusive decision. Contents reported to be objectionable will be reviewed within 24 hours and if found to be violating any of the prohibited uses, these contents would be removed. Those deemed to be guilty of violating any of the prohibited uses will be first warned and if unacceptable behavior persists, would face immediate and permanent suspension of their account. 

No Spam, Advertising Compliance. In addition to the forgoing prohibitions, you further agree that you comply strictly with all applicable laws (federal, state, and otherwise) that govern marketing email, including without limitation, the U.S. CAN-SPAM Act of 2003, the General Data Protection Regulation (GDPR) of 2018, the Privacy and Electronic Communications (EC Directive) Regulations of 2003 and all other anti-spam laws. Violation of any of these laws will constitute a material breach of these Terms.  You agree to defend and indemnify PodRoom from and against any claim by a third party in connection with your failure to comply with this prohibition against spam.

Harm to PodRoom Group or Our Users. You must not (or assist others to) access, use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sublicense, transfer, display, perform, or otherwise exploit our Services in impermissible or unauthorized manners, or in ways that burden, impair, or harm us, our Services, systems, our users, or others, including that you must not directly or through automated means: (a) reverse engineer, alter, modify, create derivative works from, decompile, or extract code from our Services; (b) send, store, or transmit viruses or other harmful computer code through or onto our Services; (c) gain or attempt to gain unauthorized access to our Services or systems; (d) interfere with or disrupt the integrity or performance of our Services; (e) create accounts for our Services through unauthorized or automated means; (f) collect the information of or about our users in any impermissible or unauthorized manner; (g) sell, resell, rent, or charge for our Services, except if it’s done by the official resellers of PodRoom Group or upon a consent of PodRoom Group; (h) distribute or make our Services available over a network where they could be used by multiple devices at the same time; (i) remove or otherwise alter or cause to be altered, directly or indirectly, the appearance of the Services so as to remove PodRoom’s proprietary branding or logo or otherwise modify the appearance of the Services. 

Accounts Registration.  When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service. Please, remember that you have the right to rectify your personal data. In our Privacy Policy you will find details on how to do it. 

Profile. You may not use your username, display name, or profile bio to engage in abusive behavior, such as targeted harassment or expressing hate towards a person, group, or protected category.

 

Identity Verification. By registering for our Services, you agree and acknowledge that we may verify any personal data you provide to us or otherwise verify your identity. This may include verifying your name and identity by providing to us a copy of a government-issued identification and/or verifying your email address or telephone number. Should we discover any personal data you provide to us is materially incorrect or should we be unable to verify your identity, we may terminate your account and otherwise prevent you from using the Services.

Keeping Your Account Secure. You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar, or obscene. You expressly agree that we cannot be held liable for any loss or damage arising out of any misrepresentations you make in this regard.

Reservation of Rights. PodRoom reserves the right to access your Account for technical purposes and to address occuring service issues. We shall also have the right to monitor your account in our sole and exclusive discretion.

Suspending Your PodRoom Account. You may unsubscribe your PodRoom account at any time (including if you want to revoke your consent to our use of your information) using our in-app unsubscribe my account feature. When you unsubscribe your PodRoom account, your undelivered messages are deleted from our servers as well as any of your other information we no longer need to operate and provide our Service. Be mindful that if you only unsubscribe our Services from your device without using our in-app delete my account feature, your information may be stored with us for a longer period (but only up to 6 months). Please remember that when you unsubscribe your account, it does not affect the information other users have relating to you, such as their copy of the messages you sent them.

You may suspend your PodRoom account at any time. Please remember that when you suspend your account, it does not affect the information other users have relating to you, such as their copy of the messages you sent them and all data will be restored when you decide to come back.

Term and Termination

This Agreement shall remain in effect until terminated by you or PodRoom. 

PodRoom may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.

This Agreement will terminate immediately, without prior notice from PodRoom, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from your mobile device or from your desktop.

Upon termination of this Agreement, you shall cease all use of the Application and delete all copies of the Application from your mobile device or from your desktop.

 

Severability

If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

 

Amendments to this Agreement

 

PodRoom reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

 

Contact Information

If you have any questions about this Agreement, please contact support@podroom.live.

Last updated: August 18, 2020