Podcasts Online Terms of Service

These Terms of Service explain the terms and conditions that apply to your access and use of the Podcasts Online Service and constitutes a legally binding agreement between you and Podcasts Online, a trademark of AppGeneration - Software Technologies, Lda. (company and VAT number 509 442 137, with seat at Av. da Boavista, 848, 4100-112 Porto -Portugal)

Please read these Terms carefully. By using the Podcasts Online Service, or Posting any of Your Content (as defined below) through the Podcasts Online Service, you acknowledge that you have read, understood, and agree to be bound by this entire Agreement. This Agreement is a legal agreement between you and Podcasts Online and the terms hereof apply to you whether you are a registered user or a visitor using the Applications (as defined below). If you do not agree with this Agreement, do not use the Podcasts Online Service.

We may change these Terms from time to time, so please review them regularly.

1. The Podcasts Online Service

The Podcasts Online Service consists of an index of podcasts designed to simplify finding podcasts from broadcast or radio sources, whether available through our website or through any software applications made available for mobile devices, computers or car systems. Podcasts Online is not a broadcaster and its directory service just redirects users to specific content providers in accordance with their publicly available services. Podcasts Online is an intermediary which connects (via embedded hyperlinks) users to podcasters over the Internet. Podcasts Online does not own any of the brands it lists or claim any rights in the content that listeners may access. Podcasts Online complies with the applicable laws and fully respects third party rights. Podcasts Online is not liable for any content that any of the listed radio stations broadcasts.

2. Changes to Podcasts Online Service

Podcasts Online may change, add or remove features and functionalities of its service without notice. Podcasts Online can at its discretion discontinue some or all of the features of the service at any time (including new updates). Podcasts Online shall not be liable for any modification, suspension or discontinuance of the service. If you are dissatisfied with any changes on the service, then your only option is to no longer use Podcasts Online.

3. Privacy Policy

The Podcasts Online Privacy Policy is available at https://podcasts-online.org/privacy-policy/ or within the Applications and governs the manner in which Podcasts Online collects, uses, maintains and discloses information collected from users. This privacy policy applies to the Applications and all products and services offered by Podcasts Online. Please read it carefully before using the Podcasts Online Service. By using the service provided by Podcasts Online, you agree to the terms and conditions of our Privacy Policy and declare that you understand the options Podcasts Online provides to you in what concerns to your personal information.

4. Registration and Account

To access certain features of the Podcasts Online Service and to post specific contents, you will be required to register and provide some information, including a username and password, email address, country. You agree to:

• Provide accurate and complete information and update your account when necessary to keep it current;
• Not use false identities or use a username and/or password that you are not authorized to use;
• Maintain confidential your username, password and other account information;
• Maintain confidential all activities that occur under your user name or account;
• Not allow others to access or use your account and notify us immediately of any unauthorized use of your account;

Podcasts Online may use your information in accordance with our Privacy Policy and reserves the right to reject or revoke, at any time, the right of any user to use any name as part of a username on the Podcasts Online Service, without incurring in any liability. Podcasts Online may limit user registrations to those whose name and identity can be easily verified. Podcasts Online may suspend your account if you are suspected of impersonating anyone on the Service. Podcasts Online will not be responsible or liable for any damages or losses that you may incur as a result of the unauthorized use of your username, password and/or account, either with or without your knowledge, prior to your notifying us of any unauthorized use of your account.

If you are under 13 years old you cannot use the service nor register yourself by creating an account.

5. Using the Podcasts Online Service

Our service is provided only for your personal and non-commercial use and you may not transfer Podcasts Online Service to a third party. You agree that you will not resell, sublicense, transfer, rent, lease, or exploit Podcasts Online Service commercially, in a whole or in a part. You agree that you will not use the Podcasts Online Service in any unlawful manner and that you will not attempt to gain unauthorized access to it (by modifying it, adapting it or hacking it). Collecting or storing personal data about other users without their express permission is strictly forbidden.

When using the Podcasts Online Service through a mobile device, your wireless service carrier's standard charges, data rates and other fees may apply, and you acknowledge that you are solely responsible for all such fees and charges.

6. Third Party Content

Third Party Content definition

“Third Party Content” contemplates:

• Any broadcast radio programs, podcast or other audio content that the Podcasts Online Service gives you the ability to listen to;
• Any photos, images, graphics, sound recordings, musical works, album artworks, data, information, feedback, suggestions, text, content and other materials that a third party may record, upload, post, publish, submit, deliver, provide or otherwise transmit;
• Any links or other access to websites and resources on the Internet; Third Party Content may be copyrighted and protected.

You acknowledge and agree that Third Party Content may be the copyrighted material of the third party that supplies it. Therefore the content accessed on the basis of our service that is protected by copyright law and other applicable laws, may not be reproduced, used to prepare derivative works, performed publicly or displayed publicly and distributed without the written consent of the third party that supplied it, except as permitted by applicable law.

Third Party Content may be transmitted with a variety of copy protection mechanisms, which are designed to protect the copyright interests of the relevant third party. These copy protection mechanisms may constraint or prevent the ability of the Podcasts Online Service to play Third Party Content.

You understand that Podcasts Online does not control the decision of a third party to institute such copy protection mechanisms. You agree that Podcasts Online can not be held responsible in what concerns your or any third party’s ability to access or listen to, any Third Party Content due to a copy protection mechanism.

Due to copyright protection mechanisms it is strictly forbidden to extract, remove or otherwise change content or by any means make any attempts thereto. Any attempt to do so may subject you to liability and can result in the suspension or deletion of your account.

We are not responsible for the nature of the Third Party Content.

The Podcasts Online Service gives you the ability to listen to and access Third Party Content over which Podcasts Online exercises no editorial or programming control. We are not responsible for the nature of the Third Party Content.

You also understand that:

• The Podcasts Online Service does not guarantee the access to, recording of, listening to, or viewing of any particular Third Party Content;
• Third Party Content is not under Podcasts Online control and the Podcasts Online Service is not responsible for it and does not in any way endorse such Third Party Content;
• Third Party Content providers may change or delete Third Party Content or schedules at any time;

7. Your Content

By posting Your Content on or through the Podcasts Online Service, you agree to, and by means of this do provide Podcasts Online, a worldwide, non-exclusive, revocable, royalty-free, fully paid, sublicensable and transferable license to use, modify, reproduce, distribute, display, publish, transmit, communicate to the public, make available, broadcast, prepare resulting works based on Your Content.

You must be entitled to grant the rights to your content. You must not upload your content to or through the Podcasts Online Service, unless you are the copyright owner or are fully authorized to grant rights in all of the elements of Your Content that you intend to upload or transmit to or through the Podcasts Online Service.

Your Content definition

“Your Content” means on the whole, the graphics, images, photos, sound recordings, musical works, data, information, feedback, ideas, comments, suggestions, text, content or other materials that you post in connection with or relating to the Podcasts Online Service.

8. Advertisements, Sponsorships and Partnerships

Podcasts Online may display advertisements for goods and/or services of third parties or other promotional materials through the Podcasts Online Service. Your participation in promotions of any third party advertisers through the Podcasts Online Service is solely between you and such third party and your participation is subject to the terms and conditions associated with that advertisement or promotion. By using the Podcasts Online Service you agree that Podcasts Online is not responsible or liable for any damage or loss of any sort incurred as the result of participation on those promotions.

The same applies to any links to third party websites (i.e. websites not owned or operated by Podcasts Online) displayed in Podcasts Online.

9. Termination of Service

You may terminate your account and your right to use the Podcasts Online Service at any time by contacting Podcasts Online Customer Support at help@mytuner.mobi. Nevertheless, Podcasts Online is given the right to at any time for any reason or no reason, to immediately suspend or terminate your account, with or without notice to you. Your Content on the Podcasts Online Service (if any) may also be permanently deleted by Podcasts Online at any time, without prior notice.

10. Intellectual Property and licenses

Any software that may be made available by the Podcasts Online Service contains proprietary and confidential information that is protected by applicable intellectual property laws. Podcasts Online Service grants you a personal and non-exclusive right and license to use these software programs only for personal and non-commercial use of the Podcasts Online Service. Any other rights not expressly granted herein are reserved by Podcasts Online.

You shall not use the Podcasts Online Service to perform any action of data mining, scraping or similar data gathering or extraction methods. Any use of the Podcasts Online Service other than as specifically authorized herein is strictly prohibited.

Podcasts Online respects and protects the copyright and the intellectual property of others and takes this subject very seriously. We also ask our users to do the same: respect third party rights!

Infringing activity regarding intellectual property will not be tolerated on the Podcasts Online Service. Upon notice from an intellectual property owner or its agent Podcasts Online will remove any material from Podcasts Online Service that we believe is infringing the intellectual property rights of a third party by being made available through the Podcasts Online Service.

Podcasts Online may also remove all third party content posted by any single user after receiving more than two takedown notices. However, Podcasts Online may terminate the account of any user after receipt of a single notification of claimed infringement.

11. Procedure for Reporting Claimed Infringement

If you believe that any content listed on the Podcasts Online Service has been used or exploited in a manner that infringes an intellectual property right you own, you should promptly send a “Notification of Claimed Infringement” to Podcasts Online at help@mytuner.mobi.

You may also contact Podcasts Online by mail at the following address:

Att: Podcasts Online - Copyright Claim

AppGeneration – Software Technologies, Lda

Av. da Boavista, 848

4100-112 Porto – PORTUGAL

In order to be effective, remember to include, at least the identification of the specific material that is claimed to be infringing, a physical or electronic signature of a person authorized to act on behalf of the owner of the material that has been allegedly infringed and information that allows Podcasts Online to reply to you, such as address, telephone number or e-mail.

12. Notice for Apple Users

Since the Podcasts Online Service is available on the Apple App Store, as an Application, you acknowledge that this Agreement is between you and Podcasts Online only, not with Apple, and Apple is not responsible for the Application or the content thereof.

Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application. In the event of any failure of the Application to conform to any applicable warranty, then you may notify Apple and Apple will refund the purchase price for the relevant Application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Application.

Apple is not responsible for addressing any claims by you or any third party relating to the Application or your possession and/or use of the Application, including, but not limited to:

• Product liability claims or claims being under consumer protection or similar legislation.
• Any claim that the Application fails to conform to any applicable legal or regulatory requirement in any country;

Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights. Please refer to section 10 and 11, regarding copyright or other intellectual property infringements.

You agree to comply with any applicable third party terms, when using the Application.

Date of last update: June 30, 2020