Podbean-general-TOU

Last Updated: December 16, 2022

These Podbean General Terms of Use (“General Terms”) are between Podbean Tech Inc. (“Podbean”) and end users who use our website, apps and other services (“Services”) to interact with podcasts (e.g., to listen, view, share, rate, comment, etc.) and/or any end users who visit our website without opening a podcaster or advertiser account.

If you are using our Services as a podcaster, the Podbean Podcaster Master Terms apply rather than these General Terms.

If you are using our Services as an advertiser, the Podbean Advertiser Terms apply rather than these General Terms.

THESE TERMS REQUIRE USE OF BINDING INDIVIDUAL ARBITRATION TO RESOLVE DISPUTES RATHER THAN JURY TRIALS OR CLASS ACTIONS. You may opt out of the arbitration requirement by following the instructions in Section 15(F) below within 30 days of first accepting these General Terms.

You must be at least 16 years old to use the Services.

For information about how we collect, use and disclose personal information, please refer to our Privacy Policy.

1. License

Subject to your compliance with these General Terms, Podbean grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to access and use the Services and any of content, information and materials made available on the Services (“Content”) on your personal electronic devices, solely for your personal, non-commercial use.

Use of the Services is subject to the Podbean Acceptable Use Policy at podbean.com/podbean-aup and all other policies or requirements that Podbean makes available to you (“Policies”).

2. Use of Services

You are solely responsible for your use of the Services, safeguarding usernames and passwords and all activity and payments owed under your account.

3. Third Party Content

You acknowledge that all third party Content (including podcasts and related materials) is the sole responsibility of the person from whom such Content originated. We do not control, monitor, endorse, sponsor or approve third party Content and do not guarantee the accuracy, integrity, or quality of such Content. You understand that by using the Services, you may be exposed to Content that is offensive, indecent, or objectionable. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content made available on or via the Services.

4. Your Content

If you provide Podbean with any content such text, images and/or other material (“Your Content”), including by posting Your Content to or via the Services, the following sections apply. (For the avoidance of doubt, these sections do not apply to podcasts, which are covered by the Podbean Podcaster Master Terms.)

Your Content belongs to you (or to the relevant third parties). However, you grant Podbean the following non-exclusive license: a worldwide, transferable and sub-licensable right to use, copy, modify, create derivative works of, distribute, publish, translate and process Your Content, without any notice, compensation or further consent. You acknowledge that other users may access and share Your Content on and off the Services, including on social media.

You are solely responsible for Your Content. We do not make an initial review of Your Content and we are merely providing you a platform for online distribution and publication of Your Content. If you wish us to remove Your Content from the Services, please send an email to contact@podbean.com. Removal of Your Content is at our discretion. We reserve the right to remove Your Content at any time, for any reason or no reason.

5. Fees

Podbean may provide the ability to pay fees and make payments to obtain certain Content or to support Podcasters. Such charges are collected by our "Billing Service Provider", which is currently Stripe. Stripe’s own legal terms also apply to such charges.

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 Podbean 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 Podbean within thirty (30) days after the date that you are billed.

6. Patron Program

The Patron Program allows podcasters to raise funds for their podcasts. We refer to users who contribute funds as "Patrons" and to the funds they contribute as "Pledges".

Podcasters can offer rewards in the form of tangible items or intangible services (collectively, "Rewards") to Patrons. Podbean is not a party to these arrangements. All Pledges will be paid to podcasters directly. Once the patron’s payment is transferred to a podcaster, it cannot be refunded by Podbean. A Patron needs to contact the podcaster for any refunds.

Podcasters are solely responsible for fulfilling any promise and/or commitment to Patrons, including delivering all Rewards. If a podcaster does not provide a promised Reward, you must work with the podcaster to reach a mutually satisfactory resolution. Podbean is under no obligation to become involved in disputes or complaints between Podcasters and Patrons. In the event of any such dispute or complaint, we may provide the Podcaster's contact information to the Patron so that the two parties may resolve their dispute.

Podbean retains 5% from Pledges collected. There are additional Stripe credit card fees of 2.9% + $0.30 per transaction.

7. Virtual Currency and Goods in Podbean Apps

On our Apps, we may offer virtual currency and goods, such as Golden Beans and Pod Points. Golden Beans can be used to purchase premium podcasts on the 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.

8. Affiliate Program Rules and Guidelines

For a detailed review of the Podbean Affiliate Program's Rules and Guidelines, kindly click here. Please note that failure to comply with these rules may result in membership termination and the loss of any earned commissions.

9. Taxes

All fees and other amounts due under this Agreement are exclusive of sales, service, use, business and any similar taxes (collectively, “Transaction Taxes”). You shall self-assess any applicable Transaction Taxes to the extent required or allowed under applicable law. In the event that you do not self-assess any such Transaction Taxes, you shall indemnify and hold harmless Podbean against such Transaction Taxes and any applicable interest or penalties. If self-assessment is not required or allowed and Podbean is required to charge applicable Transaction Taxes to you, you shall pay to Podbean the total amount due. In the event that Podbean does not initially charge such Transaction Taxes but the relevant government authority determines that Podbean should have charged such Transaction Taxes, Podbean shall charge to you, and you shall pay to Podbean, any such Transaction Taxes as soon as practicable after such determination.

10. Closing Accounts, Termination, Cancellation

You may close your account at any time using the you portal in the Services. Except at Podbean’s sole discretion, your account closure will not affect your obligations as to any amounts you owe. Podbean may terminate or suspend your account at any time upon notice, for any reason or no reason.

11. Disclaimers

PODBEAN DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME PODBEAN MAY REMOVE THE SERVICES FOR INDEFINITE PERIODS OF TIME, CANCEL THE SERVICES AT ANY TIME, OR OTHERWISE LIMIT OR DISABLE YOUR ACCESS TO THE SERVICES WITHOUT NOTICE TO YOU.

YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, OR ACTIVITY IN CONNECTION WITH THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND ALL CONTENT DELIVERED TO YOU THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.

YOU AGREE THAT UNLESS REQUIRED BY APPLICABLE LAW, PODBEAN HAS NO RESPONSIBILITY TO CONTINUE MAKING CONTENT AVAILABLE TO YOU THROUGH OUR SERVICES, AND PODBEAN WILL NOT BE LIABLE TO YOU IF CONTENT, INCLUDING PURCHASED CONTENT, BECOMES UNAVAILABLE FOR DOWNLOAD, REDOWNLOAD, OR STREAMING.

PODBEAN SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND YOU HEREBY RELEASE PODBEAN FROM ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.

PODBEAN DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICES WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION. YOU ARE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEMS, INCLUDING ANY CONTENT PURCHASED OR ACQUIRED THROUGH THE SERVICES.

PODBEAN IS NOT RESPONSIBLE FOR DATA CHARGES YOU MAY INCUR IN CONNECTION WITH YOUR USE OF THE SERVICES.

LIMITATION OF DAMAGES; RELEASE

TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, IN NO CASE SHALL PODBEAN, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, OR CONTRACTORS (“PODBEAN PARTIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES AND/OR CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY INJURY, LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME COUNTRIES, STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH COUNTRIES, STATES OR JURISDICTIONS, THE PODBEAN PARTIES’ LIABILITY SHALL BE LIMITED TO THE EXTENT SUCH LIMITATION IS PERMITTED BY LAW.

TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT THE AGGREGATE LIABILITY OF THE PODBEAN PARTIES COLLECTIVELY FOR CLAIMS ARISING UNDER THESE TERMS OR RELATED TO THE SERVICES OR CONTENT SHALL BE LIMITED TO THE GREATER OR TEN DOLLARS (USD$10.00) OR THE AMOUNT PAID BY YOU TO PODBEAN IN THE 12 MONTHS PRIOR TO THE DATE THE CAUSE OF ACTION AROSE. THIS LIMITATION OF LIABILITY IS CUMULATIVE AND NOT PER-INCIDENT (I.E., THE EXISTENCE OF TWO OR MORE CLAIMS WILL NOT ENLARGE THIS LIMIT). THIS LIMITATION WILL NOT EXCLUDE LIABILITY FOR OUR WILLFUL MISCONDUCT OR GROSS NEGLIGENCE.

12. Indemnification

You will defend, indemnify and hold harmless Podbean, podcasters and their respective agents, affiliates, and licensors against all claims, liabilities, damages, losses, costs, fees (including reasonable attorneys' fees and costs), and expenses relating to any third-party claim, allegation, investigation or legal proceeding to the extent arising out of or related to your breach of these General Terms, your violation of any law or third party rights or Your Content. Podcasters are intended third-party beneficiaries of this Section.

13. Changes

Podbean may make non-material changes to these General Terms at any time without notice and will make any material changes with advance notice. Changes will be posted at podbean.com/podbean-general-TOU. Your use of the Services following any changes will constitute your acceptance of such changes. If you do not wish to continue using the Services under the updated General Terms, you may stop using the Services and terminate your account.

Podbean may terminate or suspend your ability to participate in the Services at any time.

14. Intellectual Property

You agree that the Services and the Content, including but not limited to graphics, user interface, audio clips, video clips, editorial content, and the scripts and software used to implement the Services, contain proprietary information and material that is owned by Podbean, its licensors and/or podcasters, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Services for personal, noncommercial uses in compliance with these General Terms. No portion of the Content or Services may be transferred or reproduced in any form or by any means, except as expressly permitted by these General Terms. You agree not to modify, rent, loan, sell, share, or distribute the Services or Content in any manner, and you shall not exploit the Services in any manner not expressly authorized.

The Podbean name, the Podbean logo and other Podbean trademarks, service marks, graphics, and logos used in connection with the Services are trademarks or registered trademarks of Podbean in the U.S. and other countries throughout the world. You are granted no right or license with respect to any of the aforesaid trademarks.

15. Dispute Resolution Agreement

  • Arbitration of disputes. Podbean and you agree to arbitrate all disputes and claims that arise out of or relate in any way to the Services or these General Terms. This agreement to arbitrate (“Dispute Resolution Agreement” or “Section 15”) is intended to be broadly interpreted and includes, for example:
    1. claims brought under any legal theory;
    2. claims that arose before you first accepted any version of these General Terms containing an arbitration provision;
    3. claims that may arise after the termination of your use of the Services;
    4. claims brought by or against Podbean, Podbean affiliates and the respective officers, directors, employees, agents, predecessors, successors, and assigns of these entities; and
    5. claims brought by or against you, the respective affiliates and parent companies of you, and the respective officers, directors, employees, agents, predecessors, successors, and assigns of these entities.
    This Dispute Resolution Agreement does not preclude any party from seeking an individualized preliminary injunction or temporary restraining order until a claim is arbitrated, or from bringing an individualized action in small claims court, in any court that has jurisdiction; provided that, as limited by Section 15(C) below, the arbitrator will have exclusive jurisdiction to finally resolve claims not within the jurisdiction of a small claims court. Nor does this Dispute Resolution Agreement bar any party from bringing issues to the attention of federal, state, or local agencies.

    Podbean and you agree that, by entering into this arbitration agreement, all parties are waiving their respective rights to a trial by jury or to participate in a class or representative action. The Federal Arbitration Act governs the interpretation and enforcement of this Dispute Resolution Agreement. With respect to all disputes or claims that arise out of or relate in any way to the Services or these General Terms, this Dispute Resolution Agreement supersedes any contrary terms regarding dispute resolution in any other agreement between the parties.

  • Notice of disputes.If any party intends to seek arbitration of a dispute, that party must provide the other party with notice in writing (“Notice of Dispute”). This Notice of Dispute to Podbean must be sent to the following address (“Podbean’s Notice Address”):

    2810 N CHURCH ST

    STE 56077

    WILMINGTON, DE 19802-4447

    Podbean may send notice to you at the e-mail and mailing addresses associated with your account. Your Notice of Dispute to Podbean must provide, as applicable, () your name and mailing address, (b) the email address you uses to log into your account, (c) a description of the dispute, and (d) a statement of the relief requested. If the parties are unable or unwilling to resolve the dispute within 60 days after the Notice of Dispute is submitted, the dispute will be resolved by arbitration upon one party sending the other party or parties and the American Arbitration Association (“AAA”) a demand for arbitration. No arbitration demand may be submitted until at least 60 days after submission of the Notice of Dispute. Unless the parties agree otherwise, your demand for arbitration must be sent to Podbean’s Notice Address and entitled “Demand for Arbitration.” Podbean will send demands for arbitration to you at the e-mail and mailing addresses associated with your account.

  • Arbitration procedures. The arbitration will be governed by the AAA’s Commercial Arbitration Rules ("AAA Rules"), as modified by these General Terms, and will be administered by the AAA. Unless the parties agree otherwise, the Expedited Procedures of the AAA Rules will apply to any claim of $75,000 or less. The AAA Rules are available online at adr.org. If the AAA is unavailable, the parties will agree to another arbitration provider or the court will appoint a substitute. To the fullest extent permitted by applicable law, any evidentiary submissions made in arbitration will be maintained as confidential in the absence of good cause for its disclosure. The arbitrator’s award will be maintained as confidential only to the extent necessary to protect either party’s trade secrets or proprietary business information or to comply with a legal requirement mandating confidentiality.

    Unless the parties agree otherwise, any arbitration hearings will take place in the county (or parish) of your principal place of business. If the value of your claim is $25,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, by telephone, or by an in-person hearing. If the value of your claim exceeds $25,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision is based. All issues are for the arbitrator to decide, except that only a court of competent jurisdiction may decide issues relating to the scope and enforceability of this arbitration provision, the arbitrability of disputes, or the interpretation of Section 15(E). Arbitration rulings will not have preclusive effect in any proceedings involving different yous in any forum. The arbitrator can award the same individualized damages and relief that a court can award. Judgment on the award may be entered by any court having jurisdiction.

  • Costs of arbitration. The AAA’s fee schedule is subject to change and may be found in the AAA Rules (available online at adr.org or by calling the AAA at 1-800-778-7879). Podbean will pay all AAA filing, administrative, and arbitrator fees for any arbitration that Podbean commences. If you commenced arbitration at least 60 days after submitting the Notice of Dispute to Podbean, and the value of your claim is $75,000 or less, Podbean will pay your share of any such AAA fees. If the value of your claim is between $75,000 and $300,000, your share of any such fees will be capped at $200 (unless the law of your state requires Podbean to pay all such fees). If the value of your claim exceeds $300,000, the allocation of AAA fees will be governed by the AAA Rules. But the arbitrator may reallocate the fees to require Podbean to pay all fees if you cannot afford to pay them. If, however, the arbitrator finds that either the substance of your claim or the relief sought is frivolous or brought for an improper purpose (as measured by the standards in Federal Rule of Civil Procedure 11(b)), then the payment of all AAA fees will be governed by the AAA Rules. In such cases, the arbitrator may direct you to reimburse Podbean for amounts that Podbean paid on your behalf.
  • No class or representative arbitration. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim without affecting other Podbean users or other customers or advertisers. YOU AND PODBEAN AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. Upon motion of one or more affected parties, and after providing all other affected parties an opportunity to be heard, the arbitrator may, in its discretion, consolidate more than one of your claims to promote efficiency in discovery and to avoid inconsistent legal rulings. For the avoidance of doubt, any consolidation under the preceding sentence will be limited only to currently-pending arbitrations initiated under this agreement, and the arbitrator may not preside over any form of a representative or class proceeding. All parties will retain the right to request an individualized hearing. If a court decides that applicable law precludes enforcement of any of these prohibitions or limitations on (a) non-individualized relief, (b) class, representative, and private attorney general claims, or (c) consolidation with respect to a particular claim or a particular request for relief (such as injunctive relief), and if all appeals challenging the court's decision are denied, then the parties agree that such a claim or request for relief will be decided by a court after all other claims and requests for relief are arbitrated.
  • 30-day opt out period. You have the right to opt out of this Dispute Resolution Agreement. An you who does not wish to be bound by this Dispute Resolution Agreement (including your waiver of class and representative claims) must notify Podbean as set forth below within 30 days of the first acceptance date of any version of these General Terms containing an arbitration provision (unless a longer period is required by applicable law). Your notice to Podbean under this subsection must be submitted via email to contact@podbean.com. An opt-out notice does not revoke or otherwise affect any previous arbitration agreement between you and Podbean.
  • Future changes to Dispute Resolution Agreement. If Podbean makes any changes to this Dispute Resolution Agreement (other than a change to Podbean’s Notice Address), you may reject any such change by notifying Podbean via the process set forth in Section 15(B) within 30 days of the change. It is not necessary to submit a rejection of the future change to this Dispute Resolution Agreement if you had properly opted out of arbitration in compliance with the requirements of Section 15(F). By rejecting a future change, you are agreeing that it will arbitrate any dispute in accordance with the language of this Dispute Resolution Agreement, as modified by any changes that you did not reject.

16. Consent to Receive Electronic Communications

  • For contractual purposes, you (a) consent to receive emails via the email address you have submitted when you sign up on the Services; and (b) agree that all General Terms, agreements, notices, disclosures, and other communications that Podbean 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.
  • Podbean may also use your email address to send you other messages, including information about Podbean and Services and special offers. You may opt out of such email by changing your account settings or sending an email to contact@podbean.com.

17. Apple App Store Additional Terms

If the Podbean application (“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 General Terms:

  • The parties acknowledge that Apple has no obligation to furnish any maintenance or support services with respect to the App.
  • If any of the terms and conditions in these General Terms are inconsistent or in conflict with Apple’s applicable instructions for Minimum General Terms for Developer’s End User License Agreement, located at https://www.apple.com/legal/internet-services/itunes/appstore/dev/minterms/ (the “Apple EULA General Terms”) or the App Store General Terms and Conditions, located at https://www.apple.com/legal/internet-services/itunes/ca/terms.html (the “Apple App Store General Terms”) as of the Effective Date, the terms and conditions of the Apple EULA General Terms or Apple App Store General Terms, as applicable, will apply to the extent of such inconsistency or conflict.

18. Google Play Additional Terms

If the App is provided to you through the Google Inc. (Google Inc. together with all of its affiliates, “Google”) Google Play, the following terms and conditions apply to you in addition to all the other terms and conditions of these General Terms of Use:

  • You acknowledge that Google is not responsible for providing support services for the App.
  • If any of the terms and conditions in these General Terms of Use are inconsistent or in conflict with Google’s Google Play Developer Distribution Agreement located at https://play.google.com/about/developer-distribution-agreement.html, (the “Google EULA General Terms”) as of the Effective Date, the terms and conditions of Google EULA General Terms will apply to the extent of such inconsistency or conflict.

19. YouTube General Terms of Service

If you choose to automatically share podcast episodes to YouTube via Podbean, Podbean will use YouTube API Services to upload videos to your YouTube account. By connecting your YouTube account, you agree to YouTube's General Terms of Service and Google Privacy Policy. You can manage the third-party access to your Google account at the Google Security Setting page.

20. 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 contact@podbean.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.

21. NOTICE FOR CALIFORNIA USERS

  • Any suggestions, comments, improvements, ideas, enhancement requests or feedback provided by you to Podbean relating to the Platform, the Services or any other services or products of Podbean (collectively, “Feedback”) are provided voluntarily. You agree that all Feedback may be used by Podbean without compensation, accounting or attribution to you, and you grant a perpetual, irrevocable, fully paid up right and license to the Feedback.
  • By providing any mobile or other telephone number to Podbean in connection with the Services, you authorize Podbean, its affiliates and their agents to call and send text messages (for which standard message and data rates may apply) to the provided telephone numbers, including by an automatic telephone dialing system, for purposes of the Services. However, Podbean will not rely on this permission to initiate autodialed calls or text messages for marketing purposes. You further authorize Podbean, its affiliates and their agents to send electronic mail to you for purposes of the Services.
  • ALL CLAIMS ARISING OUT OF OR RELATING TO THESE GENERAL TERMS OR THE SERVICES WILL BE GOVERNED BY NEW YORK LAW, EXCLUDING NEW YORK’S CONFLICT OF LAWS RULES, EXCEPT TO THE EXTENT THAT NEW YORK LAW IS CONTRARY TO OR PREEMPTED BY FEDERAL LAW.
  • EXCEPT AS PROVIDED IN SECTION 15, ALL CLAIMS ARISING OUT OF OR RELATING TO THESE GENERAL TERMS OR THE SERVICES WILL BE LITIGATED EXCLUSIVELY IN THE FEDERAL OR STATE COURTS OF NEW YORK COUNTY, NEW YORK; THE PARTIES CONSENT TO PERSONAL JURISDICTION IN THESE COURTS.
  • These General Terms are the parties’ entire agreement relating to their subject matter and supersede all other agreements between the parties relating to its subject matter.
  • Except as provided in Section 15, all notices must be in writing and sent via email. The email address for notices being sent to Podbean is contact@podbean.com. Except as provided in Section 15, all other notices to you will be in writing and sent to your email address. Notice will be treated as given on receipt, as confirmed by written or electronic means. These notice requirements do not apply to legal service of process, which is instead governed by applicable law, nor do they apply to Section 15.
  • Podbean will not be treated as having waived any rights by not exercising (or by delaying the exercise of) any rights under these General Terms. Except as provided in Section 15(E), if any provision of these General Terms is found unenforceable, that provision will be severed and the balance of the General Terms will remain in full force and effect.
  • Podbean may assign any or all of these General Terms, and may assign or delegate, in whole or in part, any of its rights or obligations under these General Terms. You may not assign these General Terms, in whole or in part, nor transfer or sub-license your rights under these General Terms, to any third party. Except as explicitly provided above, there are no third-party beneficiaries to these General Terms. These General Terms do not create any agency, partnership, joint venture, or employment relationship among the parties.
  • Podbean is not liable for failure or delay in performance to the extent caused by circumstances beyond its reasonable control.