Terms of service

Last Updated: August 8, 2018

Welcome to AudioDive, owned and operated by DistroLabs, Inc., a Delaware Corporation, doing business as AudioDive (“AudioDive”, “we”, “us”, and “our”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these "Terms of Service" or "TOS"), govern your access to and use of website and the services provided by us through the website, web interface platform or mobile app (the “Services”). By using or accessing the Services you agree to these Terms of Use and the Privacy Policy.

 

These terms reference three different types of users defined as:

  1. Content Creator: Those who are using the Services to share podcasts, promotional content, and news content with their followers and fans.

  2. Fans: Those who are receiving the Content developed and distributed.

  3. Curator: Those who create and curate lists of content for Fans.

 

TERMS OF ACCESS
  • By using the Services, you agree to provide true, accurate, current, and complete information about yourself as prompted by the account registration process.

  • You agree that you are at least 13 years old if you are a Fan or Curator and at least 18 years old if you are a Content Creator.

  • You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, "Content") that you submit, post, or display on or via the Services.

  • By using the Services, Content Creators expressly consent to the use of their name, likeness, image, company name, logo, copyrights, trademarks, and links to their website.

  • You understand that we own the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services.

  • You also agree that you will not use the Services to do the following:

    • Upload, post, publish, e-mail, reproduce, distribute, or otherwise transmit any information, data, text, music, sound, photographs, graphics, video, messages, or other materials, including any Contribution, (collectively, “Content”) that is unlawful, harmful, threatening, embarrassing, abusive, harassing, offensive, bigoted, prejudiced, racist, lewd, lascivious, filthy, violent, harassing, tortious, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, contains explicit or graphic descriptions or accounts of sexual acts, invasive of another’s privacy, hateful or otherwise objectionable or illegal content;

    • “Stalk” another user;

    • Display material that exploits children, or otherwise exploit or harm children under 18 years of age;

    • Post or disclose any personally identifying information or private information about children;

    • o Impersonate any person or entity, including, but not limited to, an AudioDive official, or falsely state or otherwise misrepresent your affiliation with a person or entity;

    • Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted to or through the Website;

    • Upload, post, publish, e-mail, reproduce, distribute, or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary, and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

    • Upload, post, publish, e-mail, reproduce, distribute, or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;

    • Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “Spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;

    • Upload, post, publish, e-mail, reproduce, distribute, or otherwise transmit any material that contains software viruses, Trojan horses, worms, time bombs, cancelbots, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment or any other similarly destructive activity, or surreptitiously intercept or expropriate any system, data, or personal information;

    • Act in a manner that negatively affects other users’ ability to engage in the Services;

    • Engage in any activity that is contrary to or which would adversely affect the purpose or intention of the Website or Services, including but not limited to, actually, or attempting to manipulate, corrupt, or otherwise affect the outcome of the Services, in whole or part, by, among other methods, subscribing another party without their authorization or registering multiple subscriptions under the same or different names;

    • Post any content that advocates, promotes or otherwise encourages violence against any governments, organizations, groups, or individuals or which provides instruction, information or assistance in causing or carrying out such violence;

    • Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service; or

    • Intentionally or unintentionally violate any applicable local, state, national, or international law.
       

REPRESENTATIONS REGARDING YOUR USER CONTENT

You are responsible for Your Content. You represent and warrant that you are the sole author of, own, or otherwise control all of the rights in Your Content or have been granted explicit license and permission from the rights holder to submit and use Your Content; Your Content was not copied from or based in whole or in part on any other content, work, or website (other than your own or by permission from the rights holder); use of Your Content by us, third party services, and our and their third party users will not violate or infringe any rights of yours or any third party; Your Content is truthful and accurate; and Your Content does not violate the Terms or any applicable laws. You assume all risks associated with Your Content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. While we reserve the right to remove content, we do not control actions or content posted by our users and do not guarantee the accuracy, integrity or quality of any content. You acknowledge and agree that content posted by users and any and all liability arising from such content is the sole responsibility of the user who posted the content, and not us.

You also agree not to assert any privacy, publicity, moral or similar rights held by you (and to the extent any other person(s) whose name(s), photograph(s), likeness(es), voice(s), performance(s), and/or biographical materials are embodied in Your Content, you represent and warrant that you have obtained all necessary consents from such third parties consistent with the full scope of rights granted to us pursuant to this Agreement, and you agree that such persons shall not assert any intellectual property, privacy, publicity, contractual, moral, or similar rights, or make any claims that Your Content is objectionable or otherwise defamatory under the laws of the United States and any other country in connection with the exploitation of such materials as described hereunder.

In the event Your Content contains third party advertising or sponsored content, you will be asked to clearly denote that upon creation of Your Content.

 

LOGIN THROUGH SOCIAL MEDIA & THIRD-PARTY SITES

AudioDive offers the opportunity to register and/or login into accounts through third-party social media and other websites with unique login credentials.  Whichever registration/login method you choose, you agree to provide true, accurate, current and complete information about yourself as well as to maintain and promptly update your registration/login information to maintain its currentness and accuracy and/or to meet the requirements of the third-party and other websites' terms of service and privacy policies.

Content Creators may post links to third-party websites. We have not vetted or reviewed those websites for data security or content accuracy. Please use caution when visiting third-party websites.

Links provided through the Service do not create an endorsement relationship or an affiliation with us. Please review the terms of use and privacy policies of these websites for rights and restrictions.

 

DMCA NOTICE

We respect artist and content owner rights and it is our policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 ("DMCA").

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify our copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:

  1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;

  2. Identification of the copyrighted work that you claim has been infringed;

  3. Identification of the material that is claimed to be infringing and where it is located on the Service;

  4. Contact Information that would allow us to easily reach you such as your address, telephone number, and, e-mail address;

  5. 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 law; and

  6. A statement, made under penalty of perjury that the above information is accurate and that you are the copyright owner or are authorized to act on behalf of the owner.

The above information must be submitted to the following DMCA Agent:

 

Attn: DMCA Notice AudioDive
Address: 929 Colorado Av, Santa Monica, CA 90401

Telephone: (424) 252-1254
Email: privacy@audiodive.co

 

UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES.

Please note that this procedure is exclusively for notifying AudioDive and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with our rights and obligations under the DMCA, including 17 U.S.C. 512(c) but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.

In accordance with the DMCA and other applicable law, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, members who are deemed to be repeat infringers. We may also at its sole discretion limit access to the Service and/or terminate the Accounts of any Users who infringe any intellectual property rights of others, whether, or not there is any repeat infringement.

LIMITATION OF LIABILITY

Please only use the Services in a way that is appropriate to your professional and personal obligations. You agree to defend, indemnify, and hold harmless AudioDive and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers, and directors, from, and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Services including any data or content transmitted or received by you; (ii) your violation of any term of the Terms of Service or Privacy Policy (Agreements), including without limitation your breach of any of the representations and warranties you make in these Agreements; (iii) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule, or regulation; (v) any claim or damages that arise as a result of any of your Content or any that is submitted via your account; (vi) any reputation damage or loss of income resulting from your association or use of the our Service or (vii) any other party’s access and use of the Services with your username, password, or other appropriate security code.

 

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE ARE AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, AUDIODIVE, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE OR THE PRODUCTS WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AUDIODIVE, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USETHE SERVICES. UNDER NO CIRCUMSTANCES WILL AUDIODIVE BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AUDIODIVE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AVAILABLE ON OR THROUGH THE SERVICES, INCLUDING AFFILIATED WEBSITES (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR WEBSITE, SERVICE OR ANY INFORMATION RECEIVED FROM OUR SERVICE INCLUDING CONTENT CREATORS PODCASTS; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE WEBSITE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.

CONTENT REMOVAL & SUSPENSION OF ACCOUNT

We reserve the right, at any time and without prior notice, to remove, block, or disable access to any content that we, for any reason or no reason, consider to be objectionable, in violation of the Terms of Use or Privacy Policy or otherwise harmful to Content Creators, Curators, Fans, or us in our sole discretion. Subject to the requirements of applicable law, we are not obligated to return any of the content to you under any circumstances. Any Content, which is derogatory, defamatory, or hateful and without any substantial evidence may be taken down at our sole discretion.

We reserve the right in its sole discretion to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof) at any time for any reason. You agree that we will not be liable to you or to any third party for any suspension or termination of your account or any refusal of any use of the Service (or any portion thereof).

DELIVERY OF CONFIDENTIAL INFORMATION BY USER

We discourage users from sending us any confidential or proprietary information through the Services. Any information, materials, suggestions, ideas, or comments sent to us will be considered non-confidential, and by submitting it, you are giving us the absolute right to use, modify, reproduce, transmit, display, and distribute it for any purpose whatsoever, with no payment or other compensation to you.

 

COMMENTS & FEEDBACK

In compliance with your rights under California Civil Code 1789.3, you have the right to contact us with any complaints or to seek additional information. You may email us at privacy@audiodive.co. You may also call (415) 841-3026. For any physical documents, you may send mail to 424 Clay Street, Suite LL, San Francisco CA 94111.

If California users have any questions or complaints about AudioDive, they may also contact The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs through writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

ARBITRATION

By using the Services you agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof or the use of the Services (collectively, "Disputes") will be settled by binding arbitration between you and AudioDive, except the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and AudioDive are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and AudioDive otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding.

ARBITRATION RULES AND GOVERNING LAW

The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this "Dispute Resolution" section. Any controversy shall be arbitrated in San Francisco, California (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778- 7879). The Federal Arbitration Act will govern the interpretation and enforcement of this Section.