Terms of Use.

Please have a careful read about our Terms of Use so that you know how to interact and use Podstellar.

Terms of Use

 

Introduction

For the purposes of this document, “We”, “Us”, and “Our” refer to Podstellar GmbH, owner and operator of the Podstellar App (iOS and Android) and Podstellar website. “Podstellar”, “Our Service”, and “Our App” refer interchangeably to the Podstellar App iOS app, Android app, Podstellar website and related services. “You” refers to any user interacting with Podstellar.

These terms of use govern your use of our service; by using our service, you accept these terms of use in full. If you disagree with these terms of use or any part of these terms of use, you must not use our service.

Our service uses cookies. By using our service and agreeing to these terms of use, you consent to our use of cookies in accordance with the terms of our privacy policy.

Licence to use our service

Our service aggregates content from third party providers. We do not assert copyright ownership over aggregated third-party content. We do not accept responsibility for third-party content.

You may view or download for caching purposes only. Subject to the restrictions set out below and elsewhere in these terms of use.

You must not:

  • republish material from this service (including republication on another service);
  • sell, rent or sub-license material from the service;
  • show any material from the service in public;
  • reproduce, duplicate, copy or otherwise exploit material on our service for a commercial purpose
  • edit or otherwise modify any material on the service; or
  • redistribute material from this service except for content specifically and expressly made available for redistribution (such as our API and channel data).

Acceptable use

You must not use our service in any way that causes, or may cause, damage to Podstellar or impairment of the availability or accessibility of Podstellar; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use our service to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not use our service to transmit or send unsolicited commercial communications.

Restricted access

We reserve the right to restrict access to parts of Podstellar, or indeed our whole service, at our discretion.

Users must be aged 13 years or over to access our service.

You must notify us in writing immediately if you become aware of any unauthorised use of your account or password.

You are responsible for any activity on our applications arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.

You must not use any other person’s user ID and password to access our applications.

We may disable your user ID and password in our sole discretion without notice or explanation.

User generated content

In these terms of use, “user content” means material (including without limitation text, images, audio material and audio-visual material) and meta-data (curations of content, taggings, ratings) submitted by users to Podstellar for whatever purpose. “Your user content” means any such user content you have submitted.

You agree that all of your user content contributed to our website is licensed to us under the Creative Commons Attribution ShareAlike 3.0 Unported License. You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, cache, reproduce, adapt, display, publish, translate and distribute your user content in any existing or future media even if such content has been removed, whether by yourself, by another user, or by us. This includes, but is not limited to, exposure via our website, our API, our data dumps, and our promotional material. You additionally grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Should you submit user content to a third-party website or service, you must abide by the aforementioned Creative Commons License. For avoidance of any doubt, you must ensure that the content, wherever it may be published:

  • Is accompanied by a link to the aforementioned Creative Commons license, which specifically mentions its name in full as above.
  • Includes attribution to our website and all of the users who have contributed to the submitted content, by way of a direct link to the content and the users profile on Podstellar.

You warrant and represent that your user content will comply with these terms of use.

Your user content must not be illegal or unlawful, must not infringe our legal rights or any third party’s legal rights, whether by infringing on trademark, copyright, or other rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).

You must not submit any user content to Podstellar that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

We reserve the right to edit or remove any material submitted to Podstellar, or stored on our servers, or hosted or published upon Podstellar.

Notwithstanding our rights under these terms of use in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on Podstellar.

Limited warranties

We do not warrant the completeness or accuracy of the information published on Podstellar; nor do we commit to ensuring that Podstellar remains available or that the material on Podstellar is kept up-to-date.

To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to Podstellar and the use of Podstellar (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).

Where Podstellar links to, embeds, or streams content from third-party websites, we make no representations concerning the quality, suitability, accuracy, reliability, or timeliness of such content.

Limitations and exclusions of liability

Nothing in these terms of use will: (a) limit or exclude our or your liability for death or personal injury resulting from negligence; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; (c) limit any of our or your liabilities in any way that is not permitted under applicable law; or (d) exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and exclusions of liability set out in this Section and elsewhere in these terms of use: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the terms of use or in relation to the subject matter of the terms of use, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

To the extent that Podstellar and the information and services on Podstellar are provided on an as-is basis, we will not be liable for any loss or damage of any nature.

We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control and to the fullest extent permissible by law.

We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

We will not be liable to you in respect of any loss or corruption of any data, database or software.

We will not be liable to you in respect of any special, indirect or consequential loss or damage.

We will not be liable to you in respect of any bandwidth costs.

Indemnity

You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms of use[, or arising out of any claim that you have breached any provision of these terms of use].

Breaches of these terms of use

Without prejudice to our other rights under these terms of use, if you breach these terms of use in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to Podstellar, prohibiting you from accessing Podstellar, blocking computers using your IP address from accessing Podstellar, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

We may revise these terms of use from time-to-time. Revised terms of use will apply to the use of Podstellar from the date of the publication of the revised terms of use on our website. Please check this page regularly to ensure you are familiar with the current version.

Assignment

We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms of use without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms of use.

Severability

If a provision of these terms of use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Exclusion of third party rights

These terms of use are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms of use is not subject to the consent of any third party.

Entire agreement

These terms of use, together with our privacy policy, constitute the entire agreement between you and us in relation to your use of Podstellar, and supersede all previous agreements in respect of your use of Podstellar.

We may transfer or re-assign this agreement in parts or in its entirety. You may not re-assign or transfer this agreement.

Law and jurisdiction

These terms of use will be governed by and construed in accordance with Swiss law, and any disputes relating to these terms of use will be subject to the non-exclusive jurisdiction of the courts of Switzerland.

Registrations and authorisations

The full name of our company is Podstellar GmbH.

Our registered address is:

Podstellar GmbH
Alfred Comte-Strasse 9
8953 Dietikon
Switzerland

You can contact us by email to hello@podstellar.com