Audio Pitara Podcasters Program Terms and Conditions Annexure
Effective: August 1st, 2023
Please read these Terms and Conditions of Use (these “Terms”) carefully as they govern your
access to or use of the Audio Pitara Podcasters Program (the “Service”) and any material that is
made available through the Service (the “Content”).
Use of the Service may be subject to additional terms and conditions presented by Audio Pitara,
which are hereby incorporated by this reference into these Terms.
By signing up for, or otherwise using, the Service, you agree to these Terms. If you do not agree
to these Terms, then you must not use the Service or access any Content.
THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH
IN SECTION BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE
DISPUTES, RATHER THAN JURY TRIALS OR ANY OTHER COURT PROCEEDINGS, OR CLASS ACTIONS
OF ANY KIND.
Service Provider
These Terms are between you
(a) if you are a resident of, or entity organized under, or otherwise subject to the laws of, India
or
(b) if you are a resident of, or entity organized under, or otherwise subject to the laws of, any
country outside of India
and Audio Pitara by Channel176 Productions Pvt Ltd, with office at UNIT NO. 801, UNIQUE
TOWER, OFF SV ROAD, GOREGAON WEST MUMBAI-400104 MAHARASHTRA INDIA.
Age and eligibility requirements
In order to use the Service and access any Content, you need to
(1) Be 13 years of age (or the
equivalent minimum age in your home country) or older.
(2) You should have a parent or guardian consent if
you are a minor in your home country.
(3) You have the power to enter a binding contract with us
and not be barred from doing so under any applicable laws.
(4) If you reside in a country where
the Service is available. You also promise that any registration information that you submit to
Audio Pitara is true, accurate, and complete, and you agree to always keep it that way If you are
a minor in your home country, your parent or guardian will need to enter into these Terms on
your behalf. You can find additional information regarding minimum age requirements in the
registration process. If you do not meet the minimum age requirements, then Audio Pitara will
be unable to register you as a user.
Audio Pitara Podcasters Program Service Provided By Us
Service Limitations and Modifications
Audio Pitara will make reasonable efforts to keep the Service operational. However, Audio Pitara
makes no assurances that the Service will be available continuously on a 24 x 7 x 365 basis.
Certain technical difficulties or maintenance may result in temporary interruptions. Audio Pitara
reserves the right, periodically and at any time, to modify or discontinue, temporarily or
permanently, functions and features of the Service, with or without notice, all without liability
to you, except where prohibited by law, for any interruption, modification, or discontinuation of
the Service or any function or feature thereof. You understand, agree, and accept that Audio
Pitara has no obligation to maintain, support, upgrade, or update the Service, or to provide all
or any specific content through the Service. This section will be enforced to the extent
permissible by applicable law. Audio Pitara and/or the owners of any Content may, from time to
time, remove any such Content without notice to the extent permitted by applicable law or
these Terms.
Third-party devices and software
The Service may be integrated with, or may otherwise interact with, third-party applications,
websites, and services (“Third-Party Applications”) and third-party personal computers, mobile
handsets, tablets, wearable devices, speakers, and other devices (“Devices”). Your use of
Third-Party Applications and Devices may be subject to additional terms, conditions and policies
provided to you by the applicable third party. Audio Pitara does not guarantee that Third-Party
Applications or Devices will be compatible with the Service.
Data Insights
You acknowledge that Audio Pitara Podcasters Program is a service that we are providing to you
for use at our discretion. The Service may provide you with the ability to view usage data of
your podcast and demographic data on your fans. While we work hard to ensure the accuracy of
the data, we do not guarantee that the Service or the data we collect from the Service will be
available error-free or that mistakes, including mistakes in the data insights that we provide to
you, will not happen from time to time. Where there is a glitch or mistake in the Service, we will
take all reasonable efforts to address or correct these mistakes. You agree that you will
indemnify and hold us harmless against any damage, liability, or costs that you incur as a result
of a mistake, error, or glitch in this free service or arising from your use of the data. All data is
provided to you “AS-IS.” You use all such data provided by us at your sole risk and discretion.
Audio Pitara's Proprietary Rights
The Service and the Content are the property of Audio Pitara or Audio Pitara’s licensors. All
Audio Pitara trademarks, service marks, trade names, logos, domain names, and any other
features of the Audio Pitara brand (“Audio Pitara Brand Features”) are the sole property of
Audio Pitara or its licensors. These Terms do not grant you any rights to use any Audio Pitara
Brand Features whether for commercial or non-commercial use.
The content you share with the service.
Audio Pitara Podcasters Program users, including you and any of your Subscribing Entity’s
Delegates, may, at no cost to Audio Pitara, post, upload, or otherwise contribute content to the
Service (“User Content”). For the avoidance of doubt, “User Content” includes all information,
materials and other content that is added, created, uploaded, submitted, distributed, or posted
to the Service. Audio Pitara, and/or any third party appointed by Audio Pitara, may in its sole
discretion decide to use all, or parts of, the metadata provided, as well as to supplement and/or
replace such metadata.
You are solely responsible for all User Content that you record.
You promise that, with respect to any User Content you share with the Service,
(1) You own or
have the right to post such User Content, including all rights and authorizations relating to any
content in the recordings that you share;
(2) Such User content, or its use by Audio Pitara
pursuant to the license granted below, does not:
(i) Violate these Terms, applicable law, or the
intellectual property or other rights of any third party;
(ii) Imply any affiliation with or
endorsement of you or your User content by Audio Pitara or any artist, band, label, or other
individual or entity, without the prior express written consent from Audio Pitara or such
individual or entity;
(3) You have and shall have acquired, retained and properly
administered any third-party rights, licenses, authorizations, consents, permissions and
approvals relating to the User Content you post to the Service, including but not limited to any
music content, and relating to the exercise by Audio Pitara of its rights under these Terms, and
that all rights, licences, consents, waivers, clearances, or approvals necessary required from any
collecting society (including but not limited to collecting societies such as STIM, MCPS, PRS, PPL
and VPL) or any other party in order for Audio Pitara to lawfully exercise and enjoy its rights
granted under this Agreement (including, without limitation, all necessary music,
synchronisation, mechanical transfer and performing rights clearances) have been or will be
obtained and paid for and shall be maintained for the duration of these Terms;
(4) You shall be
solely responsible for complying with the terms and conditions set forth in each of the
third-party licenses, authorizations, consents, permissions and approvals referenced above, and
you shall be solely responsible for making any and all payments of royalties, fees and any other
monies (however characterized) to any and all third parties as and when required under such
third-party licenses, authorizations, consents, permissions and approvals;
(5) All User Content
you submit to the Service is correct, accurate, and does not violate the Audio Pitara User
Guidelines.
In posting or sharing User content or other information on the Service, please keep in mind that
content and other information will be publicly accessible, and may be used and re-shared by
others, so please use caution in posting or sharing on the Service, and be mindful of your
account settings. Audio Pitara is not responsible for what you or others post or share on the
Service.
Delivering User Content
You shall submit User Content to the Service through the submission of an XML-based standard
web rich site summary feed format (“RSS Feed”), which RSS Feed may include various files and
the transmission of text and other metadata. You shall also submit User Content through other
relevant input fields made available in the Audio Pitara for Podcasters user interface.
Takedowns and monitoring user content
Audio Pitara shall be under no obligation to include and/or distribute User Content via the
Service. Audio Pitara may, but has no obligation to, monitor, or review User Content. Except to
the extent prohibited by applicable law, Audio Pitara reserves the full right to remove or disable
access to any User Content from the Service in its sole discretion, including, but not limited to,
when User Content violates the Audio Pitara User Guidelines. Audio Pitara may take these
actions without notification to you.
Removal or disabling of User Content will result in the deletion of the User Content from the
Service but you agree that the User Content may still be temporarily available to offline Audio
Pitara users who saved the applicable User Content for offline listening on a user’s device.
Licenses that you grant us
User Content
You retain ownership of your User Content when you post it to the Service. However, in order
for us to make your User Content available on the Audio Pitara Service, we do need a limited
license from you to that User Content. Accordingly, you hereby grant Audio Pitara a
non-exclusive, transferable, sub-licensable, royalty-free, fully paid, worldwide license to:
(a)
Download, digitally transcode, modify, make copies of, create derivative works from (including
the right to transcribe, e.g. for the purpose of optimizing search functionalities, improving
personalization, simplifying content review and/or displaying on the Audio Pitara Platform, but
not including the development and production of derivative audio or video works or the
exploitation of customary ancillary rights, e.g. merchandise, live events, etc.), and otherwise
process, the User Content to the extent reasonably necessary to transmit and communicate to
the public the User Content and operate the Service;
(b) Transmit and communicate to the
public the User Content on a pre-programmed and on-demand basis to terminal devices of
Audio Pitara users in
(i) Any industry-standard implementation of the digital media “streaming”
format, as that term is commonly understood, in all cases wherein the content of the media file
is rendered simultaneously with its transmission;
(ii) The so-called “conditional download”
format wherein the transmission of a media file results in a playable copy of the media file
being deposited on the storage medium of a terminal device;
(c) Transmit, communicate to the
public and display the User Content for purposes of identifying and promoting the availability of
the corresponding User Content on the Service;
(d) Make and store on Audio Pitara’s servers
and terminal devices such copies of User Content as are reasonably necessary to enable Audio
Pitara to transmit and communicate to the public User Content and communicate to the public
and display images as permitted hereunder;
(e) Use the User Content for internal research,
development and business purposes. For the avoidance of doubt, Audio Pitara will determine,
at its sole discretion, whether the User Content will be distributed via the Service, and Audio
Pitara shall be entitled to use the User Content in conjunction with all of the tiers, features and
functionalities, websites and user interfaces, as well as all content and software applications
associated with our services (collectively, the “Audio Pitara Platform”) (which includes, but is
not limited to, the right to transcribe User Content, e.g. for the purpose of optimizing search
functionalities, improving personalization, simplifying content review and/or displaying on the
Audio Pitara Platform). You further grant us the non-exclusive, irrevocable, fully paid, worldwide
right to use your name, likeness, and photograph on the Service and in our marketing
communications to advertise, market and promote the availability of your User Content on the
Service.
Conditional upon you supplying the relevant information in the User Content’s associated
metadata, Audio Pitara shall display a link to the following information via the Audio Pitara
client interface for the Service in connection with each User Content: (a) a standard copyright
notice supplied by the user [e.g. “(p) and (c) [Year] Audio Pitara by Channel176 Productions. All
rights reserved.”] in a readable size; and (b) the title of the User Content as set forth in such
metadata.
Aside from the rights specifically granted in these Terms, you retain ownership of all rights,
including intellectual property rights, in the User Content that you post, and you have only
granted us a license as set forth in these Terms. Where applicable and permitted under
applicable law, you also agree to waive and not enforce any “moral rights” or rights, such as
your right to be identified as the author of any User Content, including Feedback, and your right
to object to derogatory treatment of such User Content. If such moral rights are not waivable,
then you at least agree not to sue us for failure to identify you as the author of any User
Content or for any use of your User Content on the Service.
Feedback
If you provide feedback, ideas or suggestions to Audio Pitara in connection with the Audio Pitara
for Podcasters Service or the Content (“Feedback”), such Feedback is not confidential and may
be used by Audio Pitara without restriction and without payment to you. Feedback is
considered a type of User Content.
Infringement claims
Audio Pitara respects the rights of intellectual property owners. If you believe that any Content
infringes your intellectual property rights or other rights, please see the Audio Pitara Copyright
Policy.
Problems and Disputes
Term and Termination
These Terms will continue to apply to you until terminated by either you or Audio Pitara. Audio
Pitara may terminate these Terms (including any additional terms and conditions incorporated
herein) or suspend your access to the Service at any time if we believe you have breached any
of these Terms, if we stop providing the Service or any material component thereof, or as we
believe necessary to comply with applicable law. If you or Audio Pitara terminate these Terms,
or if Audio Pitara suspends your access to the Audio Pitara Service, you agree that Audio Pitara
shall have no liability or responsibility to you, and (except as expressly provided in these Terms)
Audio Pitara will not refund any amounts that you have already paid. You may terminate these
Terms at any time through the Customer Service contact form on the Contact Us section of our
website, or by terminating your Audio Pitara user account, in which case you may not continue
accessing or using the Service. To learn how to terminate your Audio Pitara account, please use
the Customer Support resources on our About Us page.
The following sections shall survive termination:
- Section 2 (The Audio Pitara for Podcasters Service Provided by Us)
- Section 3 (Your Use of the Audio Pitara for Podcasters Service)
- Section 4 (Content and Intellectual Property Rights)
- Section 5 (Problems and Disputes)
- Section 6 (Problems and Disputes)
- Section 7 (About These Terms), as well as any other sections of these Terms that, either explicitly or by their nature, must remain in effect even after termination of these Terms, shall survive termination.
Warranty and Disclaimer
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES OF ANY
KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. FURTHER, AUDIO PITARA AND ALL OWNERS
OF THE CONTENT DISCLAIM ANY EXPRESS, IMPLIED, AND STATUTORY WARRANTIES REGARDING
THE CONTENT, INCLUDING WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER AUDIO PITARA NOR
ANY OWNER OF CONTENT WARRANTS THAT THE AUDIO PITARA SERVICE OR CONTENT IS FREE
OF MALWARE OR OTHER HARMFUL COMPONENTS. IN ADDITION, AUDIO PITARA MAKES NO
REPRESENTATION REGARDING, NOR DOES IT WARRANT OR ASSUME ANY RESPONSIBILITY FOR,
ANY THIRD-PARTY APPLICATIONS (OR THE CONTENT THEREOF), USER CONTENT, DEVICES OR
ANY PRODUCT OR SERVICE ADVERTISED, PROMOTED OR OFFERED BY A THIRD PARTY ON OR
THROUGH THE AUDIO PITARA SERVICE OR ANY HYPERLINKED WEBSITE, AND AUDIO PITARA IS
NOT RESPONSIBLE FOR ANY TRANSACTIONS BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS
OF THE FOREGOING. NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED
BY YOU FROM AUDIO PITARA SHALL CREATE ANY WARRANTY ON BEHALF OF AUDIO PITARA.
WHILE USING THE AUDIO PITARA SERVICE, YOU MAY HAVE ACCESS TO EXPLICIT CONTENT
FILTERING FEATURES, BUT USE OF THESE FEATURES MAY STILL RESULT IN SOME EXPLICIT
CONTENT BEING SERVED AND YOU SHOULD NOT RELY ON SUCH FEATURES TO FILTER ALL
EXPLICIT CONTENT. THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE
LAW.
Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable
statutory rights of a consumer, so the exclusion and limitations in this section may not apply to
you.
Podcast Hosting Services
If you host your User Content with a third party podcast hosting service (“Podcast Hosting
Service”), you acknowledge that this Agreement is between you and Audio Pitara only, not with
your Podcast Hosting Service. Your Podcast Hosting Service is not an intended beneficiary of
these Terms and your Podcast Hosting Service is not responsible for the Service or Content. Your
Podcast Hosting Service has no obligation whatsoever to furnish any maintenance and support
services with respect to the Service. Notwithstanding the foregoing, you acknowledge and
agree that Audio Pitara, in its sole discretion, may share Content with Podcast Hosting Services,
such as data analytics, and such Content may include data related to your User Content.
Indemnification
You agree to indemnify and hold Audio Pitara harmless from and against all damages, losses,
and expenses of any kind (including reasonable attorney fees and costs) arising out of or related
to:
(1) Your breach of any of these Terms (including any additional Audio Pitara terms and
conditions incorporated herein);
(2) Any User Content you post or otherwise contribute;
(3) Any
activity in which you engage on or through the Audio Pitara Service;
(4) Your violation of
any law or the rights of a third party.
Exceptions
You and Audio Pitara both agree that nothing in this Arbitration Agreement will be deemed to
waive, preclude, or otherwise limit either of our rights, at any time, to bring an individual action:
(1) In a U.S. small claims court.
(2) In a court of law, in accordance with the jurisdiction and
venue described in Section 24.1.1 above, seeking
(a) Only temporary or preliminary
individualized injunctive relief, pending a final ruling from the arbitrator.
(b) Public injunctive
relief, pending a ruling on the substance of such claim from the arbitrator. In addition, this
Arbitration Agreement doesn’t stop you or us from bringing issues to the attention of federal,
state, or local agencies. Such agencies can, if the law allows, seek relief against us on your
behalf (or vice versa).
No Class or Representative Proceedings: Class Action Waiver
YOU AND AUDIO PITARA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN
YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY
PURPORTED CLASS OR REPRESENTATIVE ACTION.
Unless both you and Audio Pitara agree, no
arbitrator or judge may consolidate more than one person’s claims or otherwise preside over
any form of a representative or class proceeding. The arbitrator may award 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. If a court decides that applicable law precludes
enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that
claim (and only that claim) must be severed from the arbitration and may be brought in court.
About These Terms
Under applicable law, you may have certain rights that can’t be limited by a contract. These
terms are in no way intended to restrict those rights.
Changes to these Terms
We may make changes to these Terms (including any additional Audio Pitara terms and
conditions incorporated by reference herein) from time to time by notifying you of such
changes by any reasonable means, including by posting a revised Agreement on the applicable
Audio Pitara Service (provided that, for material changes, we will seek to supplement such
notice by email, an in-service pop-up message, or other means). Any such changes will not
apply to any dispute between you and us arising prior to the date on which we posted the
revised Terms, or other Audio Pitara terms and conditions, incorporating such changes, or
otherwise notified you of such changes. Your use of the Audio Pitara Service following any
changes to these Terms will constitute your acceptance of such changes. If you do not wish to
continue using the Audio Pitara Service under the updated Terms, you may terminate your
account by contacting us. The effective date set forth at the top of this document indicates
when these Terms were last changed.
Entire Agreement
Other than as stated in this section or as explicitly agreed upon in writing between you and
Audio Pitara, these Terms constitute all the terms and conditions agreed upon between you and
Audio Pitara and supersede any prior agreements in relation to the subject matter of these
Terms, whether written or oral. Please note, however, that other aspects of your use of the
Service may be governed by additional agreements. As noted above, other terms and conditions
governing use of the Audio Pitara Service are incorporated herein by reference, including the
following terms and conditions: the Audio Pitara User Guidelines; the Audio Pitara Copyright
Policy; and the Audio Pitara Support Community Terms.
Severability and Waiver
Unless as otherwise stated in these Terms, should any provision of these Terms be held invalid
or unenforceable for any reason or to any extent, the remaining provisions of these Terms will
not be affected, and the application of that provision shall be enforced to the extent permitted
by law.
Any failure by Audio Pitara or any third-party beneficiary to enforce these Terms or any
provision thereof shall not waive Audio Pitara’s or the applicable third-party beneficiary’s right
to do so.
Assignment
Audio Pitara may assign any or all of these Terms, and may assign or delegate, in whole or in
part, any of its rights or obligations under these Terms. You may not assign these Terms, in
whole or in part, nor transfer or sub-license your rights under these Terms, to any third party.
AUDIO PITARA PODCASTER PROGRAM COMMUNICATION
At Audio Pitara, we value your feedback, questions, and concerns. Connecting with us is easy, and we’re here to assist you in every way we can. Whether you have inquiries about our podcasts, want to collaborate, or simply wish to share your thoughts with us, we’re just a message away.
You can reach out to us through the following channels:
Email US
Drop us an email at podcast@audiopitara.com and our team will get back to you soon.
Phone
Feel free to give us a call at +91 73047 93473 during our working hours, and we'll be delighted to assist you.
You can also reach us via WhatsApp at +91 73047 93473. We're available to chat and address your queries.
Google Form
To streamline your concerns or feedback, you can use our Google Form
