POD-CASTING TERMS AND CONDITIONS

Please Read Thoroughly

1. The Service

1.1 These Terms & Conditions govern your use of the Pod Casting (“Service”), an internet subscription service operated by Listen Up Podcasting that provides users with membership to a Voice Artists database. Pod Casting is provided to you subject to the provisions contained herein for your personal or business use only. Any other use or attempt to use Pod Casting for other purposes, directly or indirectly, by you or by a third party is prohibited.

1.2 Unless explicitly stated otherwise, any new features that augment or enhance the current service shall be subject to these Terms and Conditions of Service. The Service consists of membership and access to a Voice Artists database Pod Casting. Your participation in the Service is conditional upon your acceptance of these stated terms and conditions. Please read the following terms and conditions. Your acceptance of these terms and conditions is indicated by your payment for the services.

1.3 Listen Up Pod Casting reserves the right, at its discretion, to change or modify all or any part of these Terms and Conditions at any time. Such changes or modifications shall be effective immediately upon notice, where your continued use of the Service constitutes your binding acceptance of these terms and conditions, including any changes or modifications made by Pod Casting as permitted above. If at any time these Terms and Conditions are no longer acceptable to you, you should immediately terminate your subscription to the Service in writing.

2. Registration

2.1 You must provide accurate, complete, and current registration information and you agree to provide Listen Up Podcasting with an update of that information promptly should changes occur.

2.2 Subscriptions to the Service are available only to individuals who are at least 18 years of age or to incorporated businesses or sole traders or partnerships or trusts or associations owned or operated by individuals who are at least 18 years of age. Your right to use the Service cannot be transferred to any other person or any other entity.

2.3 Listen Up Podcasting may terminate, at its own discretion, any registration of services, at any time, without notice, for any reason or no reason, including and without limitation for conduct that violates local, state or federal laws or regulations or these Terms of Service, or material that Listen Up Podcasting, at its sole discretion believes is harmful to others, the business of Listen Up Podcasting or other third party information or service providers.

2.4 You agree to comply with any additional copyright notices, information, or restrictions contained in any keywords or other material (“Content”) available on or accessed through the Service. The Content is intended for the use of the registered subscribers of the Service.

2.5 You assume all risk and responsibility for determining whether any Content is in the public domain, regardless of any notices which may be posted on such Content. You grant to Pod Casting the right to edit, copy, publish, distribute, translate and otherwise use any Content that you place on the Service, in any medium. You represent and warrant that you are authorised to grant all rights set forth in the preceding sentence. Any information supplied by you upon registration for the Service.

3. Term

3.1 This Agreement commences of the Commencement Date and continues for the Term, unless terminated earlier in accordance with this Agreement

3.2 After the Initial Term, this Agreement shall automatically renew for a further twelve (12) month period (each a “Renewal Term”) until either party provides the other with written notification of non-renewal. Such notification must be provided at least thirty (30) days prior to the expiry of the Initial Term or the Renewal Term, as the case may be.

3.3 Upon termination or expiration of this Agreement, the Customer must immediately cease use of the Service, and promptly return to Listen Up Podcasting all Confidential Information, software, data, materials and other property of Listen Up Podcasting held by the Customer.

4. User Conduct

You, as a user of the Service, understand that all information contained in your content, whether publicly posted or privately transmitted, are the sole responsibility of the user generating the same. This means that you are responsible and may be held legally liable for all Information that you upload, post or otherwise transmit via Pod Casting. For example, you shall not:

(a) transmit upload or post via Pod Casting any Information that is offensive, vulgar, sexually explicit, racial, hateful, discriminatory, unlawful, invasive of another’s privacy, exploitative of a minor, identifiable information pertaining to a minor, information or instructions concerning illegal activities, information that is harmful, threatening, abusive, harassing, defamatory, libelous, obscene, or otherwise objectionable;

(b) harass, threaten, abuse, defame, embarrass or cause distress or discomfort to another;

(c) transmit upload or post via Pod Casting any Information that you are prohibited from transmitting by any law, including without limitation Information that infringes any patent, trademark, trade secret, copyright or other proprietary right;

(d) transmit, upload or post any Information that contains software viruses 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;

(e) disrupt the normal flow of Information available on or through Pod Casting or otherwise act in a manner that negatively affects other participants or users, transmit, upload or post hidden pages or images, interfere with or disrupt the functionality of Pod Casting or the Listen Up Podcasting servers or networks, or violate any requirements, procedures, policies or regulations of networks connected to Pod Casting, the Listen Up Podcasting network, servers, directories, databases and listings;

(f) transmit, upload or post any unsolicited advertising, promotional materials, or any other forms of solicitation;

(g) intentionally or unintentionally violate any applicable local, state, national or international law or regulation;.

(h) translate, decompile, reverse engineer, disassemble, modify, copy, alter, merge into other software, exploit, reproduce, duplicate, rent, lease, sell, resell, lend, distribute, remarket or otherwise dispose of Pod Casting, use of Pod Casting , or access to Pod Casting or any part thereof;

(i) impersonate in any way, including without limitation by way of forging headers or otherwise manipulating identifiers, any person, entity, leader, Pod Casting or Listen Up Podcasting official, operator or host;

(j) collect or store personal data about other users in any way or form or solicit or harvest passwords or screen names in an illegal manner or without due regard to privacy laws in force;.

5. Fees and Payments

5.1 You agree to pay all fees and charges incurred by you or any third party using your Service account (whether or not authorised by you) at the rates in effect for the billing period in which such fees and charges are incurred, including, but not limited to applicable taxes, and charges for any products or services offered for sale through the Service by Pod Casting or by any third party.

5.2 All Fees charged by Listen Up Podcasting for access to the Service are inclusive of GST

5.3 Your right to use the Service is subject to any limits established by your credit card company if billing is through a credit card. You shall be responsible for obtaining all telephone, telephone access lines, computer equipment and other products or services necessary to access and use the Service. You shall be responsible for all charges associated with accessing and maintaining a connection to the Service (e.g. charges imposed by an Internet access provider, or your local telephone company).

5.4 The subscription amount is the amount agreed to on the order form at the time of sale.

5.5 If your instalment payment has not been made, as per your payment terms, your account will be suspended until payment has been received. If there is no payment after 60 days for an instalment, as per the payment terms, the account will be cancelled and the account will not be subject to any form of a refund.

5.6 Listen Up Podcasting may change the Fee structure for the Service at anytime. Listen Up Podcasting will make reasonable attempts to advise the Subscriber in advance, in writing as to any and all changes to the Fee for the Service. You are responsible for ensuring all contact details provided are up to date. In the event contact details are not current and all reasonable attempts at contact have been made, Listen Up Podcasting may automatically apply the new Fee until such time as You provide a request to cancel. In this instance no Refunds will be granted for increased Fees incurred.

6. Cancellations Policy

Pod Casting will not disclose your personal information, except in circumstances in which it is necessary to do so, or where permitted by law.

6.1 Only Listen Up Podcasting may, at its sole discretion, allow you to cancel your contract.

6.2 Cancellation can happen at anytime with no incursion of cancellation fees by sending a notice of intent to cancel in writing by email to info@listenuppodcasting.com.au

6.3 You are responsible for all charges incurred up to the time the account is cancelled, including all charges for the month in which cancellation became effective.

6.4 Refunds must be approved by management and will be processed within 21 working days from approval. All refund requests must be submitted in writing to info@listenuppodcasting.com.au. Pod Casting is merely a networking facility that creates a space for voice artists and makers of content looking for voice artists to connect. Artists are charged a minimal monthly administration fee to be a part of the network but Listen Up Podcasting does not guarantee any number of connections or jobs and no Refunds will be given on the basis of the lack of connections being made or the amount of paid jobs eventuating from such connections. Pod Casting is purely a facilitator not an employer or agent.

6.5 Listen Up Podcasting reserves the right, at its sole discretion, to restrict, suspend or terminate your access to all or any part of the Service at any time for any reason without prior notice or liability. Listen Up Podcasting may change, suspend or discontinue all or any aspect of the Service at any time, including the availability of any Service feature, database, or content, without prior notice or liability.

7. Exclusion of Liability

YOU WAIVE AND COVENANT NOT TO ASSERT ANY CLAIMS OR ALLEGATIONS OF ANY NATURE WHATSOEVER AGAINST POD CASTING, ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS ARISING OUT OF OR IN ANY WAY RELATING TO YOUR USE OF THE SITE, THE SERVICES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSIBLE THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS OR ALLEGATIONS RELATING TO THE ALLEGED INFRINGEMENT OF PROPRIETARY RIGHTS, ALLEGED INACCURACY OF SITE CONTENT, OR ALLEGATIONS THAT POD CASTING HAS OR SHOULD INDEMNIFY, DEFEND OR HOLD HARMLESS YOU OR ANY THIRD PARTY FROM ANY CLAIM OR ALLEGATION ARISING FROM YOUR USE OR OTHER EXPLOITATION OF THE SITE. YOU USE THE SITE AT YOUR OWN RISK.

WITHOUT LIMITATION OF THE FOREGOING, NEITHER POD CASTING NOR ANY PARTIES PROVIDING SITE CONTENT SHALL BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, THE SERVICES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSIBLE THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM YOUR RELIANCE ON ANY SITE CONTENT OR OTHER INFORMATION OBTAINED FROM POD CASTING OR ACCESSIBLE VIA THE SITE, OR THAT RESULT FROM MISTAKES, ERRORS, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORISED ACCESS TO LISTEN UP PODCASTING’S RECORDS, PROGRAMS OR SERVICES.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF LISTEN UP PODCASTING, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO POD CASTING FOR ACCESS TO OR USE OF THE SITE.

BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT ANY STATE OR OTHER JURISDICTION PROHIBITS THE EXCLUSION OF WARRANTIES OR GUARANTEES OR THE LIMITATION OF LIABILITY AS CONTEMPLATED IN THESE TERMS, NOTHING IN THESE TERMS WILL BE READ AS APPLYING TO THE RELEVANT WARRANTIES OR GUARANTEES THAT CANNOT BE EXCLUDED OR LIABILITY THAT CANNOT BE LIMITED.

8. Debtor Policy

Default & Consequences Of Default

(a) Interest on overdue invoices shall accrue from the date when payment becomes due daily until the date of payment at a rate of 2.5% per calendar month and shall accrue at such a rate after as well as before any judgement.

(b) If the Buyer defaults in payment of any invoice when due, the Buyer shall indemnify the Seller from and against all the Seller’s costs and disbursements including on a solicitor and own client basis and in addition all costs of collection.

(c) Without prejudice to any other remedies the Seller may have, if at any time the Buyer is in breach of any obligation (including those relating to payment), the Seller may suspend or terminate the supply of Goods to the Buyer and any of its other obligations under the terms and conditions. The Seller will not be liable to the Buyer for any loss or damage the Buyer suffers because the Seller exercised its rights under this clause.

(d) If any account remains unpaid at the end of the second month after supply of the goods or services the following shall apply: An immediate amount of $30.00 shall be levied for administration fees which sum shall become immediately due and payable.

(e) In the event that:

(i) any money payable to the Seller becomes overdue, or in the Seller’s opinion the Buyer will be unable to meet its payments as they fall due; or

(ii) the Buyer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or

(iii) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Buyer or any asset of the Buyer; then

(iv) the Seller shall be entitled to cancel all or any part of any order of the Buyer which remains unperformed in addition to and without prejudice to any other remedies; and

(v) all amounts owing to the Seller shall, whether or not due the Seller arising out of these terms and conditions, and the Seller may take any lawful steps to require payment of the amounts due and the Price.

(vi) The Seller can issue proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods may not have passed to the Buyer.

9. Privacy

9.1 Please read the Listen Up Podcasting Privacy Policy before accepting these terms and conditions

9.2 Listen Up Podcasting abides by the Privacy Laws contained within the Privacy Act 1988;

  • the National Privacy Principles contained in the schedules to the Privacy Act 1988 and any approved privacy code that applies to any Party;
  • all guidelines made by the Privacy Commissioner pursuant to the Privacy Act 1988.
  • analogous privacy regulations applicable to Customer, and to Listen Up Podcasting’s use of any Data or Customer’s Personal Information.

“Personal Information” means all information about a person that is collected or otherwise obtained or held by Listen Up Podcasting as a result of this Agreement and that is personal information as defined in the Privacy Laws or is information to which the Privacy Laws apply.

10. Confidentiality

10.1 The Customer and Customer Personnel must treat as confidential all Confidential Information which comes into the possession of the Customer or Customer Personnel, pursuant to or as a result of or in the performance of this Agreement, whether such information relates to the business, sales, marketing or technical operations of Listen Up Podcasting, or the Intellectual Property Rights or industrial property rights of Listen Up Podcasting, or otherwise, and may only disclose such details to those employees of the Customer who need to know such Confidential Information to enable them to carry out their duties to the Customer for performance of the obligations of the Customer under this Agreement.

10.2 The Customer must not, without the prior written permission of Listen Up Podcasting, copy or cause to be copied or disclose Confidential Information to a third party, or otherwise use or exploit the Confidential Information.

10.3 The foregoing obligations and commitments not to disclose Confidential Information shall not apply to:

a)Confidential Information which is at the time of disclosure or thereafter becomes part of the public domain through no act or omission by a Party;

b)Confidential Information which was otherwise lawfully in the possession of a Party, prior to disclosure, as shown by written records;

c)Confidential Information which is after the date of this Agreement lawfully disclosed to a party by a third party which did not acquire the confidential information under an obligation of confidentiality from or through the other party; or

d)disclosure is required by law or a regulatory body (including a relevant stock exchange).

e)The obligations of the Customer under this clause shall survive the termination of this Agreement.

11. DATA

11.1The Customer warrants that:

  1. a) the Customer owns all intellectual property rights in the Data;
  2. b) the dealings of Listen Up Podcasting with the Data will not infringe the intellectual property rights of a third party.

11.2 The Customer acknowledges and confirms that:

  1. a) the Customer must maintain back-up copies of all Data;
  2. b) Listen Up Podcasting does not make any guarantee or warranty of any kind in relation to the Data;
  3. c) Listen Up Podcasting will not be responsible for the reinstatement or recovery of data as a consequence of inadequate back-up being maintained by the Customer, or for delivering any Data back to Customer following any expiration or termination of this Agreement; and
  4. d) the access of the Customer to the Data is contingent upon the prompt payment of applicable Licence Fees.
  5. Subcontractors

Listen Up Podcasting may subcontract the whole, or any part, of the obligations of Listen Up Podcasting under this Agreement without the prior consent of the Customer.

12. Assignment

The Customer must not assign any of its rights under this Agreement without the prior written approval of Listen Up Podcasting, whether by operation of law, merger, change of control, or otherwise. The approval of Listen Up Podcasting will not be unreasonably withheld, conditioned, or delayed. Listen Up Podcasting’s approval or Customer’s assignment of the Agreement will not relieve the Customer of its obligations under this Agreement.

13.Copyright Complaint Policy

13.1 Infringement Notification:

If you believe in good faith that materials hosted by us infringe your copyright, please provide the written information requested below. The procedure outlined below is exclusively for notifying Listen Up Podcasting that your copyrighted material has been infringed.

Please provide the following information in the following format (including Section Numbers):

  1. a) A clear identification of the copyrighted work you claim was infringed.
  2. b) A clear identification of the material you claim is infringing the copyrighted work, and information that will allow us to locate that material on the Website, such as a link to the infringing material.
  3. c) Your contact information so that we can reply to your complaint, preferably including an email address and telephone number.
  4. d) Include the following statement: “I have a good faith belief that the material that is claimed as copyright infringement is not authorised by the copyright owner, its agent, or the law.”
  5. e) Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and I am the copyright owner, or am authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.”
  6. f) The notice must be signed by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notices of claims of copyright infringement on this website should be emailed to:

Copyright Complaints Listen Up Podcasting

Info@listenuppodcasting.com.au

13.2 We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, please note that you may be liable for damages (including costs and attorneys fees) if you make a false claim of copyright infringement.

13.3 We will review and address all notices that comply with the requirements above.