These Terms of Service ("Agreement") constitute a legally binding agreement between you ("User" or "Customer") and MillionPodcasts ("we," "our," or "us"). By accessing or using our website, mobile applications, and other interactive properties (collectively, the "Service"), you agree to be bound by these Terms. If you are using the Service on behalf of a business or other legal entity, you represent that you have the authority to bind that entity to this Agreement, and "you" refers to that entity. If you do not agree with these terms, you may not use the Service.
You agree not to, directly or indirectly, and if the Customer is an organization, not to permit any Authorized Users or third parties to:
You are prohibited from downloading or copying account information for the benefit of another merchant. Engaging in "deep-linking," using data mining, robots, or similar data gathering and extraction tools on the Site is not allowed. You may not reproduce or copy any portion of the Site for commercial purposes without express written consent from MillionPodcasts.
Additionally, you may not:
To access certain features of the Service, you must sign-up. When doing so, you represent and warrant that the information you provide is accurate and complete in all respects. Registrations must be made personally by you. Each User Account must have a unique sign-up, with only one login allowed per account. Each account must be associated with an individual employee’s email address and cannot be shared. Generic or shared emails are not permitted for account creation. Accounts created by "bots" or other automated methods are strictly prohibited. You may never use another person's account without permission and may not allow anyone else to use your account. Sharing a single account among multiple individuals is not allowed under any circumstances. Providing email addresses to access your MillionPodcasts account to any parties not working on behalf of your organization is strictly prohibited.
When you create an account, we collect registration-related information, including your email address and name. As long as you use the sign-up, you agree to provide true, accurate, current, and complete information. USER IDS AND PASSWORDS: You are solely responsible for all activity that occurs under your account, regardless of whether it is authorized by you. Additionally, you agree to choose a strong and secure password and to keep your password(s) confidential. If you suspect that your password or the security of this Site has been compromised in any way, you must immediately notify us at: security@millionpodcasts.com.
By creating a paid subscription account, you consent to allow millionpodcasts to charge your payment method, either directly or through its payment processors, for the amounts due for your initial subscription period and for additional subscription periods until your account is canceled or terminated.
Monthly Subscription If you have a monthly subscription, the following terms apply: The fees for your first month of service will be charged to your credit card on the day the free trial ends, and fees for each additional month will be charged on the monthly recurrence of your sign-up date. If the recurrence date does not exist in a particular month, the charge will occur on the last day of that month (for example, if you sign up on May 31st, your next month of service would be charged on June 30th). We do not provide refunds or credits for partial months of service.
Annual Subscription If you have a annual subscription, the following terms apply: We do not provide refunds or credits for partial years of service, downgrades in service that occur after the Effective Date and/or prior to the end of an annual billing cycle, or all or any portion of an annual billing cycles in which the service was unused but the account was open, or for any other reason.
Paid accounts for monthly subscriptions will automatically renew for the same subscription period unless canceled before the end of the current subscription period. To cancel a paid service, you may do so via the billing section (link to billing section). If you cancel a paid service before the end of a monthly billing cycle, the cancellation will take effect immediately, and you will not be charged for the next month's service. However, no refunds will be provided for fees paid for the current monthly billing cycle during which the cancellation occurs. Upon cancellation, all content in your account will be permanently deleted, and you will not be able to recover this information afterward.
For auto-renewing annual paid services, cancellation can also be done via the billing section (link to billing section). If you cancel a paid service with a one-year term after the effective date and/or before the end of the applicable annual billing cycle, your cancellation will take effect immediately, and your subscription will not renew. You may continue to use the service through the end of the paid annual subscription term. No refunds will be issued for fees paid for the annual billing cycle during which the cancellation occurs.
If you add-on additional Services to your paid service after the Effective Date and/or prior to the end of a monthly/annual subscription term, you will be charged a prorated portion of the new rate for that monthly/annual subscription term, and the monthly/annual fee will be increased for future monthly subscription terms. If you eliminate an add-on service to a paid service in the middle of a monthly/annual subscription term, you will not receive a refund for that subscription term, but future monthly/annual fees will be decreased accordingly.
Delinquent accounts may be sent to collections at our sole discretion. You are responsible for all costs incurred in connection with collection efforts in addition to any unpaid fees.
We reserve the right to modify any fees or charges for using any services offered on the Service at any time. This includes the possibility of introducing fees for services that were previously free. However, these changes will not affect fees or charges that have already been paid before the change takes effect.
Taxes:The Fees are exclusive of applicable sales, excise, or use taxes. We will charge you sales tax along with your order, based on your billing address. In addition, you will be responsible for all other applicable taxes, levies, duties or similar charges, only excluding taxes based on our income.
Content submitted by users for transmission through or inclusion on MillionPodcasts' services is referred to in these Terms of Service as "User Content." User Content includes both private content stored for personal use ("Private Content") and content submitted for public areas of the service ("Public Submissions").
Responsibility and Rights: Users are solely responsible for any User Content they submit, display, link to, or otherwise make available through MillionPodcasts' services. Users must ensure they possess the necessary rights and permissions to use and share their User Content.
License Grant: By submitting User Content, users grant MillionPodcasts a non-exclusive, worldwide, royalty-free license to store, reproduce, modify, distribute, publicly display, and otherwise use the User Content to provide and improve the services. This license continues even if the user's account is terminated or this Agreement ends.
Permissions and Compliance: Users represent and warrant that they have the necessary rights and permissions to grant the license described above and that using their User Content does not infringe or violate any third-party rights or applicable laws.
Management and Disclosure: MillionPodcasts may remove or disable access to any User Content at its discretion. Additionally, MillionPodcasts may preserve and disclose User Content if required by law.
Podcaster Contact Information: Users may provide MillionPodcasts with contact lists of podcasters to include in the master database of podcasters ("Podcaster Database"). This information may include the name, title, publication, email address, and phone number of podcasters. Such Podcaster Contact Information is considered a Public Submission and will be treated accordingly. Users acknowledge that by submitting this information, they assume all risks associated with its publication. However, private notes or other non-public details about interactions with podcasters will be considered Private Content and will not be included in the Podcaster Database. Users can choose whether or not to provide such information, and they may still use the services without providing it.
You acknowledge that MillionPodcasts retains all rights, title, and interest in and to the Website, Services, and the underlying technology, including any modifications, work product, and derivative works related thereto. This includes all associated intellectual property rights, such as patents, copyrights, trademarks, database rights, moral rights, trade secrets, and know-how, whether registered or unregistered, across the world. These rights are solely owned by MillionPodcasts and its licensors or affiliates.
By using our services, you grant MillionPodcasts the right to use your name, logo, and other proprietary marks for promotional, informational, and advertising purposes. You may revoke this consent by contacting support@millionpodcasts.com.
If you provide any ideas, suggestions, comments, or other feedback related to the Website or Services ("Feedback"), you agree that such Feedback is non-confidential. MillionPodcasts shall own all rights to this Feedback, and you will not receive any compensation or attribution for it.
If you believe your work has been used in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify us at support@millionpodcasts.com. You must include a description of the copyrighted work, the content on the Website or Services that you claim is infringing, and sufficient information for us to contact you. We will take appropriate action, which may include notifying the alleged infringer or removing the infringing content.
You grant MillionPodcasts a revocable, non-exclusive, non-sub-licensable, non-transferable, royalty-free right and license (the "Trademark License'') to use, display, and reproduce your company name, logo, trademarks, and service marks (the "Trademarks") to identify you as a MillionPodcasts customer on the site and in other marketing materials. You may request that MillionPodcasts stop doing so by submitting an email to legal@millionpodcasts.com at any time. Please note that it may take us up to thirty (30) days to process a request.
We will not tolerate violations of intellectual property rights. If you are a copyright owner and believe that any Public Submission or other Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”). To provide us notice of an infringement, you must provide a written communication to the attention of “DMCA Infringement Notification Dept.” at MillionPodcasts, LLC, 382 NE 191st Street, #74788, Miami, FL 33179-3899, or by email to copyrights@millionpodcasts.com, that sets forth the information specified by the DMCA (see https://www.copyright.gov/title17/92chap5.html#512). You may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is infringing your copyright.
If you choose to integrate the Service with other services not owned or operated by MillionPodcasts, it is solely your responsibility. MillionPodcasts is not responsible for any use, disclosure, modification, or deletion of your User Content by these third-party services. We disclaim any liability related to the use of third-party services in connection with this Service.
The Service includes links to third-party tweets and other websites and services that are not owned or controlled by MillionPodcasts. You acknowledge that we have no control over these sites and resources and are not responsible for their availability. We do not endorse and are not liable for any content, advertising, products, services, or information on these third-party sites or any websites they link to (collectively, "Third Party Content"). We are not responsible for any damage or loss caused or alleged to be caused by your use of or reliance on any Third Party Content.
Your access to and use of the Services or any Content are at your own risk. You understand and agree that the Services are provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE MILLIONPODCASTS ENTITIES (MillionPodcasts ENTITIES are MillionPodcasts founders, officers, directors, employees, agents, representatives, partners) DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
The MillionPodcasts Entities make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security, or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the MillionPodcasts Entities or through the Services, will create any warranty not expressly made herein.
The Services may contain links to third-party websites or resources. You acknowledge and agree that the MillionPodcasts Entities are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by the MillionPodcasts Entities of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. By using YouTube Videos you agree to YouTube Terms of Service.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE MILLIONPODCASTS ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE MILLIONPODCASTS ENTITIES EXCEED ZERO DOLLARS (U.S. $0.00). THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE MILLIONPODCASTS ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
You agree to defend, indemnify, and hold harmless MillionPodcasts and its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, obligations, liabilities, costs, or debt, and expenses (including but not limited to attorney’s fees) arising from: (1) your use of and access to the Service in a manner not authorized by this Agreement; (2) your violation of any term of these Terms of Service; (3) any third-party claim that the User Content, or the use thereof in accordance with this Agreement, violates any applicable law or regulation; (4) any third-party claims based on your or any authorized users’ negligence or willful misconduct; or (5) any action taken by a third party using your account or user ID.
This defense and indemnification obligation will survive the termination of these Terms of Service and your use of the Service. MillionPodcasts reserves the right to assume the exclusive defense and control of any matter subject to indemnification under this section. In such cases, you agree to cooperate with any reasonable requests from us regarding our defense of such matters. You may not settle any third-party claim against us without our prior written consent.
You represent and warrant that: (a) all information you provide on your User Account is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are at least 18 years of age and have the capacity and authority to enter into this Agreement; and (d) your use of the Services does not and will not violate any applicable law or regulation.
Users of MillionPodcasts must adhere to the following code of conduct. You may not use the Service for any unlawful or prohibited purpose, as outlined in these Terms of Service and Privacy Notice. Specifically, you agree not to:
Abuse, harass, threaten, impersonate, or intimidate others.
Contribute any content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive, or violates any law or third-party rights.
Engage in activities aimed at obtaining passwords, accounts, or private information from other users.
Transmit unwanted emails or other communications.
Submit content related to affiliate programs, multi-level marketing schemes, or off-topic material.
Take actions that impose an unreasonable or disproportionately large load on our infrastructure.
Interfere or attempt to interfere with the proper functioning of the Service.
Bypass any measures designed to prevent or restrict access to the Service.
By using MillionPodcasts, you agree to abide by these guidelines to maintain a respectful and safe environment for all users.
MillionPodcasts shall not be liable for any failure or delay in the performance of its obligations due to circumstances beyond its reasonable control. These circumstances include, but are not limited to, acts of God, governmental actions, wars, acts of terrorism, earthquakes, fires, floods, labor conditions, power failures, and Internet disturbances. This exclusion applies to events affecting the material or geographical area impacted by the Force Majeure event, with the exception of payment obligations under this Agreement.
Most communications between MillionPodcasts and you will occur electronically. You agree that all agreements, notices, disclosures, and other electronic communications exchanged between you and us satisfy any legal requirements for written communication. Notices to you shall be sent to the email address associated with your account and will be deemed received when sent. You may change your email address on file by notifying us at support@millionpodcasts.com. MillionPodcasts is not obligated to provide communications in paper format but may do so at its discretion.
Notices to MillionPodcasts should be sent to legal@millionpodcasts.com. All notices are considered delivered immediately upon receipt of electronic mail or, if otherwise delivered, upon receipt or five (5) business days after being deposited in the mail or with a courier.
These Terms, and our Privacy Policy are the entire and exclusive agreement between MillionPodcasts and you regarding the Services.
We may revise these Terms from time to time and revised terms will be updated on this page. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.