Please read these Terms and Conditions (“Agreement”, “Terms and Conditions”) carefully before using https://rss.com (“the Site”) operated by RSS America, LLC (“RSS America, LLC,” “us”, “we”, or “our”). This Agreement sets forth the legally binding terms and conditions for your (“your,” “yourself,” “you”) use of the Site, and any information, content, or materials that you access, use, or receive from the Site. If you as an individual use this Site for yourself, or sign up for a plan using your business email domain or in the name of a business entity, that entity is the user and “your,” “you,” and “yourself” in these Terms and Conditions refers to that business entity which, by accepting these terms, you represent that you have the requisite authority to so bind.
The Site allows podcasters to publish and host episodes by uploading them via a web browser. We then host, generate and update your RSS podcast feed and produce a dynamic website that includes a list of your most recent podcasts, an archive, and a streaming media player. The stream is available on the Site and is reachable via the main podcast directories.
You acknowledge and agree that this Agreement is entered into in consideration of your use of the Site pursuant to the terms of this Agreement and for other good and valuable consideration, the receipt and sufficiency of which you acknowledge.
If you subscribe to the Site, then you acknowledge and agree that you will be charged according to our pricing. We reserve the right to change such pricing, and if we do, we will provide reasonable notice of such change on the Site or via email. Your continued use of the Site after the pricing change becomes effective constitutes your agreement to the changed pricing.
Charges are processed via a third-party payment processor (currently Stripe, which has its own Services Agreement). By providing your payment method and subscribing to the Site, you authorize our third-party payment processor, as applicable, to charge your payment method the applicable charges and any applicable sales, value-added or similar taxes.
Your subscription automatically renews at the end of each subscription term. You may cancel your payment subscription prior to the automatic renewal at any time, in which case your subscription shall be discontinued upon the expiration of the then-current subscription term.
From time to time, we may offer trial subscriptions for a specified period and to certain users at a reduced rate or free of charge. The length of such trials may vary, and we reserve the right, at our discretion, to modify or withdraw the terms of the trial at any time without any liability.
To access and use the Site, you will need to register and create a free account. For the purpose of creating your free account, you’ll need to provide us with a valid email address and a password. Your free account allows you to create a new podcast show and upload up to one podcast episode.
If you wish to upload more than one episode, you’ll need to choose a plan and provide your credit card information. You can also provide optional billing information such as address, phone number and tax ID. Your email and password data will be securely stored by us. Optional billing information will be securely stored by us and by our third party secure payment processor (see the Subscription section of this Agreement). Your credit card information will be stored only by our secure payment processor. We will not store your credit card information.
You agree to provide accurate, current and complete information about your Account. We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter is or becomes inaccurate, false or misleading. You are responsible for maintaining the confidentiality of your password and Account and agree to notify us at email@example.com if any of the passwords is lost, stolen, or disclosed to an unauthorized third-party, or otherwise may have been compromised. You are responsible for all activities that occur under your Account.
ACCEPTABLE USE AND RESTRICTIONS
By using the Site, you agree to the following restrictions and conditions upon such use. The restrictions and conditions described herein are not exhaustive. By violating these Terms and Conditions or allowing or enabling others in doing so, we may suspend or terminate your use of the Site at our discretion.
By using the Site, or transmitting or submitting any content, information or other materials through the Site, you agree to not, and to not allow or otherwise enable others to:
- Infringe, violate, or otherwise misappropriate the legal rights of us or others, including but not limited to intellectual property rights, privacy, and publicity rights;
- submit content, information, or other materials that are malicious, false, inaccurate, pornographic, defamatory, libelous, obscene, harassing, incendiary, abusive, threatening, offensive, racist, deceptive, encouraging harmful or criminal conduct;
- engage in, promote, or encourage illegal activity;
- attempt to, or harass, abuse or harm another person or group of people;
- collect or store any personally identifiable information form the Site or from other users of the Site without their express permission;
- use for any unlawful, invasive, infringing, defamatory or fraudulent purpose (for example, offering or disseminating fraudulent goods or services, or promotions, make-money-fast schemes, ponzi and pyramid schemes, phishing or pharming);
- upload, process, host, use, or distribute content or other technology that may interfere with, intercept, or expropriate any system, program or data, including viruses, Trojan horses, or worms; access, tamper with, or use non-public areas of the Site, our computer systems, or the technical delivery systems of our providers; attempt to probe, scan or test the vulnerability of the Site or any of our systems or network, or breach any authentication or security measures; use any meta tags or other metadata or hidden text utilizing our trademark, logo, URL or product name without our express written consent; attempt to reverse engineer, decipher, decompile, or disassemble any portion of the Site or the software used to provide the Site and services;
- use the Site, or any portion of it, for any commercial purpose or for the benefit of any third party other than as expressly permitted by these Terms and Conditions or as agreed to us in writing; sublicense, resell, rent, lease, transfer, assign, time share, or otherwise commercially exploit or make the Site available to any third party;
- use another user’s account without permission;
- hotlink to resources hosted by the Site, including your podcast episodes;
- make any automated use of the Site, or take any action to cause or to potentially cause a disproportionate or unreasonably large load on our servers or network infrastructure;
You understand and agree that any liability, loss or damage that occurs as a result of the use of any content, information, or other materials that you make available or access through your use of the Site is your sole responsibility. We are not responsible for any public display or misuse of your content, information, or other materials. We do not obligate ourselves to pre-screen or monitor any user content, information, or other materials, or use of users on the Site, but we have the right to do so for the purpose of operating the Site, to ensure compliance with these Terms and conditions, and to comply with applicable law or other legal requirements. We are not obligated to, but we reserve the right to, remove or disable access to the Site or any content, information, or other materials, at any time and without notice, if we, in our sole discretion, consider any content, information, materials, or use to be objectionable or in violation of these Terms and Conditions. We have the right to investigate violations of these Terms and Conditions or other conduct that affects the Site or services, and we may also cooperate with or consult with law enforcement or other governmental authorities regarding violations of the law.
You are solely responsible for your account, the activity that occurs while signed in to your account or are otherwise using the Site, for any content, information or other materials submitted by you or on your behalf, and for any content, information, or other materials we may host or publish on the Site on your behalf. You agree not to post any content, information, or other materials to the Site if you are not the owner of or do not have all required rights, licenses, and permissions to publish, distribute, host, or otherwise use in connection with the Site. You retain ownership of your User Content. However, for us to provide our services, including, but not limited to, distribution and monetization of your podcast show and episodes, we need to obtain certain non-exclusive rights from you. You grant us the following non-exclusive license: a worldwide, sublicensable, and transferable right to use, copy, modify, publish, distribute, and process, content, information, and other materials that you provide through the Site, without any further consent, notice, or compensation to you or others. Other users of the Site may access or share your content, information, or other materials, via the Site, social media, email, or otherwise.
For removal of your content from the Site, please send an email to firstname.lastname@example.org and we will process the request for removal, provided that we may retain copies, not accessible to the public, for backup or archival purposes.
For removal of content from the Site published by others, including (but not limited to) violations of this agreement or copyright laws, please send an email to email@example.com with a detailed description of your request. See also section Copyright Infringement in this Agreement.
We reserve the right to use the customer’s company, podcast show and episodes, name, logo as a reference in marketing or promotional materials on our Site or other public and private communications. If you do not wish us to use your information for this purpose, you can opt-out at any time by sending an email to firstname.lastname@example.org with a subject line of 'Publicity Opt Out.'
If you own a copyright and believe the Site, or any component thereof, including without limitation, any information, content, or materials found on or associated with the Site, has infringed your copyright, please immediately notify us at email@example.com with a subject line of “Notification of Claimed Infringement.” As required by the Digital Millennium Copyright Act, and any other applicable laws, we will take the required action to remedy the situation. Please provide all information required by applicable laws in order for us to proceed and handle any such claim.
We may restrict, suspend, or terminate your access to the Site at any time, with or without cause or notice, which may result in the forfeiture and destruction of all information, content, or materials associated with you and your use of the Site. We retain sole discretion to determine whether you have breached this Agreement. You acknowledge, consent, and agree that we may access, maintain, share, disclose, destroy or delete your account information, personal information, other information, content, or materials, and access to the Site if required to do so by applicable laws, rules, or regulations. All provisions of this Agreement that by their nature should survive termination of this Agreement shall survive termination, including, without limitation, ownership provisions, intellectual property, warranty disclaimers, indemnity, and limitations of liability.
LINKS TO OTHER SITES
Our Site may contain advertisements or links to third-party sites that are not owned, controlled, or operated by RSS America, LLC.
Subject to your compliance with this Agreement, RSS America, LLC grants you a non-exclusive, non-transferable, limited license to use the Site in accordance with this Agreement. You agree that you will not, nor permit any other party to, attempt to discover, copy, reverse engineer, disassemble, translate, or otherwise alter any executable code or other properties on the Site. In the event such information is discovered by you, you agree to keep such information strictly confidential. We have the right to pursue legal recourse and penalties against you for failure to comply with this obligation. RSS America, LLC hereby reserves all rights not expressly granted to you in this Agreement, and therefore nothing in this Agreement or on the Site will be construed as granting to you any additional license rights in or to the Site or any RSS America, LLC information, content, materials, or intellectual property located or displayed therein. Additionally, except for any rights to access third party content through the Site, no rights are hereby granted to you with respect to any such third party content.
LIMITATION OF LIABILITY; INDEMNIFICATION
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL RSS AMERICA, LLC, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS, NOR ITS OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, PERSONNEL, PARTNERS, OR AGENTS (“RSS PARTIES”), BE LIABLE TO YOU FOR ANY DAMAGES, WHETHER OR NOT DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL, RESULTING FROM YOUR ACCESS OR USE OF THE SITE (OR INABILITY TO USE THE SITE) (INCLUDING LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA, INFORMATION, OR OTHER CONTENT) OR ANY OF THE INFORMATION, CONTENT, OR MATERIAL FOUND ON OR ASSOCIATED WITH THE SITE, UNDER ANY LEGAL THEORY AND EVEN IF RSS PARTIES WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES WERE OTHERWISE FORESEEABLE, AND IN ANY EVENT RSS PARTIES SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY UNDER THIS AGREEMENT IN ANY CIRCUMSTANCE FOR AN AMOUNT HIGHER THAN ONE HUNDRED U.S. DOLLARS ($100.00). YOU AGREE TO DEFEND, INDEMNIFY AND HOLD RSS PARTIES HARMLESS FROM ANY AND ALL CLAIMS, LOSSES, LIABILITY COSTS AND EXPENSES INCURRED BY RSS PARTIES, INCLUDING BUT NOT LIMITED TO ATTORNEY’S FEES, ARISING FROM YOUR USE OF THE SITE, INFORMATION, CONTENT OR MATERIALS, YOUR INFORMATION, CONTENT OR MATERIALS, YOUR VIOLATION OF THIS AGREEMENT, OR YOUR ACTUAL OR ALLEGED VIOLATION, MISAPPROPRIATION OR INFRINGEMENT OF ANY THIRD-PARTY’S RIGHTS. RSS America, LLC reserves the right, in its sole discretion, to assume the exclusive defense and control of any matter subject to indemnification hereunder, and in such case you agree to cooperate with any reasonable requests to assist us in the defense of such matter.
WARRANTY AND ONLINE CONTENT DISCLAIMER
YOUR USE OF THE SITE, AND ANY INFORMATION, CONTENT, OR MATERIALS CONTAINED THEREON OR RELATED THERETO, IS AT YOUR SOLE RISK. THE SITE, INFORMATION, CONTENT, AND MATERIALS, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE SITE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR COURSE OF PERFORMANCE.
RSS Parties ARE NOT LIABLE FOR and do not warrant that a) the Site, content, or materials, will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Site, content, or materials, are free of viruses or other harmful components; or d) the results of using the Site, content, or materials, will meet your requirements.
You agree that RSS America, LLC, its successors, subsidiaries, affiliates, licensors, and suppliers are not responsible for or liable for any offensive or illegal conduct, any defamatory information, content, or material found on or associated with the Site. You are solely responsible for all information, content, or materials you upload to the Site.
User content, information, or other materials, statements, opinions, advice, offers, or other such information made available through the Site, but not directly by us, are those of their respective authors. Such authors are solely responsible for such content, and they should not necessarily be relied on. We do not guarantee the accuracy, completeness, or usefulness of any content, information, or other materials on the Site, and we do not endorse or adopt, nor are we responsible for, the reliability or accuracy of any statement, opinion, or advice made by parties other than RSS Parties. We take no responsibility and assume no liability for any content, information, or other materials that you or any other party posts or sends through the Site. Under no circumstances will RSS Parties be responsible for any loss or damage resulting from anyone’s reliance on information or other content, information, or other materials, on the Site, or transmitted to users.
This Agreement (and any further rules, policies, or guidelines incorporated by reference), and your use of the Site, shall be governed and construed in accordance with the laws of Delaware, United States, without giving effect to any principles of conflicts of law. Those who choose to access or use the Site from locations outside of the United States of America do so on their own initiative and are responsible for compliance with local laws to the extent applicable.
OUR SITE IS NOT FOR PERSONS UNDER THE AGE OF 13 OR FOR ANY USERS PREVIOUSLY REMOVED FROM THE SITE BY US. IF YOU ARE UNDER 13 YEARS OF AGE, THEN YOU MUST NOT USE OR ACCESS THE SITE AT ANY TIME OR IN ANY MANNER. Furthermore, by accessing or using the Site, you affirm that you either have been authorized to use the Site by your parent or legal guardian who is at least the age of majority in your jurisdiction or that you are at least the age of majority in your jurisdiction.
CHANGES TO THIS AGREEMENT
We reserve the right, at our sole discretion, to modify or replace these Terms and Conditions by posting the updated terms on the Site. Such modifications or changed terms or conditions shall be effective immediately. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms and Conditions.
If you have any comments, complaints, suggestions, or questions about this Agreement or the Site, or would otherwise like to contact us, then please contact us at firstname.lastname@example.org.