These Terms of Use (“Terms of Use”) govern your use of Podshare. By registering an Account and using the Platform, you agree to accept these Terms of Use.
The Platform is owned and operated by Piccolo Podcasts and Media (ABN 75 645585 584) ( “us” or “we”)
Your access to and use of the Platform is conditional upon your agreement to and acceptance of these Terms of Use. Each time you use the Platform, you agree to be bound by these Terms of Use. If you do not wish to be bound by these Terms of Use, do not use the Platform.
These Terms of Use apply to all transactions conducted on the Platform, as well as to your access to, and use of, the Platform.
We may at any time change these Terms of Use. Changes will take immediate effect and may affect your ability to use the Platform. We will endeavour to notify you of any change prior to the date such change comes into effect by email to the email address you provided when creating your Account, however it is your responsibility to check if there have been any changes to these Terms of Use each time you use the Platform. Your use of the Platform following the posting of any changes to these Terms of Use constitutes your acceptance of those changes.
Registering an account
In order to use Podshare, users must register an Account. Without limiting the registration details we may require, you acknowledge that we may require you to provide us with:
a personal or company profile;
an email address;
the details of a Valid Card and/or bank account; and
verification of your address details.
We reserve the right to refuse or cancel registration of an Account for any reason in our sole discretion.
All information provided when registering an Account must be current, correct and complete. Incomplete, ineligible or incomprehensible Account registrations will not be valid. You must be logged in to your Account in the manner required each time you wish to use the Platform. You may never use another person’s Account without their permission.
Your Account is personal to you and you must not transfer it to others, or allow third parties to access, or use your Account, except with our express written permission. If a legal entity such as a company has created an Account, you, the legal entity, are the Account owner, and regardless of any change in any contact details, you will remain responsible for your Account as set out in these Terms. If you wish to change the Account owner, you must provide us with a written request to transfer ownership of the Account to the incoming party, which must also include the incoming party’s written consent to take over full responsibility for the Account. Third parties may never use, or access, another person’s Account, unless that third party is expressly authorised to use the Account because it acts for, or on behalf of, the Account holder, including if it is the Account holder’s personnel.
You are responsible for maintaining the strict confidentiality of your Account details and for controlling access to and use of your Account, and any activity, including any unauthorised activity, under your Account. You agree to immediately notify us of any unauthorised use of your Account (including any unauthorised third party access to your Account) or any other breach of security. We will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.
Using the platform
Once an Account is registered, the Platform allows advertisers to book ad spots on podcasts and podcasters to receive advertising.
Once the ad spots are booked and accepted, the money is held in escrow until the ads have been delivered and verified. The money is then paid to the podcaster minus the 20% commission.
You must not engage in crawling, scraping, caching or otherwise accessing any content (including any Content) on the Platform via automated means.
You are solely responsible for your interactions with other users of the Platform. You agree that we are not responsible for the conduct of any user.
You represent, warrant and agree that you will not use the Platform, including any Content, in any way that competes with the Platform or our business.
You agree that you will not knowingly induce or otherwise assist any user of the Platform to breach its duties and obligations under these Terms of Use (including any of its confidentiality obligations).
You agree that we are not responsible for, and do not endorse, any Content posted on the Platform by a user. We do not have any obligation to moderate, monitor, edit, approve or remove any Content. If your Content violates these Terms of Use, you bear legal responsibility for that Content.
Nothing in these Terms of Use is intended nor does create a partnership, agency, employment or fiduciary relationship between Podshare and any user.
The Platform may contain links to other sites not maintained by us (“Linked Sites”). We are not responsible for the content of any Linked Sites. Podshare does not in any way endorse any Linked Sites and is not responsible for the quality or delivery of any products or services offered, accessed or advertised by such Linked Sites. To the extent that these Linked Sites collect personal information from you, we shall bear no responsibility or liability for the manner in which such information is used.
The Platform may utilise social network or share functionality and may contain social media links, applications or features (including but not limited to Facebook, Twitter and Instagram). Your use of any social media platforms is subject to the particular social media platform’s prevailing terms and conditions of use. By using any social media applications or features on the Platform, you consent and agree to be bound to the particular terms and conditions of use of the social media platform. You are encouraged to review the terms and conditions of use of each social media platform before engaging or interacting with the social media links, applications or features on the Platform.
Podshare allows You, as a publisher, to setup a listing and offer and sell ad units of a podcast that You designate for placement of ads (“Inventory”) to any advertiser, advertising network, ad agency, or other participant on Podshare, who purchases Inventory listed by You via the Marketplace (“Podcast Advertiser(s)”). Podcast Advertisers may order and promote their product or service (“Podcast Ad(s)”) on Inventory made available via Your podcasts, podcast-related websites, and social media (collectively, “Publisher Network”), based upon the selling criteria selected by You via Podshare.
Podshare will remit a percentage of the “Gross Marketplace Revenue” (as defined below) that Podshare receives from the sale of Your Inventory to Podcast Advertisers, in AUD Dollars. The amount resulting from applying such percentage to the Gross Marketplace Revenue will be the “Revenue Share Fee.” “Gross Marketplace Revenue” means fees actually collected by Podshare
from Podcast Advertisers in connection with any Ads served to the Publisher Network, less Podshare’s commission. Standard commission rate is 20%, but Podshare and Publisher Network may agree to a variation on the commission rate in writing. Podshare also reserves the right to offer negotiated pricing and/or commission rate on any advertising order.
You are responsible for all Taxes (if any) associated with the Services.
Service Implementation – By using our service, you agree to keep your podcast listing up to date with accurate and present time data. Failure to do so, may result in account suspension, provided that Podshare will give You at least 30 days’ written notice prior to suspending your account in order to allow You to update Your podcast listing.
Your Account. You will protect the Podshare account You use to access any of the Services (“Account”) and any usernames or passwords associated with the Account (“Credentials”) against any unauthorized access and use, and will take full responsibility for Your own, and any authorized or unauthorized third party, use of the Credentials and/or the Account. You will ensure that all information in Your Account, including but not limited to, full name, contact address, and payment detail information is up-to-date, complete and accurate. You acknowledge and agree that any remittances owed to you in connection with your use of the Marketplace may be delayed in the event that Your Account information is not up-to-date, complete and accurate. You may grant access to Your Account to third parties approved by Podshare solely to allow such third parties to access and manage Your Account on Your behalf; provided, however, that You shall (i) require that such third parties agree to be bound by the terms of this Agreement; (ii) ensure that such third parties comply fully with all provisions of this Agreement, and (iii) be fully responsible and liable for the acts and omissions of such third parties. Misrepresenting ownership and fraudulent claiming of applications and/or podcast advertising inventory in the Podshare UI is strictly prohibited and may result in a permanent ban from the Services. You agree that to the extent You create a new account, it must be pre-approved by Podshare and registered to You; if not pre-approved or registered with the same entity or name, any right to any remittance is automatically waived by You. In order to make payments in connection with Your use of Marketplace, Podsshare uses a third-party payment processor (“Payment Processor”) to link the payment information You provide/ The processing of payments in connection with Your use of the Services will be subject to the terms, conditions and privacy policies of the Payment Processor and Your bank in addition to this Agreement. Podshare will not be responsible or liable for any errors made by the Payment Processor.
Misleading Reach/Impressions/Downloads. You shall not, and shall not knowingly allow or encourage third-parties to run “robots” or “spiders” against any of Your Publisher Network or use any means to artificially increase the number of impressions/downloads or End User taps or clicks on Publisher Ads or Demand Ads displayed on Your Publisher Network (“Clicks”) via the Marketplace, including, but not limited to by engaging in any of the following activities: encouraging visits to landing pages or using promo codes with offers of cash, prizes or anything else of value in exchange for services (except for standard advertiser offers or publisher rewards programs that are compliant with this Agreement). You represent and warrant that there will not be any fraudulent Listens, Downloads, Clicks, Inducements, or Unintended Clicks via the Publisher Network. You agree to indemnify and hold harmless Podshare with respect to any claims by an Advertiser related to fraudulent Listens, Downloads, Clicks, Inducements, Unintended Clicks, or Advertiser Offers. Podshare shall not be liable for any advertising fees based on fraudulent Listens, Downloads, Clicks, Inducements, and/or Unintended Clicks. Final judgment on what constitutes fraudulent Clicks, Inducement and/or Unintended Clicks shall be in the sole discretion of Podshare.
Failure to Comply with Terms and Conditions and Termination. You acknowledge and agree that Podshare may terminate account or deny you access to all or part of the Service without prior notice if you engage in any conduct or activities that Podshare in its sole discretion believes violate any of the terms and conditions, violate the rights of Podshare, or is otherwise inappropriate for continued access.
