Thank you for using PodOut!


PodOut's products and services are provided by Pumpkin Productions PTY LTD. These Terms of Service ("Terms") govern your access to and use of PodOut's website, products, and services ("Products"). Please read these Terms carefully, and contact usif you have any questions. By accessing or using our Products, you agree to be bound by these Terms and by Privacy Policy.


1. Using PodOut


a. Who can use PodOut

You may use our Products only if you can form a binding contract with PodOut, and only in compliance with these Terms and all applicable laws.

When you create your PodOut account, you must provide us with accurate and complete information. If you open an account on behalf of a company, organization, or other entity, then (a) "you" includes you and that entity, and (b) you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms and bind the entity to these Terms, and that you agree to these Terms on the entity's behalf. Some of our Products may be software that is downloaded to your computer, phone, tablet, or other device.

You agree that we may automatically upgrade those Products, and these Terms will apply to such upgrades.


b. Our license to you

Subject to these Terms we grant you a limited, non-exclusive, non-transferable, and revocable license to use our Products.


2. Your Content


a. Posting content

PodOut allows you to post content, including photos, comments, links, and other materials. Anything that you post or otherwise make available on our Products is referred to as "User Content." You retain all rights in, and are solely responsible for, the User Content you post to PodOut.


b. How PodOut and other users can use your content

Refer to PodOut Copyright Policy. Nothing in these Terms shall restrict other legal rights PodOut may have to User Content, for example under other licenses. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms or our policies.


c. How long we keep your content

Following termination or deactivation of your account, or if you remove any User Content from PodOut, your content will no longer be available to other PodOut users or externally to PodOut.com


d. Feedback you provide

We value hearing from our users, and are always interested in learning about ways we can make PodOut more awesome. If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you. By accepting your submission, PodOut does not waive any rights to use similar or related Feedback previously known to PodOut, or developed by its employees, or obtained from sources other than you.


3. Copyright Policy


PodOut has adopted and implemented the PodOut Copyright Policy in accordance with the the Copyright Act 1968 (Cth).. For more information, please read our Copyright Policy.


4. Payment Terms


Your Paypal account will automatically be charged the current fee for the Service you choose on the date that you click on the "Place Order" button in the ordering process. If you do not cancel your PodOut Pro service by the end of the current term, your PayPal on file will also automatically be charged the then-current fee for that Service at the commencement of each renewal term. Fees may not be credited towards other services.

Current fees will be posted on PodOut in the Options section. All currency references are in Australian dollars. Please note, unless PodOut provides express notice otherwise, payment for the Service is non-refundable. If you cancel your PodOut Pro account, your account will automatically revert to a free PodOut account upon the expiration of your Pro term and will be subject to the limitations of a free PodOut account.


5. Security


We care about the security of our users. While we work to protect the security of your content and account, PodOut cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account.


6. Third-Party Links, Sites, and Services


Our Products may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by PodOut. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from PodOut, you do so at your own risk and you agree that PodOut will have no liability arising from your use of or access to any third-party website, service, or content.


7. Termination


PodOut may terminate or suspend this license at any time, with or without cause or notice to you. Upon termination, you continue to be bound by Sections 2 and 6-12 of these Terms.


8. Indemnity


If you use our Products for commercial purposes in violation of Section 1(c), as determined in our sole and absolute discretion, you agree to indemnify and hold harmless PodOut and its officers, directors, employees and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), in any way related to (a) your access to or use of our Products, (b) your User Content, or (c) your breach of any of these Terms.


9. Disclaimers


PODOUT SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

PodOut takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or transmits using our Products.

You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.


10. Limitation of Liability


TO THE MAXIMUM EXTENT PERMITTED BY LAW, PODOUT 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 (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PRODUCTS; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PRODUCTS, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL PODOUT'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE PRODUCTS EXCEED ONE HUNDRED AUSTRALIAN DOLLARS (AUD $100.00).


11. Arbitration


For any dispute you have with PodOut, you agree to first contact us and attempt to resolve the dispute with us informally. If PodOut has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration by the The Institute of Arbitrators & Mediators Australia (“IAMA”) Arbitration Rules.

Any dispute or difference whatsoever arising out of or in connection with this contract shall be submitted to arbitration in accordance with, and subject to, The IAMA Arbitration Rules.

Any dispute or difference whatsoever arising out of or in connection with this contract shall be submitted to arbitration in accordance with, and subject to, The IAMA Fast Track Arbitration Rules. For disputes in which the quantum is less than AUD $1000 arbitration shall take place using the submission of documents alone unless both parties agree otherwise.

International Disputes: Any dispute or difference whatsoever arising out of or in connection with this contract shall be and is hereby submitted to arbitration in accordance with, and subject to, the UNCITRAL Arbitration Rules. The appointing and administering body shall be The Institute of Arbitrators & Mediators Australia (IAMA). There shall be one arbitrator, the language of the arbitration shall be English, the place of the arbitration shall be Melbourne.’

Unless you and PodOut agree otherwise, the arbitration will be conducted in Australia. Each party will be responsible for paying any IAMA filing, administrative and arbitrator fees in accordance with IAMA rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Service.

ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND PODOUT ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION


12. Governing Law and Jurisdiction


These Terms shall be governed by the laws of the Commonwealth of Australia, without respect to its conflict of laws principles. We each agree to submit to the personal jurisdiction of a state court located in Melbourne, Victoria, for any actions not subject to Section 10 (Arbitration).

Our Products are controlled and operated from Australia, and we make no representations that they are appropriate or available for use in other locations.


13. General Terms


Notification Procedures and changes to these Terms. PodOut reserves the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if we so choose. We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you.

By continuing to access or use the Products after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Products.


Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by PodOut without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

Entire Agreement/Severability. These Terms, together with the Privacy Policy and any amendments and any additional agreements you may enter into with PodOut in connection with the Products, shall constitute the entire agreement between you and PodOut concerning the Products. If any provision of these Terms is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

No Waiver. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and PodOut's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.


14. Copyright Policy


PodOut ("PodOut" or the “Service”) respects the intellectual property rights of owners and expects its users to do the same. You retain your rights to any Content you submit, post or display on or through the Services.

By signing up to PodOut and agreeing to the terms and conditions, you acknowledge and understand that PodOut will not directly use or misuse your content without your knowledge or permission. However, there are specific scenarios where you authorise PodOut to adjust your content in order for the Service to be provided:

• CDNs are automated 3rd party services used for the promotion and distribution of Content, and are not controlled by PodOut. This may result in unexpected (re)use, duplication, modification, adaption, processing, reproduction, publication, display and distribution; and

• PodOut may change the methods used to display Content on the site from time to time, which may automatically apply styles, templates, or other modifications such as thumbnails, frames or crops in order to provide a standard user or viewer experience.

You acknowledge that the nature of automated Content Delivery Network mechanisms means it is possible PodOut will not be aware of specific scenarios that may eventuate, and may not be able to do anything to prevent misuse. As a result, you retain the right to remove your content from PodOut, and will not hold PodOut responsible for unauthorised use outside of PodOut’s control.

It is PodOut's policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.

Australian copyright law applies to actions that take place in Australia, even if the material used was created or first published in another country. Australian copyright law is set out in the Copyright Act 1968 (Cth). This is federal legislation, and applies throughout Australia.

For further information about copyright, visit Australian copyright website,

www.copyright.org.au

If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site by contacting PodOut's Designated Copyright Agent or Managing director. Upon receipt of the Notice detailing as described below, PodOut will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Site.


Notice of Alleged Infringement ("Notice").


1. Identify the copyrighted work that you claim has been infringed, or - if multiple copyrighted works are covered by this Notice - you may provide a representative list of the copyrighted works that you claim have been infringed.

2. Identify (i) the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found, and (ii) the reference or link, to the material or activity that you claim to be infringing, that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate that reference or link, including at a minimum, if applicable, the URL of the link shown on the Site where such reference or link may be found.

3. Provide your mailing address, telephone number, and, if available, email address.

4. Include both of the following statements in the body of the Notice:

"I hereby state that I have a good faith belief that the disputed use of the copyrighted material or reference or link to such material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."

"I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."

5. Provide your full legal name and your electronic or physical signature.

Deliver this Notice, with all items completed, to PodOut by Pumpkin Productions PTY LTD, 88 Blessington Street, St Kilda, 3182, Australia, and an electronic copy to info@podout.com


What if I receive a Copyright Complaint (DMCA) notification?


If you receive a notification that a Pod has been removed due a copyright complaint, it means that the Pod’s content has been deleted from PodOut at the request of the content's owner. If your account receives too many copyright complaints, you may lose the ability to Pod new content on PodOut, and your account may be disabled completely.

If you believe a Pod was removed in error, you have the option to file a counter-notice by following the steps below. When we receive a valid counter-notice, we will forward a copy to the person who filed the original complaint.

If we do not receive notice within 10 business days that the submitter of the

original complaint is seeking a court order to prevent further infringement of the content at issue, we will remove the complaint from your account's record, and we may replace the content that was removed.

Note: There are legal and financial consequences for fraudulent and/or bad faith submissions. Before submitting a counter-notice, be sure that you are the actual rights holder of the removed content or that you have a good faith belief that the material was removed in error, and understand the repercussions of submitting a false claim.


How to File a Counter-Notice


1. Email your counter-notice to info@podout.com

2. Include ALL of the following:

a. Your name, address, and telephone number.

B. The source address of the content that was removed (copy and paste the link in the notification email).

d. A statement under penalty of perjury that you have a good faith belief that the content was removed in error.

e. A physical or electronic signature (for example, typing your full name).